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Manheim Industrial Terms and Conditions

Manheim’s Standard Terms and Conditions of Business

These standard terms and conditions (“Conditions”) set out the contract terms between a Vendor and Purchaser of all commercial vehicles, plant machinery and equipment (each an “Asset”) sold via Manheim and explain each party’s rights and obligations. These Conditions also set out Manheim’s rights and its duties to Vendors and Purchasers. Manheim shall, at its discretion, be entitled to amend and/or vary these Conditions from time to time.

This is an important document which should be read carefully. All Assets sold and purchased will be governed by these Conditions (whether such Assets are sold at a Physical Auction, Live Online Auction (and whether conducted simultaneously or independently) or other Online Facilities, or sale). In consideration for the mutual promises and undertakings set out herein: Manheim, Vendors and Purchasers agree to be bound by these Conditions.

Your entry to and use of Manheim’s buildings, premises and other facilities (including your right to use software and services provided by Manheim) are subject to these Conditions. These Conditions can be accessed at www.manheim.co.uk or upon request at Manheim auction centres.

Your attention is specifically drawn to clauses 1 (e) and 1 (f) , 36, 37 (in relation to the safe use of Assets) and 53.


Definitions

Accept or Acceptance means in respect of a Buy Now Listing when the Website User clicks the “Buy Now” button whereupon the Offer to pay the Purchase Price is automatically accepted and in all other cases when the Vendor accepts an Offer put to Manheim

Asset means any Vehicle, plant, machinery or equipment or any other asset made available for auction by a Vendor

Auction means collectively Physical Auctions and Live Online Auctions, but excluding any Bid Now Auction

Bid Now Auction means a timed auction or Asset sale on a Website, which is owned, maintained, controlled or run by or on behalf of Manheim (but excluding any Live Online Auction), which involves the Website User making a binding Offer for an Asset.

Business Day means a day other than a Saturday, Sunday or public bank holiday in England

Buy Now Listing means a Listing on a Website for a specified price for an Asset (the Purchase Price), which involves the Website User making a binding Offer for the proposed price displayed on the Listing (which is Accepted simultaneously)

Contract of Sale means the contract between Vendor and Purchaser for the sale and purchase of the Asset which comprises these Conditions and is formed when the Vendor Accepts the Purchaser’s Offer or where the Asset is made available for sale in the Online Facilities, as described in clauses 10, 11, and 12 as applicable

Entered for Sale means the point in time at which the Vendor has instructed Manheim to enter an Asset for sale whether by means of completing an entry form or by written or verbal instructions which instruction has been duly accepted by Manheim

Fees are fees chargeable by Manheim for its products and services (including promoting and facilitating the sale of a Vendor’s Assets whether electronically or otherwise and fees for any additional products or services offered by Manheim) and which shall be payable as appropriate by the Vendor or the Purchaser

Listing means an advertisement for the sale of an Asset including inviting a Website User to place an Offer via a Bid Now Auction or Buy Now Listing (as the case may be)

Live Online Auction means either a simultaneous broadcast of a Physical Auction or the broadcast of an auction with a live auctioneer where the auction is not open to the public and Offers may only be made through the Website, or via telephone where agreed by Manheim

Manheim means Manheim Limited (a company registered in England under registration number 00448761) whose registered office address is Central House, Leeds Road, Rothwell, Leeds, LS26 0JE

Offer Offer means (i) in respect of an Auction any price offered to be paid for an Asset and whether submitted electronically, in writing, orally or by any other means or indication (and a Purchaser authorises Manheim to put an Offer to a Vendor and to accordingly Accept a Vendor’s reply on a Purchaser’s behalf) or (ii) in respect of the Online Facilities means a binding offer of money for the purchase of an Asset on the Website via either Bid Now Auction or Buy Now Listing.

Online Facilities means the following sales channels offered on a Website: Bid Now Auction or Buy Now Listing

Physical Auction means any auction conducted in person at the premises where the Assets are located which may be Manheim premises or the premises of the Vendor or its agent

Purchase Price means the price which has been Accepted for an Asset

Purchaser means the person or company whose Offer has been Accepted for the Asset and the definition, where the context so requires, shall include prospective Purchasers

Rate of Interest means 5% above the Bank of England’s base rate (or any other bank base rate chosen by Manheim) in force from time to time which shall be compounded at the end of each calendar month

Reservemeans the value set by the vendor of an Asset, which is the minimum price it would accept for the Asset and which may be reduced (but not increased) on request from the Vendor at any time before the commencement of a sale

Safety Defect means any fault with the Asset which would render it unfit or unsafe to use according to the requirements of applicable legislation

Trade Account Holder means the company or individual who holds a valid Trade Account with Manheim for business/trade purposes only

Vehicle means any car, light commercial van, motorcycle, caravan, heavy goods vehicle or any other vehicle where its primary purpose is to transport people or goods

Vendor the company, organisation or person that has instructed Manheim to perform services on its behalf in relation to the sale of Assets

Website means www.manheim.co.uk or any third party website controlled by Manheim and includes any mobile application of Manheim or other system on which the Online Facilities and Live Online Auction are available

Website User means any user accessing the Website and its facilities, who must also be a Trade Account Holder to access the Auctions and use the Online Facilities.


