Site Agreement

Rules of Hanamaru Auto Auction

Rules of Hanamaru Auto Auction



Chapter 1 - General Provisions



Article 1 (Name of Auction)
The auto auction sponsored by Hanamaru Auto Trading (Malaysia) Sdn. Bhd. (hereinafter referred to as “Hanamaru”) is named "Hanamaru Auto Auction" and abbreviated as "Hanamaru Auction".

Article 2 (Qualification for Participation)
Individuals and corporations who are qualified by Hanamaru (hereinafter referred to as each a "Member" and collectively the "Members") are allowed to participate in the Hanamaru Auction.

Article 3 (Operation and Management)
  Hanamaru is solely entitled to and responsible for the operation and management of the Hanamaru Auction.

Article 4 (Intellectual Property Rights)
Hanamaru exclusively owns all intellectual property rights in and right to use the registered data of vehicles to be auctioned at the Hanamaru Auction, and any Member or third party is prohibited to make use of the data without prior permission from Hanamaru.

Article 5 (Confidentiality)
Any Member shall not disclose or leak to any third party including but not limited to the Member's customers any confidential technical or commercial information, personal information, or privacy-related information which is obtained through participation in the Hanamaru Auction.

Article 6 (Handling of Member's Information)
  In order for the Hanamaru Auction to accomplish its objectives, the Members shall authorize Hanamaru to disclose to third parties including Hanamaru's subcontractors and/or business partners, their information such as; name, trade name, company number, address/company address, phone number, email address, mobile phone number, mobile phone email address, transaction history, involvement in odometer tampering, late payment records, history of expulsion, bankruptcy petition, and any other information that Hanamaru obtains in accordance with the rules herein.

Article 7 (Exemption of Liability)
In the event that a Member suffers any of the following damages during Hanamaru's operation and management of the Hanamaru Auction, Hanamaru is not liable for indemnifying the damage:
(1) Damage resulting from the failure of Hanamaru's or its business partner's host computer, or any hardware or software attached to the host computer,
(2) Damage caused by the Member's computer, its software or peripheral equipment,
(3) Damage resulting from a problem with the Internet link or Internet service provider,
(4) Damage resulting from discontinuation or suspension of the auction service which Hanamaru judges on its sole discretion to be inevitable for repair, maintenance or management of the system,
(5) Damage resulting from Member's faulty operation or management
(6) Damage resulting from leakage or divulgence of Member’s ID, password, or user ID,
(7) Damage caused by viruses, spyware, etc. infected through the use of the Internet or email,
(8) Damage caused by natural disasters including lightning, man-made disasters, or any other force majeure events, and
(9) Damage resulting from any other causes which Hanamaru is not responsible for.
2. In the event that a Member suffers any damage due to any reason(s) attributable to Hanamaru, regardless of the reason(s) Hanamaru is liable for compensation for the damage not exceeding the total amount of all handling fees for the specific deal which caused the damage.
3. Hanamaru may, without prior notification to the Members, change the contents and specifications of services and programs which Hanamaru provides to the Members (including but not limited to the programs offered through the Internet and the services provided at auction sites). Hanamaru is not liable for any consequential damages or losses which any Member may suffer due to the change.

Article 8 (Handling of Disputes)
In the event that a dispute arises in conjunction with the rules set forth herein, Hanamaru is responsible for making its best effort to settle the dispute on a neutral and impartial ground by reconciling the interests of the Members and affiliated auction site involved in the dispute. If the reconciliation does not settle the dispute, Hanamaru is entitled to make a ruling, which all parties involved shall abide by.

Article 9 (Revision of Rules)
Hanamaru may revise any of the rules set forth herein whenever it judges that the revision is necessary. In such a case, the content of the revision shall be publicized on the Hanamaru Auction website. The revised rule(s) shall be applicable to all deals made on and after the effective date of the revision and all deals made before the effective date of the revision shall remain compliant with the rules before the revision.

Article 10 (Number of Days)
The number of days used in the rules herein excludes Saturday, Sundays, national holidays and Hanamaru's regular and temporary holidays.

Article 11 (Governing Law)
The making, validity, interpretation and performance of the rules set forth herein shall be governed by the laws of Malaysia without the conflict-of-laws principles.



Chapter 2 - Members



Article 12 (Rights of Members)
The Members are entitled to participate in the Hanamaru Auction to sell and buy by bidding in accordance with these rules.
2. The Members are entitled to use the following services of the Hanamaru Auction which are provided by Hanamaru:
(1) Detailed data and images of auctioned vehicles,
(2) Participation in the Hanamaru Auction
(3) Freight arrangements for forwarding and shipping between the bases in Malaysia

Article 13 (Obligations of Members)
The Members shall comply with the rules set forth herein and their associated provisions, and shall not bother other Members nor Hanamaru.

