TERMS & CONDITIONS: INCHCAPE CERTIFIED PRE-OWNED "THE YEAR-END
GRAND AUCTION"
1. These Terms and Conditions apply to all participants of INCHCAPE CERTIFIED PRE-OWNED "THE YEAR-END GRAND AUCTION" ONLINE AUCTION (the “Auction”). The organiser of the Auction is Borneo Motors (Singapore) Pte Ltd (the “Organiser”).
2. Words denoting the singular shall include the plural and vice versa.
ELIGIBILITY OF ENTRY
3. The Auction will take place on 3rd & 4th December 2022 as specified by the Organiser over a period of two (2) days starting from 1200 hours on the first (1st) day and ending at 2359 hours on the second (2nd) day (the "Auction Period").
4. The Auction is a discriminatory price auction/pay-as-bid auction and bidders are put on notice that successful bids for an identical vehicle may be at different amounts. The Auction is open to all Eligible Participants. By participating in the Auction, all participants are deemed to have unconditionally agreed to be bound by these Terms and Conditions and the decisions of the Organiser, which shall be final and binding in all respects.
5. “"Eligible Participants" means all residents of Singapore who are aged eighteen (18)years old or above with a valid driving license at the time of entry and excludes any other persons that the Organiser may decide to exclude at its sole and absolute discretion without notice and without furnishing any reason.
HOW TO ENTER
6. To participate in the Auction, participants are required to place a bid on <www.icpreowned.com.sg/auction>, complete the registration form and pay a deposit of SGD500 during the Auction Period.
7. All submissions must be submitted during the Auction Period. Any entries received thereafter will not be eligible for consideration. Participants who wish to submit a revised bid are required to pay a further deposit of SGD500 and place their bid again. Subsequent revised bids that are lower than previous bids will be void. Any previous lower bids for a model of vehicle in this Auction by a participant will be superseded by a revised bid. In the event, a participant chooses to submit multiple bids revision for the same vehicle, only the highest bid per participant will be eligible as the winning bid and the deposit for the remaining bids will be refunded in accordance with clause (8) below.
8. Successful bidders will be contacted directly by the Organiser. The deposit of SGD500 will be refunded to participants with unsuccessful bids within 30 days from the end of the Auction Period, using the original payment method that the participant used when making the deposit.
DETERMINATION OF SUCCESSFUL BIDS
9. The Organiser will, in its sole and absolute discretion, select the winning bids (the "Winning Bids") by the 2nd day of the end of the Auction Period. The decision of the Organiser will be deemed as final and irrefutable. Auction winners will be notified at the email address or contact number provided by them at the time of bidding ("Auction Winners"). The Auction Winners will be awarded vehicles based on their respective selected vehicle in the Winning Bids. For the avoidance of doubt, the number of vehicles available in the Auction is subject to the sole discretion of the Organiser. In the event the Auction Winner decides not to proceed with the purchase of the Winning Bid Vehicle, the Organizer may offer the next highest bidder the opportunity to purchase the Winning Bid Vehicle at the Winning Bid price or such other price as determined by the Organizer in its sole discretion.
9A. In the event where more than one bidder has bid the highest bid price, the winning bid will be determined on a first-come first-served basis. The decision of the Organiser will be deemed as final and irrefutable.
10. To claim their Winning Bid, Auction Winners shall do the following within five (5) days from the date of being notified of their Winning Bid:-
(i) execute the Organiser’s Retail Customer Order Form and abide by the terms set out therein;
(ii) pay for and provide the relevant documents for any loan or insurance processing for the Winning Bid vehicle; and
(iii) pay for the remaining $4,500 vehicle deposit (non-refundable) via the online payment portal.
If the Auction Winner fails to comply with the requirements in this Clause 10 or does not fulfil any of the Terms and Conditions hereunder or the Organiser’s Retail Customer Order Form, their deposit shall be forfeited, and the Auction Winner shall be deemed to have forfeited all rights to the Winning Bid and the Organiser shall have the sole and absolute discretion to award the Winning Bid to the next qualifying participant.
