Terms and Conditions

              Terms and Conditions of Use for Al Futtaim Auto Auction and Hertz Auction

 

Automotive Auction

 

Effective Date: 01-July- 2025

 

Welcome to Al Futtaim Auto Auction and Hertz Auction, owned by Al Futtaim Private Company ("we," "our," or "us"), an online platform that facilitates the auction of vehicles listed by companies (including Al Futtaim Auto Auction and Hertz) ("Seller") to third parties (“Buyer”, “you” or “your”).

 

These Terms and Conditions ("Terms") govern your use of our platform, available at [www.alfuttaimautoauction.com] (the "Platform"), for purchasing vehicles through our online auction process. These Terms will also form the legal basis of the purchase agreement between you and the Seller.

 

By accessing or using the Platform, you agree to be bound by these Terms, as well as any additional guidelines or policies posted on the Platform, which may be updated from time to time. If you do not agree to these Terms, you should not use the Platform.

 

1. Registration and Account Creation

 

To access the list of vehicles available for auction, you must register for an account on the Platform ("Account").

 

You must provide accurate and up-to-date information during the registration process. It is your responsibility to maintain the confidentiality of your Account credentials, and you are responsible for all activities that occur under your Account.

 

As part of the registration process you have to select a username and password. If there is any change in your information after registration, you will need to update your profile on the Platform. Your password must be kept confidential. You will be liable for the misuse of a username or password. 

 

Your Account is non-transferable. 

 

2. Use of the Platform

 

The Platform may contain links to other Internet sites where we have no influence on the design and subject matter of these site links. We do not accept any responsibility for the topicality, accuracy, entirety or quality of the information provided on them and expressly dissociate ourselves from all subject matter on any such sites.

By accessing or using the Platform, you represent and warrant that:

 

a)    you have the authority to validly enter into and/or be bound by these Terms.

 

b)    your use of the Platform will be solely for lawful purposes that are permitted by these Terms.

 

c)    Your use of the Platform will comply with all UAE local and federal laws, rules, and regulations.

 

3. Prohibited Conduct

 

You agree not to engage in any conduct that:

 

a)    Violates the rights of any third party, including intellectual property rights or privacy rights.

 

b)    Uses the Platform for any illegal or fraudulent activities (including, without limitation, creating a false account or using your Account for any immoral or illegal activities).

 

c)    Interferes with the operation of the Platform or attempts to bypass or exploit security features.

 

d)    Engages in bidding manipulation or other deceptive auction practices.

 

e)    Employs any devices, soft­ware or other means likely to affect the functioning of the Platform.

 

f)      Uses any measures likely to result in unreasonable or excessive infrastructure loads.

 

g)    Copies, passes on, uses or reproduces the Platform in any way without our express prior written permission, including without limitation, “robot/crawler” search engine copies, “screen scraping” and other automatic devices.

 

4. Platform’s Rights

 

We reserve the right to:

 

a)    Suspend or terminate any account (including your Account) if we determine, at our sole discretion, that they have violated these Terms or engaged in fraudulent or illegal activity or infringes or damages our intellectual property or that of a third party. In the event of such suspension, you may no longer use the Platform or re-register without our express permission.

 

b)    Modify or discontinue the Platform’s services, or any feature thereof, at any time without prior notice.

 

c)    Suspend access to the Platform to carry out scheduled or unscheduled maintenance or for any other reason at any time.

 

5. Auction Process

 

Users of the Platform may not manipulate the course of an auction by making bids via another user account or through the express intervention of a third party.

 

We control the auction process, and we reserve the right to cancel or alter scheduled auctions. However, we will use our reasonable endeavors not to invalidate auctions except in exceptional cases. Invalidation may take place before or during an auction.

 

You will make a bid by entering a sum of money on the Platform within the bidding period stated.

 

All offers shall be gross amounts. In the event that two buyers offer the same price, the first bid to be entered into the Platform shall be considered the higher amount.

