Carro Terms of Use:
Carro Services
We are in the business of operating one-stop centre where you can:-
(a) sell Your Used Vehicle to Us or Our Partner Buyers;
(b) purchase Your New Vehicle from Us, book and arrange a test drive, and apply for financing and/or insurance for Your New Vehicle through Our Partner Financiers and/or Partner Insurers, with services are made available partly and/or wholly via the Platform; and/or
(c) purchase Your As-Is Vehicle from Us, book and arrange a test drive, and apply for financing and/or insurance for Your As-Is Vehicle through Our Partner Financiers and/or Partner Insurers, with services made available partly and/or wholly via the Platform.
These Carro Services T&C set out the terms and conditions that govern Our Carro Services. The Carro Services T&C comprise the following:-
- Part A : T&C governing your personal data;
- Part B1 : T&C governing your sale of Your Used Vehicle to Us;
- Part B2 : T&C governing your sale of Your Used Vehicle to Our Partner Buyers;
- Part B3 : General T&C governing your sale of Your Used Vehicle;
- Part C1 : T&C governing your purchase of Your New Vehicle from Us;
- Part C2 : T&C governing your purchase of Your As-Is Vehicle from Us;
- Part C3 : General T&C governing your purchase of Your New Vehicle or Your As-Is Vehicle from Us, test drive, your application for financing and/or insurance with Our Partner Financiers and Partner Insurers; and
- Part D : Definitions.
Please read these Carro Services T&C carefully as they affect your rights and liabilities when opting for Carro Services. Your unequivocal acceptance is indicated by selecting the applicable parts of these Carro Services T&C. These Carro Services T&C shall be read together with all other documents presented to and/or executed by you.
Note: You are entering into a legally binding agreement.
PART A : YOUR PERSONAL DATA
YOUR PERSONAL DATA
You agree to comply with all data protection provisions including, without limitation, the Personal Data Protection Act 2010, its subsidiary legislation and any other applicable legislation relating to data protection. In this regard, you consent to the processing of your personal data (as defined in the Personal Data Protection Act 2010) by Us in accordance with the provisions of the Privacy Notice https://carro.co/my/en/terms#privacy-notice and for such purposes as may be necessary for the provision of Carro Services or as may be stipulated in these Carro Services T&C and the Privacy Notice. We reserves the right to modify, update and/or amend the Privacy Notice at any time. It shall be your responsibility to monitor for such modification, updates and/or amendments. Your use and continued use of the Carro Services following the modification, updates and/or amendments will constitute your unequivocal acceptance thereof.
CREDIT CHECKS
You authorize and give full consent to Us to conduct credit check, trade check and/or other check(s) on you and/or Your Used Vehicle as We deem fit, including, but not limited to, checking with registered credit bureau and/or any reporting agency(ies) under the Credit Reporting Agencies Act 2010 for the purpose of assessing your creditworthiness (such as CTOS Data Systems Sdn. Bhd., Central Credit Reference Information System, Experian Information Services (Malaysia) Sdn. Bhd. and Financial Information Services Sdn. Bhd.). This authorization extends at any time while you have a relationship with Us or while any dues remain unpaid and outstanding with Us. You agree to execute all necessary consent forms and/or to provide any additional documents for such credit checks. You understand and agree that any information given by you, including personal data collected or held by Us (whether obtained through the Platform, your previous or current transactions with Us or otherwise obtained) may be processed, held, used and/or disclosed to any relevant credit bureau, reporting agency and/or credit checking officer as We deem necessary, particularly in the event of any non-compliance on your part, without any liability and prior notice to you.
PART B : SELLING YOUR USED VEHICLE
You expressly authorize the sale of Your Used Vehicle to:-
(a) Us; or
(b) one of Our Partner Buyers via a bidding system on the Platform.
PART B1 : SELLING YOUR USED VEHICLE TO US
1. In-House Inspection and Mobile Inspection
We shall conduct a physical inspection of Your Used Vehicle, collecting details and photographs of Your Used Vehicle and the Transaction Documents at:-
1.1. any of Our RX-2 during Our operating hours; or
1.2. subject to Our availability and your prior appointment with Our dedicated staff, at your selected location in Malaysia.
You agree that the inspection of Your Used Vehicle is based solely on visual and external checks of Your Used Vehicle and is limited to the parts and/or items identified on the inspection report. We shall not be held liable or responsible for any latent defects subsequently discovered.
We do not provide any implied or express warranty regarding the nature, reliability, accuracy or completeness of any information contained in the inspection report or its fitness of the information for any intended purpose, except those warranties which are implied by and incapable of exclusion, restriction and/or modification under the laws applicable to these Carro Services T&C. You agree to rely on the inspection report at your own risk and judgment.
We shall not be obliged to check for any manufacturer recall notices and the obligation is on you to check that Your Used Vehicle is not subject to a recall notice.
We shall also not be responsible for verifying the accuracy of the vehicle mileage indicated by Your Used Vehicle's odometer.
2. Offer
Following the inspection and Our satisfaction with the condition of Your Used Vehicle, We shall present you with an Offer, including an Offer Price.
3. Acceptance
You shall place your Acceptance to Our Offer within twenty-four (24) hours from the date of the Offer, failing which, you shall be deemed to have rejected Our Offer.
4. Delivery and Completion of Sale
4.1. Subject to Our availability and your prior appointment with Our dedicated staff, you shall arrange for delivery of Your Used Vehicle and Transaction Documents to Us within five (5) days of your Acceptance at one of Our RX-2. Alternatively, we may arrange for collection at any location in Malaysia mutually agreed upon by Our dedicated staff and you.
4.2. Your Used Vehicle shall be subject to a further inspection to verify its conditions since the initial inspection.
4.3. If We are satisfied with the condition of Your Used Vehicle and that:-
4.3.1. Your Used Vehicle is subject to any facility or hire purchase with a third party (including a financial institution), We shall be entitled to arrange for the settlement of the Outstanding Amount, and you shall provide or procure a redemption letter and/or a settlement letter from such third party (including a financial institution) to evidence such settlement. The Outstanding Amount settled shall be set off against the Offer Price. You shall provide or procure the third party (including a financial institution) to issue Us with a settlement letter of the facility/hire purchase upon Our full settlement thereof.
(a) If any portion of the Offer Price remains after setting off the Outstanding Amount (and any Deposit in accordance with Item 3 Part C1 or Item 3 Part C2 of these Carro Services T&C, if applicable), We shall remit such remaining part of the Offer Price to you within twenty-four (24) hours upon your delivery of physical possession of Your Used Vehicle and the Transaction Documents to Us.
(b) If the Offer Price is insufficient to set off the Outstanding Amount, you shall first settle such difference before We remit the Offer Price to the relevant party (including financial institution). Thereafter, you shall immediately deliver physical possession of Your Used Vehicle and the Transaction Documents to Us.
4.3.2. Your Used Vehicle is unencumbered, you shall immediately deliver physical possession of Your Used Vehicle and the Transaction Documents to Us. We will then remit the Offer Price (after setting off any Deposit in accordance with Item 3 Part C1 or Item 3 Part C2 of these Carro Services T&C, if applicable), to you within twenty-four (24) hours of such delivery.
