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Terms & 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 Vehicles 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 Vehicles sold and purchased will be governed by these Conditions (whether such Vehicles are sold at a physical or electronic auction or sold directly without being auctioned). 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 manheim.co.uk or upon request at Manheim auction centres.



Your attention is specifically drawn to:

  • clauses 5, 33 and 34 in relation to Unroadworthy Vehicles; and
  • clauses 50 and 83 and the time limits imposed by these clauses.

Definitions



Accept or Acceptance means when the Vendor accepts an Offer put to Manheim (and a Vendor hereby authorises Manheim to accept any Offer on its behalf when an Offer is the same as or greater than a reserve price set by the Vendor and/or where no reserve price has been set by a Vendor it is the highest Offer that Manheim decides to accept in its sole discretion on behalf of a Vendor)



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



Buyer’s Premium means the fees payable for the provision of a number of services (such as Manheim making available its auction facilities and Manheim’s administration and associated services) including those rights provided by Manheim to a Purchaser in accordance with clauses 82 and 83



Contract of Sale means the contract between Vendor and Purchaser for the purchase of the Vehicle which comprises these Conditions and is formed upon the Vendor’s Acceptance of the Purchaser’s Offer



Entered for Sale means the point in time at which the Vendor has instructed Manheim to enter a Vehicle 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 Vehicles whether electronically or otherwise and fees for any additional products or services offered by Manheim)



Insurance Total Loss means that a Vehicle has been categorised by insurers as any of a category A (scrap metal only), category B (break for spare parts only), category C (repairable Vehicle where repair costs exceeded the Vehicle’s pre-accident value), category D (repairable Vehicle) and category F (fire damage)



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



Market Value means the lesser of:



a) the mean average selling price of a Vehicle which is:



         (i) achieved at a Manheim auction over the 3 (three) month period ending with the month in which the Vehicle the subject of the claim was purchased or, if not purchased, the date delivered, collected or taken possession of by Manheim; and



         (ii) the same make, model and substantially the same condition and mileage as the Vehicle the subject of any claim; OR



b) the market value of a Vehicle for its make, model and condition at the date a claim is made



Offer means any price offered to be paid for a Vehicle 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)



Purchase Price means the price which has been Accepted for a Vehicle



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



Rate of Interest means 4% above National Westminster Bank 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



Roadworthy means that a Vehicle complies with all legislation in force from time to time to ensure that Vehicles do not cause a danger on the roads and highways (including any regulations as to brakes, steering, gears, tyres, lighting equipment or any other such matter)



Safety Recall means a recall issued by a Vehicle manufacturer regarding defects, which have the potential to cause serious injury, including instructions for remedying the defect



Stolen Recovery means a Vehicle that has been stolen and recovered



SureCheck means where a Vehicle Entered for Sale has been described as coming with the benefit of Manheim’s SureCheck protection, which consists of certain additional contractual rights for a Purchaser should a Vehicle deviate during a limited period of time 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. Any Vehicle purchased with the benefit of SureCheck shall be subject to SureCheck Terms and Conditions



SureCheck Terms and Conditions means the additional terms and conditions which apply in respect of the provision of SureCheck and form part of these Conditions



Territory means mainland England, Scotland and Wales and excludes any areas where a Vehicle needs to be transported by ship, plane or any other similar form of transport



Vehicle means any car, light commercial van, motorcycle, caravan, heavy goods vehicle or any other vehicle, plant, machinery, equipment or any other asset



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



For the avoidance of doubt, any reference to the age or year of a Vehicle shall be deemed to be a reference to the year of the Vehicle's first registration in the United Kingdom as stated in the Vehicle registration document.



Vendor’s duties

  1. Unless the Vendor has otherwise instructed Manheim in writing prior to a Vehicle being Entered for Sale and Manheim has agreed to act in accordance with that instruction, the Vendor warrants and promises to both Manheim and the Purchaser that unless disclosed otherwise as part of the sales process, that where relevant:
  2. a)     the Vendor owns the Vehicle and accordingly has unencumbered title to and a right to sell the Vehicle;

    b)     the Vehicle has not been subject to an Insurance Total Loss and/or is not a Stolen Recovery;

    c)     the odometer (or the total mileage of a Vehicle if stated to be different from the odometer) if noted as “warranted” will be true and accurate;

    d)     the Vehicle has its true and proper registration mark and chassis number and/or vehicle identification number and which corresponds to the Vehicle registration documents;

    e)     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;

    f)      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 a Vehicle);

    g)     any and all Safety Recalls applicable to the Vehicle have been dealt with in accordance with manufacturer instructions and, where required, any default(s) fully remedied;

    h)     the Vehicle has not been used by the police, used as a taxi, re-registered, imported and/or registered outside of the United Kingdom;

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

  3. If the Vendor is in breach of the warranty set out in clause 1(c) above, the Vendor shall only be liable to the Purchaser:
  4. a)    in respect of any negative difference between the Market Value of the Vehicle on the date of Acceptance and the actual price paid for the Vehicle by the Purchaser arising from a discrepancy between any mileage warranted in relation to the Vehicle at the time of Acceptance and the actual mileage of the Vehicle; and

    b)    only then if the discrepancy is at least 1,000 (one thousand) miles or 10% (ten per cent) more than the actual mileage of the Vehicle (whichever is greater); and

    c)     the Purchaser gives notice in writing to Manheim (as agent of the Vendor) of said discrepancy within 3 (three) Business Days of the date of Acceptance (failing which the Vendor will have no further liability in relation to the warranty set out in clause 1(c)) above.

  5. 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 Vehicle.
  6. It is the duty of the Vendor to ensure the Vehicle is insured against third party damage and/or theft whilst on Manheim’s premises or otherwise in Manheim’s control and shall remain insured until risk passes to a Purchaser upon Acceptance. Risk in the Vehicle remains with the Vendor at all times until a Contract of Sale has been entered into.
  7. A Vendor warrants to Manheim that it will immediately inform Manheim if a Vehicle is known by it not to be Roadworthy.
  8. A Vendor warrants to Manheim that where plant, machinery or some other substantially similar asset are being sold, they will be safe for use and operation.
  9. 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 clauses 5 and 6.
  10. 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 uploaded onto Manheim’s systems.
  11. 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.
  12. A Vendor must inform Manheim in writing of the VAT status of a Vehicle prior to that Vehicle being Entered For Sale. The VAT status of a Vehicle as notified to Manheim prior to the sale of a Vehicle shall be binding and may not be changed following a Contract of Sale arising in respect of that Vehicle.
  13. 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.
  14. Contract of sale

       

