ALGY’S AUTOS IMPORTS Ltd.
Terms and Conditions of the Import Scheme
Registered Company No: 09190399 Vat Reg No: 220006287
1.) “We” (and related expressions like “us” and “ours”) refer to Algys Autos Imports Ltd. Algys Autos is an Import / Supply Company and act as Agents Only, not a garage, acting upon the instructions of the customer.
2.) “You” (and related expressions like “your”) refers to you the customer who has approached Algys Autos Imports Ltd. for the purposes of purchasing, assisting in the purchase, importation and / or UK registration of a motor vehicle using our Import services. We shall be employed by you as Agent Only for this purpose. The vehicles are purchased, imported or processed on your instruction & on your behalf by us and never becomes the property of Algys Autos. This is regardless of the payment of funds to us for payment as trustee on your behalf, or any documentation in our name, there is never a transference of property ownership; the property always remains that of the customer. (A fiduciary Relationship).
The Services that we Offer:
3.) You are welcome to use our Agent Services, this generally falls into 4 categories:
- a) You instruct us to source, locate and process a vehicle from a Japan Auction. (Proceed to para 4 – 12 ).
- b) You have identified a vehicle in Japan (or other foreign location) not at auction. (proceed to para 13 ).
- c) You have purchased, or in the process of purchasing a vehicle that you have sourced yourself. (proceed to para 14 ).
- d) You are a resident of a country outside of the UK and wish to import your vehicle to the UK. (proceed to para 15).
4.) We shall search and locate vehicles fitting your specification requirements. Send you details and translations as appropriate together with a well-informed estimate of the final OTR UK (On The Road Registered) price. If the vehicle is at auction, we will calculate the bid according to your submitted OTR Reg price. The Japan bidding policy is to allow a 5% rise in the biding if it is considered to be close to securing the car. The OTR price is always a well-informed estimate and never a quote and can never be 100% precise as many exterior factors have influence. These factors are, but not limited to; further delivery charge due to purchase location, Freight rate increases, Foreign Exchange (FX) rate increases. Generally, the vehicles are supplied OTR UK reg under the specified customer’s bid but it can, on occasion, be more. We accept no liability for additional price over the estimated OTR UK Reg. Payment for the vehicle including all associated fees to deliver the vehicle to point of UK Port are due to us within 2x days of successful Japan purchase. This payment will be advised to you via our email once calculated.
The Agent fee is paid in advance of any bidding instructed by the customer, it is fully refundable until the point of a successful instruction to purchase on your behalf. If no purchase is ever made, the Agent Fee is fully refundable with no charge for inspections or other services. Our Agent Fee of £350 + Vat is NOT included in the overall estimated OTR Price.
5.) The Agent fee is £350 + Vat per vehicle payable to Algys Autos Imports Ltd in advance of any attempt to purchase or act on your behalf. The fee is refundable at any time, until such time as you are successful in winning a bid at auction or you confirm to us an instruction to purchase a vehicle in another outlet place of purchase. If you are successful at winning a bid at auction (or other requested place of purchase) the payment becomes the Agency Fee for Algys Autos Imports Ltd. and is no longer refundable. An instruction to Algys Autos to bid at an auction or instruction to proceed or purchase at any other place of purchase is a binding contract and cannot be withdrawn.
6.) On confirmation of receipt of the £350 + Vat you are able to bid and request we inspect vehicles at all Japan’s auctions (or other point of sale – if offered by seller). 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 or enquire about the vehicle at the auction (or point of sale) 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.
7.) If your bid is successful, you will have to transfer the auction cost of the vehicle and CIF* (see note Footnote below) costs to our UK Bank account within 2 days of receipt of our fund request. Payment is either on-line, via Chaps, Bacs or a Card. If your bid is unsuccessful, you can either bid on further vehicles until you have a successful bid or have your fee refunded. (Please note if you paid via Paypal or Card the administration fee imposed by Paypal or Bank will be deducted).
