| 1. |
PREFACE |
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The word "We", "us", "our" means, shipper, EXPORT SERVICE CO.
The word
"You", "your", means consignee, who will enter an agreement with EXPORT SERVICE
CO.
All of our business should be done according to this terms.
The
first ordering from you means, "you agreeded with all conditions stated on this
terms". The proforma invoice (the estimation) with your signature should be kept
as the proof of the agreement.
Eveythings that is NOT stated on this terms
should be followed to Japanese law.
If the extra & additional conditions
at individual tradings much strictly, this extra & additional condition
should have priority over this terms.
Please keep in touch with us via
E-MAIL OR FAX, as far as you can. All exchanged messages should be kept in 2
years as the proof of our business.
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| 2. |
DESCRIPTION OF SERVICE |
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We act as the exporter. And our main products are Japanese KOI (Cyprinus
Carpio). At the same time, we can ship Japanese Goldfish and other goods,
Japanese origin.
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| 3. |
KOI and GOLDFISHES |
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All of KOI are supplied from our "contracted" breeders who are in HAMAMATSU
city to you directly, if we did NOT advised any request regarding breeders'
name.
According to the request, or if it was judged as necessary, fishes
will be supplied from wholesalers or farms, to supply a specific variety or KOI
that is NOT available at our end, Hamamatsu.
Fish should be selected
carefully and isolated to inspect in several days for perfect control.
Size
are approximate, and based on whole length including tail.
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| 4. |
PRICE |
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All price are quoted in Japanese Yen. Forwarder and Custom charges are
included. Packing and Freight excluded (to be limited flight from NAGOYA). The
estimation is given by proforma invoice, before the shipment. You can require
the proforma invoice whenever, to confirm the cost for a shipment. |
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4-1 In cases of small quantity of order, total quantity of boxes were less
than 10 boxes, or shipment from another airport (not from NAGOYA), we will ask
to pay some of charges at cost. |
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4-2 Prices might be changed on account of season, market, transit time, etc.
without prior notice. |
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4-3 Prices are according to our fundamental price list, you should use it as
reference. |
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4-4 Prices that NOT stated on price list, you have to ask before
ordering. |
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4-5 We can require the extra fee, accorning to this term.
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| 5. |
THE ORDERING |
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The ordering should be done by fax or e-mail. |
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5-1 To arrange with airline and secure the stocks, order at least 7 days
before shipment, at least. |
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5-2 Consignee must supply the following particulars when ordering; |
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5-2-2 Airport of destination |
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5-2-2 Consignee's telephone and fax number |
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5-2-3 Document, you need for custom clearance
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| 6. |
RESERVATION OF FISHES |
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We can keep your favorite fishes under your name, before the shipment.
But, in principle, ordered (or reserved) fishes should be shipped to the
customer, in 30days.
We can clear this reservation, once the reservation
terms exceeded 30days.
We can require 1/2 of the reserved fish amount, under
the name of the cancel fee, if the reservation was cleared after 30days. All
dead fishes in reservation term with the remittance in advance should be
compensated, by the fish replacement, or the back of the
remittance.
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| 7. |
ON-LINE KOI HUNTING |
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Whenever you need, we can supply photo data of KOI to you via e-mail or home
page koiexport.com.
Price, size, sex, and the name are not stated on the
web page. These informations are given via fax or e-mail, in order to supply you
timely information.
We can require the deposit (the reservation fee),
according to the term, section number 6.
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| 8. |
SHIPMENT |
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All shipments are done by air, from NAGOYA International Airport,
principally.
According to circumstances, we can arrange shipments from either
NARITA International Airport or KANSAI International Airport(KIX). In principle,
we treat all air freight as PRE-PAID. You might receive a call from Airlines due
to confirm your preparation for import. |
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8-1 If shipment was done from TOKYO or KIX, we have to ask you "extra
delivery charge E.D.C." from NAGOYA to these Airports. E.D.C. should be "Yen
80,000./shipment" to TOKYO, and "Yen 60,000./shipment" to KIX. |
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8-2 We can bear these E.D.C., according to the amount of the INVOICE VALUE.
Confirmation before each shipments are necessary. |
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8-3 E,D,C, will be charged under the name of HANDLING FEE. And this E.D.C.
is chagred for the delivery, the smaller shipment, total box quantity was less
than 10 boxes. |
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8-4 We can require some other cost fee to arrange a shipment under the name
of the handling fee, if this kind of fee were charged by forwarding
agent.
