PAYMENT. 8.1 Immediately after the fall of the hammer, the successful bidder (“Purchaser”) shall sign the Memorandum at the foot of these conditions. For online bidders please refer to the Terms & Conditions on xxx.xxxxxxxxxxxxxxx.xxx for the manner of payment of the same. 8.2 In the event that the Total Purchase Price (“TPP”) is higher than the Reserved Price, the Purchaser declared by the Auctioneer shall immediately pay to the Auctioneer a sum (Differential Sum) equivalent to the difference between ten per centum (10%) of the PD (“Purchase Deposit”) and the Bidding Deposit either in cash or bank draft/cashier’s order drawn in favour of BANK ISLAM MALAYSIA BERHAD, as payment of deposit and towards part payment of TPP. 8.3 In the event the purchaser fails to pay the Differential Sum or fails to sign the said Memorandum, the Bidding Deposit shall be forfeited by the Assignee/Bank and the property may be put up for sale again at a date and time to be fixed by the Assignee/Bank. The cost and expenses of, in connection with and resulting from such resale together with any deficiency in the price obtained at the resale comparing to the price obtained in the aforesaid sale shall be recoverable from the defaulting Purchaser. A certificate by an officer of the Assignee/Bank as to the costs and expenses of, in connection with, resulting from such resale shall be accepted by the Purchaser as binding, correct and conclusive. 8.4 In the event the Purchaser stops payment or countermands on the bank draft of the Bidding Deposit and/or the Purchase Deposit the property may be put up for sale at a date and time to be fixed by the Assignee/Bank. The costs and expenses of, in connection with and resulting from such resale together with any deficiency in the price obtained at the resale comparing to the price obtained in the aforesaid sale shall be recoverable from the defaulting Purchaser. A certificate by an officer of the Assignee/Bank as to the costs and expenses of, in connection with and resulting from such resale shall be accepted by the Purchaser as binding, correct and conclusive. 8.5 The balance of the TPP (“Balance Purchase Price”) shall be paid by the Purchaser within NINETY (90) DAYS without any extension from the date of the sale by bank draft only drawn in favour of BANK ISLAM MALAYSIA BERHAD. The Purchaser shall at his own costs and expenses apply to the relevant State Authority for the consent to transfer not later than 14 days from the date of sale and procure the consent to transfer from the State Authority not later than 3 months from the date of sale, or such other extended period as may be granted by the Assignee/Lender as its absolute discretion from time to time and the purchaser shall be liable to pay penalty cum administrative charges which will be determined by the bank accordingly. 8.6 In the event that the Purchaser defaults in complying with any of the conditions herein or fails to pay the Balance Purchase Price within the time allowed, then the Assignee may (without prejudice to their rights for specific performance) treat such default as a repudiation of the contract and terminate the sale without notice in which event the Bidding Deposit and the Purchase Deposit paid under clauses 3 and 8.2 above shall be forfeited by the Assignee/Bank and the property may again be put up on sale at a date and time to be fixed by the Assignee/Bank. The costs and expenses of, in connection with and resulting from such resale together with any deficiency in the price obtained in the resale comparing to the price obtained in the aforesaid sale shall be recoverable from the defaulting Purchaser. A certificate by an officer of the Assignee/Bank as to the costs and expenses of, in connection with and resulting from such resale shall be accepted by the Purchaser as binding, correct and conclusive.
Appears in 95 contracts
Samples: Perjanjian Jualan Hartanah, Perjanjian Jualan Hartanah, Perjanjian Jualan Hartanah
PAYMENT. 8.1 Immediately after the fall of the hammer, the successful bidder (“Purchaser”) shall sign the Memorandum at the foot of these conditions. For online bidders please refer to the Terms & Conditions on xxx.xxxxxxxxxxxxxxx.xxx for the manner of payment of the same.
8.2 In the event that the Total Purchase Price (“TPP”) is higher than the Reserved Price, the Purchaser declared by the Auctioneer shall immediately pay to the Auctioneer a sum (Differential Sum) equivalent to the difference between ten per centum (10%) of the PD (“Purchase Deposit”) and the Bidding Deposit either in cash or bank draft/cashier’s order drawn in favour of BANK ISLAM MALAYSIA BERHAD, as payment of deposit and towards part payment of TPP.
8.3 In the event the purchaser fails to pay the Differential Sum or fails to sign the said Memorandum, the Bidding Deposit shall be forfeited by the Assignee/Bank and the property may be put up for sale again at a date and time to be fixed by the Assignee/Bank. The cost and expenses of, in connection with and resulting from such resale together with any deficiency in the price obtained at the resale comparing to the price obtained in the aforesaid sale shall be recoverable from the defaulting Purchaser. A certificate by an officer of the Assignee/Bank as to the costs and expenses of, in connection with, resulting from such resale shall be accepted by the Purchaser as binding, correct and conclusive.
8.4 In the event the Purchaser stops payment or countermands on the bank draft of the Bidding Deposit and/or the Purchase Deposit the property may be put up for sale at a date and time to be fixed by the Assignee/Bank. The costs and expenses of, in connection with and resulting from such resale together with any deficiency in the price obtained at the resale comparing to the price obtained in the aforesaid sale shall be recoverable from the defaulting Purchaser. A certificate by an officer of the Assignee/Bank as to the costs and expenses of, in connection with and resulting from such resale shall be accepted by the Purchaser as binding, correct and conclusive.
8.5 The balance of the TPP (“Balance Purchase Price”) shall be paid by the Purchaser within NINETY (90) DAYS without any extension from the date of the sale by bank draft only drawn in favour of BANK ISLAM MALAYSIA BERHAD. The Purchaser shall at his own costs and expenses apply to the relevant State Authority for the consent to transfer not later than 14 days from the date of sale and procure the consent to transfer from the State Authority not later than 3 months from the date of sale, or such other extended period as may be granted by the Assignee/Lender as its absolute discretion from time to time and the purchaser shall be liable to pay penalty cum administrative charges which will be determined by the bank accordingly.
8.6 In the event that the Purchaser defaults in complying with any of the conditions herein or fails to pay the Balance Purchase Price within the time allowed, then the Assignee may (without prejudice to their rights for specific performance) treat such default as a repudiation of the contract and terminate the sale without notice in which event the Bidding Deposit and the Purchase Deposit paid under clauses 3 and 8.2 above shall be forfeited by the Assignee/Bank and the property may again be put up on sale at a date and time to be fixed by the Assignee/Bank. The costs and expenses of, in connection with and resulting from such resale together with any deficiency in the price obtained in the resale comparing to the price obtained in the aforesaid sale shall be recoverable from the defaulting Purchaser. A certificate by an officer of the Assignee/Bank as to the costs and expenses of, in connection with and resulting from such resale shall be accepted by the Purchaser as binding, correct and conclusive.
Appears in 36 contracts
Samples: Perjanjian Jualan Hartanah, Perjanjian Jualan Hartanah, Perjanjian Jualan Hartanah
PAYMENT. 8.1 7.1 Immediately after the fall of the hammer, the successful bidder (“Purchaser”) Purchaser shall sign the Memorandum at the foot of these conditions. For online bidders please refer to the Terms & Conditions on xxx.xxxxxxxxxxxxxxx.xxx for the manner of payment of the same.
8.2 7.2 In the event that the Total Purchase Price total purchase price (“TPP”) is higher than the Reserved Reserve Price, the Purchaser declared by the Auctioneer shall immediately pay to the Auctioneer a sum (“Differential Sum”) equivalent to the difference between ten per centum cent (10%) of the PD TPP (“Purchase Deposit”) and the Bidding Deposit either in cash or bank draft/draft or cashier’s order drawn in favour of BANK ISLAM MALAYSIA BERHADAmBank (M) Berhad for the a/c of (Mega Strands Sdn Bhd), as payment of deposit and towards part payment of TPP.