  15. When an Offer is Accepted by the Vendor a Contract of Sale is formed between the Purchaser and the Vendor.
  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. The fall of the hammer 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 Vehicles ends and Manheim has received (on behalf of the Purchaser) the Acceptance from a Vendor.
  18. Whilst risk in the Vehicle passes to the Purchaser at the time of Acceptance, all ownership and title in the Vehicle remains with the Vendor until it has received the Purchase Price less any Fees.
  19. The Contract of Sale contains the warranties and representations made by the Vendor at clause 1 of these Conditions. The Vendor makes no other warranties or representations about the Vehicle. Whenever practical, it shall be for the Purchaser to inspect the Vehicle and make such enquiries, as the Purchaser considers appropriate concerning the Vehicle, with relevant third party providers of information. It is for the Purchaser to satisfy itself about any Offer it wishes to make for the Vehicle.
  20. Other than as set out in these Conditions, the Vendor expressly excludes any and all representations and warranties about the Vehicle including any which may otherwise be implied into the Contract of Sale by the Consumer Rights Act 2015, any other legislation or by common law (whether this be terms implied by custom and practice or otherwise).
  21. The Vendor shall not be liable to any Purchaser for any special, consequential or indirect losses suffered by a Purchaser in relation to the Vehicle.
  22. 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 Purchaser.
  23. At all times the Vendor’s liability to a Purchaser shall not exceed the Purchase Price.
  24. 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 or for any fraud or fraudulent misrepresentation.
  25. For the avoidance of doubt, each of the matters set out at clauses 16 to 21 are a part of the Contract of Sale.
  26. Payment of Purchase Price and related matters



    Vendor



  27. Manheim shall in normal circumstances remit the Purchase Price (less its Fees) for the Vehicle to the Vendor within 5 (five) Business Days of:
  28. a)         Manheim having received the full Purchase Price in cleared funds; and

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

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

  29. The Vendor authorises Manheim to deduct from the Purchase Price:
  30. a)     any and all Fees which are payable by the Vendor to Manheim (whether in respect of the Vehicle to which the Purchase Price relates or in respect of any other services, products or Vehicles);

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

  31. 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.
  32. Purchaser



  33. A Purchaser must pay the Purchase Price (and any VAT, where relevant), Buyer’s Premium and any other Fees 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) days of the date of invoice. The method of payment shall be in accordance with Manheim’s then current operating procedures and practices.
  34. General



  35. 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 (including the Buyer Premium) by the due date for payment, Manheim shall have the right to resell the relevant Vehicle 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 Vehicle (including any difference between the Purchase Price and the resale price) will be payable by the Purchaser to Manheim.
  36. Where the Purchaser has purchased more than one Vehicle, Manheim reserves the right not to allow any Vehicle to be removed from its premises until payment in full has been made in cleared funds in respect of all the Vehicles so purchased.
  37. 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 Vehicles 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 input 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. A Vendor must provide Manheim with details of the VAT number issued by HMRC and notify Manheim immediately if the VAT number is changed or cancelled.
  38. Purchaser’s Duties



  39. Risk in the Vehicle passes to the Purchaser upon Acceptance. It is therefore the Purchaser’s duty to insure the Vehicle from that time.
  40. 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.
  41. 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.
  42. The Purchaser understands and agrees that it is the Purchaser’s duty to ensure that all necessary safety checks on the Vehicle are undertaken before putting the Vehicle into use (including placing them on the highway).
  43. It is the Purchaser’s responsibility and it shall accordingly and additionally warrant and represent to Manheim that it will do all things necessary to ensure (including by undertaking repair or maintenance as necessary) that the Vehicle is safe for operation and use and that the Purchaser has all necessary permits, certificates or any other legally required documentation or insurance as may be necessary to use the Vehicle (whether on the highways or otherwise).
  44. Where a cherished registration plate is assigned to a Vehicle but not purchased with the Vehicle, the Purchaser:
  45. 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.

  46. The Purchaser warrants, represents and undertakes that it will do all things necessary to ensure that the Vehicle is Roadworthy or, where not Roadworthy, that they are put in a condition so as to be Roadworthy and safe for use before putting them on the road.
  47. The Purchaser shall pay any deposit in respect of the purchase of Vehicles as may be required by Manheim. The deposit shall be returned by Manheim if:
  48. a)     an Offer is withdrawn prior to Acceptance and no Contract of Sale is therefore concluded in respect of the Vehicle; or

    b)     a Vendor has agreed to cancel a Contract of Sale.

    Deposits shall not be refundable where a Purchaser seeks to withdraw an Offer after Acceptance and where clause 37(b) does not apply or where a Purchaser otherwise fails to pay (howsoever arising) for a Vehicle.

  49. Each Purchaser warrants and represents to Manheim that all information provided by it shall in all respects be true, accurate and complete.
  50. Each Purchaser agrees that it shall immediately update Manheim on any changes to information provided by it to Manheim.
  51. Each Purchaser agrees that where it makes an Offer on Vehicles 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 upon Acceptance.
  52. The Purchaser warrants and represents to Manheim and a Vendor that it understands and agrees that:
  53. a)     all Vehicles only come with those representations and warranties described in clauses 1 and 82 (save where SureCheck applies); and

    b)     it has no rights against Manheim in respect of the quality, condition or merchantability of the Vehicles (save where SureCheck applies); and

    c)     Manheim does not conduct any Safety Recall checks; and

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

  54. Each Purchaser agrees that where it uses Manheim’s IT systems and software, including any facilities made available over Manheim’s website, 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 uploaded onto Manheim’s electronic systems.
  55. Each Purchaser agrees that it will keep confidential, safe and secure any of its buyer account details and any passwords or user names provided to it by Manheim to enable it to have access to Manheim’s systems and a Purchaser further agrees that it shall be liable for and shall indemnify and hold Manheim harmless on demand against any costs, liabilities, damages, expenses, fees (including legal fees) and losses suffered by Manheim by reason of any third party use of the prospective Purchaser’s account details, user names or passwords.
  56. 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.
  57. 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.
  58. Purchaser’s Rights



  59. 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. Where a Purchaser makes use of Manheim’s electronic facilities, it shall do so in accordance with these Conditions.
  60. Title in the Vehicle passes to the Purchaser upon cleared payment in full of the Purchase Price and Fees to Manheim.
  61. The Purchaser shall have the benefit of the Vendor’s warranties and representations incorporated into the Contract of Sale at clause 1.
  62. Subject to clause 50 below, in the event that any of the warranties and representations given at clause 1 are untrue, the Purchaser has the right to either:
  63. a)     at least in so far as it relates to title, to rescind the Contract of Sale (subject to the time limit specified below) and be refunded the Purchase Price in full and final settlement of any claim the Purchaser may have; or

    b)     if a sufficiently material misrepresentation has been made, to rescind in accordance with clause 49(a) or alternatively (and in all other circumstances where not a sufficiently material misrepresentation) to retain possession of the Vehicle and claim for any losses directly suffered by the Purchaser (subject to the time limits set out in clause 50 below and subject at all times to the restrictions set out in clause 2 and exclusions and caps on liability set out at clauses 18 to 20).

