Seng Cars Services
We are in the business of operating one-stop centre where you can:-
(a) sell Your Used Vehicle to Us or Our Partner Buyers;
(b) purchase Your New Vehicle from Us, book and arrange a test drive, and apply for financing and/or insurance for Your New Vehicle through Our Partner Financiers and/or Partner Insurers, with services are made available partly and/or wholly via the Platform; and/or
(c) purchase Your As-Is Vehicle from Us, book and arrange a test drive, and apply for financing and/or insurance for Your As-Is Vehicle through Our Partner Financiers and/or Partner Insurers, with services made available partly and/or wholly via the Platform.
These Seng Cars Services T&C set out the terms and conditions that govern Our Seng Cars Services. The Seng Cars Services T&C comprise the following:-
- Part A : T&C governing your personal data;
- Part B1 : T&C governing your sale of Your Used Vehicle to Us;
- Part B2 : T&C governing your sale of Your Used Vehicle to Our Partner Buyers;
- Part B3 : General T&C governing your sale of Your Used Vehicle;
- Part C1 : T&C governing your purchase of Your New Vehicle from Us;
Please read these Seng Cars Services T&C carefully as they affect your rights and liabilities when opting for Seng Cars Services. Your unequivocal acceptance is indicated by selecting the applicable parts of these Seng Cars Services T&C. These Seng Cars Services T&C shall be read together with all other documents presented to and/or executed by you.
Note: You are entering into a legally binding agreement.
PART A : YOUR PERSONAL DATA
YOUR PERSONAL DATA
You agree to comply with all data protection provisions including, without limitation, the Personal Data Protection Act 2010, its subsidiary legislation and any other applicable legislation relating to data protection. In this regard, you consent to the processing of your personal data (as defined in the Personal Data Protection Act 2010) by Us in accordance with the provisions of the Privacy Notice https://sengcars.com.my/privacy-notice and for such purposes as may be necessary for the provision of Seng Cars Services or as may be stipulated in these Seng Cars Services T&C and the Privacy Notice. We reserves the right to modify, update and/or amend the Privacy Notice at any time. It shall be your responsibility to monitor for such modification, updates and/or amendments. Your use and continued use of the Seng Cars Services following the modification, updates and/or amendments will constitute your unequivocal acceptance thereof.
CREDIT CHECKS
You authorize and give full consent to Us to conduct credit check, trade check and/or other check(s) on you and/or Your Used Vehicle as We deem fit, including, but not limited to, checking with registered credit bureau and/or any reporting agency(ies) under the Credit Reporting Agencies Act 2010 for the purpose of assessing your creditworthiness (such as CTOS Data Systems Sdn. Bhd., Central Credit Reference Information System, Experian Information Services (Malaysia) Sdn. Bhd. and Financial Information Services Sdn. Bhd.). This authorization extends at any time while you have a relationship with Us or while any dues remain unpaid and outstanding with Us. You agree to execute all necessary consent forms and/or to provide any additional documents for such credit checks. You understand and agree that any information given by you, including personal data collected or held by Us (whether obtained through the Platform, your previous or current transactions with Us or otherwise obtained) may be processed, held, used and/or disclosed to any relevant credit bureau, reporting agency and/or credit checking officer as We deem necessary, particularly in the event of any non-compliance on your part, without any liability and prior notice to you.
PART B : SELLING YOUR USED VEHICLE
You expressly authorize the sale of Your Used Vehicle to:-
(a) Us; or
(b) one of Our Partner Buyers via a bidding system on the Platform.
PART B1 : SELLING YOUR USED VEHICLE TO US
1. In-House Inspection and Mobile Inspection
We shall conduct a physical inspection of Your Used Vehicle, collecting details and photographs of Your Used Vehicle and the Transaction Documents at:-
1.1. any of during Our operating hours; or
1.2. subject to Our availability and your prior appointment with Our dedicated staff, at your selected location in Malaysia.
