Special Terms This event requires a bid deposit of Php 5,000.00. Please contact the auction company to arrange deposit and approval to bid. BIDDERS FORM AGREEMENT (ONLINE AUCTION) 1. You must be a registered bidder to participate in this auction. A “bid number” can be obtained upon payment of a Cash Bond of Twenty Thousand Pesos (Php 5,000.00).The Cash Bond shall automatically put on hold as security bond in the event the bidder wins at the auction. The cash bond 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 item he won at the auction. The Cash Bond posted by the participating bidder shall not operate to limit the liability of the bidder for its breach of the bidding rules and conditions nor does it relieve the bidder from any of its duty under the binding rules and condition. For non-winning bidders, the cash bond shall be refunded on the same day. For our Privilege Members, only Platinum Card Holder will be exempted from the cash bond. Bidder must register and pay the bid deposit to join the online auction. 2. Bidder must present a valid ID upon registration for purposes of identification. Any of the following must be presented: Driver’s license; SSS ID; GSIS ID; Company ID; Valid Passport; or any government issued I.D. 3. The Auctioneer shall regulate the auction. 4.The highest bidder shall be the Purchaser upon declaration of the Auctioneer. Auctioneer will notify the highest bidder (FA) within two (2) days if said items will be awarded. The highest bidder is not allowed to refuse or withdraw their bid once awarded. 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 lot and are NOT WARRANTIES in any way as to the correctness thereof. 7. The auctioneer does not guarantee the information on the sticker of the items specifications and will not arbitrate base only on information. 8. All lots are sold on an “AS IS, WHERE IS” basis and are sold with all faults if any. HMR AUCTION SERVICES, INC. accepts no responsibility for any lot or lots sold upon the fall of the hammer. The winning bidder is not allowed to withdraw or cancel any lot(s) after being declared as the purchaser. It is expressly agreed and understood that the Seller makes no warranties as to the condition of the Subject Vehicles. The sale of the Subject Vehicles to the Winning Bidder is on an as-is- where-is basis. 9. There is a non-negotiable 15% Buyers Premium in addition to the bid price applicable to all lots in this sale. 10. The registration of the transfer of the Subject Vehicles from the Seller (or any previous owners, if any) to the Winning Bidder, and all incidents thereto, shall be the sole responsibility of, and for the sole account of the Winning Bidder. 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 the Seller may have in its possession which the Winning Bidder may reasonably require in connection with such registration, and all incidents thereto. All applicable taxes, fees and other expenses imposable on the transaction shall be the responsibility of and for the sole account of the Winning Bidder. 11. For all high valued items, Auctioneer shall record the bid of the 2nd highest bidder and automatically retain the bid deposit. In the event the winning bidder renege on his/her bid, his cash bond shall be forfeited and the 2nd highest bidder will automatically be declared the winner, and his offer will still be subject for the approval of the Seller. 12. Payments are strictly in the form of cash, manager’s check or direct deposit to the Auctioneer’s account BDO Acct# 4850 213939 Pioneer Highlands Madison Branch payable to HMR PHILIPPINES, INC. 4 13. All won lots shall be paid STRICTLY within two (2) banking days, following the completion of the auction, otherwise Cash Bond will be forfeited. There shall be no partial payment for won lots. Any delay in payment shall result in forfeiture or an additional administrative charge. 14. No collection of lot(s) will be allowed without the presentation of a fully paid receipt to an authorized HMR Auction staff that will assist in the pull out of the won lots/items. 15. The Winning Bidder represents and warrants to the Seller that: a. 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; b. This Bidders Form Agreement constitutes a legal, valid, and binding obligation of the Winning Bidder, enforceable according to its terms; c. 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. 16. Upon payment and pullout of Subject Vehicle, the Seller shall release to the Winning Bidder the following: a. Official Receipts and Certificates of Registration covering the Subject Vehicles. 15 days after the Subject Vehicle is release to the Winning Bidder, the Seller shall release the following: a. Signed Deeds of Absolute Sale covering each Subject Vehicle; b. Other transfer documents evidencing transfer of Subject Vehicles from previous owners, as may be necessary. c. Secretary Certificate 17. The Winning Bidder agrees and undertakes that it shall cause the transfer of registration of the Subject Vehicles to its name within sixty (60) days from execution of the Deeds of Absolute Sale. The Winning Bidder assumes and acknowledges sole responsibility for the use of the Subject Vehicles from the time the Winning Bidder takes delivery of the same. The Winning Bidder shall indemnify and render free and harmless the Seller, its successors and assigns 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 and howsoever arising which the Seller and/or any third party may suffer, and/or for expenses or costs in relation thereto which the Seller and/or any third party may incur arising out of or in connection with (i) the use of the Subject Vehicles from the time it is delivered to the Winning Bidder; (ii) the non-registration by the Winning Bidder of the transfer of the Subject Vehicles, or (iii) any other causes related to the Subject Vehicles from the time the Winning Bidder takes delivery of the same PULL-OUT GUIDELINES: The bidder shall provide all the necessary information needed: Driver’s complete name, Driver’s contact details, model & plate number and type of the vehicles/trucks to be used during pull-out. No items shall be allowed to pull out without the presentation of a fully paid receipt to be requested only by HMR authorized representative(s). All lots must be removed from the site by March 15. STRICTLY NO EXTENSION. Bidders are required to bring their own labor and or equipment such as crane or boom truck. All lots must be paid strictly within 2 days & pulled out by the following schedule: September 17 - October 3 STRICTLY NO EXTENSION, otherwise all payments and items 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 any equipment shall be charged to the bidder. Cost of damage shall be computed by HMR. 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 handling, labeling, transportation, storage, use sale or disposal of the awarded lot. 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. BIDDER’S CLEARANCE FORM After completion of pull-out, bid deposits will only be refunded upon presentation of clearance form issued by HMR. 16. The Auctioneer may disqualify any bidder for the following reasons: a) Bidder disturbs the auction proceedings or creates a commotion during the auction. b) Bidder was found to have misrepresented himself. c) Bidder was caught conniving with another bidder. d) Bidders with outstanding balance. Important Notice: By registering and joining the auction you are acknowledging that you have read & understand the “Bidders Form Agreement” and agree to comply with all the specified Terms and Conditions.