Terms and Conditions

1. General Terms and Conditions

1.1

Background

1.1.1

The General Terms and Conditions for Auction Purchases (“Auction Terms“) is provided by Al Futtaim Private Company (the “Owner”). The object of these Auction Terms is to regulate the sale of vehicles by the Owner’s affiliated businesses and other third parties (the “Seller”) to other businesses (the “Buyer”).

Sales shall be arranged and conducted via the Owner’s Internet platform at www.alfuttaimautoauction.com . These Auction Terms form the legal basis between the Seller and the Buyer (the “Contracting Parties”).

Current and updated versions of the Auction Terms shall also apply to future transactions between the Contracting Parties. Other general business terms shall not apply.

2. Registration and use of the Internet platform

2.1	Registration Procedure
2.1.1	A Buyer must register in order to use the Internet platform provided by the Owner. Registration is free and carried out by the Buyer by opening a user account and agreeing to these Auction Terms. By registering, a Seller and Buyer agree to these Auction Terms. The Buyer shall provide additional security if required by the Owner. The data provided to Owner at registration must be accurate and complete. Upon registration, the Buyer will need to select a user name and password. If there is a change in Buyer’s information after registration, the Buyer will need to update its profile on the Internet platform. The Buyer’s name must not violate third party rights, particularly trade names or copyrights. The password must be kept confidential. The Buyer shall be liable for the misuse of a user name or password. A Buyer’s account is non-transferable.
2.2	Use of the Internet Platform
2.2.1	The Internet platform may contain links to other Internet sites. Owner has no influence on the design and subject matter of these Internet site links. Owner shall not be responsible for the topicality, accuracy, entirety or quality of the information provided on them and expressly dissociates itself from all subject matter on any such Internet sites. When using the Internet platform, the Buyer is not entitled to employ any devices, software or other means likely to affect the functioning of the Internet platform. The Buyer may not employ any measures likely to result in unreasonable or excessive infrastructure loads. The Internet platform may not be copied, passed on, used or reproduced in any way without the Owner’s prior permission. This shall also apply for “robot/crawler” search engine copies, “screen scraping” and other automatic devices.
2.3	Freezing of Accounts
2.3.1	Owner may suspend a Buyer account at any time, especially in the case of breach of the Auction Terms. As soon as a Buyer’s account is frozen, the Buyer may no longer use the Internet platform or re-register without Owner express permission.
2.3.2	Access to the Internet platform is made available as a convenience and on a temporary basis, and Owner reserves the right to terminate any aspect or feature of the Internet platform (including the Internet platform in its entirety) at any time, with or without notice. Without limiting the foregoing, Owner may suspend access to the Internet platform to carry out scheduled or unscheduled maintenance or for any other reason at any time.
2.3.3	Buyer agrees that it will not create a false account and will not use the account for any immoral or illegal activity (including but not limited to money laundering or fraudulent purchases).
2.3.4	By accessing or using the Internet platform, Buyer represents and warrant that: a) it has the authority to validly enter into and/or be bound by these Auction Terms; b) its use of the Internet platform will be solely for lawful purposes that are permitted by these Auction Terms; c) its use of the Internet platform will comply with all UAE local and federal laws, rules, and regulations.
2.4	Termination of user account
2.4.1	The Buyer may terminate his user account at any time and without notice. Written notification is required via e-mail to: Hertz: Hertz.VehicleRemarketingAdmin@alfuttaim.com Automall: info.autoauction@alfuttaim.ae If the Buyer terminates his user account, a refund of the Deposit will be reflected back if any to the Buyer within a timeframe advised by the Buyer’s bank. In case of any outstanding balance, the refund of the Deposit will only be initiated when any outstanding payments are cleared.

3. Conditions for Auction

3.1	Restrictions
3.1.1	Users of the Internet platform may not manipulate the course of an auction by making bids via another user account or through the express intervention of a third party. The Seller shall be prohibited from placing bids on vehicles which he is auctioning. The auctioning of vehicles is prohibited where their tendering, sale, or purchase violates the applicable law. In particular, vehicles may not be described or put up for auction if their advertising, tendering or sale violates copyright and intellectual property rights, industrial property rights or any other rights (e.g. the right to one’s own image, name and personality) of a third party.
3.2	Auction Procedure
3.2.1	The beginning, end and course of an auction shall be controlled by Owner. Owner reserves the right to cancel or alter scheduled auctions. Only in exceptional cases shall Owner be entitled to invalidate auctions without given reason, without a legal claim ensuing on the Buyer’s part. Invalidation may take place before or during an auction.
3.3	Bidding Rules and Binding Period
3.3.1	The Buyer shall make a bid by entering a sum of money within the bidding period. All offers shall be gross amounts. Should two Buyers offer the same price, the first bid to be entered shall be considered the higher amount. The Buyer’s bid shall be binding until invalidated by a higher bid. Should the Buyer not be outbid and the minimum price not met, the offer shall remain valid for a 48-hour period (working days) following the end of the online auction, unless otherwise decided by the Owner. Submitted bids may not be lowered or invalidated unless the Buyer has legal reason to do so. All submitted bids will be registered and stored by Owner. Owner shall resolve any uncertainties that arise regarding bids in a manner binding for the Contracting Parties.
3.4	Sales Agreement
3.4.1	As long as the minimum price is attained and subject to Seller’s sole discretion, at the end of the online auction a sales agreement will be concluded between the Seller and the highest bidder. Sections 4, 5, and 6 of these Auction Terms shall apply between the Contracting Parties. When a vehicle had been purchased, Owner shall send the sales agreement to the Contracting Parties which should be checked for accuracy. At the same time, the sales agreement will also be added to the respective user accounts at www.alfuttaimautoauction.com.

