Terms and Conditions for the Mudah Auto Tender Bidding Events
Eligibility and Registration
a. Participants must be at least 18 years old and possess a valid driver’s license (each a “Participant”, collectively known as “Participants”).
b. Registration is required to participate in the tender bidding events hosted by mCars Sdn Bhd (“Mudah Auto” or “We” or “Us” or “Our”) (“Events”) and must be completed before the tender bidding events.
Tender Bidding Process
a. The highest bid price received during the Events for each vehicle offered for tender (“Vehicle”) (“Offer”) will be forwarded to the seller of the Vehicle (“Seller”) to consider.
b. The Seller is given 24 hours to accept the Offer and thereafter is required to send the Vehicle to designated Mudah Auto hub for inspection within three (3) working days from acceptance of the Offer (the “Inspection”).
c. A vehicle inspection report will be sent to the successful bidder of the highest bid (“Successful Bidder”) for review and the Successful Bidder is given 24 hours to proceed with the Offer.
d. Thereafter the Seller is required to deliver the said Vehicle to Mudah Auto’s designated hub within three (3) working days upon confirmation by the Successful Bidder to proceed with the Offer.
Payment
a. The Successful Bidder shall pay Mudah Auto the following handling fee within 24 hours upon confirmation by the Successful Bidder to proceed with the Offer.
The handling fee is charged based on the final transaction price of the Vehicle with a fee structure is as follows:b. The Successful Bidder shall be responsible for all fees, levies, costs and expenses related to or connected with the sale and transfer, repossession, financing of the Vehicle and any other incidental costs and expenses incurred by Mudah Auto (if any) in relation thereto (“Incidental Charges”). Such Incidental Charges shall be payable by the Successful Bidder in full before the ownership transfer and the delivery of Vehicle, unless otherwise stated.
c. The Seller shall be fully responsible for any fees arising from the redemption of his loan for the Vehicle.
d. Payment can be made either via DuitNow or immediate Interbank Transfer.
Vehicle
a. Vehicles are sold “as-is” with no warranties or guarantees. For avoidance of doubt, all contracts for the sale of the Vehicle by the Seller to the Successful Bidder is made under the tender bidding process (each a “Transaction”, collectively known as “Transactions”), and Mudah Auto is not a party to the Transaction.
b. The Seller understands and agrees that the Seller is fully responsible for any damages, repairs, traffic offences, maintenance prior to the transfer of ownership of the Vehicle to the Successful Bidder.
c. The Successful Bidder understands and agrees that the Successful Bidder is fully responsible for any damages, repairs, traffic offences, maintenance upon the transfer of ownership of the Vehicle to the Successful Bidder.
Seller’s undertakings
a. The Seller agrees and shall procure that: (i) there are no material changes to the parts, accessories and condition of the Vehicle from the date of the Inspection and as disclosed to Mudah Auto, up until the transfer of ownership to the Successful Bidder; (ii) on the handover date, the Seller shall (where applicable) handover all keys, remote controls, owner’s manual and other documents in respect of the Vehicle to the Vendor.
Representations and Warranties
a. The Seller and the Successful Bidder each represents and warrants that: (i) it has the full power and authority to enter into the Transaction and to carry out the transactions contemplated by it, and has taken all action necessary to authorise the execution, delivery and performance of the Transaction; (ii) the execution and delivery of the Transaction by them do not and will not conflict with or result in a breach of any terms of, or constitute a default under, any agreement, obligation or instrument to which he/she/it is a party or by which he/she/it is bound; and (iii) all statements and particulars made or given to Mudah Auto were and remain true and accurate in all respects and is not misleading in any way.
b. Seller’s representations and warranties: The Seller represents and warrants that: (i) it is the sole owner of the entire right, title and interest in and full authority to sell the Vehicle; (ii) the Vehicle shall be sold and transferred to the Successful Bidder free and clear of all liens and encumbrances, unless otherwise agreed upon by the Successful Bidder in writing; (iii) the Vehicle to be of merchantable and satisfactory quality, in good and proper order and suitable or fit for the purpose for which such Vehicle is commonly supplied; and (iv) the Vehicle is not a stolen property or property obtained in whole or in part through an offence involving fraud or dishonesty or which has been transferred by the commission of gang-robbery, and does not, in whole or in part, directly or indirectly, represent another person’s benefits from criminal conduct.
