CHAPTER
1
GENERAL RULES
| Article
1 |
Application
of These Terms and Conditions |
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| |
-
Under these Terms and Conditions ABC Service Co., LTD. ("the
Company") rents a motor vehicle ("Rental Vehicle") to the
Renter (hereinafter including additional authorized driver
(s)). All the drivers shall comply with the Terms and Conditions
of this Agreement. Particulars not provided by these Terms
and Conditions shall be in accordance with the laws, regulations
and general customs.
- The
Company may enter into any special agreement, provided that
it is not contrary to the purport of these Terms and Conditions,
the laws, regulations and general customs. In this case
the special contract shall have preference to these Terms
and Conditions.
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CHAPTER
2
RENTAL AGREEMENT
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| |
-
The Renter can make reservations upon specifying in advance
the class of the Rental Vehicle, the commencement date and
time of rental, the renting and returning place, the period
of rental, the driver's name, and other conditions, if any,
required for renting the Rental Vehicle and the Company
shall comply with such specifications to the extent that
the Rental Vehicle is available for such rental.
- In
case of need to use equipments such as Child Seat, regulated
by laws and ordinances, or Car Navigation System, the Renter
shall make reservations for those at the same time of the
reservations in the above Clause.
- For
the reservations in the above two Clauses, a booking deposit
("Deposit") stipulated separately shall be paid by the Renter.
- The
reservations shall be deemed to have been cancelled when
the agreement of renting a Rental Vehicle ("Rental Agreement")
is not concluded one hour or more from after the time of
rental commencement which was booked in accordance with
the above Clause 3.
- In
case the rental conditions provided in Clause 1 of this
Article are to be changed, the consent of the Company must
be obtained in advance. However, agencies such as travel
agents or alike which have an agreement with the Company
to be given an authority to undertake reservations on behalf
of the Company, can effect its cancellations, changes or
alike.
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| Article
3 |
Conclusion
of the Rental Agreement |
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| |
- The
Company will conclude the Rental Agreement in accordance
with the Renter's application, except in case that there
is no appropriate vehicle available to rent or that the
Renter comes under any of the provisions of Article 9.
- The
application for renting a Rental Vehicle shall be made by
specifying the rental conditions and period of the rental
prescribed in Clause 1 and 2 of the above Article 2.
- When
the Rental Agreement is concluded, the Company shall receive
the rental charge ("Rental Charge") as prescribed separately.
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| Article
4 |
Realization
of the Rental Agreement |
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| |
- The
Rental Agreement shall have been concluded, when the Company
has received the Rental Charge and has delivered the Rental
Vehicle to the Renter. In this case, the Deposit shall be
allotted as part of the Rental Charge.
- The
Company may rent a vehicle of different class ("Substitute"),
in case the Company is unable to rent a vehicle of the same
model that the Renter has reserved, due to accidents, theft
or any other thing for which the Company is not responsible.
- When
the Rental Charge for the Substitute under the above Clause
2. is higher than the Rental Charge for having been applied,
the payable amount for the Substitute shall be the same
as for such applied. When it is lower than the Rental Charge
for having been applied, the payable amount shall be that
for the said Substitute.
- The
Renter may refuse to receive the Substitute in accordance
with the above Clause 2. and may cancel the reservation.
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| Article
5 |
Cancellation
of the Rental Agreement |
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| |
- The
Company may cancel the Rental Agreement and immediately
demand the Renter to return the Rental Vehicle without any
notification or whatsoever, when the Renter should come,
during the rental period, under the provisions of any of
the following items. In this case, the Company shall not
restore the Rental Charge having been received under the
above Article 4.
| (1) |
When
these Terms and Conditions are violated, |
| (2) |
When
any accident (including traffic accident), the cause
of which can be imputed to the Renter, has occurred. |
| (3) |
In
case of anything coming under the provisions of Article
9. |
- The
Renter may cancel the Rental Agreement in case the Renter
becomes unable to use the Rental Vehicle due to any defect
which has occurred before it is delivered, unless otherwise
the measures are taken in accordance with Clause 3 of Article
22.
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| Article
6 |
Termination
of the Rental Agreement due to Force Majeure |
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|
- In
case the Renter becomes unable to continue the use of the
Rental Vehicle for reasons of a natural disaster or any
other force majeure during the rental period, the Rental
Agreement shall terminate.
- If
anything which falls within the above Clause should occur,
the Renter shall inform the Company of such fact.
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| Article
7 |
Cancellation
of the Rental Agreement before Termination |
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|
- The
Renter may cancel the Rental Agreement, even during the
rental period, upon obtaining the consent of the Company.