8.3 7.3 In the event that the purchaser Purchaser fails to pay the Differential Sum or fails to sign the said Memorandum, the Bidding Deposit shall be forfeited by the Assignee/Bank and the property Property may be put up for sale again at a date and time to be fixed by the Assignee/Bank. The cost and expenses of, in connection with and resulting from such resale together with any deficiency in the price obtained at the resale comparing to the price obtained in the aforesaid sale shall be recoverable from the defaulting Purchaser. A certificate by an officer of the Assignee/Bank as to the costs and expenses of, in connection with, resulting from such resale shall be accepted by the Purchaser as binding, correct and conclusive.
8.4 In the event the Purchaser stops payment or countermands on the bank draft of the Bidding Deposit and/or the Purchase Deposit the property may be put up for sale at a date and time to be fixed by the Assignee/Bank. The costs and expenses of, in connection with and resulting from such resale together with any deficiency in the price obtained at the resale comparing to the price obtained in the aforesaid sale shall be recoverable from the defaulting Purchaser. A certificate by an officer of the Assignee/Bank as to the costs and expenses of, in connection with and resulting from such resale shall be accepted by the Purchaser as binding, correct and conclusive.
8.5 7.4 In the event that the Purchaser stops payment or countermands on the bank draft for the Bidding Deposit and/or the Purchase Deposit, the Property may be put up for sale at a date and time to be fixed by the Assignee/Bank. The cost and expenses of, in connection with and resulting from such resale together with any deficiency in the price obtained at the resale comparing to the price obtained in the aforesaid sale shall be recoverable from the defaulting Purchaser. A certificate by an officer of the Assignee/Bank as to the costs and expenses of, in connection with and resulting from such resale shall be accepted by the Purchaser as correct and conclusive.
7.5 The balance of the TPP (“Balance Purchase Price”) shall be paid in full by the Purchaser to the Assignee/Bank or to the Solicitors within NINETY ninety (90) DAYS without any extension days from the date of the auction sale by bank draft only RENTAS/BANK DRAFT/CASHIER’S ORDER drawn in favour of BANK ISLAM MALAYSIA BERHAD. The Purchaser shall at his own costs and expenses apply to the relevant State Authority AmBank (M) Berhad for the consent to transfer not later than 14 a/c of (Mega Strands Sdn Bhd) and that there shall be no extension of the period so specified. However, the period of ninety (90) days from the date of sale and procure the consent to transfer from the State Authority not later than 3 months from the date of sale, or such other extended period as may be granted extended by the Assignee/Lender as Bank at its absolute discretion from time upon written request by the Purchaser before the expiry date provided that if an extension is granted, the Purchaser shall pay to time and the purchaser shall be liable Assignee/Bank late payment charges/compensation at the rate/amount to pay penalty cum administrative charges which will be determined by the bank accordinglyAssignee/Bank at its absolute discretion on the Balance Purchase Price calculated on a daily basis for the duration of the extended period granted and such late payment charges/compensation shall be paid by the Purchaser in the manner and time stipulated by the Assignee/Bank.
8.6 7.6 In the event that the Purchaser defaults in complying with any of the conditions herein or fails to pay the Balance Purchase Price within the time allowedor extended time as the case may be and in the manner as stipulated in Clause 7.5 above, then the Assignee may (without prejudice to their rights for specific performance) treat such default as a repudiation of the contract and terminate the sale without notice in which event the Bidding Deposit and the Purchase Deposit together with the late payment charges/compensation (if any) paid under clauses 3 and 8.2 Clause 7.2 above shall be forfeited by the Assignee/Bank and the property may again be put up on for sale at a date and time to be fixed by the Assignee/Bank. The costs and expenses of, in connection with and resulting from such resale together with any deficiency in the price obtained in the resale comparing to the price obtained in the aforesaid sale shall be recoverable from the defaulting Purchaser. A certificate by an officer of the Assignee/Bank as to the costs and expenses of, in connection with and resulting from such resale shall be accepted by the Purchaser as binding, correct and conclusive.
7.7 Subject to Clause 7.1, 7.2, 7.3, 7.4, 7.5 and 7.6 hereof, for property which is still under progressive constructions stage, the Purchaser shall:-
(a) In the event that the Purchaser shall require a loan to enable him/her to complete the purchase herein, the Purchaser shall within time stipulated in Clause 7.5 hereof, cause his/her financier to issue a letter of undertaking to pay the balance progressive payment in accordance with the schedule of the principal Sale and Purchase Agreement made in favour of the Developer from his/her financier and to release the Assignee/Bank from its original undertaking;
(b) In the event that the Purchaser shall not require a loan to enable him/her to complete the purchase herein, the Purchaser shall within time stipulated in Clause 7.5 hereof, procure a bank guarantee to pay the balance progressive payment in accordance with the schedule of the principal Sale and Purchase Agreement made in favour of the Developer from his/her financier and to release the Assignee/Bank from its original undertaking;
(c) Any payment due and payable to the Developer after the date of sale, including the balance progressive payment in accordance with the schedule of the principal Sale and Purchase Agreement, charges, interest and penalty as a result of the delay by the Purchaser in giving any undertaking/bank guarantee stated in Clause 7.7(a) & (b) hereof, shall be borne by the Purchaser absolutely; and
(d) In the event that the Purchaser shall fail, neglect and/or refuse to procure a letter of undertaking/bank guarantee mentioned in the manner and at the times reserved in Clause 7.7 (a) & (b) hereof, the Assignee/Bank shall be entitled to terminate the sale by a notice in writing to the Purchaser whereupon the Purchase Deposit referred in Clause 7.2 shall be forfeited by the Assignee/Bank and the Property may again be put up for sale at a date and time to be fixed by the Assignee/Bank. The costs and expenses of, in connection with and resulting from such resale together with any deficiency in the price obtained in the resale comparing to the price obtained in the aforesaid sale shall be recoverable from the defaulting Purchaser. A certificate by an officer of the Assignee/Bank as to the costs and expenses of, in connection with and resulting from such resale shall be accepted by the Purchaser as correct and conclusive.
Appears in 4 contracts
Samples: Loan Agreement, Loan Agreement, Loan Agreement
PAYMENT. 8.1 7.1 Immediately after the fall of the hammer, the successful bidder (“Purchaser”) Purchaser shall sign the Memorandum at the foot of these conditions. For online bidders please refer to the Terms & Conditions on xxx.xxxxxxxxxxxxxxx.xxx for the manner of payment of the same.
8.2 7.2 In the event that the Total Purchase Price total purchase price (“TPP”) is higher than the Reserved Reserve Price, the Purchaser declared by the Auctioneer shall immediately pay to the Auctioneer a sum (“Differential Sum”) equivalent to the difference between ten per centum cent (10%) of the PD TPP (“Purchase Deposit”) and the Bidding Deposit either in cash or bank draft/draft or cashier’s order drawn in favour of BANK ISLAM MALAYSIA BERHADAmBank (M) Berhad for the a/c of (Xxxx Xxxx Xxxx/Xxx Xxxx Xxxx), as payment of deposit and towards part payment of TPP.
