Manheim SureCheck Terms and Conditions
1 Introduction
1.1 Each Vehicle which sold or purchased via Manheim is sold or purchased subject to Manheim’s Standard Terms and Conditions of Business in force at the relevant time which can be accessed at manheim.co.uk/legal or are available from Manheim on request (the Standard Terms and Conditions).
1.2 Under the Standard Terms and Conditions and as a matter of the general law which is applicable to sales by auction, a Purchaser is granted only limited rights to return a Vehicle after a Contract of Sale has been concluded or otherwise to bring any claim against Manheim in connection with the condition of any Vehicles. However, Manheim may at its discretion sell certain Vehicles with the benefit of its SureCheck protection (whether or not in return for an additional payment in respect of that SureCheck protection) which consists of certain additional contractual rights for the Purchaser should a Vehicle deviate during a limited period after a Contract of Sale has been concluded from certain statements deemed made by Manheim concerning its condition as at the date of that Contract of Sale (SureCheck).
1.3 These SureCheck Terms and Conditions set out the additional terms and conditions which apply with respect to the provision of SureCheck and form part of the Standard Terms and Conditions except that in the event of any inconsistency or contradiction arising between these SureCheck Terms and Conditions and the Standard Terms and Conditions then these SureCheck Terms and Conditions shall control and take precedence.
1.4 Unless otherwise provided in these SureCheck Terms and Conditions, defined words and expressions used in the Standard Terms and Conditions shall have the same meanings when used in these SureCheck Terms and Conditions.
2 SureCheck Protections
2.1 Where a Vehicle is sold by Manheim with the benefit of SureCheck then Manheim makes the applicable warranties as detailed in Clause 2.2 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.
2.2 For the avoidance of doubt, Vehicles sold with the benefit of SureCheck include the benefit only of the applicable warranties as detailed in Clause 2.2 together with any warranties under the Standard Terms and Conditions but any and all other warranties concerning such Vehicles are excluded by Manheim to the fullest extent permitted by law. However, nothing in this Clause 2.3 or elsewhere in these SureCheck Terms and Conditions shall act so as to limit or exclude any liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation and/or any other liability which cannot lawfully be limited or excluded.
2.3 SureCheck Scheme means where Manheim has described a Vehicle as coming with the benefit of the Manheim SureCheck Scheme, which in turn means the Vehicle has been checked in a static position only (no road testing is undertaken) by a qualified Manheim SureCheck inspector in respect of up to 61 (sixty one) items indicated as warranted by the Manheim SureCheck Checklist, except where a Defect Notification is included on the Manheim SureCheck Checklist.
2.4 Manheim SureCheck Checklist means the document displayed on a Vehicle prior to sale listing up to 61 (sixty one) items as warranted by Manheim under the Manheim SureCheck Scheme including (where applicable) a Defect Notification
2.5 Defect Notification: means a notification included on the Manheim SureCheck Checklist setting out any defect(s) relating to a Vehicle (“Defect(s)”). The Defects disclosed under a Defect Notification are not warranted by Manheim and the Purchaser shall have no recourse whatsoever against Manheim in relation to those Defects.
2.6 A Vehicle component Defect(s) relates to the component no longer functioning effectively enough to fulfil its main purpose or task to a reasonably expected level of performance commensurate with the age and mileage of the Vehicle
3 Submitting a Request
3.1 In the event that the Purchaser believes in respect of any Vehicle sold with the benefit of SureCheck that any breach of the applicable Warranties has occurred during the Warranty Period then the Purchaser must submit a request (a Request) to Manheim via one of the following means by no later than the expiry of the applicable Warranty Period:
(a) via the SureCheck App which can be download by Purchasers from manheimsurecheck.co.uk or Text SureCheck to 88802
(b) via the SureCheck portal at manheimsurecheck.co.uk/request or
(c) via telephone 01279 400526;
3.2 For the avoidance of doubt, unless SureCheck protection lapses or ends earlier in accordance with these SureCheck Terms and Conditions, SureCheck protection automatically lapses at (and Manheim shall have no obligation to consider any Request after) the end of the Warranty Period and Manheim shall have no liability to the Purchaser (whether under these SureCheck Terms and Conditions or otherwise) in respect of any actual or alleged breach of the Warranties: occurring after the expiry of the applicable Warranty Period (or, if applicable, after any earlier termination in accordance with these SureCheck Terms and Conditions of SureCheck protection); where the relevant Request is submitted after the expiry of the applicable Warranty Period; and/or where the relevant Request is not submitted in accordance with the process as detailed in Clause 3.1.
4 Requests Process
4.1 Manheim shall review each Request made in accordance with Clause 3.1 and shall contact the Purchaser to confirm receipt of their Request and to discuss how that will be processed. The Purchaser shall promptly provide any additional information and documentation that Manheim may reasonably request to assist with validating and processing their Request and/or if requested by Manheim shall make the Vehicle available for inspection by Manheim at a location and at a time and date as reasonably specified by Manheim.