You agree that the inspection of Your Used Vehicle is based solely on visual and external checks of Your Used Vehicle and is limited to the parts and/or items identified on the inspection report. We shall not be held liable or responsible for any latent defects subsequently discovered.
We do not provide any implied or express warranty regarding the nature, reliability, accuracy or completeness of any information contained in the inspection report or its fitness of the information for any intended purpose, except those warranties which are implied by and incapable of exclusion, restriction and/or modification under the laws applicable to these Seng Cars Services T&C. You agree to rely on the inspection report at your own risk and judgment.
We shall not be obliged to check for any manufacturer recall notices and the obligation is on you to check that Your Used Vehicle is not subject to a recall notice.
We shall also not be responsible for verifying the accuracy of the vehicle mileage indicated by Your Used Vehicle’s odometer.
2. Offer
Following the inspection and Our satisfaction with the condition of Your Used Vehicle, We shall present you with an Offer, including an Offer Price.
3. Acceptance
You shall place your Acceptance to Our Offer within twenty-four (24) hours from the date of the Offer, failing which, you shall be deemed to have rejected Our Offer.
4. Delivery and Completion of Sale
4.1. Subject to Our availability and your prior appointment with Our dedicated staff, you shall arrange for delivery of Your Used Vehicle and Transaction Documents to Us within five (5) days of your Acceptance. Alternatively, we may arrange for collection at any location in Malaysia mutually agreed upon by Our dedicated staff and you.
4.2. Your Used Vehicle shall be subject to a further inspection to verify its conditions since the initial inspection.
4.3. If We are satisfied with the condition of Your Used Vehicle and that:-
4.3.1. Your Used Vehicle is subject to any facility or hire purchase with a third party (including a financial institution), We shall be entitled to arrange for the settlement of the Outstanding Amount, and you shall provide or procure a redemption letter and/or a settlement letter from such third party (including a financial institution) to evidence such settlement. The Outstanding Amount settled shall be set off against the Offer Price. You shall provide or procure the third party (including a financial institution) to issue Us with a settlement letter of the facility/hire purchase upon Our full settlement thereof.
(a) If any portion of the Offer Price remains after setting off the Outstanding Amount (and any Deposit in accordance with Item 3 Part C1 or Item 3 Part C2 of these Seng Cars Services T&C, if applicable), We shall remit such remaining part of the Offer Price to you within twenty-four (24) hours upon your delivery of physical possession of Your Used Vehicle and the Transaction Documents to Us.
(b) If the Offer Price is insufficient to set off the Outstanding Amount, you shall first settle such difference before We remit the Offer Price to the relevant party (including financial institution). Thereafter, you shall immediately deliver physical possession of Your Used Vehicle and the Transaction Documents to Us.
4.3.2. Your Used Vehicle is unencumbered, you shall immediately deliver physical possession of Your Used Vehicle and the Transaction Documents to Us. We will then remit the Offer Price (after setting off any Deposit in accordance with Item 3 Part C1 or Item 3 Part C2 of these Seng Cars Services T&C, if applicable), to you within twenty-four (24) hours of such delivery.
4.3.3. If We are not satisfied with the condition of Your Used Vehicle (due to factors including, but not limited to, Your Used Vehicle having been involved in a major accident, fire, frame damage, mileage tempering, odometer fraud and/or has been
declared total loss or beyond economic repair (BER), undisclosed flood damage or any other material adverse condition), We shall be entitled to terminate the Offer and your Acceptance with immediate effect. We shall not have any liability towards you under any circumstances and you shall have no claims against Seng Cars for the cancellation of the sale of Your Used Vehicle.
PART B2 : SELLING YOUR USED VEHICLE TO OUR PARTNER BUYERS
1. Relationship
1.1 We will facilitate the sale between you and Our Partner Buyers by listing Your Used Vehicle on the Platform. You shall be the seller of Your Used Vehicle, and Our Partner Buyers shall be the purchasers thereof, not Us. We will promote and market Your Used Vehicle to Our Partner Buyers to help you achieve a competitive price. You are free to continue to use Your Used Vehicle until a successful bid is accepted by you.