Rights, Liabilities & Disclaimers
a. Mudah Auto is not liable or responsible for handling any disputes between the Seller and/or the Successful Bidder. Mudah Auto expressly disclaims any and all liability or responsibility in relation to the accuracy or completeness of the Vehicle information or the condition of a Vehicle sold. It is the sole responsibility of the Successful Bidder to ascertain, confirm, research, inspect, and/or investigate each Vehicle and any and all Vehicle information prior to entering into the Transaction.
b. The Seller retains ownership rights in the Vehicle information provided to Mudah Auto but the Seller grants Mudah Auto and any of Mudah Auto’s third-party providers, a worldwide, fully-paid, royalty-free, sub-licensable, and transferable licence to host, store, use, display, reproduce, modify, adapt, edit, publish and distribute such Vehicle information for the purpose of operating, developing, providing, promoting, and improving the tender bidding services, and to research and develop new products and services.
c. Mudah Auto does not represent or warrant that any Vehicle placed in the tender bidding process will lead to a sale.
d. EACH PARTICIPANT ACKNOWLEDGES AND AGREES THAT THE PARTICIPANT’S ONLY RIGHT WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE TENDER SERVICES OFFERED BY MUDAH AUTO HEREUNDER IS TO DISCONTINUE ANY USE OF THE SERVICES. IN NO EVENT SHALL MUDAH AUTO BE LIABLE FOR ANY LOSS, DAMAGE, COSTS, LEGAL COSTS, PROFESSIONAL OR OTHER EXPENSES INCURRED OR SUFFERED BY A PARTICIPANT, WHETHER DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY, ARISING OUT OF OR IN CONNECTION WITH (A) THE PARTICIPANT’S USE OF THE SERVICES, OR (B) THE CONDUCT OF OTHER PARTICIPANTS OF MUDAH AUTO’S SERVICES.
Indemnities
The Seller and the Successful Bidder agree to indemnify and hold Mudah Auto fully harmless at all times against any and all costs, charges, fees, expenses (including reasonable legal costs), and liabilities incurred or imposed on Mudah Auto in connection with: (i) any of the following: (a) a breach of these terms; (b) a breach of any representation or warranty; (c) the loss, damage, repair, preservation, recovery, or repossession of the Vehicle(s), or the enforcement of these terms; (d) any act, omission, default, or negligence by the Seller/Successful Bidder, or any breach of applicable laws relating to the Vehicle(s) or its use; (e) losses, injuries, or damages suffered by any person (including the Seller) arising from the Seller’s authorisation of the sale of a Vehicle under these terms or a Letter of Authorisation; and (ii) defending any claim related to non-conformity of the Vehicle under Malaysia’s consumer protection laws. These indemnification obligations will apply to the fullest extent permitted by law and shall survive the termination or expiry of these terms.
Collection, Use and/or Disclosure of Information
Each Participant to the tender bidding process consents to and (where relevant) shall procure that all relevant individuals whose personal data has been disclosed to Mudah Auto by or through the Participants (including authorised signatories and representatives) (collectively, “Relevant Individuals”) consent to, Mudah Auto, its officers, employees, agents and advisers collecting, using or disclosing such information relating to the Participant (and the Relevant Individuals) to the extent that the information is personal data, in connection with the processing of participation for the Events, payments under these terms, and subsequent process relating to the Transaction (where applicable) and will not be shared with any other third parties without consent unless otherwise required or permitted in accordance with applicable law.
Event Changes
Mudah Auto reserves the right to modify or cancel the event at any time. Participants will be notified of any changes as soon as possible.
Acceptance of Terms
By participating in the Event, Participants agree to abide by these terms and conditions.
Governing law
This Agreement shall be governed by and construed in accordance with the laws of Malaysia. Each Seller and Successful Bidder hereby submit to the exclusive jurisdiction of the courts of Malaysia.
b. The Successful Bidder shall be responsible for all fees, levies, costs and expenses related to or connected with the sale and transfer, repossession, financing of the Vehicle and any other incidental costs and expenses incurred by Mudah Auto (if any) in relation thereto (“Incidental Charges”). Such Incidental Charges shall be payable by the Successful Bidder in full before the ownership transfer and the delivery of Vehicle, unless otherwise stated.
