Term and Conditions

TERM AND CONDITIONS FOR ONLINE AUCTION

When a user applies to become a registered bidder (the “Registered Bidder”) or a registered vendor (the “Registered Vendor”), he/she/it represents to each participant of the Nilai Popular online auction system (the “NPOAS”) that he/she/it agrees to the terms and conditions (the “T&C”) herein.

All users, Registered Bidders and Registered Vendors are advised to read these T&C prior to registering as a Registered Bidder or a Registered Vendor, as the case may be, or prior to submitting any bid at any Nilai Popular online auction.

  1. Use of the E-Auction (Online system)

    1. Access to, and the use of this Nilai Popular website and the NPOAS is governed by the following T&C and to your agreement thereto.

    2. All trademarks, copyright, database rights and other intellectual property rights of any nature in the NPOAS and this Nilai Popular website, together with the underlying source codes, shall be the sole property of Nilai Popular Sdn. Bhd. (“NPSB”).

    3. Registered Bidders and Registered Vendors shall not, nor allow any third party to, reproduce and distribute any copy of the NPOAS software application or the T&C without the written consent of NPSB.

    4. By participating in the online auction, the Registered Bidder hereby agrees and accepts that:

      1. All vehicles sold in the online auction are sold on an “as is, where is” basis and the physical condition of any vehicle auctioned is deemed to be satisfactory to the Registered Bidder, based on his/her independent judgment;

      2. The Registered Bidder voluntarily participates in the online auction and at his/her own risk; and

      3. The Registered Bidder has read, understood and agreed to be bound by these T&C.

    5. By participating in the online auction, the Registered Vendor hereby agrees and accepts that:

      1. The Registered Vendor has truthfully declared the condition of vehicle to be sold as required by NPSB prior to the vehicle being put onto the NPOAS for online auction;

      2. The Registered Vendor voluntarily participates in the online auction and at his/her own risk; and

      3. The Registered Vendor has read, understood and agreed to be bound by these T&C.

    6. Pursuant to clause 1(e) above, notwithstanding that vehicles are to be auctioned and sold on an “as is, where is” basis, the Registered Vendor is obligated to truthfully declare the condition of vehicles intended to be put onto the NPOAS for online auction, including the following:

      1. Whether the vehicle was subject to flood water or contamination caused by flood water;

      2. Whether the vehicle was involved in a major accident;

      3. History of all insurance claims;

      4. Whether the vehicle was previously written-off (e.g., total loss); and

      5. Whether the vehicle is encumbered in any way.

    7. In the event of a dispute between the Registered Bidder who successfully bid for a vehicle (the “Successful Registered Bidder”) and the Registered Vendor in respect of the condition of the vehicle auctioned/sold, NPSB and/or any appointed official/auctioneer shall be the sole and final arbiter, and the decision of NPSB and/or any appointed official/auctioneer shall be final and binding on the Successful Registered Bidder and the Registered Vendor.

    8. NPSB shall have the sole right to postpone, delay, call off or adjourn any online auction or any vehicle being auctioned at any time without having to provide any reason or ground therefor whatsoever, and such decision shall be final not be challenged in any court of law.

    9. Notwithstanding anything contained herein, NPSB reserves the right to cancel any sale and/or transaction, notwithstanding the finality of such sale and/or transaction following the fall of the auctioneer’s hammer, in the following circumstances:

      1. That there has been a misrepresentation of the technical specifications of the vehicle auctioned/sold; or

      2. Fraud, resulting in the auction/sale of the vehicle being nullified under law.

  2. Condition of Vehicles

    1. All vehicles sold in the online auction are sold on an “as is, where is” basis and the physical condition of any vehicle auctioned is deemed to be satisfactory to the Successful Registered Bidder, based on his/her independent judgment.

    2. Expenses or fees incurred by any person making an inspection of any vehicle being auctioned shall be borne solely the person ordering the inspection.

