Manheim Online Terms & Conditions
All sales and purchases of vehicles through Manheim are governed by and subject to Manheim’s Standard Terms and Conditions of Business (“Manheim’s Standard Terms”)
In addition, all sales and purchases made (including placing Bids and making Offers) through one of Manheim’s Online Facilities and the use of the Online Facilities generally shall be subject to the additional terms and conditions set out herein (the “Online Terms”). In the event of conflict or inconsistency between Manheim’s Standard Terms and these Online Terms, these Online Terms shall prevail.
This is an important document which should be read carefully before using any Online Facilities, making any Offers or placing any Bids. By using any of the Online Facilities, you agree to be bound by these Online Terms. We recommend you print a copy of these Online Terms for future reference.
Manheim reserves the right, at its discretion, to revise and amend these Online Terms from time to time. Your continued use of the Website or any Online Facilities thereafter shall be deemed to be your binding acceptance of any/all amendment(s).
Definitions
The definitions and expressions set out in the Standard Terms shall apply to these Online Terms, in addition to which the following words and expressions will have the following meanings:
Bid means an offer of money for a Vehicle;
Bid Event means a Listing hosted and run by Manheim on the Website, which is listed for a fixed period of time;
Bid Now means a binding Offer made by a Website User in respect of a Bid Event or Online Auction, which includes an option to place Bids;
Buy Now means a binding Offer for the proposed price displayed on the Listing which is accepted simultaneously;
Listing means an advertisement for a Vehicle for sale, inviting a Website User to place an Offer via Bid Now or Buy Now (as the case may be);
Offer means an offer of money for the purchase of a Vehicle on the Website via one of the Online Facilities which signifies the intention to pay the sum of money offered for the Vehicle;
Online Auction means an auction or Vehicle sale on the Website which is owned, maintained, controlled or run by or on behalf of Manheim;
Online Facilities means any of the following sales channels offered on the Website: a Bid Event, Buy Now and Online Auction, but excluding any live online auction that is broadcast simultaneously along with a physical auction. Reference to ‘Online Facility’ shall mean to one of the Online Facilities;
Online Fees means the online buyer fees, which vary according to the tier level applicable to the account of the buyer;
Reserve means in relation to any Listing within a Bid Event or Online Auction, the value set by the vendor of a Vehicle, which is the minimum price it would accept for the Vehicle;
Standard Terms means Manheim’s Standard Terms and Conditions of Business, which can be found at www.Manheim.co.uk/legal;
Trade Account means a Manheim account held by a company or individual who is a resident in the United Kingdom and who has adequately completed Manheim’s registration process (with presentation of sufficient documentation as required by Manheim) in order to purchase vehicles on behalf of and in the course of business through the Online Facilities;
Trade Account Holder means the company or individual who holds a valid Trade Account with Manheim for business/trade purposes only;
we/us/our means Manheim Limited (company number: 00448761), registered office Central House, Leeds Road, Rothwell, Leeds, LS26 0JE hereafter referred to as “Manheim.”
Website means www.manheim.co.uk and includes any mobile application of Manheim on which the Online Facilities are available;
Website User means any user accessing the website and its facilities, who must also be a Trade Account Holder to use the Online Facilities; and
you/your means you, the Website User.
Use of Online Facilities and Website
1. Manheim may, at its sole discretion, terminate, restrict and/or refuse the Website User’s use of the Website and/or the Online Facilities at any time (with or without notice to the Website User).
2. The Website User’s use of the Website and Online Facilities shall at all times be subject to Manheim’s Website Use Policy, Acceptable Use Policy and Privacy Policy. By using the Website and Online Facilities, the Website User agrees to be bound by these policies.
3. Manheim makes no promises or guarantees as to the availability of the Website and Online Facilities and that a Website User will have uninterrupted, secure or error free access to the Website or Online Facilities. Manheim excludes all liability in relation to any inability of a Website User to access the Website and Online Facilities, place Bids, make Offers or availability of real time notifications.
4. A Website User agrees that its use of the Website and Online Facilities (which includes making Offers and placing Bids) is at the Website User’s own risk and that Offers and Bids might not be received, accepted or utilised by Manheim.
