TERMS & CONDITIONS

Al Mulla

TERMS AND CONDITIONS, INCLUDING THE RULES OF AUCTION

Updated: 30 May 2021

STANDARD TERMS AND CONDITIONS, INCLUDING THE RULES OF AUCTION, USE OF WEBSITE AND PRIVACY POLICY (COLLECTIVELY THE "TERMS AND CONDITIONS"): PLEASE READ THIS DOCUMENT CAREFULLY. YOUR USE OF THIS WEBSITE AND/OR ANY BID PLACED WITH AL MULLA CONFIRMS YOUR UNCONDITIONAL ACCEPTANCE HEREOF.

DEFINITIONS

  1. "Buyer" means the purchaser of the Goods;
  2. "Cleared Funds" means the approved bid purchase price paid by the Buyer into the Seller's nominated bank account, which funds are cleared by such nominated bank and to which the Seller has immediate access;
  3. "the Company" means Al Mulla
  4. "Contract" means any contract or agreement arising out of the acceptance of any offer, whether that contract arises out of an offer made by the Company and accepted by the Customer, or an offer made by the Customer and accepted by the Company;
  5. "Effective Date" means the date of payment of the approved bid purchase price;
  6. "Goods" means the motor vehicles and/or any other item listed for sale on the Website;
  7. "its" shall include "his" and "her";
  8. "party" shall mean the Buyer, the Seller and/or the Company and includes "parties";
  9. "Reserve Price" means the minimum price at which the Seller is prepared to sell the Goods;
  10. "Seller" means the seller of the Goods and may not always include the Company;
  11. "User" means the user, juristic or natural, of the Website and includes the Buyer and the Seller;

IMPORTANT NOTICES

  1. This document contains the standard terms and conditions of auction on which the Company auctions the Goods to the User.
  2. In the event that a further risk assessment is required the Seller reserves the right to conduct such assessment after the auction process is concluded and may cancel the sale transaction should the Seller no longer deem the transaction to fall within an acceptable threshold of our risk appetite to conclude the sale.
  3. These terms and conditions constitute the entire agreement between the Company and the User / Buyer relating to the subject matter hereof and shall be binding between the parties for all current and future online auctions of Goods, unless modified and/or amended by the Company. The Seller shall in addition to being bound to these terms and conditions furthermore be bound to the Seller's mandate entered into between the Company and the Seller.
  4. Nothing in these terms and conditions are intended to or must be understood to unlawfully restrict, limit or avoid any rights, obligations, as the case may be, created either of the User / Buyer or the Company.

ASSENT TO TERMS AND CONDITIONS

  1. The User, by its application for registration and subscription to the Website and the submission of electronic bids, warrants that it has read and understood all the terms and conditions contained in this document and agrees to be bound hereby.
  2. The Seller, by listing the Goods on the Website, warrants that it has read and understood all the terms and conditions contained in this document and, where applicable, agrees to be bound thereby.

INTRODUCTION AND COMPANY INFORMATION

  1. The Company is in the business of offering for auction on behalf of the Seller, from time to time, used motor vehicles using an electronic internet-based auction system.
  2. Information about the particular Goods on the Website are as provided by the Seller to the Company and the Company makes no representations or warranties with respect to the accuracy or completeness of any description. Save where the Company is the Seller of the Goods, the Company confirms that they have not inspected the Goods. The responsibility for the information provided in the listing of the Goods lies with the Seller and the Buyer acknowledges that it may not hold the Company liable or responsible for any defect or lack of fitness or merchantability or function of the Goods and shall indemnify the Buyer for any liability, claims or obligations of any nature arising or relating to the Goods
  3. The auctioneer is the Company, which auction takes place online
  4. The Website is run by the Company.

GENERAL

  1. These terms and conditions form the entire agreement between the parties. No other terms or conditions, whether express, tacit or implied shall apply to a Contract irrespective of the circumstances under which the Contract arose. No alteration or variation of these terms and conditions shall be of any force or effect unless and until recorded in writing and approved by the Company. All provisions and various clauses of these terms and conditions are, notwithstanding the manner in which they have been grouped together or linked grammatically, severable from each other.
  2. These standard terms and conditions may be periodically modified and/or amended by the Company at any time and in their sole discretion and it is the User's and the Seller's responsibility to ensure that they are familiar with the updated and/or amended terms. The User and the Seller's continued use of the Website signifies their acceptance of these terms and conditions and any updates and/or amendments thereof.