8.3 7.3 In the event that the purchaser Purchaser fails to pay the Differential Sum or fails to sign the said Memorandum, the Bidding Deposit shall be forfeited by the Assignee/Bank and the property Property may be put up for sale again at a date and time to be fixed by the Assignee/Bank. The cost and expenses of, in connection with and resulting from such resale together with any deficiency in the price obtained at the resale comparing to the price obtained in the aforesaid sale shall be recoverable from the defaulting Purchaser. A certificate by an officer of the Assignee/Bank as to the costs and expenses of, in connection with, resulting from such resale shall be accepted by the Purchaser as binding, correct and conclusive.
8.4 In the event the Purchaser stops payment or countermands on the bank draft of the Bidding Deposit and/or the Purchase Deposit the property may be put up for sale at a date and time to be fixed by the Assignee/Bank. The costs and expenses of, in connection with and resulting from such resale together with any deficiency in the price obtained at the resale comparing to the price obtained in the aforesaid sale shall be recoverable from the defaulting Purchaser. A certificate by an officer of the Assignee/Bank as to the costs and expenses of, in connection with and resulting from such resale shall be accepted by the Purchaser as binding, correct and conclusive.
8.5 7.4 In the event that the Purchaser stops payment or countermands on the bank draft for the Bidding Deposit and/or the Purchase Deposit, the Property may be put up for sale at a date and time to be fixed by the Assignee/Bank. The cost and expenses of, in connection with and resulting from such resale together with any deficiency in the price obtained at the resale comparing to the price obtained in the aforesaid sale shall be recoverable from the defaulting Purchaser. A certificate by an officer of the Assignee/Bank as to the costs and expenses of, in connection with and resulting from such resale shall be accepted by the Purchaser as correct and conclusive.
7.5 The balance of the TPP (“Balance Purchase Price”) shall be paid in full by the Purchaser to the Assignee/Bank or to the Solicitors within NINETY ninety (90) DAYS without any extension days from the date of the auction sale by bank draft only RENTAS/BANK DRAFT/CASHIER’S ORDER drawn in favour of BANK ISLAM MALAYSIA BERHAD. The Purchaser shall at his own costs and expenses apply to the relevant State Authority AmBank (M) Berhad for the consent to transfer not later than 14 a/c of (Xxxx Xxxx Xxxx/Yap Yoke Fang) and that there shall be no extension of the period so specified. However, the period of ninety (90) days from the date of sale and procure the consent to transfer from the State Authority not later than 3 months from the date of sale, or such other extended period as may be granted extended by the Assignee/Lender as Bank at its absolute discretion from time upon written request by the Purchaser before the expiry date provided that if an extension is granted, the Purchaser shall pay to time and the purchaser shall be liable Assignee/Bank late payment charges/compensation at the rate/amount to pay penalty cum administrative charges which will be determined by the bank accordinglyAssignee/Bank at its absolute discretion on the Balance Purchase Price calculated on a daily basis for the duration of the extended period granted and such late payment charges/compensation shall be paid by the Purchaser in the manner and time stipulated by the Assignee/Bank.
8.6 7.6 In the event that the Purchaser defaults in complying with any of the conditions herein or fails to pay the Balance Purchase Price within the time allowedor extended time as the case may be and in the manner as stipulated in Clause 6.5 above, then the Assignee may (without prejudice to their rights for specific performance) treat such default as a repudiation of the contract and terminate the sale without notice in which event the Bidding Deposit and the Purchase Deposit together with the late payment charges/compensation (if any) paid under clauses 3 and 8.2 Clause 6.2 above shall be forfeited by the Assignee/Bank and the property may again be put up on for sale at a date and time to be fixed by the Assignee/Bank. The costs and expenses of, in connection with and resulting from such resale together with any deficiency in the price obtained in the resale comparing to the price obtained in the aforesaid sale shall be recoverable from the defaulting Purchaser. A certificate by an officer of the Assignee/Bank as to the costs and expenses of, in connection with and resulting from such resale shall be accepted by the Purchaser as binding, correct and conclusive.
7.7 Subject to Clause 7.1, 7.2, 7.3, 7.4, 7.5 and 7.6 hereof, for property which is still under progressive constructions stage, the Purchaser shall:-
(a) In the event that the Purchaser shall require a loan to enable him/her to complete the purchase herein, the Purchaser shall within time stipulated in Clause 7.5 hereof, cause his/her financier to issue a letter of undertaking to pay the balance progressive payment in accordance with the schedule of the principal Sale and Purchase Agreement made in favour of the Developer from his/her financier and to release the Assignee/Bank from its original undertaking;
(b) In the event that the Purchaser shall not require a loan to enable him/her to complete the purchase herein, the Purchaser shall within time stipulated in Clause 7.5 hereof, procure a bank guarantee to pay the balance progressive payment in accordance with the schedule of the principal Sale and Purchase Agreement made in favour of the Developer from his/her financier and to release the Assignee/Bank from its original undertaking;
(c) Any payment due and payable to the Developer after the date of sale, including the balance progressive payment in accordance with the schedule of the principal Sale and Purchase Agreement, charges, interest and penalty as a result of the delay by the Purchaser in giving any undertaking/bank guarantee stated in Clause 7.7(a) & (b) hereof, shall be borne by the Purchaser absolutely; and
(d) In the event that the Purchaser shall fail, neglect and/or refuse to procure a letter of undertaking/bank guarantee mentioned in the manner and at the times reserved in Clause 7.7 (a) & (b) hereof, the Assignee/Bank shall be entitled to terminate the sale by a notice in writing to the Purchaser whereupon the Purchase Deposit referred in Clause 7.2 shall be forfeited by the Assignee/Bank and the Property may again be put up for sale at a date and time to be fixed by the Assignee/Bank. The costs and expenses of, in connection with and resulting from such resale together with any deficiency in the price obtained in the resale comparing to the price obtained in the aforesaid sale shall be recoverable from the defaulting Purchaser. A certificate by an officer of the Assignee/Bank as to the costs and expenses of, in connection with and resulting from such resale shall be accepted by the Purchaser as correct and conclusive.
Appears in 2 contracts
Samples: Perjanjian Pinjaman Komposit, Perjanjian Pinjaman Komposit
PAYMENT. 8.1 7.1 Immediately after the fall of the hammer, the successful bidder (“Purchaser”) Purchaser shall sign the Memorandum at the foot of these conditions. For online bidders please refer to the Terms & Conditions on xxx.xxxxxxxxxxxxxxx.xxx for the manner of payment of the same.
8.2 7.2 In the event that the Total Purchase Price total purchase price (“TPP”) is higher than the Reserved Reserve Price, the Purchaser declared by the Auctioneer shall immediately pay to the Auctioneer a sum (“Differential Sum”) equivalent to the difference between ten per centum cent (10%) of the PD TPP (“Purchase Deposit”) and the Bidding Deposit either in cash or bank draft/draft or cashier’s order drawn in favour of BANK ISLAM MALAYSIA BERHADAmBank Islamic Berhad for the a/c of (Xxxxxx Xxxxxx Xxx Xxx Xxxx), as payment of deposit and towards part payment of TPP.
8.3 7.3 In the event that the purchaser Purchaser fails to pay the Differential Sum or fails to sign the said Memorandum, the Bidding Deposit shall be forfeited by the Assignee/Bank and the property Property may be put up for sale again at a date and time to be fixed by the Assignee/Bank. The cost and expenses of, in connection with and resulting from such resale together with any deficiency in the price obtained at the resale comparing to the price obtained in the aforesaid sale shall be recoverable from the defaulting Purchaser. A certificate by an officer of the Assignee/Bank as to the costs and expenses of, in connection with, resulting from such resale shall be accepted by the Purchaser as binding, correct and conclusive.
