Terms & Conditions

IMPORTANT
TERMS AND CONDITIONS FOR dfm_ebidding

These terms and conditions (“dfm_ebidding Terms”) apply to all dfm_ebidding for Auctions conducted  through the dfm_ebidding Facility available at https://ebidding.daimler-fleetmanagement.com.sg (the “dfm_ebidding Portal”). By registering to participate in Auction(s) via dfm_ebidding on the dfm_ebidding Portal, you acknowledge that you have read and understood and agree to be bound by these dfm_ebidding Terms.

These dfm_ebidding Terms apply in addition to the General Conditions of Sale  and the Privacy Policy (which are hereby incorporated by reference) and do not derogate from any other terms or conditions that expressly apply to an Auction. In the event of any conflict between these dfm_ebidding Terms and the General Conditions of Sale, these dfm_ebidding Terms shall govern. 

We reserve the right to make changes to these dfm_ebidding Terms from time to time. Any changes shall automatically become effective once they are posted on the dfm_ebidding Portal and we will endeavour to notify you of the same by means of a notice and link to the revised dfm_ebidding Terms on the dfm_ebidding Portal. Please review these dfm_ebidding Terms regularly to ensure you are aware of any changes made by us. If you continue to use or access the dfm_ebidding Portal after changes have been made and posted, you shall be deemed to have agreed to such changes. If you do not agree to such changes, you should immediately cease to access and/or use the dfm_ebidding Portal.

In these dfm_ebidding Terms, “we”, “us” and “our” refer to Daimler Fleet Management Pte. Ltd. (“DFM”) and/or its affiliate, Mercedes-Benz Financial Services Singapore Ltd. (“MBFS”) (as the case may be), while “you”, “your” or “Bidder” refers to you.

 

  1. Definitions 
    1. In these dfm_ebidding Terms, unless the context otherwise requires, the following words and expressions shall have the following meanings:

      Auction(s)” means such online vehicle auction(s) conducted via the dfm_ebidding Facility on the dfm_ebidding Portal;

      Auction Listing(s)” means such listing(s) of Vehicle(s) on the dfm_ebidding Portal;

      Auction Period” means, in relation to an Auction Listing, such period commencing on the Bid Start Date and ending on the Bid End Date;

      Bid Price” means such price submitted by a successful Bidder in respect of an Auction Listing;

      Bid Start Date” means the scheduled start date for an Auction commencing at 00:01hrs;

      Bid End Date” means the scheduled closing date for an Auction ending at 00:00hrs;

      Discounted Sale Price Scheme” means such tax concession scheme applicable to the sale of a second-hand motor vehicle, whereby GST is liable to be charged by the Seller on 50% of the selling price of a second-hand/used vehicle;

      dfm_ebidding Facility” means such online electronic bidding facility on the dfm_ebidding Portal; 

      General Conditions of Sale” means:

      1.  in the case of an Auction Listing by DFM, such general conditions of sale applicable to the sale of a Vehicle via the dfm_ebidding Portal, which can be found at DFM; and
      2. In the case of an Auction Listing by MBFS, such general conditions of sale applicable to the sale of a Vehicle via the dfm_ebidding Portal, which can be found at MBFS.

      GST” means goods and services tax levied under the Goods and Service Act (Cap. 117A) of Singapore; 

      Letter of Purchase and Undertaking” means such letter of purchase and undertaking which is required to be signed by the successful Bidder on collection of the auctioned Vehicle;

      PDPA” means the Personal Data Protection Act (No. 26 of 2012) of Singapore and all subsidiary legislation thereunder;

      "Privacy Policy" means the statement that sets out our policy on collection, use and disclosure of personal data and which can be accessed at https://ebidding.daimler-fleetmanagement.com.sg/page/privacy-statement ; 
      Vehicle(s)” means such vehicle(s) offered for sale by DFM or MBFS in an Auction Listing; 
      Bid” means each bid or offer submitted by a Bidder in any Auction; 
      Purchase Documents” means all of the following:

      1. M01 - Application Form for Transfer of Vehicle;
      2. M05 – Application to Lay up a Vehicle/Change of Garage Address for Laid-Up Vehicle;
      3. Vehicle Parking Certificate (if applicable);
      4. Proof of insurance for the auctioned Vehicle;
      5. Business profile and copy of NRIC of Directors (where successful Bidder is a company); and
      6. Copy of NRIC (where successful Bidder is an individual).
  2. Registration and use
    1. To participate in an Auction, you shall be required to create a user account and register yourself. You must provide current, accurate identification, contact, and other information that may be required as part of the registration process and/or continued use of the dfm_ebidding Portal. However, we reserve the right to decline a registration in our sole discretion.
    2. You agree to keep your account details strictly confidential and shall not permit any third party to use or access your account whether on your behalf or otherwise. You will be liable for any and all Bids made via your account and for all activities that occur thereunder. We will not be liable for any loss or damage arising from your failure to maintain the security of your account and password. You represent that you are of legal age to use the dfm_ebidding Portal in accordance with these dfm_ebidding Terms and to create binding legal obligations for any liability you may incur as a result of the use of this dfm_ebidding Portal. You are financially responsible for all uses of this dfm_ebidding Portal by yourself and those using your account.
    3. We may modify, waive, or impose additional registration requirements and/or terms and conditions for certain Auctions or Bidders in our sole and absolute discretion. We reserve the right to deny, limit, or impose conditions on submitting Bids and/or access to the dfm_ebidding Portal or any Auction at any time, for any reason.
    4. Any Bidder who is not a customer in good standing may be disqualified in our sole discretion and will not be entitled to participate in any Auction. Such determination may be made by us in our sole and unlimited discretion, at any time prior to, during, or even after the Bid End Date. We reserve the right to exclude any person from an Auction.
  3. Bidding Process
    1. Information applicable to an Auction, such as the Bid Start Date and Bid End Date, as well as information such as the registration number, mileage, year, and model of the Vehicle(s) to be auctioned will be posted on the dfm_ebidding Portal from time to time. Additional information on an Auction, such as the availability of the Vehicle for viewing may be indicated on the dfm_ebidding Portal under “Remarks”.
    2. You acknowledge that certain Vehicles to be auctioned on the dfm_ebidding Portal may be subject to GST under the Discounted Sale Price Scheme and this will be indicated in the Auction Listing. It is the Customer’s responsibility to review such information, which are subject to change without prior notice. Please be aware that announcements affecting an Auction may also be made before and during an Auction without prior notice.
    3. It is each Bidder’s responsibility to conduct its own due diligence and investigate all matters relating to the Vehicle(s) that Bidder is interested in purchasing, including, without limitation, legal matters, physical condition and attributes, environmental matters, economic matters, encumbrances, and all other aspects. All Bids should be based solely on Bidder’s independent due diligence. Bidders must submit Bids accordingly at their own risk.
    4. During the Auction Period, the current bid for each Auction Listing will be displayed on your computer screen. You will be required to tick the “I agree to the dfm_ebidding Terms and Conditions” checkbox to record your acceptance of these dfm_ebidding Terms before placing a Bid for any Auction Listing.  
    5. You can place a Bid for your selected Vehicle at any time during the Auction Period by clicking the “Submit” button. You may modify, update or edit your Bid at any time during the Auction Period. However, you acknowledge that each Bid shall become final and binding on the Bid End Date. and agree that each Bid submitted as of the Bid End Date is irrevocable and cannot be amended or corrected, even if submitted in error and notified to us. You agree to accept full liability for all Bids submitted via your account (including the liability to pay in full and on time in accordance with these dfm_ebidding Terms for any Vehicle(s) that is the subject of a successful bid submitted from your account).
