Audi Singapore Pte. Ltd.
Terms & Conditions of Sale
All vehicles sold by Audi Singapore Pte. Ltd. (hereinafter referred to as "Audi
Singapore"; or "us",
"we", "our") to the
Customer are governed by the following Terms & Conditions of Sale ("Terms of Sale").
In these Terms of Sale, unless the context otherwise requires, the following expressions shall
have
the meaning set out
against them:
"Acceptance" : |
means the confirmation by Audi Singapore to accept
the Customer's Purchase Offer. |
"Act" : |
means Singapore's Road Traffic Act 1961, and the prevailing
subsidiary legislation,
including without
limitation the Road Traffic (Motor Vehicles, Quota System) Rules (G.N. No. S 139/1990)
("Rules"). |
"Agreement" : |
means the Vehicle Sales Agreement entered into between Audi Singapore and the
Customer, upon
the Customer's Order of a Vehicle from Audi Singapore. The Vehicle Sales Agreement comprises the
following documents:
(a) Purchase Offer: The Purchase Offer describes the Audi Vehicle that you configure and
order, and quotes the Offer Price.
(b) Terms of Sale: These Terms of Sale, in the format effective at the date of Purchase
Offer.
In that regard, any reference to "an Agreement" and/or "the Agreement" between Audi Singapore
and
the Customer includes reference to these Terms of Sale, and any reference to the terms of
"an
Agreement" and/or "the Agreement" between Audi Singapore and the Customer includes
references
to the terms in these Terms of Sale.
|
"Audi" : |
means the manufacturer of the Vehicle(s) that are sold by Audi Singapore in
Singapore. |
"COE" : |
means Certificate of Entitlement, pursuant to the Act and
Rules. |
"Customer" : |
means any customer who enters into an Agreement with
Audi Singapore. For avoidance of
doubt,
any reference to "you" and "your" in the Agreement and/or these Terms of Sale is a
reference to the
Customer. |
"Deposit" : |
means the fee payable by the Customer to Audi Singapore
upon Audi Singapore's Acceptance
of the Customer's Purchase Offer. The prevailing Deposit is S$10,000 (ten thousand). |
"GST" : |
means the prevailing Goods and Services Tax payable upon the
Customer's purchase of a
vehicle with Audi Singapore, pursuant to Singapore's Goods and Services Tax Act 1993. |
"Purchase Price": |
means the final price of the Vehicle as reflected
in your Purchase Order. It includes Temporary
COE, trade-in arrangements and any other disbursements relating to the purchase of the Vehicle.
|
"Tax" : |
means any tax, including but not limited to GST, withholding
tax, charges, rates, levies,
imposts, or duties of whatever nature, present and future, together with interest thereon and
penalties in
respect thereof. |
"Vehicle" : |
means any motor vehicle configured by a Customer and
sold by Audi Singapore. |
1. Agreement to Purchase
You agree to purchase the Vehicle described in your Purchase Offer from Audi Singapore pursuant
to
the terms and
conditions of the Agreement. The Purchase Offer and the Agreement are personal to you and the
rights
and obligations
granted and imposed therein may not be re-sold or transferred to any other person or entity.
2. Purchase Price, Taxes and Official Fees
The Purchase Price of the Vehicle is shown in your Purchase Offer.
3. Order Process including Deposit; Changes
3.1. After you submit your completed Purchase Offer and have paid the Deposit, we will assess
your
Purchase Offer and inform you via email whether we have approved or rejected your Purchase
Offer
("Confirmation Decision"). Our Confirmation Decision is final, although nothing in
these terms prohibits you from
making a new Purchase Offer to us.
3.2. If our Confirmation Decision notifies you of our acceptance of your Purchase Offer, we
will
begin the process of applying for the Temporary COE. At this point, you are contractually
obliged to pay the Purchase
Price to Audi Singapore for the Vehicle as configured by you in the Purchase Offer. The
Deposit shall be
credited towards the Purchase Price.
4. Temporary Certificate of Entitlement ("Temporary COE")
4.1. Unless otherwise agreed between you and us, you hereby irrevocably
authorise and instruct us to bid for a Temporary COE on your behalf, from time
to time, in such manner as may be specified by the Land Transport Authority
("LTA") and in accordance with the Act, the Rules, and/or any other rules and
regulations (including any amendments, modifications and revisions thereto)
made under the Act and the Rules, and such other additional directions and
guidelines as may be issued by the LTA from time to time.