8.) We will confirm your successful bid (or purchase from another Japan Point of Sale) by sending you a confirmation email with all the vehicle details as well as the converted fob price of the car in Sterling (*CIF is the term used to include the purchase of the car, vehicle documentation, transportation to the export docks and all associated fees, plus freight to the UK Port). Details will include estimated UK OTR price including all taxes and duties, Mot / Iva preparation, mot and Iva test (subject to pass)*, UK Registration and number plates. The Agent fee of £350 + Vat is NOT included in the overall estimated OTR Price & neither is the UK Road Tax (Road tax can be arranged to be supplied with the car by the UK garage at cost price). The freight fees, UK Import duties and subsequent conformity testing costs are estimated by us using sound knowledge. We cannot in any way be held responsible for fees if they in any way differ from the estimated ones supplied to you. They are lawfully payable to UK agencies and paid by you at cost prices.
9.) 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.
10.) Once the auction bid (or instruction to purchase from another Point of Sale) has been accepted from you to us, the bid or instruction to purchase is a legally binding contract between you and us. The ownership title will pass to you upon payment of the ‘Japan car purchase price ’. * See footnote#.
11.) The estimated final price stated on the estimated fees document will include calculated UK import duty, import VAT, and shipment of the vehicle to the UK mainland (Southampton port by default, Bristol or other pre agreed port), MOT, first registration fee, number plates, IVA test (If required). Any compliance work will also be estimated, please note however that we cannot be held responsible for variable costs incurred due to MOT failure or changes in legislation that would require further expense to legally register the vehicle.
12.) Payment for the car purchase price (CIF see note Footnote below) is due strictly within 2 days to our UK Business Account – Unless otherwise agreed and notified. Failure to pay under these terms will result in storage charges of £ 40 per day to cover the storage charges accruing in UK / Japan. After 10 days from the notification purchase date, the vehicle can be re -entered into auction or returned to purchase outlet. Any fees incurred will be passed onto you the customer and will need to be paid in full within 10 days. Further, in all cases, title is not deemed to have passed to client until all payments due have been made in full.
13.) Contained within our website under the heading ‘Stock’ are 2x Headings with over 250,000 vehicles that Japan traders are permitted to use our Import facilities supplying UK customers their vehicles. You may also receive emails from us advising of vehicles being offered via these 3rd parties. Algys Autos do not own these vehicles, but we can act as Agent Only on your behalf to try and ensure the condition and specification represents a true description. The greatest of care is taken in arranging the purchase and importation of those vehicles. We cannot be held responsible for any undisclosed faults, representation or cosmetic issues arising. 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. The Agent fee is £350 + Vat per vehicle payable to Algys Autos Imports Ltd in advance of any attempt to purchase or act on your behalf, upon receipt of the fee this is taken as confirmation of instruction and contract to purchase and act on your behalf. Our Agent Fee of £350 + Vat is NOT included in the overall estimated OTR Price. (Paras 11 & 12 above also apply to this scheme).
14.) You have purchased or are in the process of purchasing a vehicle yourself. Algys Autos can act as Agent Only on your behalf to try and ensure the condition and specification represents a true description. We cannot be held responsible for any undisclosed faults, representation or cosmetic issues arising. 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. To ensure full unhindered process we would need the cooperation of the seller and yourself to supply correct information and documentation. The Agent fee is £350 + Vat per vehicle payable to Algys Autos Imports Ltd in advance of any attempt to purchase or act on your behalf, upon receipt of the fee this is taken as confirmation of instruction and contract to purchase and act on your behalf and is non-refundable regardless of circumstances. We can arrange the payment of the vehicle and associated export and freight fees to the Japan seller for you. We accept no responsibility for incorrect financial details or fraudulent behaviour on their or a 3rd parties behalf. (Para 11 above also applies to this scheme).
15.) You are a resident of a country outside the UK and wish to import a vehicle lawfully owned by you to the UK. We will only be responsible for the vehicle as specified by you in our email correspondence. Please ensure that the vehicle details are accurate and correct. To ensure full unhindered process we would need your cooperation to supply correct information and documentation. The Agent fee is £350 + Vat per vehicle payable to Algys Autos Imports Ltd in advance of any attempt to process or act on your behalf, upon receipt of the fee this is taken as confirmation of instruction and contract to act on your behalf and is non-refundable regardless of circumstances. (Para #11 above also applies to this scheme).
Terms and Conditions applicable to ALL 4x Schemes:
16.) 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 (unless freight has already been pre-paid (CIF) – see note Footnote below), 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 our UK Shipping Agents and NOT Algys Autos Imports Ltd. These details will be supplied in advance.