In this case, the Renter shall pay the cancellation fee
as provided in Article 25.
- If
the Rental Vehicle is returned during the rental period
in accordance with an accident or a breakdown which is imputed
to the Renter, the Rental Agreement shall be deemed to have
been cancelled.
- If
the Rental Vehicle is returned for
the above Clause, the Company shall not restore the Rental
Charge having been received under Article 4.
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| Article
8 |
Changes
in Rental Conditions |
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|
- When
the Renter desires to change such rental conditions as specified
in Clause 2 of Article 3 after the Rental Agreement has
been concluded, the consent of the Company shall be obtained
beforehand.
- If
any impediment is expected to arise in the execution of
rental business of the Company due to changes in the rental
conditions provided in the above Clause 1, the Company will
not consent to such changes.
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| Article
9 |
Refusal
to Conclude the Rental Agreement |
|
In
case the Renter comes under one of the following provisions,
the Company reserves the right to refuse to conclude the Rental
Agreement.
| (1) |
When
the acceptable driver's license necessary to operate
the Rental Vehicle is not presented to the Company by
the person who desires to rent/operate the Rental Vehicle. |
| (2) |
When
the Renter is under the influence of alcohol, |
| (3) |
When
the Renter displays toxic symptoms due to narcotics,
stimulant drugs, thinner, etc., |
| (4) |
When
other than the driver (s) designate (s) at the time
of reservation appear (s) to receive the Rental Vehicle. |
| (5) |
If
any default has been made in payment of the Rental Charge
in the past. |
| (6) |
When
the Renter has behaved in a manner which is applicable
to the items in Article 17. |
| (7) |
When
the Renter has behaved in a manner which is applicable
to the items in Article 30, including car rental from
other companies. |
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CHAPTER
3
RENTAL VEHICLE
| Article
10 |
Commencement
Date, Time, etc. |
|
|
The
Company shall rent the Rental Vehicle as designated in Article
14 at the commencement date and time, and at the renting place
specified as in Clause 2 of Article 3.
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| Article
11 |
How
to Rent, etc. |
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|
- The
Company shall rent the Rental Vehicle to the Renter, after
having confirmed, together with the Renter, that the Rental
Vehicle has no defects by the practice of the routine checkup
and maintenance prior to the Operation, which is provided
in Paragraph 2 of Article 47 of the Road Transport Vehicle
Law, and the checkup of the Rental Vehicle exterior and
accessories, according to the check-list which is separately
provided.
- In
case the Company detects any defect of the Rental Vehicle
upon checkups as in the above Clause 1, it shall exchange
the said Rental Vehicle for another or take any other disposition
necessary.
- At
the time of delivery of the Rental Vehicle, the Company
shall issue to the Renter the automobile certificate, having
the contents prescribed by the director of the District
Land Transport Bureau or by the director of the Land Transport
Office of the Okinawa General Affairs Bureau.
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CHAPTER
4
RENTAL CHARGE
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- The
Rental Charge that the Company receive provided in this
CHAPTER 4 shall be set forth according to the rental tariff
notified to the Land Transport Office of District Bureau
of Transport and Land Transport Office of the Okinawa General
Affairs Bureau and being implemented by the Company at the
time of Rental.
- The
Rental Charge that the Company receive shall be the total
amount of the regular charge and other supplementary charges,
if any.
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| Article
13 |
Measurement
pursuant to Revision of The Rental Charge |
|
| |
When
the Rental Charge as in the above Article 12 is changed after
the reservation has been made according to Article 2, the
Rental Charge shall be as according to the rental tariff applied
at the time of reservation, notwithstanding Clause 1 in the
above Article 12.
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CHAPTER
5
RESPONSIBILITIE
| Article
14 |
Periodical
Inspection and Maintenance |
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| |
The
Company shall rent Rental Vehicles after practicing the periodical
inspection and maintenance job as provided in Article 48 of
the Road Transport Vehicle Law.
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| Article
15 |
Routine
Checkup and Maintenance prior to the Operation |
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| |
During
the rental period, the Renter shall conduct the routine checkup
and maintenance of the Rental Vehicle daily prior to the Operation,
as provided in Paragraph 2 of Article 47 of the Road Transport
Vehicle Law.
|
| Article
16 |
Renter's
Managerial Responsibilities |
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| |
- The
Renter shall observe the duties with the care of a good
manager in operating and maintaining the Rental Vehicle.
- The
managerial responsibilities as in the above Clause 1 shall
begin when the Rental Vehicle is received by the Renter,
and end when it is returned to the Company.