Vendor’s duties

  1. Unless the Vendor has otherwise instructed Manheim in writing prior to an Asset being Entered for Sale and Manheim has agreed to act in accordance with that instruction, the Vendor warrants and promises to Manheim that unless disclosed otherwise as part of the sales process, that where relevant:

    2. a)    the Vendor owns the Asset and accordingly has unencumbered title to and a right to sell the Asset;

    b)    where the Asset is a registerable asset, it has its true and proper registration mark and chassis number and/or identification number which corresponds to the Asset’s registration documents;

    c)    if the Vehicle is Entered For Sale with a cherished registration plate that is assigned to the Vehicle, the Vendor has all rights, title and interest to sell that cherished registration plate;

    d)   the year registered, or year of manufacture, whichever is earlier, which has been provided by a Vendor is correct (save that when the expression “unknown” or “year as seen” is used – no warranties or representations are given regarding the age of an Asset);

    e)    it will immediately inform Manheim if an Asset has any Safety Defect(s) and will forward in writing full details of such Safety Defect;

    f)     Assets being sold will be safe for use and operation; and

    g)    all documents and information provided by the Vendor are true, accurate and complete in each and every particular;

  2. Save as set out in clause 1, no warranties or representations are made by a Vendor regarding the mechanical condition or general quality of the Asset.
  3. It is the duty of the Vendor to ensure the Asset is insured against third party damage and/or theft if left on Manheim’s premises or otherwise in Manheim’s control and shall remain insured until risk passes to a Purchaser upon Acceptance. Irrespective of the Asset’s location, risk in the Asset remains with the Vendor at all times until a Contract of Sale has been entered into.
  4. A Vendor agrees to fully and effectively indemnify Manheim on demand against any losses, costs, expenses (including legal fees on a full indemnity basis), liabilities or claims suffered by Manheim by reason of a breach of the warranties given at clause 1.
  5. A Vendor agrees that where it uses Manheim’s IT systems and software, that it shall do so using all due care and attention and shall use its best endeavours to ensure that no viruses, worms or disabling devices are introduced into Manheim’s systems.
  6. In the event a cherished registration plate is assigned to a Vehicle but it is not offered for sale with that Vehicle, a Vendor must inform Manheim in writing of this prior to the Vehicle being Entered For Sale.
  7. A Vendor must inform Manheim in writing of the VAT status of an Asset prior to that Asset being Entered For Sale. The VAT status of an Asset as notified to Manheim prior to the sale of an Asset shall be binding and may not be changed following a Contract of Sale arising in respect of that Asset.
  8. A Vendor must supply Manheim with accurate information regarding its VAT status and registration and of any amendments to the same. A Vendor shall be responsible and shall hold Manheim harmless on demand against any loss suffered by Manheim as a consequence of Manheim acting on inaccurate information.
  9. Vendors agree that where an Asset is Entered For Sale it shall not advertise or purport to sell the Asset elsewhere. In the event that a Vendor fails to comply with this clause 9, the Vendor acknowledges that it may incur legal liabilities to a Website User, Purchaser and/or Manheim where it also enters into a contract for the sale of the Asset elsewhere. Any disputes between the Website User, or Purchaser and a Vendor shall be dealt with in accordance with these Conditions.


    10. Contract of sale

  10. Auctions.

    11. a)    Physical Auctions are advertised on the Website and Live Online Auctions are accessed via and listed on the Website.;

    b)    Auctions commence at the listed start time and shall be hosted by a Manheim auctioneer. ;

    c)    Any and all Offer(s) placed shall be binding. Website Users and Purchasers should not make an Offer unless they intend to be legally bound to purchase the Asset. ;

    d)   The fall of the hammer in an Auction will mean that Manheim has accepted an Offer on behalf of a Vendor, but Manheim may also accept an Offer electronically, in writing, orally or by any other means or indication on behalf of a Vendor and an Offer shall be deemed as Accepted whenever an Auction or sale of Assets ends and Manheim has received (on behalf of the Purchaser) the Acceptance from a Vendor.

    e)   The Website User making the highest Offer is made aware by a real time online notification immediately following the fall of the hammer for an Asset confirming they have made the highest Offer and their Offer has been Accepted on behalf of a Vendor.

    f)   When an Offer is Accepted by the Vendor or Manheim on behalf of the Vendor a Contract of Sale is formed between the Purchaser and the Vendor and the Purchaser or Website User is legally bound to purchase the Asset at the Purchase Price.

    g)    Sales of Assets via Live Online Auctions shall be treated as sales effected by the fall of a hammer and not as private treaty sales.