8.4 In the event the Purchaser stops payment or countermands on the bank draft of the Bidding Deposit and/or the Purchase Deposit the property may be put up for sale at a date and time to be fixed by the Assignee/Bank. The costs and expenses of, in connection with and resulting from such resale together with any deficiency in the price obtained at the resale comparing to the price obtained in the aforesaid sale shall be recoverable from the defaulting Purchaser. A certificate by an officer of the Assignee/Bank as to the costs and expenses of, in connection with and resulting from such resale shall be accepted by the Purchaser as binding, correct and conclusive.
8.5 7.4 In the event that the Purchaser stops payment or countermands on the bank draft for the Bidding Deposit and/or the Purchase Deposit, the Property may be put up for sale at a date and time to be fixed by the Assignee/Bank. The cost and expenses of, in connection with and resulting from such resale together with any deficiency in the price obtained at the resale comparing to the price obtained in the aforesaid sale shall be recoverable from the defaulting Purchaser. A certificate by an officer of the Assignee/Bank as to the costs and expenses of, in connection with and resulting from such resale shall be accepted by the Purchaser as correct and conclusive.
7.5 The balance of the TPP (“Balance Purchase Price”) shall be paid in full by the Purchaser to the Assignee/Bank or to the Solicitors within NINETY ninety (90) DAYS without any extension days from the date of the auction sale by bank draft only RENTAS/BANK DRAFT/CASHIER’S ORDER drawn in favour of BANK ISLAM MALAYSIA BERHAD. The Purchaser shall at his own costs and expenses apply to the relevant State Authority AmBank Islamic Berhad for the consent to transfer not later than 14 a/c of (Xxxxxx Xxxxxx Xxx Xxx Xxxx) and that there shall be no extension of the period so specified. However, the period of ninety (90) days from the date of sale and procure the consent to transfer from the State Authority not later than 3 months from the date of sale, or such other extended period as may be granted extended by the Assignee/Lender as Bank at its absolute discretion from time upon written request by the Purchaser before the expiry date provided that if an extension is granted, the Purchaser shall pay to time and the purchaser shall be liable Assignee/Bank late payment charges/compensation at the rate/amount to pay penalty cum administrative charges which will be determined by the bank accordinglyAssignee/Bank at its absolute discretion on the Balance Purchase Price calculated on a daily basis for the duration of the extended period granted and such late payment charges/compensation shall be paid by the Purchaser in the manner and time stipulated by the Assignee/Bank.
8.6 7.6 In the event that the Purchaser defaults in complying with any of the conditions herein or fails to pay the Balance Purchase Price within the time allowedor extended time as the case may be and in the manner as stipulated in Clause 6.5 above, then the Assignee may (without prejudice to their rights for specific performance) treat such default as a repudiation of the contract and terminate the sale without notice in which event the Bidding Deposit and the Purchase Deposit together with the late payment charges/compensation (if any) paid under clauses 3 and 8.2 Clause 6.2 above shall be forfeited by the Assignee/Bank and the property may again be put up on for sale at a date and time to be fixed by the Assignee/Bank. The costs and expenses of, in connection with and resulting from such resale together with any deficiency in the price obtained in the resale comparing to the price obtained in the aforesaid sale shall be recoverable from the defaulting Purchaser. A certificate by an officer of the Assignee/Bank as to the costs and expenses of, in connection with and resulting from such resale shall be accepted by the Purchaser as binding, correct and conclusive.
7.7 Subject to Clause 7.1, 7.2, 7.3, 7.4, 7.5 and 7.6 hereof, for property which is still under progressive constructions stage, the Purchaser shall:-
(a) In the event that the Purchaser shall require a financing to enable him/her to complete the purchase herein, the Purchaser shall within time stipulated in Clause 7.5 hereof, cause his/her financier to issue a letter of undertaking to pay the balance progressive payment in accordance with the schedule of the principal Sale and Purchase Agreement made in favour of the Developer from his/her financier and to release the Assignee/Bank from its original undertaking;
(b) In the event that the Purchaser shall not require a financing to enable him/her to complete the purchase herein, the Purchaser shall within time stipulated in Clause 7.5 hereof, procure a bank guarantee to pay the balance progressive payment in accordance with the schedule of the principal Sale and Purchase Agreement made in favour of the Developer from his/her financier and to release the Assignee/Bank from its original undertaking;
(c) Any payment due and payable to the Developer after the date of sale, including the balance progressive payment in accordance with the schedule of the principal Sale and Purchase Agreement, charges, late payment charge as a result of the delay by the Purchaser in giving any undertaking/bank guarantee stated in Clause 7.7(a) & (b) hereof, shall be borne by the Purchaser absolutely; and
(d) In the event that the Purchaser shall fail, neglect and/or refuse to procure a letter of undertaking/bank guarantee mentioned in the manner and at the times reserved in Clause 7.7 (a) & (b) hereof, the Assignee/Bank shall be entitled to terminate the sale by a notice in writing to the Purchaser whereupon the Purchase Deposit referred in Clause 7.2 shall be forfeited by the Assignee/Bank and the Property may again be put up for sale at a date and time to be fixed by the Assignee/Bank. The costs and expenses of, in connection with and resulting from such resale together with any deficiency in the price obtained in the resale comparing to the price obtained in the aforesaid sale shall be recoverable from the defaulting Purchaser. A certificate by an officer of the Assignee/Bank as to the costs and expenses of, in connection with and resulting from such resale shall be accepted by the Purchaser as correct and conclusive.
Appears in 2 contracts
Samples: Perjanjian Kemudahan Induk, Perjanjian Kemudahan Induk
PAYMENT. 8.1 Immediately after the fall of the hammer, the successful bidder (“Purchaser”) shall sign the Memorandum at the foot of these conditions. For online bidders please refer to the Terms & Conditions on xxx.xxxxxxxxxxxxxxx.xxx for the manner of payment of the same.
8.2 In the event that the Total Purchase Price (“TPP”) is higher than the Reserved Price, the Purchaser declared by the Auctioneer shall immediately pay to the Auctioneer a sum (Differential Sum) equivalent to the difference between ten per centum (10%) of the PD (“Purchase Deposit”) and the Bidding Deposit either in cash or bank draft/cashier’s order drawn in favour of BANK ISLAM MALAYSIA BERHAD, as payment of deposit and towards part payment of TPP.
8.3 In the event the purchaser fails to pay the Differential Sum or fails to sign the said Memorandum, the Bidding Deposit shall be forfeited by the Assignee/Bank Financier and the property may be put up for sale again at a date and time to be fixed by the Assignee/BankFinancier. The cost and expenses of, in connection with and resulting from such resale together with any deficiency in the price obtained at the resale comparing to the price obtained in the aforesaid sale shall be recoverable from the defaulting Purchaser. A certificate by an officer of the Assignee/Bank Financier as to the costs and expenses of, in connection with, resulting from such resale shall be accepted by the Purchaser as binding, correct and conclusive.
8.4 In the event the Purchaser stops payment or countermands on the bank draft of the Bidding Deposit and/or the Purchase Deposit the property may be put up for sale at a date and time to be fixed by the Assignee/BankFinancier. The costs and expenses of, in connection with and resulting from such resale together with any deficiency in the price obtained at the resale comparing to the price obtained in the aforesaid sale shall be recoverable from the defaulting Purchaser. A certificate by an officer of the Assignee/Bank Financier as to the costs and expenses of, in connection with and resulting from such resale shall be accepted by the Purchaser as binding, correct and conclusive.
