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Terms and Conditions

JDM Direct

Used Japanese Domestic Market (JDM) Vehicle Dealership

Effective Date: November 11, 2025

Last Updated: November 11, 2025

Legal Contact: [email protected]

Mailing Address: Morovis, PR 00687

1. AGREEMENT TO TERMS

By placing a deposit, submitting an order, entering into correspondence with JDM Direct, or engaging any services offered by JDM Direct, you ("Buyer," "Customer," "Purchaser," or "you") hereby acknowledge and agree to be legally bound by these Terms and Conditions (the "Agreement") with JDM Direct ("Company," "Dealership," "Seller," "we," "us," or "our"). This Agreement constitutes the entire agreement, understanding, and contract between the parties and supersedes all prior discussions, agreements, understandings, representations, warranties (oral or written), and any other communications between the parties concerning the subject matter.

No employee, agent, or representative of JDM Direct has the authority to alter, modify, or waive any provision of this Agreement unless such modification is made in writing and signed by an authorized officer of the Company.

If you do not agree with any provision of these Terms and Conditions in their entirety, you must immediately discontinue communication with JDM Direct and refrain from any purchase or engagement with the Company.

2. VEHICLE CONDITION & "AS IS" SALE

2.1 "AS IS, WHERE IS, WITH ALL FAULTS" DISCLAIMER

ALL VEHICLES ARE SOLD STRICTLY "AS IS, WHERE IS, AND WITH ALL FAULTS." TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY HEREBY DISCLAIMS ALL WARRANTIES, BOTH EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, CONDITION, OR QUALITY.

Buyer acknowledges and accepts that the vehicle is sold in its current condition at the time of purchase, sight unseen in most cases, and that no representations regarding mechanical condition, appearance, functionality, operability, or safety have been made by JDM Direct.

2.2 ACKNOWLEDGMENT OF VEHICLE CHARACTERISTICS

Buyer expressly acknowledges and accepts the following inherent characteristics of imported JDM vehicles:

2.2.1 Right-Hand Drive (RHD) Configuration

Buyer is fully aware that the vehicles may be equipped with Right-Hand Drive (RHD) configuration and accepts all unique challenges, risks, and potential limitations associated with operating a right-hand drive vehicle in the United States. Buyer acknowledges that:

  • RHD vehicles are not designed or manufactured for U.S. road systems;
  • Operating an RHD vehicle requires significant driver adjustment and heightened awareness;
  • Some states may impose additional registration, inspection, or operational restrictions on RHD vehicles;
  • RHD vehicles may have reduced resale value and appeal in the U.S. market
  • Insurance availability and rates for RHD vehicles may be limited or significantly higher than for comparable left-hand drive vehicles;

2.2.2 Vintage, Classic, and Antique Vehicle Condition

Buyer accepts that the vehicle, by virtue of its age and import status, will exhibit wear, tear, deterioration, and potential defects consistent with a used vintage, classic, or antique automobile. This includes but is not limited to:

  • Surface rust, corrosion, and oxidation on exterior and undercarriage;
  • Paint imperfections, fading, discoloration, chips, or peeling;
  • Interior wear, fading, cracks, deterioration of upholstery and trim;
  • Non-functional or partially functional electrical systems and accessories;
  • Missing or damaged interior components, controls, or technology;
  • Engine corrosion, carbon buildup, or reduced performance;
  • Transmission, suspension, or brake system wear or malfunction;
  • Odometer and instrumentation that may be inaccurate or non-functional;
  • Glass fogging, scratches, or damage;
  • Weathering, sun damage, and environmental deterioration;
  • Outdated or obsolete technology and safety features;
  • Modified or replacement parts from aftermarket or non-original sources;

2.2.3 Unknown Accident or Damage History

Buyer acknowledges that vehicles sourced from Japanese dealers may have experienced accidents, collisions, or other damage in Japan that may not be fully documented or disclosed. Buyer accepts the vehicle with any and all such histories, known or unknown.

2.2.4 Ownership History

Buyer acknowledges that the vehicle has been previously owned and operated in Japan and bears no warranty regarding the accuracy or completeness of ownership history, maintenance records, or service documentation.

3. THIRD-PARTY SOURCING, INFORMATION, AND INSPECTION DISCLAIMERS

3.1 THIRD-PARTY AUCTION HOUSE AND DEALER SOURCING

All vehicles offered for sale by JDM Direct are sourced exclusively through third-party Japanese auction houses, private dealers, or independent sellers located in Japan. JDM Direct acts as a purchasing agent on behalf of the Buyer and does not manufacture, produce, certify, or originally warrant these vehicles.

Vehicles are not in the physical possession or under the control of JDM Direct until after purchase and, in most cases, not until after importation into the United States or Puerto Rico. As such, JDM Direct assumes no responsibility or liability for the condition, accuracy of descriptions, or representations made by auction houses or third-party sellers prior to JDM Direct's acquisition.

3.2 AUCTION INSPECTION SHEETS AND THIRD-PARTY ASSESSMENTS

All vehicle condition reports, inspection sheets ("auction sheets"), and assessments are prepared exclusively by staff employed by the Japanese auction houses or independent third-party inspectors and have no direct connection to, control by, or involvement by JDM Direct.