4.2 In the event that after assessing a Request Manheim considers that Request to be valid (namely that there has been a deviation from the applicable Warranties and the Request for that has been submitted in accordance with and is not excluded under these SureCheck Terms and Conditions) then Manheim shall at its discretion provide the Purchaser with one of the following remedies which shall be the Purchaser’s sole and exclusive remedy with respect to their Request:
(a) Manheim shall arrange to have the Vehicle repaired at its own expense so that the deviation is remedied and if so, the applicable repairs procedure detailed in Clause 5 shall apply;
(b) Manheim shall reimburse the Purchaser for the cost to them of having the Vehicle repaired themselves so that the deviation is remedied and if so, the applicable repairs procedure detailed in Clause 5 shall apply; or
(c) Manheim shall accept a return of the Vehicle and pay to the Purchaser the Market Value of that Vehicle subject to and in accordance with the returns procedure as detailed in Clause 6.
5 Vehicle Repairs
ALL REPAIRS MUST RECEIVE PRIOR APPROVAL
Repairer selected by Manheim
5.1 Where Manheim elects to have a Vehicle repaired at its own expense then the Purchaser must deliver that Vehicle at their own expense to the repairer selected by Manheim at a time and date as reasonably specified by Manheim. Manheim shall provide the Purchaser with an authorisation code which must be provided by the Purchaser to Manheim’s repairer before any repairs can be commenced.
Repairs arranged by Purchaser
5.2 Where Manheim elects to reimburse the Purchaser for the cost of a repair then prior to any such repairs taking place, the Purchaser shall provide Manheim with a quote for the repair work for Manheim’s approval, and if approved by Manheim an Authorisation Number will be issued to the Purchaser (“Authorisation Number”). Repair work must not be undertaken without an Authorisation Number and Manheim shall only be liable to pay the amount relating to the specific Authorisation Number.
5.3 Manheim’s obligation to reimburse the Purchaser for the cost of a repair shall be conditional upon the Purchaser actually arranging for that repair to be undertaken and Manheim shall be under no obligation to make any payment to the Purchaser should they elect not to have the repair in question undertaken. Within 7 (seven) days of any request by Manheim the Purchaser shall promptly provide to Manheim such evidence as Manheim may reasonably require to enable it to verify that the repair in question has been undertaken (including, if requested by Manheim, permitting Manheim or its authorised agent full and unrestricted access to the Vehicle) and the actual cost charged to the Purchaser for undertaking that repair. Manheim shall be entitled to withhold or recover payment from the Purchaser (as applicable) should the Purchaser fail to provide any such evidence within 7 (seven) days of Manheim’s request.
All Repairs
5.4 Regardless of whether any repair has been organised by Manheim or the Purchaser Manheim shall only be:
(a) obliged to authorise and pay the cost of the minimum level of repair required to rectify the deviation from the Warranty in question but not further or otherwise and in particular, Manheim shall not be obliged to authorise or pay for any additional work or repairs which might be considered desirable but not strictly necessary in connection with the rectification of the deviation from the Warranty in question; and
(b) liable for the charges and costs of the repairer in respect of repairs authorised by Manheim in advance in writing. Should the Purchaser request the repairer undertake any other work or repairs on the Vehicle then such additional work is at the sole cost, expense and risk of the Purchaser and Manheim shall not be responsible or liable for the same; and
(c) liable for the charges and cost relating to the use during the repair of manufacturer exchanged, exchanged or reconditioned parts or like for like parts of a similar make, quality and wear to effect the repair.
6 Vehicle Returns
6.1 If a repair is mechanically, practically and commercially viable then Manheim reserve the right to refuse the Purchaser the right to return of a vehicle.
6.2 Where Manheim has agreed to accept the return of a Vehicle then the Purchaser must return that Vehicle at the Purchaser’s own expense to the Manheim centre from where it was originally purchased (or to such alternative Manheim centre as Manheim may agree to) within 48 hours of Manheim’s request to do so and during the usual opening hours of the centre in question. When returning any Vehicle the purchaser shall provide any reference code given to them by Manheim.
6.3 Risk of loss or damage occurring to any Vehicle shall pass from the Purchaser to Manheim at the time that the Purchaser returns that Vehicle to Manheim in accordance with Clause 6.1. In the event that any Vehicle is lost, stolen, damaged or otherwise suffers any of the events as detailed in Clause 7.1 prior to its return to Manheim in accordance with Clause 6.1 then Manheim shall have no obligation or liability to accept the return of that Vehicle and/or to pay the Market Value of that Vehicle (or any other amount) to the Purchaser.