1.2 For the avoidance of doubt, We do not guarantee that Your Used Vehicle entering a Bidding Event will result in its sale at your desired selling price, nor can We guarantee the time it will take for Your Used Vehicle to be sold.
1.3 You agree to appoint Us (and any other individual, employees, officers, sub-contractors and/or agents as We may duly appoint as Our representatives) to act as your facilitator for the sale of Your Used Vehicle.
1.4 You irrevocably agree and undertake that you will not collude with any of Our Partner Buyers or purchaser to complete a transaction independently and separately in order to circumvent such Partner Buyers’ or purchasers’ obligation to pay any fee to Us, and that you are obliged to report to Us in a timely manner if any such attempt is made known to you, failing which, We reserve the right to report you to the relevant authorities, initiate legal action against you, and bar you from engaging Seng Cars Services, whether at present or in the future.
2. Bidding Related Services Provided By Us & Fee (if any)
We provide the following services:-
2.1 acting as your facilitator for the sale of Your Used Vehicle;
2.2 conducting a preliminary physical inspection on Your Used Vehicle and collecting details and photographs of Your Used Vehicle and the Transaction Documents at:-
2.2.1 any of during Our operating hours; or
2.2.2 subject to Our availability and your prior appointment with Our dedicated staff, at your selected location in Malaysia;
2.3 advising you on the recommended listing and/or sale price of Your Used Vehicle;
2.4 attending to the listing of Your Used Vehicle on the Platform and communicating the details of Your Used Vehicle to Our Partner Buyers;
2.5 conducting a Bidding Event in an attempt to obtain a competitive Offer Price for Your Used Vehicle;
2.6 communicating to you the bid price; and
2.7 facilitating the ownership transfer process of Your Used Vehicle (in which you undertake to do everything necessary to procure the transfer of Your Used Vehicle’s ownership) and remitting payment to you upon the satisfaction of the following conditions:
2.7.1 Our receipt of the purchase price (the final bid price accepted by you) from Our Partner Buyers or purchasers; and
2.7.2 your delivery of the physical possession of Your Used Vehicle and the Transaction Documents to Us.
Subject to the completion of the sale and purchase of Your Used Vehicle and in consideration of the Bidding Related Services above, We shall be entitled to charge a fee disclosed to you prior to the provision of the Bidding Related Services.
3. Bidding of Your Used Vehicle & Acceptance
3.1 You expressly authorize Us to list Your Used Vehicle on the Platform for the Bidding Event without further reference to you. The starting bid price for Your Used Vehicle shall be an amount recommended by Us, taking into account the market value of Your Used Vehicle prior to the Bidding Event.
3.2 You shall indicate your Acceptance of any bid within twenty-four (24) hours (or such other period as We may determine at Our sole discretion) following the closing of the Bidding Event, failing which, you shall be deemed to have rejected all bids. Upon your Acceptance of the bid, you are obliged to sell Your Used Vehicle to the successful bidder.
3.3 The price at which Acceptance occurs shall be known as “Acceptance Price”.
4. Delivery and Completion of Sale
4.1. Subject to Our availability and your prior appointment with Our dedicated staff, you shall arrange for delivery of Your Used Vehicle and Transaction Documents to Us within five (5) days from your Acceptance date. Alternatively, We may arrange for collection at a location in Malaysia mutually agreed upon by Our dedicated staff and you.
4.2. Your Used Vehicle shall be subject to a further inspection to verify its conditions since the initial inspection.
4.3. If We are satisfied with the condition of Your Used Vehicle and that:-
4.3.1. Your Used Vehicle is subject to any facility or hire purchase with a third party (including a financial institution), We shall be entitled to arrange for the settlement of the Outstanding Amount, and you shall provide or procure a redemption letter and/or a settlement letter from such third party (including the financial institution) to evidence such settlement. The Outstanding Amount settled shall be set off against the Acceptance Price. You shall further provide or procure the third party (including a financial institution) to issue Us with a settlement letter of the facility/hire purchase upon Our full settlement thereof.
