Terms of Use

1. GENERAL

Mode International.,LTD. operates the website modeautojapan.com (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 Mode International. Reproduction or use of the content on the site is prohibited.

3. OTHER AGREEMENTS

These terms govern all transactions except where Mode International. signs a separate written contract with you. If Mode International 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 the only convenience.

5. REGISTRATION

Customer account registration is required to make transactions. Registration is free. To register, you must provide Mode International accurate, complete, and current information. Mode International 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 Mode International’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 a part payment, Mode International books shipping subject to carrier’s terms. The place of delivery is the carrier’s facility. Risk passes to you on a tender to the carrier. Carriers’ schedules are approximate, and Mode International 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. Mode International will not be liable for noncompliance or denied entry. On receiving shipment, Mode International 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 send before shipment POD arrival. Mode International 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 Mode International 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. Mode International is entitled to possession of and may resell an unpaid car. After Mode International tenders a car to the carrier, the order becomes noncancelable.

11. SITE CONTENT

Mode International. exercises due care in posting information on the site; however, Mode International makes no warranty of completeness, accuracy, validity, or safety thereof. Mode International 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 Mode International, and Mode International 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

Mode International. offers the site and cars as-is, and to the maximum extent permitted by law disclaims all warranties, including of fitness for purpose and merchantability, except descriptional correspondence. Mode International warrants only that cars correspond to descriptions on the site. Mode International will not be liable for disclosed car defects.

14. LIMITED LIABILITY

Mode International. 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 Mode International for loss arising from your breach of these terms, negligence, wrongdoing, or violation of contract or third-party rights or law.

16. ANTICORRUPTION

Mode International 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

Mode International maintains an internal compliance program to prevent anti-social transactions that includes screening business partners for anti-social affiliations and incorporating terms to exclude anti-social forces in sales and procurement contracts. Any contravening transition is prohibited.

18. SECURITY EXPORT CONTROL

Mode International complies with domestic and international global security and anti-terrorism laws and regulations, including list controls and catch-all-controls to prevent WMD proliferation. Any contravening transition is prohibited.

19. MISCELLANEOUS

These Terms constitute the entire agreement between you and Mode International, and 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 were held unenforceable. These terms are governed and adjudicate by only the laws and courts of Japan.