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| 9. |
PACKING |
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Quantity per 1package should be according to PRICE LIST or our arrangement.
However, you have right to decide your suitable quantity for your purpose. But,
we cannot take the responsibility of your losses, from the over-packing by your
adjustment.
You should confirm the quantity per a box by the proforma
invoice. |
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9-1 Fish are put into double-plastic bags placed in cardboard box, but there
is one bag in each. |
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9-2 Package are fitted under 24 hour-transit. In the case of over 24
hours-transit, fishes are packed with special caution, reduction in the quantity
per 1 package and send it with enough water. |
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9-3 To arrange boxes with Styrofoam and chemical ice pack are available, due
to protect the fishes from outer temperature. |
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9-4 The relation between box size and weight are as follows.
Box size :
650X380X330mm......15kg/each - 30kg/box
Packing charge : @ Yen 1000.- for
normal packing / @ Yen 2,000.- for temp. protect packing. |
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9-5 Large box to ship a KOI over 60cm is available. We can require the extra
freight and pakcing fee, according to the size of box and the weight. |
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9-6 To save the stress of fishes in a shipping box, we can use larger box
and we can adjust the quantity. |
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9-8 If you requested more quantity into a box than our suggestion, you
should take all responsibility about arrical condition. |
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9-7 All of packing information should be stated on the proforma
invoice.
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| 10. |
GUARANTEE & COMPENSATION |
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Since we are dealing with live animals, we have to be careful about the
condition after the shipment. We recommend you the trail order and shipment to
confirm the relationship with our fish to your environment. And the fish
condition and the environment should be different at each time, you should pick
up and keep some "sample fish" from your import fishes and keep them at the
separate place, to isolate every fishes at your end. Conditions for the
guarantee are as follows ; |
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10-1 All claims should be by Consignee's Report. You have to state
mortality, if any. |
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10-2 Claims should be done within 24hours after the arrival of shipment.
Arrival time should be Time table. |
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10-3 After our receipt of your D.O.A. report, we will soon send you a copy
of "Calculation" to you. If you can accept the amount of our compensation, we
will regard as all of your claims have been cleared. |
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10-4 The amount of your losses will be reduced from the invoice value of the
next shipment. |
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10-5 We can refuse your offers for guarantee if it was done UNLESS
; |
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10-5-1 The customer chooses the best available flight for shipment |
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10-5-2 The customer leaves the shipment for several hours after flight
arrival. |
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10-5-3 CONSIGNEE'S REPORT is faxed by the date of stated on it. |
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10-6 For any D.O.A. claims, the customer sends photos as D.O.A.
proof. |
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10-7 The claim about the fish quality is not a subject of
compensation. |
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10-8 Other cases, immunity from responsibility
* Fishes from different packages will be mixed together at importer's place.
* Problems and troubles were found after 24hours after the fish arrival
at the consignee.
* The virus examination did not forward in 3 days after the fish arrival
at the consignee.
* The consignee didn't follow our advice. |
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All disputes, controversies or differences which may arise between the
parties hereto, out of or in relation to or in connection with this Agreement
shall be finally settled by arbitration in Nagoya, Japan in accordance with the
Commercial Arbitration Rules of The Japan Commercial Arbitration Association.
The award rendered by the arbitrator(s) shall be final and binding upon the
parties hereto.
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| 11. |
DOCUMENTS |
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Documents for your custom clerance, such as Certificate of origin, Health
Certificate, etc. are supplied on request. You have to state what documents are
necessary for customs clearance, 1week before the shipment at
least.
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| 12. |
PAYMENT |
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Payment should be made before the preparation of each shipment by
Telegraphic Transfer (T.T.).
Send a copy of T.T. application sheet after
paying.
BANK: THE SAKURA BANK LTD. HAMAMATSU BRANCH A/C NO.
6845804
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| 13. |
DISCOUNT |
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All of our customers, consignees and clients will be given same discount
rate, depending upon the amount of order. In addition, SPECIAL DISCOUNT RATE be
given your PERIODICAL order.
You can confrine the all discount that is
available for your order, on the proforma invoice.
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| 14. |
AGENT |
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No one can act as our agent without any special agreement.
By the
special agreement, we can require the morm per year and per month. And our
profit have to be protected.
The agent can deal every our products with
agent price. And we have to protect the agent's profit,
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| 15. |
OTHERS |
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If you have any requests and comments, you need not hesitate to ask. Your
opinion will be given the highest priority. |
