GENERAL TERMS OF SERVICE
MAFYS US, Inc. is a US company registered in the State of California, whose head office is located at 848 N. Rainbow Bld. Suite 574, Las Vegas, NV 89107 - USA.
On the one hand, hereinafter referred to as either the "Service Provider" or "MAFYS US".
And on the other, any individual signing a contract to outsource services to MAFYS US.
Hereinafter referred to as the "Customer".
The business of MAFYS US:
MAFYS US proposes a substitution mandate for its Customers and a service agreement that subcontracts the organisation and coordination of vehicle delivery from the USA.
Subcontracted services provided by MAFYS US:
MAFYS US exclusively organises the delivery of items from the USA via specialized service providers. Such as "vendors, carriers, experts, and freight forwarders etc."
Other services are available on demand under "Options".
Delivery to the Customer's residence or any specifically designated location.
Any service or assistance within the capabilities of MAFYS US.
Payment of the vehicle can be made through MAFYS US.
Establishment of a cash reserve account
Any Customer contracting MAFYS US services must pay particular attention to the content of the advertisement concerning the item purchased and transported to a designated location, thereby discharging MAFYS US from any liability as to the selection of the item.
MAFYS US is never involved in this selection process.
Furthermore, if, under the option selected, MAFYS US is requested to provide an opinion on the said items, this will only be in an advisory role and not as an expert. Only an "Expert", hired by the Customer, will be considered to provide an official opinion, legally binding on the said Expert. MAFYS US provides a non-exhaustive list of experts. The Customer is completely free in his choice.
The options proposed by MAFYS US are only to ensure its customers maximum ease and assistance.
Specific case for vehicles sold by Sellers located in the USA:
Potential MAFYS US customers, hiring MAFYS US for a basic assignment such as arranging the repatriation of a vehicle, must provide through the MAFYS US site the references of the advertisement, the site where it appears, and the items included on that advertisement.
Any specific request must be made through one of our consultants responsible for providing additional information about the use of our site http://www.mafys.us.
After an exchange of emails with MAFYS US, the Customer chooses the service package he wishes to use.
PAYMENT PROCEDURES FOR MAFYS US SERVICES AND/OR THE SELECTED PACK.
Payment for goods and services ordered from MAFYS US is as follows:
For the purchase of a vehicle.
- For the Pack selected:
The Customer will send an international bank transfer within three (3) days of its agreement; MAFYS US will indicate the exact amount corresponding to the chosen Pack.
Once the transfer is made, the Customer has contracted MAFYS US and can no longer renounce the mandate.
If the acquisition of the vehicle does not go through for any reason whatsoever, the amount paid for the Pack remains vested with MAFYS US since the non-fulfillment of the acquisition stems exclusively from the seller (vehicle does not conform to its description etc.) In this situation, the amount paid will be credited to the Customer's account for his next acquisition.
- Purchase of a vehicle without MAFYS US's intervention:
After the settlement of the selected Pack, the Customer shall immediately convey all the elements corresponding to the selected vehicle's advertisement.
Upon receipt of the bank transfer and vehicle information, the procedure defined in the selected pack will be fully implemented. Payments concerning the vehicle's reservation and the balance of the acquisition transpire directly between the buyer and seller. MAFYS US is only directly paid for its services.
If for some reason the vehicle is unavailable, the buyer must be informed as soon as possible.
Beyond a reasonable period of delay, the Customer can request that the seller refund the amounts paid.
In all cases, MAFYS US cannot be held liable in situations of litigation and/or disputes with the seller.
- Purchase of a vehicle through MAFYS US's intervention:
This procedure is an option offered to MAFYS US Customers.
This option costs 2.5% of the vehicle's total purchase price. This represents the total amount of the transfer of funds charged to MAFYS US along with $150 for administrative fees. This option can be implemented to simplify and facilitate the acquisition. MAFYS US Customers are under no obligation to use this option. It should be pointed out that if a Customer uses this option, MAFYS US, only serving as a mailbox, cannot be held liable if any problems ensue.
After the settlement of the selected Pack in accordance with the previous section, the Customer shall immediately convey all the elements corresponding to the selected vehicle's advertisement.
Upon receipt of the information contained therein, MAFYS US carries out routine verifications and then contacts the seller.
MAFYS US verifies whether the vehicle shown on the ad (model, make, and year, etc.) matches the vehicle being sold by the seller.
MAFYS US will question the seller about the vehicle's general condition. MAFYS US will then report the seller's responses to its Customer via email.
The latter will decide whether to pursue the purchase, with or without an expertise, or to discontinue the acquisition.
MAFYS US stresses that it only forwards to the Customer the information provided by the seller, and the Customer alone decides whether or not to pursue the acquisition. MAFYS US's opinion is solely advisory and cannot be interpreted as an expert opinion; it does not engage its present and future liability.
At this point, MAFYS US's Customer may choose the "Expertise" Pack option if he has not already done so.
If this decision comes after having already chosen the Standard Pack, the Customer will have to send by international transfer the additional cost between his initial Pack choice and his new choice.
Upon confirmation of the order, the invoice corresponding to the choice of the Pack as well as the various options is sent to the Customer.
To respond to seller urgency and avoid missing good deals, MAFYS US allows its customers or anyone wishing to acquire a vehicle in the US market to constitute, all at once or in several installments, a cash reserve representing all or part of the contemplated acquisition. This cash reserve will not be invoiced or remunerated. It will be returned upon first request by email, less any costs incurred by MAFYS US for expert appraisals, the purchase of a Pack corresponding to the selected option, and bank management fees. The remittance will be made by international transfer. The cost shall be borne by the Customer.