(a) If any portion of the Acceptance Price remains after setting off the Outstanding Amount (and any Deposit in accordance with Item 3 Part C1 or Item 3 Part C2 of these Seng Cars Services T&C, if applicable), We shall remit such remaining part of the Acceptance Price to you within twenty-four (24) hours upon your delivery of physical possession of Your Used Vehicle and the Transaction Documents to Us, provided that the full purchase price has been received by Us from Our Partner Buyers or purchasers.
(b) If the Acceptance Price is insufficient to set off the Outstanding Amount, you shall first settle such difference before We remit the Acceptance Price to the relevant third party (including financial institution). Thereafter, you shall immediately deliver physical possession of Your Used Vehicle and the Transaction Documents to Us.
4.3.2. If your Used Vehicle is unencumbered, you shall immediately deliver physical possession of Your Used Vehicle and the Transaction Documents to Us. We will then remit the Acceptance Price (after setting off any Deposit in accordance with Item 3 Part C1 or Item 3 Part C2 of these Seng Cars Services T&C, if applicable) to you within twenty-four (24) hours of such delivery, provided that the full purchase price has been received by Us from Our Partner Buyers or purchasers.
4.3.3. If We are not satisfied with the condition of Your Used Vehicle (due to the factors including, but not limited to, Your Used Vehicle has been involved in a major accident, fire, frame damage, mileage tempering, odometer fraud and/or has been declared total loss or beyond economic repair (BER), or undisclosed flood damage or any other material adverse condition), We, on behalf of Our Partner Buyers, shall be entitled to:-
(a) terminate the Offer and your Acceptance with immediate effect. We shall not have any liability towards you under any circumstances, and you shall not have any claims against Us for the cancellation of the sale of Your Used Vehicle; or
(b) make a fresh Offer, upon which these Seng Cars Services T&C shall apply.
PART B3 : GENERAL TERMS ON SELLING YOUR USED VEHICLE
1. Use of Your Used Vehicle Pending Delivery and Completion of Sale
If for any reason We and/or Our Partner Buyers have remitted any amount to a third party (including a financial institution with whom Your Used Vehicle is under a hire purchase arrangement) but have yet to take physical possession of Your Used Vehicle or the transfer of ownership of Your Used Vehicle to Us has yet to take effect, you acknowledge and agree to the following:-
1.1 ownership of Your Used Vehicle rests with Us or Our Partner Buyers, and you are holding Your Used Vehicle on trust for Us or Our Partner Buyers;
1.2 until We have taken physical possession and ownership of Your Used Vehicle, you shall not use Your Used Vehicle any further, except to facilitate delivery of physical possession to Us, nor shall you deal with Your Used Vehicle any further, except to facilitate transfer of ownership to Us or Our Partner Buyers; and
1.3 if the condition of Your Used Vehicle changes or is altered in any manner since Our last inspection, We or Our Partner Buyers shall be entitled to terminate the transaction without further liability to you and shall be entitled to recover from you all sums paid towards the purchase of Your Used Vehicle from you.
