Certified Pre-owned by BMW Premium Selection.
Terms Of Use | Pre-Owned Cars | Select by PPSL


Terms Of Use

1. RECITALS

Definition of Terms Used in this Agreement :

"The Company" is a M/s Select By Performance Premium Selection Limited

"The Web-Site" is a collection of pages and interactive programs and data accessible only through the internet and referenced by the Domain Names: www.ppsl-select.sg

"Member" is a registered participant in the Auction Process conducted via this Web Site, who accepts, and agrees to be bound by these terms and conditions.

"Vendor" is a Member who offers a vehicle for sale by Auction through The Company.

"Buyer" is a Member who has offered the bid that is accepted by The Vendor for a vehicle advertised for auction on the web site.

"Vehicle" is the motor vehicle which is registered in Singapore and put up by the registered owner for auction on the Company’s website.

2. GENERAL

a)

This Agreement sets out the Terms & Conditions governing the use of this www.ppsl-select.sg site.

b)

This www.ppsl-select.sg site is the property of the Company.

c)

All visitors and advertisers must agree to abide by the Terms & Conditions when accessing or using any services provided on this website.

d)

By clicking on the “proceed” button, you shall agree to abide before this Terms & Conditions and all polices, guidelines incorporated by reference.

e)

Please review the Terms & Conditions carefully before using the site. Before registering for and using the services, you agree to abide by all the Terms and Conditions of this agreement and all polices, guidelines incorporated by reference.

f)

The Company reserves the right to change any of the Terms and Conditions contained in this Agreement or any polices or guidelines governing the site or services at any time and in its sole discretion. Any changes will be effective upon posting of the revisions on the site. You are responsible for reviewing the notice and any applicable changes. Changes to reference polices and guidelines maybe posted without prejudice to you. You can review the most current version of this Agreement at any time at 105 Cecil Street #13-00, The Octagon, Singapore 069534 .

g)

You continued usage of this site and the services following the Company posting of any changes will constitute your acceptance of such changes or modifications. If you do not agree to any changes to this Agreement, do not continue to use the services or this site.

3. REPRESENTIVE/WARRANTIES

a)

This website offer sale of goods by way of open auction/bidding. The products on sale are offered by the company on behalf of various vendors/suppliers. The Company shall not be liable or in any way responsible for the goods supplied and provided by the vendor/supplier including all representation and/or warranties relating thereto.

b)

The Company have made every effort to make sure that the pictures shown are accurate representation of the actual items. However, we cannot guarantee the colour, size and design will be exactly the same as you see on your computer screen. They might be slightly variations due to the fact that the colour depends on your computer screen. Therefore due to the limitation beyond our control, we are not responsible for any differences or non-capacity of the goods delivered to you as compared to the images of the goods as shown in our website.

4. ELIGIBILITY TO THE SERVICES

The website is for use only by individuals who are 18 years or older and have legal capacity to enter into bidding contracts under Singapore Law. If you do not qualify, please do not access the site or use our services. The Company reserves the right to terminate your use of the service and/or remove any vehicle/goods placed on this website without prior notice, refund or liability.The website is for use only by individuals who are 18 years or older and have legal capacity to enter into bidding contracts under Singapore Law. If you do not qualify, please do not access the site or use our services. The Company reserves the right to terminate your use of the service and/or remove any vehicle/goods placed on this website without prior notice, refund or liability.

5. REGISTRATION TERMS

a)

Both the Buyer and the Vendor must register with the Company before they are able to use the web-site.

b)

The Company will carry out credit worthiness checks on prospective Members and will notify applicants by post, or mail, or phone.

c)

Successful applicants (new Members) will be given a Login User name and a password to use with the system.

d)

The Members undertakes to conduct business on the web-site within these Terms and within the rules and regulations for use which are contained on the web-site and which may change from time to time.

e)

The Company reserves the right to suspend operation of a Members Login User Name without prior notice, and without giving any reason for so doing, if the member is considered to be in breach of these terms, or if the activities of the Member are held to be a risk to the security or the economic viability of the web-site and the Company.

f)

If at any time the Member believes that their User Name or Password has become know to a third party, the member must inform the Company immediately.

