Terms and Regulations

CAR AND MOTORCYCLE AUCTION'S DEPOSIT STRUCTURE

• DEPOSIT ON EACH LOT AND BUYER'S PREMIUM MUST BE PAID BY CASH/BANK DRAFT IN FAVOUR OF FOCAL PARK SDN. BHD. IMMEDIATELY ON THE FALL OF THE AUCTIONEER'S HAMMER.
• THE BALANCE PURCHASE PRICE MUST BE PAID IN CASH/BANK DRAFT/TELEGRAPHIC TRANSFER IN FAVOUR OF FOCAL PARK SDN. BHD. (OR THE LEGAL OWNER WHERE APPLICABLE) WITHIN FIVE (5) DAYS AFTER THE DATE OF PUBLIC AUCTION SALE.
• ALL VEHICLES OFFERED FOR SALE ARE "AS SEEN" AND ON "AS IS WHERE IS" BASIS AT THE BUYER'S RISK.

SPECIAL TERMS & CONDITIONS

1. Bidders must be registered on the authorized bidder's supplied by Focal Park Sdn. Bhd.
2. A deposit of RM1,000/- and the buyer's premium of RM700.00 (Car) or RM270.00 (Motorcycle) must be paid strictly by Cash or Bank Draft in favour of Focal Park Sdn. Bhd. immediately on the fall of the hammer by the Auctioneer to the successful bidders for every vehicle.
3. A deposit for a sum equivalent to RM5,000.00 or 10% of the Bidding Price of RM100,001/- and above, and the buyer's premium of RM700 (car) or RM270 (Motorcycle) must be paid strictly by Cash or Bank Draft in favour of Focal Park Sdn. Bhd. immediately on the fall of the hammer by the Auctioneer to the successful bidder for every vehicle.
4. The Balance Purchase Price to be paid strictly by Cash, Bank Draft, Telegraphic Transfer in favour of Focal Park Sdn. Bhd. (or the Legal Owner where applicable) or Letter of Approval from Finance Company or Bank for refinancing within five (5) days from the auction date.
5. We reserve the right to withdraw any vehicle for Auction before the fall of the Auctioneer's Hammer.
6. For motorcycle, every bid is RM100/-
7. For Reserved Price below RM50,000/-, every bid is RM200/-.
8. For Reserved Price between RM50,001/- to RM100,000/-, every bid is RM500/-.
9. For Reserved Price RM100,001/- and above, every bid is RM1,000/-.
10. Be sure to inspect the vehicles before bidding and no inspection is allowed during or after the auction.
11. As all the lots were made available for inspection before the Auction, no allowance or refund will be made, nor will any buyer be permitted to reject any lot on the ground that it is not correctly in the buyer's Catalogue.
12. All intending bidders are advised to inspect the conditions of the vehicles and conduct their own JPJ, PDRM (police search) prior to the auction sale.
13. No document is given for vehicles cut & joint.
14. If, Puspakom VR 1 inspection is not done, successful bidder has to arrange for Puspakom VR 1 inspection on their own cost and risk.
15. NO REFUND shall be entertained for Puspakom VR 1 "Lulus Bersyarat", VR 1 "Gagal" due to engine changed and vehicles "Blacklisted" by the relevant authorities.

TOYOTA CAPITAL -Administrative fees of RM40 will be charged by Toyota Capital (M) Sdn Bhd.

AFFIN BANK-The successful auction price must be fully setted within ten (10) days from the date. Any request for extension on the settlement shall attract penalty charges of RM500.00.

"Hong Leong Bank Berhad have made it compulsory for the successful bidder to sign the Declaration of Source of Funds for successfully bidder vehicles RM25,000.00 and above, this is only applicable for successful bidder who wish to settle the balance purchase price with "CASH TERMS" only. In the event of a bidder neglecting or failing tp comply with this condition, any deposit paid shall be forfeited and the sucessful bid shall be deem to be null and void. The vehicle thereafter shall be resold by further auction and such resale to be considered as new sale for which the Bank and /or Auctioneer will be entitled to do so"

9.0A Extra refundable security deposit

A. For Malayan Banking Berhad auction artiles with reserve price from RM5,000.00 and below, an extra refundable security deposit of RM1,000.00 ("extra security Deposit") is to be collected together with the amount stated in clause 9.0A from the successful bidder.

B. The Extra Security Deposit will be refunded after the proof of transfer of ownership being so presented to Malayan Banking Berhad. 