2. Your Warranties
2.1 In consideration of the foregoing, you represent and warrant to Us that:-
2.1.1 you are the rightful, registered, legal and beneficial owner of Your Used Vehicle and have the absolute power, right and authority to enter into the arrangements contemplated herein, and your entry into these Seng Cars Services T&C and/or the sale of Your Used Vehicle will not breach any agreement, provision or covenant with any third party;
2.1.2 except as notified by you prior to your Acceptance, Your Used Vehicle is free and clear of all liens, loans and encumbrances;
2.1.3 Your Used Vehicle is not stolen goods, was not obtained fraudulently, has not been used in any illegal activities, involved in any crime, or installed with any illegal parts and/or accessories thereon;
2.1.4 the chassis number, engine number, mileage or odometer of Your Used Vehicle has not been tampered with;
2.1.5 Your Used Vehicle has not undergone any engine replacement or modification without endorsement from the appropriate authorities and in contravention of any applicable laws, directives, instructions, guidelines, procedures, codes, regulations, standard operating procedures (SOP), policies, standards, or rules of any regulatory bodies, authorities, government, court, tribunal or other judicial authority;
2.1.6 Your Used Vehicle is free from any summons, fines, penalties or outstanding parking fees, and We shall not be held responsible or liable for any summons, fines, penalties or outstanding parking fees incurred prior to or at the time of sale of Your Used Vehicle to Us, Our Partner Buyers or purchaser. You shall indemnify and hold Seng Cars harmless in full from and against any and all claim, demand, liability, damage, loss, costs (including legal costs), or expense suffered or incurred by Seng Cars arising out of such summons, fines, penalties, or outstanding parking fees;
2.1.7 Your Used Vehicle is free from any lawsuits, claims, injunctions, investigations, proceedings, legal or any regulatory actions. You shall indemnify and hold Us harmless in full from and against any and all claim, demand, liability, damage, loss, cost (including legal costs), or expense suffered or incurred by Seng Cars arising out of such lawsuits, claims, injunctions, investigations, proceedings, legal, or any regulatory actions;
2.1.8 Your Used Vehicle is roadworthy, fully serviced and comply with all requirements of the Road Transport Department of Malaysia;
2.1.9 you shall promptly inform and disclose to Us any defectiveness and/or condition relating to Your Used Vehicle that is known or should reasonably have been known to you at any time prior to, during, or after the Offer or Bidding Event, and shall continue to keep Us informed of the condition of Your Used Vehicle at all time until Your Used Vehicle is successfully sold and delivered to Our possession. For the avoidance of doubt, “defectiveness” shall include but not limited to major accident, flood, fire, frame damage, total loss, replacement of engine, cut and joint, modification, engine drivetrain, transmission, other major mechanical or electric parts that do not operate (including problems with steering, clutch, suspension or brakes), and “condition” includes, but is not limited to, all information regarding the ownership, history, accident record, financing, or insurance particulars of Your Used Vehicle;
2.1.10 the condition of Your Used Vehicle on the date We receive or take physical possession of Your Used Vehicle is the same as the condition of Your Used Vehicle during the inspection of Your Used vehicle or at the time of publication of the inspection report;
2.1.11 the Transaction Documents and any other documents related to Your Used Vehicle are complete, up-to-date and genuine;
2.1.12 if Your Used Vehicle is subject to any outstanding facility or hire purchase amount with a third party (including a financial institution), whether presently or previously, you shall procure or cause thee-batal slip to be furnished to the relevant authorities;
2.1.13 you have obtained and will continue to maintain all related documentation, insurance, permits or licenses required for Your Used Vehicle, including, but not limited to, those obtained from authorized government officials or pursuant to such applicable laws and requirements, and you shall submit copies of such permits or licenses to Us, where required; and
2.1.14 all information provided by you to Us is true, up-to-date and accurate; and
2.1.15 in relation to Your Used Vehicle’s condition, Your Used Vehicle:
(i) has not been affected by fire and/or frame damage;
(ii) has not been involved in major accident;
(iii) has not been involved in a vehicle cloning activity;
(iv) has not been declared as a total loss or BER;
(v) has not been a “cut and join” (kereta potong) or blacklisted by any government authority;
(vi) is not a used government official vehicle; and/or
(vii) has a visible chassis or engine number.