14.) Invoice “3” is payable in Sterling upon completion of all necessary compliance work, IVA testing, MOT testing and any work required to pass the MOT should a re-test be required at the UK Garage Agents that you instruct, they will contact you a copy invoice and send you all details for collection and payment of the vehicle. This payment is to be made to the UK Garage Agents and NOT Algys Autos Imports Ltd. You may if you wish to have the vehicle released to you at the UK port of arrival for you to arrange follow-on process at your own designated garage location. – Please advise us this in advance if applicable.
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, or any rental imposed by the UK Port or 3rd Party Authorities. 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 that 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 or any refund of costs. UK Arrival ports are requested as per the customer’s request, freight lines however, reserve the right to ship a sper their convenience or tranship as required. Although rare, if the vessel offloads at an alternative port we accept no responsibility for further land transportation charges.
16.) We will not be held in any way responsible for any damage / theft caused in transit from Purchase in Japan to Delivery in UK, whether it be to any of the UK Garages we suggest or a third party. No such claim for any damage / theft will be considered by Algys Autos Imports Ltd. 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. Similarly, we cannot be held responsible for any cosmetic, mechanical or electrical vehicle defects whatsoever and act as Agents only for the purchase, importation and registration of your vehicle.
17.) Upon Port clearance your vehicle can be released to the garage that you instruct. We shall advise you some garages that we partner for many years, for you to consider for completing the full UK registration process of your vehicle. You are welcome to select one of these garages, instruct a different garage of your choice or have your vehicle released to you at uk port arrival. The garages that we outline are well versed in the entire procedure of UK conformity preparation and Vehicle Registration. They are independent to Algys Autos. You are welcome to nominate a garage of your choice for this work or have the vehicle port released to any person that you request. We shall assist you as much as possible.
18.) The UK Garage Agents will arrange documentation to register the car in the name and address that you have supplied to them. If you require them to register on your behalf, then you agree to provide any documentation required by the UK Registration Authority (DVLA) at point of registration. All work requested at a UK garage is strictly an arrangement between you and the UK Garage, not Algys Autos.
20.) 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.
22) 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.
23.) We will not be liable for any changes in legislation (including but not limited to UK Import and Registration regulations, IVA changes).
24.) If any clause herein described is later deemed unenforceable, the contractual terms will apply as if the latter had been omitted.
25.) This contract is governed by UK law and is subject to the jurisdiction of the UK Courts
26.) Algys Autos Imports Ltd is by no means responsible for the conduct or service given by Japan, UK authorities or any third party.
27.) Any extra equipment such as, but not confined to, additional wheels, sound systems, tyres or roof racks that are with the vehicle in Japan when purchased are left and remain with the vehicle and sent to the Japan port for export to the UK with the vehicle. We will make every effort to supply any extras that are with the vehicle but they do NOT form part of the vehicle sale / purchase price. It is often the policy of some Freight lines and Japan Ports to remove additional ‘inner-cargo ’ items and no such claim for replacement or financial compensation will be considered by any party including Algys Autos. Similarly, vehicles are often purchased with just 1x set of keys, many have duplicates but if a vehicle has only the 1x set or any are mislaid or are not presented to us upon purchase Algy Autos are not responsible for supplying additional keys. We shall however arrange duplicates, where possible, at the customer’s request and expense. Any service history remains with the vehicle, we cannot be held responsible in the unlikely event of it missing.
Footnote: FOB is the term used to describe the purchase of the vehicle, export costs, taxes, delivery to port etc, CIF is FOB but also includes Freight to the UK. Sometimes it is necessary at the policy of the freight line that freight will be paid in advance of shipment. This can be freight line policy not Algys Autos. It also generally gets the vehicle shipped quicker and avoids any exchange rate fluctuation or increase in freight costs. The Freight lines in Japan are instructed as to the customer’s UK preferred port of choice. Although rare they do retain the right to send to an alternative UK port if there is a current expediential freight crisis, such as, but not limited to, time of war, vessel shortages, high freight demand. Algys Autos cannot be held responsible for any additional UK inland transportation costs incurred.
Algys Autos Imports Ltd
As Agents Only
Digitally signed today’s date as having read and understood.
I understand it my responsibility to question or have explained to me any term or item contained within these terms and conditions.