 Aiqon Amanah Sdn Bhd/ Aiqon Islamic Sdn Bhd do not have any document for support transfer, succesful bidder have to do themselves. Aiqon only will give consent to Ambank E Batal for Aiqon vehicle. Kindly take note the ownership for all Aiqon vehicle still Ambank and Aiqon took over NPL account by way of vesting order granted by High Court of Malaya.

Chailease Berjaya Credit Sdn Bhd- All documents related to the ownership transfer (JPJK3A, K3, K7, COMPANY REGISTRATION FORM) will be released after 30 days from the date of settlement of the full amount. Pleased to be informed that from 25.08.2023, the release letter will only be issued on the next working day after payment is made (to comply with system clearance).Payment for the remainder of the auction must be made within 14 days of successful date. Any payment that exceeds 14 days requires approval from the Manager to extend the payment time.

ONLINE TERMS AND CONDITIONS (AUTO VEHICLE AUCTION)

The Terms and Conditions specified herein shall govern all users of www.focalpark.com.my (“FPSB website”).

1. ELIGIBILITY OF E-BIDDERS

1.1. Parties who are interested to participate in public auction and bid online (“E-Bidders”) may do so by logging on to FPSB website and register as a user.

1.2. E-Bidders who register as a user to participate in the public auction via FPSB website shall:

a. For an individual, be of 18 years and above, sound mind and not an undischarged bankrupt;

b. For a company, be incorporated under the laws of Malaysia and must not be in liquidation; and

c. Be able to take, fulfil and perform all necessary actions, conditions and matters (including obtaining any necessary consents) in terms of law to enable E-Bidders to participate in the public auction and complete the purchase in the event of successful bid.

1.3. E-Bidders’ eligibility requirements are also subject to the existing Federal and State legal provisions.

2. REGISTRATION OF E-BIDDERS

2.1. E-Bidders shall provide true, current and accurate information to register as a user.

2.2. Individual E-Bidders are required to upload copies of identification documents.

2.3. For E-Bidders who are companies, certified copies of the Form 24; Form 44; Form 49 (or its equivalent forms under the Companies Act 2016); Memorandum and Articles of Association/Constitution of the company in compliance with Companies Act 2016 and a duly signed Board of Directors’ Resolution shall be uploaded.

2.4. E-Bidders only need to register as user once and the registered E-Bidder’s username and password can be used for the subsequent auctions on the FPSB website.

2.5 E-Bidders shall keep the E-Bidders’ account details strictly confidential and be liable for any bids made via the E-Bidders’ account.

2.6. E-Bidders are advised to inspect the condition of the vehicles and conduct their own JPJ, PDRM (police) search prior to the Auction sale.

2.7. It is the sole and absolute responsibility of all intending E-Bidders at their own costs and expense, to seek and obtain from the Puspakom, JPJ and/or the relevant authorities or bodies, all inspections, and/or consents as may be required or as may be applicable in respect of the purchase of the Vehicle and to satisfy themselves on the physical condition of the Vehicle and all matters in connection with the Vehicle prior to the bidding (including and not limited to verifying the particulars, state and condition of the Vehicle and the terms of the conditions and restrictions affecting the Vehicle if any, and matters relating to the ownership and transfer of the Vehicle, the status of the Vehicle’s cuts and joints, the tampering of engine and chassis numbers, the change of engine, blacklist by relevant authorities and/or any other obligations pertaining to the Vehicle). E-Bidders shall be deemed to have conducted independent inspection and have full knowledge of all of the matters aforesaid. Focal Park Sdn Bhd (“the Auctioneer”), the Legal Owner/Bank, the Legal Owner/Bank’s solicitors and FPSB website and their respective agents or servants do not in any way make any representation or warranty in respect of any of the aforesaid and shall not in any way be responsible or liable to the E-Bidders in respect of any of the aforesaid.

2.8. The registration of an individual or company as a user on the FPSB website shall not be construed as approval of eligibility of the intended E-Bidder to conclude the auction sale. Please refer to Part 1 above for requirements on the eligibility of E-Bidders.

3. HOW TO BID

3.1. E-Bidders may browse through the FPSB website and select the vehicles the E-Bidders wish to bid.

3.2. By proceeding with the bid in the Auction, the E-Bidders are deemed to have agreed and accepted the FPSB website Terms & Conditions.