6.4 Ownership of any Vehicle shall pass from the Purchaser to Manheim at the time that the Purchaser returns that Vehicle to Manheim in accordance with Clause 6.1 and the Purchaser shall promptly execute all documentation and undertake any other actions as Manheim may reasonably request to confirm that transfer of ownership.
6.5 As soon as reasonably practical following the return of a Vehicle to Manheim in accordance with Clause 6.1, Manheim shall undertake an inspection of that Vehicle and any necessary searches to confirm that its return is as permitted under these SureCheck Terms and Conditions. If Manheim confirms that the return of a Vehicle is:
(a) permitted under these SureCheck Terms and Conditions then within 4 (four) business days of Manheim confirming that to the Purchaser Manheim shall pay to the Purchaser the Market Value of that Vehicle (which shall be calculated in accordance with the definition of Market Value as provided for under the Standard Terms and Conditions save that reference in that definition to a claim shall be deemed to be a reference to a Request under these SureCheck Terms and Conditions) which payment shall be made by Manheim at its discretion either by cheque made payable to the Purchaser or by electronic transfer to a single bank account held in the name of the Purchaser which must be located in the UK (provided that Manheim shall be permitted to delay such payment unless and until the Purchaser has executed all documentation and undertaken any other acts as referred to in Clause 6.3 required to transfer ownership of that Vehicle from the Purchaser to Manheim and the Purchaser has paid all amounts due to Manheim in respect of their original purchase of that Vehicle); or
(b) not permitted under these SureCheck Terms and Conditions then the risk of loss or damage occurring to that Vehicle shall pass from Manheim to the Purchaser at the time that Manheim notifies the Purchaser that its Request is not permitted (and thereafter Manheim shall have no liability or responsibility to the Purchaser for any loss or damage which may occur to that Vehicle whilst it remains in the custody of Manheim) and the Purchaser shall at its own expense collect that Vehicle from Manheim during the usual opening hours of the Manheim centre in question within 2 (two) days of receipt of Manheim’s notification (and ownership of that Vehicle shall pass from Manheim to the Purchaser upon its collection).
6.6 In the event that a Purchaser fails to collect any returned Vehicle from Manheim in accordance with Clause 6.4(b) then:
(a) Manheim shall thereafter be entitled to dispose of that Vehicle on the behalf of the Purchaser by any means selected by Manheim and the Purchaser hereby irrevocably authorises Manheim to do so and shall promptly execute all documentation and undertake any other actions as Manheim may reasonably request to enable any such disposal. Where Manheim elects to dispose of any such returned Vehicle by way of a sale on the behalf of the Purchaser then such sale shall be made subject to the Standard Terms and Conditions and the Purchaser shall be deemed to be the Vendor for the purposes of those Standard Terms and Conditions; and Manheim shall account to the Purchaser for the proceeds of any such sale after deduction of any amounts as referred to in Clause 6.5(b); and
(b) the Purchaser shall on demand reimburse Manheim for all costs and expenses incurred by Manheim in accepting and processing the return of that Vehicle and its subsequent storage and sale/disposal (including any Vendor charges payable under the Standard Terms and Conditions). Where Manheim receives any proceeds of sale as a result of any sale of such Vehicle on the behalf of the Purchaser then prior to accounting to the Purchaser for those proceeds of sale Manheim shall first be entitled to off-set and retain from such proceeds of sale any costs and expenses as referred to in this Clause 6.5(b).
6.7 For the avoidance of doubt, where the return of any Vehicle is permitted under these SureCheck Terms and Conditions then regardless of the actual purchase price paid by the Purchaser, the only amount which Manheim is obliged to pay to the Purchaser is the Market Value of that Vehicle and Manheim shall not be liable to reimburse the Purchaser for any other costs and expenses incurred by it in connection with the purchase of that Vehicle (such as any Buyer’s Premium or charge paid in consideration for SureCheck protection) and/or the return of that Vehicle to Manheim.