5. By using the Online Facilities, the Website User warrants and promises that the Website User:
a) has an existing Trade Account with Manheim;
b) is the registered Trade Account Holder and has used the username and password (which was allocated to the Website User by Manheim on registration for the use of the Online Facilities) to access the Website;
c) shall only place Bids or make an Offer acting in the course of business and not as a private consumer; and
d) is at least 18 years old.
6. Manheim reserve the right to take any action deemed necessary (which, for the avoidance of doubt, includes court action) in the event that any of the warranties in clause 5 are found at any point to be untrue or inaccurate. You agree 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 any action taken by Manheim as a result of your breach of any of the warranties in clause 5.
7. The currency which applies to all Listings is UK Pounds Sterling, unless the Website expressly specifies otherwise.
8. Clause 43 of the Standard Terms shall equally apply to the Website User’s Trade Account details and use of the Online Facilities under these Online Terms.
Contract of Sale
9. For the purposes of these Online Terms, the definitions of ‘Acceptance’ and ‘Contract of Sale’ within the Standard Terms shall be extended to include any Bids as well as Offers.
10. The procedure for purchasing a Vehicle and the point at which the Contract of Sale is formed will vary depending on which Online Facility is used, as more particularly described below in clauses 11, 12 and 13.
11. Bid Events
a) The Website contains a link to all Bid Events, which can be found at www.manheim.co.uk/catalogues-and-events. For each Bid Event, it will specify the start and end times and dates for each Listing.
b) Bids 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) Any and all Bids placed in relation to any Listing within a Bid Event shall be binding. Website Users should not place any Bids or make any Offers if they do not intend to be legally bound to purchase the Vehicle in the Listing.
d) At the expiry of the Listing for a Bid Event, the current highest Bid for a Vehicle shall be automatically accepted, providing the Vehicle’s Reserve has been met or exceeded. The Website User is made aware by a real time online notification immediately following the expiry of the Listing confirming they are the highest bidder and their Bid has been Accepted, thereby forming a Contract of Sale. At this point, the Website User is legally bound to purchase the Vehicle at the Purchase Price.
e) If the Reserve has not been met at the expiry of the Listing for a Bid Event, the highest bid for that Vehicle 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 Bid has not yet been Accepted. Subsequently, and where possible within 24 hours, the Website User will be contacted to confirm whether the Bid has either been rejected (and no binding contract shall come into force) or accepted (at which point a Contract of Sale is formed).
12. Buy Now
a) Listings for Vehicles that are available to purchase via the Buy Now method are found at www.manheim.co.uk/catalogues-and-events. These Listings will be displayed with the Buy Now button.
b) The amount listed next to the Buy Now button within the Listing is the amount for which the Vehicle 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. You should not click on any Buy Now button if you do not intend to be legally bound to purchase a Vehicle.
13. Online Auction
a) Online Auctions can be accessed via the Website at www.manheim.co.uk/catalogues-and-events.
b) Online Auctions commence at the listed start time and shall be hosted by a Manheim auctioneer.
c) Any and all Bids placed in relation to any Listing in an Online Auction shall be binding. Website Users should not place any Bids or make any Offers if they do not intend to be legally bound to purchase the Vehicle in the Listing.
d) The Website User is made aware by a real time online notification immediately following the fall of the hammer for a Listing confirming they are the highest bidder and their Bid has been Accepted on behalf of a Vendor, thereby forming a Contract of Sale. At this point, the Website User is legally bound to purchase the Vehicle at the Purchase Price.
e) If the Reserve has not been met at the fall of the hammer for a Listing for an Online Auction, the highest bid for that Vehicle 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 Listing confirming they are the highest bidder but that their Bid has not yet been Accepted. Subsequently, where possible within 24 hours, the Website User will be contacted to confirm whether the Bid has either been rejected (and no binding contract shall come into force) or accepted (at which point a Contract of Sale is formed).
14. Once the Contract of Sale has been formed in accordance with clause 11, 12 or 13 above (as applicable),
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 in the Standard Terms and all relevant provisions within the Standard Terms relating to Purchasers shall apply, except as stated otherwise in these Online Terms.
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 cancel a Contract of Sale and a Website User has already paid the Purchase Price, Manheim shall refund the Purchase Price in full.
16. All Bids and Offers are non-cancellable by the Website User.
Payment and collection
17. All purchases of Vehicles made via an Online Facility shall be subject to the Online Fee, which is payable in addition to the Purchase Price and Fees. Accordingly, any references to ‘Fees’ within the Standard Terms shall be deemed to include the Online Fee.