6. REGISTRATION DETAILS

a)

The Members who are corporate entity must provide the name and address of the corporate entity which they represent, together with position held, registered company number, registered address, gst number and the same details for any company of which the Member company is a trading subsidiary.

b)

The Member must supply details of the correct address for the Company to send their invoices to, if different from the above.

c)

At all times the Member undertakes to maintain sufficient funds to cover all trading expenses and ancillary costs associated with taking part in auctions conducted on this web-site.

d)

The Member must be a duly appointed Officer of the company he represents, empowered to buy and / or sell product on behalf of that company.

e)

The member must have the authority to form legally binding contracts under applicable law. If you do not qualify, for example, because you are a minor, you may not register to use this site.

7. THE VENDOR AGREES

a)

To provide details of the vehicle for sale as required by the Data Entry mechanism of the web-site.

b)

To indemnify the Company against any action, for any reason whatsoever, which the Buyer or any other third party may initiate regarding the vehicle, which is the subject of the Transaction.

c)

That the Vendor is the owner of the vehicle, or has the authority to sell the vehicle on behalf of a third party through the Company’s web-site.

8. THE AUCTION PROCESS

a)

The vehicle presented by the Vendor will be held on the web-site and offered for sale for a minimum period of three days. If unsold at the end of seven days the vehicle will be automatically transferred to a separate holding area for “expired cars”.

b)

An "expired" vehicle will be deleted from the site unless re-advertised by the Vendor.

c)

For a minimum period of three days and a maximum period of fourteen days, as indicated, the vehicle will be available to view on the web-site and the Members may register their bids.

d)

As each Bid is registered, an e-mail is sent automatically from the web-site to the Vendor.

e)

When the Vendor accepts a Bid, which may not be the highest Bid at the vendor’s absolute discretion, he acknowledges this by pressing the “Accept” button on the web-site against the accepted Bid. The Buyer then receives an e-mail and now has the option to buy.

f)

If the Buyer then opts to buy the vehicle he indicates this by pressing the “Purchase” button on the web-site, at which point a legally binding contract exists between the Vendor and the Company and the Buyer and the Company.

g)

The Company will notify the Buyer of the Vendor’s details and will then raise an invoice for both the Buyer and the Vendor for the Company’s Auction Fees.

h)

The Company reserves the right not to accept a bid from a Member, at any time and may not be required to furnish a reason for taking this action. The Company reserves the right to exclude a Member from taking part in the Auction by suspending their User Name and Password Rights.

i)

Vendors may indicate a Guide Price, but may not bid for vehicles that they have offered for sale, either themselves or through the agency of another Member.

9. THE BUYER AGREES

a)

That ownership of the vehicle purchases via the web-site does not pass to the Buyer from the Vendor until the purchase price has been paid to the Vendor, and the Auction Fees have been paid to the Company.

b)

That the Vendor is solely responsible for ensuring that, before the vehicle is used, all legal requirement relating to the construction and use of the vehicle have been satisfied, including : all log cards, LTA transfer, all licences, certificates, tests, permits and authorizations together with any required insurance.

c)

That the Company may tender its invoice to the Buyer on acceptance of the Bid and that this invoice will be equal to the Bid value multiplied by the Fee percentage, plus GST, at which point the Company plays no further part in Transaction or in any events relating to the contract of sale between the Vendor and the Buyer.

10. IN THE EVENT OF A DISPUTE BETWEEN VENDOR AND BUYER

a)

If the vehicle is considered unsatisfactory for any of the reasons given above, the Buyer must inform the Vendor and the Company, in writing, within 48 hours of receiving the vehicle.

b)

The Company will take no part in the dispute between the Buyer and the Vendor other than to provide auction details to both parties.

c)

If the dispute is unresolved and the vehicle is returned to the Vendor, and the Buyer does not proceed with the sale, the vendor remains liable for the Company’s Auction Fees, but those for the Buyer are waived.

d)

If the agreed Bid is not paid in full by the Buyer, and there is no dispute with regard to merchantable quality as indicated above, then both parties remain liable for the Company’s Auction Fees.

e)

If either the Buyer or the Vendor fail to pay the Company the Auction Fees, then the Company will proceed against either or both Members for breach of Contract.

f)

In the event that the Company takes recovery action through the Courts for unpaid Auctions Fees, and is successful, the Member herein agrees to pay the Company’s legal costs, court fees and any applicable interest.

