General Provisions
1. Objective
ARTI MEZAT Auctions shall make transactions such as purchase and sale of vehicles in a fair and equitable way with its own system utilizing the public websites that provide information on vehicles with an aim of contribution to facilitate logistics of vehicles. Each regulation shall be set as shown below.
2. Definitions
- “The Company” shall be defined as “ARTI MEZAT Auctions”
- “The system” shall be defined as the auction system provided by ARTI MEZAT Auctions and, may mean as vehicle information data.
3. Membership System
The system is supposed to be available only for a company who became a member of our auction service (hereafter described as “Registered Member”) in accordance with the following Clause 4.
4. Registration
To become a member for the auction system, an applicant who has qualification as a Registered Member with conditions described in the following Clause 5, needs to apply form and register as a member of the system.
5. Qualifications
Registered Member is supposed to fulfill all the conditions described as follows:
- Sales offices related to automobile business should be permanently located in Japan and it should be fully operational.
- To deal with used automobiles, it should be certified as an antiquary by Public Safety Commission.
- All the paperwork such as registration as a company and submission of necessary documents should have been finished complying with laws and regulations. Also, it must own qualifications and warrants as necessary and fulfill the criterion.
- It should handle used automobile properly and smoothly for recycling, complying with laws and regulations (hereafter described as “Automobile Recycling Act”).
- It should not be in process of bankruptcy or any other problem such as civil rehabilitation proceedings, corporate arrangement, special liquidation or corporate reorganization.
6.
Authorization for Registered Member Qualification for a Registered Member shall be validated when the authorization for utilizing auction system and vehicle information data is confirmed after verifying the corporate information and current status.
7. Access to the Auction System and Utilization
- Registered Member needs to input log-in ID etc. provided from ARTI MEZAT Auctions in order to access to the auction system.
- Registered Member should bear the setup cost for an internet environment such as computer hardware/software, communication network including the contract with an internet service provider, and maintenance.
8. Manage IDs for members
- Registered Member should manage provided ID etc. very strictly so that it prevents the third party from acquiring or abusing it.
- Registered Member shall take full responsibility for any possible damages in case of defective administration, mistakes or abuses by a third party. ARTI MEZAT Auctions shall bear no responsibility for any of it.
- Registered Member should inform ARTI MEZAT Auctions immediately in case that the provided information such as ID etc. is stolen or any abuse by the third party is found.
9. Prohibitions
- Registered Member should not disclose the provided information such as ID etc. to a third party or let them use it.
- Registered Member should not put any link in the input space shown on the system display.
- Copyright of the auction contents belongs to ARTI MEZAT Auctions and the right holder who authorized ARTI MEZAT Auctions to utilize the system. Registered Member should not make any possible actions which could violate it.
10. Disclaimer
ARTI MEZAT Auctions shall make no compensation or bear no responsibility where any trouble occurred described as follows.
- In case of natural catastrophe, fire disaster, insurgence, blackout, or service outage. Also, possible breakdown due to the maintenance for telecommunication network, or any other problems of the server/host computer. In addition, temporary inaccessibility of the auction site could be considered where industrial dispute is occurred.
- In case of hardware failure due to internet connection problem such as computer virus or equipment breakdown on the telecommunication carrier side. Also, data disappearance or database failure could be considered in addition to other unpredictable accident, breakdown or trouble with others.
- In case of any other problems where insufficient/incorrect information is provided in the system.
11. Compliance
Registered Member shall comply with regulations stipulated on the system/document provided by ARTI MEZAT Auctions confirming it on a routine basis in addition to these regulations.
12. Notification and Submission
- Registered Member shall notify ARTI MEZAT Auctions immediately where there is any change in the provided corporate information such as the name of the representative person, company name, office address, company structure, any description of the businesses by means authorized ARTI MEZAT Auctions.
- While there is no notification described as above, ARTI MEZAT Auctions shall regard it as no change.
13. Utilization of information
Registered Member shall approve that ARTI MEZAT Auctions shall utilize the information provided/acquired by Registered Member itself for the purpose of dissemination for the system.
- Information toward the system.
- Distribution of the information on the auction system.
14. Abolition of the system
ARTI MEZAT Auctions shall be capable of abolish the system with notification announced in advance on the system display.
15. Restriction/Deprivation of membership for Registered Member
ARTI MEZAT Auctions shall be capable of restrict the system access for a Registered Member or deprive it of membership without any notification in case the Registered Member violate regulations as follows. The Registered Member shall not be able to charge ARTI MEZAT Auctions for a refund or any fee.
- Where the Registered Member lost the qualifications stipulated in the Clause 5.
- Where the Registered Member violates any regulations stipulated in this document.
- Where the Registered Member falls behind the payment for ARTI MEZAT Auctions Where the finance status of Registered Member becomes deteriorated such as compulsory execution, dishonored bill, or bankruptcy. In case that ARTI MEZAT Auctions regards the Registered Member lost the capability of good performance.
- In case a Registered Member is considered as inappropriate business partner to let it use the system or mutual trust between Registered Member and ARTI MEZAT Auctions is destroyed.
