If you're interested, here is the new T&C for self/parallel imports from the Singapore dealer:
GUIDELINES FOR PARALLEL IMPORTED MOTORCYCLES
The following guidelines which are effective from 1 January 2010, apply when you service your Self/Parallel Imported BMW
motorcycles at **** ****:
1. All works performed are subjected to a surcharge of 25% on top of the normal retail rate.
2. All warranty works will be chargeable to you (the customer) at the same rate as point 1, including all applicable taxes upon completion. Upon
approval from factory, PML shall reimburse you based on the amount credited from the factory*. (*Amount credited by factory will be
different from the amount chargeable to you. Therefore, the reimbursement of warranty works value will be lower than the payment made.
Reimbursement is also subject to prevailing currency exchange rate.)
3. A non-refundable registration fee of $5,000** for all new registrations with PML. All owners will be notified by post of their approved
applications before work commencement. (**Subject to changes without prior notice.)
4. All applicants must submit the following documents:
a. Vehicle Sales Invoice/s (from an official BMW Importer or Dealer) from the country of origin;
b. Service Booklet and Service Invoices (where applicable, to prove that an official BMW Importer or Dealer has carried out all
maintenance as per BMW recommendation)
TERMS AND CONDITIONS OF REPAIR/ SERVICE FOR SELF/ PARALLEL IMPORTED MOTORCYCLES
The following sets out the terms, conditions (supplemented by the terms and conditions in the attached Company’s Repair Order) relating to the provision of Works by the Company for or on behalf of the Customer.
1. The term “Company” shall mean**** ****.
2. The term “the Customer” shall mean the person who is the registered owner of the parallel imported motorcycle or the duly authorized servant or agent of the registered owner.
3. The term “Works” herein shall mean all works carried out or materials supplied by the Company pursuant to the Work Repair Order for and on behalf of the Customer including, without limitation, all parts,
components, accessories, repairs, maintenance, supply of labour and specialized tools.
4. By requesting the Company to carry out the Works, including warranty works as provided by BMW’s warranty, the Customer authorizes the Company to do all acts and things that are in the opinion of the
Company necessary or desirable to carry out and complete the Works. The Customer may not withdraw a request for the Works to be done or call for the Works to cease before completion unless the Company
otherwise agrees in writing. The Company may order such items including replacement parts, manuals, or special tools to carry out the Works. The Customer agrees to bear and pay in advance the full costs for
such items, including freight and taxes. Unless agreed to by the Company in writing, the title to such items (save for replacement parts prepaid by the Customer) shall not pass to the Customer and shall be with
the company.
5. The Customer shall bear all applicable taxes (Governmental or otherwise) including other taxes at the point in time when the Works are completed.
6. The Company shall use its best endeavours but shall not be obliged to assist the Customer in processing the warranty claim under BMW’s warranty terms and conditions. Should BMW Motorrad (the
“Manufacturer”) disapprove the claim, you agree that the Company shall not be liable to you in any way for any dispute or refusal over the scope of BMW’s warranty terms and conditions or of any time delay
caused by the Manufacturer in processing such claims.
7. The acceptance of the Customer’s request for the provision of the Works shall be at the sole discretion of the Company. The Company may at any time and for any reason whatsoever cease or refuses to provide
or continue to provide the Works.
8. The Customer warrants to the Company that he has the authority to request the Company to carry out the Works. Where the Customer is acting as an agent in requesting the provision of the Works, then the
Customer agrees to be jointly and severally liable with its principal for all amounts payable to the Company arising out of the Works.
9. The Customer agrees that the Company has the sole discretion to impose a surcharge of 25% on top of the Company’s usual charges for similar services and materials supplied to motorcycle sold by the
Company and/or its related companies. Prices or rates quoted are in Singapore dollars and exclusive of all taxes, duties or charges imposed by any government, statutory authority or agency.
10. Although every effort shall be made by the Company to comply with estimates concerning the time of completion of the Works, the Company shall not be responsible for any delay whatsoever or howsoever
occurring including those arising out of fire, flood, storm, breakdown of equipment, absence of necessary personnel, interruption of any public utility service, non-availability of spare parts or any other cause
whatsoever beyond the control of the Company.