Article 14 (Membership Requirements)
  Any company or individual who wishes to hold a membership to participate in the Hanamaru Auction shall satisfy all of the following requirements:
(1) Any applicant for membership shall not be involved or shall not have been involved in any offensive deed to public order and morals, and any deed perpetrated by gangsters or any other anti-social forces, For any corporate applicant, anyone of its board members, employees, stockholders or capital investors shall not be involved or shall not have been involved in any deed perpetrated by gangsters or any other anti-social forces,
(2) All legal registrations and notifications required for sale are filed in accordance with the relevant laws, and all approvals and licenses required for sale are obtained or the criteria to obtain them are satisfied,
(3) All applicants are required company registration / identification (for Malaysia), or a copy of a valid passport (for non-Malaysia) Information and related documents can be submitted.
(4) All applicants are required to comply with the rules herein,
(5) Any applicant shall not be applicable to any of financial sanctions lists including but not limited to the Economic Sanctions and Target List, OFAC Specially Designated Nationals (SDN) List, OFAC Sanctioned Country List, OFAC Non-SDN Target List and United Nations Consolidated List,
(6) All applicants shall be capable of providing Hanamaru with documents which certify fulfillment of the aforementioned requirements or a letter of commitment to ensure the fulfillment and any other documents which Hanamaru considers necessary, and
(7) All applicants shall maintain such environments that allow for the Internet connection and email reception with an appropriate email address.

Article 15 (Membership Registration)
   Both individual and corporate applicants who satisfy all Membership Requirements set forth in Article 14 are given a membership qualification when they agree with terms of use and send all necessary information required to fill in on the member registration screen at the Hanamaru Auction website. Both individual and corporate applicants who are given the membership qualification are qualified as a Member upon completion of the following processes:
 (1) Each qualified applicant who desires to participate in the Hanamaru Auction in Malaysia shall present their company registration / identification (for Malaysia), or a copy of a valid passport (for non-Malaysia) Information.
 (2) Each qualified applicant who desires to participate in the Hanamaru Auction from outside Malaysia shall present any ID with which his or her registered membership information can be verified and provide a background check.
 
Article 16 (Participation Contract)
A participation contract is deemed to be executed between a Member and Hanamaru when the Member reconfirms the terms and conditions for auctions (for instance, payment method, purchased vehicle removal method) followed by receipt of an ID issued by Hanamaru.



Article 17 (Membership Fee “Refundable”)
  Member ship fee is 500RM shall be payable to Hanamaru when you register on Web or before start bid on the Auction. 
If a penalty occurs, the deposit will be deducted if the payment is not completed within the time limit. If that deposit cannot cover your penalty charge then will ask you to pay the difference same time.
When you requested to withdraw membership, we will refund a full amount if there are no penalty on your account.
Additionally, this membership fee of Ringgit Malaysia five hundred (RM 500.00) is subject to any costs incurred in relation to the transaction of the refund by Hanamaru to the Members whereupon such costs incurred shall be borne entirely by the Members.

Oversea Members
For the Oversea Members the Membership fee is 500RM and shall be payable to Hanamaru when you register on Web or before start bid on the Auction, but if there are any additional changes for bank fee or currency exchange amount shall be borne by Members itself. Hanamaru won’t be entitled for any additional costs incurred by Members.
When Oversea Members requested to withdraw membership, we will refund a full amount if there are no penalty on your account. Additionally, this membership fee of Ringgit Malaysia five hundred (RM 500.00) is subject to any costs incurred in relation to the transaction of the refund by Hanamaru to the Members whereupon such costs incurred shall be borne entirely by the Members e.g. ( Bank charges, Foreign exchange charges and other relevant costs incurred.)


Article 18 (ID and Password Management)
1. Each Member is solely responsible for managing his or her ID and Password issued by Hanamaru in a proper manner.
2. In the event that a Member's ID and Password are used by any third party regardless of such reasons as theft, lending or whatsoever, the Member is responsible and liable for the results of bids in which his or her ID and Password are misused, to the same extent as the case of the Member's own use.
3. In the event that a Member becomes aware of the fact or likelihood that his or her ID and Password are leaked to or misused by any third party, the Member shall notify Hanamaru of the incident immediately.

Article 19 (Assignment)
  Any Member shall not assign or collateralize, in whole or in part, his or her membership, rights or obligations under the rules set forth herein to any third party.

