JIMEX GLOBAL WARRANTY (hereinafter referred to as "JGW") is provided by JIMEX Co., Ltd. to the buyers for the protection of the purchased vehicles against specific loss and/or damages of accidental and external cause which may occur during the overseas transportation period to the mutually agreed delivery point between JIMEX and the buyers. This service provides coverages for the transportation period only,and under no circumstances will JIMEX provide any coverages after delivery of the purchased vehicles.
*Any and all " JIMEX " below signify JIMEX Co., Ltd. with head office in Yokohama city, Kanagawa prefecture, Japan.
**Any and all "Buyer" below signify a buyer, who directly negotiates the purchase of the vehicle from JIMEX.
1. Coverage of JGW
JGW shall cover the specified loss and/or damage of the following. Buyer shall be deemed to have understood and agreed that not all loss and/or damage is to be covered by JGW, and the possibility of not all damages, and/or malfunctions of the vehicle are fully photographed, inspected, and recorded before shipment. Buyers shall also be deemed to have understood and agreed that the purchased vehicle is a USED VEHICLE and must not expect the standard quality of brand new vehicles.
1.1 Loss and/or Damage covered by JGW
JGW is to only cover the following loss and/or damage as specified. Any reimbursement or compensation to be made by the JGW will have a deductible applied according to 1.3.
- a) Loss and/or Damage of the vehicle resulting from accidental and external cause during the Guaranteed Transport Period except as excluded under the provision of the following 1.2.
- b) Theft, Pilferage, and/or Non Delivery of the vehicle itself, parts and/or accessories during the Guaranteed Transportation Period.
- c) Breakage, Bending, and/or Dent of the vehicle resulting from accidents of external cause during the Guaranteed Transportation Period, but excluding scratch and chipping.
- d) Mechanical breakdown and/or malfunction of the vehicle resulting from accidents of external cause damage during the Guaranteed Transportation Period with a limit of JPY 500,000 per vehicle or equivalent in other currencies.
- e) Loss and/or Damage of the vehicle resulting from war and strikes during the Guaranteed Transportation Period.
1.2 Loss and/or damage excluded from JGW
Any loss and/or damage specified below shall be excluded from the coverage of JGW.
- a) Any damage or missing parts, and/or malfunctions of the vehicle which is disclosed to the Buyer prior to the shipment, or is deemed to have occurred prior to the purchase of the vehicle by JIMEX at the Japanese auctions and shipment.
- b) Any loss and/or damages attributed to acts of government or governmental authorities, compliance with law, regulations or orders.
- c) Breakdown of any EXPENDABLE parts and/or items of the Engine, Transmission and/or Electrical Components as specified in Exhibit A.
- d) Loss, damage and/or expenses caused by inherent vice or nature of the vehicle.
- e) Loss, damage and/or expenses caused by rust, oxidation, and/or discoloration.
- f) Loss, damage and/or expenses caused by delay, even though the delay has been caused by a risk covered by this service.
- g) Deliberate damage to, or deliberate destruction of the vehicle or any part thereof by the wrongful act of any person or persons.
- h) Loss, damage and/or expense directly or indirectly caused by or arising from the use of any weapon or device employing atomic or nuclear fission and/or fusion or any other like reaction or radioactive force or matter.
- i) Loss, damage, or expenses which are intentionally made by a third-party (excluding theft and pilferage).
- j) Loss, damage, or expenses caused directly or indirectly by earthquake, volcanic eruption and/or accidents (including tidal waves and fire) arising therefrom.
- k) Loss of life or personal injury of any person whomsoever, or for damage to any third party whatsoever.
- l) Any expenses incurred by the customer during vehicle trouble, including hotel fees and loaner car fees.
- m) Loss, damage, or expenses attributed to recall from the manufacturer of the vehicle.
A deductible of JPY 30,000 (or equivalent in other currencies) is to be applied to any one occurrence of loss and/or damage which is to be covered by JGW.
1.4 Evaluation and Verification of the Loss and/or Damage
Buyers are deemed to have understood and agreed that any and all evaluation, verification and determination if the accidents, losses, and/or damages are subject to JGW will be conducted under the sole discretion of JIMEX. Depending on the circumstances of the issue, JIMEX may review the issue for solutions through discussions with a designated insurance company appointed by JIMEX, which may or
may not result in compensation by JIMEX, however under no circumstances shall any insurance coverage be directly provided to Buyers.
1.5 Total Loss of the vehicle
Total Loss of the vehicle shall only be compensated if the accident is attributed to the following specified issue, with JIMEX's approval that the vehicle is not repairable and is a total loss. Total Loss will be compensated by reimbursement of the full FOB price of the original vehicle, or by offer of a replacement vehicle with similar performance and price range.
- a) Fire or explosion
- b) Vessel or craft being stranded, grounded, sunk, or capsized
- c) Overturning or derailment of land conveyance or the vehicle itself
- d) Collision or contact of vessel craft or conveyance with any external object other than water
- e) Discharge of the vehicle at a port of distress
- f) Jettison
- g) Theft, Pilferage, or non-delivery of the vehicle itself Under no circumstances shall any situation outside the aforementioned cases be covered by JGW.