JDM DIRECT MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER REGARDING:

  • The accuracy, completeness, truthfulness, or reliability of any auction sheet or third-party assessment;
  • The validity of any grading, scoring, or condition ratings provided by auction houses;
  • The adequacy or thoroughness of any inspection or assessment;
  • The interpretation of auction sheet data or terminology;
  • The current condition of the vehicle matching the assessment date or findings;

Auction sheets are written in Japanese and are subject to translation, interpretation, and transcription errors. JDM Direct does not guarantee the accuracy of any translations, interpretations, or explanations of auction sheet content.

3.3 OPTIONAL THIRD-PARTY INSPECTION AND PRE-SHIPMENT INSPECTIONS

JDM Direct may, at Buyer's request and sole expense, arrange for optional third-party vehicle inspections to be conducted by professional inspectors at Japanese auction houses, ports, or shipping facilities. Such inspections are conducted by independent, third-party inspectors who are not employees or agents of JDM Direct and over whom JDM Direct exercises no control.

JDM Direct does not offer any warranty, guarantee, endorsement, or responsibility for:

  • The qualifications, competence, or impartiality of any third-party inspector;
  • The accuracy, completeness, or reliability of any inspection report;
  • The methodology, standards, or procedures used in the inspection;
  • The applicability of inspection findings to post-shipment conditions;

3.4 CONDITION REPORTS, PHOTOGRAPHS, AND VIDEO REPRESENTATIONS

Any condition reports, photographs, videos, specifications, descriptions, or marketing materials provided by JDM Direct are for informational purposes only and do not constitute representations or warranties regarding the vehicle's actual condition.

Photographs and videos may:

  • Be outdated or not represent the current condition of the vehicle;
  • Be taken under favorable lighting, angles, or conditions that do not represent the vehicle's true appearance;
  • Be stock images or images of different vehicles of the same model year;
  • Not show all areas, damage, defects, or conditions present on the vehicle;
  • Lack detail regarding interior condition, functionality, or defects;

Written descriptions and specifications may contain errors, omissions, or inaccuracies and are not guaranteed to be complete or accurate.

3.5 SELLER RELIANCE ON THIRD-PARTY INFORMATION

JDM Direct relies entirely on information provided by third-party auction houses, inspectors, shippers, and exporters. JDM Direct does not independently verify, validate, or investigate any information provided by these third parties and does not assume liability for any errors, omissions, or misrepresentations made by such third parties.

4. IMPORTATION, REGULATORY COMPLIANCE, AND REGISTRATION DISCLAIMERS

4.1 BUYER'S SOLE RESPONSIBILITY FOR LEGAL COMPLIANCE

BUYER IS SOLELY AND COMPLETELY RESPONSIBLE FOR RESEARCHING, UNDERSTANDING, AND COMPLYING WITH ALL FEDERAL, STATE, AND LOCAL LAWS, REGULATIONS, ORDINANCES, RESTRICTIONS, PROHIBITIONS, AND TAXES GOVERNING THE IMPORTATION, TITLING, REGISTRATION, MODIFICATION, AND OPERATION OF THE VEHICLE IN BUYER'S JURISDICTION.

This responsibility includes but is not limited to compliance with requirements and restrictions imposed by:

  • U.S. Department of Transportation (DOT)
  • Environmental Protection Agency (EPA)
  • U.S. Customs and Border Protection (CBP)
  • State Motor Vehicle Administration and Department of Motor Vehicles (DMV)
  • State Air Quality or Environmental Agencies (e.g., California Air Resources Board)
  • Local municipal authorities
  • Insurance carriers and regulatory bodies
  • Financing institutions

4.2 NO WARRANTY OF IMPORTATION ELIGIBILITY

JDM Direct disclaims any and all guarantees, warranties, or representations that any vehicle can be successfully imported, legally titled, registered, or lawfully operated in Buyer's city, state, county, or country of residence.

Buyer's ability to import, register, and operate the vehicle depends on numerous factors including but not limited to the vehicle's manufacturing date, emissions compliance, safety standards compliance, modifications, condition, specific state regulations, and federal restrictions. JDM Direct does not guarantee the accuracy of any information provided regarding vehicle eligibility for importation.

Buyer is solely responsible for verifying eligibility, potentially with the assistance of:

  • A licensed U.S. Customs broker
  • The U.S. EPA
  • NHTSA
  • State DMV or motor vehicle administration
  • State air quality or environmental agency
  • Legal counsel specializing in vehicle importation

4.3 25-YEAR RULE REFERENCE AND EXEMPTIONS

Buyer acknowledges that many vehicles sold by JDM Direct are offered based on their qualification under the U.S. Department of Transportation (DOT) and Environmental Protection Agency (EPA) exemptions for vehicles manufactured 25 years of age or older. However, JDM Direct makes no independent verification of a vehicle's eligibility under these or any other exemptions.