Article 20 (Member's Prohibited Conduct)
The Members are prohibited to commit any of the following activities:
(1) Notify Hanamaru of false information on name, point of contact, email address, etc. when registering membership or using the Hanamaru Auto Auction System (hereinafter referred to as the "Auction System"),
(2) Disclose or lend to any third party a membership number, ID, membership card, etc, or commit a name-lending,
(3) Ignore a notice, caution, or warning from Hanamaru,
(4) Copy or reprint the registration data in the Auction System,
(5) Make any advertisement which may undermine other Hanamaru Auction Members' interests,
(6) Interfere with or disturb the normal operation of the Auction System,
(7) Commit defamation of character, harassment, intimidation, invasion of privacy, copyright infringement, or any other legal-rights violations to others,
(8) Use or provide any data file contaminated by viruses or any other harmful software,
(9) Tamper an odometer of vehicles,
(10) Make any contact with a seller and/or owner of auctioned vehicles, or any other member involved without permission by Hanamaru, and
(11) Commit any other activities which breach this contract, these rules or provisions set forth under these rules.

Article 21 (Sanction against Violation)
In the event that a Member fails to comply with Article 20 above, Hanamaru may, without prior notice to the Member, take such sanctions against the Member as to restrict his or her rights as set forth in Article 22 or expel him or her from the Hanamaru Auction as set forth in Article 23 depending on the degree of the breach. In addition, if Hanamaru suffers any damage due to the Member's breaching Article 20, the Member shall compensate Hanamaru for full amount of the damage.

Article 22 (Restriction of Member's Rights)
Hanamaru may set and change the terms and conditions, and credit limit for the business with any Member.
2. In the event that a Member falls into one or more of the following cases, Hanamaru may restrict the business with the Member:
(1) Payment of debt to Hanamaru in accordance with this contract is suspended,
(2) The paperwork to change the ownership of a purchased vehicle through bidding at the Hanamaru Auction does not complete within a predefined period,
(3) The Member does not accept or abide by the ruling which Hanamaru made in accordance with these rules to settle a claim or trouble,
(4) The Member makes any default of obligation, late payment, violation of these rules or associated provisions including claims and troubles against any of Hanamaru's business partners, and
(5) The Member who employed by the company or its subsidiary of similar business nature regardless of the country, and
(6) There is any other reason that Hanamaru considers it appropriate to restrict the business with the Member.
3. In addition, in the event that a Member falls into any of the cases defined in the previous section, Hanamaru may impose the following sanctions on the Member in question:
(1) Impose a penalty for breach of contract as provided in the attached Annex hereto,
(2) Re-set or change the credit limit for the business with the Member,
(3) Prohibit any log-in access to the Hanamaru Auction,
(4) Prohibit from making a successful bid, and
(5) Prohibit from participating in the Hanamaru Auction

Article 23 (Expulsion)
In the event that a Member falls, or is reasonably considered very likely to fall into one or more of the following cases, Hanamaru may, without any formal demand or notice, terminate his or her membership and ID on its sole discretion that he or she is no longer qualified for the membership.
(1) Petition in voluntary bankruptcy or liquidation, filing of corporate reorganization proceedings or civil rehabilitation proceedings, or filing of these petitions by any third party,
(2) Any issuance of dishonored checks or bills, and subsequent suspension of payment or insolvency,
(3) Determination of assignment, change of business or dissolution,
(4) Delinquency in payment for a purchased vehicle and other associated charges beyond the due date predetermined by Hanamaru,
(5) Breach of any obligations set forth in Article 14 (Obligations of Members)
(6) Involvement in any offensive deed to public order and morals, and any deed perpetrated by gangsters or any other anti-social forces,
(7) Submission of false information in the membership application form,
(8) Disobedience of a ruling for claim settlement,
(9) Any conduct that impairs social credibility,
(10) Death of a sole proprietor
(11) Any activity or conduct which is prohibited in these rules, and
(12) Any activity or conduct which is considered inappropriate for the membership.

Article 24 (Withdrawal for Convenience)
Any member who wishes to withdraw from the Hanamaru Auction shall notify Hanamaru of his or her intention of the withdrawal no later than one (1) month before the intended withdrawal date by means of a mail, email or FAX with his or her ID and Password explicitly stated. The contract is deemed to be terminated upon receipt of the notification by Hanamaru. Notwithstanding the foregoing, any of the following conditions is applicable, the contract cannot be terminated until the condition(s) in question is resolved:
(1) The Member has debts and/or credits to Hanamaru or the Hanamaru Auction,
(2) The member has a vehicle(s) registered for bidding in the Hanamaru Auction, and
(3) The member has a vehicle(s) under negotiation.

