Terms

• The term "TERRITORY" means Japan
• The term “ITEM” means new/used cars, new/used heavy machinery, new/used parts or spare parts and other products
• The term “LOGINET” means Loginet Co., Ltd. located at Tokyo-to, Ota-ku Higashi Kamata 2-29-11 Hosaka Bldg. 3F
• The term “WEBSITE” means Loginet Co., Ltd. Official WEBSITE http://logi-net.com.
• The term “CUSTOMER” means a person and/or company that has registered on our website.
• The term “TRANSACTION” means the sale and or purchase of the ITEM between LOGINET and CUSTOMER
• The term “EMAIL” means the CUSTOMER registered Email address on the LOGINET website and the LOGINET system.
• The term “BID” means to place a BID on an ITEM directly through the CUSTOMER account on the LOGINET WEBSITE.
• The term “DEPOSIT” means the money showing in a LOGINET CUSTOMER account on the WEBSITE after the words “Deposit”.
• The term “BALANCE” means the due balance of CUSTOMER to LOGINET.
• The term “INVOICE” means the invoice issued by LOGINET to CUSTOMER which is shown in the CUSTOMER account Balance section or, sent to the customer along with the car documents via DHL or EMS.
• The term “BRANCH” means one of the overseas branch offices of LOGINET. These branches are mentioned in the WEBSITE “Contact” section.
• The term ” PROFORMA” is a preliminary bill or estimated invoice which is used to request payment from the committed buyer for goods or services before they are supplied.

Privacy

• LOGINET receives and stores any information CUSTOMER enters on our WEBSITE or gives us in any other way.
• LOGINET will keep the stored information private but accessible to LOGINET personnel.

Communication

• The only official LOGINET channel of communication is EMAIL to [email protected]. Any other way of communication such as phone calls, SMS, text, personal emails to LOGINET personnel, chat, mobile phone application’s text or voice systems, and so on, are not official channels of communication and can not be used for claims to LOGINET.
• LOGINET is not responsible for failures in EMAIL communication due to network problems or service provider’s difficulties from the CUSTOMER side or LOGINET side.
• CUSTOMER should check EMAIL at all times and make sure to reply as fast as possible to LOGINET inquiries. Late replies may cause miscommunication for which LOGINET is not to be made liable.
• Each CUSTOMER has a salesperson in charge of their account. In case of any request, claim or emergency, the CUSTOMER should first contact [email protected]. If there is no reply, then the CUSTOMER should get in contact with the salesperson in charge of the account. If the salesperson in charge is not available either, the CUSTOMER should then email [email protected] in order for other sales personnel available or management to attend to the urgent matter. If CUSTOMER is shipping to a destination where we have a BRANCH, CUSTOMER may also contact the BRANCH directly in case there is no reply from [email protected] or in case of emergency.
• LOGINET is not to be held responsible for failure in the network or service provider difficulties that may cause WEBSITE to be unavailable for a certain period of time until the difficulties or failure are fixed.
• LOGINET will update our WEBSITE without previous notice in order to improve our services.

Deposit

• In order to participate in ITEM auctions or to order a stock purchase, it is necessary to have an adequate amount of DEPOSIT in the CUSTOMER account. The Minimum DEPOSIT amount with LOGINET is 100,000 JPY or 1,000 USD and this increases with the amount of CUSTOMER intended BID or type of ITEM. Please contact LOGINET in case of doubts about the correct amount of DEPOSIT. Refer to PRICE PLAN for more information.
• LOGINET can cancel your BID unilaterally in case it finds that the DEPOSIT is not enough to place a particular BID.
• If the CUSTOMER's DEPOSIT is inadequate in the account, automatically the system won't allow this CUSTOMER to BID. This is a non-negotiable condition and a basic rule of TRANSACTIONS with LOGINET
• No TT copy, no website screenshot, or any other document is enough to confirm a DEPOSIT. Only when the money has arrived in the LOGINET bank account and is uploaded to the CUSTOMER account, is it to be counted as DEPOSIT. If there is no DEPOSIT showing in the CUSTOMER account on our WEBSITE, it means there is no DEPOSIT.
• DEPOSIT can be refunded at all times. However, if the CUSTOMER has already placed BID(s) which still have not ended, already won an ITEM, has a due BALANCE, has a pending situation regarding payment and/or certain other specific topics that LOGINET may see as related, LOGINET can keep this DEPOSIT until the situation is resolved. In case of deposit refund, we will not bear bank charges.
• DEPOSIT allows you to have your account free of advertising, can see all pictures and place and lot numbers visible, but if there is no BALANCE activity in a period of 2 months, your account will be set as "inactive" which will show again advertisement, only the front picture, and no place and lot visible.