1.6 Missing parts and items
Missing parts or items shall be compensated by a) direct reimbursement of cash, b) replacement by substitute parts and/or items, or c) by discounting the equivalent amount from the next shipment, with the method to be taken determined under the sole discretion of JIMEX. Reimbursement by cash for missing parts and item is to be made in accordance to the market average prices as well as the determination of JIMEX. If compensation of JGW is to be made by replacement of substitute parts and/or items, substitute parts or items provided by JIMEX shall be the used parts or items with similar performance and price range of the original parts and/or items, that are easily obtainable either in Japan or in the local location of where the replacement is to be conducted, and in the case of absence of any available used parts or items, direct reimbursement is to be offered to the buyer according to the amounts arranged by JIMEX.
1.7 Loss and/or damage which are repairable or replaceable
1.7.1 Vehicle with loss, damage, mechanical breakdown, and/or malfunctions is to be verified and determined whether the issue is subject to JGW under the sole discretion of JIMEX. If the vehicle is deemed repairable, Buyers are obligated to submit a written or typed repair and replacement quote made by a professional technician prior to the commencement of the actual repair or replacement to JIMEX for evaluation. Upon confirmation that the said repair or replacement is subject to JGW, Buyers must submit the final invoice of repair costs to JIMEX. Under no circumstances, JIMEX will not compensate the repair and/or replacement cost which exceeds the original FOB price of the vehicle. In case the repair cost exceeds the original FOB price of the vehicle, an alternative solution may be determined and offered to the Buyer by
JIMEX. Any expenses incurred by repairs, replacement, and/or diagnosis conducted without prior approval from JIMEX will not be compensated under JGW.
1.7.2 The repair methods, materials to be used, methods taken (including transportation and logistics) to acquire the substitute materials, and the cost of the repair shall be reviewed and determined only under the sole discretion of JIMEX if it is proper and reasonable for the said repair. If JIMEX deems that the methods to be taken or cost are unacceptable for the said repair from a rational and reasonable point of view, any coverage to be provided may be declined by JIMEX.
2. Guaranteed Transportation Period
The Guarantee Transportation Period defines the transportation period which the losses and/or damages which have occurred within the said period are subject to the JGW. Any loss and/or damage which have, or deemed to have occurred before and/or after the Guaranteed Transportation Period will not be subject to the JGW. The Guarantee Transportation Period shall start when the vehicle is loaded onto the overseas vessel in Japan, continue throughout the overseas voyage, and end at the earliest timing of the following: a) when the vehicle is received by the Buyer at the port of unloading or any other intermediate storage point, b) the expiry of 30 days after the vehicle is delivered to the motor pool at the port of unloading or any other storage point (incase multiple storage points are to be used during the course of transportation, the time limit of 30 days shall be applied to the total sum of the storage period of all the locations). The Guaranteed Transportation Period shall also terminate at: c) upon completion of transport at any other warehouse or place of storage, whether prior to or at the destination named in the purchase contract, Bill of Lading or any other documents exchanged between JIMEX and the Buyers, which JIMEX, their agents, and/or the Buyers elect to use for any other purposes than intermediate storage which is deemed to resume to the course of transit, or d) when JIMEX, their agents, and/or the Buyers elect to use any carrying vehicle or other conveyance or any container for storage other than in the ordinary course of transit.
3. Claim Procedures and Reporting Deadline
3.1 Buyers are deemed to have understood and agreed that it is mandatory for Buyer to turn in all of the followings, regardless the reason, in order for the Buyer to receive the compensation of JGW: a) photos of received vehicle, clearly showing the condition of the loss, damage, breakdown, malfunctions and/or missing parts from multiple angles, b) the Damaged Report with complete and detailed information requested, of which the form must be downloaded from JIMEX's on-line point of sale, c) written or typed "repair quote" estimated by a professional technician, and d) any other documents for verification which JIMEX may request. Buyers may be requested to have damage surveys conducted on the vehicles by a third party surveyor appointed by JIMEX if deemed necessary.
3.2 Buyers are obligated to check for, and report any loss and/or damage within 7 (Seven) business days from the initial date of receiving the vehicle. Any claims of losses, damages, breakdowns, and malfunctions arising or identified beyond the aforementioned deadline shall not be subject to JGW, regardless of the reason, and Buyer's claim shall become null and void.
4.1 Any and all matters beyond JGW issues shall be subject to the terms and conditions set forth therein the Vehicle Purchase Agreement or any other related terms and conditions exchanged between JGW and the Buyer.
4.2 These Terms and Conditions and all disputes under these Terms and Conditions shall be governed by, and all rights and obligations hereunder shall be construed in accordance with, the internal laws of Japan, without regard to principles of conflicts of laws. All disputes arising out of this Terms and Conditions shall be subject to the exclusive jurisdiction of the Tokyo District Court.
Exhibit A Expendable parts and/or items of the Engine, Transmission and/or Electrical Components excluded from JGW
- a) Any break down attributed to loss of fluids, without external damage during the Guaranteed Period (including but not limited to gasoline, oil, transmission fluid, brake fluid, power steering fluid, and radiator coolant)
- b) Tires
- c) Breaks (including but not limited to Pad, Rotor, Shoe, and Drum)
- d) Belts (including but not limited to Fan, A/C, and Power Steering Belt)
- e) Batteries
- f) Filters (including but not limited to Oil, Fuel, Air, and A/C)
- g) Fuse, Coil, Plugs
- h) Decay and Deterioration of rubber parts (including but not limited to packings, seals and window wiper blades)
Please note these Terms and Conditions are subject to change at any time at the sole discretion of JIMEX.