Article 25 (Notice)
  In the event that any changes in a Member's trade name, company number, address/company address, representative, phone number, email address, and other information filed at Hanamaru occur, the Member shall notify Hanamaru of the change(s) in a written form along with an evidence of the change no later than fourteen (14) working days after the change(s). If the Member fails to submit the notice of change, Hanamaru may impose restriction of business on the Member. In addition, in the event that the Member's failure to submit the notice of change in a timely manner results in any damage to Hanamaru and/or any other Members, the breaching Member shall compensate all damages. In such a case, Hanamaru is not responsible nor liable for any damage which other Members suffer.?



Chapter 3 - Auction



Article 26 (Form of Auction)
The Hanamaru Auction is performed in two (2) forms, one is an auction operated in the form of bid meeting (hereinafter referred to as "Bid Meeting"), and the other is an auction in the form of ascending price auction (hereinafter referred to as "Live Auction").

Article 27 (Bidding Period)
  The Hanamaru Auction is open for bidding and closed as follows:
1. Auction will be decided and held on specific date on the particular week subject to Hanamaru’s decision.
Note that auction may be closed temporarily for convenience of Hanamaru.
2. A vehicle to be auctioned shall be uploaded to the Hanamaru Auction website no later than two (2) days prior to the closing day.
3. In the event that the Auction System has a failure or any questions arise in terms of registered information on a vehicle(s) to be auctioned, Hanamaru may cancel the bid for the vehicle(s) in question, or extend or postpone the auction. In such a case, Hanamaru is not responsible or liable for any damages which the Members may suffer.

Article 28 (Matters to Be Observed)
Since all transactions of the Hanamaru Auction including determination of a successful bidder, contract price, etc. for an auctioned vehicle are processed with the computer in the Auction System, the Members shall abide by the results derived from the Auction System.

Article 29 (Inspection)
Although the Hanamaru Auction discloses the information on vehicles to be auctioned for the Members' reference, Hanamaru does not assure the information and is not responsible for any discrepancy between the inspection result disclosed at the Hanamaru Auction and the actual performance.
2. The following categories of vehicles are sellable at the Hanamaru Auction:
(1) Unrepaired accident vehicles and disaster-stricken vehicles
(2) Spare parts donor vehicles
(3) General vehicles
(4) Fork lift, Heavy machinery
(5) Others

Article 30 (Tender Auction)
1.During auction, the Members utilize the Auction System to participate in bidding on the Hanamaru Auction website.
2. A competitive bidding is conducted for each auctioned vehicle by competing for the highest pre-tax price.
3. Aside of the vehicle price, will be add Bid Charge (Mini 300RM ~ 10% of your bidding amount) and T.S.P (Towing, Storage and Processing Fee) so please check before bid on Auction. 4. Bidders may rebid or cancel a bid within the Bidding Period defined by the Hanamaru Auction.
5. When the bid is closed, if the highest bidding price reaches the seller's reserved price or the seller accepts the highest bidding price even though it does not reach his or her reserved price, it is formally acknowledged that the auctioned vehicle is successfully knocked down at the highest bidding price. If more than two (2) bidders bid the same highest bidding price, the bidder who bid the price first will be awarded.
6. No bids after the Bidding Period are accepted.
7. Bidders are not allowed to change their bidding price or cancel their bid after the bid is closed no matter what the reason may be including data input errors or operation errors except for the case in which the pre-registered information on the auctioned vehicle has been revised before a winner is decided.

Article 31 (Live Auction)
  An auction in the form of ascending price bidding using the Auction System is called "Live Auction".
2. Only the Members who have no violation records of the articles which provide prohibited acts and conducts in these rules and satisfy any of the following requirements, are allowed to participate in the Live Auction:
3. A competitive bidding is conducted for each auctioned vehicle by competing for the highest pre-tax price for the vehicle,
4. Each auction starts at the minimum bidding price and ascends by a fixed increment, both of which are pre-determined by the seller.
5. When the Bidding Period set by Hanamaru Auction expires, if the highest bidding price reaches the seller's reserved price which was declared to Hanamaru in advance, it is formally acknowledged that the auctioned vehicle is successfully knocked down at the highest bidding price.
6. Note that the Bidding Period may be extended automatically depending on bid situation.
7. Bidders are not allowed to change their bidding price downward or cancel their bid no matter what the reason may be including data input errors or operation errors.

