BIDDERS FORM AGREEMENT – VEHICLE LIVE PUBLIC AUCTION
JUNE 3, 2023
1. You must be a registered bidder to participate in this auction, whether the registered bidder wishes to bid live, through simultaneous broadcast, or through our online time auction lots, Absentee or Phone Bidding. Auctioneer may refuse registration and disqualify a bidder if AUCTIONEER’s records show applicant bidder’s non-compliance with the bidding rules and procedures during previous auctions. Upon registration, bidder must pay a Bid Deposit of Twenty Thousand Pesos (Php 20,000.00) for Cars & Truck and Five thousand Pesos (Php 5,000.00) for Motorcycle. Thereafter, a bid number/bid card will be issued allowing the bidder to participate in the auction.
The Bid Deposit shall automatically be put on hold as security bond in the event the bidder wins at the auction. The Bid Deposit shall answer for any damage or injury caused by the participating bidder to the person or property of the Seller, AUCTIONEER or other bidder or their agents, employees or representative during the course of his participation at the auction or pull out of the vehicle he won at the auction or for failure to comply with the bidding rules. For non-winning bidders, the Bid Deposit shall be refunded on the same day of the auction if paid via cash or within 5 banking days if paid via bank deposit or if check, refund will be in the form of CHECK (provide photocopy of ID and bank details) and upon determination by the Auctioneer that the bidder does not have any outstanding due to Auctioneer. The Bid Deposit shall not operate to limit the liability of the bidder nor relieve the bidder from any of his duty for its breach of the bidding rules and conditions.
2. Bidder must present a valid government issued ID at the auction venue for purposes of identification. Any of the following may be presented:
Driver’s license; SSS ID; GSIS ID; Passport; PRC; IBP.
3. The Auctioneer shall regulate the conduct of the auction. In all cases, the AUCTIONEER has the sole discretion to accept or reject a bid. ALL BIDS ARE FINAL AND NON-RETRACTABLE.
a. On-site- Bidders must raise their hand should they agree with the amount stated by the AUCTIONEER. Alternatively, a bidder may shout a counter bid higher or lower than the current bid while raising up his hand. Only bid recognized by the AUCTIONEER shall be valid.
b. Unless there is a reason to suspend the auction, HMR auction activity will be continuous. AUCTIONEER shall at no point be held liable for any losses or damages arising out of or resulting from bidder’s failure to bid due to any act of the bidder including posting of additional bid deposit.
c. Online- Bidders may access HMR’s bidding platform at hmr.ph or live.hmrbid.com or HMR Auctions App to join a live stream of the auction in real time. Bidder agrees that AUCTIONEER shall not be liable for any loss or damage arising out of or resulting from: failure of any information or data to be transmitted or received in a timely manner, interruption of any data transmission or use of or inability to use the hmr.ph service. Furthermore, AUCTIONEER does not guarantee that bids placed via online will be transmitted or received by the AUCTIONEER in a timely manner.
4. If the bid price is below the Reserve Selling Price (RSP), the vehicle will remain unsold. However, the AUCTIONEER will get the highest bid for recording. After the auction, any unsold lot/vehicle will be made available for sale by negotiation and this shall be subject for Seller’s approval. AUCTIONEER will notify the highest bidder within three (3) working days if said lot/vehicle will be awarded to him.
5. The AUCTIONEER’S decision is final. He has the right to refuse any bid or withdraw any lot(s) from the sale without stating a reason thereof.
6. The particulars, descriptions, measurements and quantities in the catalogue are for the purpose of identification of the vehicle and are NOT WARRANTIES in any way as to the correctness thereof. The AUCTIONEER does not guarantee the information on the sticker of the lot/vehicle specifications and will not arbitrate based only on information.
7. All lot/vehicle is sold on an “AS IS, WHERE IS” basis, with no warranties expressed or implied. Bidders may inspect the vehicle prior to bidding. It is the sole responsibility of the Bidder to ascertain, confirm or verify any and all vehicle information including but not limited to car plate status, non-contact violations or apprehensions associated prior to the auction of the vehicle.