SUCCESSFUL BIDS
11. In addition to the subject vehicle of the Winning Bid (“Winning Bid Vehicle”), each Winning Bid will include the following items (the Winning Bid Vehicle and items below shall collectively be the “Winning Bid Items”):
• 12-Month Warranty
• 1-Time Complimentary Servicing
• 24/7 Roadside Assistance
For the avoidance of doubt, the Organizer retains the sole discretion to amend the Winning Bid Items listed in Clause 11 without further notice.
12. All bids are non-transferable and no substitution will be made unless the Organiser, in its sole discretion, determines otherwise.
13. In the event that the Auction Winner(s) chooses not to accept the Winning Bid Items that they have bid for or does not comply with Clause 10, they shall forfeit any claims to the Winning Bid Items, and the $500 bid amount. The Winning Bid may then be awarded to another participant chosen at the sole discretion of the Organiser, pursuant to Clause 9 above.
CONDITIONS OF ENTRY
14. All taxes, fees and surcharges are the sole responsibility of the Auction Winners. Failure to comply with the Terms and Conditions herein will result in forfeiture of the Winning Bid Items.
15. To the fullest extent permitted by law, the Auction Winners shall release the Organisers, its partners, related and affiliated entities and other third parties involved in the organisation, promotion or administration of the Auction and their respective officers, employees, agents or contractors against any and all claims, costs, rights, demands, losses, damages, causes of action and liabilities of any kind arising out of the acceptance and use of any Winning Bid items(s) or entry into the Auction, including but not limited to any loss of income, damage to property and whether direct or consequential, foreseeable, due to a negligent act or omission or otherwise.
16. The Organiser also reserves the right at its sole discretion to disqualify from this Auction, and any future auction or other promotion the Organiser conducts, any participant that it finds or believes to be tampering with the bidding process, or the operation of the Auction or Auction website, or to be acting in breach of these Terms and Conditions or in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person.
17. Any attempt by a participant or any other person to deliberately damage any website used in association with the Auction, or undermine the legitimate operation of the Auction may be a violation of criminal and civil laws and should such an attempt be made, the Organiser reserves the right to seek damages from any such person to the fullest extent permitted by law.
COLLECTION, USE AND DISCLOSURE OF PERSONAL INFORMATION
18. By entering the Auction and/or voluntarily providing his/her personal information, each participant consents and agrees to the collection, use and disclosure of the participant’s personal information by the Organiser and/or its partners and/or other affiliated or third parties directly involved in the organizing, promoting or conducting of the Auction for the purpose of administering the Auction and fulfilling the Winning Bid Items. The Organiser will not use a participant’s personal information for any
other reason, nor will the Organiser otherwise disclose it to any third party without the prior consent of the participant. All personal data supplied by participants will be subject to the Organiser’s Privacy Policy which can be found at
https://www.icpreowned.com.sg/privacy-policy.
19. By participating in the Auction, each participant warrants that all personal details, answers, responses and/or entries submitted to the Auction are the participant’s own information and are true and/or accurate. Where the participant provides any personal data relating to a third party or concerning another individual other than the participant, the participant represents and warrants to the Organiser that all necessary consents have been obtained from the relevant individuals to the collection, retention and/or use of their personal data for the purposes set out in the Terms and Conditions herein, and/or for the relevant purpose for which the personal data is collected. Participants agree to indemnify and keep indemnified the Organiser and its partners who organize, promote and administer the Auction against all claims, losses, damages and/or expenses whatsoever arising from any infringement or violation of any third party’s rights in relation to their participation in the Auction.
INDEMNITY
20. Participants shall indemnify the Organiser and its partners who organise, promote and administer the Auction against all costs, expenses, damages, liability or injury incurred by the Organiser and its partners who organise, promote and administer the Auction arising out of or relating to the participant’s entry into the Auction and/or the participant’s acceptance, use or misuse of the Winning Bid Items, including but not limited to any of the participant’s acts, omissions, statements, publications whatsoever as may be in breach of any law or legal rights, as the case may be.