Article 32 (Price Negotiation)
1. In the event that the highest bidding price for an auctioned vehicle does not reach its reserved price by the end of the Bidding Period, the Hanamaru Auction may allow the seller and bidders for the vehicle to negotiate on price (hereinafter referred to as "After Bid Negotiation").
(1) In the case of Bid Meetings, if the seller of an auctioned vehicle requests and the Hanamaru Auction so decides, the seller and the bidders who bade highest prices for the vehicle may have an After Bid Negotiation outside the scope of the auction.
2. In the event that the After Bid Negotiation is not settled successfully, Hanamaru may invite all Members to a new price negotiation for the vehicle in the following manner:
(1) Price offers from the new bidders are accepted by phone and email on a first-come-first-served basis, then
(2) Reception of price offers ends as soon as the seller accepts any of the offered prices
3. If the deal is settled through the After Bid Negotiation or the subsequent price negotiation set forth above, the buyer of the auctioned vehicle is treated as a successful bidder and his or her offered price is treated as a contract price.

Article 33 (Prohibited Acts)
Hanamaru prohibits the following acts at the Hanamaru Auction, and may impose a penalty for breach of contract as provided in the attached Annex on the Member who breaches or, is reasonably considered by Hanamaru to breach this article, and expel him or her from the Hanamaru Auction:
(1) Tendering a bid or winning a bid by misusing any name-lending.
(2) Lending ID and Password to others,
(3) Direct negotiations while bidding,
(4) Interference with the operation of the Hanamaru Auction such as putting an extremely high load on the Auction System.
(5) Any other acts which violate any laws, rules and regulations, and
(6) Searching for the information on a purchased vehicle from any other party than Hanamaru.

Article 34 (Settlement of Disputes)
Hanamaru makes its best effort to settle all claims and problems which occur at the Hanamaru Auction, and may arbitrate any dispute on a neutral and impartial ground or entrust a third party to settle the dispute.
2. All expenses incurred for the arbitration shall be imposed on the parties involved in the dispute according to the burden ratio set forth by Hanamaru or the entrusted third party.





Chapter 4 - Successful Bid



Article 35 (Sales Contract for Successfully Bidden Vehicle)
The sales contract for an auctioned vehicle shall be executed upon Hanamaru's email transmission of a notice of sales contract awarding to the successful bidder for the vehicle elected through the auction or subsequent price negotiation.
2. In the event that the successful bidder cancels the sales contract, Hanamaru may, on its sole discretion, transfer the right to purchase to the second highest price bidder.
3. Hanamaru does not accept any questions regarding contract prices.

Article 36 (Cancellation of Successfully Bidden Vehicle)
We are not accepting cancellation of your success bid for any reason after closed auction. Please make sure you are bidding right price and correct car when you bid on the Auction.

Article 37 (Payment after Successful Bid)
A successful bidder who received a notice of winning bid shall pay the exact invoiced amount through bank transfer to the account designated by Hanamaru within Three (3) working days from invoice date.
2. If the successful bidder fails to make the full payment by the due date set forth in the section above, he or she shall pay a late-payment penalty as provided in the attached Annex. If the payment remains unpaid by the successful bidder after a past due notice is delivered to him or her and none of his or her intention is indicated, then his or her successful bid is deemed to be cancelled and a penalty for cancellation in addition to the late-payment penalty accrued up to the deemed cancellation date is imposed on him or her as provided in the attached Annex.
3. The successful bidder who fails to pay the invoiced amount by the due date without indicating any intention shall forfeit a right to make a successful bid for any auctioned vehicle at the Hanamaru Auction held on and after the Seventh (7th) day from the invoice date.
4. Successful bidders shall pay for a bank transfer fee.
5. No checks nor notes are acceptable.
6. If you use services provided by Hanamaru, such as transport between domestic locations and shipping arrangements, you will be charged arrangement fee.