  11. Bid Now Auctions

    12. a)    The Website contains a link to all Bid Now Auctions. For each Bid Now Auction, it will specify the start and end times and dates for each Listing.

    b)    Offers can be placed at any time whilst the Listing is live and before the specified end time. The current highest bid, if any, will be shown within the Listing.

    c)    Bid Now Auctions are auto bid extension enabled, meaning that where an Offer is placed within two minutes of the original scheduled close of the Bid Now Auction, the scheduled close of the Bid Now Auction will automatically be extended by an additional two minutes. This extension process continues with a new scheduled close time each time an Offer is placed until no-one places an Offer before the last scheduled close of the Bid Now Auction.

    d)   Any and all Offers placed in relation to any Listing within a Bid Now Auction shall be binding. Website Users should not make any Offers if they do not intend to be legally bound to purchase the Asset in the Listing.

    e)   At the expiry of the Listing for a Bid Now Auction, the current highest Offer for an Asset shall be automatically accepted, providing the Asset’s Reserve has been met or exceeded. The Website User making the highest Offer is made aware by a real time online notification immediately following the expiry of the Listing confirming they are the highest bidder and their Offer has been Accepted, thereby forming a Contract of Sale. At this point, the Website User is legally bound to purchase the Asset at the Purchase Price.

  12. Buy Now Listing

    13. a)   Listings for Assets that are available to purchase via a Buy Now Listing are found on the Website. These Listings will be displayed with the Buy Now Listing button.

    b)   The amount listed next to the Buy Now Listing button within the Listing is the amount for which the Asset is immediately available for purchase by a Website User. This amount becomes the Purchase Price once the Contract of Sale is formed in accordance with sub clause (c) below.

    c)   When the Website User clicks the ‘Buy Now’ button, this signifies an intention to pay the Purchase Price and enter into a legally binding contract. Therefore, the Contract of Sale is thereby formed when the Website User clicks the ‘Buy Now’ button within the Listing. Website Users should not click on any ‘Buy Now’ button if it does not intend to be legally bound to purchase an Asset.

  13. Once the Contract of Sale has been formed in accordance with clauses 10, 11 or 12 above (as applicable),

    14. a)    the Website User will receive an e-mail notification of the Contract of Sale, which shall include details of the Purchase Price and the invoice for payment; and

    b)   the Website User shall become the ‘Purchaser’ as defined above and all relevant provisions within these Conditions relating to Purchasers shall apply unless expressly stated otherwise herein.

  14. All Offers are non-cancellable by the Website User and/or Purchaser.
  15. Where there has been a mistake in a Listing, Manheim reserves the right to amend a Listing, or, where applicable, to cancel a Contract of Sale. Where Manheim cancels a Contract of Sale and a Purchaser has already paid the Purchase Price, Manheim shall refund the Purchase Price in full.
  16. Manheim is not a party to the Contract of Sale and has no liability or responsibility in respect of the Contract of Sale.
  17. Subject to clause 72 , whilst risk in the Asset passes to the Purchaser at the time of Acceptance, all ownership and title in the Asset remains with the Vendor until Manheim has received the Purchase Price and any Fees.
  18. The Vendor makes no warranties or representations about the Asset. Whenever practical, it shall be for the Purchaser to inspect the Asset and make such enquiries as the Purchaser considers appropriate concerning the Asset, with relevant third party providers of information. It is for the Website User or Purchaser to satisfy itself about any Offer it wishes to make for the Asset.
  19. Other than as set out in these Conditions, the Vendor expressly excludes any and all representations and warranties about the Asset including any which may otherwise be implied into the Contract of Sale by the Consumer Rights Act 2015, Sale Of Goods Act 1979 and Supply of Goods And Services Act 1982, any other legislation or by common law (whether this be terms implied by custom and practice or otherwise) and including the mandatory laws of any other country which may be relevant to the sale based on the location of the Asset, Vendor or Purchaser or otherwise.
  20. The Vendor shall not be liable to any Website User or Purchaser for any special, consequential or indirect losses suffered by a Website User or a Purchaser in relation to the Asset.
  21. The Vendor shall not be liable for any loss of profit, loss of contract, loss of revenue, loss of opportunity or loss of chance (whether such losses are direct or indirect or reasonably foreseeable at the time of the Contract of Sale) suffered by the Website User or the Purchaser.
  22. At all times the Vendor’s liability to a Website User or a Purchaser shall not exceed the Purchase Price.
  23. Nothing in the Contract of Sale shall exclude or limit the Vendor’s liability for death or personal injury caused by the Vendor’s negligence, for any fraud or fraudulent misrepresentation or for any loss which cannot be excluded by the laws of the United Kingdom or the mandatory laws of any other country which may be relevant to the sale based on the location of the Asset, Vendor or Purchaser or otherwise.
  24. For the avoidance of doubt, each of the matters set out at clauses 14 to 23 are a part of the Contract of Sale.