4.3.3. If We are not satisfied with the condition of Your Used Vehicle (due to factors including, but not limited to, Your Used Vehicle having been involved in a major accident, fire, frame damage, mileage tempering, odometer fraud and/or has been declared total loss or beyond economic repair (BER), undisclosed flood damage or any other material adverse condition), We shall be entitled to terminate the Offer and your Acceptance with immediate effect. We shall not have any liability towards you under any circumstances and you shall have no claims against Carro for the cancellation of the sale of Your Used Vehicle.
PART B2 : SELLING YOUR USED VEHICLE TO OUR PARTNER BUYERS
1. Relationship
1.1 We will facilitate the sale between you and Our Partner Buyers by listing Your Used Vehicle on the Platform. You shall be the seller of Your Used Vehicle, and Our Partner Buyers shall be the purchasers thereof, not Us. We will promote and market Your Used Vehicle to Our Partner Buyers to help you achieve a competitive price. You are free to continue to use Your Used Vehicle until a successful bid is accepted by you.
1.2 For the avoidance of doubt, We do not guarantee that Your Used Vehicle entering a Bidding Event will result in its sale at your desired selling price, nor can We guarantee the time it will take for Your Used Vehicle to be sold.
1.3 You agree to appoint Us (and any other individual, employees, officers, sub-contractors and/or agents as We may duly appoint as Our representatives) to act as your facilitator for the sale of Your Used Vehicle.
1.4 You irrevocably agree and undertake that you will not collude with any of Our Partner Buyers or purchaser to complete a transaction independently and separately in order to circumvent such Partner Buyers' or purchasers' obligation to pay any fee to Us, and that you are obliged to report to Us in a timely manner if any such attempt is made known to you, failing which, We reserve the right to report you to the relevant authorities, initiate legal action against you, and bar you from engaging Carro Services, whether at present or in the future.
2. Bidding Related Services Provided By Us & Fee (if any)
We provide the following services:-
2.1 acting as your facilitator for the sale of Your Used Vehicle;
2.2 conducting a preliminary physical inspection on Your Used Vehicle and collecting details and photographs of Your Used Vehicle and the Transaction Documents at:-
2.2.1 any of Our RX-2 during Our operating hours; or
2.2.2 subject to Our availability and your prior appointment with Our dedicated staff, at your selected location in Malaysia;
2.3 advising you on the recommended listing and/or sale price of Your Used Vehicle;
2.4 attending to the listing of Your Used Vehicle on the Platform and communicating the details of Your Used Vehicle to Our Partner Buyers;
2.5 conducting a Bidding Event in an attempt to obtain a competitive Offer Price for Your Used Vehicle;
2.6 communicating to you the bid price; and
2.7 facilitating the ownership transfer process of Your Used Vehicle (in which you undertake to do everything necessary to procure the transfer of Your Used Vehicle's ownership) and remitting payment to you upon the satisfaction of the following conditions:
2.7.1 Our receipt of the purchase price (the final bid price accepted by you) from Our Partner Buyers or purchasers; and
2.7.2 your delivery of the physical possession of Your Used Vehicle and the Transaction Documents to Us.
Subject to the completion of the sale and purchase of Your Used Vehicle and in consideration of the Bidding Related Services above, We shall be entitled to charge a fee disclosed to you prior to the provision of the Bidding Related Services.
3. Bidding of Your Used Vehicle & Acceptance
3.1 You expressly authorize Us to list Your Used Vehicle on the Platform for the Bidding Event without further reference to you. The starting bid price for Your Used Vehicle shall be an amount recommended by Us, taking into account the market value of Your Used Vehicle prior to the Bidding Event.
3.2 You shall indicate your Acceptance of any bid within twenty-four (24) hours (or such other period as We may determine at Our sole discretion) following the closing of the Bidding Event, failing which, you shall be deemed to have rejected all bids. Upon your Acceptance of the bid, you are obliged to sell Your Used Vehicle to the successful bidder.
3.3 The price at which Acceptance occurs shall be known as "Acceptance Price".
4. Delivery and Completion of Sale
4.1. Subject to Our availability and your prior appointment with Our dedicated staff, you shall arrange for delivery of Your Used Vehicle and Transaction Documents to Us within five (5) days from your Acceptance date at one of Our RX-2. Alternatively, We may arrange for collection at a location in Malaysia mutually agreed upon by Our dedicated staff and you.
4.2. Your Used Vehicle shall be subject to a further inspection to verify its conditions since the initial inspection.
4.3. If We are satisfied with the condition of Your Used Vehicle and that:-
4.3.1. Your Used Vehicle is subject to any facility or hire purchase with a third party (including a financial institution), We shall be entitled to arrange for the settlement of the Outstanding Amount, and you shall provide or procure a redemption letter and/or a settlement letter from such third party (including the financial institution) to evidence such settlement. The Outstanding Amount settled shall be set off against the Acceptance Price. You shall further provide or procure the third party (including a financial institution) to issue Us with a settlement letter of the facility/hire purchase upon Our full settlement thereof.
(a) If any portion of the Acceptance Price remains after setting off the Outstanding Amount (and any Deposit in accordance with Item 3 Part C1 or Item 3 Part C2 of these Carro Services T&C, if applicable), We shall remit such remaining part of the Acceptance Price to you within twenty-four (24) hours upon your delivery of physical possession of Your Used Vehicle and the Transaction Documents to Us, provided that the full purchase price has been received by Us from Our Partner Buyers or purchasers.
(b) If the Acceptance Price is insufficient to set off the Outstanding Amount, you shall first settle such difference before We remit the Acceptance Price to the relevant third party (including financial institution). Thereafter, you shall immediately deliver physical possession of Your Used Vehicle and the Transaction Documents to Us.
4.3.2. If your Used Vehicle is unencumbered, you shall immediately deliver physical possession of Your Used Vehicle and the Transaction Documents to Us. We will then remit the Acceptance Price (after setting off any Deposit in accordance with Item 3 Part C1 or Item 3 Part C2 of these Carro Services T&C, if applicable) to you within twenty-four (24) hours of such delivery, provided that the full purchase price has been received by Us from Our Partner Buyers or purchasers.
4.3.3. If We are not satisfied with the condition of Your Used Vehicle (due to the factors including, but not limited to, Your Used Vehicle has been involved in a major accident, fire, frame damage, mileage tempering, odometer fraud and/or has been declared total loss or beyond economic repair (BER), or undisclosed flood damage or any other material adverse condition), We, on behalf of Our Partner Buyers, shall be entitled to:-
(a) terminate the Offer and your Acceptance with immediate effect. We shall not have any liability towards you under any circumstances, and you shall not have any claims against Us for the cancellation of the sale of Your Used Vehicle; or
(b) make a fresh Offer, upon which these Carro Services T&C shall apply.
PART B3 : GENERAL TERMS ON SELLING YOUR USED VEHICLE
1. Use of Your Used Vehicle Pending Delivery and Completion of Sale
If for any reason We and/or Our Partner Buyers have remitted any amount to a third party (including a financial institution with whom Your Used Vehicle is under a hire purchase arrangement) but have yet to take physical possession of Your Used Vehicle or the transfer of ownership of Your Used Vehicle to Us has yet to take effect, you acknowledge and agree to the following:-
1.1 ownership of Your Used Vehicle rests with Us or Our Partner Buyers, and you are holding Your Used Vehicle on trust for Us or Our Partner Buyers;
1.2 until We have taken physical possession and ownership of Your Used Vehicle, you shall not use Your Used Vehicle any further, except to facilitate delivery of physical possession to Us, nor shall you deal with Your Used Vehicle any further, except to facilitate transfer of ownership to Us or Our Partner Buyers; and
1.3 if the condition of Your Used Vehicle changes or is altered in any manner since Our last inspection, We or Our Partner Buyers shall be entitled to terminate the transaction without further liability to you and shall be entitled to recover from you all sums paid towards the purchase of Your Used Vehicle from you.