Article 38 (Transfer of Title)
Title to a vehicle purchased at the Hanamaru Auction is transferred from its seller to its purchaser (a Member who made the successful bid for the vehicle) upon receipt of payment for the vehicle in the bank account which Hanamaru designates. The responsibility for risk of loss of, or damage to the vehicle shall be transferred from the seller to the purchaser at the same time as title to the vehicle is transferred.
1. The Members are required to repair the vehicle to obtain certification from PUSPAKOM within ninety (90) days from receipt of invoice and transfer of ownership must be done at JPJ within fourteen (14) days after receipt of the original document for transfer of ownership. The member who is going to repair the vehicle purchased shall take photograph of the vehicle before final re-painting is made on the vehicle being repaired. At least, exterior from all four sides of vehicle, interior, instrumental panel, engine room, chassis number and engine number shall be taken by photograph and those photographs shall be sent to Hanamaru for the purpose of checking repair situation by Hanamaru. Purchaser of vehicle categorized as “WRECK” on the individual auction list will receive original documents of the vehicle purchased but is prohibited to resell the same vehicle before it is repaired.
2. In the event Hanamaru cancels transfer of the vehicle for its convenience after the “Pick Up Voucher” is issued to the purchaser, Hanamaru shall bear no liabilities except for pre-determined land transportation fee based on Hanamaru's tariff or actual expense spent by the purchaser.
3. In the event that the purchaser fails to pick up the vehicle within fourteen (14) days after the “Pick Up Voucher” is issued to the purchaser, it is deemed that the purchaser has waived its right to obtain the title of vehicle and Hanamaru may obtain its right of purchasing the vehicle. In such a case, the purchaser shall not have a right to claim for a refund of payment for the vehicle, or compensation for any damage arising out of loss of the title.
4. In the event that purchaser of the vehicle shall fail to conform to any of the provisions stipulated in the previous paragraph 1 of Article 38 such as period of transfer of ownership, prohibition of resell and so on, Hanamaru will re-categorize the related vehicle from “WRECK” to “SCRAP” at the discretion of Hanamaru and Hanamaru shall have a right to proceed de-registration of this vehicle at JPJ.
Purchaser of the vehicle shall notify to Hanamaru immediately after purchaser recognizes that the repair and transfer of ownership of the vehicle shall not be completed within the period and the manner provided in this article 38. Such notice shall be sent to Hanamaru before the end of the period for such procedure provided in this article 38.

Article 39 (Pick-up of Vehicle)
1. The purchaser shall pick up the vehicle in exchange for a Vehicle Pick-up Voucher issued by Hanamaru, after the purchaser makes the full payment for the vehicle to the Hanamaru designated bank account.
2. The purchaser is solely responsible for picking up and transporting the vehicle in compliance with the Road Traffic Law and other relevant laws, and Hanamaru is not responsible for any damage arising out of the removal and transportation. The purchaser shall transport the vehicle which is not registered as a used car, by means of a carrier car or towing car to avoid any trouble during transportation.
Please be aware that HANAMARU won’t take any responsibility in case of troubles generated during pick up between successful bidder, representatives or third parties.
All responsibility belongs to the successful bidder.
3. The purchaser shall inform Hanamaru or storage location of a date and time to pick up the vehicle at least two (2) day in advance.
4. If any representative from a transportation company picks up the vehicle on behalf of the purchaser, the purchaser shall send a notice by E-mail, to Hanamaru or storage location in advance to notify them of the representative's name and his or her company name.
5. Even in the case that such a representative picks up the vehicle on behalf of the purchaser, the purchaser shall have the representative take the Vehicle Pick-up Voucher or its copy with him or her, to exchange for the vehicle.
6. The purchaser shall instruct the representative to make a photocopy of his or her driver's license available to provide to Hanamaru.
7. In the event that the purchaser fails to pick up the vehicle within five (5) working days after the Pick up Voucher was issued for the vehicle (hereinafter referred to as "Successfully Bidden Vehicle Pick-up Period"), the purchaser shall pay to Hanamaru a penalty as provided in the attached Annex. 8. In the event that the purchaser fails to pick up the vehicle within the Successfully Bidden Vehicle Pick-up Period, the purchaser is not entitled to participate in any auction thereafter.
9. A vehicle which is not picked up within the Successfully Bidden Vehicle Pick-up Period with no contact from the purchaser is deemed to be cancelled, and Hanamaru may decide how to deal with the vehicle on its sole discretion. In that case, the purchaser shall pay to Hanamaru, without delay, a penalty for late pick-up up to the deemed cancellation date as well as penalty for cancellation as provided in the attached Annex, which are payable to the bank account designated by Hanamaru.

Article 40(Notice of Delay) The deposit fee of Ringgit Malaysia five hundred (500) will be forfeited by us and the membership granted to the respective Members. Additionally, this membership fee of Ringgit Malaysia five hundred (RM 500.00) is subject to any costs incurred in relation to the transaction of the refund by Hanamaru to the Members whereupon such costs incurred shall be borne entirely by the Members. Refer to Chapter 6 – Penalties / Annex

Article 40-2 (Retention of insured vehicle registration number)
Vehicle registration number may be retained by the insured if they wish. The successful bidder is required to check with the insured or HAT whether ownership of the vehicle can be transferred to the purchaser together with registration number or not before proceeding its ownership transfer.

In case, the insured intend to retain the vehicle registration number, the successful bidder or purchaser of the vehicle shall follow its intention and shall not have a right to claim any fund or compensation for non-transfer of the vehicle registration number.

Article 41 (Claims)
Successful bidders who always pay when due, and pick up their successfully bidden vehicles within the Successfully Bidden Vehicle Removal Period are allowed to make claims, excluding technical complaints about their vehicles, for which Hanamaru bears no responsibility.