    25. Payment of Purchase Price, Fees and payment terms

    Vendor

  25. Manheim shall in normal circumstances remit the Purchase Price (less its Fees) for the Asset to the Vendor within 5 (five) Business Days of:

    26. a)    Manheim having received the full Purchase Price in cleared funds; and

    b)    provided there is no existing dispute in relation to the Asset; and

    c)    any and all third party interests in the Asset have been settled in full.

  26. The Vendor authorises Manheim to deduct from the Purchase Price:

    27. a)   any and all Fees which are payable by the Vendor to Manheim (whether in respect of the Asset to which the Purchase Price relates or in respect of any other services, products or Assets); and

    b)   any amount equivalent to a third party interest in the Asset where Manheim may have been informed that such interest needs to be settled in order to pass good title to the Asset to a Purchaser.

  27. Where Manheim has agreed to invoice the Vendor for any Fees rather than deducting them from the Purchase Price, all such Fees shall be due and payable within 7 (seven) days of the date of invoice. The method of payment shall be in accordance with Manheim’s then current operating procedures and practices.

    28. Purchaser

  28. A Purchaser must pay the Purchase Price and any Fees (and any VAT, where relevant) by 5.00 pm of the next day following Acceptance. Where Manheim invoices the Purchaser for any Fees all such Fees shall be due and payable within 7 (seven) calendar days of the date of invoice. The method of payment shall be in accordance with Manheim’s then current operating procedures and practices.
  29. Where the Purchaser has purchased more than one Asset, Manheim reserves the right not to allow any Asset to be removed from the premises at which it is located until payment in full has been made in cleared funds in respect of all the Assets so purchased.

    30. General

  30. Where the Fees have been paid late by the Purchaser or the Vendor, Manheim shall have the right to charge interest on those Fees at the Rate of Interest. Where the Purchaser has not paid the Purchase Price and the Fees by the due date for payment, Manheim shall have the right to resell the relevant Asset without notice to the Purchaser and also to suspend or withdraw all of the Purchaser’s trading facilities with Manheim. Any charges or losses incurred on any resale of the Asset (including any difference between the Purchase Price and the resale price) will be payable by the Purchaser to Manheim.
  31. VAT (at the rate prevailing by law from time to time) shall be payable by a Vendor and/or a Purchaser where applicable. Note that Manheim has an agreement with HM Revenue & Customs (HMRC) to operate a self-billing system for VAT purposes in respect of Assets sold through any Manheim auction on behalf of a Vendor. Under the terms of the agreement with HMRC, Manheim may issue the Vendor with a self-billed invoice and the Vendor must account for any output tax shown on the invoice to HMRC and agree not to issue a VAT invoice in respect of any self-billed invoice issued by Manheim. Where VAT is applicable to a Vendor, it must provide Manheim with details of its registered VAT number and notify Manheim immediately if the VAT number is changed or cancelled.

    32. Online Payment

  32. Manheim Trade Account Holders are able to pay for certain services and products they receive from Manheim at www.manheim.co.uk/payonline/. Manheim may, at its discretion, withdraw this online payment facility at any time.

    33. Purchaser's Duties

  33. Risk in the Asset passes to the Purchaser upon Acceptance. It is therefore the Purchaser’s duty to insure the Asset from that time.
  34. The Purchaser warrants and represents to Manheim that it has read and agreed all of these Conditions. The Purchaser warrants and represents to Manheim and the Vendor that the exclusions of liability (whether by Manheim or the Vendor) are fair and reasonable.
  35. Each prospective Purchaser shall provide his true name and address and such other information and proof of identity (whether in respect of money laundering procedures or otherwise) as may reasonably be required by Manheim.
  36. The Purchaser warrants to Manheim and the Vendor that it shall ensure that any Vehicle it removes is in a roadworthy condition in accordance with the Road Vehicle (Construction and Use) Regulations 1986 and any other relevant legislation as shall from time to time be in force before using such Vehicle on a public road. It is the Purchaser’s responsibility to remove company logos and lettering from Vehicles.
  37. The Purchaser acknowledges that an Asset may not necessarily comply with any statutory requirements or regulations governing the use or safety of that Asset. Neither the Vendor nor Manheim shall incur any liability to the Purchaser because of any default or defect in an Asset. Purchasers are entirely responsible for ensuring that the use of an Asset does not contravene any relevant health and safety and environmental legislation.
  38. When removing any Asset from Manheim’s premises or other premises on which the Asset is located, the Purchaser shall, or shall procure that its removal contractors shall ensure that the Asset is removed lawfully and safely and in particular shall:

    39. a)    carry out a risk assessment;

    b)    ensure that all personnel and third party contractors engaged in the removal of the Asset are suitably experienced and where appropriate are approved and licensed;

    c)    obtain all necessary permits or licences to safely and lawfully remove and transport the Asset:

    d)    obtain consent for and make good any damage, holes or voids arising from the removal and/or transportation of the Asset; and

    e)    comply with all current relevant statutory requirements and regulations including those relating to the disposal and removal of waste.

  39. The Purchaser shall be liable and indemnify Manheim, the Vendor and any third party for any and all damages, losses, costs, expenses, liabilities, demands, claims, actions and proceedings they may incur arising directly or indirectly out of any breach of Clauses 36, 37 and 38.
  40. The Purchaser shall procure and maintain public liability cover and employers’ liability and any other relevant insurance policies it deems appropriate as may be required to satisfy its obligations hereunder.
  41. Manheim shall be entitled to halt the removal of any Asset without any liability if in its absolute discretion the removal of an Asset is being carried out in an unsatisfactory manner.
  42. Where a cherished registration plate is assigned to a Vehicle but not purchased with the Vehicle, the Purchaser:

    43. a)    warrants, represents and undertakes that it will cooperate in the retention of the cherished registration plate by the Vendor; and

    b)    acknowledges that the Vehicle will require a valid MOT certificate for the allocation of a new registration number.

  43. Each Purchaser warrants and represents to Manheim that all information provided by it shall in all respects be true, accurate and complete.
  44. Each Purchaser agrees that it shall immediately update Manheim on any changes to information provided by it to Manheim.
  45. Each Purchaser agrees that where it makes an Offer on Assets made available for immediate purchase at a specified price (or a price greater than the specified price), the submission of an Offer at or above the price will be binding on the Purchaser.
  46. The Purchaser warrants and represents to Manheim and the Vendor that it understands and agrees that:

    47. a)    it has no rights against Manheim or the Vendor in respect of the quality, condition or merchantability of the Assets ;

    b)    neither the Vendor nor Manheim make any warranty or representation that an Asset will conform to any standard in respect of safety, pollution or hazardous material or to any standard of requirement of any applicable authority, law or regulation; and

    c)   prior to making any Offer in respect of any Asset, it will satisfy itself regarding the value and condition of the Asset by inspecting them and / or making such other background checks as are prudent and sensible. 

  47. Each Purchaser agrees to fully and effectively indemnify Manheim and hold Manheim harmless on demand against any losses, costs, damages, expenses or liabilities (including legal fees on a full indemnity basis) suffered by Manheim by reason of the prospective Purchaser being in breach of these Conditions including under the Contract of Sale.
  48. Each Purchaser warrants and represents to Manheim that where it trades online, it is trading in the course of business and not as a private consumer.

    49. Purchaser’s Rights

  49. Where made available to a Purchaser by Manheim, a Purchaser may make Offers in writing or electronically as well as making an Offer orally or otherwise at Manheim’s premises or other premises where the Physical Auction is operated. Where a Purchaser makes use of Manheim’s electronic facilities, it shall do so in accordance with these Conditions.
  50. Title in the Asset passes to the Purchaser upon cleared payment in full of the Purchase Price and Fees to Manheim.
  51. Where an Asset incorporates computer software, title to such computer software is not transferred under the sale. Use of the computer software is subject to any third party licence or copyright restrictions and user conditions and may not be transferrable. The purchase of any Asset incorporating computer software shall be at the Purchaser’s risk to the extent it relates to the computer software.
  52. Manheim sells as agent for the Vendor and as such is not responsible for any default by the Vendor.
  53. Without prejudice to the generality of clause 52 all Assets are sold as seen and with all faults and imperfections and errors of description. Illustrations, make, model, miles, hours, kilometres, descriptions and years in catalogues, videos or brochures are for identification only. Descriptions in each case are provided by the Vendor. All Assets are available for inspection and Purchasers should satisfy themselves prior to the sale as to the condition of each Asset and should exercise and rely on their own judgement as to whether it accords with its description. The Purchaser is deemed to have inspected the Asset prior to purchase. Neither Manheim nor the Vendor gives any warranty as to the description, condition, miles/hours/kilometres, year or otherwise in relation to any Asset and all warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law excluded.
  54. For the avoidance of doubt, clauses 50 to 53 form part of the Contract of Sale.
  55. If the Reserve has not been met at the fall of the hammer for an Asset in an Auction, the highest Offer for that Asset  may be provisionally accepted as a ‘provisional sale’, whereby the Website User will be informed of the ‘provisional sale’ by a real time online notification immediately following the fall of the hammer for the Auction confirming they have made the highest Offer but that their Offer has not yet been Accepted. Subsequently, where possible within 24 hours, the Website User will be contacted to confirm whether the Offer has either been rejected (and no binding contract shall come into force) or accepted (at which point a Contract of Sale is formed).
  56. If the Reserve has not been met at the expiry of the Listing for a Bid Now Auction the highest bid for that Asset may be provisionally accepted as a ‘provisional sale’, whereby the Website User will be informed of the ‘provisional sale’ by a real time online notification immediately following the expiry of the Listing confirming they are the highest bidder but that their Offer has not yet been Accepted. Subsequently, and where possible within 24 hours, the Website User will be contacted to confirm whether the Offer has either been rejected (and no binding contract shall come into force) or accepted (at which point a Contract of Sale is formed).

