Terms & Conditions - e-Lelong System High Court of Malaya

TERMS AND CONDITIONS OF e-LELONG WEBSITE

The Terms and Conditions specified herein shall determine the procedures to be used in the e-Lelong website and shall apply to all registered users of e -Lelong website.

RECITAL
1. The Terms and Conditions herein shall apply to every electronic public auction transaction for the immovable property in the High Court of Malaya conducted by e-Lelong System.
2. The Terms and Conditions herein shall be read together with the Terms and Conditions of Registration of Bidders.
3. The Registrar of e-Lelong Operation Centre, may from time to time has the sole discretion to add, modify, or delete any terms and conditions, and such additions, modifications or deletions are binding upon Bidders and stakeholders in public auction conducted by eLelong System.
4. Bidders are responsible to ensure that the internet access is in good condition during the process of public auction is being conducted. Unsatisfactory internet access may disrupt bids made by the Bidders.
5. E-Lelong Operation Centre 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 disruptions that may occur during the process of public auction.
6. Any decision or instruction made by the Registrar of e-Lelong Operation Centre shall be final and binding on the Bidders and stakeholders in the public auction conducted by e-Lelong System.
PRIOR TO THE PUBLIC AUCTION
1. ELIGIBILITY OF BIDDERS
  1. Bidders who register to participate in the public auction in e-Lelong System are expressly agreeable to the Terms and Conditions as follows:
    1. Minimum age limit of individual Bidders shall be of 18 years and above, of sound mind and not undischarged bankrupts;
    2. Companies incorporated under the laws of Malaysia and not in liquidation;
    3. Possess full right, power and authority to make the bidding and purchase the property; and
    4. Able to take, fulfill and perform all necessary actions, conditions and matters (including obtaining any necessary consents) in terms of law to enable Bidders to participate in the public auction.
  2. Bidders’ eligibility requirements are subject to the existing Federal and State legal provisions.
2. REGISTRATION OF BIDDERS
  1. Parties who are interested to participate in public auction shall register as Bidders in the e-Lelong System.
  2. Bidders are responsible to provide all true, current and accurate information at the time of registration as a registered user of the e-Lelong System.
  3. Individual Bidder shall upload copies of identification documents into the e-Lelong System at the time of registration.
  4. In the event of bidding by companies, Form 49 of the Companies Act 1965, Memorandum and Articles of Association of the company and Board of Director’s Resolution duly signed by all directors shall be uploaded into e-Lelong System at the time of registration.
  5. Bidders only need to register once in the e-Lelong System and the registration shall be applicable for the subsequent auction.
  6. Bidders are subject to any restrictions provided under the state laws except with the approval of the relevant authorities.
  7. Foreign citizens or foreign companies cannot be a Bidder for property subject to any restrictions under any law EXCEPT with the approval of the relevant authorities.
  8. Bidders are responsible to identify the property and to ensure that the details, liabilities and encumbrances of the property are correct and accurate.
3. DEPOSIT
  1. Bidders shall deposit a sum equivalent to ten per centum (10%) of the reserve price of the property to be auctioned in the form of Bank Draft to e-Lelong Operation Centre, Kuantan Court Complex via Pos Laju services (Pos Malaysia) or by hand, or by hand to any of the High Courts of Malaya in Peninsular Malaysia, no later than one (1) working day before the public auction is conducted.
    The Bank Draft (if delivered via Pos Laju services) shall be attached with the following :-
    1. “Bidding Form” downloaded from e-Lelong website [The Form may be downloaded after selecting the property to be auctioned].
    2. Pos Laju prepaid Envelope shall be obtained at Pos Laju counter for the purpose of returning the Bank Draft to the unsuccessful Bidder;
  2. For individual Bidders, full details must be written behind the Bank Draft, as follows:
    1. Name;
    2. Identity Card No.;
    3. Telephone No.;
    4. Current address;
    5. Property ID No.; and
    6. Execution Reference No.
  3. For company Bidders, full details must be written behind the Bank Draft, as follows:
    1. Company’s name;
    2. Company registration No.;
    3. Name and identity card of the company representative authorized in the Memorandum of Company;
    4. Telephone No.;
    5. Current Company’s registered address;
    6. Property ID No.; and
    7. Execution Reference No.
  4. Bidders who have paid the deposit may withdraw from the public auction no later than one (1) day before the date of the public auction to be conducted by informing to the Registrar of e-Lelong Operation Centre via email.
  5. In the event of the public auction is successful, the deposit amount paid by the successful Bidder shall be delivered to the Plaintiff Solicitors by using the Pos Laju services (Pos Malaysia).
  6. As for unsuccessful Bidders or the Bidders who have withdrawn from the public auction, the deposit shall be returned -
    1. via Pos Laju services (Pos Malaysia); or
    2. at the Counter of e-Lelong Operation Centre (for the Bidders whose the deposit submitted by hand); or
    3. Execution Counter at the High Court of Malaya (for the Bidders whose the deposit submitted by hand to the High Court of Malaya).
DURING THE PUBLIC AUCTION
1. TIME FOR PUBLIC AUCTION
  1. Public auction time is divided into three (3) sessions which are at 9.00 am, 11.00 am and 2.30 pm (Monday to Friday). The public auction shall be terminated if no more bidding offered within two (2) minutes and thirty (30) seconds from the last bid.
2. BIDDING RATE
  1. The Registrar of e-Lelong Operation Centre shall has discretion to determine the increase of bidding rate based on the total number of Bidders and value of the property auctioned.
  2. In the event there is only one Bidder during the public auction, the public auction will begin at the property reserve price while if there are more than one Bidder, the public auction will begin at the increment rate which to be determined.
3. TIME PERIOD OF PUBLIC AUCTION
  1. The time period of public auction for each session is for one (1) hour except in the following circumstances:
    1. In the event the public auction has started and no bid is made within thirty (30) minutes, the public auction shall be terminated; or