2. Your Warranties
2.1 In consideration of the foregoing, you represent and warrant to Us that:-
2.1.1 you are the rightful, registered, legal and beneficial owner of Your Used Vehicle and have the absolute power, right and authority to enter into the arrangements contemplated herein, and your entry into these Carro Services T&C and/or the sale of Your Used Vehicle will not breach any agreement, provision or covenant with any third party;
2.1.2 except as notified by you prior to your Acceptance, Your Used Vehicle is free and clear of all liens, loans and encumbrances;
2.1.3 Your Used Vehicle is not stolen goods, was not obtained fraudulently, has not been used in any illegal activities, involved in any crime, or installed with any illegal parts and/or accessories thereon;
2.1.4 the chassis number, engine number, mileage or odometer of Your Used Vehicle has not been tampered with;
2.1.5 Your Used Vehicle has not undergone any engine replacement or modification without endorsement from the appropriate authorities and in contravention of any applicable laws, directives, instructions, guidelines, procedures, codes, regulations, standard operating procedures (SOP), policies, standards, or rules of any regulatory bodies, authorities, government, court, tribunal or other judicial authority;
2.1.6 Your Used Vehicle is free from any summons, fines, penalties or outstanding parking fees, and We shall not be held responsible or liable for any summons, fines, penalties or outstanding parking fees incurred prior to or at the time of sale of Your Used Vehicle to Us, Our Partner Buyers or purchaser. You shall indemnify and hold Carro harmless in full from and against any and all claim, demand, liability, damage, loss, costs (including legal costs), or expense suffered or incurred by Carro arising out of such summons, fines, penalties, or outstanding parking fees;
2.1.7 Your Used Vehicle is free from any lawsuits, claims, injunctions, investigations, proceedings, legal or any regulatory actions. You shall indemnify and hold Us harmless in full from and against any and all claim, demand, liability, damage, loss, cost (including legal costs), or expense suffered or incurred by Carro arising out of such lawsuits, claims, injunctions, investigations, proceedings, legal, or any regulatory actions;
2.1.8 Your Used Vehicle is roadworthy, fully serviced and comply with all requirements of the Road Transport Department of Malaysia;
2.1.9 you shall promptly inform and disclose to Us any defectiveness and/or condition relating to Your Used Vehicle that is known or should reasonably have been known to you at any time prior to, during, or after the Offer or Bidding Event, and shall continue to keep Us informed of the condition of Your Used Vehicle at all time until Your Used Vehicle is successfully sold and delivered to Our possession. For the avoidance of doubt, "defectiveness" shall include but not limited to major accident, flood, fire, frame damage, total loss, replacement of engine, cut and joint, modification, engine drivetrain, transmission, other major mechanical or electric parts that do not operate (including problems with steering, clutch, suspension or brakes), and "condition" includes, but is not limited to, all information regarding the ownership, history, accident record, financing, or insurance particulars of Your Used Vehicle;
2.1.10 the condition of Your Used Vehicle on the date We receive or take physical possession of Your Used Vehicle is the same as the condition of Your Used Vehicle during the inspection of Your Used vehicle or at the time of publication of the inspection report;
2.1.11 the Transaction Documents and any other documents related to Your Used Vehicle are complete, up-to-date and genuine;
2.1.12 if Your Used Vehicle is subject to any outstanding facility or hire purchase amount with a third party (including a financial institution), whether presently or previously, you shall procure or cause thee-batal slip to be furnished to the relevant authorities;
2.1.13 you have obtained and will continue to maintain all related documentation, insurance, permits or licenses required for Your Used Vehicle, including, but not limited to, those obtained from authorized government officials or pursuant to such applicable laws and requirements, and you shall submit copies of such permits or licenses to Us, where required; and
2.1.14 all information provided by you to Us is true, up-to-date and accurate; and
2.1.15 in relation to Your Used Vehicle's condition, Your Used Vehicle:
(i) has not been affected by fire and/or frame damage;
(ii) has not been involved in major accident;
(iii) has not been involved in a vehicle cloning activity;
(iv) has not been declared as a total loss or BER;
(v) has not been a "cut and join" (kereta potong) or blacklisted by any government authority;
(vi) is not a used government official vehicle; and/or
(vii) has a visible chassis or engine number.
2.1.16 all material conditions of Your Used Vehicle, including, but not limited to any past involvement in a major accident or flood, have been fully and accurately disclosed to Us prior to the Acceptance;
2.1.17 should you wish to retain your Used Vehicles' number plate ("Interchange"), you shall promptly and without delay promptly do all acts and execute all documents whenever requested by Us and the relevant authorities to give effect to the Interchange;
2.1.18 should Your Used Vehicle be an E-hailing vehicle, you shall, prior to selling Your Used Vehicle to Us or Our Partner Buyers, and at your own cost and expense:
(i) revert Your Used Vehicle status back to Private – Individual; and
(ii) complete the necessary inspections and biometric fingerprint authentication with the relevant authorities;
You shall indemnify and hold Us harmless in full from and against any and all claim, demand, damage, expense, loss, liability and/or costs (including legal costs) suffered or incurred by Us as a result of your failure, refusal or delay in complying with the aforesaid obligations.
2.2 If any of Your Warranties (save for Item 2.1.7 of Part B3 of these Carro Services T&C) at any time be found to have been untrue, incorrect, misleading or inaccurate in any respect, then, notwithstanding anything to the contrary herein contained and without prejudice to any of Our other rights and remedies stated herein or under the laws (including institution of legal proceedings against you), We shall have the right to terminate the entire sale transaction of Your Used Vehicle, remove the listing of Your Used Vehicle from the Platform and/or terminate these Carro Services T&C with you. In such event, We shall be entitled to demand a refund from you of the full purchase price remitted by Us, and in exchange, We will return to you the physical possession of Your Used Vehicle and the Transaction Documents delivered and deposited by you to Us.
2.3 If your warranty referred to in Item 2.1.7 of Part B3 of these Carro Services T&C at any time be found to have been untrue, incorrect, misleading or inaccurate in any respect, then, notwithstanding anything to the contrary herein contained and without prejudice to any of Our other rights and remedies stated herein or under the laws (including institution of legal proceedings against you), We shall have the right to terminate the entire sale transaction of Your Used Vehicle, remove the listing of Your Used Vehicle from the Platform or terminate these Carro Services T&C with you. In such event, We shall be entitled to demand a refund from you of the full purchase price remitted by Us. In the event Your Used Vehicle is under the custody of relevant authorities or is transferred into the custody of the relevant authorities, you acknowledge that We are unable to return to you the physical possession, ownership and the Transaction Documents of Your Used Vehicle delivered and deposited by you to Us. Therefore, you acknowledge that We shall not be obliged to return to you the physical possession, ownership and the Transaction Documents of Your Used Vehicle delivered and deposited by you to Us.