3.3. The Terms & Conditions herein shall be read together with all the Conditions of Sale attached to the Proclamation of Sale which is uploaded on the FPSB website and shall be deemed to have been read and agreed upon by the E-Bidders prior to bidding.

3.4. E-Bidders must make deposit payment as required under the Conditions of Sale attached to the Proclamation of Sale, i.e. a sum of RM1,000.00 (if the Reserve Price is below RM100,000.00) or a sum of RM5,000.00 (if the Reserve Price is RM100,001.00 and above) together with the buyer’s premium of RM700.00 per vehicle RM270.00 per motorcycle via online payment gateway that facilitates local interbank transfer of funds and available on the FPSB website. No personal cheques will be accepted.

3.5. E-Bidders are required to complete the registration process by inserting the relevant details and uploading the relevant documents onto the FPSB website and make the deposit payment as stipulated in Part 3.4 above latest by 11.59 pm, at least one (1) day before the auction date.

3.6. Registration shall be subject to verification and approval of FPSB website and subject further to deposit payment being cleared by the bank. Please take note that approval from FPSB website administrator may take at least 1 working day and any improper, incomplete registration or late registration may be rejected at the sole discretion of the FPSB website. Neither FPSB website nor its agents and/or representatives bear(s) any responsibility or assume(s) any liability in the event that the registration of a prospective E-Bidder is rejected and/or delayed for any reason whatsoever. In the event of the registration is rejected, the deposit paid (if cleared by the bank) shall be refunded to the same bank account from which the deposit transfer was made within five (5) working days.

3.7. Upon approval and verification by FPSB website, registered E-Bidders will receive a activate email which allows the registered E-Bidders to bid for their intended vehicles on the auction day.

3.8. Bidding may be done via a computer, smart phone or any device with internet connection.

3.9. Once the E-Bidders have successfully registered for online bidding, the E-Bidders will be eligible to bid online.

3.10. Upon receipt of the secured hyperlink, only one device may be used to access the online bidding interface at any one time.

3.11. All E-Bidders shall read and be familiarised with FPSB website terms and conditions, the conditions of sale and the Terms & Conditions stated herein and the usage of the e-bidding system prior to bidding.

4. BIDDING PROCEDURES

4.1. Bidding shall generally commence based on the sequence of the lot being shown on the online bidding interface. However the Auctioneer has the right to vary this sequence without notice.

4.2. It shall be the responsibility of registered E-Bidders to log in through the online bidding hyperlink to wait for their turn to bid for the vehicle lot in which they intend to bid. E-Bidders are advised to log in to the online bidding hyperlink provided and be on standby before the auction time.

4.3. Auction starts when a flash message “Starts” is displayed, followed by a message stating “Auction started. Enter your bid now”.

4.4. Each bid will be called for 3 times, “First Calling, “Second Calling”, “Third Calling”. Registered E-Bidders may submit their bid at any of these stages of biddings by entering the bid amount.

4.5. Any bid by the registered E-bidders shall not be withdrawn once entered.

4.6. In the event of any clarification, disruption or special situation, the Auctioneer may at his discretion decide to pause, postpone and/or call off the public auction The E-Bidders will be notified of this on the webpage.

4.7. When system displays “No More Bids”, no further bids will be accepted by the Auctioneer through the FPSB website.

4.8. The E-Bidder with the highest bid after the FPSB website displays “Sold” message shall be declared as the successful bidder.

4.9. Upon request by any E-Bidder and subject to the discretion of the Auctioneer, any unsold lots may be re-auction before the auction ends in accordance to the same bidding procedure.

4.10. The decision of the Auctioneer shall be final and binding on the E-bidders.

4.11. A successful E-Bidder will be directed to a page where further directions are given in order to conclude the sale of the auction vehicle. Please also refer to Part 5 below.

4.12. Unsuccessful E-Bidders will have the deposit paid (if cleared by the bank) refunded to the same bank account from which the deposit transfer was made within five (5) working days.

4.13. The information shown and/or prompted on the screen handled by the FPSB website regarding the public auction, particularly to the calling of bidding price during the bidding process and the declaration of successful bidder shall be final and conclusive.

5. POST PUBLIC AUCTION

5.1. Any E-Bidders who successfully bid for the Vehicle shall and undertake to pay the balance purchase price to the Legal Owner/Bank within the timeframe as stipulated in the Conditions of Sale attached to the Proclamation of Sale from the date of auction, failing which the deposit paid will be forfeited by the Legal Owner/Bank.

