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WHY MORE LEGAL STUFF?
Because international commerce
and export law can be tricky.
While we don't anticipate any problems during the purchase
and export process, unforeseen issues may arise. These
terms and conditions are here to protect your interests -
and ours, of course.
WHAT TO EXPECT
Our goal is to provide prompt, courteous,
professional service.
We typically respond to each request within 6-8 hours.
Find out how we work with you when you wish to purchase and
import/export a vehicle through us...
STILL READING?
Good for you!
The more you know, the better prepared you are to anticipate/handle
any unforeseen issues. While we certainly don't expect
any problems (there rarely are), it's best to know what to
expect.
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The following terms and restrictions
apply to all orders and purchases placed with
Global Auto Exports. Due
to the risks inherent in international commerce, this is for
your protection and ours.
For the purposes of this agreement, “Seller”
shall refer to Global Auto Exports, and “Buyer” shall refer
to you, the potential client. “Product” shall refer to any
vehicle, part, or goods purchased by Buyer.
[ 1 ] Individual Contract
Quantity, price, date of delivery, method of payment and other
detailed terms and conditions shall be stated in Sales Order,
and such terms and conditions shall be finally binding upon
both the parties.
[ 2 ] Order & Payment Methods
Any Sales Order shall not be binding unless and until accepted
by Seller at its discretion. The Buyer shall remit a down
payment equivalent to 10% of the aforementioned price for
the goods to the bank account designated by the Seller within
five (5) days from the effective date of Sales Order. "Dollars"
means the lawful currency of the United States of America.
If Buyer should fail to complete the purchase transaction,
as stated in Sales Order, Buyer is entitled to receive NO
LESS than a 90% refund of down payment paid to Seller. All
monetary transactions are to be conducted via wire transfer.
[ 3 ] Increased Costs
If Seller's costs of performance are increased after the date
of the contract by reason of increased freight rates, taxes
or other governmental charges, and insurance rates including
war risk, Buyer shall reimburse Seller for such increased
cost or loss of income.
[ 4 ] Inspection
Seller shall, at its discretion, make inspection of the goods
especially in respect of specification, quality and condition
of the goods. Unless otherwise arranged, the inspection by
Seller shall be final in all respects regarding the quality
and condition of the goods.
[ 5 ] Delivery Terms
All terms are FCA (origin), unless otherwise stated. Seller
is not required to appoint any steamship company, carrier
or vessel for shipment. But if the Seller should make such
an appointment, the Seller is not responsible for late shipment
due to delay or cancellation of such carrying boat.
[ 6 ] Insurance & Freight
Insurance shall be effected by the Buyer at one hundred ten
percent (110%) of the Product invoice amount. War risk and
/ or any other risk additional to the foregoing shall be covered
only at the specific request of the Buyer and at the Buyer's
expense. Any unforeseen increase in freight and / or insurance
premium subsequent to the date of this contract shall be for
the Buyer's account.
[ 7 ] Assignment
Neither party hereto may assign to any third party this contract
or any right or obligation under this Agreement, without prior
written consent from the other party.
[ 8 ] Warranty
Any and all other warranties, express or implied, including
but not limited to any implied warranty of merchantability
or fitness for use of the goods, are hereby expressly disclaimed
by the Seller.
[ 9 ] Claim against the Seller
Any claim of any sort shall not be alleged against the Seller
arising from the use of information disclosed by the Seller
in accordance with the terms of this contract whether such
information is accurate or not.
[ 10 ] Failure by Buyer
If Buyer fails to perform any of its obligations of this contract,
or in the event of demise, bankruptcy or insolvency of Buyer,
dissolution or modifications of Buyer or non-payment for the
goods shipped, Seller shall have the right to cancel this
contract with Buyer or to postpone the shipment, or to stop
the goods in transit, and Buyer shall reimburse Seller for
any loss, damage and expense sustained there from.
[ 11 ] Expenses
Buyer shall bear any expense relating to the collection of
payment to Seller under this contract.
[ 12 ] Patents
Buyer shall hold Seller harmless from liability, loss or expense
in connection with any alleged infringement with regard to
any patent, trademark, copyright, design, pattern, etc., in
any country.
[ 13 ] Force Majeure
In the event of Act of God, government orders or restraints,
war or warlike conditions, blockage, hostilities, revolution,
strikes, lockout, civil commotions, fire, flood, epidemics,
breakdown, or accident or course of preparation or transportation
of the goods, or of any other occurrence beyond Seller's control,
Seller shall not be liable for non-delivery or delay in performance
of the contract caused directly or indirectly thereby, in
which case Buyer shall accept the delayed shipment or the
cancellation of all or any part of the contract.
