Yamato Transport USA, Inc.’s Terms & Conditions
Yamato’s Payment Terms & Conditions
- All information you provide relating to the Card and Card data is correct, accurate and complete.
- You are over 18 years of age.
- You have the appropriate authority to accept and agree to these terms.
- You are the holder of the Card and the Card is issued in your name.
- You are responsible for any charges or fees assessed against the Card by the Card issuer or any other third party.
- You are authorized to make and authorize payments using the Card; and
- There are sufficient funds and/or sufficient credit available on the Card account at the time each payment is processed to fund the payment in full.
- Credit Card Payments. If you authorize Yamato to charge a credit card as a method of payment (a "Credit Card Authorization"), then you authorized Yamato, in its sole discretion, to charge the credit card account for the amount shown on any and all invoices presented to you without further notice to you. All credit card transactions will include credit card processing fee equal to 3.0% of the outstanding balance paid by credit card. You acknowledge that Yamato relies upon your Credit Card Authorization when determining whether to provide transportation services to you. Therefore, in consideration for Yamato agreeing to rely, in whole or in part, upon your Credit Card Authorization as a means of payment, you irrevocably authorize Yamato to charge your credit card for any charges related to any shipment that has been delivered or that is in transit. You may revoke your Credit Card Authorization for future shipments for which you have not accepted a quote by notifying Yamato in writing via AR@YamatoAmerica.com, provided, however such revocation shall not be effective for invoices that have already been shared with you or for foreseeable charges related to any quoted shipment at the time of your revocation. If you take any action to frustrate a transaction authorized by these Terms and Conditions, then Yamato, automatically and without further notice, revokes any credit terms or other payment accommodation which it might have previously afforded to you, accelerates your entire account balance, and your entire balance is immediately due and payable.
- Partial Debits and Returned Payments. If your full invoice total is not processed by us at the same time, you hereby authorize Yamato to make partial charges on your credit card, not to exceed the total amount of your invoice. If any of your payments are returned unpaid due for any reason, including but not limited to insufficient funds, Yamato will add a return fee to the amount owed. The return fee may be added to your payment amount and in addition to any applicable late fees or charges, any unpaid principal balance shall accrue interest at the rate of 2% per month (24% per annum), calculated monthly, commencing the day after the invoice due date, until the balance is paid. Yamato may initiate a collection process or legal action to collect any money owed. You agree to pay all our costs for such action, including any reasonable attorneys' fees.
- Bank Account Payments. By choosing to use a bank account as your payment method, you will be able to complete your purchase using any valid automated clearing house ("ACH") enabled bank account at a United States-based financial institution. Whenever you choose to pay for an order using your bank account, you are authorizing Yamato (or its agent) to debit your bank account for the total amount of your purchase (including applicable taxes, fees and shipping costs). Your transaction must be payable in U.S. dollars. Yamato, in its sole discretion, may refuse this payment option service to anyone or any user without notice for any reason at any time.
- Credit and Payment Terms. Yamato’s standard payment terms require receipt of cash before performance of services. We may, in our sole discretion, extend credit to you. The amount and terms of credit are subject to our periodic review. Yamato may in its sole discretion increase, decrease, suspend or revoke credit at any time for any reason and without advance notice. Except to the extent we otherwise agree, Yamato has no obligation to make or incur any expense, guarantee or advance for any purpose.
- ACH Authorization. By choosing an ACH transfer as your payment method, you acknowledge that Yamato relies upon your ACH authorization when determining whether to provide transportation services to you. Therefore, in consideration for Yamato agreeing to rely, in whole or in part, upon your ACH authorization as a means of payment, you irrevocably authorize Yamato to accept your ACH payment from your bank account for any changes related to any shipment that has been delivered and for future shipments which are in transit and not yet delivered. You may revoke your payment method by ACH transfer for which you have not accepted a quote by notifying Yamato in writing via AR@YamatoAmerica.com, provided, however such revocation shall not be effective for invoices that have already been shared with you or for foreseeable changes related to any quoted shipment at the time of your revocation. If you take any action to frustrate an ACH transaction authorized by these Terms and Conditions, then Yamato, automatically and without further notice revokes any credit terms or other payment accommodation which it may have previously afforded to you, accelerates your entire account balance, and your entire balance is immediately due and payable.