  3. Vehicle Relocation

    1. The Registered Vendor is solely responsible to produce his/her/its vehicle(s) to NPSB’s premises using any of the following methods:

      1. Self-delivery; or

      2. Pick-up delivery by transport agent/contractor.

    2. The cost of relocation of any vehicle by the Registered Vendor shall be borne solely by the Registered Vendor.

  4. Registered Bidders

    1. All users seeking to register to be a Registered Bidder must complete the procedures required by the NPOAS on the Nilai Popular website, including the following:

      1. Entering his/her/its information;

      2. Uploading his/her Malaysian identity card/MyKad (in the case of individual bidder) and Suruhanjaya Syarikat Malaysia (“SSM”) certificate (in the case of corporate bidder);

      3. Entering his/her/its email (required for account confirmation purposes);

      4. Purchasing bid tokens online (one token is required for each vehicle bid for);

      5. Making payment for online bid tokens using any bank’s automated teller machine (“ATM”) or Internet banking transfer;

      6. Uploading his/her/its proof of payment by submitting a screen shot of the payment transaction receipt;

    2. Prior to every online auction, Registered Bidders will be required to purchase and fund the bid tokens needed to participate on the online auction.

    3. Any error, misstatement, omission or wrongful/erroneous description of the vehicle sold in any document will NOT annul or invalidate the result of the online auction and/or the sale of the vehicle nor shall the same grant any right to the Successful Registered Bidder to make any claim in respect thereof, except against the Registered Vendor for such error, misstatement, omission or wrongful/erroneous description of the vehicle sold.

    4. Notwithstanding anything contained herein, it is understood and agreed that it is the vehicle auctioned/sold per se that shall be deemed as the subject matter of the online auction, while documentation and/or description of the vehicle, even though obligatory, shall be deemed secondary.

  1. Bidding Process

    1. During the online auction process, vehicles will be auctioned in accordance with their lot number in ascending order, including but not limited to the following:

      1. The lot number of the vehicle;

      2. A set of photos of the vehicle;

      3. Relevant information on the vehicle, such as the make, model, year of manufacture, odometer reading, etc.;

      4. Whether the vehicle is a repossessed vehicle and its legal owner (the Registered Vendor); and

      5. The reserve price; and

      6. The current bid price of the vehicle.

    2. Upon commencement of the auction, the Registered Bidder logs on and go to the “Bid Now” menu, and will be presented with the online bidding interface, whereupon he/she/it can commence bidding.

    3. To bid, the Registered Bidder clicks the “Bid” icon.

    4. Registered Bidders can communicate with the administrator of the NPOAS or the auctioneer on a real-time basis while bidding, and all messages are colour coded as follows:

      1. Grey coloured messages are the Registered Bidder’s bid on a particular vehicle;

      2. Yellow coloured messages are messages from the auctioneer; and

      3. Green coloured messages show which bidder (registered bidder at physical auction site or online Registered Bidders) won the bid for each vehicle, and at what bid price.

    5. Registered Bidders can bid at the next bid increment for the vehicle in question or bid at any amount he/she/it desires by entering that amount into a text box below the standard increment icon to break the incremental bid sequence.

    6. Once a bid is made, it is acknowledged on the Registered Bidder’s screen and he/she/it can see the bid.

    7. All subsequent bids by any bidder will also be shown on-screen.

    8. Where there is no bid for any vehicle, that vehicle will be withdrawn from the auction and the NPOAS will move on to the next vehicle being auctioned.

    9. The bidder with the highest bid price shall be declared the successful bidder of the vehicle.

    10. The final bid price shall be deemed the purchase price of the vehicle (the “Purchase Price”) upon the fall of the auctioneer’s hammer.

  2. Balance of Purchase Price

    1. The Purchase Price less any deposit paid (the “Balance Purchase Price”) shall be paid in full by the Successful Registered Bidder to NPSB within five (5) working days from the date of successful of bid (the “Payment Period”).

    2. Payment has to be made manually at the time of the collection of the vehicle.

    3. The Successful Registered Bidder shall also execute a Sales Agreement with NPSB simultaneous with the payment of Balance Purchase Price within the Payment Period.

    4. Provided the Successful Registered Bidder presents himself/herself at NPSB to collect the vehicle and complete all required documentation within five (5) days from the date of the successful bid, the Successful Registered Bidder shall be the only party deemed to be the successful bidder, and the NPOAS will generate all necessary documentation and invoice in his/her/its name.

    5. Any extension to the Payment Period shall be at the sole discretion of NPSB.

    6. NPSB has the right to impose a penalty not exceeding the higher of (i) RM500 or (ii) 1% of the Purchase Price (the “Penalty”) immediately after the expiry of any granted extension to the Payment Period.