Chapter 5 - Rules to Put up for Auction



Article 42 (Display for Auction)
The Members are allowed to put their items up for sale at the Hanamaru Auction by using the Auction System and uploading their items in a biddable form to the Hanamaru Auction website in compliance with the rules set forth by Hanamaru.

Article 43 (Criteria for Auction)
All items for sale at the Hanamaru Auction shall comply with all of the following criteria: Hanamaru may, on its sole discretion, reject or delete any vehicle for sale at auction which contains any serious damage, incomplete or improper repair.
(1) A seller is a Member who is entitled to sell at the Hanamaru Auction and capable of preparing all necessary documents to transfer the title to each item for sale,
(2) A vehicle to be auctioned is parked in a site in Malaysia and the person in charge of the parking site has agreed with its removal resulting from sale at auction,
(3) No items for sale at auction have any legal issue,
(4) No items for sale at auction contain any hazardous material to the human body,
(5) No items for sale at auction are disguised from any accident, defect, damage by disaster or submersion under water involved or suffered in the past, as if nothing occurred.
(6) Hanamaru judges a vehicle to be adequate for sale at auction from the result of assessment set forth in Article 44.

Article 44 (Assessment)
Any Member who wishes to put his or her vehicle up for sale at the Hanamaru Auction shall get the vehicle assessed by one of the following methods prior to the auction:
(1) The seller brings his or her vehicle to be auctioned at his or her own risk, to a storage facility designated by Hanamaru, in which Hanamaru makes an assessment of the vehicle,
(2) Hanamaru makes an assessment of a vehicle to be auctioned at the location which the seller designates and the vehicle is parked at, and
(3) Hanamaru transports a vehicle to be auctioned from the location designated by the seller, to a storage facility which Hanamaru manages, then makes an assessment of the vehicle.

Article 45 (Seller's Filing Requirements)
Each seller shall file and disclose, at his or her own risk, information about a vehicle for sale on the Hanamaru Auction website after giving a detailed checkup, inspection and confirmation of the vehicle, referring to the result of the assessment performed by Hanamaru.
2. In the event that the seller finds any incorrect information on the vehicle to be auctioned registered on the Hanamaru Auction website, the seller shall notify Hanamaru of the incorrect information immediately.
3. The seller shall provide Hanamaru with precise and truthful information on the condition, quality, defects, specifications, equipment/accessories and history of his or her registered vehicle without delay upon a request from Hanamaru. In the event that the seller does not reply to the Hanamaru's request, Hanamaru may delete the registered information of the seller's vehicle in question.
4. The seller shall assure that the registered information on the Hanamaru Auction website, which the seller filled and Hanamaru added based on the response from the seller is correct and true, and in the event that the seller violates this commitment and Hanamaru suffers any damage resulting from the violation, the seller shall compensate Hanamaru for the damage as provided in the Rules to Handle Claims regarding Registered Auctioned Vehicles attached hereto in addition to paying to Hanamaru a penalty as provided in the attached Annex.
5. The seller is solely responsible for all claims arising out of his or her inadequate filling of information and shall pay to Hanamaru a penalty as provided in the Rules to Handle Claims regarding Registered Auctioned Vehicles, attached hereto, and compensate the successful bidder of the seller's vehicle for the damage suffered by the successful bidder actually.
6. Hanamaru may, on its sole discretion, delete any registration which the seller filed without complying with these rules or any other registration which Hanamaru judges to be inappropriate.
7. The seller is not allowed to bid or make a successful bid, or have any other Member to bid or make a successful bid for the vehicle which the seller put up for sale at the Hanamaru Auction.
8. In the event that any untrue filling by the seller causes damage to Hanamaru, any other Members, and their customers, regardless of whether the filling is made intentionally or by negligence, the seller is liable for compensation for all damages suffered by all parties involved.

Article 46 (Sales Contract for Auctioned Vehicle)
A sales contract is deemed to execute when a successful bidder is elected through auction or subsequent negotiations.

Article 47 (Payment for Successfully Bidden Vehicle)
Hanamaru shall pay the seller the vehicle two days after the buyer pays for the vehicle and picks up the car from the yard.

Article 48 (Cancellation of Auctioned Item after Execution of Sales Contract)
  Any seller who wishes to cancel his or her item which has been sold at the Hanamaru Auction, shall pay Hanamaru a penalty as provided in the attached Annex after notifying Hanamaru of his or her intention to cancel no later than 5:00 p.m. on the next working day of its successful bid.