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| Article
17 |
Prohibited
Acts |
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| |
During
the rental period, the Renter shall not act in any of the
following items:
| (1) |
To
use the Rental Vehicle for transportation undertakings
or for simillar purposes without obtaining the consent
of the Company or the permission based on the Road Transport
Law, |
| (2) |
To
use the Rental Vehicle for hire, to deposit it for security,
or any other acts which would infringe the ownership
rights of the Company, |
| (3) |
To
change the original form of the Rental Vehicle by falsification
or defacement of its automobile register number plate
or license number plate, or rebuilding or redesigning,
or any other act of changing its original form, |
| (4) |
To
use the Rental Vehicle for any kind of test or competition,
or for towing or pushing any other vehicles, without
obtaining the consent of the Company, |
| (5) |
To
allow a person (s) other than the Renter and the driver
(s) specified as such in the Rental Agreement provided
in Clause 2 of Article 3 to drive the Rental Vehicle. |
| (6) |
To
use the Rental Vehicle, violating the laws or public
order and good customs, |
| (7) |
To
subscribe to damage insurance for the Rental Vehicle
without obtaining the consent of the Company. |
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| Article
18 |
Obligation
to Carry Automobile Rental Certificate |
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| |
- During
the rental period the Renter shall carry the Automobile
Rental Certificate issued in accordance with Clause 3 of
Article 11.
- If
the said Automobile Rental Certificate should have been
lost, the Renter shall notify the Company of such fact immediately.
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| Article
19 |
Liability
for Indemnity |
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| |
- In
case the Renter causes the Rental Vehicle to incur damage
by any accident, the cause of which is imputed to the Renter,
the Renter shall pay to the Company the damages which are
prescribed separately as the compensation for loss resulting
from non-usability of the Rental Vehicle during its reparing
period. The Company shall publicize the amount of such compensation
in its tariff table.
- Besides
the above Clause, the
Renter shall bear the liability for indemnifying such loss
as the Renter causes a third party or the Company to incur
by operating the Rental Vehicle. Provided, however, this
shall not apply when the cause for such loss is not imputed
to the Renter.
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CHAPTER
6
MEASURES FOR AUTOMOBILE ACCIDENTS, ETC.
| Article
20 |
Accident
Disposal |
|
| |
- When
the Rental Vehicle is involved in any accident while the
Rental Vehicle is being rented, the Renter shall take the
measures required by the laws and regulations, regardless
of whether the accident is serious or not, and dispose of
it in accordance with the following provisions:
| (1) |
To
report immediately to the Company on the situation
of the accident, |
| (2) |
To
submit to the Company without delay the documents
and evidence concerning the said accident deemed necessary
by the Company and the insurance company with which
the Company has made a contract, |
| (3) |
To
obtain the consent of the Company beforehand when
making a settlement or coming to an agreement with
a third party concerning the said accident, |
| (4) |
To
have the Rental Vehicle repaired at the Company or
at a repair shop designated by the Company, except
the case of particular reason to be applied. |
- In
addition to the above mentioned in Clause 1, the Renter
shall endeavor to find any settlement for the accident on
its own responsibility.
- The
Company shall furnish the Renter with advice about the accident
disposal in which the Rental Vehicle is involved, and collaborate
with the Renter in securing its settlement.
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- The
Company shall, in accordance with the compensation systems
provided by the Company, cover the liability for loss indemnity
borne by the Renter as in Clause 2 of Article 19, with the
following limits of coverage.
| (1) |
Third
party liability coverage:
Bodily injury/death per person -- Unlimited |
| (2) |
Property
damage liability coverage:
Per accident - Maximum ¥ 5 million (Deductible
¥ 50,000) |
| (3) |
Rented
vehicle damage liability coverage:
Per accident - Current value
[Deductibles]
| S
- WA Class |
|
¥50,000 |
| K
Class |
|
¥70,000 |
| L
Class |
|
¥100,000 |
|
| (4) |
| Passenger
coverage |
: |
10
million yen per passenger |
|
|
|
**Maximum
coverage of hospitalization or medication per
passenger is 180 days from the date of accident.
|
| Death |
: |
10
million yen per authorized number of passengers |
| Medication |
: |
5,000
yen per day |
|
Hospitalization |
: |
7,500
yen per day |
| After
affects |
: |
to
be decided with maximum amount of 10 million
yen. |
|
- Loss
in excess of the limits provided in the above Clause 1 shall
be borne by the Renter.
- If
the Company has paid a loss amount which shall be borne
by the Renter, the Renter shall immediately repay the amount
to the Company.
