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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.
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.
a) all Vehicles only come with those representations and warranties described in clauses 1 and 82 (save where Sure Check applies); and b) it has no rights against Manheim in respect of the quality, condition or merchantability of the Vehicles (save where Sure Check 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.
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).
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.
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 Sure Check 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.
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.
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.
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