  64. The time limit for bringing a claim for breach of warranty or representation under clause 1 is 3 (three) days from the date of Acceptance, unless it relates to title in which case it is 6 (six) months from the date of Acceptance.
  65. For the avoidance of doubt, clauses 47 to 50 form part of the Contract of Sale.
  66. The Purchaser has the benefit of any relevant SureCheck warranties where the Purchaser has been informed by Manheim that SureCheck applies to those Vehicles and paid the Purchase Price and Manheim’s Fees in full and cleared funds.
  67. The Purchaser has the benefit of the promises provided by Manheim in accordance with clauses 82 to 83 when the Purchaser has paid the Purchase Price and Fees in full and cleared funds.
  68. Manheim’s Rights



  69. Manheim has the right to decline to auction or otherwise offer for sale any Vehicle at its sole discretion.
  70. 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.
  71. Manheim shall have the right to refuse any person’s or company’s access to its website or other software or electronic systems or facilities and/or to suspend any such rights of access at its sole discretion.
  72. 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).
  73. 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 Vehicles.
  74. 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.
  75. Manheim is not bound to accept any particular Offer and Manheim’s decision regarding the submission of Offers shall be final.
  76. 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.
  77. Manheim makes no guarantees as to the availability of any equipment or electronic systems or communication facilities made available by it. Manheim makes no promises that a prospective Purchaser will have uninterrupted, secure or error free access to Manheim’s electronic systems and communication facilities.
  78. The Vendor grants Manheim the express authority to do any of the following in Manheim’s sole discretion a) rescind the Contract of Sale; b) withdraw any Vehicle from sale; and (c) negotiate the sale of any Vehicle by private treaty between any Purchaser and the Vendor.
  79. The sale of a Vehicle 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 a Vehicle 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.
  80. The Purchaser acknowledges that the Vendor may himself bid, or procure that another person (but no more than one other person) may bid on his behalf, on any Vehicle he sells through Manheim up to the reserve price prescribed by the Vendor for that Vehicle.
  81. Vendors authorise Manheim to, and agree that Manheim shall, have the absolute discretion without giving any reason:
  82. a)     to decide when and how any Vehicle shall be offered for sale;

    b)     to withdraw any Vehicle from sale;

    c)     to re-enter any Vehicle for sale;

    d)     to bid on any Vehicle on behalf of the Vendor up to the reserve price prescribed by the Vendor;

    e)     to sell any Vehicle to the Purchaser making the highest Offer that Manheim accepts where there is no reserve price set by the Vendor;

    f)      to refuse any Offer;

    g)     to divide any lot;

    h)     to combine two or more lots;

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

  83. Each Purchaser and Vendor agrees that 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.
  84. 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.
  85. 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.
  86. Ownership and title to any Vehicle shall pass to Manheim where:
  87. a)     Manheim has paid over the Purchase Price to the Vendor before Manheim is in receipt of those monies from the Purchaser;

    b)     Manheim has paid to the Purchaser any amount under SureCheck and where the Vehicle is to be returned to Manheim;

    c)     Manheim has paid to the Purchaser any amount pursuant to clause 83 and where the Vehicle is to be returned to Manheim.

  88. Notwithstanding the fact that title has passed to Manheim in accordance with clause 70, Manheim shall not itself be responsible or liable for the warranties and representations set out at clause 1, unless Manheim has itself entered the Vehicle for sale.
  89. Vendors and Purchasers agree that Manheim shall have a lien on any Vehicle in respect of any monies due to it from the Vendor or the Purchaser (as relevant).
  90. Manheim may retain possession of the Vehicle 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 has the right to require proof of identification before releasing the Vehicle to any person.
  91. Manheim may charge interest at the Rate of Interest on any overdue payments owed to it.
  92. Manheim shall have the right to deduct its Fees or any other amount properly due and owing to it by the Vendor from the Purchase Price (whether or not the Fees relate to the Vehicle to which the Purchase Price relates).
  93. The Vendor and the Purchaser agree that Manheim shall have a right to charge them both Fees where Vehicles are on Manheim’s premises and where the Vendor and Purchaser have reached an agreement between themselves on the sale and purchase of those Vehicles.
  94. In the event that there is any dispute between a Vendor and a Purchaser, the Vendor and Purchaser authorise Manheim to retain the Purchase Price and possession of the Vehicle 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 Vehicle 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 residue (less Manheim’s Fees) to the Vendor and release the Vehicle 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 Vehicle and the Purchase Price.
  95. Risks



  96. All Vehicles are handled, driven (including during collection and delivery of the Vehicle) and left on Manheim’s premises at the risk of:
  97. a)     the Vendor until Acceptance;

    b)     the Purchaser immediately upon Acceptance.

  98. Manheim accepts no liability whatsoever in relation to the Vehicle whilst left on its premises.
  99. SureCheck

       

  100. Manheim may, at its discretion, offer a Vehicle for sale with the benefit of SureCheck. Where SureCheck has been offered by Manheim, it shall be identified on the Vehicle and/or in any catalogue or other description listing the Vehicle for sale.
  101. Any Vehicle sold with the benefit of SureCheck shall be subject to SureCheck Terms and Conditions.
  102. Buyer’s Premium

       

  103. Subject to Manheim being in receipt of the Buyer’s Premium, any other relevant Fees and the Purchase Price for the Vehicle, and no disclosures having been made to the contrary: the Purchaser is entitled to rely on the following representations and warranties made by Manheim:
  104. a)         unencumbered title to the Vehicle will be passed to the Purchaser so that it will own the Vehicle;

    b)         the Vehicle has not been the subject of an Insurance Total Loss and/or is a Stolen Recovery (unless disclosed otherwise);

    c)         the odometer of any Vehicle (or the vehicle’s total mileage if this is provided) if noted to be warranted as correct on any sales catalogue or other written description of the Vehicle will be true and accurate.