11. The Company shall provide a 7 day warranty (commencing from the date the Customer collects the motorcycle from the Company) in respect of its workmanship. SUCH WARRANTY SHALL BE EXCLUSIVE OF
ALL OTHER WARRANTIES EXPRESS OR IMPLIED. In no event shall the Company be liable in contract, tort, negligence or otherwise for any loss or damage (including any consequential, indirect, special or
economic loss or damage) which arises out of or in connection with the Works including, without limitation, any negligent act or omission on the part of the Company, its employees, agents and/or servants or,
subcontractors. In any event, the entire liability of the Company for any claim of any nature in respect of the Works shall be limited to the sums charged or chargeable by the Company in respect of the Works.
The exclusion and limitation shall not apply in respect of personal injuries or death for which the Company is legally liable.
12. The Customer agrees to pay the full invoiced price, plus all other amount payable to the Company under these terms and conditions and/ or the Repair Order, relating to or arising out of the Works, after which
(but not before) the motorcycle (upon which the Works have been carried out) will be available for collection by the Customer. Unless otherwise agreed in writing by the Company, if the Customer fails to pay the
full invoiced price of the Works within the period stated on the Company’s invoice the Customer shall be liable to pay interest on the amount at the rate of 1% per month (or part thereof) from its due date for
payment until the amount outstanding (plus interest) has been paid in full.
13. Before making payment and subject to Clause 12 above, the Customer must inspect the Works and satisfy himself that the Works have been carried out in a proper and satisfactory manner. Unless notice to the
contrary is given to the Company immediately on collection of the motorcycle, the Customer is conclusively deemed to have accepted that the Works have been carried out in a proper and satisfactory manner.
Thereafter, the Company shall not be liable for any claims of unsatisfactory workmanship or claims of damage caused during the Works.
14. No attempted or purported variation of these terms and conditions shall be effective, unless the company accepts such variation in writing which expressly refers to the variation or amendment. In the event that
the terms and conditions herein should conflict with those set out under the terms and conditions of repair as stated in the Repair Order, the terms and conditions herein shall prevail.
15. The Customer shall collect the motorcycle within 48 hours from the date the Company notifies the Customer, (whether orally or otherwise), that the motorcycle is ready for collection. In the event that the
Customer fails to collect the motorcycle within the 48 hours, the Customer shall, in addition to the costs of the Repairs owing to the Company pay all storage charges, at a rate to be determined by the Company
provided always that the Customer shall not, under any circumstances, hold the Company liable for any loss of or damage to the motorcycle, its contents or accessories or for any deterioration in the quality of or
damage to the motorcycle arising from such storage. In the event that the Customer fails to collect the motorcycle for more than 14 days, the Company shall be entitled, at its absolute discretion, to dispose of
the motorcycle & deduct, from the proceeds of disposal, the Company’s costs in connection with the disposal as well as all other monies owing to the Company.
16. The Customer shall indemnify and keep the Company fully indemnified from and against all claims, demands, suits, proceedings, damages, losses, costs and expenses of any nature whatsoever (including legal
costs and expenses on a solicitor and client basis) which the Customer may suffer or incur as a result of any breach by the Customer of his obligations hereunder and/or that of the Repair Order. For the avoidance
of doubt, the Customer shall also be liable and shall indemnify the Company against all costs and expenses incurred by the Company in obtaining or endeavouring to obtain payment of any or all sums of money
payable hereunder or in repossessing or endeavouring to repossess the motorcycle. The Customer further agrees to indemnify, save and hold harmless the Company, its employees, agents and/or servants from
any costs, liability, damage and expense claimed or incurred by reason of injury, death of any person, damage or destruction or loss of use of property, directly or indirectly arising from the Works, storage or any
other matters related to the Customer’s motorcycle.
17. A person who is not a party to the terms and conditions to this form and that of the Repair Order shall have no right under the Contracts (Rights of Third Parties) Act 2001 to enforce any of the said terms.
18. This Agreement shall be governed by and construed in accordance with the laws of for the time being in force in Singapore. The Customer and the Company hereto irrevocably submit to the jurisdiction of the
Singapore courts.
