Terms and Container
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TERMS AND CONDITIONS - GENERAL

1. The Broker provides the platform for interested Automobile Buyers to Source, Bid and Buy New and Used vehicles from Major Auction Facilities in The United States of America and Canada. 

2.The Brokers  are authorized licensed Auto Dealers in America and Canada.

3. The Buyer has engaged the Broker as licensed Auto Dealers to bid and buy on his behalf vehicle(s) as described in the Purchase Order Form to be provided by the Broker or completed online through the Brokers Website address: 

www.importyourcar.ng

4. Parties to this Agreement agree that this Agreement may be conducted either in US Dollars or Naira.

5. Pursuant to Clause 3 above, the Buyer shall make a refundable deposit of $500 dollars or 10% of bid price whichever is higher as commitment fee. Where the Broker is unable to win the Bid on behalf of the Buyer or the Buyer reneges before a lot is won or committed to, the Commitment Fee shall be refunded less Administrative fee of 50 dollars or its equivalent in Naira. In the event of Default by the Buyer to consummate the bid (payment), the Buyer shall forfeit the Commitment fee.

6. For vehicles within the range of 0-$6000, the Buyer shall pay a brokerage Commission/fee of $300 flat. Vehicles above the cost price of $6000, shall attract a brokerage fee of 5% of the cost  price of the Vehicle.

7. Upon a successful bid by the Broker, the broker shall pursuant to the Buyers duly completed Purchase Order Form,  transmit to the Buyer vide electronic means the details of the bid including pictorial images for his  viewing and payment within 24 hours.

8. On the receipt of details and pictorial images, the Buyer shall indicate his/her acceptance of the bid in writing within 24 hours. The Buyer shall not be allowed to alter the Purchase Order once executed by Parties.

 

9.0 In the event where the Broker wins a bid on behalf of the Buyer subject to the Buyers purchase Order and upon communication of same in writing through Email or other recognized electronic modes of communication, the Buyer shall be deemed to have been adequately notified. The Buyer shall Mandatorily credit the Brokers account with the agreed cost of the vehicle which shall  include the Cost of the vehicle, Shipment , insurance (goods in transit), clearing of the vehicle at either Tin Can Or Apapa Ports, Nigeria (optional) bank charges and other Sundry charges/levies within 24 hours of Notification.

 

10. Failure by the Buyer to comply with Clause 8 above attracts a penalty of $50 dollars per day for a period of 3 days. If at the expiration of 3 days, the Buyer is unable to pay the agreed cost of the vehicle, the bid shall lapse, the vehicle relisted and the Buyer shall forfeit his commitment fee.

11. The Buyer agrees with Broker that the vehicle is on as is basis and the Broker is estopped from any liability and or warranty whatsoever for any defect on the vehicle. The Buyer may however, pay the sum of …. Dollars or its equivalent in Naira for pre bid information Report. The content of the said report shall form the basis of the bid and same shall be binding on Parties.

 

12. For Buyers that make ORDER TO SPECIFICATION, the Brokers liability shall be limited to missing parts(if any) in transit only.

 13. Upon the clearing of the vehicle from the port by the Broker (where applicable), the Buyer shall on Notification in writing by the Broker of the Clearance, take delivery of the Vehicle within 48hours Save and except the Buyer instructs the Broker to carry out value added services on the said vehicle which shall be duly paid for by the Buyer. 

14. The Broker shall ensure the carriage of the vehicle by a reputable shipping company to agreed destination. The Broker shall however not be liable for any delay in the arrival of the vehicle beyond the expected arrival date due to factors beyond the Brokers control.

 

15. This Terms and Conditions (together with the documents referred to herein) constitutes the entire agreement between the Broker and Buyers in connection with the subject matter .

16. The Broker shall be liable to the other party for any failure or delay in performing the terms and provisions of this Agreement if such performance is hindered or prevented, directly or indirectly by circumstances such as Acts of God, Typhoons, Floods, or other severe weather Conditions, Acts of War, Earthquakes, explosions, Fire etc. but only if and to the extent that such circumstance, despite the exercise of reasonable diligence, cannot be prevented, avoided or removed by such party.

17. Parties shall attempt in good faith to resolve all disputes arising in connection with the interpretation and application of this Agreement amicably. If such efforts failllll, either party may refer the matter to the Lagos State Multi Door Court for Arbitration. The Outcome of the Arbitral Proceedings shall be final and binding.

 
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