  105. In the event that any of the warranties and representations given at clause 82 is proven to be untrue (the Purchaser having provided evidence reasonably satisfactory to Manheim), then a Purchaser shall have the right to return the Vehicle to Manheim and to be repaid the Purchase Price provided always that:
  106. a)         in respect of clause 82(a), the Purchaser has notified Manheim in writing within 6 (six) months of Acceptance bringing a claim under clause 82; and

    b)         in respect of clause 82(b), the Purchaser has notified Manheim in writing within 3 (three) days of Acceptance bringing a claim under clause 82; and

    c)         in respect of clause 82(c), the Purchaser has notified Manheim in writing within 3 (three) days of Acceptance bringing a claim under clause 82 and Manheim shall only be liable to the Purchaser in respect of any negative difference between the Market Value of the Vehicle on the date of Acceptance and the actual price paid for the Vehicle by the Purchaser arising from a discrepancy between any mileage warranted in relation to the Vehicle at the time of Acceptance and the actual mileage of the Vehicle and only then if the discrepancy is at least 1,000 (one thousand) miles or 10% (ten per cent) more than the actual mileage of the Vehicle (whichever is greater); and

    d)         in respect of each of clause 83(a) to 83(c), the Purchaser has not by its own acts or omissions damaged or tampered with the Vehicle.

    Additional Services

       

    Delivery/Collection    



  107. If Manheim is requested to collect or deliver any Vehicles, Manheim will use reasonable efforts to deliver and/or collect the Vehicles within any time agreed with the Vendor or Purchaser. Time shall not be of the essence and Manheim shall have no liability for late or non delivery or collection on the date and time that has been agreed.
  108. Manheim will use reasonable care and skill in delivering and/or collecting the Vehicles, but all risk in the Vehicles during the transportation of them shall remain with the Vendor and/or Purchaser as relevant in accordance with these Conditions.
  109. Charges for delivery and/or collection will be at Manheim’s current rates then in force (or as may otherwise be agreed). Each Vendor and Purchaser agrees to pay any road tolls or congestion charges incurred by Manheim in the performance of any delivery and/or collection services.
  110. Storage    
  111. Manheim shall have the right to charge storage fees (at the standard rate in force from time to time) where any Vehicles remain on Manheim’s premises (which includes all land leased, owned or utilised by Manheim) and where:
  112. a)     a Vendor refuses to permit Manheim to enter Vehicles for auction or sale on a date specified by Manheim; or

    b)     a Vendor withdraws a vehicle from auction or sale; or

    c)     a Purchaser leaves the Vehicle on Manheim’s premises for more than 3 (three) 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 Vehicles); or

    d)     a Vendor or Purchaser requests that Vehicles be left on Manheim’s premises; or

    e)     Vehicles are left on Manheim’s premises for more than 3 (three) days (for whatever reason) except where Manheim has agreed terms for the provision of storage services (in which event those terms shall apply); and

    where storage fees are chargeable in accordance with this clause 87, 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 Vehicles are removed.

  113. Unless agreed otherwise, risk in such Vehicle shall at all times remain with the Vendor and/or Purchaser (whichever is relevant). Where Vehicles have been left or abandoned on Manheim’s premises, the Vendor and/or the Purchaser (whichever is relevant) hereby authorise Manheim to sell the Vehicles.
  114. Online Payment



  115. Manheim account holders (who are also businesses) are able to pay for certain services and products they receive from Manheim at manheim.co.uk/pay. Manheim may, at its discretion, withdraw this online payment facility at any time.
  116. Liability



  117. Nothing in these Conditions shall limit Manheim’s liability for (a) death or personal injury arising from our negligence or fraud or (b) for fraudulent misrepresentation.
  118. Manheim shall have no liability to either a Purchaser or a Vendor for any: 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 (f) in this clause 91 are intended to be severable from this clause where the law so requires).
  119. Manheim shall have no liability for theft or damage to a Vehicle (except where the damage is caused by Manheim’s employees) when on Manheim’s premises.
  120. 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, listings, appraisals and any other sales literature in use from time to time). Prospective Purchasers rely on all such information at their own risk.
  121. It is for Purchasers to satisfy themselves as to the quality, condition and provenance of the Vehicle 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).
  122. 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.
  123. At no time shall Manheim’s liability exceed the greater of the Purchase Price or the Market Value of the Vehicle (that the claim or loss relates to).
  124. 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.
  125. General



  126. Where Vehicles are sold or purchased, or where Manheim provides any services, under these Conditions, Manheim shall require certain information from the Purchaser or Vendor (as applicable), which may include personal data (as defined in accordance with the Data Protection Act 1998). 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 manheim.co.uk/legal/privacy-policy.
  127. Use of Manheim’s website shall be subject to Manheim’s website terms and conditions, which can be accessed at manheim.co.uk/legal. Manheim makes no promises or representations regarding the availability of that website or any other system or electronic means of communication made available by Manheim.
  128. The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 do not apply to the sale and purchase of Vehicles pursuant to these Conditions.
  129. These Conditions set out the entire agreement between (1) Manheim and Vendor; (2) Manheim and Purchaser; and (3) the Vendor and the Purchaser.
  130. 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. 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.
  131. These Conditions contain all the terms which are agreed in relation to the sale and purchase of a Vehicle and supersede any prior written or oral agreements, representations or understandings between the parties relating to the Vehicle. A party proceeds to sell and purchase Vehicles solely on the basis of the terms set out in these Conditions. Nothing in this clause shall exclude liability for fraud or fraudulent misrepresentation.
  132. Without prejudice to any other right or remedy, Manheim shall be entitled but not obliged at any time to set off any liability 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).
  133. 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.
  134. Any notices shall be made by either email, facsimile, telephone or regular mail at Manheim’s election.
  135. Both the Purchaser and the Vendor agree not to assign their rights and obligations under these Conditions.
  136. No partnership, joint venture, employee-employer or franchisor-franchisee relationship arises between Manheim and either Purchaser or Vendor by reason of these Conditions.
  137. These Conditions shall be governed by English law and the parties agree to submit to the non-exclusive jurisdiction of the English courts.

Privacy Policy

PLEASE READ THIS PRIVACY POLICY CAREFULLY BEFORE USING THE SITE

Privacy Policy

Introduction

This privacy policy (“Policy”) applies to the use of this website and any other associated website owned or operated by Cox Automotive UK Limited or any of its subsidiary companies (together being the “Site”). If you do not accept this privacy policy, you should not use this Site. 

We have updated our Policy. This Policy has been designed to provide greater transparency and has been set out so that it is easier to read and understand. We will continue to treat your personal information with care and respect.