Due Balance, Payment, and Late Payment

• PRICE PLAN will be used to set due dates, partial payments, late fees and so on.
• No TT copy, no screenshot, or any other document is proof of payment. Only when actual money has arrived at the LOGINET bank account and it is reflected in the CUSTOMER account on LOGINET WEBSITE is it to be considered as received. This is not negotiable and is a basic rule to do TRANSACTIONS with LOGINET.
• Late Payment may involve extra charges or penalties. LOGINET is free to issue extra INVOICES to request payment of these charges or penalties.
• Late payment for a prolonged period of time can be the cause of unilateral CANCELATION by LOGINET with penalties for CUSTOMER.
• LOGINET will follow legal actions inside or outside the TERRITORY in case of prolonged due BALANCE.
• Paypal money transfers may be stopped, delayed, or canceled unilaterally by Paypal. All fees charged by Paypal will be paid by the CUSTOMER. In the case of Paypal transfers, the CUSTOMER must inform LOGINET by EMAIL that a transfer was made. LOGINET will confirm Paypal transfers only during accountancy working hours and may take some time to update depending on accountancy workload.
• Bank Telegraphic Transfers (TT) may be stopped, delayed, or canceled unilaterally by your bank or by the intermediary bank. All fees charged by your bank and by the intermediary bank will be paid by the CUSTOMER. In case of TT transfers, the CUSTOMER must inform LOGINET by EMAIL that a transfer was made. The CUSTOMER must inform of the name of the account transferring the money, as well as the exact amount transferred. It is recommended for the CUSTOMER to EMAIL a scanned copy of the TT transfer voucher or receipt.
• LOGINET only recognizes transfers made to its official Paypal addresses, or Bank accounts, all of them mentioned on the LOGINET WEBSITE. Any transfer made to any non-official Paypal address,or Bank account will not be recognized by LOGINET.
• Delayed payment (or delayed the issue of an L/C) causes extra costs and yard parking fees. LOGINET will charge these extra yard parking fees to the CUSTOMER.
• LOGINET will inform the CUSTOMER by EMAIL and other methods of the delayed payment. If after a prolonged period of time there was no payment, LOGINET can decide to re-sell the ITEM as its own.
• In the case in which a Letter of Credit (L/C) is used for payment, the CUSTOMER is requested to provide full details to make a Proforma Invoice on the same day the ITEM was purchased or in a period no longer than 24 hours. LOGINET will issue a Proforma Invoice and email it to the CUSTOMER. CUSTOMER is expected to open a Letter of Credit (L/C) as soon as possible, in a period no longer than 1 week from the date the Proforma Invoice was issued. LOGINET may reject or issue extra charges in case the Letter of Credit terms are different from the ones mentioned in the Proforma Invoice. If there is any discrepancy to be paid due to any difference in the terms or mistake at the CUSTOMER bank, this discrepancy fee will be deducted from the Letter of Credit amount at the time of arrival. The ITEM is not considered paid until the actual amount of money is transferred to the LOGINET account from the applicant's bank.