2.4 We reserve the right to report you to the relevant authorities if We have proof or reasonably believe that you have engaged in fraudulent or illegal practice and/or activities with regard to Your Used Vehicle, or have undertaken any activities harmful and/or prejudicial to Us during the course of Carro Services.
2.5 If Your Used Vehicle is a e-hailing registered vehicle, you shall, at your own costs and expenses, observe the following procedures to change the classification of Your Used Vehicle:
2.5.1 contact the relevant e-hailing company to request Agensi Pengangkutan Awam Darat (APAD) for the cancellation of e-Hailing Vehicle Permit (EVP);
2.5.2 ensure Your Used Vehicle undergoes B2 and B3 inspection at PUSPAKOM, and complete the ownership transfer and "Tukar Kelas"; and
2.5.3 perform a biometric fingerprint authentication at the nearest JPJ branch.
3. Non-Registration
3.1 In the event the legal ownership of Your Used Vehicle cannot be transferred for any reason whatsoever, We shall be entitled to take any or all of the following actions:-
3.1.1 to demand a refund from you to Us/Our Partner Buyers of the full purchase price remitted by Us/Our Partner Buyers to you and/or such third party for the purpose of purchasing Your Used Vehicle;
3.1.2 to demand payment from you to Us/Our Partner Buyers for any amount deemed necessary by Us and/or perform any action deemed necessary by Us to facilitate the registration and/or the transfer of your Used Vehicle;
3.1.3 in exchange, and provided that your Used Vehicle is not under the custody of relevant authorities or is transferred into the custody of the relevant authorities, We will return to you the physical possession of Your Used Vehicle and the Transaction Documents delivered and deposited by you to Us/Our Partner Buyers. In the event Your Used Vehicle is under the custody of relevant authorities or is transferred into the custody of the relevant authorities, you acknowledge that We are in no position to return to you the physical possession, ownership and the Transaction Documents of Your Used Vehicle delivered and deposited by you to Us. Therefore, you acknowledge that We shall not be obliged to return to you the physical possession, ownership and the Transaction Documents of Your Used Vehicle delivered and deposited by you to Us. Further, you shall not have any claims against Us for the cancellation of the sale of Your Used Vehicle.
4. Other Services
If you require any of Our authorised employee, representative and/or agent to drive Your Used Vehicle as part of the provision of Our Carro Services to facilitate the sale of Your Used Vehicle, you shall authorize and nominate such person to be a driver. You agree that, save for warranties implied by and incapable of exclusion, restriction, or modification under the laws applicable to these Carro Services T&C, neither We nor such authorized person shall be liable for any loss or damage to Your Used Vehicle and any other losses, damages, costs or expenses whatsoever and howsoever caused (including, without limitation, the loss of no-claim bonus in respect of Your Used Vehicle's insurance) unless caused by Our gross negligence, fraud or wilful default. You further agree and acknowledge that, save for warranties implied by and incapable of exclusion, restriction, or modification under the laws applicable to these Carro Services T&C, We and Our employees, representatives and/or agents shall have no responsibility for risk or liability arising from bodily injury, death or property damage due to the negligence of a third party while providing the Carro Services. However, We do not exclude liability for death or personal injury caused by Our gross negligence, fraud or wilful default or any other liability that cannot be excluded or limited by laws applicable to these Carro Services T&C. None of your statutory rights are affected.
PART C : BUYING YOUR NEW VEHICLE OR YOUR AS-IS VEHICLE
If you wish to buy Your New Vehicle or Your As-Is Vehicle from Us via the Platform, you may opt to:-
(a) apply for financing for the purchase via one of Our Partner Financiers; and/or
(b) apply and purchase vehicle insurance via Partner Insurers.
PART C1 : BUYING YOUR NEW VEHICLE FROM US
1. Offer to Purchase Your New Vehicle and Booking Fee
1.1 You shall indicate your Offer to Purchase by selecting Your New Vehicle via the Platform and submitting the requisite information and documents as indicated on the Platform and as We may request from time to time. By placing an Offer to Purchase, you represent and warrant that you have read, understood and accepted the Report published on the Platform accompanying Your New Vehicle. Your further acknowledge that your Offer to Purchase is based on the condition of Your New Vehicle as stated in the Report.
1.2 Upon Our receipt of your Offer to Purchase, you will be provided with a written statement complying with Part I & II Second Schedule Hire-Purchase Act 1967, or a sales order, which shall detail, among other things, your financial obligations pursuant to the Offer to Purchase.
1.3 You shall thereafter make payment of the Booking Fee as indicated on the Platform.
1.4 Your Offer to Purchase shall be deemed accepted only upon Our receipt of the Booking Fee for Your New Vehicle and Our issuance of a receipt acknowledging such receipt.
1.5 Your Offer to Purchase is not transferable.
2. Cancellation of Offer to Purchase
2.1 You are entitled to cancel your Offer to Purchase at any time prior to the payment of the Deposit by providing Us with written notice and you shall not have any claims against Us for such cancellation.
2.2 Upon Our receipt of your written cancellation, We will refund the Booking Fee to you. We reserve the right and shall be entitled (but not obligated) to make Your New Vehicle available to another potential buyer as We deem fit.
3. Payment of Deposit
The Deposit for Your New Vehicle shall be paid as follows, subject to the set-off provisions in Item 4.3 Part B1 or Item 4.3 Part B2:
3.1 In the event you are purchasing Your New Vehicle by cash, you shall pay the Deposit of Your New Vehicle within four (4) days from the payment date of the Booking Fee.
3.2 In the event you are purchasing Your New Vehicle by way of financing, you shall pay the Deposit of Your New Vehicle upon execution of the facility or financing agreement which shall be within four (4) days from the payment date of the Booking Fee.
4. 4-Day Booking Policy
4.1 Upon your payment of the Booking Fee, being not more than one percent (1%) of the purchase price of Your New Vehicle to Us, We shall reserve Your New Vehicle for four (4) days only, commencing from the date of Our receipt of your Booking Fee.
4.2 If you are unable to pay the Deposit within four (4) days from the payment date of the Booking Fee, you shall be deemed to have cancelled your Offer to Purchase. We reserve the right and shall be entitled (but not obligated) to make Your New Vehicle available to another potential buyer as We deem fit.
4.3 We may (but not obligated to) source for the next option available for you ("Next Option"). You shall not be obligated to accept the Next Option. If you refuse the Next Option, We shall refund to you the Booking Fee.
5. Delivery and Completion of Purchase
5.1 Upon Our receipt of the Deposit, the balance purchase price and any other fee payable by you to Us, We shall, on the Delivery Date, ensure that:-
5.1.1 We deliver Your New Vehicle to you;
5.1.2 We execute or provide you with the Transaction Documents relating to transfer of ownership of Your New Vehicle in your favour;
5.1.3 the ownership of Your New Vehicle is duly registered in your name; and
5.1.4 We deliver to you or your financier, as the case may be, the car grant or the vehicle ownership certificate of Your New Vehicle.
5.2 At your choice, physical possession of Your New Vehicle shall be delivered to you at:-
5.2.1 one of Our RX-2; or
5.2.2 your selected location in Malaysia, provided that We shall be entitled to charge a fee in the event your selected location is outside Our Delivery Area. The applicable fee shall be notified to you prior to the delivery and shall be paid to Us before We deliver Your New Vehicle to you.