- The
deductibles of the compensation systems shall be borne by
the Renter apart from the case of special contracts.
- Liability
coverage of above Clause 1 may not be applied to such accident
as follows.
The
accident which is not notified to the rental office of
the Company and to the police,
The accident any of the escape clauses of the damage insurance
contract is applicable,
The accident occurred and comes under one of the provisions
of (1), (2), or (3) of Article 9 after it was rented,
The accident comes under one of the provisions of (1),
(2), (3), (4) or (5) of Article 17,
The accident caused in the period that is prolonged by
the Renter without obtaining the permission of the Company.
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| Article
22 |
Measures
for Breakdown, etc. |
|
|
- If
any abnormality or breakdown is detected in the Rental Vehicle
during its rental period, the Renter shall immediately discontinue
its operation and contact the Company, observing its instructions.
- The
Renter shall bear the costs required for the collection
and repair of the Rental Vehicle, in case of abnormality
or breakdown of the Rental Vehicle due to the Renter's intention
or fault.
- In
case the Rental Vehicle can not be operated due to any defect
having been occurred before it was rented, the Renter may
be offered a Substitute by the Company or receive services
corresponding to offering Substitutes.

- The
Renter shall not claim more to the Company for the damage
caused by the impossibility of operating the Rental Vehicle
than provided in the above Clause 3.
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| Article
23 |
Exemption
due to Force Majeure |
|
| |
- In
case the Renter fails to return the Rental Vehicle within
the rental period due to a natural disaster or any other
force majeure, the Company shall not claim to the Renter
damages caused due to this. In this case the Renter shall
immediately contact the Company, observing its instructions.
- In
case the Company cannot offer the Rental Vehicle or the
Substitute due to a natural disaster or any other force
majeure, the Renter shall not claim to the Company damages
caused by this. In this case the Company shall contact the
Renter immediately.
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CHAPTER
7
CANCELLATION, REFUNDMENT, ETC.
| Article
24 |
Cancellation
of the Reservation, etc. |
|
| |
- The
Renter shall pay a penalty as provided separately when the
Renter cancels the reservation or does not conclude the
Rental Agreement for Renter's own reasons after having made
the reservation as in Article 2, or when the Renter is unable
to use the Rental Vehicle for the lack of the equipments
specified in the Clause 2 of Article 2. When this penalty
is paid, the Company shall restore the Deposit.
- The
Company shall restore the Deposit and pay a penalty as provided
separately, when the Company cancels the reservation or
does not conclude the Rental Agreement for reasons of its
own after having received the reservation as in Article
2.
- The
reservation shall be deemed to have been cancelled when
the Rental Agreement is not concluded for reasons other
than provided in Clause 2 above after it has been made as
in Article 2. In this case the Company shall restore the
Deposit.
- Excepting
the case provided in above 3 Clauses, the Company and the
Renter shall make no claims whatsoever to each other with
respect to non-conclusion of the Rental Agreement.
|
| Article
25 |
Cancellation
Fee |
|
| |
- When
the Renter cancels the Rental Agreement during the rental
period as in Clause 1 of Article 7, the Renter shall pay
the following cancellation fee which is calculated as follows,
in addition to the Rental Charge corresponding to the rental
duration up to the cancellation.
Cancellation fee = {(Regular rate corresponding to the total
rental period) - (Regular rate corresponding to the duration
from the commencement of rental to its return)} multiplied
by 50%
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| Article
26 |
Refundment
of the Rental Charge |
|
| |
- In
case of any of the following cases, the Company shall restore
all or part of the Rental Charge having been received from
the Renter in accordance with the following respective provisions.
| (1) |
The
total Rental Charge having been received, when the
Renter cancels the Rental Agreement, in accordance
with Clause 2 of Article 5. |
| (2) |
The
balance with the amount corresponding to the duration
from the commencement of rental to the termination
of the Rental Agreement, deducted from the total Rental
Charge having been received, when the Rental Agreement
terminates in accordance with Clause 1 of Article
6. |
| (3) |
The
balance with the amount corresponding to the period
from the commencement of rental to its return due
to the cancellation, deducted from the total Rental
Charge having been received, when the Renter makes
the halfway cancellation as in Clause 1 of Article
7. |
- In
case of restoration in the above Clause 2, the Company may
offset this amount of restoration against the receivable
cancellation fee or other amounts, if any.
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CHAPTER
8
RETURN OF THE RENTAL VEHICLE
| Article
27 |
Confirmation
of the Rental Vehicle |
|
| |
- At
the time of return of the Rental Vehicle to the Company,
the Renter shall return it in the same condition as confirmed
at the commencement of rental, except for ordinary wear
and tear due to the normal operation.
