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Agent in Lusaka, Zambia 0955/0967350734
Jillu Lungu, jillulungu@gmail.com
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Terms and Conditions of Service

Clause 1: Applicability of terms

  • These terms and conditions come into effect for orders made on or after 5th January, 2009.
  • Drive Co. Ltd (hereinafter referred to as "the company") hereby establishes the rules, regulations and terms of contract (hereinafter referred to as "the terms") for persons (hereinafter referred to as "the customer") utilizing the company's internet sales service for the purchase of used cars, other items and the shipping of said items (hereinafter referred to as the "service").
  • Nagoya District Court in Japan holds original, exclusive jurisdiction over any dispute that can not be resolved by discussion between the company and the customer.
  • The company reserves the right to cancel any order for any reason. The company will not be liable for any damages as a result of such cancellations. In such a case, a full refund will be given.
  • The company is not liable for any damages as a result of use of our internet site or services, whether through email, telephone, fax or any other means until it has been deemed that a contract has been agreed under Clause 1.5 of the terms.
  • The company is not liable for any losses or damages caused by the suspension of the service due to failure of the internet, failure of any information systems including those of any third party, act of war, act of terrorism, fire, theft, or natural disaster including but not exclusively earthquake, typhoon, flood, tsunami and landslide.
  • The terms F.O.B., C.I.F, and C&F are used as defined by Incoterms2000.

Clause 2: Purchase Contract

  • All vehicles, parts and accessories are bought "as is". The company undertakes to provide safe and reliable vehicles however the company offers no warranty on goods purchased. The company accepts no liability or claims for any injury, death, or damage caused by use of the service.
  • It is the responsibility of the customer to research in advance any import regulations in their own country, and to report these to the company. Further, the client is responsible for paying all taxes and costs assessed in their country.
  • It is the sole responsibility of the client to abide by any import restrictions, guidance and instructions from the relevant authorities that arise from neglecting to proceed as described in Clause 2.2 above, and the client will not hold the company liable in any instance whatsoever. Further, the client is liable for any resultant damages incurred by the company, while the company bears no liability for any such damages.
  • Payment can be made by TT transfer to the bank details on the invoice. It is the customer's responsibility to ensure that the correct name and invoice number are indicated on the transfer receipt. The company is not liable for any delays, expenses or damages caused by transfers sent under a name other than indicated on the invoice and/or a missing or incorrect invoice number.
  • Payment can be made in full or in instalments. Full payment must be made in no more than three instalments.
  • Once payment has been made by the customer and confirmed by the company, and the customer and the company both agree to the sale of the previously agreed upon vehicle, the customer will be notified by e-mail, or other means deemed appropriate by the company, that the contract has been initiated. Once the customer has made a remittance, the customer is deemed to have accepted and agreed to the terms and conditions, the CIF quote, and the vehicle indicated on the invoice.
  • To reserve a vehicle the customer must pay the company a deposit of 50% of the FOB.
  • The reservation of a vehicle lasts for 2 months from the date of the receipt of the first payment. If by the end of the 2 months reservation the customer has not fully paid for the vehicle, the deposit will be forfeit, and the vehicle will be made available again to other users.
  • Once full payment has been received, the company will notify the customer by e-mail, or any other means deemed appropriate by the company.
  • In the event that the customer wishes to change the order to a different vehicle, the customer must notify the company by e-mail clearly stating that they wish to cancel the current contract and enter a new one. In this event a penalty will apply. The penalty will be 10% of the FOB cost of the original vehicle. A new invoice will be issued and a new contract will be deemed to have begun. A new invoice will be issued and a new contract will be deemed to have begun.
  • In the event that the customer wishes to cancel the order, a penalty of 30% of the FOB price will be charged and any remaining money will be refunded. See Clause 5