8.5 The balance of the TPP (“Balance Purchase Price”) shall be paid by the Purchaser within NINETY (90) DAYS without any extension from the date of the sale by bank draft only drawn in favour of BANK ISLAM MALAYSIA BERHAD. The Purchaser shall at his own costs and expenses apply to the relevant State Authority for the consent to transfer not later than 14 days from the date of sale and procure the consent to transfer from the State Authority not later than 3 months from the date of sale, or such other extended period as may be granted by the Assignee/Lender as its absolute discretion from time to time and the purchaser shall be liable to pay penalty cum administrative charges which will be determined by the bank accordingly.
8.6 In the event that the Purchaser defaults in complying with any of the conditions herein or fails to pay the Balance Purchase Price within the time allowed, then the Assignee may (without prejudice to their rights for specific performance) treat such default as a repudiation of the contract and terminate the sale without notice in which event the Bidding Deposit and the Purchase Deposit paid under clauses 3 and 8.2 above shall be forfeited by the Assignee/Bank Financier and the property may again be put up on sale at a date and time to be fixed by the Assignee/BankFinancier. The costs and expenses of, in connection with and resulting from such resale together with any deficiency in the price obtained in the resale comparing to the price obtained in the aforesaid sale shall be recoverable from the defaulting Purchaser. A certificate by an officer of the Assignee/Bank Financier as to the costs and expenses of, in connection with and resulting from such resale shall be accepted by the Purchaser as binding, correct and conclusive.
Appears in 1 contract
Samples: Perjanjian Kemudahan Induk Tawarruq Pembiayaan I Hartanah
PAYMENT. 8.1 7.1 Immediately after the fall of the hammer, the successful bidder (“Purchaser”) Purchaser shall sign the Memorandum at the foot of these conditions. For online bidders please refer to the Terms & Conditions on xxx.xxxxxxxxxxxxxxx.xxx for the manner of payment of the same.
8.2 7.2 In the event that the Total Purchase Price total purchase price (“TPP”) is higher than the Reserved Reserve Price, the Purchaser declared by the Auctioneer shall immediately pay to the Auctioneer a sum (“Differential Sum”) equivalent to the difference between ten per centum cent (10%) of the PD TPP (“Purchase Deposit”) and the Bidding Deposit either in cash or bank draft/draft or cashier’s order drawn in favour of BANK ISLAM MALAYSIA BERHADAmBank (M) Berhad for the a/c of (Xxxxxxxxxx Xxxxx Xxxxxx & Xxx Xxxxxx Xxx Xxx Xxxxxx), as payment of deposit and towards part payment of TPP.
8.3 7.3 In the event that the purchaser Purchaser fails to pay the Differential Sum or fails to sign the said Memorandum, the Bidding Deposit shall be forfeited by the Assignee/Bank and the property Property may be put up for sale again at a date and time to be fixed by the Assignee/Bank. The cost and expenses of, in connection with and resulting from such resale together with any deficiency in the price obtained at the resale comparing to the price obtained in the aforesaid sale shall be recoverable from the defaulting Purchaser. A certificate by an officer of the Assignee/Bank as to the costs and expenses of, in connection with, resulting from such resale shall be accepted by the Purchaser as binding, correct and conclusive.
8.4 In the event the Purchaser stops payment or countermands on the bank draft of the Bidding Deposit and/or the Purchase Deposit the property may be put up for sale at a date and time to be fixed by the Assignee/Bank. The costs and expenses of, in connection with and resulting from such resale together with any deficiency in the price obtained at the resale comparing to the price obtained in the aforesaid sale shall be recoverable from the defaulting Purchaser. A certificate by an officer of the Assignee/Bank as to the costs and expenses of, in connection with and resulting from such resale shall be accepted by the Purchaser as binding, correct and conclusive.
8.5 7.4 In the event that the Purchaser stops payment or countermands on the bank draft for the Bidding Deposit and/or the Purchase Deposit, the Property may be put up for sale at a date and time to be fixed by the Assignee/Bank. The cost and expenses of, in connection with and resulting from such resale together with any deficiency in the price obtained at the resale comparing to the price obtained in the aforesaid sale shall be recoverable from the defaulting Purchaser. A certificate by an officer of the Assignee/Bank as to the costs and expenses of, in connection with and resulting from such resale shall be accepted by the Purchaser as correct and conclusive.
7.5 The balance of the TPP (“Balance Purchase Price”) shall be paid in full by the Purchaser to the Assignee/Bank or to the Solicitors within NINETY ninety (90) DAYS without any extension days from the date of the auction sale by bank draft only RENTAS/BANK DRAFT/CASHIER’S ORDER drawn in favour of BANK ISLAM MALAYSIA BERHAD. The Purchaser shall at his own costs and expenses apply to the relevant State Authority AmBank (M) Berhad for the consent to transfer not later than 14 a/c of (Mazniyatun Binti Hamsah & Abu Xxxxxx Xxx Xxx Xxxxxx) and that there shall be no extension of the period so specified. However, the period of ninety (90) days from the date of sale and procure the consent to transfer from the State Authority not later than 3 months from the date of sale, or such other extended period as may be granted extended by the Assignee/Lender as Bank at its absolute discretion from time upon written request by the Purchaser before the expiry date provided that if an extension is granted, the Purchaser shall pay to time and the purchaser shall be liable Assignee/Bank late payment charges/compensation at the rate/amount to pay penalty cum administrative charges which will be determined by the bank accordinglyAssignee/Bank at its absolute discretion on the Balance Purchase Price calculated on a daily basis for the duration of the extended period granted and such late payment charges/compensation shall be paid by the Purchaser in the manner and time stipulated by the Assignee/Bank.
8.6 7.6 In the event that the Purchaser defaults in complying with any of the conditions herein or fails to pay the Balance Purchase Price within the time allowedor extended time as the case may be and in the manner as stipulated in Clause 7.5 above, then the Assignee may (without prejudice to their rights for specific performance) treat such default as a repudiation of the contract and terminate the sale without notice in which event the Bidding Deposit and the Purchase Deposit together with the late payment charges/compensation (if any) paid under clauses 3 and 8.2 Clause 7.2 above shall be forfeited by the Assignee/Bank and the property may again be put up on for sale at a date and time to be fixed by the Assignee/Bank. The costs and expenses of, in connection with and resulting from such resale together with any deficiency in the price obtained in the resale comparing to the price obtained in the aforesaid sale shall be recoverable from the defaulting Purchaser. A certificate by an officer of the Assignee/Bank as to the costs and expenses of, in connection with and resulting from such resale shall be accepted by the Purchaser as binding, correct and conclusive.
7.7 Subject to Clause 7.1, 7.2, 7.3, 7.4, 7.5 and 7.6 hereof, for property which is still under progressive constructions stage, the Purchaser shall:-
(a) In the event that the Purchaser shall require a loan to enable him/her to complete the purchase herein, the Purchaser shall within time stipulated in Clause 7.5 hereof, cause his/her financier to issue a letter of undertaking to pay the balance progressive payment in accordance with the schedule of the principal Sale and Purchase Agreement made in favour of the Developer from his/her financier and to release the Assignee/Bank from its original undertaking;
(b) In the event that the Purchaser shall not require a loan to enable him/her to complete the purchase herein, the Purchaser shall within time stipulated in Clause 7.5 hereof, procure a bank guarantee to pay the balance progressive payment in accordance with the schedule of the principal Sale and Purchase Agreement made in favour of the Developer from his/her financier and to release the Assignee/Bank from its original undertaking;
(c) Any payment due and payable to the Developer after the date of sale, including the balance progressive payment in accordance with the schedule of the principal Sale and Purchase Agreement, charges, interest and penalty as a result of the delay by the Purchaser in giving any undertaking/bank guarantee stated in Clause 7.7(a) & (b) hereof, shall be borne by the Purchaser absolutely; and
(d) In the event that the Purchaser shall fail, neglect and/or refuse to procure a letter of undertaking/bank guarantee mentioned in the manner and at the times reserved in Clause 7.7 (a) & (b) hereof, the Assignee/Bank shall be entitled to terminate the sale by a notice in writing to the Purchaser whereupon the Purchase Deposit referred in Clause 7.2 shall be forfeited by the Assignee/Bank and the Property may again be put up for sale at a date and time to be fixed by the Assignee/Bank. The costs and expenses of, in connection with and resulting from such resale together with any deficiency in the price obtained in the resale comparing to the price obtained in the aforesaid sale shall be recoverable from the defaulting Purchaser. A certificate by an officer of the Assignee/Bank as to the costs and expenses of, in connection with and resulting from such resale shall be accepted by the Purchaser as correct and conclusive.
