Booking T&C | BYD Malaysia by Sime Darby Motors

BOOKING TERMS AND CONDITIONS

IMPORTANT

The actual Purchaser/Hirer shall have to sign/execute the Retail Customer Order (“RCO”) appearing overleaf in order for the RCO to be effective and valid. If the vehicle is ordered by a legal entity (example: an incorporated company), the authorised representative ie. a director of the said legal entity shall have to sign/execute the RCO.
It is Sime Darby Auto Britannia Sdn Bhd (“Company”) strict policy that no agent and/or representative (includes spouse, child, friend, relative, personal assistant regardless driver or secretary etc) shall be permitted to sign/execute the RCO.
This is to ensure that the specifications of the vehicle ordered as appearing overleaf is correct as ordered by the Purchaser/Hirer.
A vehicle ordered by the Purchaser/Hirer under this RCO shall be registered with the Jabatan Pengangkutan Jalanraya with a car registration number before the vehicle is to be taken delivery by the Purchaser/Hirer.
It is also the Company’s strict company policy that the Company does not buy and/or accept any trade ins of any motor vehicle registered with a vehicle registration number from Langkawi and/or Labuan.

BOOKING FEE AND DEPOSIT:

1. Upon the Purchaser’s/Hirer’s execution of the:-
  1. Second Schedule under the Malaysia Hire Purchase Act 1967 (“Act”) as prepared by the bank/financial institution (“Bank”), the Purchaser/Hirer shall pay to the Company the booking fee of the sum equivalent to one percent (1%) of the On-The-Road Price as appearing overleaf (“Booking Fee”). The Booking Fee shall constitute part payment towards the Deposit (as hereinafter defined).
  2. hire purchase agreement prepared by the Bank, the Purchaser/Hirer shall pay the sum equivalent to nine percent (9%) of the On-The-Road Price (“Outstanding Deposit”) as appearing overleaf to the Bank (or the Company if the Bank has appointed the Company to collect the same in writing).
2. The Company shall refund the sum equivalent to ninety percent (90%) of the Booking Fee (“Refund”) to the Purchaser/Hirer if the Purchaser/Hirer shall cancel the order of the Vehicle but before the Purchaser/Hirer signs the hire-purchase agreement with the Bank.
3. The Purchaser/Hirer acknowledges and agrees that:-
  1. the Company shall be deemed to have received the Booking Fee and/or the Outstanding Deposit from the Purchaser/Hirer if the Purchaser/Hirer shall have received the Company’s official receipt(s) for the Booking Fee and/or the Outstanding Deposit.
  2. the Purchaser/Hirer shall not have any right/recourse against the Company if the Bank fails, neglects or omits to return payment of the Outstanding Deposit to the Purchaser/Hirer upon the Purchaser’s/Hirer’s cancellation of the order of the Vehicle.
  3. the Purchaser/Hirer shall pay to the Company the differential sum (which is the difference derived after the deduction of the Deposit and the hire purchase loan amount from the Net Invoice Value) simultaneously upon the occurrence of the event as referred to in Condition No. 1(a)(ii) above, if any.
4. If the Bank has received the Outstanding Deposit, the Bank shall pay to the Company the Outstanding Deposit and all other monies due under the hire purchase agreement to the Company immediately without demand once the Purchaser/Hirer takes delivery of the Vehicle from the Company.

INCREASE IN PRICES:

1. If the Bank has received the Outstanding Deposit, the Bank shall pay to the Company the Outstanding Deposit and all other monies due under the hire purchase agreement to the Company immediately without demand once the Purchaser/Hirer takes delivery of the Vehicle from the Company.
2. Whereby any cause whatsoever beyond the control of the Company, the Company shall be called upon to pay additional freight or incur any other charges and expenses in respect of the carriage of the vehicle covered by this contract such additional freight, charges or expenses shall be payable by the Purchaser/Hirer to the Company in addition to the price quoted, if required by the Company.
3. In case of any notification to the Company of any revision of the price of the Vehicle after this RCO shall have been signed by the Purchaser/Hirer, the Purchaser/Hirer shall purchase the Vehicle at the price in force on the day of actual physical delivery of the Vehicle by the Company to the Purchaser/Hirer and not at the current price stated herein provided that this provision shall be in addition to and not in derogation of the Company’s rights as set forth in Condition 2(a) and (b) above.
4. Notwithstanding the sum for custom/excise duties and registration/transferring fee specified in the Order Form, the sum payable by the Purchaser/Hirer in respect thereof shall be such sums as the Company has legally had to pay or become legally bound to pay in respect of the transactions.
5. If before the completion of the sale under this RCO the Government of Malaysia introduces a Goods and Services Tax (“GST”), the Company; if so required under the applicable GST legislation; shall charge the Purchaser/Hirer such additional amount being the applicable tax on the amounts invoiced to the Purchaser/Hirer under this RCO, and the Purchaser/Hirer shall pay the taxes charged to the Company.

PAYMENT:

In the case of cash sale, only payments direct to the Company SIME DARBY BEYOND AUTO SDN BHD are recognised and if payments are by cheques then they must be crossed and non-negotiable.
The Vehicle shall remain the property of the Company until the price has been discharged in full, provided that the risk in the Vehicle shall pass to the Purchaser/Hirer from the date of notification that the Vehicle is ready for delivery, or in the absence of such notification on delivery of the Vehicle, a cheque given by the Purchaser/Hirer in payment shall not be treated as discharged until the same has been cleared.