Bidding, Negotiation, Result

• The only official way to BID with LOGINET is to bid directly from the CUSTOMER account page “Auctions” section. Any other way of bidding such as phone calls, SMS, text, personal emails to LOGINET personnel, chat, mobile phone application’s text or voice systems, and so on, are not official methods to BID and cannot be used for claims to LOGINET.
• LOGINET personnel may try to assist CUSTOMER to place bids or late bids by non-official methods such as phone calls, SMS, text, and personal emails to LOGINET personnel, chat, mobile phone application’s text or voice systems, and so on. LOGINET will try its best to successfully place these BIDs, but it is not responsible for any mistake or misunderstanding. In these non-official methods, LOGINET is not responsible if the BID wasn’t able to be placed on time. In these cases LOGINET expects the CUSTOMER to be checking online and to contact LOGINET immediately if there is any mistake or misunderstanding. LOGINET is free to reject any of these non-official methods of bidding at any time.
• LOGINET will receive CUSTOMER maximum offer for an ITEM and BID on CUSTOMER behalf directly at the Auction House bidding system. LOGINET is not responsible in case of a failure at the Auction House bidding system, a failure with the network, or failure due to any event of force majeure.
• LOGINET will update the results of the auction to the CUSTOMER account as fast as possible. Depending on LOGINET capabilities or special situations, results and updates on results may take some time to show on the CUSTOMER page. These delays in result updates may take up to several hours after the auction is finished. In some cases, it may take until the next working day.
• If the CUSTOMER is not sure about the result of a particular BID, the CUSTOMER should contact LOGINET to confirm the result status.
• If the result shows “Lost” it means ITEM was won by a different bidder. “Unsold” means that the seller decided that the maximum offered amount was not enough and didn’t accept to sell. “Won” means the CUSTOMER has successfully won the auction of that particular ITEM. These results may change or be updated later by LOGINET. Refer to article 6.4.
• CUSTOMER can request v to apply to negotiate for ITEMs that ended “Unsold”. Depending on the time of the application the ITEM could be sold already.
• Once applied to negotiation, the application cannot be canceled. The CUSTOMER must have this in mind at the time of applying.
• LOGINET can decide to automatically negotiate some ITEMs which were unsold under the CUSTOMER maximum BID offer. However, LOGINET also may not negotiate automatically for unsold ITEMs depending on its capacity on a given day or depending on how the BIDs grouping is arranged.
• Negotiation results may take a long time depending on the Auction House and the seller. Sometimes depending on the seller's decision, the seller may not accept the negotiation application or reject it.
• Once a BID remaining time shows “End”, the BID cannot be modified. For any requested change after the remaining time shows “End”, LOGINET will try its best, but can not be held responsible for it. Also, once the remaining time shows “End”, the BID cannot be canceled. LOGINET can make its best effort to cancel, but can not be responsible.
• CUSTOMER must check their bidding list at all times. CUSTOMER must check for updates in the bidding list during the bidding day and also confirm any other updates on the day after the auction. LOGINET will always try its best to keep this bidding list updated but also requires the CUSTOMER cooperation to keep vigilance of its own results list.
• If more than one CUSTOMER is bidding for the same ITEM at LOGINET ,LOGINET will only place a BID for the highest BID (highest budget CUSTOMER). A message alerting of this situation ( “Important” ) will automatically show on the lower budget CUSTOMER’s bidding list. In some cases, due to the highest budget CUSTOMER grouping arrangement or sudden cancellation of the BID by this highest budget CUSTOMER, other CUSTOMER with a lower budget may end up winning the ITEM. CUSTOMER should be aware of this situation and make sure to inform LOGINET if they wish to cancel a BID in order to avoid this situation.
• Depending on the auction house, it may or may not be possible to place the exact BID as the one the CUSTOMER entered as the maximum BID on the WEBSITE. Therefore, LOGINET will do its best to not BID over the maximum BID amount. Nevertheless, LOGINET may overbid up to 30,000 JPY in some cases in order not to lose the auction or due to auction house rules or bidding conditions which makes it impossible to avoid overbidding. CUSTOMER agrees to accept overbids of up to 30,000 JPY. This is non-negotiable and the CUSTOMER should be aware at the time of placing a BID.
• If there is any point on the inspection sheet which the CUSTOMER has doubts or questions about, the CUSTOMER should contact LOGINET before placing a BID. LOGINET is not responsible for mistakes or misunderstandings made by the CUSTOMER upon reading an ITEM inspection sheet.
• In the case that LOGINET purchases more cars than the CUSTOMER specified in a group, it is agreed that the CUSTOMER will take the first car purchased and LOGINET will take the subsequent cars purchased.
• Our system provides the “first registration in Japan” year which is the same as indicated in the Export Certificate of the ITEM. There is no information on the WEBSITE regarding the exact manufactured year or month of an ITEM. We provide an online reference system, but in order to make fully sure of an exact manufactured year, the CUSTOMER should contact the sales department for confirmation.
• LOGINET does not provide originals or copies of any private document from its service and product providers. This makes reference to the auction house’s invoices, transportation company's invoices, shipping company's invoices, and so on.

