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Terms And Conditions For Purchase Orders
1. Interpretation
The purchaser
means the purchaser named on the reverse of this document.
The seller means the seller
of the goods specified on the reverse of this document.
Agent means CARizma International.
Goods means the goods specified
on the reverse of this document.
Order means the order of the
goods constituted by this purchase order.
2. General
The acceptance of this order by the agent includes
acceptance of terms and conditions as the sole basis of the
sale with the exclusion of any conditions of sale appearing
on any document of the seller. Modification of these conditions
expressed in any document of the seller shall not apply to
this order unless expressly accepted in writing by the purchase.
3. Alterations
No changes to this order shall be made without
written agreement of the parties.
4. Warranties
The goods shall be fit for the purpose for which
goods of the same kind are commonly supplied and any other
purpose made known to the seller be of merchantable quality
to be free from defect in material and workmanship.
5. Responsibility
The goods are at the purchasers risk from date
of purchase with full insurance to be covered by CARizma International.
6. Payment of Other Expenses
The agent on behalf of the purchaser pays all
and any import duties, sales taxes, gross receipts, value
added for property of either taxes or duties of any kind whatsoever
assessed upon or relating in any way to the goods ordered
by the purchaser irrespective of the person, nation, state
or authority requiring payment thereof.
7. Exclusion Of Negligence
Neither the seller or the agent shall be liable
to the purchaser in contract or tort arising out of or in
connection with or relating to the performance of the goods
or any breach of these conditions or any fact matter or thing
relating to the goods or error (whether negligent or a breach
of contract or not) in information supplies to the purchaser
before or after the date of the purchaser's use of the goods.
8. Title
Title of the goods free of encumbrances and
all other adverse interest shall pass to the purchaser upon
date of purchase.
9. Exclusion Implied Terms
All warranties, terms and conditions in relation
to the state quality fitness of the goods and of every other
kind whether implied by use, statute or otherwise are hereby
excluded insofar as such exclusion is permitted by statute.
10. Exclusion of Representation and Arrangements
These terms and conditions exclude all prior
and other discussions, representations (contractual or otherwise)
and arrangements relating to the supply of the goods including,
but without limiting the generality of the foregoing, those
relating to the performance of the goods or any part thereof
or the results that ought to be expected from using the product.
11. Force Majeure
If by reason of any fact, circumstance or other
matter or thing beyond the reasonable control of the seller
or the agent, the seller is unable to perform in whole or
in part its obligations under any subsequent contract the
seller shall be relieved of that obligation to the extent
for the period that it is so unable to perform and shall not
be liable to the purchaser with respect to such inability.
12. Manufacturer
The purchaser acknowledges that neither the
seller nor the agent is the manufacturer of the goods and
the purchaser shall not hold out the seller or the agent to
the public as the manufacturer of the goods.
13. Relationship Between Purchaser and Agent
The purchaser acknowledges that the agent is
acting solely in his capacity as agent for the seller and
that by signing this purchase order the purchaser is making
an offer directly to the seller for the purchase of the goods.
14. Indemnity
The purchaser agrees not to make any claim against
the agent in relation to any defects or problems concerning
the goods to be supplied and will indemnify the agent in respect
of an such claims.
15. Deposits
A 10% deposit based on total cost of importing
the particular vehicle must be deposited with CARizma. This
deposit is refunded if an order is cancelled before the vehicle
has been purchased from Japan. Once the particular vehicle
has been purchased from Japan the deposit is no longer fully
refundable and is forfeited if the order is cancelled from
this time onwards.
I the undersigned agree and understand all the
terms and conditions set out in the above contract.
Full name of purchaser:
Signature of Purchaser:
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