5.3 You shall sign a Delivery Order upon acceptance of the physical possession of Your New Vehicle, which shall indicate, amongst other things, the mileage of Your New Vehicle. You acknowledge that the risk of damage to and/or loss of Your New Vehicle shall pass or be transferred to you upon the signing off of the Delivery Order.
5.4 You acknowledge and agree that:-
5.4.1 the purchase of Your New Vehicle is on an "as-is" and "willing buyer willing seller" basis;
5.4.2 the Report is solely informational and strictly limited to the scope stated therein, and shall not be relied upon as definite assessment of Your New Vehicle;
5.4.3 you shall have conducted your own due diligence on Your New Vehicle prior to the expiry of the 5-Day Period and have satisfied yourself of the condition and status of Your New Vehicle;
5.4.4 any knowledge about the status and condition of Your New Vehicle by Us is as stated in the Report only, and you shall be responsible for satisfying yourself on any other matters not expressly stated therein; and
5.4.5 you shall be deemed to be irrevocably satisfied with the condition and status of Your New Vehicle upon expiry of the 5-Day Period.
6. 5-Day Test to Own & Return of Your New Vehicle
6.1 You shall be entitled to change your mind and sell back Your New Vehicle to Us within the 5-Day Period, provided the following circumstances are met:-
6.1.1 you notify Us of your decision not later than the last business day prior to the expiry of the 5-Day Period and Your New Vehicle is delivered to Us prior to the expiry of Our business hours on the 5th day. For the avoidance of doubt, the 5-Day Period shall expire at Our closing business hours on the 5th day;
6.1.2 Your New Vehicle shall not have been driven for more than 300 kilometres on the date of refund (calculated from the date of delivery);
6.1.3 Your New Vehicle is free from any damage, destruction (fair wear and tear excepted), illegal installations, mileage tempering, odometer fraud and/or shall not have been declared BER or total loss, "cut and join", or been involved in any minor or major accident, flood, fire, frame damage and shall remain roadworthy;
6.1.4 Your New Vehicle is free from any summons, fines, penalties, lawsuits, claims, investigations, proceedings, legal and/or regulatory actions, outstanding parking fees and/or shall not have been blacklisted. You shall indemnify and hold Carro harmless in full from and against any and all claims, demands, liabilities, damages, losses, costs (including legal costs), and/or expense suffered or incurred by Carro arising out of such summons, fines, penalties, lawsuits, claims, investigations, proceedings, legal and/or regulatory actions, outstanding parking fees and/or blacklisting;
6.1.5 you have not sold, encumbered or granted any right or interest whatsoever over Your New Vehicle to any third party; and
6.1.6 the petrol tank shall contain substantially the same amount of petrol as when Your New Vehicle was delivered to you.
6.2 For avoidance of doubt, We shall not be liable for any costs incurred by you during the 5-Day Period, including but not limited to customizations, upgrades, repair, and/or washing of Your New Vehicle.
6.3 Upon Our receipt of your notification pursuant to Item 6.1.1 of Part C1 of these Carro Services T&C, you shall ensure that Your New Vehicle is available for inspection at any of Our RX-2 within the next two (2) days. In the event We are satisfied that the conditions in Item 6.1 of Part C1 of these Carro Services T&C are met:-
6.3.1 We shall immediately take possession of Your New Vehicle;
6.3.2 you shall immediately execute all necessary Transaction Documents for the transfer of ownership of Your New Vehicle to Us;
6.3.3 you shall immediately notify your Partner Financiers and Partner Insurers of your decision; and
6.3.4 subject to the successful transfer of ownership of Your New Vehicle from you to Us and deduction of all costs, fees, charges and/or expenses charged by third parties including Our Partner Financiers, Partner Insurers and/or the relevant authorities, We shall refund to you the purchase price of Your New Vehicle (less the aforesaid deduction) paid by you to Us after Our receipt of the physical possession of Your New Vehicle and the Transaction Documents.
7. Warranty
7.1 In the event Your New Vehicle possesses a valid warranty provided by its original manufacturer, Carro Certified or Carro Certified Lite shall commence upon the expiry of the original manufacturer's warranty. You acknowledge and agree to the terms and conditions of Carro Certified or Carro Certified Lite.
7.2 You shall surrender Your New Vehicle at any of Our RX-2 for an inspection, at least six (6) months prior to the expiration of its original manufacturer's warranty, in order for Your New Vehicle to be eligible for Carro Certified or Carro Certified Lite, failing which, Carro Certified or Carro Certified Lite shall be considered invalid for Your New Vehicle.
8. Carro After-Sales Service
8.1 Our after-sales service shall exclusively be available at Our RX-3 centre.
8.1.1 It is compulsory to book an appointment in advance prior to surrendering Your New Vehicle for Our after-sales service at Our RX-3 centre.
8.1.2 You shall make the necessary payments either in one lump sum cash payment, by online transfer, by bank draft, or by cheque. For the avoidance of doubt, in the event you use cheque or banker's draft as the payment method, you shall only be able to claim possession of Your New Vehicle upon the cheque's or banker's draft's clearance.
PART C2 : BUYING YOUR AS-IS VEHICLE FROM US
1. Offer to Purchase Your As-Is Vehicle and Booking Fee
1.1. You shall indicate your Offer to Purchase by selecting Your As-Is Vehicle via the Platform and submitting the requisite information and documents as indicated on the Platform and as We may request from time to time. By placing an Offer to Purchase, you represent and warrant that you have read, understood and accepted the Report published on the Platform accompanying Your As-Is Vehicle. You further acknowledge that your Offer to Purchase is based on the "as is" condition of Your As-Is Vehicle as stated in the Report, with no re-conditioning by Us and no warranties, including but not limited to the engine, gearbox, and mileage.
1.2. Upon Our receipt of your Offer to Purchase, you will be provided with a written statement complying with Part I & II Second Schedule Hire-Purchase Act 1967, or a sales order, which shall detail, among other things, your financial obligations pursuant to the Offer to Purchase.
1.3. You shall thereafter make payment of the Booking Fee indicated on the Platform.
1.4. Your Offer to Purchase shall be deemed accepted only upon Our receipt of the Booking Fee for Your As-Is Vehicle and Our issuance of a receipt acknowledging such receipt.
1.5. Your Offer to Purchase is not transferable.
2. Cancellation of Offer to Purchase
2.1. You are entitled to cancel your Offer to Purchase at any time prior to the payment of the Deposit by providing Us with written notice and you shall not have any claims against Us for such cancellation.
2.2. Upon Our receipt of your written cancellation, We will refund the Booking Fee to you. We reserve the right and shall be entitled (but not obligated) to make Your As-Is Vehicle available to another potential buyer.
3. Payment of Deposit
The Deposit for Your As-Is Vehicle shall be paid as follows, subject to the set-off provisions in Item 4.3 Part B1 or Item 4.3 Part B2:
3.1. In the event you are purchasing Your As-Is Vehicle by cash, you shall pay the Deposit of Your As-Is Vehicle within four (4) days from the payment date of the Booking Fee.
3.2. In the event you are purchasing Your As-Is Vehicle by way of financing, you shall pay the Deposit of Your As-Is Vehicle upon execution of the facility or financing agreement which shall be within four (4) days from the payment date of the Booking Fee.
4. 4-Day Booking Policy
4.1. Upon your payment of the Booking Fee, being not more than one percent (1%) of the purchase price of Your As-Is Vehicle to Us, We shall reserve Your As-Is Vehicle for four (4) days only, commencing from the date of Our receipt of your Booking Fee.