REGISTRATION BY THE USER

  1. The User:
    1. will complete, in full, the registration documents provided on the Website;
    2. certifies that the information provided by the User in all respects is true and correct;
    3. will furnish the Company with such supporting documentation as may be required by the Company for any reason whatsoever.
    4. acknowledges that the bidding for any Goods for sale on the Website and any sale concluded as a result thereof will give rise to a contractual relationship between the Seller and the Buyer.
  1. At the Company's absolute and sole discretion and upon compliance with the requirements of clause 30 above the Company will register the User as a subscriber to the Website and will, within a reasonable period of time, provide the User with a secret name and password and access to the Website for the purposes of viewing and bidding for Goods listed on auction on the Website.
  2. The Company reserves the right to decline or at any time cancel a User's registration for any reason whatsoever and for which the User will have no recourse.
  3. The User's registration to the Website is deemed to be consent by the User that the Company may conduct various checks on the User including, without limitation, credit reference checks with a registered credit bureau.
  4. The User shall furthermore make available to the Company and/or the Seller such information as may be required by the aforementioned.

1.    Should updated information be requested and be received within 7 (seven) business days of the request, the Users profile will remain active.

 

2.    It is required that the Company is notified without delay of any changes to the Users information

 

3.    Any documentation held by the Company may be provided by the Company, to a party with whom the User has successfully concluded a transaction on the website. The documents and information shall only be provided in relation to and as is necessary for the concluded transaction.

 

4.    The Company shall comply with any lawful request for information, with regards to Goods or Users.

    1. By accepting these terms and conditions User consents to the use and transfer of information to third parties, as set out in this clause 34.
  1. The User furthermore agrees and consents to the Company having access to and/or conducting credit reference checks in relation to the User.
  2. The User acknowledges that the Company:
    1. is not a party to the sale of any Goods;
    2. does not warrant that the Seller is willing and/or able to perform its obligations to the Buyer as contained herein; and
    3. will not be a party to any dispute between the Seller and the Buyer in relation to the Goods.

RULES OF AUCTION

  1. The Company is the auctioneer and the auction is a closed auction as defined in the Regulations.
  2. All bids placed through the Company will be submitted electronically through the Website and no alternative form of a bid will be accepted or considered valid for any reason whatsoever.
  3. Where the auction is subject to a Reserve Price, the Seller reserves the right to reject any bid below the minimum Reserve Price.
  4. By placing a bid the User warrants that they have the ability and the intention to proceed with the purchase of the Goods. All bids placed by the User constitute an irrevocable offer by the User to the Seller and may not be withdrawn by the User, unless otherwise agreed in writing by the Seller or the User.
  5. The Company and/or the Seller reserves the right, in its sole and absolute discretion and without reason to withdraw from an auction at any time before acceptance of a bid and/or to reject any bid received. If any particular Goods carry a Reserve Price then the Seller reserves the right to reject any bid submitted below that minimum Reserve Price.
  6. In the event of equal and/or similar competing bids being received during an auction the Company may, in their sole and absolute discretion, elect to accept one competitive bid over the other, elect to reject both the bids or withdraw the Goods for auction on the Website.
  7. Each and every auction opens when the Goods are uploaded onto the Website and will close weekly. The Company endeavours to use its best efforts to notify a bidding subscriber, per short message service or electronic mail, if any higher bids are placed on the Website immediately before the close time.
  8. Save for the situation provided for in clause 45 below, notice of acceptance of a successful bid will be forwarded, by electronic mail, to the Buyer notifying him of his successful purchase of the Goods. The receipt of such notice by the Buyer shall bind him to purchase the Goods from the Seller at the amount bid by the Buyer on the Website.
  9. Receipt of the electronic mail notice referred to in clause 44 above sent as a result of, among other things, a Website error or a defect in the Website or server will not be binding on the Company and/or the Seller and the Company reserves the right to retract the notice in such circumstances. The User shall have no recourse against the Company and/or the Seller in such circumstances whatsoever.
  10. In the event that a sales transaction is cancelled or reversed due to, but not limited to, the vehicle not being as describe on the auction, either party to the transaction, Buyer or Seller, shall attempt to resolve the matter between themselves.

VEHICLE PAYMENTS

  1. All payments made by the Buyer or Seller to the Company shall be made without deduction, bank charges or set-off.
  2. Where the Company is the Seller, the Seller shall, within 48 (forty eight) hours of payment reflecting as Cleared Funds, provide the Buyer with a receipt of payment received and the original vehicle registration papers.

