SELLER’s TERMS & CONDITIONS
[Beyond Economic Repair (“BER”) Vehicles]
By bidding on any item by AIG Malaysia Insurance Berhad, you agree to the following Terms & Conditions:

AUCTION / TENDER PROCESS

1. The tender shall be on an “As Is Where Is” basis and the vehicle registration number shall not be included. Interested bidders are to inspect the BER vehicle properly before placing any tender on the BER vehicle. The BER vehicle’s condition before and after the tender period should be within the respective bidders’ consideration.

2. AIG Malaysia Insurance Berhad retains the right to cancel / revoke the acceptance of a successful bid in the event the successful bidder does not complete the purchase by making payment within the seven (7) days after the issuance of the letter of confirmation of sale in respect of the BER vehicle.

3. AIG Malaysia Insurance Berhad is not liable for the subsequent loss / damage if the successful bidder has failed to tow out the BER vehicle from the stipulated location forthwith. The subsequent storage charges and/or other fees upon the successful bid are to be borne by the successful bidder.

POST AUCTION / TENDER PROCESS

4. The successful bidder shall ensure that the BER vehicle is repaired to meet the minimum safety standards within four (4) months from the date the repairer/s receive/s the BER vehicle. The minimum safety standards include undergoing appropriate and adequate inspections and obtaining the relevant certification of roadworthiness from a credible vehicle inspection provider (“VIP”). The successful bidder shall ensure a copy of the certification of roadworthiness must be forwarded to the AIG Malaysia Insurance Berhad immediately once obtained.

5. Credible VIPs are VIPs that are recognised by the relevant authorities such as the Malaysian Road Transport Department (“RTD”) / Jabatan Pengangkutan Jalan Malaysia (“JPJ”) and Malaysian Ministry of Transport (“MOT”) / Kementerian Pengangkutan Malaysia (“KP”).

6. Appropriate and adequate inspections and obtaining the relevant certification of roadworthiness include the following (as at 1 July 2024):
   6.1. BER Inspection Code (Code 85); and
   6.2. Lane Inspection (using equipment) Code (Code 9009) conducted by PUSPAKOM, or its equivalent if the inspections are conducted by other credible VIPs.
   6.3. The BER Inspection (Code 85 & Code 9009) conducted by PUSPAKOM require the following documents during inspection:
   6.3.1. Original VOC / JPJ.K2 / Vehicle Information Detail
   6.3.2. Original repair approval letter from JPJ on change of 10 controlled components (if applicable)
   6.3.2.1. For the 10 controlled components, kindly refer to https://www.puspakom.com.my/beyond-economic-repair-ber-inspection/
   6.3.3. Verification letter from workshop on change of 10 controlled components (if applicable)
   6.3.4. BER declaration letter from Insurance Company
   6.3.5. Coloured photographs BEFORE repair that shows:
   6.3.5.1. Four (4) angles – front, rear, left, and right views
   6.3.5.2. Chassis number
   6.3.6. Coloured photos AFTER repair but BEFORE re-paint that shows:
   6.3.6.1. Four (4) angles – front, rear, left, and right views

7. All relevant costs / fees in respect of the adequate inspections and obtaining the relevant certification of roadworthiness are to be borne by the successful bidder.

8. In the event the successful bidder fails to submit the appropriate certification of roadworthiness as specified in paragraphs 5 and 6 above, the successful bidder must provide written clarification and/or obtain written clarification from the repairer (where applicable) on the reason for this failure to submit the certification of roadworthiness within the applicable timeline.

9. In the event AIG Malaysia Insurance Berhad does not receive a response from the successful bidder within two (2) months from the date of written request as specified in paragraph 8 above, AIG Malaysia Insurance Berhad shall:
   9.1. Reclassify the BER vehicle as an Actual Total Loss (“ATL”) vehicle (scrap / wreck); and
   9.2. Deregister the BER vehicle at RTD / JPJ and no refund monies or compensation whatsoever will be made by AIG Malaysia Insurance Berhad to you.

10. The successful bidder shall also be required to provide a letter of undertaking from the repairer / workshop that will be repairing the BER vehicle (sample letter of undertaking format is annexed behind for reference).

11. Where applicable, the successful bidder shall only receive the physical registration card / certificate / licence when it is required for the change / transfer of vehicle ownership of the BER vehicle and the certification of roadworthiness has been obtained as specified in paragraphs 5 and 6 above.

12. Upon obtaining the certification of roadworthiness as specified in paragraphs 5 and 6 above (if any), the successful bidder shall upon receipt of the physical registration card / certificate (if any) from the AIG Malaysia Insurance Berhad, within seven (7) days after such change of possession, forward to the Director of Road Transport the said card / certificate relating to the BER vehicle, and shall apply to such Director to be registered as the new owner in place of the registered owner. The successful bidder shall also ensure that all the necessary requirements under the Road Transport Act 1987 and/or by RTD / JPJ and any relevant laws/rules are followed.

13. The successful bidder shall bring the relevant documents as required by RTD / JPJ when applying for involuntary change of possession / ownership.

14. The successful bidder shall provide a copy of the updated vehicle registration card / certificate to AIG Malaysia Insurance Berhad as proof that the transfer of vehicle ownership is completed within seven (7) days from the date of the transfer of vehicle ownership.

15. Prior to the completion of transfer of vehicle ownership as specified in paragraphs 12 and 13 above, the successful bidder shall not use the BER vehicle on any road subject to any exceptions under the prevailing laws and regulations in Malaysia such as the Road Transport Act 1987.

16. AIG Malaysia Insurance Berhad is not liable for any cost / damage / loss if the repaired BER vehicle has failed in the adequate inspections and obtaining the certification of roadworthiness as specified in paragraphs 5 and 6 above or if the transfer of ownership of the repaired BER vehicle has failed due to whatsoever reason.

17. If the BER vehicle is determined later to be an ATL vehicle by the credible VIP or AIG Malaysia Insurance Berhad as stipulated under paragraph 9 above, where an Authorized Automotive Treatment Facility (“AATF”) is available, the successful bidder shall send the BER vehicle to the AATF within five (5) working days upon deregistration and obtain a certification of destruction from the AATF as proof of proper disposal of the ATL vehicle (scrap / wreck) which is to be sent to the AIG Malaysia Insurance Berhad within five (5) working days from the date of disposal. AIG Malaysia Insurance Berhad will not provide any documentation for transfer of ownership. All subsequent costs / expenses shall be borne by the successful bidder.