18. Invoices issued to the Website User following the formation of a Contract of Sale shall be payable, in addition to payment of the Online Fees, by the Website User in accordance with clause 26 of the Standard Terms.
19. Sales of vehicles via Online Facilities shall be treated as sales effected by the fall of a hammer in accordance with clause 14 of the Standard Terms and not as private treaty sales.
Purchaser’s rights
20. For the purposes of these Online Terms, the following clauses relating to the purchaser’s rights within the Standard Terms shall be amended as follows:
a) Clause 2(c) – replace the wording “within 3 (three) Business Days of the date of Acceptance” with “within 3 (three) Business Days of collection or delivery of the Vehicle (as applicable)”;
b) Clause 50 – replace the word “Acceptance” in line 2 with “collection or delivery of the Vehicle (as applicable)”; and
c) Clauses 83(b) and 83 (c) – in each instance, in line 2 replace the word “Acceptance” with “collection or delivery of the Vehicle (as applicable)”.
21. Where a Vehicle is sold by Manheim with the benefit of SureCheck then Manheim makes the applicable warranties as detailed in Clause 2.2 of the SureCheck terms and conditions concerning that Vehicle as at the date of the Contract of Sale and expiring on the earlier of:
(a) the end of the 7 (seven) day period following Acceptance or, if Manheim delivers the Vehicle to the Purchaser, the end of the 7 (seven) day period following the date of delivery to the Purchaser (as evidenced by Manheim’s delivery note); and
(b) the time at which the Vehicle’s subsequent mileage exceeds 250 (two hundred and fifty) miles as compared to the mileage of the Vehicle as recorded in Manheim’s records as at the date of the Contract of Sale,
(the Warranty Period).
Manheim provides the different levels of SureCheck including Bronze, Silver and Gold SureCheck. A Vehicle sold with the benefit of one of these levels shall be supplied with those warranties which are relevant to that respective level of SureCheck and which will be set out on the Manheim website (see manheim.co.uk/surecheck) and in other sales literature in use at the time of the sale of the Vehicle (the Warranties), but in each case excluded from the scope of the Warranties are any defects or deviations from the Warranties made known to the Purchaser by Manheim at any time prior to the Contract of Sale being concluded.
22. All Vehicles offered for sale via the Online Facilities are sold as seen and as described in the documentation available as part of each Listing. Website Users should be aware of their obligations as a Purchaser to ensure the suitability and condition of a Vehicle before making any Offers or placing any Bids, as are more fully set out in the Standard Terms.
23. Any Vehicles marked as or referred to in a Listing as a ‘non-runner’ are sold as seen and subject to any inherent faults which may or may not be listed in any vehicle description or documentation (including in a Listing). All non-runner Vehicles are purchased at the sole risk of the Website User/Purchaser and Manheim offers no warranty or representation whatsoever that such Vehicles are Roadworthy, mechanically sound or are of a satisfactory quality.
Vendor’s obligations
24. Vendors agree that where a Vehicle is available for sale through one of the Online Facilities, it shall not advertise or purport to sell the Vehicle elsewhere. In the event that a Vendor fails to comply with this clause 22, the Vendor acknowledges that it may incur legal liabilities to a Website User and/or Manheim where it also enters into a contract for the sale of the Vehicle elsewhere. Any disputes between the Website User and a Vendor shall be dealt with in accordance with the Standard Terms.
25. If a Vehicle is sold which Manheim agrees has:
a) a major defect which was not disclosed prior to a Contract of Sale being formed,
b) been materially misrepresented by the Vendor,
then provided that the description or condition of the Vehicle is deemed by Manheim to be materially different to the Vehicle’s description or condition in the Listing, Manheim reserves the right to allow the Website User to reject and return the Vehicle to the Vendor for a refund of the Purchase Price by the Vendor.
Manheim’s obligations
26. Manheim’s liability and obligations to any Vendor, Purchaser and/or Website User is set out in the Standard Terms.
27. Other than as set out in these Online Terms and/ or the Standard Terms, both the Vendor and Manheim expressly excludes any and all representations, conditions and warranties in relation to the Vehicle including any which may otherwise be implied into the Contract of Sale by the Consumer Rights Act 2015, Sale of Goods Act 1979, any other legislation or by common law (whether this be terms implied by custom and practice or otherwise).
