TERMS AND CONDITIONS OF SALE ( MOTOR VEHICLES )
1.1 The auction is conducted by NILAI POPULAR SDN BHD ( Co. No. 649661-K ) ( ‘Auctioneer’ ) as agents for the legal owner ( ‘Seller’ ) of the motor vehicles ( ‘Vehicles’ ) listed in the Proclamation of Sale, subject to the terms and conditions herein.
1.2 By participating in this auction, the persons intending to bid in this auction ( ‘Bidders’ ) confirm that:
(i) the valuation / pricing of the Vehicles are made by the Bidders based on their own independent judgment;
(ii) they participate in this auction on their own free will;
(iii) they have understood, agree and have obtained own independent legal and expert advice on this terms and conditions;
(iv) they authorize the disclosure of their details to relevant authorities, including but not limited to, the Road Transport Department, the Royal Malaysian Police Department and Puspakom Sdn Bhd ( collectively ‘ Authorities’ ) for any purpose as may be required by the Authorities.
1.3 Time, wherever mentioned herein, shall be deemed to be of essence in this terms and conditions.
1.4 The Auctioneer has the absolute discretion to refuse admission of / remove any person from the auction premises.
1.5 The heading herein contained are inserted merely for convenience of reference and shall be ignored in the interpretation of any of the clauses and provisions herein contained.
1.6 Any term relating to auctions of automobile not specifically defined herein shall be construed in accordance with the general business practice and grade of auctions or automobile industry.
1.7 Words importing the singular number includes the plural number and vice-versa. Words importing the masculine gender include the feminine and neuter genders. Words applicable to natural persons include corporation and business entities.
2.0 Condition of the Vehicles
2.1 Bidders are reminded that the Vehicles auctioned are used second-hand Vehicles which may contain various defects and in less than satisfactory condition as a resuit of the Vehicles’ use by the previous owners. The Purchaser shall be deemed to have full knowledge of the condition, status, state of defects, repairs and rectification required for the Vehicles.
2.2 Before the auction, Bidders are reminded to :
(i) inspect the Vehicles at their own cost and expense at the time and venue designated by the Auctioneer / the Seller;
(ii) make verification as to whether any summons were issued by the Authorities, in respect of the Vehicles;
(iii) make independent verification with the Authorities as to the accuracy of the Vehicles’ details, identification marks, make, type, model, version, year of manufacture and other particulars;
so as to satisfy themselves completely of the condition, state of defects, repairs required and status of the Vehicles.
2.3 The Vehicles are sold at this auction strictly on an ‘as is where is’ basis, without any warranty whatsoever. All implied terms and warranties, warranties on merchantability, roadworthiness, registrability, free from encumbrances and fitness for a particular purpose of the Vehicles, are hereby excluded from this terms and conditions. All implied warranties under the Sale of Goods Act are specifically and expressly negated and excluded in this auction.
2.4 The Auctioneer and the Seller does not warrant that the Vehicles or any of their parts are free from defects.
2.5 Statements made by the Auctioneer or as provided in the ‘remarks column’ in the Proclamation of Sale by the Seller are merely best data and facts about the Vehicles that are available to the Auctioneer / Seller and shall not be relied upon by the Bidder as definitive statements. The Vehicles may contain further inherent defects not specified in the ‘remarks column’.
2.6 The Bidder acknowledges that in view of the nature of this auction, the Auctioneer and the Seller had not verified the condition, status, roadworthiness, state of defects, repairs and rectification required for the Vehicles.
2.7 The Auctioneer and the Seller shall not be responsible or liable for repair / rectification of any existing defects in the Vehicles.
2.8 Vehicles identified as ‘engine number tampered’, ‘chassis number tampered’ and ‘cut and joined’ are sold as scrap, without warranties as to the Vehicle’s title and transfer of ownership registrability.
2.9 Any error, misstatement or wrong description of the Vehicle in any documents related to this auction shall NOT annul or invalidate the auction nor the same grant any rights to the Bidder to make any claim in respect thereof.
3.0 Bidding Process
3.1 All Bidders or person(s) bidding on behalf of others must be above 18 years old and must be citizens or permanent residents of Malaysia.
3.2 All Bidders are required to deposit with the Auctioneer the sums of RM1,000.00 ( ‘Deposit’ ) and RM500.00 ( ‘Auctioneer’s Premium’ ) by cash or bankers cheque made payable to the Auctioneer and are required to sign a registration form prior to the auction. All Bidders shall also produce their identity card to the Auctioneer prior to the commencement of the auction, failing which they will not be allowed to bid.
3.3 Any Bidder who intends to bid on behalf of another person / body corporate / business entity ( ‘Principal’ ) is required to provide the Auctioneer an authority letter from the Principal prior to the commencement of the auction. Such letter shall contain the identity details of the Principal and shall grant authority to the said Bidder to execute all documents related to this auction.