Buyer acknowledges that:

  • JDM Direct relies solely on the vehicle's manufacturing/production date as reported by the auction house, exporter, or seller;
  • Determining accurate manufacturing dates is often difficult or impossible without full documentation;
  • A vehicle may not qualify for the 25-year exemption even if reported as 25+ years old;
  • Vehicles manufactured between model years, model transitions, or with replacement/rebuilt components may have complex eligibility determinations;
  • The EPA and DOT may deny import eligibility at any time, even for vehicles believed to qualify;
  • Registered importers (RIs) may be required for vehicles not meeting exemptions, at significant additional cost to the Buyer;
  • Compliance costs can exceed the vehicle purchase price;
  • The vehicle may be seized and destroyed by U.S. Customs if found to be ineligible for importation;

4.4 STATE REGISTRATION DISCLAIMER (INCLUDING RESTRICTIVE EMISSIONS STATES)

JDM DIRECT SPECIFICALLY DISCLAIMS ANY GUARANTEE THAT A VEHICLE CAN BE REGISTERED, TITLED, PERMITTED, OR LEGALLY OPERATED IN BUYER'S SPECIFIC STATE OF RESIDENCE, INCLUDING STATES WITH STRICT EMISSIONS OR SAFETY STANDARDS SUCH AS CALIFORNIA, NEW YORK, MASSACHUSETTS, AND OTHERS.

Certain states impose significantly more restrictive requirements on imported vehicles, including:

  • California Air Resources Board (CARB) compliance requirements;
  • EPA emissions compliance;
  • Federal Motor Vehicle Safety Standards (FMVSS) compliance for non-exempt vehicles;
  • Specific testing and certification requirements;
  • Prohibition of right-hand drive vehicles;
  • Registration denial or restrictions;

BUYERS IN CALIFORNIA AND OTHER RESTRICTIVE JURISDICTIONS MUST CONSULT WITH THE APPROPRIATE STATE AGENCIES (e.g., California Air Resources Board, California Department of Motor Vehicles) BEFORE PURCHASING THE VEHICLE. Failure to verify state eligibility prior to purchase may result in the Buyer being unable to register, title, or operate the vehicle, with no refund or remedy available.

4.5 DOCUMENTATION AND COMPLIANCE FILING

JDM Direct will provide documentation necessary for importation, including but not limited to:

  • Original bills of lading
  • Bills of sale
  • Japanese export certificates
  • U.S. Customs forms (as applicable)
  • Commercial invoices
  • Japanese registration documents or auction certificates

However, Buyer is solely responsible for:

  • Ensuring that all documentation is complete, accurate, and compliant with U.S. Customs and Border Protection (CBP), DOT, and EPA requirements
  • Filing all required forms and applications, including:
    • EPA Form 3520-1 (if applicable)
    • DOT Form HS-7 (if applicable)
    • U.S. Customs Entry forms (CBP 7501, CBP 3461, or other required forms)
    • International Security Filing (ISF)
    • State DMV registration and titling applications
    • Any emissions compliance documentation
  • Payment of all applicable duties, taxes, and fees
  • Obtaining all required import permits and approvals
  • Engaging a licensed customs broker, if necessary
  • Ensuring compliance with all state-specific requirements

JDM Direct does not guarantee that any documentation provided will be sufficient or accurate for U.S. Customs, EPA, DOT, or state authorities.

4.6 IMPORT DELAYS AND CUSTOMS CLEARANCE

Buyer acknowledges that vehicle importation is subject to U.S. Customs and Border Protection inspection, examination, and approval procedures that may result in:

  • Delays in shipment and delivery
  • Detailed physical inspections and examinations
  • Required modifications or corrections
  • Customs seizure or denial of entry
  • Vehicle detention at ports or bonded warehouses
  • Accrual of storage, detention, and examination fees

Buyer is responsible for all fees, costs, and charges associated with customs clearance, including but not limited to:

  • Merchandise Processing Fees (MPF)
  • Customs bonds (ISF bonds, entry bonds, exam bonds)
  • Port storage and demurrage fees
  • Handling fees
  • Inspection and examination fees
  • Brokerage fees and service charges
  • Detention charges
  • Any costs associated with vehicle modification or correction to achieve compliance

5. LIMITATION OF LIABILITY

5.1 LIABILITY CAP - MAXIMUM AGGREGATE LIABILITY

IN NO EVENT SHALL COMPANY'S TOTAL, AGGREGATE LIABILITY TO BUYER FOR ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION, OR DAMAGES OF ANY KIND ARISING FROM OR RELATED TO THIS AGREEMENT, THE PURCHASE OF THE VEHICLE, OR ENGAGEMENT WITH THE COMPANY SHALL EXCEED THE TOTAL PURCHASE PRICE ACTUALLY PAID BY BUYER FOR THE VEHICLE (BEFORE SHIPPING, IMPORT FEES, TAXES, OR OTHER CHARGES).

This limitation of liability applies regardless of the nature of the claim, whether based on contract, tort (including negligence), strict liability, or any other legal theory, and regardless of whether JDM Direct has been advised of the possibility of such damages.

5.2 EXCLUSION OF CONSEQUENTIAL, INCIDENTAL, AND INDIRECT DAMAGES

COMPANY SHALL NOT BE LIABLE TO BUYER FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO:

  • Lost profits, revenue, or business opportunities
  • Loss of use, enjoyment, or expected benefit of the vehicle
  • Cost of substitute goods, vehicles, or services
  • Rental or replacement vehicle costs
  • Towing, storage, transportation, or delivery costs
  • Repair, restoration, or modification costs
  • Diminution in value or resale losses
  • Damage to other property or injury to persons
  • Emotional distress, inconvenience, or loss of time
  • Shipping costs, insurance costs, or freight charges
  • Customs duties, taxes, or import fees
  • Legal fees or costs associated with dispute resolution

These exclusions apply whether or not JDM Direct has been advised of the possibility of such damages and whether any remedy provided in this Agreement fails of its essential purpose.