    7. Upon the default of such payment of the Balance Purchase Price:

      1. the transaction will be deemed as a forfeited transaction, and the deposit paid by the Successful Registered Bidder and any bidder’s premium paid shall be forfeited by NPSB;

      2. The Registered Vendor may put the vehicle up for re-auction; and

      3. the defaulting Successful Registered Bidder shall be liable to the Registered Vendor for the cost of such re-auction together with the deficiency in price of the vehicle in any subsequent auction.

    8. If the Successful Registered Bidder fails and/or refuses to pay the Penalty for the extension above, NPSB shall have the right to not release the vehicle to the Successful Registered Bidder and shall deem the sale as a forfeited transaction, and proceed to forfeit the Successful Registered Bidder’s deposit and any bidder’s premium paid.

  3. Interim Transfer of Ownership

    1. PUSPAKOM inspection shall be performed prior to the transfer of ownership of the vehicle successfully bid for, for a fee of RM100, to be paid by the Successful Registered Bidder prior to the Interim/Temporary Transfer of Ownership.

    2. The Successful Registered Bidder shall be entitled to collect the vehicle from NPSB upon full payment of the Purchase Price of the vehicle and the stipulated bidder’s premium.

    3. The Registered Vendor shall execute and forward the following documents to the Registered Bidder within seven (7) days from the date NPSB receives payment of the full Purchase Price for purposes of the Interim Transfer of Ownership of the vehicle:

      1. National identity card/MyKad of owner/hirer;

      2. Original vehicle registration card (for JPJ K2 or JPJ K3, whichever applies);

      3. Form 49 of the Registered Vendor (for corporate Registered Vendors only);

      4. Form 9 (Company Endorsement Certificate) or Form 13 (Name Transfer Certificate) (for corporate Registered Vendors and if the vehicle is a trade vehicle only);

      5. A copy of the Minute of Board Directors meeting or a corporate resolution for the sale of the vehicle (for corporate Registered Vendors and if the vehicle is a trade vehicle only);

      6. A copy of e-Batal Hakmilik slip or a letter/stub of ownership claim cancellation by the registered owner;

      7. Where the transfer of ownership is/is to be carried out by an authorised representative of the Registered Vendor, a copy of the authorisation letter from the Registered Vendor to the said representative, together with a copy of the identification document of the director having signed on the authorisation letter (for corporate Registered Vendors only);

      8. Partnership Consent (for sole proprietor or partnership Registered Vendors only); and

      9. Approval Permit (“AP”) document (for imported vehicles only).

    4. Ownership of all vehicles sold will be transferred to the Successful Registered Bidder and the costs of such transfer will be borne solely by the Successful Registered Bidder.

  1. Refund

    1. A Registered Bidder shall be entitled to claim for refund only in the following circumstances:

      1. He/She/It was unsuccessful (or outbid) in the online auction;

      2. He/She/It did not bid; or

      3. The ownership of the vehicle cannot be transferred or the registration of the transfer of ownership to the new owner fails due to (x) outstanding criminal investigation by the relevant authorities, or (y) tampering of the vehicle’s engine number or chassis number, or (z) that the vehicle is a “cut and joined” vehicle and certified to be not roadworthy, but none of (x), (y) or (z) was stated in the remarks column of the Proclamation of Sales due to omission of the Registered Vendor.

    2. The deposit and bidder’s premium will be refundable as soon as practicable upon NPSB receiving a written request from the Registered Bidder.

    3. A Registered Bidder shall NOT be entitled to claim for refund under the following circumstances:

      1. The ownership of the vehicle cannot be transferred or the registration of the transfer of ownership to the new owner fails due to outstanding traffic summons, fines or penalty unpaid/unresolved by the previous owner;

      2. If the authorities gave a conditional approval for the vehicle’s transfer of ownership with the condition that certain defective parts of the vehicle were to be rectified/replaced; or

      3. Any other reason not specifically mentioned herein cited by the authorities which may render the registration of the transfer of ownership impossible.

  2. Limitation on NPSB Liability

Notwithstanding anything contained herein, the liability of NPSB shall be limited only to the bidder’s premium or auctioneer’s fee, whichever is applicable.

  1. Indemnity

The Registered Bidder and the Registered Vendor hereby jointly and severally undertake to indemnify NPSB and keep NPSB indemnified for any loss, damage and legal cost arising from any occurrence of NPSB being subjected to any litigation and/or dispute that may arise between the Registered Bidder and the Registered Vendor as a result of the auction.