    57. Manheim’s Rights

  57. Manheim has the right to decline to auction or otherwise offer for sale any Asset at its sole discretion.
  58. Manheim may refuse any person’s or company’s entry to its premises or require any individual to leave its premises at its sole discretion and such rights are extended to any other premises from where a Physical Auction is operated.
  59. Manheim may withdraw or suspend at any time any facilities made available by it to any person or company including any credit facilities or any account holder rights (such suspension or withdrawal being at Manheim’s sole discretion).
  60. Manheim shall have the right not to take or accept any Offer from any individual, company or organisation and shall have the right to require any Purchaser to be properly authorised by Manheim to participate in any particular sale of Assets.
  61. Manheim shall have the right to put in place rules at its discretion from time to time regarding the acceptance of Offers electronically. All Purchasers agree to be bound by those rules.
  62. Manheim is not bound to accept any particular Offer and Manheim’s decision regarding the submission of Offers shall be final.
  63. A Purchaser agrees and understands that where it is using an electronic means of submitting Offers, an Offer may not be received by Manheim and/or Manheim’s system may not recognise, accept or utilise that Offer.  Purchasers agree to use any of Manheim’s electronic systems at their own risk that an Offer will not be received, accepted or utilised.
  64. Manheim makes no guarantees as to the availability of any equipment, electronic systems, the Website or communication facilities made available by it. Manheim makes no promises that a Website User will have uninterrupted, secure or error free access to Manheim’s electronic systems, communication facilities and/or the Website.
  65. The Vendor grants Manheim the express authority to do any of the following in Manheim’s sole discretion:

    66. a)    rescind the Contract of Sale; 

    b)    withdraw any Asset from sale; and

    c)    negotiate the sale of any Asset by private treaty between any Purchaser and the Vendor.

  66. The sale of an Asset by private treaty shall incorporate these Conditions as if sold by Auction. Private treaty sales made under these Conditions are deemed to be sales by auction for the purpose of consumer protection.  Notwithstanding the fact that a Vendor should note that in the case of an Asset sold by private treaty on behalf of a Vendor who is selling in the course of business and a Purchaser who does not buy in the course of business, the Vendor may incur additional obligations to the Purchaser under the Consumer Rights Act 2015 and any other applicable law in England and Wales and/or the mandatory laws of any country which may be relevant  to the sale based on the location of the Asset or the Purchaser.
  67. The Purchaser acknowledges that in relation to an Auction, the Vendor may himself make an Offer, or procure that another person (but no more than one other person) may make an Offer on his behalf, on any Asset he sells through Manheim up to the Reserve.
  68. Vendors authorise Manheim to, and agree that Manheim shall, have the absolute discretion without giving any reason:

    69. a)    to decide when and how any Asset shall be offered for sale;

    b)    to withdraw any Asset from sale;

    c)    to re-enter any Asset for sale;

    d)    subject to clause 67, to make an Offer on any Asset on behalf of the Vendor up to the Reserve;

    e)    to sell any Asset to the Purchaser making the highest Offer that Manheim accepts where there is no Reserve;

    f)    to refuse any Offer;

    g)    to divide any lot;

    h)    to combine two or more lots; and

    i)    in the case of dispute, to put any lot in for auction again.

