The company NT SÃO PAULO IMPORTAÇÃO EXPORTAÇÃO E SERVIÇOS ADMINISTRATIVOS LTDA - ME (hereafter known as « Combi Kombi ») is a SARL and sole partner. The head office is located at Rua Quitanda, 96 sexto andar - Centro- 01012-010 - Sao Paulo, registered as CNPJ: 15.504.687/0001-70
Combi Kombi is active in Brazil and internationally to broker between buyers and sellers of Brazilian collector's vehicles, as well as deliver and manage the exportation and importation of these vehicles internationally (hereafter known as «services»). The General Conditions listed below define the established legal frame of relations between Combi Kombi and its clients. Combi Kombi and the client will be from here on after known as the « Parties » and individually as the «Party».
Upon signing the contract with Combi Kombi, the client unconditionally accepts the present General Mandate Conditions (hereafter known as « GMC »). The client, declares and recognizes having read the present GMC.
The present GMC are applicable during the entire duration of the services determined by the client. You can contact Combi Kombi at the address indicated at the top of the mandate, or by E-mail to email@example.com and by phone +55 11 3222 0344.
ARTICLE 1 : APPLICATION SCOPE OBJECTIVE
The present GMC strive to define conditions under which Combi Kombi offers its services. These conditions apply throughout the time during which all services have been executed that the client has mandated. These GMC apply to all of the services proposed by Combi Kombi that make part of the general buying conditions of the client.
After the client has signed off on the mandate, it translates to unconditional acceptance of the arrangements laid out in the current GMC. The actual version of the GMC is the only binding contract during the duration of services' execution only up until a new version replaces it.
Combi Kombi has the right to modify the current GMC at any time. Unless the amendments must not comply with legal or administrative obligation, each client will be informed with ample notice before putting an altered GMC into effect. The present conditions govern the eventual conflicts that could surface before the date of the GMC renewal.
The last version of the GMC available prevails, if need be over the present GMC.
ARTICLE 2 : MONEY ORDER / ESTIMATE
The client mandates Combi Kombi to buy , in their name and on their behalf, the chosen vehicles of the client, to proceed to the delivery as well as take care of the various administrative procedures that entail exporting a vehicle from Brazil.
The client can ask for a quote specifying the city of delivery and the reference number of the vehicle by directly contacting Combi Kombi through a contact form on the combikombi.com site
Once the request has been sent, Combi Kombi will communicate a quote on the basis of the information provided by the client. The quote is free and addressed to the client through any communication method. It specifies the content of the services offered by Combi Kombi, the different price modalities and the fluctuation of market rates, as well as the estimated timelines of vehicle delivery.
Once the quote is sent, the client must return the quote to Combi Kombi, signed and written << agreed>> or claim agreement by E-mail. The contract of the mandate will be legitimately concluded between Combi Kombi and the client after signing the quote and the payment of the whole vehicle price, which will make it irrevocable.
in the event of a payment failure after a timeline of 15 working days from the reception of the signed quote or another legitimate accord, Combi Kombi has the right to negate the execution of the services declared in the quote.
Furthermore each quote has a duration of validity that cannot exceed 5 days. This is due to the fact that, the price of the vehicles is subject to the fluctuation of the quotes. Upon the expiration of this timeline, the quote is rendered obsolete and Combi Kombi will provide another actualized quote to the client.
In the case of a break in the mandate by the client after definitive acceptance of the quote, for whatever reason, except for force majeure, and before starting to carry out the services, the paid deposit, as defined in the article << payment terms>> in the present GMC, Combi Kombi has the full right to not reimburse the client in any measure.
ARTICLE 3 : PRICES
The services are provided according to the prices mentioned in the quote. The prices are indexed with the Brazilian Real and therefore depend on the EUR/BR exchange rate.
These are net prices and the taxes to be paid will be mentioned in the quote. The prices cannot be determined exactly in the present GMC but Combi Kombi must provide a sufficiently detailed quote to the client. The proposed prices cannot be determined exactly within the present GMC but Comib Kombi must provide a sufficiently detailed quote to the client. The proposed prices in place at the moment of signing the quote by the client are fixed.
Combi Kombi's provided are written as <<DDP Europe>> (Delivery Duty Paid) if the destination port is Antwerp.
- The value of the vehicle
- The customs cost of exporting
- Brazilian export taxes
- International transport
- Import Customs clearance to Europe
- The VAT at arrival and the rights to import
The announced prices do not contain the cost of transport between the port of delivery and the city of final destination of the vehicle.
Any other port other than Antwerp will not be subject to DDP and the customs' clearance as well as any other taxes upon arrival will not be included in the quoted price.
ARTICLE 4 : REGULATION CONDITIONS
The price of the vehicles will be thoroughly checked by the client after validating the presented quote. The balance of the payable price is made in only one installment. Once the entire price is paid, Combi Kombi will inform the seller of the vehicle and proceed to execute the acknowledged services.
In the case that Combi Kombi accepts a down payment, Combi Kombi will execute the services on the balance paid by the client. If there is a delay in the agreed upon payment, Combi Kombi will have the right, after having informed the client, to not proceed with the services at the date specified on the quote.