  1. Penalty for Default

    1. The Registered Bidder hereby expressly agrees that NPSB has the right to impose a penalty in the event of default in the Sales Agreement by the Registered Bidder amounting to (i) the forfeiture of the Registered Bidder’s deposit plus any difference in pricing between the Registered Bidder’s Purchase Price in the default transaction and that achieved in the next auction (in the event of depreciation).

    2. The Registered Vendor hereby expressly agrees that NPSB has the right to impose a penalty in the event of default in the Sales Agreement by the Registered Vendor amounting to twice the value of the Registered Bidder’s deposit.

  2. Suspension of Service/Internet Connection/Compatible Devices

    1. NPSB expressly disclaims any representation or warranty that the NPOAS will be available for use by any user at any particular time or at all times, during or for the duration of any online auction or sale process, or at all.

    2. NPSB has the sole right, but not the obligation, to declare that the online auction or sale process is suspended or null and void (either generally or in regard to a particular Registered Bidder or person), and recommence the online auction or sale process at any point in time in the event of interruption to, or the unavailability of, the NPOAS during any online auction or sale process.

    3. NPSB may, from time to time, suspend the provision of the NPOAS at its sole discretion.

    4. Where possible, NPSB will notify all Registered Bidders and Registered Vendors in advance of the time and duration of any suspension of the NPOAS, but does not represent or warrant that it will do so on every occasion, or on any particular occasion or any occasion at all.

  3. Governing Law

These T&C are governed by, and shall be construed or interpreted in accordance with the laws of Malaysia. The Registered Bidders and Registered Vendors irrevocably submit to the non-exclusive jurisdiction of Malaysian courts for the purpose of hearing and determining any dispute arising out of these T&C or NPSB’s online auctions.

 

TERMS AND CONDITIONS OF SALE

  1. The sale is made by Nilai Popular Sdn. Bhd. (649661-K) (the "Auction House") as agents for the intended seller(s) or legal owner(s) (the "Legal Owner") of the vehicles listed in the Proclamation of Sale, subject to the regulations implied or upon or affecting the subject vehicles.

  2. All intending bidders are required to deposit with the Auction House a sum of Ringgit Malaysia One Thousand Five Hundred Sixty Five (RM1,565) (the "Deposit") by cash, credit card (MasterCard or Visa only) and bank draft payable to NILAI POPULAR SDN. BHD. and is required to sign a registration form prior to the auction. All intending bidders are also required to verify their identity by producing their identity card to a representative of the Auction House prior to the commencement of the auction, failing which they will not be entitled to bid. Any intending bidder who intends to bid on behalf of another person, body corporate or firm is required to deposit with the Auction House an authority letter to state that he/she is acting on behalf of another person, body corporate or firm prior to the auction.

  3. Subject to the reserve price (the "Reserve Price") fixed by the Legal Owner, the highest bidder, being so allowed and announced by the Licensed Auctioneer, shall be the actual purchaser (the "Purchaser").

  4. The licensed auctioneer (the "Licensed Auctioneer") has the absolute right to regulate the auction process and shall have the sole right to refuse any bid without giving any reason for such refusal. If any dispute shall arise as to the highest bid, the Licensed Auctioneer shall have the right to determine the dispute and the vehicle shall, at the sole option of the Licensed Auctioneer, be put up again for sale and re-sold. The Licensed Auctioneer may conduct the auction in any manner as he may decide, determine and/or change the bid increments, withdraw any vehicle, vary the order in which vehicles are offered for sale, re-auction any unsold vehicle at the same auction or adjourn the auction sale to another date and, in the event of dispute, decide to re-commence the bidding of any vehicle. The Licensed Auctioneer's decision on any dispute shall be final and conclusive.

  5. No bid shall be of a lower amount than the last/previous bid or a sum to be fixed by the Auction House at the time of sale. Bidders are not allowed to retract their bids. Should a bid be retracted by the bidder prior to the fall of the hammer, the Deposit paid amounting to Ringgit Malaysia One Thousand Five Hundred Sixty Five (RM1,565) shall be forfeited to the Auction House (Ringgit Malaysia One Thousand (RM1,000) shall then be credited to the account of the Legal Owner by the Auction House) and the vehicle shall, at the option of the Auction House, be put up for sale again at the same auction or another date.