5.3 GENERAL EXCLUSIONS FROM LIABILITY

JDM Direct shall not be held liable for any loss, damage, delay, error, defect, failure, non-performance, or adverse consequence caused by or resulting from:

Third-Party Actions and Services

  • Acts, omissions, errors, or failures by third-party auction houses, dealers, sellers, or exporters in Japan;
  • Actions or negligence of shipping companies, freight forwarders, carriers, or logistical providers;
  • Conduct of customs brokers, port agents, or government authorities;
  • Acts by insurance providers, inspectors, or other service providers;
  • Actions by storage facilities, warehouses, or bonded warehouse operators;

Information and Documentation

  • Errors, omissions, or inaccuracies in auction sheets, inspection reports, or vehicle descriptions prepared by third parties;
  • Misinterpretations or mistranslations of Japanese auction documentation;
  • Incomplete or outdated vehicle information or history;
  • Missing or incorrect identification numbers, serial numbers, or manufacturing dates;
  • Inaccurate assessment by third-party inspectors or appraisers;

Shipping, Transportation, and Delivery

  • Delays in shipping, transportation, or delivery due to weather, port congestion, rough seas, maritime hazards, labor disputes, strikes, lockouts, labor shortages, customs inspections, detentions, examinations, carrier scheduling, re-routing, equipment failures, port strikes, labor actions, facility closures, fuel surcharges, unexpected shipping costs, or mechanical failures;
  • Damage occurring during transportation, shipping, loading, unloading, or storage
  • Theft or piracy during transit
  • Improper packing or securing of the vehicle during shipment
  • Risk of loss passing to Buyer at the point of loading in Japan (FOB terms)

Vehicle Condition and Functionality

  • Mechanical, electrical, or structural failure of the vehicle after delivery
  • Corrosion, rust, deterioration, or oxidation after importation
  • Wear and tear, normal aging, or deterioration consistent with vehicle age
  • Missing parts, accessories, equipment, or interior components discovered after delivery
  • Odometer and mileage inaccuracies
  • Pre-existing damage, repairs, or modifications not disclosed by auction house
  • Vehicle modifications made in Japan for market adaptation

Regulatory and Compliance Matters

  • Failure of Buyer to obtain proper insurance, registration, or titling
  • Buyer's inability to register or operate vehicle in Buyer's jurisdiction
  • Changes in governmental regulations, restrictions, or policies
  • EPA or DOT denial of import eligibility or permission
  • State or federal agency seizure, impoundment, or destruction of vehicle
  • Fines, penalties, or legal fees resulting from Buyer's non-compliance with laws

Economic and Currency Factors

  • Changes in currency exchange rates between Japanese Yen and U.S. Dollar
  • Fluctuations in shipping rates, fuel surcharges, or port fees
  • Tariff changes or new import duties or taxes
  • Bank fees, wire transfer fees, or payment processing fees

Force Majeure Events

  • Acts of God, including earthquakes, tsunamis, typhoons, hurricanes, floods, fires, lightning, or other natural disasters
  • War, terrorism, civil unrest, revolution, or armed conflict
  • Government actions, embargoes, sanctions, or trade restrictions
  • Pandemics, epidemics, plagues, or disease outbreaks
  • Strikes, lockouts, labor disputes, or work stoppages
  • Port closures, airport closures, or facility shutdowns
  • Piracy, blockades, or maritime violence
  • Communication system failures
  • Any other event beyond JDM Direct's reasonable control

6. MANDATORY DISCLOSURES

6.1 ODOMETER STATEMENT AND MILEAGE DISCLOSURE

The odometer reading for the vehicle is based on Japanese documentation and is provided for informational purposes only. Buyer acknowledges and accepts that:

  • The vehicle's odometer is calibrated in kilometers, not miles
  • Conversion from kilometers to miles may result in calculation errors
  • The odometer reading may be inaccurate or may not reflect actual miles/kilometers driven
  • JDM Direct cannot and does not verify the mileage's accuracy or the complete history of the vehicle's usage
  • The vehicle is sold "as is" with no warranty regarding odometer accuracy
  • Odometer discrepancies or disputes shall be the sole responsibility of Buyer to resolve

6.2 TITLE BRAND NOTIFICATION AND DAMAGE HISTORY DISCLOSURE

The vehicle may carry a branded title or title brand designation (e.g., "Salvage," "Rebuilt," "Non-Repairable," "Flood Damage," "Prior Damage," "Accident," or other brand) as indicated on Japanese documentation, export certificates, or auction records.

Buyer acknowledges being fully informed of and expressly accepting any and all title brands, designations, or damage history associated with the vehicle. Buyer accepts full responsibility for determining whether a branded title vehicle can be registered, insured, or financed in Buyer's jurisdiction.