2.1.16 all material conditions of Your Used Vehicle, including, but not limited to any past involvement in a major accident or flood, have been fully and accurately disclosed to Us prior to the Acceptance;
2.1.17 should you wish to retain your Used Vehicles’ number plate (“Interchange”), you shall promptly and without delay promptly do all acts and execute all documents whenever requested by Us and the relevant authorities to give effect to the Interchange;
2.1.18 should Your Used Vehicle be an E-hailing vehicle, you shall, prior to selling Your Used Vehicle to Us or Our Partner Buyers, and at your own cost and expense:
(i) revert Your Used Vehicle status back to Private – Individual; and
(ii) complete the necessary inspections and biometric fingerprint authentication with the relevant authorities;
You shall indemnify and hold Us harmless in full from and against any and all claim, demand, damage, expense, loss, liability and/or costs (including legal costs) suffered or incurred by Us as a result of your failure, refusal or delay in complying with the aforesaid obligations.
2.2 If any of Your Warranties (save for Item 2.1.7 of Part B3 of these Seng Cars Services T&C) at any time be found to have been untrue, incorrect, misleading or inaccurate in any respect, then, notwithstanding anything to the contrary herein contained and without prejudice to any of Our other rights and remedies stated herein or under the laws (including institution of legal proceedings against you), We shall have the right to terminate the entire sale transaction of Your Used Vehicle, remove the listing of Your Used Vehicle from the Platform and/or terminate these Seng Cars Services T&C with you. In such event, We shall be entitled to demand a refund from you of the full purchase price remitted by Us, and in exchange, We will return to you the physical possession of Your Used Vehicle and the Transaction Documents delivered and deposited by you to Us.
2.3 If your warranty referred to in Item 2.1.7 of Part B3 of these Seng Cars Services T&C at any time be found to have been untrue, incorrect, misleading or inaccurate in any respect, then, notwithstanding anything to the contrary herein contained and without prejudice to any of Our other rights and remedies stated herein or under the laws (including institution of legal proceedings against you), We shall have the right to terminate the entire sale transaction of Your Used Vehicle, remove the listing of Your Used Vehicle from the Platform or terminate these Seng Cars Services T&C with you. In such event, We shall be entitled to demand a refund from you of the full purchase price remitted by Us. In the event Your Used Vehicle is under the custody of relevant authorities or is transferred into the custody of the relevant authorities, you acknowledge that We are unable to return to you the physical possession, ownership and the Transaction Documents of Your Used Vehicle delivered and deposited by you to Us. Therefore, you acknowledge that We shall not be obliged to return to you the physical possession, ownership and the Transaction Documents of Your Used Vehicle delivered and deposited by you to Us.
2.4 We reserve the right to report you to the relevant authorities if We have proof or reasonably believe that you have engaged in fraudulent or illegal practice and/or activities with regard to Your Used Vehicle, or have undertaken any activities harmful and/or prejudicial to Us during the course of Seng Cars Services.
2.5 If Your Used Vehicle is a e-hailing registered vehicle, you shall, at your own costs and expenses, observe the following procedures to change the classification of Your Used Vehicle:
2.5.1 contact the relevant e-hailing company to request Agensi Pengangkutan Awam Darat (APAD) for the cancellation of e-Hailing Vehicle Permit (EVP);
2.5.2 ensure Your Used Vehicle undergoes B2 and B3 inspection at PUSPAKOM, and complete the ownership transfer and “Tukar Kelas”; and
2.5.3 perform a biometric fingerprint authentication at the nearest JPJ branch.
3. Non-Registration
3.1 In the event the legal ownership of Your Used Vehicle cannot be transferred for any reason whatsoever, We shall be entitled to take any or all of the following actions:-
3.1.1 to demand a refund from you to Us/Our Partner Buyers of the full purchase price remitted by Us/Our Partner Buyers to you and/or such third party for the purpose of purchasing Your Used Vehicle;
3.1.2 to demand payment from you to Us/Our Partner Buyers for any amount deemed necessary by Us and/or perform any action deemed necessary by Us to facilitate the registration and/or the transfer of your Used Vehicle;
3.1.3 in exchange, and provided that your Used Vehicle is not under the custody of relevant authorities or is transferred into the custody of the relevant authorities, We will return to you the physical possession of Your Used Vehicle and the Transaction Documents delivered and deposited by you to Us/Our Partner Buyers. In the event Your Used Vehicle is under the custody of relevant authorities or is transferred into the custody of the relevant authorities, you acknowledge that We are in no position to return to you the physical possession, ownership and the Transaction Documents of Your Used Vehicle delivered and deposited by you to Us. Therefore, you acknowledge that We shall not be obliged to return to you the physical possession, ownership and the Transaction Documents of Your Used Vehicle delivered and deposited by you to Us. Further, you shall not have any claims against Us for the cancellation of the sale of Your Used Vehicle.