3.4 The Auctioneer has the absolute right to regulate the bidding process and shall have the absolute right to refuse and bid which does not complies with this terms and conditions or any auction rule and regulations.
3.5 If any dispute arises as to the highest bid, the Auctioneer shall have the absolute right to determine the dispute and at the sole discretion of the Auctioneer, the Vehicle may be re-auctioned.
3.6 No bid price shall be lower than the reserve price set by the Seller or the previously made bid price. Bidders are not allowed to retract their bid. In the event a bid is retracted by the Bidder prior to the fall of the hammer, the Deposit and the Auctioneer’s Premium shall be forfeited absolutely and the Vehicle shall be re-auctioned at the absolute discretion of the Auctioneer.
3.7 The Bidder with the highest bid, as announced by the Auctioneer after the fall of the hammer, shall be deemed to be the purchaser ( ‘Purchaser’ ) of the Vehicle auctioned and the highest bid shall be purchase price ( ‘Purchase Price’ ) of the Vehicle. Only the Deposit shall be utilized as the part-payment towards the Purchase Price.
3.8 Immediately after the fall of the hammer, the Purchase shall execute the Memorandum of Sale incorporating this Terms and Conditions.
4.0 Balance Purchase Price
4.1 The Purchase Price less Deposit ( ‘Balance Purchase Price’ ) shall be paid in full by the Purchase within 10 days from the date of auction ( ‘Payment Period’ ) directly to the Seller. The Payment Period may be extended for a period to be determined by the Seller at its absolute discretion, provided a written request is made by the Purchaser before the expiry of Payment Period. If any extension to the Payment Period is granted by the Seller, the Purchaser shall pay further to the Seller storage charges and interest at a rate to be determined by the Seller.
4.2 If the Balance Pruchase Price is not paid within the Payment Period or with storage charges and interest during the extended Payment Period ( as the case may be ), the Deposit and the Auctioneer’s Premium shall be forfeited absolutely by the Seller and the Vehicle may be re-auctioned.
5.0 Transfer of Risk & Liability
5.1 Upon the execution of Memorandum of Sale, the Vehicle shall be stored at the Auctioneer’s storeyard at the sole risk od the Purchaser. However, ownership of the Vehicle shall only pass to the Purchaser upon full payment of the Purchase Price.
5.2 The Auctioneer shall be entitled to charge the Purchaser for storage charges if the Vehicle is not collected from the Auctioneer’s storage facility within the Payment Period.
5.3 The Purchaser shall be responsible for payment of all and any summonses, fines and penalties payable to any of the Authorities by the previous owner of the Vehicle.
5.4 The Purchaser shall indemnify the Auctioneer, the Seller and the previous owner / hirer from all claims, damages, losses and proceedings for all summonses, fines and penalties payable to the Authorities on the Vehicle after taking delivery of the Vehicle, notwithstanding the Vehicle’s transfer of ownership to the Purchaser is not effected.
6.0 Vehicle Registration / Transfer of Ownership
6.1 Upon full payment of the Balance Purchase Price, storage charges and interest ( if any ), the Purchaser at its own costs and expense shall take delivery of the Vehicle purchased, from the Seller. Puspakom inspection VR1 on the Vehicle shall be conducted at Purchaser’s costs at the storeyard before the Purchaser take delivery of the Vehicle, failing which and refund claims will not be entertained. Upon taking delivery of the Vehicle, Purchasers shall conduct the Puspakom B7 inspection at its own cost.
6.2 Thereafter, the Seller shall execute at the Purchaser’s cost and expense the transfer form ( Form K3 ) in favour of the Purchaser or the Principal only and provide the registration card of the Vehicle ( is available ). In the event the Vehicle’s registration card is not available with the Seller, the Purchaser at his own costs shall apply for the same with the Authorities.
6.3 The Purchaser shall transfer and register the Vehicle within 14 days from the date of receipt of transfer documents from the Seller, failing which the Purchaser shall not be able to claim for refund of the Purchase Price for the circumstances specified in Clause 7.1 below.
6.4 The Purchaser shall not undertake any repairs or improvements to the Vehicle purchased before registering the transfer of ownership of the Vehicle with the Authorities, failing which, such costs shall not be claimable against the Auctioneers and / or the Seller, if there is a refund of Purchase Price is applicable pursuant to Clause 7.1 below.
7.1 The Purchaser can claim for refund of the Purchase Price from the Seller, subject to and only in the following circumstances:
(i) if the Vehicle’s ownership transfer cannot be registered due to the Vehicle being under criminal investigation by the Authorities; and
(ii) if the Vehicle’s ownership transfer cannot be registered when the Vehicle was originally not identified as ‘engine number tampered’, ‘chassis number tampered’ and ‘cut and joined’ in the remarks column in the Proclamation of Sale.