    6. Please note that we are not bound to accept the highest offer and we have the absolute right to postpone or cancel an Auction, rearrange the order or sequence of Vehicles in the dfm_ebidding Portal, update or amend any information in respect of any Vehicle, remove any Vehicle from the Auction without prior notice, accept or reject any or all Bid(s) or adjourn/ postpone/ cancel /extend an Auction without assigning any reason. We further reserve the right to re-list a Vehicle for auction after its Bid End Date, reject a registration to bid online or terminate your account for any reason at any time prior to, during or after the Auction Period. Our decision in respect of all matters shall be final and binding on all Bidders.
    7. A tool is provided on the dfm_ebidding screen to enable estimates for the final purchase price in Singapore dollars to be displayed . Please note that the Auction is conducted, and all bids are made, in the lawful currency of Singapore. All bidding increments will be in that currency only. Payment for any Vehicle of a successful bid, must also be made in the lawful currency of the Singapore and not in any other currency.
  4. Post Bidding Process
    1. A successful Bidder will be informed through e-mail or telephone by us within seven working days after the applicable Bid End Date and will be informed of and/or provided with the timeline, procedures and documents required for the purchase of the auctioned Vehicle(s). We reserve the right to request for all such documents or information as may be reasonably required for the purposes of complying with applicable anti-money laundering and anti-financing terrorism requirements and any other laws and regulations which may be applicable to us.
    2. You shall provide us with the Bid Price (and GST, if applicable) by way of a cashier’s order and the Purchase Documents within three (3) Business Days after we notify you of your successful Bid. We shall issue you with a release letter upon our receipt of the Bid Price (and GST, if applicable) and the Purchase Documents.
    3. It shall be your responsibility to arrange collection of the Vehicle(s) at an address designated by us in the release letter. You may collect the Vehicle by presenting your identification documents, the release letter and the Letter of Purchase and Undertaking duly signed by you. You may authorize a third party to collect the Vehicle on your behalf by providing an authorization letter, together with the original release letter and original Letter of Purchase and Undertaking duly signed by you. Such authorization letter shall be accompanied by the company stamp if the successful Bidder is a company. However, failure to collect the Vehicle(s) within three (3) days of the date of the release letter (“Collection Period”) shall subject the Vehicle(s) to storage and/or moving charges, including an administration fee of SGD$500, which shall be fully borne by you. You shall be required to pay all such accrued storage and/or moving charges directly to the storage vendor before collection of the Vehicle.
    4. The successful Bidder is responsible for obtaining all certificates, licenses or permits for the Vehicle and shall bear all applicable transfer charges, fee etc. and also all applicable statutory/ non-statutory dues, taxes, rates, assessment charges, fees etc. payable in connection with the Vehicle. Any delay, failure or incapacity to obtain any such license or permit shall not relieve the successful Bidder of its/his obligations to make payment. You may not cancel or withdraw your Bid and no refund will be made under any circumstances.
    5. We shall have no obligation to sell a Vehicle(s) until the Bid Price and Purchase Documents have been received by us. If the Bid Price (and GST, if applicable) and Purchase Documents are not received by us within three (3) Business Days after we notify you of your successful Bid, then we shall be entitled to deal with the Vehicle in our sole discretion, including re-listing the Vehicle for auction or to sell or transfer the Vehicle to third parties without further notice to you, and you shall have no claim whatsoever against us for any compensation, loss or damage. We further reserve the right to terminate your account without notice and to ban you from using the dfm_ebidding Facility.
  5. Contractual relationship
    1. You acknowledge that if you successfully bid for any Vehicle(s) listed for sale by DFM, you will enter into a direct and legally binding contractual relationship with DFM.
    2. You acknowledge that if you successfully bid for any Vehicle(s) listed for sale by MBFS, you will enter into a direct and legally binding contractual relationship with MBFS. DFM acts solely as an intermediary between you and MBFS for this purpose.
  6. Terms and conditions of Sale
    1. The General Terms of Sale apply to the sale of the Vehicle(s) via the dfm_ebidding Portal.
    2. The Vehicle(s) are sold on an ‘as is” basis and no warranty (other than title), whether express or implied (including any implied warranties of merchantability and fitness for a particular purpose) is made with respect to any description contained in the Auction Listing or this dfm_ebidding Portal. You further acknowledge that the Vehicle is sold without any additional warranty or servicing provided by us.