Shipping, BL, and other documentation

• Only ITEMs with the export certificate ready and full payment completed can be booked for shipping. If the export certificate is not ready and/or full payment is not completed, LOGINET will not confirm the booking for that ITEM. This is not negotiable and a basic condition for TRANSACTIONs with LOGINET.
• LOGINET will send a BL (Bill of Lading) and EC (Export Certificate) to the CUSTOMER directly by express mail. LOGINET is responsible to send these documents before the vessel arrival, but depending on certain conditions such as holidays, shipping company delays, an event of force majeure, and so on, sometimes documents may arrive after the vessel arrival. The CUSTOMER is to keep track of this on the CUSTOMER page and contact LOGINET in case of any potential delay. In the case of a Letter of Credit (L/C), all documentation will be sent directly to the applicant bank. Only EC will be sent separately.
• LOGINET is not responsible in case the company transporting this original documentation loses the documents or if there is any delay with them. LOGINET will help as much as possible in these situations, but it is not to be held responsible.
• LOGINET can assist to get insurance for ITEMs, but it is not to be responsible for any damage or theft of any kind. LOGINET can provide, at a request, a list of the insurance company coverage information. Any claim regarding insurance should be made directly to the insurance company.
• CUSTOMER is responsible for requesting the application of an ITEM’s insurance. A type “full cover” and C type “from port to port”. Application date is very important, LOGINET recommends customers request an insurance application from the date of purchase. Insurance cannot be applied for after damage has occurred. In the case of Letter of Credit (L/C), the insurance will be applied by LOGINET only when the original Letter of Credit (L/C) has arrived in LOGINET. Coverage starts on the date of application.
• Insurance Certificate and INVOICE will be available online at the CUSTOMER’s account for download and the CUSTOMER is responsible to keep track of it.
• In the case in which the payment method is a Letter of Credit (L/C), the booking will be arranged upon arrival of the original Letter of Credit to LOGINET.

Representation and general responsibilities

• LOGINET is the service provider between CUSTOMER and all the related companies working to provide ITEMs to CUSTOMER. These related companies include auction houses, dealerships, stores, transportation companies, customs agents, shipping companies, insurance companies, and other related organizations. All of these companies are responsible for each of their procedures and LOGINET is not to take responsibility for any of their failures.
• LOGINET is a service provider in charge of representing the CUSTOMER from the point of purchase to the point of delivery. The CUSTOMER is to take full responsibility for the ITEM during this process.

Cancelation

• LOGINET doesn’t accept cancellations. There are some special situations where we can accept cancellation requests or unilaterally cancel an ITEM.
• If an ITEM hasn’t been paid in full for a prolonged period of time, LOGINET can unilaterally cancel the ITEM .LOGINET will keep the DEPOSIT on that ITEM and/or any other DEPOSIT or paid ITEM on the Japan side for the same account; any other payment made on that ITEM. LOGINET will calculate the loss on the canceled ITEM and use these previously mentioned assets to pay for this loss. LOGINET will contact the CUSTOMER before this procedure looking for a resolution with the CUSTOMER, but if there is no successful resolution or the CUSTOMER does not reply by EMAIL, LOGINET is free to proceed to unilaterally cancel the ITEM.
• If the CUSTOMER cannot pay for the ITEM due to an unexpected situation such as a change of regulation, financial catastrophe, or personal matters, LOGINET may accept the cancellation of an ITEM. The fees for canceling an ITEM and other costs will be determined by LOGINET.
• If the CUSTOMER noticed that they won a car that they didn’t want, and noticed it just after the auction finished, cancellation on the same day for a "won" car at the auctions is possible in some cases. This is possible only if requested within 1 hour after the end of the auction. Fees will be established by LOGINET. Time depends on the auction house rules and if too late there is no way to cancel at the auction house and the ITEM is "won" by the CUSTOMER. The CUSTOMER then has to request a cancellation by reselling at the auction house or any other method that LOGINET may recommend.
• Cars outside of Live auctions such as tender auctions, whole sale purchases cannot be cancelled