11. GENERAL TERMS AND CONDITIONS APPLICABLE

a)

Nothing in these Conditions shall affect the Statutory Rights of a consumer.

b)

If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Conditions and the remainder of the provision in question shall not be affected.

c)

No waiver by the Company of any breach of these Conditions shall be considered as a waiver of any subsequent breach of the same or any other provision.

d)

These Terms shall be governed by the laws of Singapore and the Buyer and Vendor agree to submit to the non-exclusive jurisdiction of the Singapore courts.

e)

Where the context so admits any reference in the Conditions to the masculine gender shall include the feminine, plural and neutral.

f)

The headings in these Conditions are for convenience only and shall not affect their interpretation.

g)

These Conditions are intended to give clear information on your rights, as well as Company’s terms and conditions of business.

h)

The Company may amend these Terms at any time by amending our Web Site. All amended terms shall automatically be effective 30 days after they are initially posted on our Web Site.

i)

The Company is not a party to the contract of sale between the Vendor and the Buyer and makes no warranties or representations other than the above.

j)

The Company cannot ensure that the purchaser or seller will complete a Transaction.

k)

All conditions and warranties express or implied by statute common law or otherwise imposing any liability whatsoever on the Company as regards any vehicle the sale of which is effected by the Company via its web-site to a purchaser who purchases in the course of his business are hereby excluded including but without limitation lost profits, lost sales, lost opportunity, lost information, lost anticipated savings, lost or wasted time, or special, indirect or consequential damages arising out of or in connection with these Terms.

l)

The Auction Fees, and the Price of the vehicle purchased via the Website shall be the Bid accepted at the time of purchase, by the Vendor, together with GST if applicable and any other relevant tax thereon at prevailing rates from time to time.

Terms Of Use

1. RECITALS

Definition of Terms Used in this Agreement :

"The Company" is a M/s Select By Performance Premium Selection Limited

"The Web-Site" is a collection of pages and interactive programs and data accessible only through the internet and referenced by the Domain Names: www.ppsl-select.sg

"Member" is a registered participant in the Auction Process conducted via this Web Site, who accepts, and agrees to be bound by these terms and conditions.

"Vendor" is a Member who offers a vehicle for sale by Auction through The Company.

"Buyer" is a Member who has offered the bid that is accepted by The Vendor for a vehicle advertised for auction on the web site.

"Vehicle" is the motor vehicle which is registered in Singapore and put up by the registered owner for auction on the Company’s website.

2. GENERAL

a)

This Agreement sets out the Terms & Conditions governing the use of this www.ppsl-select.sg site.

b)

This www.ppsl-select.sg site is the property of the Company.

c)

All visitors and advertisers must agree to abide by the Terms & Conditions when accessing or using any services provided on this website.

d)

By clicking on the “proceed” button, you shall agree to abide before this Terms & Conditions and all polices, guidelines incorporated by reference.

e)

Please review the Terms & Conditions carefully before using the site. Before registering for and using the services, you agree to abide by all the Terms and Conditions of this agreement and all polices, guidelines incorporated by reference.

f)

The Company reserves the right to change any of the Terms and Conditions contained in this Agreement or any polices or guidelines governing the site or services at any time and in its sole discretion. Any changes will be effective upon posting of the revisions on the site. You are responsible for reviewing the notice and any applicable changes. Changes to reference polices and guidelines maybe posted without prejudice to you. You can review the most current version of this Agreement at any time at 105 Cecil Street #13-00, The Octagon, Singapore 069534 .

g)

You continued usage of this site and the services following the Company posting of any changes will constitute your acceptance of such changes or modifications. If you do not agree to any changes to this Agreement, do not continue to use the services or this site.