    3. Any description of a Vehicle contained in an Auction Listing is for the sole purpose of identifying the Vehicle for those Bidders who do not have the opportunity to view the Vehicles prior to bidding, and no description of the Vehicle creates any warranty that the Vehicle(s) will conform to any description contained in an Auction Listing. Color variations can be expected in any electronic or printed imaging, and are not grounds for the return of any Vehicle.  
  7. Disclaimers
    1. While every effort has been made to make the dfm_ebidding Portal as complete and as accurate as possible, we do not warrant or represent the accuracy, correctness or completeness of any of the data or information contained in the dfm_ebidding Portal or in any Auction Listing. Accordingly, we are not responsible for any errors (including manifest and typographical errors), inaccurate, misleading or untrue information or non-delivery of information. You should make your own evaluation of the accuracy or completeness of any information or other content available through the dfm_ebidding Portal or in any Auction Listing. Any reliance on any such content, advice, statement, or other information shall be at your sole risk.
    2. Access to the dfm_ebidding Portal and the dfm_ebidding Facility is made available as a convenience to you, and we reserve the right in our sole discretion to correct any errors or omissions in the dfm_ebidding Portal and/or dfm_ebidding Facility and to suspend, terminate, make any changes to, or discontinue any of the features, functionality or content of the dfm_ebidding Facility at any time, with or without notice to you, and without any liability whatsoever to you or any third party. Without limiting the foregoing, we may suspend access to the dfm_ebidding Portal to carry out scheduled or unscheduled maintenance or for any other reason at any time. We do not warrant or represent that your access to and/or use of the dfm_ebidding Portal or the dfm_ebidding Facility will be uninterrupted (whether due to any temporary and/or partial breakdown, repair, upgrade or maintenance of our dfm_ebidding Portal or otherwise) or error-free or that any information, data, content, software or other material accessible through the dfm_ebidding Portal or dfm_ebidding Facility will be free of bugs, viruses, worms, Trojan horses or other harmful components. We are not liable for any interruptions (whether due to any (temporary and/or partial) breakdown, repair, upgrade or maintenance of the dfm_ebidding Portal and/or dfm_ebidding Facility or otherwise).
    3. THE dfm_ebidding PORTAL, THE dfm_ebidding FACILITY and all materials, information, products, services, software and other content contained in this dfm_ebidding Portal, or obtained from a linked site ARE PROVIDED ON AN "AS IS" BASIS AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY (including but not limited to, the implied warranties or conditions of merchantability and fitness for a particular purpose, non-infringement, security or accuracy). WITHOUT LIMITING THE FOREGOING, WE ACCEPT NO LIABILITY FOR ANY FAILURES, DELAYS OR ERRORS CAUSED BY INTERRUPTIONS IN THE AVAILABILITY OF THE dfm_ebidding PORTAL OR dfm_ebidding FACILITY OR ANY ERRORS OR DEFECTS IN THEIR CONTENT OR FUNCTIONALITY, ANY SOFTWARE AND/OR HARDWARE DEFECTS (WHETHER YOURS OR OURS) AND/OR ANY INTERNET CONNECTION PROBLEMS (WHETHER YOURS OR OURS).  
    4. We specifically disclaim compatibility between the dfm_ebidding Portal, the dfm_ebidding Facility and any software or hardware. We are not liable for any failure or delay in executing Bids or any errors contained in Bids placed via the dfm_ebidding Facility. You acknowledge that your use of our dfm_ebidding Portal and the dfm_ebidding Facility is at your sole risk and discretion. 
  8. Limitation of liability
    1. Save to the extent caused by our gross negligence or willful default, we shall not be liable for any injury, loss, claim, damage, whether based in contract, tort or any other legal theory, whether actual, incidental, special, indirect, exemplary, punitive or consequential (including lost profits or other special damages) which arises out of or is in any way connected with:
      1. your access or use of the dfm_ebidding Portal and/or dfm_ebidding Facility;
      2. your submission of any personal information, including any unauthorised access to your personal information;
      3. any technical errors, unavailability of the dfm_ebidding Portal and/or dfm_ebidding Facility to you in whole or in part or any failure or delay in any way connected with the use of the dfm_ebidding Portal and/or dfm_ebidding Facility; or
      4. any corruption of data, interruption or ceasing of the operation or availability of your account or failure to submit any Bid; or
      5. any software defects, hardware breakdowns, network vulnerabilities, malicious attacks, security shortcomings, hacking incidents, fraudulent activities and system failures which may occur despite our best efforts.
