1. GENERAL
HORIZON CO., LTD. (HORIZON AUTO) operates the website www.horizonauto.jp (the site) in accordance with the following terms of use (terms). By using the site, you acknowledge you agree to these terms.
2. COPYRIGHT
Copyrights to all content on the site belong to HORIZON AUTO. Reproduction or use of content on the site is prohibited.
3. OTHER AGREEMENTS
These terms govern all transactions except where HORIZON AUTO signs a separate written contract with you. If HORIZON AUTO signs a contract with you, that contract will prevail wherever that contract and these terms differ.
4. NON-ENGLISH TERMS
Only the English version of these terms is authoritative. Non-English translations are inoperative and intended for only convenience.
5. REGISTRATION
Customer account registration is required to make transactions. Registration is free. To register, you must provide accurate, complete, and current information. HORIZON AUTO will not be liable for loss arising from wrong information.
6. PRICING AND SALE
Cars are priced in United States dollars or Japanese yen and, unless otherwise stated in writing, sold on CFR or FOB terms.
7. PAYMENT
Full or part payment is due seven days after invoice issuance and is deemed paid on HORIZON AUTO’s receipt of your electronic funds transfer. For cars shipped on part payment, full payment is due seven days after the carrier’s sailing date. Bank charges and other transaction costs are not included in the invoice price and payable by you.
8. DELIVERY AND SHIPPING
After full or part payment, HORIZON AUTO books shipping subject to carrier’s terms. The place of delivery is carrier’s facility. Risk passes to you on tender to the carrier. Carriers’ schedules are approximate, and HORIZON AUTO will not be liable for carrier delay, error, or nonperformance. You must comply with applicable import law and procedure, including limits to car age, class, and drive side. HORIZON AUTO will not be liable for noncompliance or denied entry. On receiving shipment, HORIZON AUTO advises checking and refilling engine oil, radiator coolant, and other consumables.
9. DOCUMENTS
Original transportation documents are released and sent to you only after full payment. You must make timely full payment for processing and sending before shipment POD arrival. HORIZON AUTO will not be liable for loss arising from damaged, delayed, erroneous, lost, non-amended, non-issued, or retained documents.
10. NONPAYMENT AND CANCELATION
If you fail to pay HORIZON AUTO the full invoice price by seven days after the carrier’s sailing date, the car will be deemed unpaid, and you might forfeit any part payment. HORIZON AUTO is entitled to possession of and may resell an unpaid car. After HORIZON AUTO tenders a car to the carrier, the order becomes noncancelable.
11. SITE CONTENT
HORIZON AUTO exercises due care in posting information on the site; however, HORIZON AUTO makes no warranty of completeness, accuracy, validity, or safety thereof. HORIZON AUTO will not be liable for loss arising from decisions or actions taken by you reliant on information posted on the site.
12. NONPARTY PROVIDERS
You acknowledge nonparty service providers, including banks and carriers, are not controlled by or related to HORIZON AUTO, and HORIZON AUTO will not be liable for loss arising from their use, to a car in nonparty custody, or for nonparty delay, error, or nonperformance.
13. WARRANTY
HORIZON AUTO offers the site and cars as is without warranting fitness for your particular purpose and merchantability. HORIZON AUTO only warrants that cars correspond to descriptions on the site, and a car is deemed defective only if not corresponding to description. HORIZON AUTO will not be liable for disclosed car defects.
14. LIMITED LIABILITY
HORIZON AUTO will not be liable for more than the invoice price of the subject car(s); consequential, indirect, or punitive damages; or lost business, profit, or use.
15. INDEMNITY
You shall indemnify HORIZON AUTO for loss arising from your breach of these terms, negligence, wrongdoing, or violation of contract or third-party rights or law.
16. ANTICORRUPTION
HORIZON AUTO complies with the Japan Unfair Competition Prevention Act, OECD Convention on Combating Bribery of Foreign Public Officials, and other anti-corruption applicable law. Any
contravening transaction of prohibited.
17. ANTI-SOCIAL FORCES
HORIZON AUTO never deals with organized crime and takes measures to prevent anti-social transactions, including screening business partners for anti-social affiliations and including terms excluding anti-social forces in procurement and sales contracts. Any contravening transaction is prohibited.
18. SECURITY EXPORT CONTROL
HORIZON AUTO complies with Japan Foreign Exchange and Foreign Trade Act export controls, including list controls and catch-all controls and other applicable laws and regulations to prevent illegal weapons development. Any contravening transaction is prohibited.
19. MISCELLANEOUS
These terms constitute the entire agreement between you and HORIZON AUTO, and a forbearance in exercising or requiring satisfaction of a provision, act, omission, or course of dealing will not waive a right, remedy, or condition. If part of these terms is held unenforceable, the rest remains effective as written except where held unenforceable. These terms are governed and adjudicable by only the laws and courts of Japan.