5.2. In the event there is any inconsistency between the personal details and documents uploaded in the FPSB website and the actual documents produced by the successful bidder, the Auctioneer shall have the right not to issue the Certificate of Sale in favour of the successful bidder and may at his discretion cancel the sale and proceed to put the vehicle up for a new auction and the deposit paid together with the buyer’s premium shall be forfeited to defray the cost of the auction and shall not be refunded.

5.3. The issuance of the Certificate of Sale shall be a conclusive evidence for the sale of the Vehicle to the successful bidder.

6. OTHER APPLICABLE TERMS & CONDITIONS

6.1. All registered E-Bidders at FPSB website undertake to fully comply with this terms and conditions herein. Further, all successful E-Bidders shall also be bound by the terms and conditions of the Conditions of Sale attached to the Proclamation of Sale.

6.2. The Auctioneer may from time to time add, modify, or delete any terms and conditions herein in the interest of the Auctioneer and/or the Legal Owner/Bank.

6.3. E-Bidders are responsible to ensure that their internet access is in good condition during the whole process of public auction until conclusion thereof. Unsatisfactory internet access may disrupt any bids made by the E-Bidders.

6.4. The Auctioneer or the FPSB website shall not be liable for any disruptions, delays, failures, errors, omissions, or loss of transmitted information due to the unsatisfactory internet access or any online or system failures or disruptions that may howsoever occur during the process of public auction at FPSB website resulting in the E-Bidders being unable to place or execute the bid or resulting in any loss whatsoever.

6.5. FPSB website is owned and operated by the Auctioneer. The E-Bidders agree and accept that the Auctioneer or the Legal Owner/Bank in which the Auctioneer acts for or their Solicitors or any of their respective servants or agents shall not be in any way liable for any claims or loss arising out of the use of the FPSB website.

7. APPLICABLE LAWS AND JURISDICTION

7.1. The usage of FPSB website together with the terms and conditions hereof shall be governed by and construed in accordance with the laws of Malaysia.

7.2. The laws of Malaysia shall regulate and apply to all electronic transactions of vehicle by public auction. Any legal actions or proceedings arising out of or in connection with the electronic transaction of vehicle by public auction shall subject to the exclusive jurisdiction of the Courts of Malaysia.

8. CONFIDENTIALITY OF INFORMATION

8.1. By accessing this FPSB website, the E-Bidders acknowledge and agree that FPSB website may collect, retain, or disclose the E-Bidder’s information or any information by the E-Bidders for the effectiveness of services, and the collected, retained or disclosed information shall comply with Personal Data Protection Act 2010 and any regulations, laws or rules applicable from time to time.

8.2. E-Bidders agree to accept all associated risks when using the service in the FPSB website shall not make any claim for any unauthorized access or any consequential loss or damages suffered howsoever caused.

8.3. E-Bidders shall be responsible for the confidentiality and use of password and not to reveal the password to anyone at any time and under any circumstances, whether intentionally or unintentionally.

8.4. E-Bidders agree to comply with all the security measures related to safety of the password or generally in respect of the use of the service.

8.5. E-Bidders accept the responsibility that in any event that the password are in the possession of any other person whether intentionally or unintentionally, the E-Bidders shall take precautionary steps for the disclosure, discovery, or the Bidders shall immediately notify the Auctioneer.

9. INTELLECTUAL VEHICLE

9.1. Any information, contents, materials, documents, details, graphics, files, data, text, images, digital pictures, or any visual being displayed in the FPSB website shall not be used or published either by electronic, mechanical, photocopying, recording or otherwise without the permission from FPSB website.

9.2. In the event of any infringement of intellectual vehicle rights under the Terms and Conditions herein, FPSB website may use any available legal remedies which may include the demand for actual or statutory damages, solicitors’ fees and injunctive relief.

10. MISCELLANEOUS

10.1. In the event there is any inconsistency, discrepancy, misstatement or error appearing in translations of the particulars and the Terms and Conditions to any other language (if any), the Terms and Conditions in the English Language version shall prevail.

10.2 Words importing the singular number shall include the plural number and vice versa

Note: The above struture is merly a guideline and reference only!
Every bank has its own terms and conditions to be announced during auction.

*All bank charges incurred (if any) to be borne by the bidders! 

By Order, 
Licensed Auctioneer