    2. Nothing in these dfm_ebidding Terms shall exclude or limit our liability for death or personal injury arising from our negligence, fraudulent misrepresentation, and misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
    3. If we are found liable for any loss or damage which arises out of or is in any way connected with these dfm_ebidding Terms or the dfm_ebidding Portal and/or dfm_ebidding Facility, then our liability to you, whether in contract, tort or otherwise for any loss or damage of any kind shall in no event in the aggregate exceed SGD1,000.
  9. Intellectual Property
    1. We are the exclusive owner(s) of all right, title, and interest in and to all content, pictures, images, information, software and other intellectual property with respect to the dfm_ebidding Portal and the dfm_ebidding Facility.
    2. Save with our prior written permission, you are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content, pictures, images, information, software and other intellectual property or copies thereof supplied to you or which appears on the dfm_ebidding Portal nor may you use any such content in connection with any business or commercial enterprise.
  10. Data Protection and Privacy Policy
    1. We take care to safeguard and protect all your information and privacy. We collect, use and disclose only such information reasonably required to enable us to provide the dfm_ebidding Facility as described in our Privacy Policy, which is expressly incorporated into these dfm_ebidding Terms. By submitting any personal information to us, you indicate your acceptance of the terms of our Privacy Policy.
  11. Indemnity
    1. You agree to indemnify, defend and hold us harmless from any and all claims, liability, damages and/or costs (including but not limited to, legal fees) arising from or in connection with the use of the dfm_ebidding Portal and/or the dfm_ebidding Facility by you or any other person using your account or your breach of these dfm_ebidding Terms, to the extent that such claims arise wholly or partly to your negligence and/or willful default.
  12. Advertisements and Third party links
    1. This dfm_ebidding Portal contains advertisements and links to other websites which are not maintained by us. Similarly, other websites may contain links to this dfm_ebidding Portal. We are not responsible for the contents of any third party websites and shall not be liable for any loss, damages or injury arising from the access to and use of contents of those websites. It is your responsibility to check the privacy policies and terms of service and usage of all third party sites that you visit prior to downloading or using any such third party applications or websites.
    2. Any links to other websites are provided as a convenience to you as a user of this dfm_ebidding Portal, and does not imply our endorsement of the linked websites or association with their operators. We disclaim all responsibility and liability for the use of linked websites, which you access and use at your own risk.
    3. Any third party that wishes to establish links to this dfm_ebidding Portal should notify us of their intention prior to doing so and shall ensure provided that such links are not likely to damage our reputation or take advantage of it, and such links are not established in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
  13. No Third Party Rights
    1. These dfm_ebidding Terms apply equally to and are for our benefit and our third party content providers and licensors and each shall have the right to assert and enforce such provisions.  Subject to the previous sentence, no provision herein is otherwise enforceable pursuant to the Contracts (Rights of Third Parties) Act (Cap. 53B) by any person who is not a party to these dfm_ebidding Terms. 
  14. Severability
    1. If any provision herein is held by the Singapore courts to be illegal or unenforceable, the same shall be deemed to be deleted from these dfm_ebidding Terms and shall be of no force and effect; whereas the remainder shall continue in full force and effect. 
  15. No Assignment
    1. You may not assign or delegate or otherwise deal with all or any of your rights or obligations under this dfm_ebidding Terms. We shall have the right to assign or otherwise delegate all or any of our rights or obligations under this dfm_ebidding Terms to any person without having to seek your permission.
  16. No waiver
    1. No waiver by us of any of these dfm_ebidding Terms or default of yours under these dfm_ebidding Terms shall operate or be construed as a waiver by us of any future defaults or provision.
  17. Governing Law
    1. By visiting this dfm_ebidding Portal and using the dfm_ebidding Facility, you agree that the laws of Singapore, without regard to principles of conflict of laws, will govern our relationship and any dispute of any sort that may arise.