4.2. If you are unable to pay the Deposit within four (4) days from the payment date of the Booking Fee, you shall be deemed to have cancelled your Offer to Purchase. We reserve the right and shall be entitled (but not obligated) to make Your As-Is Vehicle available to another potential buyer as We deem fit.
4.3. We may (but not obligated to) source for the next option available for you ("Next Option"). You shall not be obligated to accept the Next Option. If you refuse the Next Option, We shall refund to you the Booking Fee.
5. Delivery and Completion of Purchase
5.1. Upon Our receipt of the Deposit, the balance purchase price, and any other fee payable by you to Us, We shall, on the Delivery Date, ensure that:-
5.1.1. We deliver Your As-Is Vehicle to you;
5.1.2. We execute or provide you with the Transaction Documents relating to transfer of ownership of Your As-Is Vehicle in your favour;
5.1.3. the ownership of Your As-Is Vehicle is duly registered in your name; and
5.1.4. We deliver to you or your financier, as the case may be, the car grant or the vehicle ownership certificate of Your As-Is Vehicle.
5.2. At your choice, physical possession of Your As-Is Vehicle shall be delivered to you at:
5.2.1. one of Our RX-2; or
5.2.2. your selected location in Malaysia, provided that We shall be entitled to charge a fee in the event your selected location is outside Our Delivery Area. The applicable fee shall be notified to you prior to the delivery and shall be paid to Us before We deliver Your As-Is Vehicle to you.
5.3. You shall sign a Delivery Order upon acceptance of the physical possession of Your As-Is Vehicle, which shall indicate, among other things, the "as-is" condition and mileage of Your As-Is Vehicle. You acknowledge that the risk of damage to and/or loss of Your As-Is Vehicle shall pass or be transferred to you upon the signing of the Delivery Order.
5.4. You acknowledge and agree that:-
5.4.1. the purchase of Your As-Is Vehicle is on an "as is" and "willing buyer willing seller" basis;
5.4.2. the Report is solely informational and strictly limited to the scope stated therein, and shall not be relied upon as definite assessment of Your As-Is Vehicle;
5.4.3. there may be potential failures that are internal to the engine, transmission, electrical system or any other components of Your As-Is Vehicle, which may not be evident as at the date of the Report and therefore no implied or expressed warranties or guarantees of any kind are purported to be given by Carro in connection with the Report;
5.4.4. We shall not be liable for any omissions, inaccuracies, failures or negligence in producing the Report, including but not limited to, the condition, status and mileage of Your As-Is Vehicle;
5.4.5. We shall not guarantee that any errors, inaccuracies or omissions will be corrected and shall not be obliged to update the Platform or the Report;
5.4.6. all implied terms and warranties (including but not limited to merchantability, roadworthiness, fitness for purpose etc.) that may arise by implication of law shall be excluded;
5.4.7. all implied terms and warranties under the Sale of Goods Act 1957 (as may be amended from time to time) ("SOGA") shall be excluded pursuant to Section 62 of SOGA;
5.4.8. any knowledge about the status and condition of Your As-Is Vehicle by Us is as stated in the Report only and you shall be responsible for satisfying yourself on any other matters not expressly stated therein;
5.4.9. you have conducted due diligence on Your As-Is Vehicle and are satisfied of the condition and status of Your As-Is Vehicle;
5.4.10. prior to taking possession of Your As-Is Vehicle, you have inspected Your As-Is Vehicle and are satisfied with the condition and status of Your As-Is Vehicle; and
5.4.11. upon taking possession of Your As-Is Vehicle, you shall be deemed to be irrevocably satisfied with the condition and status of Your As-Is Vehicle and you shall have no claims or demands whatsoever against Us.
PART C3 : GENERAL TERMS ON YOUR PURCHASE OF YOUR NEW VEHICLE OR YOUR AS-IS VEHICLE
1. Test Drive
Any test drive of Your New Vehicle or Your As-Is Vehicle shall be subject to these Carro Services T&C and any additional terms and conditions that is imposed by Our respective RX-2 outlets that made known to you prior to the test drive.
1.1 Qualification: Test drive is subject to you satisfying Our eligibility criteria determined from time to time, including, but not limited to, holding a valid Malaysia drivers' license appropriate for Your New Vehicle or Your As-Is Vehicle to be test driven, and possessing a Malaysian identity card or passport, whichever is applicable. You represent and warrant that you have the necessary licenses and are fit and proper to conduct the test drive.
1.2 Availability: Test drive is subject to availability of Your New Vehicle or Your As-Is Vehicle and Our schedule. Notwithstanding this, We reserve the right to withdraw the test drive, for whatsoever reason and without any liability to you for doing so.
1.3 Test Drive: You may test drive Your New Vehicle or Your As-Is Vehicle for a continuous period not exceeding thirty (30) minutes, or only within the specified time provided by Us, along route We may designate from time to time. You shall be accompanied by Our dedicated staff and shall exercise due care and caution at all times. The starting point and ending point of the Test Drive shall be the same location unless otherwise agreed by Us. You shall only use the test drive for evaluation of Your New Vehicle or Your As-Is Vehicle. You shall be responsible for all toll fees, parking fees, summons and/or fines arising from the Test Drive. You shall indemnify and hold Carro harmless from and against any and all claims, demands, liabilities, damages, losses, costs (including legal costs), and/or expense suffered or incurred by Us arising out of such toll fees, parking fees, summons and/or fines. In relation to toll fees, parking fees, summons and/or fines, We reserve the right to make prior payment and shall be entitled to recover the same from you.
1.4 Risk: You shall be liable for any loss or damage to Your New Vehicle or Your As-Is Vehicle, including any injury or death to Our dedicated staff, any third party and/or any person as a consequence of your test drive (including risks, dangers, hazards and/or damages arising out of minor fender bender, collision with non-moving objects and/or major accidents) due to your act, omission, default, negligence and/or inaction and your undertake to make good such loss, damage and/or injury at your own cost and expense to Our satisfaction.
1.5 Ownership: The ownership of Your New Vehicle or Your As-Is Vehicle shall remain with Us at all times and you shall not, without Our prior written consent, offer to sell, assign, lease, mortgage, charge, encumber and/or part with possession or otherwise deal with Your New Vehicle or Your As-Is Vehicle nor create or allow any lien over Your New Vehicle or Your As-Is Vehicle.
1.6 Condition: Your New Vehicle or Your As-Is Vehicle should be returned to Us in the same condition as when it was collected by or delivered to you, save for fair and reasonable consumption of fuel. No changes (including any repair) shall be made to Your New Vehicle or Your As-Is Vehicle, and no accessories and/or parts are to be removed.
1.7 Your Undertaking: During the test drive, you shall comply with all related road traffic acts and/or other applicable legislations. You authorize Us to provide information relating to you (including your personal data) in response to any request by the police and/or any other relevant authorities for purposes and/or reasons relating to your test drive.
1.8 Termination of Test Drive or Post Test Drive: In the event of any non-compliance of the terms herein, any applicable laws, regulations and/or any misconduct by you, We shall be entitled to terminate the test drive immediately and/or take such other actions as We deem proportionate to the breach or the misconduct, including barring you from future test drive with Us.