- At
the time of return, the Company shall check the Rental Vehicle
in the presence of the Renter.
- At
the time of return, the Renter shall confirm, in the presence
of the Company, that no article belonging to the Renter,
driver (s) or passenger (s) has been left behind in the
Rental Vehicle. The Company shall bear no responsibility
for such items, after the completion of return of the Rental
Vehicle.
|
| Article
28 |
Time
of Return of the Rental Vehicle, etc. |
|
| |
- The
Renter shall return the Rental Vehicle at or before the
termination of its rental period.
- When
the rental period is changed in accordance with Clause 1
of Article 8, the Renter shall pay either the Rental Charge
for the total duration after the change, or the Rental Charge
for the original period plus the excessive charge, the lower
of which shall apply.
- If
the Rental Vehicle is returned in excess of the rental period
without obtaining the consent of the Company in accordance
with Clause 1 of Article 8, the Renter shall pay the penalty
as follows: Penalty = Total amount of the excessive time
multiplied by the unit rate of the excessive charge multiplied
by 300%
|
| Article
29 |
Place
for Return of the Rental Vehicle, etc. |
|
| |
- The
Rental Vehicle shall be returned to the place specified
in accordance with Clause 2 of Article 3, provided, however,
in case the place for the return is changed in accordance
with Clause 1 of Article 8, the Rental Vehicle shall be
returned to the place determined subsequent so such change.
- In
the case under the provisory stipulation in the above Clause
1, the Renter shall bear the expenses for the transportation
made necessary due to the change of the place of return.
- If
the Rental Vehicle is returned to a place other than specified
in Clause 2 of Article 3 without obtaining the consent of
the Company pursuant to Clause 1 of Article 8, the Renter
shall pay the penalty as follows: Penalty = Expense necessary
for transportation due to the change of return multiplied
by 300%
|
| Article
30 |
Measures
to be taken in Case of Non-Return of the Rental Vehicle |
|
| |
When
the Renter does not return the Rental Vehicle to the place
provided in Clause 1 of the above Article 29 after a lapse
of 24 hours from the termination of the rental period and
the Renter fails to comply with the Company's request for
return, or if the whereabouts of the Renter is not known to
the Company, the Company may activate the detective device
equipped with the Rental Vehicle.
And When the Renter does not return the Rental Vehicle to
the place provided in Clause 1 of the above Article 29 after
a lapse of 72 hours from the termination of the rental period
and the Renter fails to comply with the Company's request
for return, or if the whereabouts of the Renter is not known
to the Company, the Company will consider that the Rental
Vehicle is stolen and the Company will take all legally possible
measures including accusation of the Renter and, in addition,
will report such fact of non-return to All Japan Rent-A-Car
Association.
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| Article
31 |
Registration
of Credit Information and Its Utilization |
|
| |
- The
Renter agrees that; when he has behaved in a manner which
is applicable to the items in Article 30, his credit information
based on the fact of his vehicle rental is registered on
All Japan Rent-A-Car Association for less than 7 years and
such registered information is quoted by such Association,
local Rent-A-Car Associations and the member vehicle rental
companies thereof.
|
CHAPTER
9
MISCELLANEOUS
| Article
32 |
Consumption
Tax |
|
| |
- The
Renter shall pay the consumption taxes under the Tax Laws,
which arise from these Terms and Conditions to the Company.
|
|
|
| |
- When
the Renter neglects to fulfill any monetary obligation under
these Terms and Conditions, the Renter shall pay to the
Company the arrears at an annual rate of 6.5% together with
the principal of such monetary obligation.
|
| Article
34 |
Detailed
Rules |
|
| |
- For
implementing these Terms and Conditions, the Company may
prescribe the detailed rules separately.
- When
the detailed rules are prescribed separately, the Company
shall post them on the notice boards of its rental offices
and publicize them in the literature and tariff table to
be issued by the Company. The same shall be applied in case
of their changes.
|
| Article
35 |
Precedence
of Japanese Language |
|
| |
In
the event of any discrepancy in the description between in
English and in Japanese of these Terms and Conditions, Japanese
version shall prevail as the formal version.
|
| Article
36 |
Agreement
on the Competent Court |
|
| |
- Should
disputes arise with regard to the rights and obligations
on these Terms and Conditions, the competent court shall
be the Court having territorial jurisdiction over the main
office of the Company.
|
| SUPPLEMENTARY
PROVISION |
| |
These
Terms and Conditions shall be effective on and after April 1,
2003.
|