- In case any other inappropriate action is made by a Registered Member for operating the system.
- Only if there is no business deal for more than three years between Registered Member and ARTI MEZAT Auctions in addition to losing contact with the registered address or phone number.
16. Prohibition of re-registration
In case a Registered Member deprived of membership in accordance with Clause 15 shall not use the system once again.
17. After the deprivation of membership
- Where the membership of a Registered Member is terminated, ARTI MEZAT Auctions will erase the information such as ID etc. immediately.
- Even if the membership is terminated, sales deals closed before the membership termination shall be valid, which is also applicable to these regulations.
18. Transfer the rights and obligation
Registered Member should not transfer the rights and obligation generated based on these regulations to the third party or pledge it as collateral and so on.
19. Confidentiality
Registered Member is not allowed to use any information related to ARTI MEZAT Auctions or any other affiliate companies through these regulations for the purpose other than the auction system. Also, the one should not disclose or leak any information to the third party. For the record, it does not include the information which is already known without any responsibility on the Registered Member.
20. Changes of regulations
ARTI MEZAT Auctions can change these regulations without permission from any of Registered Members. In case changes are made, ARTI MEZAT Auctions is supposed to notify the Registered Members in writing or posting it on the top page of auction system. Changes will be valid after the notification.
21. Transaction method
- Registered Member shall make actions such as registration, exhibition, bid, finalization of bid on the system in accordance with these regulations and the protocol described in the website set by ARTI MEZAT Auctions.
- Available duration time of auction will be set on the system. In case an abort date will be generated, it should be indicated on the system in advance.
- ARTI MEZAT Auctions shall provide data on vehicles and take care of payment on behalf of buyer and seller. The transaction will be done between the vehicle data provider and buyer brought by a Registered Member who won a bid for the vehicle on the auction.
- ARTI MEZAT Auctions will not guarantee the fact that all the conditions such as purchase/product quality of vehicle fulfill the regulation stipulated in the following clause, the payment for the vehicle, or any payment for penalty etc.
22. Criteria
The registered vehicle should fulfill the requirements described as follows. Only for the vehicle authorized by ARTI MEZAT Auctions, it could be allowed in exceptional circumstances.
- Vehicles should be owned by the data provider with its distributorship.
- The storage should be in Japan with an agreement of consignment.
- Vehicle should be irrelevant to any legal problems.
- Vehicle should be safe to human bodies.
23. Bid
- Registered Member shall make a bid in accordance with the protocol stipulated in the website.
- Registered Member shall make a bid after confirming the detailed information on the vehicle well. ARTI MEZAT Auctions will consider that bidding company acknowledged well regarding the vehicle sold in the auction system.
24. Close bid
- Winner shall be a Registered Member who made the highest bid exceeding wish price designated in the vehicle information.
- Even if the highest bid price is under the initial price set by ARTI MEZAT Auctions, it might make the Registered Member who made the highest bid as a winner.
- In case the highest bidder makes a cancelation, ARTI MEZAT Auctions might hand it over to the second highest bidder (exceeding the wish price) after confirming with the vehicle data provider.
25. Prohibitions of direct dealing
- Registered Member is not allowed to make any direct dealing for the vehicle registered on the auction system.
- In case a Registered Member make a direct dealing violating the before-mentioned regulation, it shall make additional payment which is three times of the selling price as penalty charges in addition to the vehicle price.
26. Payment by the highest bidder
The highest bidder is supposed to make payment for the vehicle, vehicle tax based on description in the following clause 28, auction fee and consumption tax within 03 business days, transferring the money to the bank account designated by ARTI MEZAT Auctions. If the bank is closed on the third day, the last day will be the following business day. Only if the highest bidder does not make payment by deadline, delinquent charge shall be generated at the rate of 20% per year. Even if the bidder does not make payment within 03 business days, ARTI MEZAT Auctions would consider that the deal is canceled and impose 150.000 Turkish Lira on the bidder as a cancelation penalty in addition to 100.000 Turkish Lira for the additional paperwork fee with bank transfer fee.
27. Pick up the vehicle and paperwork
- ARTI MEZAT Auctions will arrange the transportation of the purchased vehicle to the bidder’s given address once the payment is received.
- The bidder is supposed to erase personal information left on the vehicle right after the vehicle delivered to the bidder’s address. the bidder must submit the proof photo image of the vehicle immediately after finishing the required measures. In case the bidder does not follow the rule, ARTI MEZAT Auctions will impose 150.000 Turkish Lira on the bidder as a cancelation penalty in addition to 100.000 Turkish Lira as an additional paperwork fee.
28. Vehicle tax
- If there is remaining term of automobile inspection except in case the vehicle is light automobile, the bidder shall deposit the money equivalent to the vehicle tax until the year-end before the beginning date of the contract.
- The deposit described in the previous clause will be settled by ARTI MEZAT Auctions based on the criteria described below after the notification of change/erase regarding registration name on the vehicle. In case there is remaining money to be reimbursed to the bidder, ARTI MEZAT Auctions will handle immediately.