Appears in 1 contract
Samples: Perjanjian Kemudahan, Penyerahanhak Dan Surat Kuasa Wakil
PAYMENT. 8.1 Immediately after the fall of the hammer, the successful bidder (“Purchaser”) shall sign the Memorandum at the foot of these conditions. For online bidders please refer to the Terms & Conditions on xxx.xxxxxxxxxxxxxxx.xxx for the manner of payment of the same.
8.2 In the event that the Total Purchase Price (“TPP”) is higher than the Reserved Price, the Purchaser declared by the Auctioneer shall immediately pay to the Auctioneer a sum (Differential Sum) equivalent to the difference between ten per centum (10%) of the PD (“Purchase Deposit”) and the Bidding Deposit either in cash or bank draft/cashier’s order drawn in favour of BANK ISLAM MALAYSIA BERHAD, as payment of deposit and towards part payment of TPP.
8.3 In the event the purchaser fails to pay the Differential Sum or fails to sign the said Memorandum, the Bidding Deposit shall be forfeited by the Assignee/Bank and the property may be put up for sale again at a date and time to be fixed by the Assignee/Bank. The cost and expenses of, in connection with and resulting from such resale together with any deficiency in the price obtained at the resale comparing to the price obtained in the aforesaid sale shall be recoverable from the defaulting Purchaser. A certificate by an officer of the Assignee/Bank as to the costs and expenses of, in connection with, resulting from such resale shall be accepted by the Purchaser as binding, correct and conclusive.
8.4 In the event the Purchaser stops payment or countermands on the bank draft of the Bidding Deposit and/or the Purchase Deposit the property may be put up for sale at a date and time to be fixed by the Assignee/Bank. The costs and expenses of, in connection with and resulting from such resale together with any deficiency in the price obtained at the resale comparing to the price obtained in the aforesaid sale shall be recoverable from the defaulting Purchaser. A certificate by an officer of the Assignee/Bank as to the costs and expenses of, in connection with and resulting from such resale shall be accepted by the Purchaser as binding, correct and conclusive.
8.5 The balance of the TPP (“Balance Purchase Price”) shall be paid by the Purchaser within NINETY (90) DAYS without any extension from the date of the sale by bank draft only drawn in favour of BANK ISLAM MALAYSIA BERHAD. The Purchaser shall at his own costs and expenses apply to the relevant State Authority for the consent to transfer not later than 14 days from the date of sale and procure the consent to transfer from the State Authority not later than 3 months from the date of sale, or such other extended period as may be granted by the Assignee/Lender as its absolute discretion from time to time and the purchaser shall be liable to pay penalty cum administrative charges which will be determined by the bank accordingly.
8.6 In the event that the Purchaser defaults in complying with any of the conditions herein or fails to pay the Balance Purchase Price within the time allowed, then the Assignee may (without prejudice to their rights for specific performance) treat such default as a repudiation of the contract and terminate the sale without notice in which event the Bidding Deposit and the Purchase Deposit paid under clauses 3 and 8.2 above shall be forfeited by the Assignee/Bank and the property may again be put up on sale at a date and time to be fixed by the Assignee/Bank. The costs and expenses of, in connection with and resulting from such resale together with any deficiency in the price obtained in the resale comparing to the price obtained in the aforesaid sale shall be recoverable from the defaulting Purchaser. A certificate by an officer of the Assignee/Bank as to the costs and expenses of, in connection with and resulting from such resale shall be accepted by the Purchaser as binding, correct and conclusive.
Appears in 1 contract
Samples: Perjanjian Jualan Hartanah
PAYMENT. 8.1 7.1 Immediately after the fall of the hammer, the successful bidder (“Purchaser”) Purchaser shall sign the Memorandum at the foot of these conditions. For online bidders please refer to the Terms & Conditions on xxx.xxxxxxxxxxxxxxx.xxx for the manner of payment of the same.
8.2 7.2 In the event that the Total Purchase Price total purchase price (“TPP”) is higher than the Reserved Reserve Price, the Purchaser declared by the Auctioneer shall immediately pay to the Auctioneer a sum (“Differential Sum”) equivalent to the difference between ten per centum cent (10%) of the PD TPP (“Purchase Deposit”) and the Bidding Deposit either in cash or bank draft/draft or cashier’s order drawn in favour of BANK ISLAM MALAYSIA BERHADAmBank (M) Berhad for the a/c of (Arnakusah Binti Zaqaria), as payment of deposit and towards part payment of TPP.
8.3 7.3 In the event that the purchaser Purchaser fails to pay the Differential Sum or fails to sign the said Memorandum, the Bidding Deposit shall be forfeited by the Assignee/Bank and the property Property may be put up for sale again at a date and time to be fixed by the Assignee/Bank. The cost and expenses of, in connection with and resulting from such resale together with any deficiency in the price obtained at the resale comparing to the price obtained in the aforesaid sale shall be recoverable from the defaulting Purchaser. A certificate by an officer of the Assignee/Bank as to the costs and expenses of, in connection with, resulting from such resale shall be accepted by the Purchaser as binding, correct and conclusive.
8.4 In the event the Purchaser stops payment or countermands on the bank draft of the Bidding Deposit and/or the Purchase Deposit the property may be put up for sale at a date and time to be fixed by the Assignee/Bank. The costs and expenses of, in connection with and resulting from such resale together with any deficiency in the price obtained at the resale comparing to the price obtained in the aforesaid sale shall be recoverable from the defaulting Purchaser. A certificate by an officer of the Assignee/Bank as to the costs and expenses of, in connection with and resulting from such resale shall be accepted by the Purchaser as binding, correct and conclusive.
8.5 7.4 In the event that the Purchaser stops payment or countermands on the bank draft for the Bidding Deposit and/or the Purchase Deposit, the Property may be put up for sale at a date and time to be fixed by the Assignee/Bank. The cost and expenses of, in connection with and resulting from such resale together with any deficiency in the price obtained at the resale comparing to the price obtained in the aforesaid sale shall be recoverable from the defaulting Purchaser. A certificate by an officer of the Assignee/Bank as to the costs and expenses of, in connection with and resulting from such resale shall be accepted by the Purchaser as correct and conclusive.