6.3 VEHICLE HISTORY AND MODIFICATION DISCLOSURE

Buyer acknowledges that the vehicle may have been:

  • Previously registered in Japan under multiple owners
  • Subject to previous accidents, collisions, or damage in Japan
  • Modified or altered from its original factory configuration
  • Equipped with non-original or aftermarket components
  • Repaired or restored, potentially with non-original parts
  • Subjected to weather damage, corrosion, or environmental exposure

JDM Direct does not warrant the accuracy or completeness of any disclosed information regarding vehicle history or modifications.

7. DISPUTE RESOLUTION AND ARBITRATION

7.1 GOOD FAITH NEGOTIATION

In the event of any dispute, controversy, claim, or disagreement arising out of or relating to these Terms and Conditions, this Agreement, the purchase of a vehicle, or Buyer's engagement with JDM Direct, the parties agree to first attempt to resolve the matter in good faith through direct, informal negotiation between authorized representatives of both parties for a period of at least thirty (30) days.

During this negotiation period:

  • The parties shall communicate in writing via email to the addresses specified in this Agreement
  • Each party shall provide the other with detailed written explanation of the dispute and proposed resolution
  • Both parties shall make reasonable efforts to find a mutually acceptable resolution
  • The parties shall not commence formal legal proceedings during this period

7.2 BINDING ARBITRATION

If the dispute cannot be resolved through good faith negotiation within thirty (30) days of written notice of the dispute, the parties agree that any and all disputes shall be resolved by final and binding arbitration in accordance with the Arbitration Rules and Procedures of the American Arbitration Association (AAA).

7.2.1 Arbitration Procedures

  • The arbitration shall be administered by the AAA and conducted in accordance with its then-current rules and procedures
  • The arbitration shall be conducted by a single, neutral arbitrator selected in accordance with AAA procedures
  • The arbitration shall be the exclusive means of resolving the dispute
  • The arbitration shall be conducted on a confidential basis
  • The arbitrator shall issue a written decision stating findings of fact and conclusions of law
  • The decision of the arbitrator shall be final, binding, and non-appealable

7.2.2 Location and Governing Rules

Arbitration shall be held in the state where JDM Direct's principal place of business is located (or as otherwise agreed by the parties). The arbitrator shall apply the substantive law applicable under Section 14.1 of this Agreement but shall not apply any statute of limitations or rules of evidence that would otherwise be applicable in court.

7.2.3 Costs and Fees

  • Each party shall bear its own attorney's fees, witness fees, and other costs and expenses related to arbitration
  • The parties shall share equally all fees and costs of the arbitrator, including the administrative fees of the AAA
  • Either party may request that the arbitrator allocate or shift costs and fees as permitted by law or AAA rules

7.3 WAIVER OF JURY TRIAL, CLASS ACTIONS, AND CLASS ARBITRATION

BY AGREEING TO THESE TERMS AND CONDITIONS, BUYER EXPRESSLY AND KNOWINGLY WAIVES THE RIGHT TO A TRIAL BY JURY IN COURT.

FURTHER, BUYER EXPRESSLY WAIVES THE RIGHT TO:

  • Participate in a class action lawsuit or class action proceeding
  • Pursue class arbitration or representative proceeding
  • Seek damages on behalf of other consumers or class members
  • Consolidate claims with other claimants or parties

Any arbitration shall be conducted solely on an individual basis. The arbitrator shall have no authority to hear, combine, or consolidate claims on a class basis or to hear claims from multiple individuals in a single arbitration proceeding.

7.4 Exceptions to Arbitration

Notwithstanding the above, either party may pursue claims in small claims court if the claim is within the jurisdiction and monetary limits of that court, and either party may seek injunctive relief in any court of competent jurisdiction to prevent irreparable harm or to enforce the confidentiality provisions of this Agreement.

8. FORCE MAJEURE

JDM Direct shall not be liable for any failure, delay, inability to perform, error, or omission in performance of its obligations under this Agreement due to any causes, events, or circumstances beyond its reasonable control, including but not limited to:

  • Acts of God: earthquakes, tsunamis, typhoons, hurricanes, floods, fires, lightning, severe weather, or other natural disasters
  • War, terrorism, armed conflict, civil unrest, revolution, or similar hostilities
  • Government actions: embargoes, sanctions, trade restrictions, export controls, or other governmental intervention
  • Labor disputes: strikes, lockouts, work stoppages, union actions, or labor shortages
  • Port operations: port strikes, congestion, facility closures, or operational disruptions
  • Pandemic or epidemic: disease outbreaks, quarantines, government health orders, or facility closures
  • Shipping disruptions: vessel delays, equipment failures, mechanical breakdowns, fuel surcharges, or re-routing
  • Customs delays: inspections, examinations, holds, seizures, or other customs procedures
  • Communication failures: system outages, internet disruptions, or telecommunications failures
  • Utility disruptions: power outages, water system failures, or other essential service disruptions
  • Any other event, circumstance, or condition beyond the reasonable control of JDM Direct

In the event of force majeure, JDM Direct may, at its sole discretion:

  • Suspend or delay performance of obligations under this Agreement
  • Redirect shipments to alternative ports or facilities
  • Renegotiate delivery schedules or terms
  • Seek equitable adjustments to costs or timeframes
  • Terminate the Agreement if performance becomes impossible or impracticable

Force majeure does not relieve Buyer's obligation to pay for vehicles that have been successfully purchased or to accept delivery of vehicles that have been delivered to Buyer's location.