Car condition

• LOGINET is not responsible for the car's condition. LOGINET can only provide a translation of the inspection sheet from the auction house, a translation of the ITEM condition as mentioned by the dealer or seller, and/or a translation of the full description of the second inspection requested at the auction house.
• LOGINET provides pictures and inspection sheets of ITEMs when available. Sometimes due to the Auction house or dealership's convenience, LOGINET cannot get this information and can not provide it to the CUSTOMER. If the CUSTOMER cannot find this information on LOGINETWEBSITE or sees any mistake or potential mistake in the data provided at LOGINETWEBSITE, the CUSTOMER should contact LOGINET immediately in order for LOGINET to check and update the ITEM information.
• CUSTOMER should not BID on any ITEM if there is any doubt or not sure of the car's condition. The CUSTOMER is fully responsible for having checked the car's condition before placing a BID on any ITEM. Only after making sure the received information is enough for the CUSTOMER to take the responsibility of bidding, the CUSTOMER is expected to be ready to place a BID at LOGINET WEBSITE.
• LOGINET is only responsible for the information mentioned in the remarks on the LOGINET WEBSITE, including the translation of the inspection sheet written in the CUSTOMER account. Any information provided by any other way of communication such as phone calls, SMS, text, personal emails to LOGINET personnel, chat, mobile phone application’s text or voice systems, and so on, are not official channels of communication and can not be used for claims to LOGINET
• CUSTOMER is fully responsible to check car condition requirements at the port of destination, as well as the law involving importing an ITEM at the country of destination. LOGINET is not responsible for the importing processor for checking if the ITEM complies with the import regulations at the destination. LOGINET is not responsible for any change in the import destination regulation.
• ITEMs' real manufactured year should be checked by the CUSTOMER. LOGINET can assist with the search but ultimately CUSTOMER is responsible for the final decision on whether to place the BID or not.
• LOGINET is not responsible if the ITEM stops working or suddenly has a failure.LOGINET is not responsible also if the ITEM fails to pass any export regulation established by the TERRITORY customs agency such as radiation limits or others.
• LOGINET can arrange an ITEM to be repaired in order to be able to be exported, but all extra costs involving this procedure are to be charged to the CUSTOMER in full.

Branches

• A BRANCH’s CUSTOMER agrees to the same Terms and Conditions of Use mentioned in this document. Nevertheless, special extra conditions and/or special terms which offer wider protection to the CUSTOMER and which involve direct responsibility of the BRANCH is to be explained by the BRANCH in a separate document.

Copyright

• All content included in or made available through LOGINET, such as text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations is the property of LOGINETor its content suppliers and protected by TERRITORY and international copyright laws.

Governing Law

• All disputes, claims, and/or other matters regarding TRANSACTIONs are to be ruled by Japanese Law and only under the Tokyo City Court.

Terms and Conditions Updates

• It is CUSTOMERS' responsibility to periodically check LOGINET WEBSITE for amendments to these Terms and Conditions of Use
• LOGINET will post on its WEBSITE every time there is an amendment to this Terms and Conditions of Use.
• Certain exceptions may apply to TRANSACTIONS that are already in progress at the time of making a change to these Terms and Conditions of Use.

Proforma Invoices

• Once a car is purchased, LOGINET will issue a PROFORMA invoice. As explained in the TERMS section, PROFORMAS do not hold any legal responsibility and are only issued, to collect the payment from CUSTOMERS. In many ways, a PROFORMA is closer to a quote or estimate than an invoice. This is because customers aren’t required to pay the amount listed on the PROFORMA, the total amount due isn’t recorded under the customer’s accounts payable or your accounts receivable, and you can’t use a proforma to reclaim VAT and or, use it as a document to declare the ITEMS value purchased at LOGINET upon arrival at the port of arrival. It is prohibited for CUSTOMERS to use PROFORMA invoices, to declare the value of the goods they have purchased at LOGINET when they import the ITEMS.

Commercial Invoice

• This invoice will be either sent to the customer along with car documents or uploaded to the LOGINET platform. This invoice is the only document legally valid for accounting purposes, declaring the value of the purchased ITEMS at LOGINET, or any other legally involved act, where the purchased ITEM, the EXPORTER, etc must be disclosed to the authorities.

Finance. Required Documents

• The following documents will be required only once, unless any change is made. For instance, Client Company name change, OWNER/CEO address change etc. It is CUSTOMER responsibility to inform LOGINETCo.Ltd. when any change was made.
  •  Client Company Registration/incorporation documents.
  •  CEO, OWNER ID/Driving License.
  •  Other, if required by Loginet., Co. Ltd.
• Documents must be sent to [email protected]