4.2. You agree that we may bid in any category as appropriate. You acknowledge that the COE
bidding
may not be successful.
4.3. We will inform you once we have successfully bid for the Temporary COE. You agree to
accept a
Temporary COE of any appropriate category that has been successfully obtained on your
behalf, and you agree to
honour the successful bid for a Temporary COE made on your behalf. You further agree that we
shall not be
liable to you for any loss or damage that you may suffer due to a subsequent decrease in the
price of a
Temporary COE after the Temporary COE has been successfully obtained.
4.4. If we are not successful in obtaining a Temporary COE for you after 6 bids, either you
or us
may terminate the
Agreement with no claim whatsoever against the other party and the Deposit will be refunded
to you (without interest). You agree, however, that we may use (part of) the Deposit to meet any
administrative costs and expenses that we have incurred on your behalf in the process of bidding for the Temporary
COE.Alternatively you can authorize us to increase the amount up to which we shall bid on your behalf.
5. Payment
5.1. You agree to pay the outstanding Purchase Price for the purchase of the Vehicle within 5
working days after having been informed by us about the successful COE bid and the amount of the outstanding Purchase
Price. The outstanding Purchase Price is the difference between the Deposit and the Purchase Price.
5.2. You shall only make payment via the permitted method provided by us and in the currency of
Singapore Dollars (SGD).
6. Delivery; Title
6.1. You will be able to request a delivery date and location for the handover of your Vehicle once
you have paid
the outstanding Purchase Price, which date and location shall be subject to our confirmation. The
collection
date is an estimate only and is dependent on various factors that are not always within our control.
6.2. In the event you fail to collect your Vehicle on the agreed collection date, you may re-book
your delivery time
and point on our website. We shall be entitled to charge an additional fee for the costs incurred by
us because
of your failure to collect, such as, but not limited to, fees for the storage, transport to the
delivery point and
other logistics costs.
6.3. In the event you have failed to pay the outstanding Purchase Price and/or to perform any other
obligation
under the terms of the Agreement, we shall be entitled to delay the handover and store the Vehicle
at any
place we consider appropriate. Such storage will be at your risk and we are entitled to charge a
storage fee.
We shall not be responsible for the deterioration, loss, damage or destruction of the Vehicle during
such
storage.
6.4. To secure your payment of the outstanding Purchase Price and performance under the terms of the
Agreement, title to the Vehicle shall remain vested in us until all your obligations under the
Agreement have
been fulfilled and/or discharged.
7. Cancellation
7.1. You may submit a cancellation request to Audi Singapore if either of the following events
occurs: (i) if the
Temporary COE was unable to be secured after six (6) bids, or (ii) if your hire-purchase loan
applications have
been rejected by at least three (3) financial institutions. We reserve the right to accept or reject
your
cancellation request at our discretion. If we accept your cancellation request, the Deposit shall be
forfeited. No
cancellation shall be possible after the Temporary COE has been secured.
7.2. We may cancel your Purchase Offer and the Agreement if our performance is prevented by
obstacles due to
national and/or international foreign trade and payments rules or any embargos and/or other
sanctions.
8. Warranty
Save as otherwise provided in this Terms of Sale or mandatory under applicable law, no warranty, condition, description or representation on the part of Audi Singapore is given or implied by this Agreement. The terms of the
Audi Warranty, shall apply to the purchase of your Vehicle.
If you are a consumer, Audi Singapore's warranty provides you with rights that are in
addition to mandatory
statutory warranty rights that you may have under applicable law to the extent those cannot be
modified, affected or
substituted. The warranty in respect of the Vehicle is only valid in Singapore ("Home Jurisdiction")
and the warranty
will not apply in any circumstance outside of the Home Jurisdiction. Should a problem arise with
your Vehicle outside
of the Home Jurisdiction and warranty service is required, you will bear 100% of the cost(s) of
returning the Vehicle to
the Home Jurisdiction for service.
9. Privacy Policy
Audi Singapore's Customer Privacy Policy is incorporated into the Agreement and can be viewed at
Privacy Policy.