  69. Each Purchaser and Vendor agrees that without prejudice to any relevant and mandatory UK data privacy legislation all right, title and interest in data collected and processed by Manheim (including all database rights created by it) shall inure to and belong to Manheim.
  70. Each Purchaser and Vendor agrees that all copyright (including rights in software), trade marks, database rights and any other intellectual property rights in any website operated by Manheim or in any other electronic communication facilities operated and provided by Manheim or any other document, report, appraisal or other information produced or compiled by Manheim shall be the property of and belong to Manheim (and/or its licensors). No rights in any of Manheim’s intellectual property rights (including trade marks, copyright and logos) are granted to a Vendor or a Purchaser other than such limited rights as are strictly necessary for use of Manheim’s website or electronic communication facilities made available by Manheim.
  71. Vendors and Purchasers may not copy, reproduce, republish, reverse engineer, commercially exploit or otherwise make use of Manheim’s intellectual property other than for the strict purpose of using the website, communication facilities and other systems made available by Manheim in order to receive and use the services offered by Manheim.
  72. Ownership and title to any Asset shall pass to Manheim where Manheim has paid over the Purchase Price to the Vendor before Manheim is in receipt of those monies from the Purchaser.
  73. Vendors and Purchasers agree that Manheim shall have a lien on any Asset in respect of any monies due to it from the Vendor or the Purchaser (as relevant).
  74. Manheim or the Vendor, as appropriate, may retain possession of the Asset until a Purchaser is able to prove that it has paid the Purchase Price in full and cleared funds and, where relevant, any agent acting on behalf of a Purchaser can prove he has the requisite authority to act on the Purchaser’s behalf. Manheim or the Vendor, as appropriate, has the right to require proof of identification before releasing the Asset to any person.
  75. The Vendor and the Purchaser agree that Manheim shall have a right to charge them both Fees where Assets are on Manheim’s premises and where the Vendor and Purchaser have reached an agreement between themselves on the sale and purchase of those Assets.
  76. Manheim to retain the Purchase Price and possession of the Asset until that dispute has been settled. In the event that the dispute is settled such that a Vendor has agreed to cancel the Contract of Sale, Manheim shall return the Purchase Price to the Purchaser and the Asset shall remain in the ownership of the Vendor to dispose of as it wishes. In the event that the Vendor agrees to reduce the Purchase Price, Manheim shall return the amount equivalent to the reduction in the Purchase Price to the Purchaser and pass the balance (less Manheim’s Fees) to the Vendor and release the Asset to the Purchaser. Where the dispute cannot be settled within a reasonable period of time, Manheim shall determine based on the facts available to it (and whether by itself, by reference to interpleading or by appointment of an adjudicator) who is entitled to the Asset and the Purchase Price. In all circumstances, Manheim shall be entitled to charge and deduct its full Fees for the provision of the services.

    77. Risks

  77. All Assets are handled, transported or driven (including during collection and delivery of the Asset) and left on Manheim’s or, where relevant, either the Vendor’s or a third party’s premises at the risk of:

    78. a)    the Vendor until Acceptance; and

    b)    the Purchaser immediately upon Acceptance.

  78. Manheim accepts no liability whatsoever in relation to an Asset whilst left on its premises, or the premises of a third party contractor.

    79. Additional Services

    Delivery/Collection

  79. Vendor and Purchaser are responsible for arranging their own transport of the Assets.

    80. Storage

  80. Manheim, the Vendor or third party contractor as appropriate shall have the right to charge storage fees (at the standard rate in force from time to time) where any Assets remain on their premises (which includes all land leased, owned or utilised by Manheim) and where:

    81. a)    a Vendor refuses to permit Manheim to enter Assets for auction or sale on a date specified by Manheim; or

    b)    a Vendor withdraws an Asset from auction or sale; or

    c)    a Purchaser leaves the Asset on Manheim’s premises for more than 7 days after Acceptance (including where the reason for them being left on Manheim’s premises is that the Purchaser has failed to pay the Purchase Price in respect of those Assets) or a Vendor fails to collect the Asset within 7 days following notification that it has failed to sell and must be collected; or

    d)    a Vendor or Purchaser requests that Assets be left on Manheim’s premises.

  81. Where storage fees are chargeable in accordance with clause 80 storage fees will be charged (unless agreed otherwise) from Acceptance (or in respect of Vendors from the point of delivery to Manheim) up to and including the date the Assets are removed.
  82. Unless agreed otherwise, risk in such Asset shall at all times remain with the Vendor and/or Purchaser (whichever is relevant).  Where an Asset  has been left or abandoned on Manheim’s premises, the Vendor and/or the Purchaser (whichever is relevant) hereby authorise Manheim to sell such Asset.