9. PAYMENT, DEPOSITS, AND REFUND POLICY

9.1 DEPOSIT REQUIREMENT AND CONFIRMATION

A deposit is required to secure JDM Direct's services, to bid on vehicles at Japanese auctions, and to reserve vehicles. The deposit amount, payment method, and payment deadline will be specified in writing by the Company at the time of request.

Deposits must be received in U.S. dollars via the payment method specified by JDM Direct, which may include:

  • Bank wire transfer
  • PayPal or similar payment processor
  • Credit card or debit card
  • Other payment methods as designated by JDM Direct

9.2 FULL PAYMENT OBLIGATION

Upon successful purchase of a vehicle at auction or from a dealer, Buyer must pay the full purchase price in full within the timeframe specified in the invoice or purchase agreement, typically within 2-3 business days of notification of successful purchase.

Full payment includes:

  • Vehicle purchase price (as determined at auction or negotiation)
  • Agent fees or buyer's fees
  • Auction fees and administrative costs
  • Customs clearance costs and import documentation fees
  • Shipping fees and freight charges (depending on Incoterms)
  • Insurance premiums (if applicable)
  • Any applicable taxes, duties, or surcharges
  • Bank transfer fees or payment processing fees

Failure to remit full payment within the specified timeframe may result in:

  • Accrual of daily late payment penalties or interest
  • Forfeiture of deposit and down payments
  • Cancellation of the transaction
  • Re-entry of the vehicle into auction or resale to another buyer
  • Liability to JDM Direct for any losses, deficiencies, or additional costs incurred
  • Transfer of vehicle ownership to JDM Direct or its designee

9.3 REFUND POLICY - LIMITED AND CONDITIONAL REFUNDS

Deposits and payments are non-refundable once a bid has been placed, a vehicle has been reserved, or a purchase has been made.

In cases where JDM Direct issues a refund at its sole discretion, JDM Direct reserves the right to deduct the following fees and expenses from the refund:

  • Bank transfer fees and wire transfer charges
  • Payment processor fees (including PayPal fees, credit card processing fees, or similar charges)
  • Currency conversion fees or exchange rate differences
  • Third-party inspection fees
  • Administrative fees for processing the refund
  • Any costs incurred in connection with the bid or reservation

Refunds shall be processed within 30 business days of approval, and Buyer shall be responsible for any additional bank fees or delays associated with the return transfer.

9.4 BID WITHDRAWAL AND RE-ENTRY LIABILITY

If Buyer requests withdrawal of a bid after the auction bid deadline has passed, Buyer may remain responsible for full payment if the bid is successful. If Buyer subsequently withdraws and the vehicle is resold at auction or to another buyer at a lower price than the original winning bid, Buyer may be held liable for:

  • The difference between the original bid price and the resale price
  • All re-entry fees, administrative costs, and additional storage charges
  • Auction fees, inland transport costs, and related expenses
  • Any other costs or losses incurred by JDM Direct in connection with the re-sale

10. SHIPPING TERMS, RISK OF LOSS, AND TRANSPORTATION

10.1 INCOTERMS AND SHIPPING RESPONSIBILITY

Unless otherwise specified in writing by JDM Direct, all vehicle shipments from Japan are made under FOB (Free on Board) Japan Port terms in accordance with Incoterms 2020, as published by the International Chamber of Commerce.

Under FOB Japan Port terms:

  • JDM Direct is responsible for: arranging shipment, coordinating loading at the Japan port of origin, and covering transportation costs to the port of shipment
  • Buyer assumes responsibility and risk of loss when the vehicle is placed on board the vessel at the Japan port
  • Buyer is responsible for: all transportation costs from the port of shipment, all ocean freight, marine insurance (if desired), and all costs from the port of destination forward
  • Buyer is responsible for: unloading the vehicle at the destination port, inland transportation, and delivery to final destination

10.2 RISK OF LOSS IN TRANSIT

Risk of loss and responsibility for the vehicle transfers from JDM Direct to Buyer upon loading aboard the vessel at the point of shipment in Japan (FOB terms). This means:

  • JDM Direct is not responsible for loss, damage, or theft occurring after the vehicle is loaded on the vessel
  • Buyer assumes all risk of loss during ocean transit, including loss due to maritime hazards, accidents, weather, piracy, or other causes
  • Buyer is responsible for obtaining marine insurance coverage if Buyer desires protection against loss or damage during transit

10.3 SHIPPING INSURANCE

JDM Direct does not automatically arrange or pay for marine cargo insurance unless specifically requested and agreed to in writing in advance. Marine insurance is the responsibility of the Buyer.

Buyer may:

  • Request that JDM Direct arrange marine insurance at Buyer's expense prior to shipment
  • Arrange marine insurance independently through an insurance broker or carrier
  • Assume the risk of loss without insurance

If Buyer requests JDM Direct to arrange marine insurance, Buyer agrees to pay all insurance premiums and any additional costs in full prior to shipment.

10.4 SHIPPING DELAYS AND DELIVERY SCHEDULES

Buyer acknowledges that shipping schedules are estimates only and that vessel schedules, port operations, customs procedures, and other factors may cause delays in delivery.