Collection of personal information

We collect personal information from you (such as name, address, telephone number, email address etc) when you complete registration or enquiry forms or send emails to us. Please do not submit your personal information to us if you do not wish us to collect it.  Furthermore, we may record any telephone calls made to telephone numbers included on the Site. Further information on the collection and use of data is set out below.   

1. About Us:

1.1 ”We/us/our” means where the context so requires  Cox Automotive UK Limited (company number 03183918), Manheim Limited (company number 00448761), Cox Automotive Retail Solutions Limited (company number 02838558), Money4YourMotors.com Limited (Company number 09413775), Motors.co.uk Limited (company number 09575777), Dealer Auction Limited (company number 06676554), Real Time Communications Limited (company number 04277845) and/or We Want Any Car Limited (company number 08604812) whose registered offices are at Central House, Leeds Road, Rothwell, Leeds, LS26 OJE and/or Kingfisher Systems (Scotland) Limited (company number SC145442) whose registered office is Pavilion 2 Parkway Court, Glasgow Business Park, Glasgow, Scotland G69 6GA .

If you have any questions regarding this Policy then you may contact the Legal Department at Central House, Leeds Road, Rothwell, Leeds, LS26 0JE.

1.2 We respect your privacy and we are committed to protecting it and to complying with applicable data protection and privacy laws including the Data Protection Act 1998 (the “Act”). We have provided this Policy statement to help you understand how we collect, use and protect your personal information when you visit any Site.

1.3 By visiting the Site you are accepting this Policy and you expressly consent to our use and disclosure of your personal information as disclosed in this Policy. However, you may visit and browse the Site without disclosing any personally identifiable information about yourself.

1.4 Please note that this Policy may change from time to time and, if it does, the latest version will always be available on the Site.

2. Collection and Use of Data

2.1 The personal information we collect from you includes:

(a) personal information obtained from you via the Site;

(b) personal information you provide about yourself in order to sell or buy a vehicle or manage your account on the Site;

(c) personal information you send to us in personal correspondence such as emails, letters or over the telephone; and

(d) personal information we receive from other users or third parties about you and/or your activities.

The type of personal information we collect could include your name and address, vehicle registration mark, telephone and fax numbers, e-mail addresses and financial and credit card information.

2.2 The personal information you provide to us will be used for the purposes of administration, processing the sale and purchase of a vehicle (including registering interest in vehicles for sale and advertising vehicles for sale), business development, trend analysis and marketing. We will also use it to create offers specifically designed to meet your needs and as set out in clause 3 below.

2.3 Please note that there may be times when we use third parties to store and process your information on our behalf. On any such occasions, we will require any such third parties to strictly comply with our instructions and to not use your personal information for their own business purposes, unless you have explicitly consented to the use of your personal information on this way.

2.4 We may store, process and/or transfer personal information to countries outside of the EEA, especially to servers in the US. If you do not agree to this procedure you should not use our products or services. Your personal information, on some occasions, is transferred outside the EEA to a carefully selected third party, for our data management and business purposes, in particular, for certain outsourced data processing undertaken by organisations on our behalf. By using our products and/or services you consent to our transferring your personal information to countries outside the EEA, if necessary, for our legitimate business purposes as outlined above. We will take reasonable steps to ensure your personal information is adequately protected.

The data protection standards required by US law are not equivalent to EEA standards. To comply with the adequacy requirements of the European Data Protection Directive 95/46/EC, any above mentioned third party will be a participant in the Safe Harbor program developed by the U.S. Department of Commerce and the European Union (or any such replacement scheme) or have entered into an agreement with us that includes the EC model clauses approved by the European Commission.

2.5 We automatically track certain personal information based upon your behaviour on the Site using cookies and other devices. We use this personal information to do internal research on our users’ demographics, interests, and behaviour to better understand our users. This personal information may include the address of the webpage that you just came from (whether this is on the Site or not), which webpage/website you next go to (whether this is on the Site or not), what browser you are using, and your IP address.

2.6 We use data collection devices such as “cookies” on certain pages of the Site. "Cookies" are small text files placed on your hard drive that assist us in providing customised services. You may decline our cookies if your browser permits, although in this case you may not be able to use certain features on the Site. For further information on Cookies see Manheim's use of Cookies below.

2.7 Please note that we will not hold your personal information for any longer than is reasonably necessary or required by law.

3. Disclosure of Data

3.1 We may share your personal information with:

(a) business partners, suppliers and subcontractors for the performance of any contract we enter into with you;

(b) analytics and search engine providers that assist us in the improvement and optimisation of the Site;

 (c) credit reference agencies for the purpose of assessing your credit score where this is a condition of us entering into a contract with you; and

(d) if you have provided your consent, third party marketers of auto-related products, motor manufacturers and other services that we believe may be of interest to you. In addition, your personal information may sometimes also be used by us and members of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries (as defined in section 1159 of the Companies Act 2006) to inform you about changes to the Site, new services and offers that you might find interesting and for database maintenance.

If you wish to change personal information held about you or the information you receive from us, please write to:

Head of Privacy and Data Protection

Central House

Leeds Road

Rothwell

Leeds

LS26 OJE

In your correspondence to us, please set out what it is that you would like to see changed about your personal information.

3.2 Your personal information may also be shared with auditors or contractors or other advisers auditing or advising us on our business operations.

3.3 We co-operate with law enforcement agencies, as well as other third parties, to assist in the enforcement of laws. We can (and you authorise us to by the acceptance of these terms through the continuous use the Site) disclose any personal information about you to such law enforcement or other government officials as we, in our sole discretion, believe necessary or appropriate in connection with any investigation by such law enforcement agencies or other government officials.

3.4 We may transfer, sell or assign any of the personal information described in this Policy to third parties as a result of a sale, merger, consolidation, change of control, transfer of assets or reorganisation of our business (or any part of our group).

3.5 We have the appropriate security measures in place in relation to how your personal information is stored and used, and who can see it.  We use industry standard practices to safeguard the confidentiality of your personal, identifiable information, including “firewalls” and “secure socket layers”.  While such measures help stop any unauthorised disclosure of your information, no security system is impenetrable and we cannot guarantee the security of our system. 

3.6 In addition, the transmission of personal information via the internet is not completely secure.  Once we have received your personal information, we will use strict procedures and security measures to try to prevent unauthorised access. However, we cannot guarantee the security of your personal information, any more than any other company can.  Please note therefore that any transmission of your personal information to the Site is at your own risk and we cannot accept any liability for the loss, theft or misuse of any personal information which you have provided to us if there is a security breach.

3.7 Where we have given you (or where you have chosen for you) a password which enables you to access certain parts of the Site, you are responsible for keeping the password confidential. We ask you not to share a password with anyone.