    83. Liability

  83. Nothing in these Conditions shall limit Manheim’s liability for (a) death or personal injury arising from its negligence or (b) fraud or fraudulent misrepresentation.
  84. Manheim shall have no liability to either a Purchaser or a Vendor for any:

    85. a)    loss of profit (whether direct or indirect and whether or not reasonably foreseeable by the parties);

    b)    loss of goodwill;

    c)    loss of business;

    d)    increased management costs;

    e)    lost opportunity; and

    f)    special and consequential losses (and each of (a) to (e) in this clause 84 are intended to be severable from this clause where the law so requires).

  85. Manheim shall have no liability for theft or damage to an Asset (except where the damage is caused by Manheim’s employees) when on Manheim’s, Vendors or a third party contractor’s premises.
  86. Manheim shall have no responsibility to check the accuracy of any information provided or made available to it (which may include any information that is then listed in the entry form, catalogues, Listing, appraisals and any other sales literature in use from time to time).  Prospective Purchasers rely on all such information at their own risk.
  87. It is for Purchasers to satisfy themselves as to the quality, condition and provenance of the Asset through its own inspection and enquiries and Manheim shall accept no liability for any information prepared by it (in particular, where it is dependant and reliant on information provided by third parties and, for the avoidance of doubt, Manheim does not undertake to check or scrutinise such information).
  88. Manheim shall accept no responsibility to safeguard any data not belonging to Manheim and shall have no liability as a consequence of information or data not being received by it and nor shall Manheim have any liability for the availability of any website, system or any electronic means of communicating with Manheim including the Website.
  89. At no time shall Manheim’s liability exceed the Purchase Price of the Asset to which the claim or loss relates. 
  90. Manheim shall have no liability to a Purchaser or a Vendor for any delay in performance if and to the extent that the delay is due to circumstances beyond its reasonable control.

    91. Use of the Website and/or Online Facilities

  91. Use of Manheim’s Website by Website User, Purchaser or Vendor (as applicable and hereinafter referred to as “User”) shall be subject to Manheim’s website terms and conditions and Manheim’s Acceptable Use Policy, both of which can be accessed at www.manheim.co.uk/legal.
  92. By using the Website and Online Facilities, the User agrees to be bound by these policies.  

    93. General

  93. Where Assets are sold or purchased, or where Manheim provides any services, under these Conditions, Manheim shall require certain information from the Website User, Purchaser or Vendor (as applicable), which may include personal data (as defined in accordance with the Data Protection Act 2018). Any/all personal data collected by Manheim for such purposes shall be processed by Manheim in accordance with Manheim’s privacy policy, which can be accessed at www.manheim.co.uk/legal/privacypolicy.
  94. The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (as may be amended, updated or superseded) do not apply to the sale and purchase of Assets pursuant to these Conditions.
  95. These Conditions set out the entire agreement between (1) Manheim and Vendor; (2) Manheim and Purchaser; and (3) the Vendor and the Purchaser.
  96. No other person except for the parties to these Conditions shall have any right under the Contracts (Rights of Third Parties) Act 1999 to rely upon or enforce any term of these Conditions. The Purchaser shall not be entitled to enforce any term which is agreed by the Vendor for the benefit of Manheim. Nothing in these Conditions shall affect any right or remedy of a third party which exists or is available other than as a result of the aforementioned Act.
  97. These Conditions contain all the terms which are agreed in relation to the sale and purchase of an Asset and supersede any prior written or oral agreements, representations or understandings between the parties relating to the Asset.   A party proceeds to sell and purchase Assets solely on the basis of the terms set out in these Conditions.
  98. Without prejudice to any other right or remedy, Manheim shall be entitled but not obliged at any time to set off any liability including but not limited to Fees or any other amount properly due and owing to it of the Vendor or Purchaser owed to Manheim against any liability of Manheim to the Vendor or Purchaser as relevant (and howsoever arising and whether any such liability is present or future, liquidated or unliquidated).
  99. If any clause, sub-clause, or any part of a clause or sub-clause, of these Conditions is found by any court, tribunal, administrative body or authority of competent jurisdiction to be illegal, invalid or unenforceable than that provision will, to the extent required, be severed from these Conditions and will be ineffective. All other provisions of these Conditions will remain in full force and effect with such modifications as may be necessary to give effect to the remaining Conditions.
  100. Any notices shall be made by either email, facsimile, telephone or regular mail at Manheim’s election.
  101. Both the Purchaser and the Vendor agree not to assign their rights and obligations under these Conditions.
  102. No partnership, joint venture, employee-employer or franchisor-franchisee relationship arises between Manheim and either Purchaser or Vendor by reason of these Conditions.
  103. These Conditions shall be governed by English law and the parties agree to submit to the exclusive jurisdiction of the English courts.
  104. To the extent permitted by law, all international legislation shall not apply in relation to these Conditions.
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