Article 49 (Reissuance of Documents for Title Transfer)
In the event that a successful bidder requests a seller via Hanamaru to reissue documents necessary for title transfer (including any alternative documents to documents for deregistration) due to such reasons as loss and theft, the seller shall accept the request and reissue the documents. In such a case, the successful bidder shall pay to Hanamaru a penalty as provided in the attached Annex and pay to the seller a handling charge of the same amount as the penalty.

Article 50 (Leftover Items)
When a successfully bidden vehicle is delivered to its successful bidder, if there are any goods or items left in the vehicle, the seller shall waive the right of their ownership and shall not make any claim no matter how the successful bidder may treat them including disposal.
In the event that the successful bidder suffers any damage caused by any goods or items which the seller left or loaded in the vehicle at the time of delivery of the vehicle, the seller shall be liable for compensation for the damage and a handling charge which Hanamaru judges to be reasonable.

Article 51 (Claims against Auctioned Vehicle)
In the event that Hanamaru receives a claim against an auctioned vehicle which Hanamaru considers serious or applicable to any of the following cases, Hanamaru may cancel the bid or lower the price for the vehicle after notifying the seller of the claim.
All expenses incurred in conjunction with the cancellation or price reduction will be charged to the seller.
6. Hanamaru may, on its sole discretion, delete any registration which the seller filed without complying with these rules or any other registration which Hanamaru judges to be inappropriate.
7. The seller is not allowed to bid or make a successful bid, or have any other Member to bid or make a successful bid for the vehicle which the seller put up for sale at the Hanamaru Auction.
8. In the event that any untrue filling by the seller causes damage to Hanamaru, any other Members, and their customers, regardless of whether the filling is made intentionally or by negligence, the seller is liable for compensation for all damages suffered by all parties involved.

Article 46 (Sales Contract for Auctioned Vehicle)
A sales contract is deemed to execute when a successful bidder is elected through auction or subsequent negotiations.

Article 47 (Payment for Successfully Bidden Vehicle)
Hanamaru shall pay the seller the vehicle two days after the buyer pays for the vehicle and picks up the car from the yard.

Article 48 (Cancellation of Auctioned Item after Execution of Sales Contract)
  Any seller who wishes to cancel his or her item which has been sold at the Hanamaru Auction, shall pay Hanamaru a penalty as provided in the attached Annex after notifying Hanamaru of his or her intention to cancel no later than 5:00 p.m. on the next working day of its successful bid.

Article 49 (Reissuance of Documents for Title Transfer)
In the event that a successful bidder requests a seller via Hanamaru to reissue documents necessary for title transfer (including any alternative documents to documents for deregistration) due to such reasons as loss and theft, the seller shall accept the request and reissue the documents. In such a case, the successful bidder shall pay to Hanamaru a penalty as provided in the attached Annex and pay to the seller a handling charge of the same amount as the penalty.

Article 50 (Leftover Items)
When a successfully bidden vehicle is delivered to its successful bidder, if there are any goods or items left in the vehicle, the seller shall waive the right of their ownership and shall not make any claim no matter how the successful bidder may treat them including disposal.
In the event that the successful bidder suffers any damage caused by any goods or items which the seller left or loaded in the vehicle at the time of delivery of the vehicle, the seller shall be liable for compensation for the damage and a handling charge which Hanamaru judges to be reasonable.

Article 51 (Claims against Auctioned Vehicle)
In the event that Hanamaru receives a claim against an auctioned vehicle which Hanamaru considers serious or applicable to any of the following cases, Hanamaru may cancel the bid or lower the price for the vehicle after notifying the seller of the claim.
All expenses incurred in conjunction with the cancellation or price reduction will be charged to the seller.


Chapter 6 – Penalties

END




Annex to the Rules of Hanamaru Auction

1.Pick-Up Delay Penalty Condition Penalty
Purchased Vehicle From Five (5) working days after receipt of the “Pick Up Voucher” by Hanamaru. Ringgit Malaysia
Fifty (50) / day

2.Payment Delay Penalty Condition Penalty
Payment Payment is not confirmed within Three (3) working days from the date of invoice issued. Ringgit Malaysia
One hundred (100) / day

3.Cancellation Penalty Condition Penalty
Cancel of Purchased Vehicles Payment is not confirmed within Seven (7) working days from the date of invoice issued.
The purchased vehicle will be cancelled. Ringgit Malaysia
Five hundred(500) / unit

4.Repair and Transfer of Ownership Condition Penalty
Documentation
(Except SCRAP Vehicle) The purchased vehicle is not repaired and certified by PUSPAKOM within ninety (90) days.
The purchased vehicle is not transferred ownership at JPJ within Fourteen (14) days after receipt of the transfer ownership documents. Ringgit Malaysia
Five hundred(500) / unit