JDM Direct is not liable for:

  • Delays in vessel departure or arrival
  • Port congestion or facility delays
  • Customs inspections or detentions
  • Carrier equipment failures or mechanical breakdowns
  • Inclement weather, rough seas, or maritime hazards
  • Changes in shipping routes or scheduled ports
  • Labor disputes or labor shortages at ports
  • Any other delays beyond JDM Direct's control

10.5 PORT OF DISCHARGE AND FINAL DELIVERY

JDM Direct will specify the port of discharge (destination port) in the United States or Puerto Rico. Buyer is responsible for arranging transportation from the port of discharge to Buyer's final destination location, including:

  • Port terminal pick-up
  • Inland freight forwarding or trucking
  • Delivery to Buyer's location or designated facility
  • All associated costs and fees

11. CUSTOMS CLEARANCE, DUTIES, AND IMPORT FEES

11.1 CUSTOMS CLEARANCE RESPONSIBILITY

Buyer is solely responsible for arranging and completing customs clearance of the vehicle through U.S. Customs and Border Protection (CBP). JDM Direct will provide necessary documentation but does not guarantee the completeness or accuracy of such documentation for customs purposes.

11.2 IMPORT DUTIES AND TAXES

Buyer is solely responsible for payment of all applicable import duties, customs fees, tariffs, and governmental charges, including but not limited to:

  • Merchandise Processing Fees (MPF)
  • Customs entry bonds and security fees
  • Inspection and examination fees
  • Port security surcharges
  • Merchandise duty (if any applicable)
  • Harbor maintenance fees and other port charges
  • Any penalties or interest charges resulting from late payment or non-compliance

11.3 STATE SALES AND USE TAXES

Buyer is responsible for payment of all applicable state sales taxes, use taxes, and other state or local tax obligations related to the importation and registration of the vehicle in Buyer's jurisdiction.

11.4 CUSTOMS BROKER AND CLEARANCE SERVICES

Buyer may engage a licensed U.S. Customs broker to handle customs clearance and documentation on Buyer's behalf. Any fees charged by a customs broker are the responsibility of Buyer and are in addition to the vehicle purchase price and other costs.

12. TITLE, REGISTRATION, AND DOCUMENTATION

12.1 TITLE TRANSFER AND ASSISTANCE

JDM Direct will provide all available documentation necessary to assist Buyer in obtaining title and registration in Buyer's name, including:

  • Original bill of lading or shipping documents
  • Commercial invoice
  • Original bill of sale from the auction or dealer
  • Japanese export certificate or registration documents
  • Photos and vehicle identification information
  • Auction sheet or inspection reports

JDM Direct makes no guarantee that such documentation will be sufficient for title transfer or registration in Buyer's jurisdiction.

12.2 BUYER'S RESPONSIBILITY FOR TITLE AND REGISTRATION

Buyer is solely responsible for:

  • Applying for title and registration in Buyer's state
  • Paying all fees associated with title transfer and registration
  • Obtaining all necessary permits, certifications, or approvals
  • Meeting all state-specific requirements for title and registration
  • Providing complete and accurate information to state DMV or motor vehicle administration
  • Complying with state laws regarding imported vehicles

12.3 STATE-SPECIFIC TITLE REQUIREMENTS AND RESTRICTIONS

Title transfer requirements, registration procedures, and restrictions vary significantly by state. Some states impose additional requirements for imported vehicles, including emissions compliance certificates, safety certifications, or other approvals. JDM Direct makes no representations or warranties regarding the transferability of title in any particular state or jurisdiction. Buyer is responsible for determining whether title can be transferred and registered in Buyer's state of residence.

13. INTELLECTUAL PROPERTY AND MARKETING

13.1 USE OF VEHICLE PHOTOS, VIDEOS, AND INFORMATION

JDM Direct retains all rights to use photographs, videos, auction sheets, descriptions, and information concerning vehicles purchased by Buyers for marketing, advertising, website content, social media, promotional materials, and business purposes. JDM Direct may display such content indefinitely without additional compensation or approval from Buyer.

13.2 PRIVACY AND BUYER INFORMATION

JDM Direct will not publicly disclose Buyer's identity, purchase price, personal information, or transaction details without Buyer's prior written consent, except as required by law or for internal business purposes.

14. GENERAL PROVISIONS

14.1 GOVERNING LAW AND VENUE

This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Puerto Rico, without regard to its conflict of law principles or the law of any other jurisdiction.

Any arbitration or legal proceeding arising from this Agreement shall be venued in San Juan, Puerto Rico, or such other location as agreed to in writing by the parties.

14.2 SEVERABILITY

If any provision, clause, or term of this Agreement is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction or an arbitrator, that provision shall be severed from this Agreement, and the remaining provisions shall remain in full force and effect to the maximum extent permitted by law.

If any provision is found unenforceable, the parties request that a court or arbitrator modify the provision to make it enforceable while preserving the intent of the parties.

14.3 NO WAIVER

The failure of JDM Direct to enforce, exercise, or insist upon any right, provision, or power contained in this Agreement shall not constitute a waiver of such right, provision, or power. No single or partial exercise of any right, provision, or power shall preclude any other or further exercise or the exercise of any other right, provision, or power.

A waiver of any breach, default, or failure to comply with any provision shall not constitute a waiver of any subsequent or other breach, default, or failure.

Any waiver must be in writing and must be signed by an authorized officer of JDM Direct to be effective.