The payment of services will be made exclusively by wire transfer. Combi Kombi's bank details will be presented on each quote and bill transmitted.
In case of a delay in payments by the client after the fixed dates, late payment penalties are applied by the European Central Bank at their most recent date of refinancing, increased by 10%, on the taxes of the price of services mentioned above. These 10 % will be automatically acquired by Combi Kombi, without previous formal notice and immediate payment of the whole sum due by the client to Combi Kombi, without prejudice to any other action that Combi Kombi would be rightful to pursue, for this reason, against the client.
ARTICLE 5 : DELIVERY
The client must ensure the information communicated to Combi Kombi is correct, and that they are correct until the complete execution of the services. The client is bond to inform Combi Kombi of all changes to billing details and/or delivery that could intervene with the validation of the quote and transportation, by sending, without delay, an e-mail addressed to Combi Kombi through the client's E-mail account. In the case of a delay or failure in delivery, the client will not in any way be able to bind Combi Kombi to take responsibility, and Combi Kombi will contact the client for a second delivery attempt at the cost of the client.
Combi Kombi will not be responsible if the non-execution of the services is outside of their control.
Combi Kombi is bound to the risk related to vehicle transportation, from the point of sale of the seller to the time of loading.
Once the vehicle has changed hands to the transporter and has been loaded onto the ship (the delivery of the vehicle is done by container by sea), Combi Kombi will not be bound responsible in the case of damage, issues or destruction of the vehicle during transportation by sea.
In this case the client, bears the damage once the vehicle is on the ship of transport.
The delivery timelines are expressed as guidance to the client and can vary depending on the preparation time of the vehicle, the transportation and the duration of administrative formalities. Consequently, all reasonable delays during service execution cannot be used by the client as a reason to annul the contract.
5.2. Place of Delivery
Vehicles imported from Brazil can be delivered to any port the client desires. The client can have the vehicle delivered to the port of his or her choice upon request.
The client can choose to deliver the vehicle to his or her domicile. The delivery to door entails an additional payment not included in the agreed upon price in the quote.
ARTICLE 6 : VEHICLE REGISTRATION
Collector vehicle registration is not figured into the services provided by Combi Kombi.
Accordingly, Combi Kombi is bound to provide all the necessary documents for vintage vehicle registration, as follows:
- The grey card of the Brazilian vehicle
- Customs documents
- The receipt of having paid the VAT (if the port of arrival is Antwerp)
To register the vehicle in France, it is up to the client to:
- Go to the tax center of their region to acquire the cerfa VT 1993 "tax certificate" document and present the customs document of the vehicle's port of delivery.
- Go to the site (http://www.ffve.org/Procedure_obtention_attestation_carte_grise) to download and fill out the file on request of a gray collection card.
- Go through a technical control in a certified center for vintage vehicles.
- Go to the city hall to obtain your French gray card.
For vehicle registration in any other country it is up to the client to determine the regulations and fees concerning registration.
ARTICLE 7 : COMPLAINTS
For all information requests, specific or express complaints, The client must contact, first and foremost, Combi Kombi, so the company attempts to find a solution to the issue
Combi Kombi is available from 14h to 21h France time from Monday to Friday by the following forms of communication.
Telephone : +55 11 3222 0344
E-mail : firstname.lastname@example.org
Address: R. da Quitanda, 96 - Centro - São Paulo SP - Brésil - CEP 01012-0
ARTICLE 8 : RECIPROCAL OBLIGATIONS
8.1. Client obligations
The client is bound to respect the terms expressed in the current GMC. The client is bound, during the entire duration of project execution, to respect the laws and regulations and to not affect the rights of others or the public order in a negative manner. The client is only responsible for the information and content transmitted by Combi Kombu while executing the services.
Consequently, the client recognizes that Combi Kombi is the only entity responsible for accurate and reliable information and any other searched out entity that has provided information might be wrong.
8.2. Combi Kombi obligations
Combi Kombi is bound during the duration of the services executed, to inform the client regularly about every useful element that he has knowledge of. Combi Kombi is also bound to put into effect, the necessary means to carry out the services according to the conditions established in the contract.
During the execution of the contract, Combi Kombi must immediately alert, of all events that the company has knowledge, that could affect the interested parties’ commitments and determine if the event is attributable to another entity. The parties can concentrate on the means that could limit the consequences of the event in question.
Combi Kombi acts in the name and on the behalf of the client.
Combi Kombi is bound to provide the client, upon handing over the vehicle, the following documents:
- The original Brazilian gray card
- The Bill of sale in the name of the client
- The customs documents at the port of arrival (in the case of Antwerp)
ARTICLE 9 : RESPECT PARTY INFORMATION
The parties are always bound to treat themselves as serious partners, loyal and in good faith and in particular, highlight without delay all difficulties that are found in the field of services execution.
Under these conditions Combi Kombi is bound to respond without delay to all information requests sent by the client
The client is bound, during the entirety of the contract, to inform Comb Kombi regularly of all information that could contribute to the correct execution of the objective in the contract and of which the client would have knowledge during the execution of such objective. The information communicated by the client to Combi Kombi must be specific, complete and actualized.