2. Dealings with Our Partners (Partner Financiers & Partner Insurers)
2.1 We seek to provide you a hassle-free and convenient route to vehicle ownership and have thus identified various Partners to supplement Carro Services. Although We may recommend their services and/or products to you, you are not obliged to engage with them. As such, any dealings you may have with them are at your independent choice and risk.
2.2 Further, your engagement with Our Partners and/or acceptance of their services and/or products may be subject to further terms and conditions as may be agreed between you and Our Partners and We do not have any authority to interfere on the same.
2.3 We shall not be held liable for any commitments made by Our Partners and any costs and/or expenses you incur (including but not limited to processing fees, deposits), loss and/or damages that may arise from Our Partner's failure to honour such commitments (including but not limited to deposits with and processing fees charged by vehicle insurer and financier), except those warranties which are implied by and incapable of exclusion, restriction and/or modification under the laws applicable to these Carro Services T&C.
3. Application for Financing and Insurance (if any)
3.1 You authorize Us to provide information relating to you (including your personal data) to Our Partner Financiers and Partner Insurers for the purpose of Our Partner Financiers and Partner Insurers offering you a financing facility and insurance for the purchase of Your New Vehicle or Your As-Is Vehicle.
3.2 Your eligibility for such financing and vehicle insurance is subject to Carro Services T&C and any additional terms and conditions imposed by Our Partner Financiers and Partner Insurers which would be made available to you from time to time.
4. Limitations of Liability
4.1 Your use of the Platform is at your sole risk. We disclaim any express or implied warranties of accuracy, timeliness, currentness, completeness, non-infringement, fitness for purpose, merchantability or applicability of the Platform for any purpose, except those warranties which are implied by and incapable of exclusion, restriction and/or modification under the laws applicable to these Carro Services T&C.
4.2 We shall not be liable to you in the following circumstances:-
4.2.1 any breach of and/or non-adherence of these Carro Services T&C and/or any applicable directives, instructions, laws, guidelines, procedures, codes, principles, regulations, standard operating procedures (SOP), policies, standards and/or rules by you and/or any other third party;
4.2.2 any omissions, inaccuracies, failures or negligence on Our part in producing the Report;
4.2.3 any claims or demands against Us regarding Your New Vehicle or Your As-Is Vehicle, as you have conducted your own due diligence on Your New Vehicle or Your As-Is Vehicle and are satisfied with its condition and status upon taking possession;
4.2.4 any fines, summons, fees or any claims arising from Your New Vehicle or Your As-Is Vehicle from the Delivery Date;
4.2.5 any act, omission, default, negligence and/or breach by you and/or any other third party;
4.2.6 when We adhere to the applicable directives, instructions, laws, guidelines, procedures, codes, principles, regulations, standard operating procedures (SOP), policies, standards and/or rules of any regulatory bodies, authorities, government, court, tribunal and/or other judicial authority; and/or
4.2.7 when any Force Majeure Event occurs.
4.3 Further, We shall not be liable to you for any: (a) indirect, incidental, consequential, punitive or special damages whatsoever; or (b) loss of profits, loss of business, loss of opportunity or loss of goodwill, arising out of or in connection with these Carro Services T&C.
4.4 We do not however exclude liability that cannot be excluded or limited by laws applicable to these Carro Services T&C. None of your statutory rights are affected.
4.5 Without prejudice to the generality of the foregoing, Our entire aggregate liability for all claims made in respect of or in connection with these Carro Services T&C, howsoever arising, shall in no circumstances exceed the amount equivalent to (i) the Offer Price or Acceptance Price or (ii) the purchase price of Your New Vehicle or Your As-Is Vehicle, whichever is lower PROVIDED that Our said liability shall be reduced to the extent that the same shall be caused or contributed to by any act, omission, misconduct, default or breach of Our Partners, Partner Buyers and/or you. If you can make claims from your insurance company(ies), then you should do so. Our liability to you shall also be reduced to the extent of your claims from such insurance company(ies).
5. Indemnity and Waiver
5.1 You shall indemnify and keep Us and Our holding company, related company, parent company, subsidiary, associate and/or any entity directly or indirectly affiliated with Our company from time to time, and/or Our individuals, employees, officers, subcontractors and/or agents as We may duly appoint as Our representatives fully indemnified against all actions, claims, proceedings, demands, losses, damage, costs and/or expenses (including legal costs on an indemnity basis) which We may sustain, incur or pay arising from or in connection with:-
5.1.1 your act, omission, breach, default, negligence and/or misconduct;
5.1.2 any omissions, inaccuracies, failures, or negligence on Our part in producing the Report. You waive any claims, demands, or actions arising out of or in connection with such omissions, inaccuracies, failures, or negligence;
5.1.3 any issues arising out of Your Used Vehicle or Your New Vehicle or Your As-Is Vehicle;
5.1.4 any issues arising out of Your As-Is Vehicle, including but not limited to its condition, status, or mileage. You confirm that you have conducted your own due diligence regarding the condition and status of Your As-Is Vehicle and are satisfied with such condition and status upon taking possession. As such, you waive any claims or demands against Us concerning the aforementioned aspects of Your As-Is Vehicle; and
5.1.5 any breach or non-observance by you of any of the obligations, provisions, representations and/or warranties under these Carro Services T&C.
6. Platform
6.1 We shall not warrant that the functions contained in the Platform will be uninterrupted, error-free, that defects will be corrected and/or that the Platform will be free of viruses and/or other harmful components.
6.2 In the event of disruptions, delays, failures and/or technological difficulties occurring on the Platform, We reserve the right to use alternative methods to perform the bid and/or accept the bid. All bids shall be kept valid for Acceptance.
6.3 You agree and acknowledge that the use of alternative methods to accept the bid shall be valid and these Carro Services T&C shall be binding.
6.4 The copyright, trademark, patent, database rights, trade secrets, any other intellectual property rights and/or other proprietary rights on the Platform shall remain Our property.
7. GENERAL
7.1 Where any tax is applicable to these Carro Services, We shall be entitled to charge or deduct such amount of tax payable to Us from you.
7.2 We shall not be liable to you for any breach, hindrance and/or delay in Our performance of these Carro Services T&C attributable to any cause beyond Our control, including without limitation to:-
(a) acts of God or natural catastrophe including but not limited to earthquakes, cyclone, storm, fire, explosion, flood, landslide, subsidence, lightning, exceptionally inclement weather, pandemic and/or epidemic;
(b) war or threat of war (declared or undeclared), invasion, act of a foreign enemy, hostilities between nations, civil insurrection, militarily usurped power, act of public enemy, sabotage, malicious damage, terrorism and/or civil unrest;
(c) failure or shortage of power supplies, telecommunication, utility, strike, lockout, labour controversy and/or other industrial action or disturbance;
(d) trade restriction or disruption, imposition of new governmental regulations, orders and/or laws that substantially hinder or prevent Our performance;
(e) confiscation, nationalisation, requisition, expropriation, prohibition, embargo, restraint and/or damage to property by or under the order of any government authority; and/or
(f) any act, omission, negligence, default, misconduct and/or breach of any third party.
(Each a "Force Majeure Event").
In the circumstance that a Force Majeure Event lasts for more than seven (7) days, We shall (but not obliged to) terminate the sale of Your Used Vehicle, or the purchase Your New Vehicle or Your As-Is Vehicle by written notice and without any liability to you.
