Terms & Conditions

Kobelco Construction Machinery International Trading Co., Ltd. (hereinafter referred to as "KiT") requires the esteemed Customers to abide by the following terms and conditions from item No. 1 to No. 7 in respect of trading commodities or merchandises, products (hereinafter collectively referred to as the "Products")

  1. 1.Export Control
    • a) Export Control in Japan
      • (1)Upon the Resolution over Decision on Nonproliferation of Weapons of Mass Destruction at the United Nations, the Ministry of Economy, Trade and Industry of Japan laid down the national Security Trade Control Policy to prevent proliferation of weapons of mass destruction and excessive stockpiling of conventional weapons.
        Japan's Security Trade Control Policy also complies with the government's strict principles controlling arms export.
    • b) Export Control Policy of KiT
        Based on above-mentioned national policy, Kobelco Construction Machinery Co., Ltd. (hereinafter referred to as "Kobelco"), the parent company of KiT, established in-house export control rules under which KiT is required to implement their export activities.
        KiT is obliged to abide by the Japanese Foreign Exchange and Foreign Trade Law, Export Trade Control Order and all the related laws, regulations or ordinances as well as the U.S. Re-export Regulations (hereinafter referred to as the "Laws and Regulations"). KiT may be restricted to export, sell or transfer of certain items or technologies in case of breach of the Laws and Regulations.
    • c) Screening of Detail of Transaction
        Pursuant to the policy described above a) and b), KiT shall be obliged to screen case-by-case the details of transaction when necessary. Based on the results of this screening, KiT may cancel the order of the Customer or request the Customer to agree to certain conditions.
    • d) Notice of Export Control
        KiT will send formal copies of the "Notice of Export Control" for the Customer to sign in it. The Customer is required to sign in the "Notice of Export Control" before starting business. In case of any revision of the Laws and Regulations the Customer may be required to sign in the revised "Notice of Export Control".
  2. 2.Compliance The Customer who exports the subject products from Japan shall also comply with the laws and regulations of the countries of destination concerning environment protection, product safety and so on, and shall complete all required steps (including but not limited to the required modifications, governmental approval, etc.) in accordance with such laws and regulations.
  3. 3.Payment Term
    • Full advanced payment shall be made in Japanese Yen within fourteen (14) calendar days after issuing Pro-Forma Invoice by KiT. All banking charges incurred shall be born by the Customer.
  4. 4.Taxes & Duties
    • The price offered by KiT shall be net price as EX-Works and not include any consumption tax to be currently levied by the Japanese Government at the rate.
      In case delivery terms are FOB or CIF, such Consumption Tax will not be levied.
  5. 5.Payment Term
    • Trade terms shall be in accordance with the Incoterms 2010.
  6. 6.Warranty
      • 1) The condition of sale shall be on "AS IT IS" and on "Bare" or "Naked".
      • 2) No guarantees shall be granted nor warranties implied
      • 3) The Products are designed and manufactured according to the Japanese standards and requirements for use in Japan. When using the Products outside of Japan, it is required to confirm that the specifications of the Products comply or are adapted to comply with standards and requirements in a country where the Products are used.
  7. 7.Cancellation
    • No cancellation by the Customer will be allowed. If advanced payment is delayed due to any reason unacceptable to KiT or an order is cancelled, the Customer shall pay 20% of the price of the Product to as a liquidated damage.