(a) the claim for refund shall be made in writing within 21 days from the date of receipt of transfer documents from Seller;
(b) the non-registrability of the Vehicle’s ownership transfer is not due to any reasons attributable to the Purchaser;
(c) original documentary evidence from the Authorities confirming the non-registrability of the Vehicle’s ownership transfer for reasons stated in (i) and (ii) above shall be submitted to the Seller;
(d) the refund by the Seller shall be limited to only the Deposit and Auctioneer’s Premium paid by the Purchaser and the same shall be refunded free of interest. The Auctioneer and the Seller shall not be liable of any consequential damages / losses of whatsoever nature; and
(e) the Vehicle shall be returned, in the same conditions when delivery was takan by the Purchaser, to the Auctioneer’s storeyard within 7 days upon written notice on the same is sent by the Seller to the Purchaser, before the refund payment is effected by the Seller.
8.0 No Refund
8.1 The Purchaser shall NOT be entitled to claim for any refund in the following circumstances:
(i) if the Vehicle cannot be registered with the Authorities due to traffic summons, fines or penalties unpaid / unresolved by the previous owner;
(ii) if the Authorities gave a conditional approval for the Vehicle’s transfer of ownership registration, under which transfer of ownership registration can be made if any defects / parts of the Vehicle were to be rectified / replaced [ For the avoidance of doubt, costs and expenses for such rectification / replacement shall be borne by the Purchaser ];
(iii) if the Purchaser makes a claim fro refund ( for whatsoever reasons ), after the lapse of 21 days from the date of receipt of transfer documents from the Seller; and
(iv) any act / omission by the Purchaser or his agents, servants or employees which had resulted in defects, loss, damages or seizure / forfeiture of the Vehicle by the Authorities after the delivery of the Vehicle to the Purchaser.
TERMS and CONDITIONS of AUCTION SALE ( Extended )
· All Vehicles are sold strictly as seen on an ‘AS IS WHERE IS’ basis and subject to the TERMS and CONDITIONS of SALE
· All intending Bidders are advised to inspect the condition of the Vehicle and perform their own Authorities check prior to the auction. All inspection should be done before the auction start, no inspection are allowed during and after the auction.
· All intending Bidders should check the Vehicle thoroughly; physical transmission, engine number (as stated in the Proclamation of Sale ‘Engine Number as per Registration Card’ ), chassis number, engine parts, body condition and accessories available. There shall be no refund if such error occurs in the Proclamation of Sale listing.
· All intending Bidders are required to deposit with the Auctioneer a sum of Ringgit Malaysia One Thousand Five Hundred Only ( or otherwise specified ) only by cash / Credit Card / Banker Cheque payable to Nilai Popular Sdn Bhd. ( Ringgit Malaysia One Thousand Only being the Deposit to the Seller, and Ringgit Malaysia Five Hundred Only being the Auctioneer’s Premium ).
· A surcharge of 2.5% shall be borne by Bidders using Credit Cards.
· The balance of the Purchase Price shall be paid in full by the Purchaser within 10 days from the date of auction to the Seller. The balance of the Purchase Price for CIMB Bank’s Vehicle shall be paid in full by the Purchaser within 5 days from the date of auction to NILAI POPULAR SDN BHD.
· All Vehicles purchased by the Purchaser are advice to perform a VR1 Puspakom Inspection before taking delivery of the Vehicle and the costs / expenses ( Ringgit Malaysia One Hundred Thirty Only ) shall be borne by the Purchaser.
· All costs / expenses incurred in respect to the Transfer of Ownership of the Vehicle shall be borne by the Purchaser.
· All successful Purchasers are recommended to perform the “Double Transfer of Ownership”. Any problems arising from the “Single Transfer of Ownership” are NOT the responsibility of the Seller and the Auctioneer.
· The Auctioneer is NOT responsible for any refund / claims that are rejected by the Seller.
· Detail of Vehicle listed in the Proclamation of Sale are subject to change by the Seller. The Seller and Auctioneer are NOT responsible for any error made in the Listing.
Hong Leong Bank Bhd ( ex-EON Bank )
1. Kindly contact En. Zainur Rijal Zakaria ( Tel : 04-549 8250 ) of Hong Leong Bank ( ex-EON Bank ) Bukit Mertajam for appointment to complete JPJ Transfer.
2. Please take note that Hong Leong Bank ( ex-EON Bank ) officer will be at JPJ ONLY ONCE A WEEK, that is every WEDNESDAY from 10:00am to 11:30am.