that my/our tender herein constitutes a final irrevocable offer which if accepted by the Company, shall form an enforceable binding contract between the Company and myself/ourselves;
that if you decide to accept my/our offer (at your sole and absolute discretion), you will inform me/us by facsimile and/or telephone at the numbers stated below within FOUR (4) WORKING DAYS after the closing date of the tender OR SUCH FURTHER TIME AS YOU DEEM FIT;
that if my/our offer is successful, I/we undertake to pay you in full including GST (if any), transfer fees and all costs and charges to effect the transfer within three (3) working days of your notifying me/us of your acceptance of our/my tender, otherwise you may, at your discretion, deem that I/we have withdrawn my/our offer. I/We will take delivery of the Goods at my/our expense within three (3) working days of your notifying me/us of your acceptance of our/my tender.
that if I/we were to delay in taking delivery of the Goods, I/we will bear the full risk for the Goods and arrange all insurance coverage at my/our own expense. Further, I/we will release and hold you harmless, and indemnify you in full against all claims, losses, damages, costs and expenses (including legal costs on an indemnity basis) arising from our delay in taking delivery of the Goods or any breach of the terms and conditions herein. I/We further agree and accept that I/we shall indemnify and pay you for all storage costs, commencing from the 4 th working day after you notify me/us of your acceptance of our/my tender;
that if I/we breach the terms and conditions herein, whether by failing to make full payment for the Goods or failing to take delivery of the Goods under paragraphs (c) and (d) above or otherwise, you may at your sole and absolute discretion reject my/our tender without notice and deem that I/we have withdrawn my/our offer. You may then re-tender and re-sell the Goods to others and I/we shall indemnify you for the difference in the price of the Goods (if the Goods are re-sold at a lower price) plus all costs and expenses incurred in arranging and carrying out the re-sale, including but not limited to additional advertisement charges, storage costs, road tax, and insurance. I/we agree and acknowledge that you may prohibit us from participating in any future auctions or require us to make a deposit before accepting any of our bids;
that you have the full right to reject the above offer without notice and without giving any reasons and your decision is final;
that I/we acknowledge that I/we are not dealing as consumers under the Unfair Contract Terms Act (Cap. 396) and Consumer Protection (Fair Trading) Act (Cap.52A) as this is a sale by auction or competitive tender;
that I/we have examined and/or have had reasonable opportunity to examine the Goods and our tender for the Goods is based on their current state/condition;
that the Goods are sold on an “AS IS WHERE IS” basis without guarantee or warranty, express or implied, as to the correctness of description, satisfactory quality, merchantability, condition, state of repair and suitability/fitness for any particular purpose or use. I/we confirm that my/our decision and offer to purchase the Goods is based solely on my/our own examination of the Goods and I/we have not relied on any representation or warranty from the Company, its officers, agents, employees, servants or staff. I/we have relied on my/our own skill and judgment and have not relied on the skill or judgment of the Company, its officers, agents, employees, servants or staff;
that the security and title to the Goods shall remain with the Company until full payment has been settled by me/us under paragraph (c) above;
that you have the right to make re-tender(s) to others at your discretion without prejudice to your right to accept my/our tender offer herein, and such re-tender(s) shall not constitute a rejection of my/our tender offer;
that an unsuccessful tender will not be notified;
that in the event I/we withdraw my/our offer after you notifying me/us of your acceptance, I/we shall be in breach of the contract and be liable to you for liquidated damages in the sum of S$500.00 plus GST, which I/we agree and accept as a genuine pre-estimate of the loss and damage suffered by you as a result of our breach. Further, you shall be at liberty to arrange and carry out a re-sale of the said goods at your sole discretion and I/we agree and acknowledge that I/we shall be liable to you for all costs and expenses incurred in arranging and carrying out the re-sale, including but not limited to additional advertisement charges, storage costs, road tax and insurance. I/we agree and acknowledge that you may prohibit us from participating in any future auctions or require us to make a deposit before accepting any of our bids;
in the event I/we breach any of the terms of this Tender, I/we will indemnify you for all costs and expenses incurred by you in enforcing the terms of this Tender, including legal costs on a full indemnity basis.
a person who is not a party to this Tender shall have no rights to enforce any of its terms under the Contracts (Rights of Third Parties) Act (Cap. 53B).
this Tender embodies all the terms and conditions agreed upon and no variations shall be effective unless made in writing.. This Tender constitutes the final agreement between parties and supersedes and cancels all previous agreements, indulgences and undertakings, whether such be written or oral.
this Tender shall be governed by and construed in accordance with the laws of Singapore. I/we hereby irrevocably submit to the non-exclusive jurisdiction of the courts of Singapore.