CANCELLATION FEE

  1. The Company may, at its discretion, revoke the Buyers and/or Sellers access to buy or sell on auction. Should the Buyer or Seller, wish to gain access to participate in the Company's auctions again, the Company can, at its discretion allow participation once the payment of a non-refundable cancellation fee is made, as follows on a percentage of the deposit amount:

First Offence

50%

Second offence

100%

Any Offence thereafter

50%

TRANSFER OF OWNERSHIP

  1. Notwithstanding delivery of the Goods and/or registration papers, transfer of ownership in and to the Goods shall remain vested in the Seller until such time as the successful bid purchase price has been paid in full by way of payment of Cleared Funds into the Seller's nominated bank account.
  2. Ownership in and to the Goods shall be deemed to pass from the Seller to the Buyer once the Company has confirmed receipt of all Cleared Funds owing to the Seller.

POSSESSION, RISK AND DELIVERY

  1. Should the Buyer fail to collect the Goods from the Seller within a reasonable time as aforementioned then the Seller shall be entitled to store the Goods which storage and associated costs shall be for the Buyer's sole account

As Is

    1. The Goods are sold as is and as listed on the Website and/or inspected by the Buyer (in their sole discretion);
    2. The Seller and/or the Company shall not be liable for any latent or patent defects in and to the Goods;
    3. The Seller and/or the Company does not warrant the accuracy of the description of the Goods (as per the vehicle details listing and/or the advertisement);
    4. The Seller and/or the Company do not warrant the accuracy of the estimated reconditioning costs as may be provided with the vehicle details listing;
    5. Neither the Company nor the Seller shall be liable for any representations made to the Buyer by any person whatsoever prior to the conclusion of the sale, whether express, oral, implied or in any other form whatsoever.

WARRANTIES

The User

  1. The User warrants that:
    1. the information provided by it during the Website registration process is true and correct in all respects;
    2. upon the submission of a bid, the User is willing and able to effect payment of that sum plus any additional costs specified on the Website;
    3. it has not, directly or indirectly, engaged in or been involved in bid manipulation and/or unfairly induced any other person to make bids and/or alter and/or affect the bid price and/or in any way colluded with any person whomsoever, juristic or natural, to alter or attempt to alter a fair bidding process;
    4. it has viewed and/or inspected the Goods and/or hereby waives its right to view and/or inspect the Goods and has satisfied itself as to the condition thereof;
  1. The User furthermore warrants that he/she is over the age of 18 (eighteen) years.

The Seller

  1. The Seller warrants that:
  1. it is the owner or authorised agent of the Goods;
  2. it has used its best endeavours to accurately describe the Goods on the Company's Website and the listing description is accurate (it however being understood that it is the obligation of the Buyer to conduct the necessary investigation to satisfy itself as to the correctness of the information therein contained);
  3. the Goods will be made available for inspection by the User on reasonable notice;
  4. the Goods will, as at the Effective Date, be in substantially the same condition as at the listing date; and
  5. the Goods will be available for collection immediately after confirmation of receipt of Cleared Funds into the Seller's nominated bank account.

BREACH

  1. In the event of the Buyer breaching any of the terms and conditions of this Agreement, the Seller and/or the Company shall be entitled (but not obliged) by written notice to the Buyer to:
    1. claim specific performance; or
    2. cancel the Contract (and any sale concluded in terms thereof); and
  1. In either of the above instances the Seller and/or the Company may claim such damages as it may have suffered as a consequence of the Buyer's breach.
  2. The aforegoing remedies shall be in addition to such remedies which the Seller and/or the Company may have under the common law.

LIMITATIONS AND INDEMNITY

  1. In addition to any other specific exclusions of liability contained herein and unless otherwise expressly stated herein, the Parties agree that the Buyer shall have no claim against the Company for any loss or damage, of any nature whatsoever, occasioned by any defect, whether patent or latent, or product liability in the Goods supplied by the Seller or any failure to provide adequate instructions in respect of any hazards that might arise from the use or incorrect use of the Goods or the User's use or inability to use any Goods sold on the Website.
  2. In the event of the breach of these terms and conditions by the Company, the User's remedies shall be limited to damages which shall under no circumstances exceed the purchase price of the Goods.
  3. The User acting as Seller or as Buyer hereby indemnify and hold harmless the Company acting in any capacity (including as a seller) and waives any right that it may have to claim against the Company in relation to any loss which it may suffer occasioned by the unauthorised use of the User's Website secret password and user name.

ASSIGNMENT AND SUCCESSION

  1. The User may not actually or purportedly cede, assign or otherwise alienate any rights or obligations which it may have in terms hereof or in terms of any Contract with the Seller, without the prior written consent of the Company and/or Seller, which consent will not be unreasonably withheld.
  2. These terms and conditions and the Contract, where applicable, shall be binding on the Buyers heirs, trustees, liquidators, curators and/or successors in title.