Your bid shall be binding until invalidated by a higher bid. If your bid is the highest, but the minimum price has not been met, your offer shall remain in place for a 48-hour period (business days) following the end of the online auction, before confirmation of acceptance or denial of your bid, which remains in our absolute discretion.

Once you submitted a bid, it may not be lowered or invalidated unless you have a legal reason to do so.

All bids are considered binding, and any successful bid will constitute a contract of sale between you and the Seller.

 

All submitted bids will be registered and stored by us. In the event of any uncertainties that arise regarding bids, they will be resolved by us.

 

6. Fees and Payments

 

Once your bid is successful, you will receive comprehensive invoice(s) confirmation by us for all vehicles acquired through the Platform.      

 

You are responsible for paying the total auction price, including any applicable taxes, fees, and shipping costs. The Platform charges an administrative handling fee for all Automall auto auctions in the amount of AED 199 including VAT for every unit purchased.

 

The purchase price must be paid in full to Seller prior to collection of the vehicle(s). Payment must be made either by way of bank transfer (which must be made within two (2) working days of the sales agreement) or in cash or with a valid cheque. The Seller may accept credit card payments in certain circumstances, determined on a case-by-case basis.  

 

If you fail to make the payment on time, the vehicle shall be sold to any other available user/buyer , or be put up for auction again, at our sole discretion.   

 

If you fail to make a payment, your Account will be cancelled immediately.

 

7. Sale and Transfer of Ownership

 

Once your bid is successful and the auction is complete, a sales agreement will be concluded between you and the Seller.

 

When a vehicle has been purchased, we shall send the sales agreement to you, which you should check for accuracy, and the sales agreement will be added to your Account.  

 

You acknowledge that the sale is final once you have made payment and the transfer of ownership has been completed. The vehicle shall remain the property of the Seller until full payment has been made.

 

8. Collection and inspection of vehicles

 

You must collect any purchased vehicles at your own expense, from either of the following locations:

 

·       Hertz: within three (3) working days from the date that the vehicle possession certificate (the “HAYAZA”) is issued that transfers the ownership from the Seller to you.

·       Automall: within three (3) working days from payment of invoice.

·       Where the payment is not handled by us, from the location stated by the Seller in his notice of sale on the Platform, within five (5) working days after receiving the sales agreement.

In the case of vehicle purchases for cross-border or export purposes, you are responsible for all approvals, logistic and broker arrangements. It shall be your sole responsibility to confirm the legal, documentary and technical requirements for the export.

 

All vehicles are auctioned for domestic purposes. We have no responsibility and do not provide any assurances about the export of the vehicle and its repercussions. 

 

The auction and sale of vehicles is on a "purchase as is” basis ( i.e. without any warranty). We do not in any way, expressly or implicitly, give any warranties to the Buyer. We expressly disclaim any implied warranties of merchantability or of fitness for a particular purpose.

 

You have to do your due diligence and inspect a vehicle thoroughly prior to acceptance, to determine whether it matches the description of the vehicle under auction. We do not accept any liability for any issues whatsoever relating to the vehicle, mileage, frame damage, mechanical or quality. 

 

The vehicles is sold on an “as is” basis from the Platform. We make no guarantees about the vehicle and accept no responsibility for any implicit or apparent defect before, during or after completion of the auction.  Our role is only as a mediator in the auction.  We have no previous knowledge of the vehicles being sold, and you are responsible to inspect the vehicles, and to verify the information, before concluding the sale.

 

If the Seller is Hertz, cancellation of the sales agreement will only be allowed for the following reasons, subject to sufficient supporting proof is provided:

 

a)    Chassis Damage:

·       Includes underbody extensive rust, chassis bent or misaligned, or frame impact.

·       Requires supporting RTA Inspection Report marked as "Failed Passing."

b)    Gear Damage:

·       Requires supporting RTA Inspection Report marked as "Failed Passing."

 

The clause a and b is applicable only with an official RTA Inspection report will be accepted. Reports issued by any other entity will not be considered valid.