8. AUCTIONEER accepts no responsibility for any lot/vehicle sold upon the fall of the hammer. The winning bidder is not allowed to withdraw or cancel any bid/s after being declared as the winning bidder.
9. There is a 5% to 15% Buyers Premium in addition to the bid price applicable to all lots in this sale
- Cars & Trucks – 5% Buyers Premium
- Motorcycles - 15% Buyers Premium
10. The winning bidder shall pay a notarization fee for each vehicle; depending on the Bid Amount per Deed of Absolute Sale.
11. The winning bidder shall cause the transfer of registration of the vehicle from the Seller (or previous owner, if any) to its name. The Winning Bidder shall solely defray the expenses of such registration including but not limited to VAT/Ad Valorem, applicable import duties and taxes, cancellation of chattel mortgage, etc. The Seller shall have no obligation to the winning bidder with respect thereto except to cooperate with the winning bidder by providing the winning bidder such documents required for such registration.
12. AUCTIONEER shall record the bid of the 2nd highest bidder and automatically retain the bid deposit. In the event the winning bidder renege on or revoke his bid, his bid deposit shall be forfeited and the 2nd highest bidder will automatically be declared the highest bidder, subject to the approval of the Seller.
13. Acceptable forms of payment: cash, manager’s check or direct deposit to the AUCTIONEER’s account: BDO Account# 004850199138 Pioneer Highlands Madison Branch. Payable to HMR AUCTION SERVICES, INC. II
14. All payments shall be STRICTLY made within three (3) banking days following the completion of the auction; with absolute deadline of payment on June 07,2023. Otherwise the Bid Deposit will be forfeited. There shall be no partialpayment.
15. At the time of payment and prior to pull, winning bidder must submit to the AUCTIONEER all requested forms, documents and ID’s as directed including but not limited to:. Refer to Annexes attached to this agreement. It shall be the responsibility of the winning bidder to ensure that all said requirements are authentic, complete and accurate. Failure to do so will delay the release of Official Receipt, Certificate of Registration, Deed of Absolute Sale, Secretary Certificate and other transfer documents.
16. Upon full payment and submission of the required documents, the winning bidder may pull-out his vehicle and the Seller through the AUCTIONEER shall release the following:
A. Photocopy of Official Receipts and Certificates of Registration covering the Subject Vehicles.
B. Certificate of Award
C. Within 30-60 working days – original copy of Official Receipt and Certificate of Registration (Unless consignor declares none and made known to the bidder prior the auction)
D. Within 30-60 working days – Deed of Absolute Sale and other transfer documents necessary to effect transfer of registration to winning bidder’s name.
17. No pull-out of vehicle will be allowed without the presentation of a receipt showing full payment to an authorized HMR Auction staff.
18. The winning bidder represents and warrants to the Seller that:
The winning bidder has the power to enter into and perform this Bidders Form Agreement, and has taken all necessary actions to authorize its execution and delivery and the performance of its terms and conditions;
This Bidders Form Agreement constitutes a legal, valid, and binding obligation of the winning bidder, enforceable according to its terms;
The execution, delivery, and performance by the winning bidder of this Bidders Form Agreement will not violate in any respect any provision, or result in the breach, of any Contract to which the winning bidder is a party, or any law, rule, regulation, order, writ, judgment, injunction, decree, determination, or award of any authority, agency, or court, presently in effect and binding on the winning bidder, or any other restriction of any kind or character to which the winning bidder is subject.
19. The winning bidder agrees and undertakes that it shall cause the transfer of registration of the vehicle to its name within sixty (60) working days from execution of the Deeds of Absolute Sale. The winning bidder assumes and acknowledges sole responsibility for the use of the vehicle from the time the winning bidder takes possession of the same. The winning bidder shall indemnify and render free and harmless the Seller, its successors and assigns and/or AUCTIONEER against any and all damages, losses, claims, charges, actions or complaints for injury or death, and/or damage to or loss of property, of whatsoever nature arising out of or in connection with (i) the use of the vehicles from the time it is delivered to the winning bidder; (ii) the non-registration of the vehicle or (iii) any other causes related to the vehicle from the time the winning bidder takes delivery of the same.