Clause 3: Sourcing Contract

  • A sourcing contract is a contract entered between the company and the customer where by the company undertakes to source a used vehicle similar to that specified by the customer within an agreed timeframe, and for an agreed FOB price. The company and customer can agree to use sold or reserved stock as reference for a sourcing contract. It is understood by the client that they will not receive this reference vehicle.
  • The contract will begin once payment of 50% of the agreed FOB price has been received and notified as in Clause 2.4.
  • The company has the right to ask for more time to complete the contract. The company has the right to increase the FOB price of the contract. The company has the right to offer a vehicle other than that specified by the customer. The company has the right to cancel the contract at any time for any reason, and will not be liable for any damages caused by the cancellation of the order. In this event the customer will receive a full refund.
  • The customer has the right to reject any vehicle for any reason offered by the company prior to accepting (Clause 3.6) a vehicle. The customer has the right to cancel the contract at any time and for any reason prior to accepting (Clause 3.6) the vehicle. In this event the customer will receive a full refund.
  • If the customer accepts a vehicle, they must notify the company by e-mail within 5 working days of receiving the offer from the company.
  • Once a vehicle has been accepted the contract automatically becomes a purchase contract and Clause 2 applies.
  • In the event that the company can not supply a vehicle within the specified time, or for the agreed upon CIF, the company will not be liable for any losses or damages.

Clause 4: Forwarding and Shipping

  • The company will endeavour to ship the vehicle as soon as possible after full CIF payment has been received. If the customer wishes to delay shipment the customer must contact the company in writing before payment is completed.
  • Shipping will be by roll-on/ roll-off car transporter ship (hereinafter referred to as "ro-ro"), or by container ship depending on availability:
    • The Customer has the right to request shipment by ro-ro or by container. If available, the company will endeavour to meet the customer's request, but in the event that the customer's requested method of shipment is not available the company can not guarantee the method of shipment will meet the customer's request.
    • Unless otherwise indicated, the freight quotation given on the pro-forma invoice is for ro-ro.
    • In the event that there is limited availability of space for shipment by ro-ro, the company may request the customer to pay the extra cost of shipping by container. The customer may refuse this request, but recognizes that in doing so shipment may be delayed.
    • Whether the vehicle is shipped by ro-ro or container, the customer must pay all clearing charges at the destination port. The company is not liable for any extra expenses incurred at the destination port.
  • The shipping schedule provided on the pro-forma invoice is an estimate and is not binding.
  • All shipping schedules given, both before and after departure, are subject to change without notice for any reason including, but not exclusively, height restrictions aboard vessels, lack of availability of space aboard vessels, bad weather and mechanical problems. The customer accepts that the shipping schedule is set by the shipping company, which has no affiliation with the company, and the company has no control over the shipping schedule. The company will not be liable for any losses or damages incurred by delays in shipping or changes in schedule.
  • The company will notify and confirm to the customer the departure of the vessel with the customer's vehicle aboard only after receiving the original bill of lading from the shipping company.
  • After the vessel with the vehicle aboard has departed, and notification has been given to the customer, the company will send the necessary documentation to the address provided by the customer.
    • The customer must provide the company with a full address for delivery of the documents. The company will not be liable for any losses or damages caused by delays due to incorrect address, or a the customer not providing the full address when requested to do so by the company.
    • The company will send the original bill of lading, the commercial invoice and the export certificate to the indicated address courier service.
    • It is the sole responsibility of the customer to inform the company of any extra documentation required by the customer for the successful importation of the vehicle into the destination country or any countries through which the vehicle will be transported. The company will send the requested documents together with the other documents as described in Clause 4.6(ii).
    • In the event that the customer has not informed the company to send extra documents necessary for the successful importation of the vehicle, the company will not be liable for any losses or damages incurred by the customer.
  • The company will not be liable for any losses or damages incurred through the services of any third party, including, but not exclusively, the courier service, the shipping company or the customs clearance agent.
  • The company will not be liable for any charges incurred at the destination port, and the customer must pay all port clearance, customs clearance and any other charges at the destination port.

Clause 5: Insurance

  • Standard insurance as offered by the company covers the whole loss of the vehicle and generally does not cover damage to the vehicle or missing accessories. The customer accepts that the final arbiter on insurance payouts is the insurance company and not the company.
  • It is compulsory to take insurance for some destinations, and the company reserves the right to issue insurance even if the customer does not request it.

Clause 6: Refunds

  • All refunds will be in US dollars by TT transfer.
  • The customer must correctly complete a refund form, which will be e-mailed or faxed to the customer. The company will not be liable for any losses or damages caused by errors on the refund form.
  • The customer will bear all bank charges.
  • The transfer is deemed to have been completed when the company's bank has informed the company that the transfer has been completed. The company is not liable for any losses or damages incurred due to errors or dishonesty by any third party including, but not exclusively, the receiving bank, the intermediate bank and the remitting bank.