[ 14 ] Jurisdiction
The relationship between Buyer and Seller in relation to the
Products shall be governed by and construed in accordance
with the laws of the State of California, United States of
America. Any legal action with respect to any transaction
must be commenced within one year after the cause of action
has arisen. The provisions of the Uniform Commercial Code
as adopted by the State of California, and not the United
Nations Convention on Contracts for the International Sale
of Goods, shall apply.
[ 15 ] Arbitration
All disputes, controversies, or differences which may arise
between the parties hereto, out of or in relation to or in
connection with the contract, shall be finally settled by
arbitration in California in accordance with the Commercial
Arbitration Rules of The US Commercial Arbitration Association.
The award rendered by the arbitrator shall be final and binding
upon both parties.
[ 16 ] Confidentiality
Without prior written consent from the other party, neither
party hereto may disclose to any third party the Confidential
Information received from the other party in the course of
performance of this contract.
[ 17 ] Entire Agreement
This contract constitutes the entire agreement between the
parties hereto with respect to the subject matter hereof and
supersedes all prior agreements or understandings, expressed
or implied, between the parties hereto.
[ 18 ] Governing Law
This contract shall be governed by and construed in accordance
with the laws of the United States of America.
[ 19 ] Amendment
This contract may not be amended except in writing signed
by both parties.
[ 20 ] Accountability
Seller cannot be held liable, financially or otherwise, for
any negligence, whether willful or unintentional, on its part
or that of any other parties involved in any vehicle purchase
and/or delivery transaction.
[ 21 ] Notice
All notice required hereunder shall be in writing and shall
be sent by registered airmail, cable, telex or facsimile (and
confirmed by registered airmail dispatched within three (3)
days) to the addresses of the parties hereto shown in the
beginning hereof. Notice given by airmail is deemed to be
delivered to the recipient party seven (7) days from the dispatch
thereof, and notice given by any means other than airmail
is deemed to be delivered at the time of dispatch.
[ 21 ] Waiver
No waiver of any right hereunder shall be deemed to be a waiver
of the same right on any other occasion. Remedies contained
herein shall be cumulative, but not alternative.
[ 23 ] Severability
If any provision of this contract is later held invalid, the
remaining provisions shall continue to be valid.
[ 24 ] Headings
The headings of the provisions in this contract are for convenience
only and have no influence on the interpretation of the provisions.
Additional Terms and Conditions
for Parts Purchases
All orders placed with Global Auto Exports(phone, fax, mail,
& e-mail) constitutes the acknowledgement and acceptance
of all terms & conditions listed on the Sales Note, Global
Auto Export's Terms & Conditions, and all conditions listed
below. All parts shall remain the property of Global Auto
Exports until paid for in full. All prices, materials, designs,
and specifications are subject to change without notice.
Some products and modifications are designed for off-road
use only and may be in violation of local or others regulations
for public highway use. We recommend that you check with your
local or others authority prior to ordering these products
to see if they are legal for highway use in your area. Also
some modifications may void your factory warranty on new vehicles.
All products shown and depicted on this web site are to be
used in a safe and legal manner. We are not responsible for
typographical errors and specification may be changed without
notice.
No warranty whatsoever will be valid if the defect was caused
by customer's abuse, negligence, or mishandling. All merchandise
sold by Global Auto Exports is only subject to manufacturer's
warranty and conditions, if any, and is subject to submission
to the manufacturer for inspection and approval for repair
or replacement of merchandise. Customer, however, will be
responsible for all shipping and handling fees. No labor or
inconvenience may be included in any warranty claims. There
is no warranty on lights, light bulbs, decals, electrical
parts, and engine parts.
All parts must be prepaid for in advance. There is no return
or exchange for order items. We will do our best to provide
you with the necessary information to help assist you in your
decision, but we will not be responsible for fitment problems
if they arise. If you have any questions regarding fitment
issues, you must contact us before ordering and all issues
will be considered resolved when you place your order with
us.
You have read and understood the terms of agreement as stated
above. By placing this order you agree to the terms above
and relieve Global Auto Exports of any wrongdoing and/or claims
in court regarding injury and or death due to the use of the
products. By ordering you are forfeiting you right to name
Global Auto Exports, its officers, and/or employees in any
future suits or actions.
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