LIMITATION OF LIABILITY
21. The Organiser and its partners administering the Auction assume no responsibility or liability for (a) any incorrect or inaccurate entry information, or for any faulty or failed electronic data transmissions; (b) any unauthorised access to, or theft, destruction or alteration of entries at any point in the operation of the Auction; (c) any technical malfunction, failure, error, omission, interruption, deletion, defect, delay in operation or communications line failure, regardless of cause, with regard to any equipment, systems, networks, lines, satellites, servers, camera, computers or providers utilized in any aspect of the operation of the Auction; (d) inaccessibility or unavailability of any network or wireless service, the internet or website or any combination thereof; (e) suspended or discontinued internet service, wireless or landline phone service; (f) any injury or damage to participant’s or to any other person’s computer or mobile device which may be related to or resulting from any attempt to participate in the Auction or download of any materials in the Auction. If, for any reason, the Auction is not capable of running as planned for reasons which
may include without limitation, infection by computer virus, tampering, unauthorised intervention, fraud, technical failures, or any other causes which may corrupt or affect the administration, security, fairness, integrity or proper conduct of the Auction, the Organiser reserves the right at its sole discretion to cancel, terminate, modify or suspend the Auction in whole or in part. In such event, the Organiser shall immediately suspend all entries and/or Winning Bid Items awards, and the Organiser reserves the right to award any remaining Winning Bid Items in a manner deemed fair and equitable by the Organiser. The Organiser shall not have any further liability to any participant in connection with the Auction. The participants agree that the Organiser and its partners who administer the Auction shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the Auction or the use of or reliance on any such content, goods or services available on the Organiser’s and its partners who administer the Auction and its respective social media platforms and website used in connection with the Auction. The participants further agree that the Organiser shall not be responsible or liable for any losses or injuries of any kind resulting from participating in the Auction or acceptance, possession and/or use or misuse of the Winning Bid items, or any part thereof, and agree to release, discharge and hold harmless the Organiser and its respective officers, directors, parent companies, subsidiaries, affiliates, related companies, advertising and promotional agencies, Auction administrators, third party services’ providers and Winning Bid Items suppliers from all claims or damages arising out of entrant’s participation in the Auction and/or acceptance, use or misuse of the Winning Bid Items, or any part thereof.
GENERAL
22. All selections and decisions made by the Organiser and in conjunction with this Auction are final and binding and no correspondence will be entered into about the Auction or the Organiser’s decision.
23. Without liability to any party, the Organiser shall be entitled to:
a. terminate or modify the Auction; or
b. modify these Terms and Conditions; or
c. substitute, withdraw or cancel any Winning Bid Items without disclosing any reason and without any payment of compensation whatsoever.
24. If any act, omission, event or circumstance occurs which is beyond the reasonable control of the Organiser, and which prevents the Organiser from complying with these Terms and Conditions or providing the Winning Bid Items, the Organiser will not be liable for any failure to perform or delay in performing its obligations.
25. All date and time references are based on Singapore GMT +8 Standard Time Zone.
26. All date and time references are based on estimates and may vary due to the actual conditions or further regulations implemented by the Government.
27. These Terms and Conditions shall be read together with the Organiser’s Retail Customer Order Form. In the event of conflict, the terms of the Organiser’s Retail Customer Order Form shall prevail. The terms herein shall be governed and construed in accordance with Singapore Law and the parties agree to submit to the exclusive jurisdiction of the Singapore Courts.
28. For the avoidance of doubt, the number of vehicles available in the Auction is subject to the sole discretion of the Organiser. All the vehicles that are made available by the Organizer for the purposes of the Auction are as published on <www.icpreowned.com.sg/auction>.
29. The vehicles that are made available by the Organizer for the Auction are pre-owned, second-hand vehicles and are sold “as is”. Participants are strongly advised to personally view the auction vehicle that they are bidding for, at the Inchcape Certified Preowned Showroom at 7 Chang Charn Road. The Auction Winner is deemed to have accepted the condition of the Winning Bid Vehicle upon his/her execution of the Organizer’s Retail Customer Order Form. The Organizer will not perform any additional refurbishment work to the Winning Bid Vehicle unless such refurbishment is paid for by the Auction Winner. If the Auction Winner decides not to purchase the Winning Bid Vehicle for any reason, including but not limited to any dissatisfaction with the Winning Bid Vehicle, his/her auction deposit shall be forfeited and the Winning Bid may be offered to another participant of the Organizer’s sole choosing.
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