20. The issuance of the Official Receipt (OR) and Certificate of Registration (CR) to the winning bidder shall be a pre-requisite for the use of the vehicle.
22. Lot Nos. _____________________. Refund of Deposit is only upon submission of proof of transfer of ownership (Certificate of Registration) to its name.
23. Winning bidder are required to submit a signed Declaration of Absence of Conflict of Interest Form upon registration. Consignor to process the BOC/BIR Payment (fees will be collected separately). Processing period will depend on the release of the actual computation by the Bureau of Customs. Units can be pulled out at Seller’s location only after issuance of BOC Certification and Official Receipt.
24. PULL-OUT GUIDELINES:
- Complete documents must be submitted and approved prior to pull out. Processing time for documents is 24 hours (excluding weekends and public holidays) upon complete submission. Cut off for submission is 12noon. All documents received after 12noon will be processed the following business day. HMR will inform the winning bidder on the schedule of release of the vehicle.
- The winning bidder must personally pull-out the vehicle. If not possible, a notarized SPA is required before the vehicle is released to his representative. Please provide the following information: Driver’s complete name, Driver’s contact details, model & plate number and type of the vehicles/trucks to be used during pull-out. The winning bidder must provide these details to AUCTIONEER AT LEAST 1 day prior to the pull out (during office hours only). No Details, No Gate Pass, No Pullout.
- Storage fee is Php100.00 per day for vehicle that remain in the warehouse after the release of OR/CR.
- Bidders are required to bring their own labor and or equipment such as crane or boom truck. Details must be submitted upon payment.
- Deadline to pull-out the vehicle June 9, 2023. STRICTLY NO EXTENSION, otherwise all payments and unit/s will be forfeited.
- Necessary Personal Protective Equipment (PPE) / Safety Gadgets shall be provided by the winning bidders & shall be checked & approved by the HMR Safety & Security Officer.
- Any damage done to other equipment, properties, or structure in the vicinity caused by the removal of the vehicle shall be charged to the bidder. Cost of damage shall be computed by AUCTIONEER.
- Proper housekeeping must be observed at all times. All the unwanted materials at the work site must be hauled out by the bidder right after work. In the event winning bidder does not practice proper housekeeping, the cost of the clean-up will be deducted from the security bond
- Winning bidder agrees to defend, indemnify, and hold the Seller and Auctioneer harmless from all and against any and all claims, personal injuries, liabilities, demands, suits, damages fines, penalties, and any associated costs and expenses, including but not limited to consequential damages and attorney’s fees which may asserted against or incurred by the Seller as a result of winning bidders dismantling, handling, labeling, transportation, storage, use sale or disposal of the awarded lot.
25. BIDDER’S CLEARANCE FORM - After completion of pull-out, Bid Deposits will only be refunded upon presentation of clearance form issued by the Auctioneer.
26. Winning bidder must refrain from doing any repairs or improvements on the vehicles pending receipt of all pertinent documents necessary to effect transfer of registration to his name. Accordingly, any repairs or improvements done prior to receipt of such documents shall be for the sole account of the bidder.
27. The Auctioneer may disqualify any bidder for the following reasons:
Bidder disturbs the auction proceedings or creates a commotion during the auction.
Bidder was found to have misrepresented himself.
Bidder was caught conniving with another bidder.
Bidders with outstanding balance.
28. USE AND DISCLOSURE OF PERSONAL/CORPORATE INFORMATION
You unconditionally consent to making your personal/corporate information collected in the performance of the services herein, available to the Auctioneer, its employees, affiliates or third parties. Auctioneer shall use and keep the personal/corporate information in strict confidence and in accordance with the Data Privacy Act of 2012. This consent shall be remain effective unless withdrawn in writing.
By Signing below you are acknowledging that you have read & understand the “Bidders Form Agreement” and agree to comply with all the specified Terms and Conditions.