4 Collection and Buyer's Right of Inspection

4.1	Location for collection
4.1.1	Purchased vehicles must be collected by the Buyer at his own expense, from the location stated by the Seller in his notice of sale on the Internet platform. The Seller shall provide the address of the location.
4.2	Time period for collection of vehicles
4.2.1	Subject to payment, all vehicles must be collected by the Buyer at the provided location as follows: Hertz: within seven (7) working days from payment of invoice. Automall: within two (2) working days of receiving the sales agreement. Where payment is not handled by Owner, the Buyer is obliged to pick up vehicles within five (5) working days after receiving the sales agreement. With regards to purchases of vehicles for cross-border or export purposes, the Buyer shall be responsible for all approvals, logistic and broker arrangements. It shall be the sole responsibility of the Buyer to confirm the legal, documentary and technical requirements for the export. All vehicles are auctioned on an as is basis for domestic purposes. The Owner shall have no responsibility and does provide any assurances about the export of the vehicle and its repercussions.
4.3	Buyer’s Right of Inspection
4.3.1	Inspection prior to auction result The sale of vehicles shall be on a “purchase as is” basis ( i.e. without any warranty). The Owner does not in any way, expressly or impliedly, give any warranties to the Buyer. The Owner expressly disclaims any implied warranties of merchantability or of fitness for a particular purpose. The Buyer is therefore obliged to inspect a vehicle thoroughly prior to acceptance, to determine whether it matches the description of the vehicle under auction. If there are any issues with regards to mileage, frame damage , mechanical or quality issues, the Owner does not have any liability. The data provided on the Internet platform is only for information purpose only and shall not affect a Buyer’s decisions. Buyer shall be solely liable and responsible for his commercial/ purchase decisions. Owner makes no guarantee about the vehicle and the buyer shall have no recourse to Owner in case of any implicit or apparent defect before, during or after completion of the auction. The role of the Owner is only a mediator in the auction. Owner has no previous knowledge of the vehicles being sold, and the Buyer has the sufficient time to see and inspect the vehicles and verify the correctness of the relevant information before concluding the auction.
4.3.2	Cancellation of sales agreement will only be allowed if the vehicle fails the mandatory vehicle inspection due to issues with the chassis.

5 Other Rights and Obligations of the Contracting Parties

5.1	Transfer of Risk
5.1.1	When a vehicle is accepted, the risk of accidental deterioration and destruction shall pass to the Buyer or his agent.
5.1.2	Buyer assumes all risk and liability whatsoever resulting from the use of the vehicle(s) sold hereunder and shall defend, indemnify, and hold harmless Owner and Seller from any liability.
5.2	Seller’s Obligations
5.2.1	Particulars of a vehicle and descriptions of its condition shall be drawn up by the Seller, or the experts engaged by him, and be incorporated in the descriptions to the best of their knowledge and belief.

6 Payment and VAT

6.1	VAT
6.1.1	The Contracting Parties agree that that in the event of Value Added Tax (VAT) being levied or introduced by the government authorities in the jurisdiction where the Seller is incorporated and/or tax resident the Seller reserves the right to charge VAT at the prevailing VAT rate in respect of any supply made under the Auction Terms. The Buyer shall pay the amount of any such VAT as an addition to the invoice value. The Seller shall provide to the Buyer the documentation required by the applicable VAT legislation to permit the Buyer to claim an input VAT deduction on its VAT return.
6.2	Payment
6.2.1	Buyer will receive an invoice for all vehicles purchased through the Internet platform. The purchase price must be paid in full to Seller by bank transfer, prior to collection. The transfer must be made within two (2) working days of the sales agreement. Owner may put vehicles up for sale again if payment is not made within this period. For Automall auto auction : A handling fee of AED 199 including VAT will be charged to every unit purchased. The vehicle shall remain the property of the Seller until full payment has been made. In cases where the Buyer fails to make the payment on time, the vehicle shall be sold to any other available user/buyer at the sole discretion of the Owner. The Deposit shall be forfeited towards a penalty fixed as set by the Owner. The Buyer maybe required to pay an additional amount if penalty amount is higher than Deposit. In the above situation: · the user account shall be cancelled immediately without further notification; and · the Deposit if any will not be refunded. The Buyer will be required to re-register for an account and pay another deposit if required.