7.3 We have the right to terminate the sale of Your Used Vehicle, or the purchase Your New Vehicle or Your As-Is Vehicle at any time in the event of the following:-
7.3.1 you are found or suspected to be engaged in activities that are malicious, fraudulent, unethical, immoral, illegal, improper and/or in bad faith;
7.3.2 your conduct being detrimental to Our business interests;
7.3.3 your breach of any applicable laws and regulations;
7.3.4 your breach of any third-party rights;
7.3.5 your breach of any provisions herein; and/or
7.3.6 such other basis as We may deem fit.
7.4 Upon termination of the sale of Your Used Vehicle, or the purchase Your New Vehicle or Your As-Is Vehicle and without prejudice to any of Our other rights and remedies stated herein, We shall be entitled to:-
7.4.1 claim from you for all liabilities, losses and/or damages (including all solicitors' fees and expenses) suffered by Us;
7.4.2 obtain injunctive relief to prevent your breach or to otherwise enforce the terms herein; and
7.4.3 pursue any other right(s) remedy(ies) available at law or in equity.
7.5 We may assign or novate Our rights and obligations under the terms herein to another entity. You shall not assign your rights and obligations under the terms herein to another person or entity without Our prior written approval.
7.6 Neither Our failure nor delay enforcing any right, power or privilege under these terms, nor the giving of any time or indulgence, shall constitute a waiver of any of Our rights, powers or privileges under these Carro Services T&C, nor shall it prejudice Our rights, powers or privileges on any subsequent occasion. A waiver by Us of any of your defaults does not waive subsequent defaults of the same or different kind.
7.7 If any provision of the terms herein is held to be void, invalid and/or unenforceable whole or in part by any judicial or other competent authority, such provision shall be deemed to be deleted from these Carro Services T&C and all other provisions of the terms herein will remain in full force and effect and will not in any way be impaired.
7.8 The terms are governed by the laws of Malaysia. You agree to submit all disputes to the exclusive jurisdiction of the courts of Malaysia.
PART D : DEFINITIONS
"5-Day Period" | Means five (5) days commencing from the date of delivery of Your New Vehicle to you which shall include the day of delivery and expiring on Our closing business hours on the 5th day. |
"5-Day Test to Own" | Means the option to test out Your New Vehicle within the 5-Day Period in which should you change your mind within the 5-Day Period, to sell back Your New Vehicle to Us in accordance with Item 6 Part C1 of these Carro Services T&C. |
"Acceptance" | Means your acceptance of Our Offer (Item 3 Part B1 of these Carro Services T&C) or acceptance of a bid (Item 3 Part B2 of these Carro Services T&C). |
"Acceptance Price" | Shall have the meaning stipulated in Item 3 Part B2 of these Carro Services T&C. |
"Booking Fee" | Means a sum payable by you to Us prior to Our acceptance of your Offer to Purchase, which shall not exceed 1% of the purchase price of Your New Vehicle or Your As-Is Vehicle. |
"Bidding Event" | Means the bidding event held on the Platform for the sale of among others, Your Used Vehicle. |
"Bidding Related Services" | Means the services rendered by Us as stipulated in Item 2 Part B2 of these Carro Services T&C. |
"Carro Certified" | Means a one (1) year warranty that only covers engine and gearbox of Your New Vehicle. |
"Carro Certified Lite" | Means a free three (3) month warranty that only covers engine and gearbox of Your New Vehicle. |
"Carro Services" | Means the services rendered by Us, whether partly or wholly through the Platform including facilitating the sale of Your Used Vehicle and the purchase of Your New Vehicle or Your As-Is Vehicle. |
"Carro Services T&C" | Means this terms and conditions, as may be updated by Us from time to time by posting the updated terms and conditions on the Platform. Your continued dealing with Us after such changes have been posted shall constitute your acceptance of such revised terms and conditions. |
"Delivery Area" | Means the areas in which We will not charge any fees for delivery of Your New Vehicle or Your As-Is Vehicle. |
"Delivery Date" | Means such date mutually agreed between you and Our dedicated staff for the delivery or collection of Your New Vehicle or Your As-Is Vehicle to or by you. |
"Delivery Order" | Means the order which would accompany Our delivery of Your New Vehicle or Your As-Is Vehicle to you for your confirmation and execution. |
"Deposit" | Means a sum equivalent to 10% of the purchase price of Your New Vehicle (less the Booking Fee) or the difference between the amount financed by a third party (including a financial institution) to finance the purchase of Your New Vehicle or Your As-Is Vehicle and the actual purchase price of Your New Vehicle (inclusive of all other costs stipulated in the financing agreement between you and the third party), as the case may be. |
"Offer to Purchase" | Means your offer to purchase Your New Vehicle from Us (Item 1 Part C1 of these Carro Services T&C) or Your As-Is Vehicle from Us (Item 1 Part C2 of these Carro Services T&C). |
"Offer Price" | Means the offer price made by Us for Your Used Vehicle. |
"Offer" | Means Our offer for the purchase of Your Used Vehicle. |
"Outstanding Amount" | Means the balance outstanding owing by you to a third party (including a financial institution) in relation to your facility of Your Used Vehicle. |
"Partners" | Means Our Partner Financiers and Partner Insurers. |
"Partner Buyers" | Means any one of Our network of buyers of vehicles which may be interested in purchasing Your Used Vehicle. |
"Partner Financiers" | Means any one of the financiers which We may introduce you to in connection with the purchase of Your New Vehicle or Your As-Is Vehicle. |
"Partner Insurers" | Means any one of the vehicle insurers which We may introduce you to in connection with the purchase of Your New Vehicle or Your As-Is Vehicle. |
"Platform" | Means carro.co/my/en and any related sub-site from time to time. |
"Report" | Means the report accompanying the listing of Your New Vehicle or Your As-Is Vehicle on the Platform which sets out the condition of Your New Vehicle or Your As-Is Vehicle. |
"RX-2" | Means Our retail showrooms as listed on the Platform from time to time. |
"RX-3" | Means Our after-sales service centres as listed on the Platform from time to time. |
"T&C" | Means terms and conditions. |
"Transaction Documents" | Means all documents necessary for the inspection and/or transfer of ownership of Your Used Vehicle to Us or Our Partner Buyers, whichever is applicable, including but not limited to your identification documents, thumbprint documents and the car grant or the vehicle ownership certificate of Your Used Vehicle. |
"We", "Us", "Our" and/or "Carro" | Means Carro Technology Sdn. Bhd. [Registration No.: 201701035150 (1249321-K)], Carro Digital Sdn. Bhd. [Registration No.: 201801015504 (1277520-H)], Carro Care Malaysia Sdn. Bhd. [Registration No.: 202301030252 (1524175-P)] and/or Our holding company, related company, parent company, subsidiary, associate and/or any entity directly or indirectly affiliated with Us from time to time. |
"Your As-Is Vehicle" | Means a used vehicle which you intend to purchase from Us on an "as-is" basis, with no warranty from us, including but not limited to the engine, gearbox, and mileage. |
"Your Warranties" | Means the warranties given by you relating to Your Used Vehicle including those listed in Item 2 Part B3 of these Carro Services T&C. |
"Your Used Vehicle" | Means your used vehicle which you intend to sell to Us or Our Partner Buyers. |
"Your New Vehicle" | Means a used vehicle which you intend to purchase from Us. |
Updated: 18th December 2025