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Sales Terms & Conditions



1. Rules & Qualifications

    1.1 TMCL Auctions is only available to individual persons or organization registered as Member.

    1.2 Membership Registration

    1.2.1 An introduction or guarantee from other Japan Auction Houses or Japanese manufacturers or Japanese Traders conducting business in construction machine is required for the registration.

    1.2.2 Submit a membership application form by completing the required information which can be obtained from Turbo Motors Co. Ltd.,

    1.2.3 TMCL will inform applicants regarding the approval of their membership status via e-mail.

    1.2.4 Applicants, who's membership approved and whom have not done prior business with TMCL shall provide an advance deposit of five hundred thousand Japanese Yen (500,000) to TMCL as a security deposit.

    1.2.5 When the transfer of the deposit is confirmed, a Membership Registration will be provided with a unique registered number. A Membership ID and Password will provided to participate Auction Houses.

    1.3 All displayed prices on TMCL are in Japanese Yen. All transaction must be made in Japanese Yen.

    1.4 The advance security amount will be deducted from the machine charge in case of a successful bid. In the case that no successful bids are made the security deposit is retained to be used as a balance for Membership for future purchases from TMCL. Furthermore, TMCL can refund the security deposit (less the banking charges) on the depositor request us to do so via fax. If TMCL suffer a financial loss due to any violation of the rules concerning payment of balance by the Member, then, the amount of loss will be deducted from the security deposit. However, that the security amount does not represent any limit on the required compensation amount in case of such loss.

    1.5 TMCL reserves the right to revoke memberships at any time without prior notice for the following special reasons

    1.5.1 The contents of application are fraudulent or misguided.

    1.5.2 The existence of the applicant cannot be confirmed.

    1.5.3 The applicant is considered ineligible to TMCL or credibility cannot be determined.

    1.5.4 The applicant's business activity cannot be admitted into TMCL for other unspecified reasons.

    1.5.5 The applicant who is found to be members or affiliated with any criminal or antisocial groups.

    1.5.6 The applicant who is in Japanese domestic company without having (Goods Trading Permit License 古物商許可証) participation may be refused or any purchase contract may be invalidated.

    1.5.7 The applicant is considered as unqualified for membership in TMCL if found in illegal or lawless activities as per described by Japanese Law or International Law Commission. The name of the defaulter will be exposed on the homepages of TMCL.


2. The Procedure for Bidding Request

    2.1 Auction Bidding

    2.1.1 Member shall fill in a TMCL Tender Bid Form duly signed and stamped by authorized personal and fax it to TMCL prior to closing date and time as mentioned on TMCL web site.

    2.1.2 There is no limit for the number of bids during each auction time.

    2.1.3 Once a bid is placed, the tendered price will not be cancelled or reduced.

    2.1.4 The member who offers the highest price becomes the successful bidder.

    2.1.5 Duly stamped and signed bid form will be attached along with Proforma Invoice to the member when bid will be successful.

    2.1.6 If two people or more offer the same highest price, the successful member shall be determined by First In First Out (FIFO) basis.

    2.2 Auction Data Updation

    2.2.1 Visit the TMCL web site, key in Member ID and password to log-in and take part in the nominated auction houses.

    2.2.2 Check the auction listings, and quote your bids.

    2.2.3 Check stipulated closing date and time as mentioned for each equipment before participating in auction house.


3. Terms & Conditions of Payment

    3.1 Successful bidder should complete the payment within 5 Japan working days after receiving the confirmation letter of the successful bid and Proforma Invoice. For successful bid which is less than five hundred thousand Japanese Yen (JPY500,000), successful bidder will need to pay a successful bid fees of 10% per lot as per Japan Government Rules and Regulation.

    3.2 Only TT is accepted for the payment. The payment shall be made 100% as advance depends upon Proforma Invoice.

    3.3 If the payment of aforesaid Proforma Invoice is not made within 5 Japan working day after a confirmation letter is sent, members shall take one or two of the coming up actions as timely declare on TMCL web site.

    3.4 The payment shall be made 100% as advance through any regular bank or irrevocable LC (Letter of Credit ).

    3.5 This invoice will remain inforce after receipt of payment otherwise will be considered as null.

    3.6 Turbo Motors Co. Ltd., reserves right to cancel sales invoice.


4. Carry-out

    4.1 The ownership of the purchased equipment shall be transferred to the successful bidder when the full payment is confirmed by TMCL officially.

    4.2 Successful Bidder shall remove purchased equipment(s) within 2-weeks after the date of auction closing date. Successful bidders who delay in removing purchased equipment within time frame storage charges per unit per day will be charged.

    4.3 The successful bidder shall pay for the transportation, delivery, washing, FOB or CnF charge or/and others charges which will be applicable to unit accordingly.

    4.4 The successful bidder shall be liable for damages or losses caused by any reasons which may be incurred after the auction time schedule.

    4.5 The successful bidder shall be liable for necessary repairs (if any) when the purchased equipment is carried out, transported, delivered, or shipped at nominated port or destination point.


5. Cancellation

    5.1 When member deems delay of payment or as a cancellation, the successful bidder shall pay the penalty for breach of agreement, either JPY500,000 or 40% of the bid price of the subjected equipment (the higher price between them).

    5.2 When member deems TMCL as malicious, TMCL will cancel membership and security deposit will be forfeited. Member's name may be black listed publically.


6. Registration Documents and Change of Title

    6.1 For units with registration remaining (Or traffic numbers affixed) the registration should be changed and for evidence (a scanned copy of new registration certificate) must be presented to TMCL within 2 weeks of the auction close. (i.e, Evidence for change of registration or de-registration by local authority).

    6.2 Delay of registration by successful bidder additional charges as penalty fee will be applicable.


7. Export Control

It is the responsibility of the successful bidder (member) to take all necessary actions to comply with the import/export control laws and regulations of Japan and the destination countries and areas so that the purchased equipment shall not be used for the development and/or transportation of the mass destruction weapons or other international illegal purposes etc.


8. Warranty

    8.1 Every item is sold "AS IS WHERE IS" basis.

    8.2 The purpose of the condition report is just for reference. There is no guarantees to the condition of machines (including model-year, working hour, etc.)


9. Right to cancel any Bid and/or Contract

TMCL retain the right to cancel or acceptance of bid and/or contract without any prior notice.


10. Auction Yard Safety

The bidder acknowledges that the Auction Yard is a potentially dangerous place. Heavy equipment is being operated, factual dangerous materials may be present, electric circuits may be live and other life dangers may be present. Every person at the Auction Yard (and any other area where the property is located or displayed) shall be there at own risk. No person shall have any claim against TMCL and its partners and employees neither for any personal injury sustained or death nor for damages or loss of property that may occur from any causes whatsoever.


11. Governing Law and Alteration Rights

    11.1 The membership cannot be sublet or transferred to the third party.

    11.2 TMCL reserves right to suspend the participation in Auction Houses if found subletting agreement.

    11.3 TMCL may revise these rules from time to time as the need should arise and notified accordingly.

    11.4 Trade or social issues or problems that are not stipulated by agreement shall be resolved through discussions between TMCL and Members concerned for a compromise acceptable to all.

    11.5 These rules shall be constructed and governed by the Japanese law and Toyama District Court shall be the first trial court when any dispute should occur.

12. Contact Us

    12.1 If you have questions about our Sales Terms, please contact us.