4. Your rights in relation to your information

4.1 The Act gives you the right to access personal information held about you. You can write to us at any time to obtain a copy of your personal information, to have any inaccuracies corrected and/or updates made. Please write to the Head of Privacy and Data Protection at the address set out at clause 3.1 above.

4.2 In writing to us, please quote your name and address. We would be grateful if you could also provide brief details of the personal information of which you would like a copy or which you would like to be corrected/updated.

4.3 We may require proof of your identity before providing you with details of any personal information we may hold about you. We will charge £10 (ten pounds) to cover the administration costs involved in providing you with a copy of your personal information.

5. Online Interactive Facilities

5.1 If at any time the Site offers any chat functionality, notice board facilities, forums, newsgroups etc. (“Online Interactive Facilities”) we may collect the personal information that you disclose. Such personal information will be used in accordance with this Policy. Please note that we cannot be responsible for other parties’ use of the personal information which you make available to such third parties through any Online Interactive Facilities on the Site. Please be careful about what personal information you disclose in this way.

5.2 If you post or send offensive, inappropriate, illegal or objectionable content while you are in any of our Online Interactive Facilities, we may use your personal information to stop such behaviour, and where we believe that you are, or may be, in breach of any applicable laws, we may use your personal information to inform the police or requisite law enforcement agencies.

6. Manheim's use of Cookies

The law on cookies changed in May 2011. Under the revised regulations, the requirement is not just to provide clear information about the cookies but also to obtain consent from users or subscribers to store a cookie on their device. It has been designed to protect online privacy by making consumers aware of how personal information about them is collected by websites, and enabling them to choose whether or not they want it to happen. Please read on for more information.

6.1 What is a cookie? A cookie is a small piece of data that is sent from our web server to your browser, which is saved on the hard drive of your computer, smartphone or other device (“your device”).

A cookie cannot:

  • read data off your hard disk or read cookie files created by other sites;
  • damage your system;
  • run programmes on your computer; or
  • deliver viruses.

You can change your browser settings to refuse cookies or alert you when a cookie is being sent at any time. If you do choose not to accept cookies, some features of the Site may not work as intended (e.g. services accessed while logged in, customised areas of the Site). We do not use cookies to identify you personally, except when you opt to use the ‘Remember me’ facility when logging in.

There are two broad classes of cookie: session and permanent.

Session cookies

These are used to keep track of information needed by a user and their browser on their journey through a website. Session cookies have a short lifetime and expire within a few minutes of the user leaving the site. Occasionally we will use 30 Day cookies which are similar to Session cookies but last a bit longer. They remember basic data to help improve the service you receive from us (for example, remembering vehicles that you have viewed in the last 30 days).

Permanent Cookies

These are stored on your computer and are not deleted when the browser is closed. This is so they can retain your preferences for a particular website, allowing those preferences to be used in future browsing sessions.

Permanent cookies can be used to analyse users' surfing behaviour within the Site, so that we can improve our services and allows us to prioritise our enhancements to the Site.

6.2 We use cookies to:

  • remember that you have used the Site before; this means we can identify the number of unique visitors we receive to different parts of the Site. This allows us to make sure we have enough capacity for the number of users that we get and make sure that the Site runs fast enough;
  •  to keep you logged in for the duration of your visit, which enables you to complete certain actions on the Site, for example, move from one page to another within the Site, adding cars to a shortlist, using watchlists, viewing catalogues and using Simulcast.
  • store your preferences or your user name and password so that you do not need to input these every time you visit the Site;
  • customise elements of the layout and/or content of the pages of the Site for you;
  • collect statistical information about how you use the Site so that we can improve the Site;
  • gather information about the pages on the Site that you visit, and also other information about other websites that you visit, so as to place you in a "market segment"; and
  • enable basic web traffic analysis using Google Analytics.

We also use some cookies from trusted third party sources to enable us to provide you with certain features on the Site, for example our live chat facility which uses cookies to enable the chat software to work.

When you access the Site you will receive a message advising you that if you continue to use the Site, you are consenting to cookies being placed on your device in order to maximise your experience on the Site and allow us to make improvements

Removing some of our cookies may seriously disrupt your use of the Site. You can always come back to this Privacy Policy at any time to find out how to change your preferences. You will find a link to this policy at the bottom of all of our web pages.

Information is collected by reference to the IP address that you are using and includes information about the county and city you are in, together with the name of your internet service provider. The information is sometimes used to place interest-based advertisements on the Site which it is believed will be relevant to your market segment. For more information about this type of interest based advertising, and about how to turn this feature off please visit  www.youronlinechoices.com/uk/ .

Most web browsers automatically accept cookies but, if you prefer, you can change your browser to prevent that or to notify you each time a cookie is set. Visiting www.allaboutcookies.org will provide information on settings within your browser as well as other useful information on cookies. Please note however, that by blocking or deleting cookies used on the Site you may not be able to take full advantage of the Site if you do so.

6.3 How do I disable cookies? You can change your browser settings to refuse cookies or alert you when a cookie is being sent at any time.  

Further guidance on how to control and delete cookies can be found at http://www.allaboutcookies.org. Please note that removing some of our cookies may seriously disrupt your use of the Site and some features may not work as intended.

We do use some cookies from trusted third party sources to enable us to provide you with certain features on the Site and have included any relevant third parties on our cookie list so that you can control the cookies they place more easily:

Cookies list

Cookie

Content

Description

Expires

ASP.NET_SessionId

a 120-bit random number that is represented by a 20-character string

ASP.NET session ID

at end of browser session

__CSRFCOOKIE

a random 32 hexadecimal digits string

Used for protection against CSRF attacks

at end of browser session

cb-enabled

string

If an end-user has agreed with the cookies policy then this flag is set to 'accepted'

1 year

remarketing-web

encrypted sequence containing user access ticket

User authentication ticket - is created once user has successfully logged in

at end of browser session

Sitecore Analytics

SC_ANALYTICS_GLOBAL_COOKIE

To identify repeat visits from a single user, Sitecore sends a persistent session cookie to the web client. The name of the persistent session cookie is SC_ANALYTICS_GLOBAL_COOKIE.

one year after the last page requested from the solution by the web client

one year after the last page requested from the solution by the web client

SC_ANALYTICS_SESSION_COOK

To identify a sequence of HTTP requests from a single user, Sitecore sends an Engagement Analytics session cookie to the web client. The name of the session cookie is SC_ANALYTICS_SESSION_COOKIE. The value of the analytics session cookie before the first pipe character ("|") matches a value in the Visited column of the Visits table to identify an analytics visit record in the Analytics database.

when you close your browser

at end of browser session

Sitecore Backend - not populated for front-end users

scContentEditorFoldersWidth

Number

 

3 months

sc_fv

Text

 

at end of browser session

shell#lang

language code

 

at end of browser session

sitecore_starttab

Text

 

3 months

sitecore_starturl

URL

 

at end of browser session

sitecore_userticket

encrypted sequence containing user access ticket

 

at end of browser session

Cookie

Name

Purpose

Type and Duration

_ga

Google

Used to distinguish users.