7.5 The balance of the TPP (“Balance Purchase Price”) shall be paid in full by the Purchaser to the Assignee/Bank or to the Solicitors within NINETY ninety (90) DAYS without any extension days from the date of the auction sale by bank draft only RENTAS/BANK DRAFT/CASHIER’S ORDER drawn in favour of BANK ISLAM MALAYSIA BERHAD. The Purchaser shall at his own costs and expenses apply to the relevant State Authority AmBank (M) Berhad for the consent to transfer not later than 14 a/c of (Arnakusah Binti Zaqaria) and that there shall be no extension of the period so specified. However, the period of ninety (90) days from the date of sale and procure the consent to transfer from the State Authority not later than 3 months from the date of sale, or such other extended period as may be granted extended by the Assignee/Lender as Bank at its absolute discretion from time upon written request by the Purchaser before the expiry date provided that if an extension is granted, the Purchaser shall pay to time and the purchaser shall be liable Assignee/Bank late payment charges/compensation at the rate/amount to pay penalty cum administrative charges which will be determined by the bank accordinglyAssignee/Bank at its absolute discretion on the Balance Purchase Price calculated on a daily basis for the duration of the extended period granted and such late payment charges/compensation shall be paid by the Purchaser in the manner and time stipulated by the Assignee/Bank.
8.6 7.6 In the event that the Purchaser defaults in complying with any of the conditions herein or fails to pay the Balance Purchase Price within the time allowedor extended time as the case may be and in the manner as stipulated in Clause 6.5 above, then the Assignee may (without prejudice to their rights for specific performance) treat such default as a repudiation of the contract and terminate the sale without notice in which event the Bidding Deposit and the Purchase Deposit together with the late payment charges/compensation (if any) paid under clauses 3 and 8.2 Clause 6.2 above shall be forfeited by the Assignee/Bank and the property may again be put up on for sale at a date and time to be fixed by the Assignee/Bank. The costs and expenses of, in connection with and resulting from such resale together with any deficiency in the price obtained in the resale comparing to the price obtained in the aforesaid sale shall be recoverable from the defaulting Purchaser. A certificate by an officer of the Assignee/Bank as to the costs and expenses of, in connection with and resulting from such resale shall be accepted by the Purchaser as binding, correct and conclusive.
7.7 Subject to Clause 7.1, 7.2, 7.3, 7.4, 7.5 and 7.6 hereof, for property which is still under progressive constructions stage, the Purchaser shall:-
(a) In the event that the Purchaser shall require a loan to enable him/her to complete the purchase herein, the Purchaser shall within time stipulated in Clause 7.5 hereof, cause his/her financier to issue a letter of undertaking to pay the balance progressive payment in accordance with the schedule of the principal Sale and Purchase Agreement made in favour of the Developer from his/her financier and to release the Assignee/Bank from its original undertaking;
(b) In the event that the Purchaser shall not require a loan to enable him/her to complete the purchase herein, the Purchaser shall within time stipulated in Clause 7.5 hereof, procure a bank guarantee to pay the balance progressive payment in accordance with the schedule of the principal Sale and Purchase Agreement made in favour of the Developer from his/her financier and to release the Assignee/Bank from its original undertaking;
(c) Any payment due and payable to the Developer after the date of sale, including the balance progressive payment in accordance with the schedule of the principal Sale and Purchase Agreement, charges, interest and penalty as a result of the delay by the Purchaser in giving any undertaking/bank guarantee stated in Clause 7.7(a) & (b) hereof, shall be borne by the Purchaser absolutely; and
(d) In the event that the Purchaser shall fail, neglect and/or refuse to procure a letter of undertaking/bank guarantee mentioned in the manner and at the times reserved in Clause 7.7 (a) & (b) hereof, the Assignee/Bank shall be entitled to terminate the sale by a notice in writing to the Purchaser whereupon the Purchase Deposit referred in Clause 7.2 shall be forfeited by the Assignee/Bank and the Property may again be put up for sale at a date and time to be fixed by the Assignee/Bank. The costs and expenses of, in connection with and resulting from such resale together with any deficiency in the price obtained in the resale comparing to the price obtained in the aforesaid sale shall be recoverable from the defaulting Purchaser. A certificate by an officer of the Assignee/Bank as to the costs and expenses of, in connection with and resulting from such resale shall be accepted by the Purchaser as correct and conclusive.
Appears in 1 contract
Samples: Perjanjian Pinjaman Komposit
PAYMENT. 8.1 Immediately after the fall of the hammer, the successful bidder (“Purchaser”) shall sign the Memorandum at the foot of these conditions. For online bidders please refer to the Terms & Conditions on xxx.xxxxxxxxxxxxxxx.xxx for the manner of payment of the same.
8.2 In the event that the Total Purchase Price (“TPP”) is higher than the Reserved Reserve Price, the Purchaser declared by the Auctioneer shall immediately pay to the Auctioneer a sum (Differential Sum) equivalent to the difference between ten per centum (10%) of the PD (“Purchase Deposit”) Deposit and the Bidding Deposit either in by cash or bank draft/cashier’s draft or cashiers order drawn in favour of BANK ISLAM KOPERASI CO-OPBANK PERTAMA MALAYSIA BERHAD, as payment of deposit and towards part payment of TPPPurchase Price.
8.3 In the event the purchaser Purchaser fails to pay the Differential Sum or fails to sign the said Memorandum, the Bidding Deposit shall be forfeited by the Assignee/Bank and the property Property may be put up for sale again at a date and time to be fixed by the Assignee/Bank. The cost and expenses of, in connection with and resulting from such resale together with any deficiency in the price obtained at the resale comparing to the price obtained in the aforesaid sale shall be recoverable from the defaulting Purchaser. A certificate by an officer of the Assignee/Bank as to the costs and expenses of, in connection with, resulting from such resale shall be accepted by the Purchaser as binding, correct and conclusive.
8.4 In the event the Purchaser stops payment or countermands on the bank draft of the Bidding Deposit and/or the Purchase Deposit Deposit, the property may be put up for sale at a date and time to be fixed by the Assignee/Bank. The costs and expenses of, of in connection with and resulting from such a resale together with any deficiency in the price obtained at the resale comparing to the price obtained in the aforesaid sale shall be recoverable from the defaulting Purchaser. A certificate by an officer of the Assignee/Bank as to the costs and expenses of, in connection with and resulting from such resale shall be accepted by the Purchaser as binding, correct and conclusive.
8.5 The balance of the TPP (“Balance Purchase Price”) Price shall be paid by the Purchaser within NINETY ONE HUNDRED AND TWENTY (90120) DAYS without any extension from the date of the sale sale, by bank draft only drawn in favour of BANK ISLAM KOPERASI CO-OPBANK PERTAMA MALAYSIA BERHAD. The Purchaser shall at his its own costs and expenses apply to the relevant State Authority Authorities for the consent to transfer not later than 14 fourteen (14) days from the date of sale and procure the consent to transfer from the State Authority Authorities not later than 3 three (3) months from the date of sale, or such other extended period as may be granted by the Assignee/Lender as Bank at its absolute discretion from time to time and the purchaser shall be liable to pay penalty cum administrative charges which will be determined by the bank accordinglytime.
8.6 In the event that the Purchaser defaults in complying with any of the conditions herein or fails to pay the Balance Purchase Price within the time allowed, then the Assignee Assignee/Bank may (without prejudice to their rights for specific performance) treat such default as a repudiation of the contract and terminate the sale without notice in which event the Bidding Deposit and the Purchase Deposit paid under clauses Clause 3 and Clause 8.2 above shall be forfeited by the Assignee/Bank and the property Property may again be put up on sale at a date and time to be fixed by the Assignee/Bank. The costs and expenses of, in connection with and resulting from such resale together with any deficiency in the price obtained in the resale comparing to the price obtained in the aforesaid sale shall be recoverable from the defaulting Purchaser. A certificate by an officer of the Assignee/Bank as to the costs and expenses of, in connection with and with, resulting from such resale shall be accepted by the Purchaser as binding, correct and conclusive.