ARTICLE 10 : RIGHT TO REVOKE CONTRACT
The prices are indexed with the Brazilian Real and depend thus on the exchange rate EUR/BRL. The right of contract retraction of the client does not apply to the purchases, assets of services where the price depends of the fluctuation of the exchange rate on the financial market.
Consequently, the client does not have the right to revoke the contract for 14 working days
ARTICLE 11 : COMPLIANCE OBLIGATION
Combi Kombi is bound to deliver the same vehicle that was purchased by the client, bringing the chassis and motor number of the vehicle in question.
In applying article L217-3 of the consumer code, the vehicles delivered by Combi Kombi are not submitted to the legal obligation of compliance.
ARTICLE 12 : GUARANTEE OF HIDDEN DEFECTS
In application of article 1641 of the Civil Code, only the seller is bound to the hidden defects of the object.
Consequently, the client cannot act against Combi Kombi in the event hidden defects surface.
ARTICLE 13 : RESPONSIBILITY
Each of the parties is responsible to the other party of all the damages, loses, costs and charges (see after - "damages") that would be the consequence of a breach to one or more of the obligations listed in the current GMC, with the exception of indirect damages.
However, the vehicles for sale on the Combi Kombi site are not put up for sale by specialists and professionals. Thus, Combi Kombi cannot guarantee the structural or mechanical state of the vehicle. But, through a request transmitted by the client, Combi Kombi can contract an expert to go and establish a complete report on the state of the vehicle.
Combi Kombi is bound to reimburse the client the entire price paid in the event of vehicle loss during transport.
ARTICLE 14 : THE RIGHT TO IMAGES
The photos taken while services are being carried out can be used to promote the image of Combi Kombi, especially for commercial documents, internet sites or responses to offers.
From the signature of the quote and at any time thereafter, the client has the right to revoke this authorization with a written letter.
ARTICLE 15 : INSURANCE
Combi Kombi is insured by a legal entity for all material damage and immaterial consequences by the execution of the contract by the contracted personnel and collaborators.
This insurance especially covers the lose and/or destruction of the vehicle after Combi Kombi has effectively taken control if it.
This insurance also covers the lose and/or destruction of the vehicle until its transportation to the port of delivery of the vehicle to the execution of all other material damages.
Combi Kombi is bound to maintain its guarantees during the whole contract and present proof of these guarantees by request of the other party.
ARTICLE 16 : CONFIDENTIALITY
For the present needs, the terms << Confidential Information>> recovering all the information or all the documents sent by each of the parties to the other party, either by writing or orally, and including all the documents written or printed, all business secrets, know-how, financial documents.
However the terms of <<confidential information>> do not entail the following information:
i. that are, or will be, at the time where the information will be revealed, available and publicly accessible except for in the event of a leak made in violation under the following conditions.
ii. that are or will be communicated to one of the parties by another entity that is not, neither directly, nor indirectly connected to the other party or one of the representatives.
iii. that are developed by one of the parties on the basis of other information not pertaining to confidential information. or.
iv. announced to the public by a common agreement between the parties.
During the entirety of the current contract and during one year, counting the date of expiration or the completion of the contract, the parties are bound to not divulge anything in no way that would contain confidential information without a previously elaborated written agreement from the other party. The parties are bound to..
- protect and keep in a strictly confidential manner, and treat with the same degree of precaution and protection, the agreement with confidential information of the same importance as the confidential information sent from the other party.
- not spread in any internal manner except to employees and exclusively when it is necessary for the proper execution of the services.
- Not to copy, reproduce, duplicate completely or partially when such copies, duplications or reproductions are not authorized by the other party in a specific way, all the confidential information.
In the case where the legal obligations or statuaries of one of the parties, particularly when a petition sent from a legal or administrative authority, or within the framework of the agreement, is applicable, if forces are communicated with a third party to make the confidential information public, the party will be authorized to spread the information in question.
The parties, without prejudice to the condition of the present article, can communicate only through the existence of their commercial relations without attacking the image of the other party.
ARTICLE 17 : FORCE MAJEURE
Neither of the parties will be held responsible to the other for the loss or damage applied in the case of a Force Majeure defined as any unforeseeable event, unpreventable and removed from the parties control as well as accidental or exterior causes such as social conflicts, military or civil intervention, natural disasters, as they are defined in the civil code.
The parties will inform themselves mutually and through a written manner in the occurrence of a Force Majeure case and they will collaborate to limit the consequences and the timeline.
During the event of a Force Majeure, the execution of the current contract will be suspended. If this interruption must exceed thirty (30) days, the contract drawn up between Combi Kombi and the client can be terminated between one or the other party without compensation from the other party.
ARTICLE 18 : RESOLUTION LAW AND APPLICABLE LAW
All disputes that have not been resolved amicably between the parties in as much as the interpretation, the execution and termination of the current contract, will be subjected by one or the other party to present a formal order to a court in Sao Paulo.
The present contract is governed by Brazilian law even though the contract is executed either completely or partially abroad.