7 Other Provisions

7.1	Governing Law and Place of Jurisdiction
7.1.1	These Auction Terms are subject and shall be interpreted in accordance with the laws of the Emirate of Dubai and the UAE federal laws, as case may be, in the Emirate of Dubai. Any dispute which may arise from or in connection with these Auction Terms shall be referred to Dubai courts which shall have jurisdiction to hear settle any claim or procedure and finalize any such dispute. Owner is not a party to the contract between the Seller and Buyer and Owner, its employees, managers, shareholders or consultants shall not be sued for any issue relating to the vehicle, its specifications or ownership.
7.2	Indemnity
7.2.1	In case of any claims or cases from third parties in respect of any vehicle offered though the Internet platform and whether Owner has been entered as a party or not, the Buyer undertakes to hold the Owner free from any liability, loss or damage either before or after the auction or if the vehicle offered has become a subject of a suit and/or mortgage.
7.2.2	Buyer agrees not to file any claim against Owner and release it from any claim and/or loss and/or damage resulting from but not limited to: a) Use of the Internet platform. b) Breach of the Auction Terms or any other law or regulation. c) Breach of any third party’s right. d) Provision of wrong or incomplete information to Owner or failure to disclose a hidden defect in the vehicle.
7.3	No Liability
7.3.1	Owner accepts no liability for any failure or delay in executing bids or any errors contained in bids placed via the Internet platform.
7.3.2	Owner and its suppliers provide the Internet platform “as is” and without any warranty or condition, express, implied or statutory. Without limiting the foregoing, Owner accepts no liability for any failures, delays or errors caused by interruptions in the availability of the Internet platform or any errors or defects in their content or functionality, any software and/or hardware defects and/or any internet connection problems, and Owner does not represent or warrant that the Internet platform will be error-free, free of viruses or other harmful components, or that any defects will be corrected.
7.4	Intellectual Property
7.4.1	Owner retains ownership of all intellectual property rights of any kind related to the Internet platform, including applicable copyrights, patents, trademarks and other proprietary rights. Other trademarks, service marks, graphics and logos used in connection with the Internet platform may be the trademarks of other third parties. The Auction Terms does not transfer from Owner to Buyer any Owner or third-party intellectual property, and all right, title, and interest in and to such property will remain (as between the Contracting parties) solely with Owner. Owner reserves all rights that are not expressly granted to Buyer under the Auction Terms.
7.4.2	Specifically, www.alfuttaimautoauction.com, and all other trademarks that appear, are displayed, or are used on the Internet platform from time to time are registered trademarks of Owner; and may not be copied, downloaded, reproduced, used, modified, or distributed in any way without prior written permission from Owner.
7.4.3	If Buyer believes that any material located on or linked to by Owner violates its copyright, please notify via email: Hertz.VehicleRemarketingAdmin@alfuttaim.com. Owner will terminate a user’s access to and use of the Internet platform if, under appropriate circumstances, the user is determined to be a repeat infringer of the copyrights or other intellectual property rights of Owner or others without necessary rights and permissions.
7.5	Force Majeure
7.5.1	The Contracting Parties shall not be liable to the other if they are delayed in or prevented from performing their obligations due to any event or sequence of events beyond such Contracting Party’s reasonable control (“Force Majeure”), provided that it: (i) promptly notifies the other of the Force Majeure event and its expected duration; and (ii) uses all reasonable endeavours to minimise the effects of that event.
7.5.2	If, due to Force Majeure, a party: (i) is or shall be unable to perform a material obligation; or (ii) is delayed in or prevented from performing its obligations for a continuous period exceeding ten (10) days, the other Contracting Party may, within two (2) days, terminate the Auction Terms upon immediate notice.

8 Privacy Policy

8.1	Introduction
8.1.1	All information is subject to the privacy policy at https://www.al-futtaimauto.com/privacy-policy/.

The Internet platform may contain links to other Internet sites. Owner has no influence on the design and subject matter of these Internet site links. Owner shall not be responsible for the topicality, accuracy, entirety or quality of the information provided on them and expressly dissociates itself from all subject matter on any such Internet sites.

When using the Internet platform, the Buyer is not entitled to employ any devices, soft¬ware or other means likely to affect the functioning of the Internet platform. The Buyer may not employ any measures likely to