If the Customer wishes to obtain an expertise and after full payment of this option, if it is not already included in the Pack chosen, MAFYS US will send the Customer a non-exhaustive list of experts to choose from.
The expertise file includes:
- Quality photos to better appreciate the condition of the vehicle; the number of photos may vary depending on the Pack choice.
- If necessary, quality videos to better appreciate the condition of the vehicle; the number and length of the videos may vary depending on the Pack choice.
The Expert's appraisal will be sent to the Customer upon receipt.
After reading this report the MAFYS US Customer will decide whether to go forward with this acquisition. It being clear that a vehicle that is one or several decades old cannot be considered new and, depending on the sale price, the Customer must take into account restoration work according to the vehicle's intended future use. The lower the selling price compared to the rating of the same model in its "restored vehicle" condition, the higher the restoration budget after the acquisition.
Vehicle payment procedure:
Immediate payment of a reservation deposit by international bank transfer, if the seller specifically requests, addressed to MAFYS US according to indications provided by email.
The receipt of this deposit, enables MAFYS US to immediately lock-in the sale of the vehicle for the Customer.
Thereafter, MAFYS US will implement all the operations initially listed in the selected Pack.
The payment order is irrevocable.
The Customer expressly agrees to make payment of the vehicle by bank transfer in US dollars, net of the deposit if the seller requested one, within five days from the validation of the purchase, either directly to the American seller, whose bank details are attached to the order form for direct settlement, or to MAFYS US if this payment option is included.
The Customer must send a proof of transfer from the bank by email to MAFYS US in order to expedite the export process.
All requests for additional invoices, not including the original invoice, will be charged $90.
The payment of funds through MAFYS US will only be made to the seller if the vehicle is actually available and fully corresponds in every respect to the advertisement published by that seller.
PARTICIPATE IN AN AUCTION with or without a Reserve price
With or without knowledge of the reserve price, the Customer wishing to hire MAFYS US to participate in an auction on his behalf, must first purchase a Pack as well as transfer funds corresponding to his bidding limit. This payment and transfer must reach MAFYS US before the auction starts.
The payment procedure is the same as that of a normal vehicle acquisition via MAFYS US.
If the Customer does not win the auction, he can choose to leave the funds in a "Cash reserve" (see this chapter). This cash reserve will enable the Customer to either participate in another auction, to directly acquire a different vehicle, or to request the return of the funds. In this case, the $1,000 expense corresponding to participating in the auction will be deducted, and the price of the Pack selected will be refunded.
DELIVERY "General provisions"
MAFYS US commits to delivering the acquired vehicle within an average of sixty (60) days from the payment date, depending on the location of the vehicle in the US, the real-time transport by boat, and the ground transport if delivery is other than the port of customs clearance.
This period may be extended in cases of force majeure such as transport strikes, severe weather, or fire etc. or simply upon the Customer's request in order to make repairs, restorations, and/or a delay in domestic transport.
Under no circumstance shall MAFYS US be held liable for any delivery delays caused by an event beyond its control.
The port of delivery will depend on the port of departure. The Customer can choose another port of arrival. The Customer must inform MAFYS US of this upon purchase of the vehicle.
The Customer expressly acknowledges having been informed that the delivery costs are borne by him, and that they may vary according to his choice of the port of arrival. MAFYS US will provide an indication of the cost of changing the port of arrival compared to the initial cost.
The goods ordered travel at the buyer's risk and peril. The Customer will be able to insure his acquisition. Upon request MAFYS US can provide the Customer a non-exhaustive list of insurance companies capable of insuring the acquisition. The total cost is born by the Customer, who must pay the insurance company directly.
WARRANTY AND AFTER-SALES SERVICE
Regarding the condition of the goods, and the vehicles in particular, upon arrival:
Any dispute regarding the condition of the product or vehicle upon arrival must be made by registered letter with acknowledgement of receipt (A.R) to the carrier within three (3) days of delivery with all items of evidence.
MAFYS US cannot be held liable.
The Customer expressly acknowledges that MAFYS US does not assume any warranty or after-sales service concerning the products purchased, similarly with regard to the vehicles. Only the seller can ensure an after-sales service if this is expressly indicated by the seller in the purchase documents. In this case, it is up to the Customer to discuss this directly with the seller. MAFYS US must be notified of any problems occurring with a seller to avoid dealing with him in the future.
CANCELLATION OF YOUR PURCHASE
In case of cancellation of your purchase outside of recognized instances, such as: Vehicle is not available, vehicle does not conform to the description of the ad, a "non-market" vehicle, or for any cause under the sole responsibility of the seller. For any other reason stemming from the decision of the buyer, all of the agency fees, logistical costs, transport expenses, booking of the container, and in general all costs for any action taken, will be lost.
It is recalled that MAFYS US intervenes in the procurement process according to the selected options, at the specific request of our customers, replacing him for the purpose of carrying out the repatriation of his purchase and, depending on the option chosen, in the payment of the seller.
MAFYS US is not positioned as a sales intermediary but as a simple representative of its Customer, acting under a substitution mandate for its Customer.
Consequently, MAFYS US cannot be held liable in any capacity whatsoever both with respect to the seller and the Customer in the event the acquisition of the vehicle is not concluded, or for any problems arising after the delivery of the vehicle.
As expressly acknowledged by the Customer, MAFYS US is only responsible for its own breaches of its own assignments.
In case of a dispute relating to the interpretation and/or execution of the present, the parties agree that, prior to any legal action, they will undertake to find the best of solutions between them. If unsuccessful, they agree as a last resort to submit their disputes to the Mediation and Arbitration Centre of the State of NEVADA.