3. REPRESENTIVE/WARRANTIES

a)

This website offer sale of goods by way of open auction/bidding. The products on sale are offered by the company on behalf of various vendors/suppliers. The Company shall not be liable or in any way responsible for the goods supplied and provided by the vendor/supplier including all representation and/or warranties relating thereto.

b)

The Company have made every effort to make sure that the pictures shown are accurate representation of the actual items. However, we cannot guarantee the colour, size and design will be exactly the same as you see on your computer screen. They might be slightly variations due to the fact that the colour depends on your computer screen. Therefore due to the limitation beyond our control, we are not responsible for any differences or non-capacity of the goods delivered to you as compared to the images of the goods as shown in our website.

4. ELIGIBILITY TO THE SERVICES

The website is for use only by individuals who are 18 years or older and have legal capacity to enter into bidding contracts under Singapore Law. If you do not qualify, please do not access the site or use our services. The Company reserves the right to terminate your use of the service and/or remove any vehicle/goods placed on this website without prior notice, refund or liability.The website is for use only by individuals who are 18 years or older and have legal capacity to enter into bidding contracts under Singapore Law. If you do not qualify, please do not access the site or use our services. The Company reserves the right to terminate your use of the service and/or remove any vehicle/goods placed on this website without prior notice, refund or liability.

5. REGISTRATION TERMS

a)

Both the Buyer and the Vendor must register with the Company before they are able to use the web-site.

b)

The Company will carry out credit worthiness checks on prospective Members and will notify applicants by post, or mail, or phone.

c)

Successful applicants (new Members) will be given a Login User name and a password to use with the system.

d)

The Members undertakes to conduct business on the web-site within these Terms and within the rules and regulations for use which are contained on the web-site and which may change from time to time.

e)

The Company reserves the right to suspend operation of a Members Login User Name without prior notice, and without giving any reason for so doing, if the member is considered to be in breach of these terms, or if the activities of the Member are held to be a risk to the security or the economic viability of the web-site and the Company.

f)

If at any time the Member believes that their User Name or Password has become know to a third party, the member must inform the Company immediately.

6. REGISTRATION DETAILS

a)

The Members who are corporate entity must provide the name and address of the corporate entity which they represent, together with position held, registered company number, registered address, gst number and the same details for any company of which the Member company is a trading subsidiary.

b)

The Member must supply details of the correct address for the Company to send their invoices to, if different from the above.

c)

At all times the Member undertakes to maintain sufficient funds to cover all trading expenses and ancillary costs associated with taking part in auctions conducted on this web-site.

d)

The Member must be a duly appointed Officer of the company he represents, empowered to buy and / or sell product on behalf of that company.

e)

The member must have the authority to form legally binding contracts under applicable law. If you do not qualify, for example, because you are a minor, you may not register to use this site.

7. THE VENDOR AGREES

a)

To provide details of the vehicle for sale as required by the Data Entry mechanism of the web-site.

b)

To indemnify the Company against any action, for any reason whatsoever, which the Buyer or any other third party may initiate regarding the vehicle, which is the subject of the Transaction.

c)

That the Vendor is the owner of the vehicle, or has the authority to sell the vehicle on behalf of a third party through the Company’s web-site.

8. THE AUCTION PROCESS

a)

The vehicle presented by the Vendor will be held on the web-site and offered for sale for a minimum period of three days. If unsold at the end of seven days the vehicle will be automatically transferred to a separate holding area for “expired cars”.

b)

An "expired" vehicle will be deleted from the site unless re-advertised by the Vendor.

c)

For a minimum period of three days and a maximum period of fourteen days, as indicated, the vehicle will be available to view on the web-site and the Members may register their bids.

d)

As each Bid is registered, an e-mail is sent automatically from the web-site to the Vendor.

e)

When the Vendor accepts a Bid, which may not be the highest Bid at the vendor’s absolute discretion, he acknowledges this by pressing the “Accept” button on the web-site against the accepted Bid. The Buyer then receives an e-mail and now has the option to buy.

f)

If the Buyer then opts to buy the vehicle he indicates this by pressing the “Purchase” button on the web-site, at which point a legally binding contract exists between the Vendor and the Company and the Buyer and the Company.

g)

The Company will notify the Buyer of the Vendor’s details and will then raise an invoice for both the Buyer and the Vendor for the Company’s Auction Fees.

h)

The Company reserves the right not to accept a bid from a Member, at any time and may not be required to furnish a reason for taking this action. The Company reserves the right to exclude a Member from taking part in the Auction by suspending their User Name and Password Rights.

i)

Vendors may indicate a Guide Price, but may not bid for vehicles that they have offered for sale, either themselves or through the agency of another Member.

