Document

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.