2 years

_gat

Used to throttle request rate.

10 minutes

__utma

Used to distinguish users and sessions. The cookie is created when the javascript library executes and no existing __utma cookies exists. The cookie is updated every time data is sent to Google Analytics.

2 years from set/update

__utmt

Used to throttle request rate.

10 minutes

__utmb

Used to determine new sessions/visits. The cookie is created when the javascript library executes and no existing __utmb cookies exists. The cookie is updated every time data is sent to Google Analytics.

30 mins from set/update

__utmc

Not used in ga.js. Set for interoperability with urchin.js. Historically, this cookie operated in conjunction with the __utmb cookie to determine whether the user was in a new session/visit.

End of browser session

__utmz

Stores the traffic source or campaign that explains how the user reached your site. The cookie is created when the javascript library executes and is updated every time data is sent to Google Analytics.

6 months from set/update

__utmv

Used to store visitor-level custom variable data. This cookie is created when a developer uses the setCustomVar method with a visitor level custom variable. This cookie was also used for the deprecated _setVar method. The cookie is updated every time data is sent to Google Analytics.

2 years from set/update

visitor_id

Pardot

Visitor Cookie: The visitor cookie includes the name “visitor_id” plus the unique identifier for your account,

10 years.

pi_opt_in

The persistent cookie named “pi_opt_in” is what we use to stay in compliance with the “Do Not Track” initiative

10 years.

Live Advisor

Live Advisor

This is used by the software to determine whether a visitor has been on the site before, for the purpose of identifying returning visitors (a visitor that deletes their cookies after a visit will not show as a returning visitor in live advisor).

The cookie does not store any specific visitor or visit information, as that is stored in the Live Advisor database.  

5 years

cb-enabled

 

Website

This cookie is created when user selects one of options on the cookie bar; Continue or Disabled. It is an identifier whether user is allowing to use cookie or not.

1 year

Remarketing-web

 

Website

We store this cookie to store user information securely by using standard cryptographic mechanism. We store information in cookie in order to set remember me and time out functionality

6.4 What about Hyperlinks? The Site may sometimes contain hyperlinks to websites owned and operated by third parties. These third party websites have their own privacy policies, including cookies and we urge you to review them. They will govern the use of any personal information you submit or which is collected by cookies whilst visiting these websites. We do not accept any responsibility or liability for the privacy practices of such third party websites and your use of such third party websites is at your own risk.

6.5 What about Flash Cookies? A Flash Cookie is a type of cookie which is collected via Adobe Flash Player, and is a piece of software which you probably have on your device to watch videos or podcasts online. We may use Adobe Flash Player to display video or image content. It may not be possible to block or restrict or block Flash Cookies using your browser settings, however, information on how to control flash play privacy and security settings is available from the Adobe website at: http://www.adobe.com/products/flashplayer/security

6.6 Who do I contact about Cookies? If you have any questions about our use of Cookies, please contact us at buyerservices@manheim.co.uk

7. Use of your personal information submitted to other websites

7.1 We cannot be responsible for the privacy policies and practices of other websites even if you accessed the third party website using links from the Site or you linked to the Site from a third party website.

7.2 We recommend that you check the policy of each website you visit and contact the owner or operator of such website if you have any concerns or questions.

8. Changes to this Policy

8.1 If we need to change our Policy at some point in the future to reflect our data collection and disclosure practices we'll post the changes at least 30 days before they take effect. Our use of personal information gathered while the current policy is in effect will always be consistent with the current policy, even if we change that policy later.

May 2015

Acceptable Use Policy

PLEASE READ THIS ACCEPTABLE USE POLICY CAREFULLY BEFORE USING THIS SITE

Introduction

This website and software applications availability and acceptable use policy (“AU Policy”) sets out the terms between you and us, being Cox Automotive UK Limited and any of its subsidiary companies (also referred to in this AU Policy as “we”, “us” and “our”) under which you may access:

A. this website and any other associated websites owned and operated by us (together being the “Site”); and/or

B. any mobile application software or software application we may make available (“App”).

In this AU Policy “Digital Software Application” means the Site and any/all of our Apps (as applicable). This AU Policy applies to all users of, and visitors to, the Digital Software Application.

Your use of any/all Digital Software Application that we may make available means that you accept, and agree to abide by, the terms of this AU Policy, which supplement our Website Terms of Use.

1. Access to apps

1.1 The terms of this AU Policy apply to any App or any of the services accessible through an App however these are made available from time to time. Separate terms may apply to an individual App which we may bring to your attention from time to time (usually when you log onto the App) and shall require acceptance by you prior to any ongoing use of such App (“Specific Terms”).

1.2 Our Apps may require you to register as an individual registered user by completing our account opening process. Access to our Apps is personal and only by using the individual applicable personal log in and password. In order to be entitled to access any of our Apps you may be required to complete an account opening form and to be accepted by us as a registered user.

2. Grant and scope of app licence

2.1 Subject to, and in consideration of, you agreeing to accept the terms of this AU Policy, and subject to you completing any account registration process we may require and you being accepted by us for ongoing operation of an account, we grant you a non-transferable, non-exclusive licence to use the specific App(s) that we inform you, you are authorised to use, subject to any  Specific Terms that may be brought to your attention in accordance with clause 1.1 above, this AU Policy and any app store specific rules with which you may be required to comply in order to download and maintain the use of any individual App.

2.2 Our Apps are made available on an “as is” and “as and when available” basis. It is your responsibility to ensure that you use up-to-date versions of any App we may provide and are either the owner of any device or have permission to use any device (from the owner of such device) for the purposes of accessing an App. We do not warrant that any App made available to you will be compatible with any particular device.

2.3 Any App made available to you and any log in account and/or password details that are set for your utilisation of any of our Apps are personal to you and must not be shared or disseminated in any way. You are responsible for the security of your access to the App. Log in rights may be suspended or withdrawn at any time at our entire discretion.

2.4 You accept that the App and any data transferred utilising an App (whether related to any services we may provide or not) may be accessible by third parties and you understand and accept that internet transmissions and utilisation of any App are not warranted as private or confidential.