10. Limitation of Liability
Subject to the scope of the warranty in respect of the Vehicle, we are not liable for any
incidental, special or
consequential damages as well as loss of profit, loss of data, loss of use, loss of business
opportunity, loss of savings
or discounts, loss of goodwill or reputation arising from or in connection with this Agreement. Audi
Singapore's total
liability and remedy to you howsoever arising from or in connection with this Agreement shall be
limited to the
reimbursement of the Purchase Price.
11. Indemnity
You shall indemnify Audi Singapore from and against any losses, damages, liability, costs (including
legal fees) and
expenses incurred by Audi Singapore as a result or in connection with your breach of any of your
obligations under
this Agreement.
12. Trade-In
Where the purchase of your Vehicle involves a trade-in vehicle ("Trade-in Vehicle"), we will apply
towards the
Purchase Price of the Vehicle the amount payable by us for your Trade-in Vehicle.
12.1. We initially establish the amount payable by us for your Trade-in Vehicle based on the
information you provide
to us with your Purchase Offer.
12.2. Upon delivery of your Vehicle, the actual condition of the Trade-in Vehicle will be reviewed
against the
information you provided to us with your Purchase Offer.
12.3. If the actual condition of the Trade-in Vehicle is worse than you informed us, the value of
the Trade-in Vehicle
will be reappraised. If the reappraised value is not to your satisfaction you may cancel the
Trade-in and pay
the Purchase Price in full. Cancellation of the Trade-in shall have no impact on the validity of the
Agreement.
12.4. You agree to deliver to us satisfactory evidence of your clear title to the Trade-in Vehicle
at the time you deliver
the Trade-in Vehicle to us. We have the right to sell the Trade-in Vehicle upon receipt of the
Trade-in Vehicle,
in addition to other rights the Agreement grants us. You warrant that you have good and marketable
ownership
of the Trade-in Vehicle and that it is free and clear of any and all charge(s), lien(s), and/or
encumbrance(s)
(unless previously disclosed to us). In the event it is determined that there are any outstanding
charges and/or
liens and/or encumbrances against the title to the Trade-in Vehicle (other than those previously
disclosed to
us), you agree to be solely responsible for, and to pay any additional amounts necessary, to satisfy
and
discharge such charges, liens and/or encumbrances.
12.5. You further warrant that the Trade-in Vehicle was not, and never was:
12.5.1. previously used as a police, private hire or taxi vehicle,
12.5.2. a salvage or flood damaged vehicle,
12.5.3. reconstructed, or
12.5.4. otherwise subject to any other condition that would adversely affect the value of the
Trade-in Vehicle,
except as otherwise disclosed to us.
12.6. Risk and title of the Trade-in Vehicle shall pass to us upon delivery.
13. Governing Law; Jurisdiction
The terms of the Agreement are governed by, and to be interpreted according to, the laws of
Singapore. Any dispute
arising out of or in connection with the Agreement and its terms (including any question regarding
its formation,
existence, validity and/or termination) shall be referred to and finally resolved by the exclusive
jurisdiction of the courts
of Singapore.
14. Contracts (Rights of Third Parties) Act 2001
The terms of the Agreement are valid and binding between us and the Customer. The application of
Singapore's
Contracts (Rights of Third Parties) Act 2001 to the Agreement is excluded by this clause, and no
third party shall be
entitled to enforce the terms of the Agreement against us.
15. Severability
If any clause in the Agreement is or becomes invalid and/or illegal and/or unenforceable, the clause
concerned shall
be severed from the remainder of the Agreement such that the remainder of the Agreement shall remain
valid, legal,
and enforceable.
16. Force Majeure
Neither Party shall be liable to the other for any loss or damage incurred by the other Party as a
result of any delay or
failure of performance of the first Party caused by events beyond the reasonable control of the
first party. Any such
delay or failure shall not entitle the other Party to repudiate, cancel or rescind this Agreement.
17. Entire Agreement
17.1. All agreements, oral statements, negotiations, communications or representations about the
Vehicle sold
under the Agreement made prior to the conclusion of the Agreement are superseded by the Agreement.
For
avoidance of doubt, all terms purported to relate to the purchase of the Vehicle not expressly
contained herein
are neither valid nor binding. We may assign the Agreement to one of our affiliated entities at our
sole
discretion.
17.2. The Agreement is entered into and effective as at the date you accept the Agreement by your
signature,
whether by electronic means or otherwise. By confirming and accepting the Agreement, you agree to
all the
terms and conditions of the Agreement.