4. Other Services
If you require any of Our authorised employee, representative and/or agent to drive Your Used Vehicle as part of the provision of Our Seng Cars Services to facilitate the sale of Your Used Vehicle, you shall authorize and nominate such person to be a driver. You agree that, save for warranties implied by and incapable of exclusion, restriction, or modification under the laws applicable to these Seng Cars Services T&C, neither We nor such authorized person shall be liable for any loss or damage to Your Used Vehicle and any other losses, damages, costs or expenses whatsoever and howsoever caused (including, without limitation, the loss of no-claim bonus in respect of Your Used Vehicle’s insurance) unless caused by Our gross negligence, fraud or wilful default. You further agree and acknowledge that, save for warranties implied by and incapable of exclusion, restriction, or modification under the laws applicable to these Seng Cars Services T&C, We and Our employees, representatives and/or agents shall have no responsibility for risk or liability arising from bodily injury, death or property damage due to the negligence of a third party while providing the Seng Cars Services. However, We do not exclude liability for death or personal injury caused by Our gross negligence, fraud or wilful default or any other liability that cannot be excluded or limited by laws applicable to these Seng Cars Services T&C. None of your statutory rights are affected.
PART C : BUYING YOUR NEW VEHICLE OR YOUR AS-IS VEHICLE
If you wish to buy Your New Vehicle or Your As-Is Vehicle from Us via the Platform, you may opt to:-
(a) apply for financing for the purchase via one of Our Partner Financiers; and/or
(b) apply and purchase vehicle insurance via Partner Insurers.
PART C1 : BUYING YOUR NEW VEHICLE FROM US
1. Offer to Purchase Your New Vehicle and Booking Fee
1.1 You shall indicate your Offer to Purchase by selecting Your New Vehicle via the Platform and submitting the requisite information and documents as indicated on the Platform and as We may request from time to time. By placing an Offer to Purchase, you represent and warrant that you have read, understood and accepted the Report published on the Platform accompanying Your New Vehicle. Your further acknowledge that your Offer to Purchase is based on the condition of Your New Vehicle as stated in the Report.
1.2 Upon Our receipt of your Offer to Purchase, you will be provided with a written statement complying with Part I & II Second Schedule Hire-Purchase Act 1967, or a sales order, which shall detail, among other things, your financial obligations pursuant to the Offer to Purchase.
1.3 You shall thereafter make payment of the Booking Fee as indicated on the Platform.
1.4 Your Offer to Purchase shall be deemed accepted only upon Our receipt of the Booking Fee for Your New Vehicle and Our issuance of a receipt acknowledging such receipt.
1.5 Your Offer to Purchase is not transferable.
2. Cancellation of Offer to Purchase
2.1 You are entitled to cancel your Offer to Purchase at any time prior to the payment of the Deposit by providing Us with written notice and you shall not have any claims against Us for such cancellation.
2.2 Upon Our receipt of your written cancellation, We will refund the Booking Fee to you. We reserve the right and shall be entitled (but not obligated) to make Your New Vehicle available to another potential buyer as We deem fit.
3. Payment of Deposit
The Deposit for Your New Vehicle shall be paid as follows, subject to the set-off provisions in Item 4.3 Part B1 or Item 4.3 Part B2:
3.1 In the event you are purchasing Your New Vehicle by cash, you shall pay the Deposit of Your New Vehicle within five (5) days from the payment date of the Booking Fee.