[Criteria for settlement of the deposit]
- It will be reimbursed to the bidder in case erasing information on the vehicle is done by the end of the month of the deal conclusion.
- If erasing information is done after the month of deal conclusion, the money for the carryover will be paid to the previous owner and the rest will be reimbursed to the bidder.
- In case the owner name is changed, all the money will be paid to the previous owner.
- In case the vehicle is a standard-sized automobile and contract date is within March, the bidder shall make deposit of vehicle tax for the following year and make payment for vehicle tax to the previous owner after taking care of registration change/erase paperwork and make a reimbursement payment to the bidder for the rest.
- In case the vehicle is light automobile and contract date is within March, the bidder shall make deposit of 50,000 Turkish Lira. After finishing registration change/erase paperwork, ARTI MEZAT Auctions will make payment which is equivalent to the vehicle tax for the year to the previous owner and make reimbursement for the rest to the bidder. If the registration change/erase is completed within March, 50,000 Turkish Lira of deposit will be reimbursed to the bidder.
29. Notification of the owner name change
- The bidder must send the copy of the automobile inspection certificate or the proof of erasing information on the vehicle at the bidder’s expense after finishing the registration and erasing the previous owner’s information by the end of the following month.
30. Appropriate disposal
- In case the vehicle will be supposed to be scrapped, the bidder must handle it following the protocol stipulated in the Automobile Recycling Act and other related regulations.
- In case the bidder causes any damage to ARTI MEZAT Auctions or the previous owner violating these regulations, the bidder should compensate for all the damages.
31. Reduction of the price and annulment of the contract due to the wrong information on the vehicle
- In case there is any problem described in the below chart after acquiring the vehicle, the bidder shall make a complaint to ARTI MEZAT Auctions. Only if the complaint was confirmed as the fact by ARTI MEZAT Auctions, reduction of the price will be authorized. When it is recognized as serious matter, annulment of the contract could be implemented. In case the contract is cancelled, reimbursement should include vehicle price, auction fee, shipping cost of the required documents, recycling fee and delivery cost without penalty fee.
Fact | Deadline to claim | |
1 | Significantly different condition compared to the vehicle information shown on the auction system (excluding specification sheet of the vehicle) | Within 03 business days after the auction was closed |
2 | Different condition compared to the vehicle information shown on the auction system (in case the delivery was done by a land route by ARTI MEZAT Auctions) | Within 01 business day after the delivery of the vehicle |
3 | Insufficient documents of the vehicle and wrong information | Within 02 business days after the vehicle documents received. |
4 | Fake running distance record (rewinding the odometer including switching the original odometer to other one) | Within 20 days after the auction was closed (Within 05 business days after the reception of the documents in case it found in the maintenance notebook) |
5 | Found as a stolen vehicle, or fabrication/counterfeit on the documents. The vehicle belongs to the third party or there is any doubt that the bidder will not be able to acquire the ownership of the vehicle for some reason. | Within 06 Months after the auction was closed |
- In case ARTI MEZAT Auctions received any notification described above, the compensation will be paid within one month for the damages acknowledged. Only if the notification is about reduction of the cost, the reimbursement will be paid within one month.
32. Denial of contract cancellation or price reduction
Annulment of the contract or reduction of the price will not be approved in case of the reason described below except in cases ARTI MEZAT Auctions approves that it deserves contract cancellation, or the amount of price reduction is understandable.
- Unless significantly wrong information compared to the vehicle information and status comments on the auction system
- In case the bidder resold the vehicle to the third party, or posted it on another auction and somebody else acquired
- The bidder made the vehicle condition worse on purpose without notification
- Vehicle exported to overseas country (including passing through domestic customs)
33. Cancellation
ARTI MEZAT Auctions will accept cancellation from the previous owner or the bidder only with these conditions described below. The previous owner and bidder are supposed to agree with it.
In case the bidder will be allowed by ARTI MEZAT Auctions to cancel the bid for the vehicle during the auction
- If the auction is not closed yet, the bidder will be able to cancel the bid paying as an additional paperwork fee.
34. Handling complaints, trouble and penalty
- Registered Member must make every effort to settle the complaints regarding auction deals with deep understanding and great cordiality peacefully as quick as possible.
- ARTI MEZAT Auctions shall make a fair judgement based on these regulations in case a complaint comes up regarding the auction deals and the Registered Member shall basically abide by the decision made by ARTI MEZAT Auctions.
35. Damages by natural disaster or terrestrial disaster
ARTI MEZAT Auctions will not take any responsibility for the breakdown or damages caused by natural disaster, terrestrial disaster or any other reason which is irrelevant to ARTI MEZAT Auctions regarding the vehicles on auction.
36. The court for the settlement of a conflict
In case a conflict occurred between the Registered Member and ARTI MEZAT Auctions, both are supposed to agree that the court in charge will be the one which has jurisdiction over the area where the headquarter office of ARTI MEZAT Auctions is located.
Prepared by ARTI MEZAT Auctions on 31st March 2024.