Appears in 1 contract
Samples: Perjanjian Jual Dan Beli
PAYMENT. 8.1 7.1 Immediately after the fall of the hammer, the successful bidder (“Purchaser”) Purchaser shall sign the Memorandum at the foot of these conditions.
7.2 In the event that the total purchase price (“TPP”) is higher than the Reserve Price, the Purchaser declared by the Auctioneer shall immediately pay to the Auctioneer a sum (“Differential Sum”) equivalent to the difference between ten per cent (10%) of the TPP (“Purchase Deposit”) and the Bidding Deposit either in cash or bank draft or cashier’s order drawn in favour of AmBank Islamic Berhad (199401009897 (295576-U)) for the account of (Kanoh Salaeh [Administrator for the estate of the Deceased, Xxxxxx Xx Xxx Xxxxx Xxx Xxxxxxxx]) as payment of deposit and towards part payment of TPP. For online bidders please refer to the Terms & Conditions on xxx.xxxxxxxxxxxxxxx.xxx for the manner of payment of the same.
8.2 7.3 In the event that the Total Purchase Price (“TPP”) is higher than the Reserved Price, the Purchaser declared by the Auctioneer shall immediately pay to the Auctioneer a sum (Differential Sum) equivalent to the difference between ten per centum (10%) of the PD (“Purchase Deposit”) and the Bidding Deposit either in cash or bank draft/cashier’s order drawn in favour of BANK ISLAM MALAYSIA BERHAD, as payment of deposit and towards part payment of TPP.
8.3 In the event the purchaser fails to pay the Differential Sum or fails to sign the said Memorandum, the Bidding Deposit and the Late Payment Charges (“LPC”) shall be forfeited by the Assignee/Bank and the property Property may be put up for sale again at a date and time to be fixed by the Assignee/Bank. The cost and expenses of, in connection with and resulting from such resale together with any deficiency in the price obtained at the resale comparing to the price obtained in the aforesaid sale shall be recoverable from the defaulting Purchaser. A certificate by an officer of the Assignee/Bank as to the costs and expenses of, in connection with, resulting from such resale shall be accepted by the Purchaser as binding, correct and conclusive.
8.4 In the event the Purchaser stops payment or countermands on the bank draft of the Bidding Deposit and/or the Purchase Deposit the property may be put up for sale at a date and time to be fixed by the Assignee/Bank. The costs and expenses of, in connection with and resulting from such resale together with any deficiency in the price obtained at the resale comparing to the price obtained in the aforesaid sale shall be recoverable from the defaulting Purchaser. A certificate by an officer of the Assignee/Bank as to the costs and expenses of, in connection with and resulting from such resale shall be accepted by the Purchaser as binding, correct and conclusive.
8.5 7.4 In the event that the Purchaser stops payment or countermands on the bank draft for the Bidding Deposit and/or the Purchase Deposit, the Property may be put up for sale at a date and time to be fixed by the Assignee/Bank. The cost and expenses of, in connection with and resulting from such resale together with any deficiency in the price obtained at the resale comparing to the price obtained in the aforesaid sale shall be recoverable from the defaulting Purchaser. A certificate by an officer of the Assignee/Bank as to the costs and expenses of, in connection with and resulting from such resale shall be accepted by the Purchaser as correct and conclusive.
7.5 The balance of the TPP (“Balance Purchase Price”) shall be paid in full by the Purchaser to the Assignee/Bank or to the Solicitors within NINETY ninety (90) DAYS without any extension days from the date of the auction sale by bank draft only RENTAS/BANK DRAFT/CASHIER’S ORDER drawn in favour of BANK ISLAM MALAYSIA BERHAD. The Purchaser shall at his own costs and expenses apply to the relevant State Authority AmBank Islamic Berhad (199401009897 (295576- U)) for the consent to transfer not later than 14 account of (Kanoh Salaeh [Administrator for the estate of the Deceased, Xxxxxx Xx Xxx Xxxxx Xxx Xxxxxxxx]) and that there shall be no extension of the period so specified. However, the period of ninety (90) days from the date of sale and procure the consent to transfer from the State Authority not later than 3 months from the date of sale, or such other extended period as may be granted extended by the Assignee/Lender as Bank at its absolute discretion from time upon written request by the Purchaser before the expiry date provided that if an extension is granted, the Purchaser shall pay to time and the purchaser shall be liable Assignee/Bank LPC/compensation at the rate/amount to pay penalty cum administrative charges which will be determined by the bank accordinglyAssignee/Bank on the Balance Purchase Price calculated on a daily basis for the duration of the extended period granted and such LPC/compensation shall be paid by the Purchaser in the manner and time stipulated by the Assignee/Bank.
8.6 7.6 In the event that the Purchaser defaults in complying with any of the conditions herein or fails to pay the Balance Purchase Price within the time allowedor extended time as the case may be and in the manner as stipulated in Clause 7.5 above, then the Assignee may (without prejudice to their rights for specific performance) treat such default as a repudiation of the contract and terminate the sale without notice in which event the Bidding Deposit and the Purchase Deposit together with the LPC/compensation (if any) paid under clauses 3 and 8.2 Clause 7.2 above shall be forfeited by the Assignee/Bank and the property may again be put up on for sale at a date and time to be fixed by the Assignee/Bank. The costs and expenses of, in connection with and resulting from such resale together with any deficiency in the price obtained in the resale comparing to the price obtained in the aforesaid sale shall be recoverable from the defaulting Purchaser. A certificate by an officer of the Assignee/Bank as to the costs and expenses of, in connection with and resulting from such resale shall be accepted by the Purchaser as binding, correct and conclusive.
7.7 Subject to Clause 7.1, 7.2, 7.3, 7.4, 7.5 and 7.6 hereof, for property which is still under progressive constructions stage, the Purchaser shall:-
a) In the event that the Purchaser shall require a financing to enable him/her to complete the purchase herein, the Purchaser shall within time stipulated in Clause 7.5 hereof, cause his/her financier to issue a letter of undertaking to pay the balance progressive payment in accordance with the schedule of the principal Sale and Purchase Agreement made in favour of the Developer from his/her financier and to release the Assignee/Bank from its original undertaking;
b) In the event that the Purchaser shall not require a financing to enable him/her to complete the purchase herein, the Purchaser shall within time stipulated in Clause 7.5 hereof, procure a bank guarantee to pay the balance progressive payment in accordance with the schedule of the principal Sale and Purchase Agreement made in favour of the Developer from his/her financier and to release the Assignee/Bank from its original undertaking; c) Any payment due and payable to the Developer after the date of sale, including the balance progressive payment in accordance with the schedule of the principal Sale and Purchase Agreement, charges, LPC and penalty as a result of the delay by the Purchaser in giving any undertaking/bank guarantee stated in Clause 7.7(a) & (b) hereof, shall be borne by the Purchaser absolutely; and d) In the event that the Purchaser shall fail, neglect and/or refuse to procure a letter of undertaking/bank guarantee mentioned in the manner and at the times reserved in Clause 7.7 (a) & (b) hereof, the Assignee/Bank shall be entitled to terminate the sale by a notice in writing to the Purchaser whereupon the Purchase Deposit referred in Clause 7.2 shall be forfeited by the Assignee/Bank and the Property may again be put up for sale at a date and time to be fixed by the Assignee/Bank. The costs and expenses of, in connection with and resulting from such resale together with any deficiency in the price obtained in the resale comparing to the price obtained in the aforesaid sale shall be recoverable from the defaulting Purchaser. A certificate by an officer of the Assignee/Bank as to the costs and expenses of, in connection with and resulting from such resale shall be accepted by the Purchaser as correct and conclusive.
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Samples: Perjanjian Kemudahan