    2. In the event a period of two (2) minutes and thirty (30) seconds after the last bid has lapsed and no more bids are made, the last Bidder shall be declared as the successful Bidder and the public auction is later terminated.
  2. Bidder with the highest bid at the end of the public auction shall be declared as the successful Bidder.
  3. The Registrar of e-Lelong Operation Centre shall notify both successful and unsuccessful Bidder by a notification in the e-Lelong website.
POST PUBLIC AUCTION
1. MEMORANDUM OF SALE
  1. The Registrar of e-Lelong Operation Centre shall execute the Memorandum of Sale to be delivered to the successful Bidder.
  2. Both Plaintiff and successful Bidder shall be subject to the terms contained in the Memorandum of Sale.
  3. The Memorandum of Sale shall be a conclusive evidence for the sale of the Defendant’s property to the successful Bidder.
  4. The Property is sold on as is where is basis and vacant possession of the property is under the obligation of the successful Bidder.
2. BALANCE OF PURCHASE PRICE
  1. The successful Bidder shall settle the balance purchase price within one hundred and twenty (120) days from the date of successful public auction.
  2. In the event the successful Bidder fail to settle the balance purchase price within a period of one hundred and twenty (120) days from the date of sale,
    1. the sale shall be void; and
    2. the deposit of ten per centum (10%) of the reserve price shall be forfeited by the Plaintiff to settle part of the Defendant’s debt to the Plaintiff after deduction of all expenses accrued in the public auction.
  3. The Plaintiff shall prepare and submit Form 16Q of the National Land Code 1965 to both Registrar of e-Lelong Operation Centre and the Defendant within seven (7) days from the date of the public auction is successfully conducted.
  4. The Plaintiff shall within fourteen (14) days after receipt of the balance purchase price submit to the Registrar of e-Lelong Operation Centre a written acknowledgment of receipt of the balance purchase price together with a copy of the payment receipt.
  5. The Registrar of e-Lelong Operation Centre shall within fourteen (14) days from the date of receipt of the written acknowledgment on the receipt of balance purchase price from the Plaintiff deliver the Certificate of Sale in Form 16F of the National Land Code 1965 which has been duly prepared and completed by the successful Bidder; and
  6. The Plaintiff shall within fourteen (14) days after receipt of the balance purchase price:
    1. Pay all fees due to the State Authority or the lessor (if the related charge is a charge upon a lease) and any other payment that exist before and up to the successful auction date to the State Authority or any local authorities.
    2. Pay all other expenses which had been certified by the Registrar of eLelong Operation Centre or the Land Administrator (if any) in relation to the implementation of the order for sale.
    3. Provide copies of receipts for the payment of the expenses in the above mentioned paragraph (a) and (b) to the successful Bidder.
    4. Provide the successful Bidder original copy of Deed of Charge or Grant of Land Title or issue document of title printed by computer or the duplicate copy of the lease, as the case may be.
  7. In the event there is excess of the balance purchase price after deduction of the total amount owed by the Defendant under the charge and the auction expenses, the Plaintiff shall within fourteen (14) days from receipt of full balance purchase price, return the excess balance purchase price to the Defendant.
  8. The Property which has been successfully auctioned is believed to be and shall be taken to be correctly described and is sold subject to all easement, caveat, tenancy, encumbrances and rights (if any) subsisting thereon and no misstatement or misrepresentation which shall annul the sale nor shall any compensation be made in respect thereof.
  9. The plaintiff shall not be responsible to deliver vacant possession of the property to the successful Bidder.
  10. For the purpose of registration of the Certificate of Sale made by e-Lelong Operation Centre in Form 16F of the National Land Code 1965, any requirement to obtain consent from the State Authority in respect of the restriction of interest for the property is not applicable.
APPLICABLE LAWS AND JURISDICTION
1. The usage of e-Lelong website together with the terms and conditions hereof shall be governed by and construed in accordance with the laws of Malaysia.
2. The laws of Malaysia shall regulate and apply to all electronic transactions of immoveable property by public auction. Any legal actions or proceedings arising out of or in connection with the electronic transaction of immoveable property by public auction shall subject to the exclusive jurisdiction of the Courts of Malaysia.
CONFIDENTIALITY OF INFORMATION
1. By accessing this e-Lelong website, the Bidders acknowledge and agree that e-Lelong Operation Centre may collect, retain, or disclose the Bidder’s information or any information by the 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.
2. Bidders agree to accept all associated risks when using the service in the e-Lelong website and the e-Lelong Operation Centre shall not be responsible for any unauthorized access or any consequential loss or damages suffered.
3. 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.
4. 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.
5. Bidders accept the responsibility that in any event that the Password are notified to any other person whether intentionally or unintentionally, the Bidders shall take precautionary steps for the disclosure, discovery, or the Bidders shall immediately notify the Registrar of e-Lelong Operation Centre.
INTELLECTUAL PROPERTY
1. Any information, contents, materials, documents, details, graphics, files, data, text, images, digital pictures, or any visual being displayed in the e-Lelong website shall not be used or published either by electronic, mechanical, photocopying, recording or otherwise without the permission from e-Lelong Operation Centre.
2. In the event of any infringement of intellectual property rights under the Terms and Conditions herein, e-Lelong Operation Centre may use any available legal remedies which may include the demand for actual or statutory damages, solicitors’ fees and injunctive relief.
MISCELLANEOUS
1. In the event there is any discrepancy, misstatement or error appearing in translations of the particulars and the Terms and Conditions to any other language, the Terms and Conditions in the Malay Language version shall prevail.

TERMS AND CONDITIONS OF e-LELONG WEBSITE

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