2.5 By using the App, you agree that we may collect and use technical information about any device and related software and equipment that you may use to access the App to improve our products, internal business purposes and to provide any Services to you. Apps may make use of location data. You can turn off location settings for the App on your device. Subject to our Privacy Policy you consent to our collection, processing, holding and use of location data.

3. Prohibited uses

3.1 You may use the Digital Software Application only for lawful purposes. 

3.2 You may not use the Digital Software Application:

a)      in any way that breaches any applicable local, national or international law or regulation;

b)      in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;

c)       for the purpose of harming or attempting to harm minors in any way;

d)      to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware

e)      any action which would interfere with or disrupt the Digital Software Application or servers or networks connected to the Digital Software Application;

f)       any action to de-compile, disassemble, modify, translate, adapt, reverse engineer, create derivative works from, or sublicense any software deployed in connection with any aspect of any Digital Software Application (save as may be necessary to achieve inter-operability with another software programme or application pursuant to the limited right contained in S.269A of the Copyright, Designs and Patents Act 1988, and which you agree shall not be utilised to create any software or application which is substantially similar to any of our Digital Software Applications);

g)      use of automated means, including spiders, robots, crawlers, or the like to download data from the Site;

h)      to obtain contact details for the purposes of harassing our staff or any other illegal activity; and/or

i)        to contact advertisers of vehicles other than in connection with a genuine enquiry relating to the purchase by you of the vehicle in question.

3.3 You also agree:

a)      not to reproduce, duplicate, copy or re-sell any part of the Digital Software Application including any image, data, logo or trade mark without our written permission and you agree you will not contravene the provisions of our Website Terms of Use;

b)      not to access without authority, interfere with, damage or disrupt:

  • any part of the Digital Software Application;
  • any equipment or network on which the Digital Software Application  is stored;
  • any software used in the provision of the Digital Software Application; or
  • any equipment or network or software owned or used by any third party.

3.4 You acknowledge that all intellectual property rights in and related to the Digital Software Applications belong to us.

4. Interactive services

4.1 We may from time to time provide interactive services on the Site, including, without limitation, chat rooms, bulletin boards, forums and newsgroups etc. (“Online Interactive Facilities”).

4.2 Where we do provide any Online Interactive Facilities, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical). Notwithstanding the foregoing, we are not able to moderate any live interaction with the advertisers of vehicles (“Live Chat”).

4.3 We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any Online Interactive Facilities service provided on the Site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any Online Interactive Facilities we provide on the Site, and we expressly exclude our liability for any loss or damage arising from the use of any Online Interactive Facilities by a user in contravention of our content standards, whether the service is moderated or not.

4.4 The use of any of our Online Interactive Facilities by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an Online Interactive Facilities that it is important that they communicate with their children about their safety online, as moderation is not fool proof. Minors who are using any Online Interactive Service should be made aware of the potential risks to them.

4.5 Where we do moderate an Online Interactive Facilities, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise. However, we are unable to provide this information in relation to Live Chat services.

5. Content standards

5.1 The content standards set out in this clause 5 apply to any and all material which you contribute to the Site (“contributions”), to any Online Interactive Facilities associated with it and to any information you provide to us to register as a customer of ours or as a customer, for instance you will need to register with us to book an appointment with us to bring your vehicle in for an inspection and potential sale at auction.

5.2 You must comply with the spirit and the letter of the following standards in relation to any contribution you make to the Site or any information you provide to us.

5.3 Contributions, and any other information you provide to us, must:

a)      be accurate (where they state facts);

b)      be genuinely held (where they state opinions); and

c)       comply with applicable law in the UK and in any country from which they are posted.

5.4 Contributions, and any other information you provide to us, must not:

a)      contain any material which is obscene, offensive, hateful, inflammatory or defamatory of any person;

b)      promote illegal activity, sexually explicit material or violence;

c)       promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;

d)      infringe any copyright, database right or trade mark of any other person;

e)      be likely to deceive any person;

f)       be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;

g)      be threatening, abusive or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety;

h)      be likely to harass, upset, embarrass, alarm or annoy any other person;

i)        be used to impersonate any person, or to misrepresent your identity or affiliation with any person;

j)        give the impression that they emanate from us, if this is not the case; and

k)      advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.

6. Suspension and termination

6.1 We will determine, in our discretion, whether there has been a breach of this AU Policy through your use of the Digital Software Applications. When a breach of this AU Policy has occurred, we may take such action as we deem appropriate, including immediate suspension or termination of access or use. 

6.2 Failure to comply with this AU Policy constitutes a material breach of our Website Terms of Use upon which you are permitted to use any/all of the Digital Software Applications, and may result in our taking all or any of the following actions:

a)      immediate, temporary or permanent withdrawal of your right to use any/all of the Digital Software Applications;

b)      immediate, temporary or permanent removal of any posting or material uploaded by you to any/all of the Site;

c)       issue of a warning to you;

d)      blocking your telephone number or IP address;

e)      legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;

f)       further legal action against you; and/or

g)      disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

6.3 We exclude (to the fullest extent permitted by law) liability for actions taken in response to breaches of this AU Policy. The responses described in this AU Policy are not limited, and we may take any other action we reasonably deem appropriate.

7. Limit of Liability

7.1 Nothing in this AU Policy shall limit or exclude our liability for (i) death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors, or (ii) fraud or fraudulent misrepresentation, or (iii) title.

7.2   Subject to clause 7.1:

(a)    under no circumstances whatever shall we be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, loss of use, loss of business, loss of opportunity, loss of data or any indirect or consequential loss arising under or in connection with use, functionality or availability of our Digital Software Applications; and

(b)   our total liability to you in respect of all other losses arising under or in connection with use, functionality or availability of our Digital Software Applications, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed £50 (fifty pounds sterling).

8. Changes to this au policy

8.1 We may revise this AU Policy at any time at our discretion by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in this AU Policy may also be superseded by provisions or notices published elsewhere on the Site or specific terms applicable to any registered user account or App.

9. General

9.1 You are not entitled to transfer or assign any right or obligation arising under this AU Policy without our written permission.

9.2 We will not be liable for any failure to perform, or delay in performance of, any of our obligations under this AU Policy that is caused by any act or event beyond our reasonable control. If such an event occurs our obligations under this AU Policy will be suspended and the time for performance of our obligations will be extended for the duration of such event.

9.3 This AU Policy and any rights arising under it are governed by English Law. You and we agree that the courts of England and Wales shall have exclusive jurisdiction.     

May 2015

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