DELIVERIES:

The date given for delivery is approximate only. Delivery must be taken within seven (7) days of the issue of the Vehicle invoice or written advice of arrival, otherwise the Purchaser/Hirer will become liable for storage charges.
If the Purchaser/Hirer shall:-
1. fail to take and pay for the Vehicle within fourteen (14) days of notification that the Vehicle is ready for delivery; and/or
2. cancels the order with the Company after the Purchaser/Hirer has executed the hire-purchase agreement with Bank,
the Company shall be at liberty to treat this contract as repudiated by the Purchaser/Hirer and thereupon the Deposit shall be forfeited without prejudice to the Company’s right to recover from the Purchaser/Hirer by way of damages any loss or expenses which the Company may suffer or incur by reason of the Purchaser’s /Hirer’s default.

DISCONTINUANCE OF / CHANGES TO VEHICLE MODEL:

If, for any reason whatsoever, the vehicle manufacturer should make any changes in the specifications of the vehicle(s) and/or discontinue the production of the vehicle model ordered by the Purchaser/Hirer resulting in that the Company is unable to sell and make delivery of the vehicle to the Purchaser/Hirer, the Company shall not incur any liability to the Purchaser/Hirer but shall, in any case, inform the Purchaser/Hirer of:-
1. such changes in the specifications of the vehicle ordered; and
2. offer to the Purchaser/Hirer the specifications and prices of the other available model(s) in Malaysia for the Purchaser/Hirer to consider.
From the Purchaser/Hirer’s receipt of the aforesaid from the Company, the Purchaser/Hirer shall have three (3) days to consider the aforesaid proposal and the Purchaser/Hirer shall inform the Company as to his/her/its decision. If the Purchaser/Hirer shall want to purchase another different vehicle model at the relevant purchase price of the said vehicle model instead of the currently ordered vehicle, the Purchaser/Hirer shall execute/sign another RCO with the Company. If the Purchaser/Hirer shall decide to terminate the current RCO, then Clause 1(b) shall apply.
The vehicle manufacturer’s decision to:-
1. discontinue the production of any particular vehicle model ordered;
2. produce a new vehicle model in replacement of the vehicle model ordered in the RCO;
shall not give the Purchaser/Hirer the right to rescind/terminate the RCO if the Company is able to make delivery of the vehicle model as ordered by the Purchaser/Hirer in this RCO.

VEHICLE GUARANTEE:

No guarantee or warranty of any kind whatsoever is given by the Company in respect of the Vehicle, the subject of the contract unless such guarantee and/or warranty is expressly added as a special condition in writing hereto, but the Purchaser/Hirer shall be entitled to the benefit of the Manufacturer’s warranty.

TRADE IN VEHICLE:

Any private arrangement made between any employee(s) of the Company for a trade in of a used vehicle is deemed to be a private arrangement between the Purchaser/Hirer and such employee(s) of the Company and shall not in any manner whatsoever be binding on the Company.
If the Company agrees to accept the Purchaser’s/Hirer’s used vehicle as a trade in, the section titled “Details of trade in Vehicle” will be required to be filled up and the Company and the Purchaser/Hirer shall execute a vehicle purchase agreement. If both of the aforesaid is not fulfilled, then it will be deemed to be a private arrangement between the Purchaser/Hirer and such employee(s) of the Company and the Company shall not be bound by such trade in arrangement with the Customer.

NOTICE:

Any notice given hereunder must be in writing and sent by post or email to the residence or place of business of the person to whom it is addressed or to the Purchaser’s/Hirer’s email address and shall be deemed to have been received in the due course of post or email transmission.

USED VEHICLES SOLD TO PURCHASER/HIRER:

Prior to the signing of the order form, the Purchaser/Hirer shall examine the Vehicle and the items set out herein before accepting delivery. On such acceptance the Purchaser/Hirer is deemed to have agreed that the condition of merchantable quality implied by law does not operate in relation to any defects that examination ought to have revealed in the event the vehicle is being sold subject to defects notified by the Company to the Purchaser/Hirer before the signing of the RCO then such condition of merchantable quality does not operate in respect herein.

VARIATION OF TERMS AND CONDITIONS:

The Company reserves the sole right to change or make amendments to or deletions of any of the terms and conditions contained herein and such changes/alterations shall take effect and shall be valid and binding on the Purchaser/Hirer upon notice being given to the Purchaser/Hirer.

GENERAL:

The Purchaser/Hirer acknowledges and agrees that the Purchaser/Hirer hereby agrees to accept whatever registration number is allotted to the Vehicle by the Road Transport Department. If the Purchaser/Hirer wishes to have a special registration number, it is the Purchaser’s/Hirer’s duty to arrange for the tender of the special registration number from the Road Transport Department and provide the Company with the RTD official receipt for the tendered number prior to registration of the Vehicle. If the Purchaser/Hirer requests for the Company to assist in the aforesaid, the Purchaser/Hirer agrees to bear all costs and expenses incurred by the Company to obtain the special registration number from the Road Transport Department.
Any circumstances of any kind whatsoever beyond the control of the Company interfering with production delivery or transit of the vehicle shall release the Company from responsibility under the contract and the Purchaser/Hirer shall have no claim in respect thereof. Any such delay shall not invalidate the contract but no claim shall lie against the Company in respect of any loss or expenses suffered by the Purchaser/Hirer.
It is understood that reference to the Purchaser/Hirer and the Company herein shall apply to their respective heirs, permitted assignees and/or successors-in-title.