  6. The price achieved at the fall of the hammer shall be the final purchase price (the "Purchase Price").

  7. Immediately after the fall of the hammer, the Deposit of Ringgit Malaysia One Thousand Five Hundred Sixty Five (RM1,565) paid earlier by the Purchaser shall be utilised in the following manner:

    1. Ringgit Malaysia One Thousand (RM1,000) as part payment to the Legal Owner of the Purchase Price accepted by the Licensed Auctioneer;
    2. Ringgit Malaysia Five Hundred Sixty Five (RM565) as Purchaser's premium paid to the Auction House.

  8. Sale of any vehicle in the auction shall result in a sale and purchase contract ("Sale and Purchase Contract") for the vehicle being entered into between the Legal Owner and the Purchaser. The Purchaser hereby acknowledges that he/she fully understands and accepts these Terms and Conditions of Sale and shall sign the Sale and Purchase Contract overleaf. In the event the Purchaser fails, neglects and/or refuses to sign the Sale and Purchase Contract after the fall of the hammer, the Deposit of Ringgit Malaysia One Thousand Five Hundred Sixty Five (RM1,565) paid earlier by the Purchaser shall be forfeited by the Auction House (of which Ringgit Malaysia One Thousand (RM1,000) shall be credited to the account of the Legal Owner) and the vehicle shall forthwith be put up for sale again. The deficiency in price (if any), which may result from a resale, or the Purchase Price if there is no resale, as the case may be, shall be recoverable from the defaulting Purchaser.

  9. The balance of the Purchase Price, shall be paid in full by the Purchaser within FIVE (5) days from the date of the auction sale to the Legal Owner. The period of FIVE (5) days may be extended by the Legal Owner at its absolute discretion upon written request by the Purchaser before the expiry of the payment time period provided if any extension of time is granted, the Purchaser shall pay the Legal Owner storage charges and interest at the rate to be determined by the Legal Owner at its absolute discretion on the balance of the Purchase Price, calculated on a daily basis until full payment of such amount on or before the expiry of the extended time period of payment.

  10. In addition, the Auction House shall have the right to charge the Purchaser for storage charges at its published rates if the vehicle is not collected from the Auction House's storage facility within TEN (10) days of the date of the auction.

  11. In default of such payment of the balance of the Purchase Price or any interest payable for any extension of time which may be granted for the payment of the balance of the Purchase Price within the time and in the manner as stipulated in Clause 9 above, the deposit and premium paid amounting to Ringgit Malaysia One Thousand Five Hundred Sixty Five (RM1,565) shall be forfeited by the Auction House (of which Ringgit Malaysia One Thousand (RM1,000) shall be credited to the account of the Legal Owner) and the vehicle may be put up for resale by the Legal Owner at its sole discretion. The cost of such resale, together with either the deficiency in price (if any) which may result from a resale or the balance of the Purchase Price if there is no resale as the case may be, shall be recoverable from the defaulting Purchaser.

  12. Upon full payment of the balance of the Purchase Price and interest (if any) payable in respect of the extension of time granted thereunder (if any), the Legal Owner shall execute or cause to be executed at the Purchaser's costs and expenses a transfer form (Form K3) in favour of the Purchaser. Thereafter and upon the Purchaser's payment of all such costs and expenses of the transfer, the Legal Owner shall deliver to the Purchaser the duly executed transfer and the original registration card, if available.

  13. The Purchaser shall procure the registration of the transfer of ownership to the Purchaser's name with Jabatan Pengangkutan Jalan ("JPJ") within 30 days from the date of receipt of the documents for registration from the Legal Owner.

  14. Any request for refund of monies paid by the Purchaser shall only be allowed under the following circumstances:

    1. The Purchaser furnishes to the Legal Owner with documentary evidence from JPJ confirming the non-registration and non-transferability of ownership for/of the said vehicle being duly presented for registration together with satisfactory evidence that all remedial action has been exhausted within thirty (30) days after receipt of the documents for registration from the Legal Owner, AND further provided that the request for refund must be made with the Legal Owner not later than thirty (30) days after receipt of the documents for registration from the Legal Owner and shall be limited to and not exceeding the amount paid by the Purchaser and shall be free of interest. Thereafter, the Purchaser shall have no other claims against the Legal Owner and/or the Auction House; and

    2. The Transfer cannot be effected due to reasons attributable to the Legal Owner only.

  15. There shall be NO refund for claims based on the state and condition of the vehicle, or if the Purchaser fails to make a claim for reasons stated above within thirty (30) days after receipt of the documents for registration from the Legal Owner, or non-registration and non-transferability of ownership is due to reasons not attributable to the Legal Owner or due to non-payment of summonses, fines or penalties owed to the relevant authorities.