7 Exclusions
7.1 SureCheck shall automatically lapse; Manheim shall have no obligation or liability to the Purchaser (whether under these SureCheck Terms and Conditions or otherwise) and shall be entitled to reject any Request in the event that:
(a) Manheim considers that the Purchaser has committed any fraud or otherwise failed to act in good faith in connection with any Request and in particular, should Manheim have grounds to suspect that: a Vehicle has been deliberately damaged by or on the behalf of the Purchaser in order to facilitate a Request; the Purchaser has mislead Manheim as to the actual cost which will be paid for any repairs to be arranged by the Purchaser; and/or the volume/pattern of Requests submitted by the Purchaser suggests that the Purchaser is deliberately seeking to abuse SureCheck protection and/or which is inconsistent with the obligation of the Purchaser to act in good faith;
(b) a Vehicle is stolen, damaged by reason of fire, vandalism or other criminal activity and/or by any wilful, deliberate, accidental or negligent acts or omissions of the Purchaser (including using any incorrect fuel or grade of fuel with the Vehicle, continuing to use the Vehicle with a fault, continuing to use the Vehicle whilst overheating) and/or of any third party not acting with the authority of Manheim;
(c) a Vehicle is damaged by reason of the Purchaser and/or any third party not acting with the authority of Manheim failing to operate and maintain the Vehicle in accordance with all applicable laws; using all reasonable skill and care; and in accordance with the manufacturer’s instructions (for example, overloading the Vehicle or failing to maintain correct anti-freeze protection);
(d) any deviation from any of the Warranties which has occurred is reasonably attributable to general fair wear and tear and/or the Purchaser continuing to use the Vehicle after any deviation or other fault or issue has become apparent;
(e) the Purchaser fails to provide any information and/or documentation and/or make the Vehicle available for inspection in accordance with Clause 4.1;
(f) in the case of any Vehicle repairs arranged by Manheim, the Purchaser fails to make the Vehicle available for repair in accordance with Clause 5.1;
(g) in the case of any Vehicle returns, the Purchaser fails to return the Vehicle to Manheim in accordance with Clause 6.1;
(h) a Vehicle is used as security for any other loan or other finance and/or should the original Purchaser of the Vehicle otherwise fail to maintain full unencumbered title to the Vehicle for the full term of the Warranty Period;
(i) a Vehicle is involved in any accident (whether or not the fault of the Purchaser) or is the subject of an Insurance Total Loss or a Stolen Recovery;
(j) a Vehicle is used (whether or not by the Purchaser) in connection with the commission of any criminal offence;
(k) a Vehicle is used in any type of race or competition;
(l) a Vehicle is customised or modified in any way;
(m) a Vehicle is used as taxi or for any other commercial purposes; and/or
(n) a Vehicle is re-registered and/or exported, taken out of (whether or not on a temporary basis) or registered outside of the UK.
8 Data Protection
Any and all personal data obtained from a Purchaser in connection with the provision of SureCheck shall be processed by Manheim in accordance with its privacy policy from time to time in force, the current version of which can be accessed at manheim.co.uk/legal/privacy-policy.
9 Assignment and Vehicle Sales by the Purchaser
SureCheck is provided for the benefit only of the original Purchaser of a Vehicle. The original Purchaser of a Vehicle may not transfer, assign, sell or otherwise deal with their rights and obligations under these SureCheck Terms and Conditions and any attempt by the Original Purchaser to do so shall be void. In particular, if the original Purchaser of a Vehicle sells that Vehicle during the Warranty Period then the original Purchaser may not transfer their rights and obligations under these SureCheck Terms and Conditions to the subsequent purchaser of that Vehicle.
10 Sub-Contracting
Manheim may sub-contract the performance of any or all of its obligations and responsibilities under these SureCheck Terms and Conditions (including the administration of Requests and/or the performance of any repairs) to third parties selected by Manheim (and as at the date of these SureCheck Terms and Conditions Manheim has sub-contracted the administration and processing of Requests to AutoProtect Administration Limited) but shall remain liable for the acts or omissions of any such sub-contractors as if those were the acts or omissions of Manheim itself under these SureCheck Terms and Conditions.
11 Complaints
11.1 Any enquiry or complaint relating to SureCheck (whether relating to the manner in which SureCheck was promoted or provided and/or in respect of the processing of any Request) should in the first instance be submitted to Manheim’s appointed sub-contractor via one of the following means:
AutoProtect Administration Limited, Warwick House, Roydon Road, Harlow, Essex CM19 5DYEmail: services@autoprotect.co.uk
Tel no: 01279 456500
Details of the relevant Vehicle sale and transaction number should be provided to enable any enquiry or complaint to be dealt with promptly.
11.2 Manheim (or Manheim’s appointed sub-contractor) will contact Purchasers within 5 (five) business days of receiving any complaint to confirm what action is being are taking and will endeavour to resolve any complaints and provide a final answer/resolution within 4 (four) weeks. In the event that such 4 (four) week period will be exceed, Manheim (or Manheim’s sub-contractor) will keep Purchasers updated as to when a final answer/resolution will be provided).
11.3 If a final answer/resolution has not been provided within 8 (eight) weeks of a complaint being submitted or should a Purchaser not be satisfied with the final answer/resolution provided, Purchasers can refer their complaint to the Motorcodes Advisory and Conciliation Service (MACS) to which Manheim subscribes. The MACS Consumer Advice Line can be contacted on 0800 692 0825 or complaints or enquiries can be submitted online at www.motorcodes.co.uk. If any complaint or enquiry cannot be resolved by MACS in the first instance then Purchasers may refer that complaint or enquiry to a legally binding arbitration service which is also offered by MACS.
12 List of Components Covered
Download a full list of all the components inspected here
