ALGYS AUTOS IMPORTS Ltd.
Terms and Conditions of the Import Scheme
Registered Company No: HE 279846
1.) “We” (and related expressions like “us” and “ours”) refer to Algys Autos Imports Ltd
2.) “You” (and related expressions like “your”) refers to you the customer who has approached Algys Autos Imports Ltd. for the purposes of purchasing a vehicle using our Import services.
3.) Through our email system you have access to car auction listings (and other places of sale) information which include: specification and an independant auction report of all cars offered for sale through Japan’s auctions, pictures of the cars offered for sale, estimated auction price data on the road (OTR) UK, details of car specifications and the commission fee (£350) payable prior to bidding or inspection on your behalf.
4.) The commission fee is £350 per vehicle payable to Algys Auto Imports Ltd. The fee is refundable at any time, until you are successful in winning a bid at auction (or other place of sale). If you are successful at winning a bid at auction (or other requested place of purchase) the payment becomes the £350 agency commission fee for Algys Autos Imports Ltd. services.
5.) On confirmation of receipt of the £350 fee, you are able to bid and request we inspect vehicles at all Japan’s auctions. If you decide to enter a bid for a car you must convey to us in writing, by email, your maximum OTR UK bid, the vehicle lot number and a brief description. If when we inspect the vehicle at the auction it is in our opinion mechanically flawed or in any other way unsuitable for purchase, we reserve the right to refuse your bid at our discretion.
6.) If your bid is successful, you will have to transfer the auction cost of the vehicle and FOB costs to our UK Bank account within 5 days of receipt of our invoice. Payment is either on-line, via Chaps, Bacs or a cheque. If your bid is unsuccessful you can either bid on further cars until you have a successful bid or have your fee refunded. (Please note if you paid via Paypal the administration fee imposed by Paypal will be deducted)
7.) We will confirm your successful bid by sending you a confirmation email with all the vehicle details as well as the converted fob price of the car in sterling. (Fob is the term used to include the purchase of the car, vehicle documentation, transportation to the export docks and all associated fees). Details will include estimated UK OTR price including all taxes and duties, Mot / Iva preparation, mot and Sva test (subject to pass)*, 6 months UK road tax and number plates. The commission fee of £350 is NOT included in the overall estimated OTR Price. The freight fees, UK duties and subsequest conformaty testing costs are estimated by us using sound knowledge. We can not in any way be held responsible for fees if theyin any way differ from the estimated ones supplied to you. They are lawfully payable to UK agencies and paid by you at cost prices.
8.) We will only be responsible for the vehicle as specified by you in our email correspondence. Please ensure that the vehicle you are requesting and pricing details are correct, as they will form the basis of the transaction in which you will be entering.
9.) Once the auction bid has been accepted, the bid is a legally binding contract between you and us.
10.) The estimated final price stated on the estimated fees document will include calculated import duty, import VAT, and shipment of the vehicle to the UK mainland (Bristol or other pre agreed port), MOT, first registration fee, road tax, number plates, IVA test and renting of model report if applicable.. Any compliance work will also be estimated, please note however that we cannot be held responsible for variable costs incurred due to MOT failure, repairs or changes in legislation that would require further expense to legally register the vehicle.
11.) Payment for the car purchase price in Japan is due strictly within 3 days – Unless otherwise agreed and notified. Failure to pay under these terms will result in storage charges of £10 per day to cover the storage charges accruing in Japan. After 30 days from the notification purchase date, the daily charge increases to £15 per calendar day until payment is made. (See Note 14 below)
12.) Invoice “2” is payable as soon as the car has landed in UK. This invoice is payable in £ sterling and covers the shipping agent charges for customs clearance and terminal handling, freight costs, import duty and VAT. The vehicle cannot be released from the port until this invoice is paid. Failure to pay may result in demurrage and administration charges from the port authority charged on a daily basis which are your liability should they result from your failure to pay the invoice. This payment is to be made to Penguin Shipping Ltd and NOT Algys Autos Ltd. These details will be supplied in advance.
13.) Invoice “3” is payable in £ sterling upon completion of all necessary compliance work, IVA testing, renting of model report, MOT testing and any work required to pass the MOT should a re-test be required. Hallen Import Specialists (HIS) will email you a copy invoice and send you all details for collection and payment of the vehicle. This payment is to be made to HIS and NOT Algys Autos Imports Ltd.
14.) If you do not pay the amount owed to us for the purchase price of the car in Japan on its due date, we will give you written notice of non – payment. If you do not pay this amount within 7 days of this notice, we will be entitled to terminate this agreement. We will be entitled to sell the vehicle to recover our losses. You will not be entitled to a refund of your deposit. We reserve the right to seek any and all losses caused by clients bidding and subsequently declining payment of this invoice. Further, in all cases, title is not deemed to have passed to client until all payments due have been made in full.
15.) The vehicle delivery involves shipping of the vehicle from Japan to the UK port using an experienced and reputable shipping company; we therefore cannot accept responsibility for late deliveries. We will not be liable for economic loss, including any loss of bargain and additional costs of purchasing an alternative car, nor for the cost of alternative transport you may incur between the date of placing the order and the final delivery, even in cases where the delivery date has changed. Delays in delivery are no reason for cancellation.
16.) We will not be held in any way responsible for any damage or theft caused whilst the vehicle is in transit. Responsibility rests entirely with you to request further cover if required for complete peace of mind. Please contact us to arrange this cover with the shipping company.
17.) Every effort is made to physically inspect each vehicle or obtain an honest assesment of the vehicle's condition both mechanical and cosmetic. We cannot be held responsible to pay for any repairs eiher cosmetic or mechanical to make the car roadworthy or otherwise to any standard that you require. The vehicles are supplied with trade terms and buyers enter into the purchase contract with Algys Autos Imports Ltd knowing that we cannot be held accountable or responsible for any repairs that the vehicle may require however suffered.
18.) HIS will arrange documentation to register the car in the name and address that you have supplied to them If you require HIS to register on your behalf you agree to provide a valid certificate of insurance based on the chassis number of the car and any other documentation required by the DVLA at point of registration. If you request that HIS register the car for this can be done for you at an additional cost of £ 50 + VAT payable before collection.
19.) We take every effort in ensuring that the information presented on the website, in our emails and any other communication is correct and accurate. However we are dependent for this information on third parties and as such cannot assume responsibility for any errors and or omissions.
20) We will not be responsible for the legal consequences of you entering into contracts with third parties and we do not accept liability for any loss, damage or costs.
21.) We will not be liable for any changes in legislation (including but not limited to DVLA regulations, SVA and ESVA changes) after the point of purchase.
22.) If any clause herein described is later deemed unenforceable, the contractual terms will apply as if the latter had been omitted.
23.) This contract is governed by English law and is subject to the jurisdiction of the English courts
24) Algys Autos Imports Ltd is by no means responsible for the conduct or service given by Penguin Shipping, HIS, DVLA (UK) or any other 3rd party that we have no direct control over.
Algys Autos Imports Ltd