14.4 CANNOT BE DISCLAIMED - LIMITATIONS ON DISCLAIMERS

NOTHING IN THIS AGREEMENT IS INTENDED TO DISCLAIM LIABILITY FOR:

  • Fraud, fraudulent inducement, or intentional misrepresentation
  • Intentional or willful misconduct or violation of law
  • Gross negligence or willful misconduct
  • Violation of any federal, state, or local law that cannot be waived by contract
  • Mandatory odometer disclosure requirements as required by law
  • Mandatory consumer protection laws or consumer rights that cannot be waived
  • Any liability that is prohibited from being waived by applicable law

To the extent any state or federal law prohibits or limits the disclaimers and limitations of liability in this Agreement, such state or federal law shall govern to the extent necessary to comply with those laws.

14.5 ENTIRE AGREEMENT

This Agreement, together with any purchase invoice, shipping documents, or other written documents executed by both parties, constitutes the entire agreement between the parties concerning the subject matter and supersedes all prior agreements, understandings, negotiations, representations, warranties, and communications, whether written or oral.

No employee, agent, or representative of JDM Direct has the authority to make any statement, representation, or warranty not contained in this written Agreement or to modify any term or condition of this Agreement except as expressly authorized in writing by an officer of the Company.

14.6 MODIFICATIONS TO TERMS

JDM Direct reserves the right to modify, amend, or update these Terms and Conditions at any time without prior notice. Modifications will be effective immediately upon posting to the JDM Direct website or upon written notice to Buyer.

Buyer's continued use of JDM Direct's services, website, or engagement with the Company after such modifications constitutes Buyer's acceptance of the revised Terms and Conditions. If Buyer does not agree with revised Terms and Conditions, Buyer must discontinue use of the Company's services immediately.

14.7 ASSIGNMENT

JDM Direct may assign its rights and obligations under this Agreement to any third party, including but not limited to affiliate companies, parent companies, or successor entities, without Buyer's consent. Buyer may not assign rights or obligations under this Agreement without JDM Direct's prior written consent.

14.8 NOTICES

Any notices, demands, or communications required or permitted under this Agreement must be made in writing and shall be deemed given:

  • Upon personal delivery
  • Upon email transmission (if confirmation of receipt is obtained)
  • Three (3) business days after deposit in U.S. mail, postage prepaid, registered mail, return receipt requested
  • Upon delivery by overnight courier service

Notices to JDM Direct shall be directed to:

Email: [email protected]

Mailing Address: Morovis, PR 00687

15. YOUR ACCEPTANCE AND ACKNOWLEDGMENT

15.1 ACKNOWLEDGMENT OF UNDERSTANDING

BY PROCEEDING WITH THIS PURCHASE, SUBMITTING A DEPOSIT, PLACING AN ORDER, OR ENGAGING ANY SERVICE WITH JDM DIRECT, YOU ACKNOWLEDGE THAT:

  • You have read this entire Agreement carefully and thoroughly and have had adequate opportunity to review it.
  • You understand all the terms, conditions, disclaimers, limitations, and provisions contained in this Agreement.
  • You have had the opportunity to seek legal counsel or advice regarding this Agreement and understand your rights and obligations.
  • You voluntarily and knowingly agree to be bound by all terms and conditions in this Agreement.
  • You are at least 18 years of age and have the legal capacity to enter into a binding contract.
  • You are not acting as a minor, under duress, or under any legal incapacity.

15.2 ACKNOWLEDGMENT OF CRITICAL DISCLAIMERS AND LIMITATIONS

You specifically acknowledge and accept:

  • All vehicles are sold "AS IS, WHERE IS, WITH ALL FAULTS" with no warranties of any kind, express or implied.
  • JDM Direct makes no representations regarding vehicle condition, mechanical soundness, safety, or suitability for any purpose.
  • Buyer assumes all risks associated with purchasing, importing, registering, and operating the vehicle.
  • Buyer is solely responsible for legal compliance and regulatory approval for vehicle importation.
  • JDM Direct's liability is limited to the purchase price paid, and JDM Direct is not liable for any indirect or consequential damages.
  • Third-party auction houses, shippers, and inspectors are not agents of JDM Direct, and JDM Direct is not responsible for their errors or misconduct.
  • Binding arbitration and waiver of jury trial provisions apply to all disputes.
  • Force majeure events beyond JDM Direct's control do not create liability for JDM Direct.

15.3 EXPLICIT WAIVER OF CLAIMS

By proceeding with this purchase, you expressly waive:

  • Any and all claims against JDM Direct for vehicle condition, appearance, or functionality
  • Any and all claims for damages arising from inability to register, title, or legally operate the vehicle
  • The right to pursue legal action in court (arbitration is the exclusive remedy)
  • The right to participate in a class action or representative proceeding
  • The right to a trial by jury
  • Any other rights or remedies not expressly provided in this Agreement

16. CONTACT INFORMATION FOR LEGAL MATTERS

For questions, concerns, disputes, or matters relating to these Terms and Conditions, or regarding any vehicle purchase or transaction with JDM Direct, please contact:

JDM Direct Legal Department

Email: [email protected]

Mailing Address: Morovis, PR 00687

IMPORTANT FINAL ACKNOWLEDGMENT

This Agreement constitutes a legally binding contract between Buyer and JDM Direct.