3.2 In the event you are purchasing Your New Vehicle by way of financing, you shall pay the Deposit of Your New Vehicle upon execution of the facility or financing agreement which shall be within five (5) days from the payment date of the Booking Fee.
4. Booking Policy
4.1 Upon your payment of the Booking Fee, being not more than one percent (1%) of the purchase price of Your New Vehicle to Us, We shall NOT reserve Your New Vehicle.
4.2 We may (but not obligated to) source for the next option available for you (“Next Option”). You shall not be obligated to accept the Next Option.
5. Delivery and Completion of Purchase
5.1 Upon Our receipt of the Deposit, the balance purchase price and any other fee payable by you to Us, We shall, on the Delivery Date, ensure that:-
5.1.1 We deliver Your New Vehicle to you;
5.1.2 We execute or provide you with the Transaction Documents relating to transfer of ownership of Your New Vehicle in your favour;
5.1.3 the ownership of Your New Vehicle is duly registered in your name; and
5.1.4 We deliver to you or your financier, as the case may be, the car grant or the vehicle ownership certificate of Your New Vehicle. 5.2 At your choice, physical possession of Your New Vehicle shall be delivered to you at:-
5.2.1 one of
5.2.2 your selected location in Malaysia, provided that We shall be entitled to charge a fee in the event your selected location is outside Our Delivery Area. The applicable fee shall be notified to you prior to the delivery and shall be paid to Us before We deliver Your New Vehicle to you.
5.3 You shall sign a Delivery Order upon acceptance of the physical possession of Your New Vehicle, which shall indicate, amongst other things, the mileage of Your New Vehicle. You acknowledge that the risk of damage to and/or loss of Your New Vehicle shall pass or be transferred to you upon the signing off of the Delivery Order.
5.4 You acknowledge and agree that:-
5.4.1 the purchase of Your New Vehicle is on an “as-is” and “willing buyer willing seller” basis;
5.4.2 the Report is solely informational and strictly limited to the scope stated therein, and shall not be relied upon as definite assessment of Your New Vehicle;
5.4.3 any knowledge about the status and condition of Your New Vehicle by Us is as stated in the Report only, and you shall be responsible for satisfying yourself on any other matters not expressly stated therein
Your New Vehicle.
6. Seng Cars After-Sales Service
6.1 Our after-sales service shall exclusively be available at Our Seng Cars Service Centre.
6.1.1 It is compulsory to book an appointment in advance prior to surrendering Your New Vehicle for Our after-sales service at Our Seng Cars Service Centre.
6.1.2 You shall make the necessary payments either in one lump sum cash payment, by online transfer, by bank draft, or by cheque. For the avoidance of doubt, in the event you use cheque or banker’s draft as the payment method, you shall only be able to claim possession of Your New Vehicle upon the cheque’s or banker’s draft’s clearance.
7. GENERAL
7.1 Where any tax is applicable to these Seng Cars Divisions, We shall be entitled to charge or deduct such amount of tax payable to Us from you.
7.2 We shall not be liable to you for any breach, hindrance and/or delay in Our performance of these Seng Cars World T&C attributable to any cause beyond Our control, including without limitation to:-
(a) acts of God or natural catastrophe including but not limited to earthquakes, cyclone, storm, fire, explosion, flood, landslide, subsidence, lightning, exceptionally inclement weather, pandemic and/or epidemic;
(b) war or threat of war (declared or undeclared), invasion, act of a foreign enemy, hostilities between nations, civil insurrection, militarily usurped power, act of public enemy, sabotage, malicious damage, terrorism and/or civil unrest;
(c) failure or shortage of power supplies, telecommunication, utility, strike, lockout, labour controversy and/or other industrial action or disturbance;
(d) trade restriction or disruption, imposition of new governmental regulations, orders and/or laws that substantially hinder or prevent Our performance;
(e) confiscation, nationalisation, requisition, expropriation, prohibition, embargo, restraint and/or damage to property by or under the order of any government authority; and/or
(f) any act, omission, negligence, default, misconduct and/or breach of any third party.