- Contacting Yamato. Transactions that we process using your credit card, debit card or ACH transfer will be identified as "Yamato" (or similar identifier) on the statement issued by your bank or other financial institution holding your account. All questions relating to any transactions made using your bank account by us should be initially directed to us. You may contact us regarding your invoices or any payments made by writing to us at AR@YamatoAmerica.com.
- Transaction Errors. If you believe that any payment transaction initiated by Yamato with respect to your bank account is erroneous, or if you need more information about any such transaction, you should contact us as provided in Section 7 of these Terms and Conditions. We reserve the right to cancel your method of payment for any reason at any time.
- No Offsets; Notice of Disputes. Customer shall pay all freight and accessorial charges in full, without any reduction based upon an alleged offset, counterclaim or other deduction. Full payment of freight and accessorial charges shall be a condition precedent to Customer's right to assert an offset, counterclaim or other deduction. Customer must contest/dispute any freight or accessorial charges in writing by email for Yamato’s review within 20 days of its receipt of an invoice that includes the contested charges.
Payment of Customs Duties and Taxes. For Customers who utilize Yamato’s customs brokerage services, you may pay your duties either by ACH transfer directly to U.S. Customs, or alternatively, Yamato may agree to pay them in advance on your behalf where you will be required to reimburse to Yamato the duties that were advanced by Yamato.
ACH Transfer: Yamato recommends to its customers that it pay its U.S. customs duties directly via ACH transfer. To do so, you will need to set up an ACH account directly with U.S. Customs. Your bank must be a NACHA participant with Electronic Interchange capability. You (importer) must complete an ACH Debit application which links Customs to your bank account. Thereafter, you can choose to have your ACH account debited in one of the following two methods:
- Each Individual Shipment Transaction: Customs will debit your ACH account 10 business days after clearance.
- Periodic Monthly Statement: If you have an ACE Portal account, you can choose to consolidate all shipment duties for a given month into a single payment. The total consolidated duty amount for all shipments in a given month is withdrawn on the 15th business day of the following month.
- Advance Payment: Should Customer not pay its U.S customs duties and taxes directly to U.S. Customs or other government authorities directly, and if requested by Customer, Yamato may agree to pay them as an advance payment on behalf of Customer. Should Yamato pay customs duties and taxes on behalf of Customer, Yamato will charge Customer an Advance Payment Service fee. This service fee will be calculated as a percentage of the duties and taxes outlaid by Yamato. This service fee percentage will appear on written client quotes and/or estimates of duty payments, however Yamato will not know how much duties and taxes will need to be advanced by Yamato until the shipment clears U.S. Customs. Once that occurs, the final amount will be applied to Customer’s invoice. Customer will be required to pay its invoice containing the advance payments of duties and service fee within fourteen (14) days of the invoice date. If not paid within fourteen (14) days, and in addition to the advanced payment service fee, Customer will be required to pay a five percent (5%) late fee.
- ACH Transfer: Yamato recommends to its customers that it pay its U.S. customs duties directly via ACH transfer. To do so, you will need to set up an ACH account directly with U.S. Customs. Your bank must be a NACHA participant with Electronic Interchange capability. You (importer) must complete an ACH Debit application which links Customs to your bank account. Thereafter, you can choose to have your ACH account debited in one of the following two methods:
- Electronic Delivery of Future Disclosures. You agree to accept all disclosures and other communications between you and us on this website or at the primary e-mail address associated with your Yamato customer account. You should print and retain a copy of all such disclosures and communications.
- Liability Limitations and Warranty Exclusions: Yamato and/or the Payment Processor and/or Yamato’s financial institutions are not liable for any inaccuracy, error or delay in, or omission of (a) any data, information or message, or (b) the transmission or delivery of any such data, information or message; or (c) any loss or damage arising from or occasioned by any such inaccuracy, error, delay or omission, non-performance or interruption in any such data, information or message. Under no circumstances shall Yamato and/or the Payment Processor and/or Yamato’s financial institutions be liable for any direct, indirect, incidental, special or consequential damages, or any damages whatsoever, including punitive or exemplary arising out of or in any way connected with the provision of or any inadequacy or deficiency in the processing of payments resulting from unauthorized access or alteration of transmissions of data or arising from suspension or termination of any services rendered by Yamato. NEITHER YAMATO NOR THE PAYMENT PROCESSOR MAKE ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATIONS, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE PROCESSING OF PAYMENTS UNDER THESE PAYMENT TERMS.