9. THE BUYER AGREES

a)

That ownership of the vehicle purchases via the web-site does not pass to the Buyer from the Vendor until the purchase price has been paid to the Vendor, and the Auction Fees have been paid to the Company.

b)

That the Vendor is solely responsible for ensuring that, before the vehicle is used, all legal requirement relating to the construction and use of the vehicle have been satisfied, including : all log cards, LTA transfer, all licences, certificates, tests, permits and authorizations together with any required insurance.

c)

That the Company may tender its invoice to the Buyer on acceptance of the Bid and that this invoice will be equal to the Bid value multiplied by the Fee percentage, plus GST, at which point the Company plays no further part in Transaction or in any events relating to the contract of sale between the Vendor and the Buyer.

10. IN THE EVENT OF A DISPUTE BETWEEN VENDOR AND BUYER

a)

If the vehicle is considered unsatisfactory for any of the reasons given above, the Buyer must inform the Vendor and the Company, in writing, within 48 hours of receiving the vehicle.

b)

The Company will take no part in the dispute between the Buyer and the Vendor other than to provide auction details to both parties.

c)

If the dispute is unresolved and the vehicle is returned to the Vendor, and the Buyer does not proceed with the sale, the vendor remains liable for the Company’s Auction Fees, but those for the Buyer are waived.

d)

If the agreed Bid is not paid in full by the Buyer, and there is no dispute with regard to merchantable quality as indicated above, then both parties remain liable for the Company’s Auction Fees.

e)

If either the Buyer or the Vendor fail to pay the Company the Auction Fees, then the Company will proceed against either or both Members for breach of Contract.

f)

In the event that the Company takes recovery action through the Courts for unpaid Auctions Fees, and is successful, the Member herein agrees to pay the Company’s legal costs, court fees and any applicable interest.

11. GENERAL TERMS AND CONDITIONS APPLICABLE

a)

Nothing in these Conditions shall affect the Statutory Rights of a consumer.

b)

If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Conditions and the remainder of the provision in question shall not be affected.

c)

No waiver by the Company of any breach of these Conditions shall be considered as a waiver of any subsequent breach of the same or any other provision.

d)

These Terms shall be governed by the laws of Singapore and the Buyer and Vendor agree to submit to the non-exclusive jurisdiction of the Singapore courts.

e)

Where the context so admits any reference in the Conditions to the masculine gender shall include the feminine, plural and neutral.

f)

The headings in these Conditions are for convenience only and shall not affect their interpretation.

g)

These Conditions are intended to give clear information on your rights, as well as Company’s terms and conditions of business.

h)

The Company may amend these Terms at any time by amending our Web Site. All amended terms shall automatically be effective 30 days after they are initially posted on our Web Site.

i)

The Company is not a party to the contract of sale between the Vendor and the Buyer and makes no warranties or representations other than the above.

j)

The Company cannot ensure that the purchaser or seller will complete a Transaction.

k)

All conditions and warranties express or implied by statute common law or otherwise imposing any liability whatsoever on the Company as regards any vehicle the sale of which is effected by the Company via its web-site to a purchaser who purchases in the course of his business are hereby excluded including but without limitation lost profits, lost sales, lost opportunity, lost information, lost anticipated savings, lost or wasted time, or special, indirect or consequential damages arising out of or in connection with these Terms.

l)

The Auction Fees, and the Price of the vehicle purchased via the Website shall be the Bid accepted at the time of purchase, by the Vendor, together with GST if applicable and any other relevant tax thereon at prevailing rates from time to time.