 

The data provided on the Platform is only for information purposes only and should not affect your ultimate decision to purchase the vehicle. You will be solely liable and responsible for your commercial/ purchase decisions.

 

When a vehicle is accepted, the risk of accidental deterioration and destruction shall pass to you and you assume all risk and liability whatsoever resulting from the use of the vehicle(s) sold hereunder.

 

9. Limitation of Liability

 

To the fullest extent permitted by applicable law, neither us nor the Platform will be liable for any damage arising from the use or inability to use the Platform, including but not limited to direct, indirect, incidental, or consequential damages.

 

We do not accept any liability for any failure or delay in executing bids or any errors contained in bids placed via the Platform. Without limiting the foregoing, we do not accept any liability for any failures, delays or errors caused by interruptions in the availability of the Platform or any errors or defects in their content or functionality, any software and/or hardware defects and/or any internet connection problems, and we do not represent or warrant that the Platform will be error-free, free of viruses or other harmful components, or that any defects will be corrected.

 

The Platform is provided "as is" and without any warranty or condition, express, implied or statutory.

 

10. Indemnification

 

 You agree to indemnify and hold harmless the Platform, its respective affiliates, officers, employees, and agents from any and all claims, losses, liability, expenses or damage either before or after the auction or if the vehicle offered has become a subject of a claim, suit and/or mortgage, arising out of (and you agree to release us from any claim, loss and/or damage resulting from) but not limited to your:
a) Use of the Platform;

b) Breach of the Terms or any other law or regulation;

c) Breach or infringement of any third party’s right; and/or

d) Provision of wrong, fraudulent or incomplete information to us.

 

11. Intellectual Property

 

We will retain ownership of all intellectual property rights of any kind related to the Platform, including applicable copyrights, patents, trademarks and other proprietary rights.

 

These Terms do not transfer any intellectual property to you whatsoever. We reserve all rights that are not expressly granted to you under these Terms.

 

Specifically, www.alfuttaimautoauction.com, and all other trademarks or intellectual property that appear, are displayed, or are used on the Platform from time to time are our registered or licensed property and may not be copied, downloaded, reproduced, used, modified or distributed, in any way, without our prior written consent.

 

Other trademarks, service marks, graphics and logos used in connection with the Platform may be the trademarks of other third parties.

 

If you believe that any material located on or linked to the Platform violates your intellectual property, please notify  us via email

 

12. Privacy Policy

 

Your use of the Platform is governed by our Privacy Policy, which can be found at https://www.al-futtaimauto.com/privacy-policy/.  By using the Platform, you consent to the collection, use, and sharing of your information as outlined in the Privacy Policy.

 

13. Governing Law

 

These Terms will be governed by and construed in accordance with the laws of the United Arab Emirates as applied in the Emirate of Dubai. Any legal action or proceeding that cannot be amicably resolved shall be heard by the Dubai Courts, and you consent to the exclusive jurisdiction of those courts.

 

14. Disputes and Dispute Resolution

 

In the event of any dispute between you and a Seller that is not part of our Group, you will make reasonable efforts to resolve the matter directly. If a resolution cannot be reached, we may step in to mediate, but we are not liable for any financial or legal outcomes resulting from the dispute.

 

In the event of any dispute between you and an Al Futtaim Group entity, such dispute will be subject to the jurisdiction of the courts of Dubai and the United Arab Emirates.

 

15. Changes to Terms and Conditions

 

We may update or modify these Terms at any time, and all such changes will be effective immediately upon posting on the Platform. It is your responsibility to review these Terms regularly for any changes. Your continued use of the Platform after any updates constitutes acceptance of the revised Terms.

 

15. Contact Information

 

If you have any questions or concerns about these Terms or the Platform, please contact us at:

Automall Auctions

Opp. Madina Mall, Al Qusais, Dubai, UAE

Phone: 04-2677474 

Email: info.autoauction@alfuttaim.ae 

 

Hertz Rent A Car

Umm Ramool, Airport Road, Dubai

Phone: 04-2060141

Email Hertz.VehicleRemarketingAdmin@alfuttaim.com