  16. In the case of defective vehicles, the Purchaser expressly acknowledges that:

    1. The vehicle is sold without any warranty as to title, whether or not the Legal Owner has title to the vehicle, and that there is no representation as to the roadworthiness of the vehicle or fitness for purpose, or that the vehicle is free from encumbrance;

    2. The vehicle is sold without any warranty as to its road worthiness, availability of the vehicle's existing or new registration card, or registrability of the vehicle with the relevant authorities, including but not limited to, non-registration due to unauthorised joining, welding, modification, change, tampering of the vehicle or any part therein, etc., rendering the vehicle not roadworthy;

    3. There shall be no refund in the event of non-registration, seizure and/or forfeiture of the vehicle by the relevant authorities for any reason whatsoever; and

    4. All implied warranties under the Sale of Goods Act are specifically and expressly negated and excluded under the sale.

  17. The Purchaser shall admit the identity and status of the vehicle purchased by him as described and comprised in the muniments or other documents offered by the Auction House.

  18. The vehicle is believed and shall be taken to be correctly described, and is sold subject to all express conditions, restrictions in interest, easements, tenancies, charges, covenants, assignments, liabilities, encumbrances and right subsisting thereon without the obligation to define the same, and the Purchaser shall be deemed to have full knowledge of the state and condition of the vehicle. No error, misstatement, misdescription or misrepresentation shall annul or invalidate the sale nor shall any compensation be allowed in respect thereof.

  19. After the fall of the hammer, the Legal Owner, the Auction House, the Licensed Auctioneer or their respective employees, servants or agents shall not be liable or responsible for any loss, defect, damage or destruction to the vehicle, whether caused by negligence, wear and tear or otherwise, and the vehicle shall henceforth be at the SOLE risk of the Purchaser as regards loss or damage by fire or other accident or otherwise. Ownership of the vehicle shall not pass to the Purchaser until full payment in respect thereof has been made.

  20. The Legal Owner, the Auction House, the Licensed Auctioneer or their respective employees, servants and agents shall under no circumstances be liable to the bidder or Purchaser for any loss or expense, howsoever suffered or incurred, arising out of or in connection with or in respect of the auction or sale. The sale of the vehicle shall not, in any way, render the Legal Owner, the Auction House, the Licensed Auctioneer or their respective employees, servants or agents, liable for any loss, defect, damage or destruction before, during of after the sale by either by theft, fire or any cause whatsoever.

  21. The Purchaser, after payment of the balance of the Purchase Price in full, together with accrued interest thereon (if any), shall at his own cost and expenses take possession of the vehicle without obligation on the part of the Auction House, the Licensed Auctioneer or their respective employees, servants. The Purchaser shall be liable for the payment of all summonses, fines and penalties payable on the vehicle issued before or after the vehicle has been auctioned.

  22. Time shall be deemed to be of the essence in this Sale and Purchase Contract.

  23. The vehicle is sold strictly as seen on an "AS IS WHERE IS" basis, and in the state and condition in which it is found on the auction date.

  24. The Purchaser is deemed to have made independent checks and verification as regards the particulars of the vehicle with all the relevant authorities to his satisfaction, and the Legal Owner, the Auction House and the Licensed Auctioneer make no representation, express or implied, as regards the accuracy of the particulars of the vehicle. The Legal Owner, the Auction House and the Licensed Auctioneer hereby disclaim any all liabilities for any representation made and excluded/omitted.

  25. The sale of vehicle is subject to section 18(4)(a) of the Hire Purchase Act 1967 (Act 212) (if applicable) and the hirer of the vehicle (or his representative) has reserved his right to bid at the auction.

  26. The Auction House shall be at liberty to postpone, call off or adjourn the auction at any time, or to vary, amend, change, alter or make additions to or deletions from the Terms and Conditions of Sale, without having to provide any reason or grounds whatsoever. The Auction House also has the sole discretion to refuse the admission of, or to remove any person from, its premises at any time during the auction.