I. GENERAL AUCTION TERMS
A. These Commercial Vehicle and Equipment Sale Terms and Conditions (the “Agreement”) govern your ability to bring certain vehicles and equipment that have been primarily utilized for commercial purposes (each a “Commercial Use Unit” and collectively “Commercial Use Units”) to an auction facilitated by Manheim Remarketing, Inc., and/or any of its affiliates (“Manheim”) for sale (as a “Seller”) and your ability to purchase Commercial Use Units, from a Seller (as a “Buyer”) such Commercial Use units. Solely for the purpose of facilitating the sale of Commercial Use Units, Manheim may, in its sole discretion, permit parties that are not registered with Auction ACCESS (a qualifier to buy and sell within the traditional Manheim environment) to buy and sell Commercial Use Units in a Manheim sale pursuant to the terms herein, with such parties being designated “Buyer” and “Seller” exclusively for the purposes of consigning Commercial Use Units.
B. Seller and Buyer each acknowledge and agree that they are bound by the Manheim Marketplace Terms and Conditions, which may be found at https://site.manheim.com/en/marketplace-policies/us-policies.html (the “Manheim Terms”). Any capitalized terms not otherwise defined herein shall have the meaning ascribed to them in the Manheim Terms. In the event of a conflict between the Manheim Terms and this Agreement, the terms and conditions of this Agreement shall control solely for Commercial Use units and only to the extent such units have been designated Commercial Use. Any additional terms and conditions presented by this Agreement shall be applicable to the sale of Commercial Use Units.
C. This is NOT an absolute auction. All Commercial Use Units have reserves unless otherwise announced
D. All Commercial Use Units are sold “AS-IS, Where Is and WITH ALL FAULTS” without warranty or guarantee, either expressed or implied. Any representations related to a Commercial Use Unit are made solely by the Seller and not by Manheim or any affiliate of Manheim. Any comments or disclosures written on Commercial Use Units or announced are solely representations made by the Seller and not Manheim or its affiliates.
E. Prior to placing any bids, Buyers are solely responsible for verifying and assessing relevant information, physical condition, authenticity, and/or value of any Commercial Use Units you plan to purchase. Buyer to verify ALL information to their satisfaction before bidding.
F. There are no assurances or guarantees for any element beyond what is announced at the time of sale. For the avoidance of doubt these elements include but are not limited to:
Odometer or Mileage – Although odometer readings may be indicated in the sale listing, except as otherwise required by applicable law, mileage or hours are not guaranteed.
Condition Report AutoGrade – Commercial Use units will not generate a valid or representative Auto Grade and will typically be presented with images only.
Mechanical Fitness – unless otherwise noted, there is no guarantee of mechanical fitness including any type of fluid or oil leak.
Vehicle badging or trim levels
Structural Damage/Structural Repairs/Structural Alterations – Due to the nature and history of Commercial Use Units, there are no representations regarding the structural integrity or condition of the Commercial Use Units.
Prior Paintwork or Cosmetic Enhancements
Electronic Vehicle History Reports (CarFax, AutoCheck, etc.)
G. MANHEIM IS NOT A PARTY TO THE CONTRACT OF SALE WHICH IS BETWEEN THE SELLER AND THE BUYER ONLY.
H. No Lot or Outside Sales are accepted before or after a Commercial Use Unit crosses the block, unless cleared by Manheim management at the applicable Manheim facility.
I. Persons under the age of 18 are not allowed on the lot or sales arena within a Manheim facility.
J. Manheim reserves the right to refuse service to anyone.
K. Manheim reserves the right to void any transaction.
L. The Seller and Buyer acknowledge and agree that they are bound by the Manheim Arbitration Policies, which can be found at https://site.manheim.com/en/marketplace-policies/us-policies.html, and specifically the policy related to Commercial Use Units, or as may be provided to you by Manheim. All disputes arising in connection with the purchase or sale of a Commercial Use Unit through Manheim will be resolved in accordance with these Manheim Arbitration Policies, and that Manheim’s decision as arbitrator will be final and binding upon you with respect to any such transaction.
II. REQUIREMENTS APPLICABLE TO SELLERS AND BUYERS
A. All Customers must be registered before buying and/or selling qualified Commercial Use units. Registration shall be achieved either through Auction ACCESS, if applicable, or through an alternative registration process implemented by Manheim in its sole discretion.
B. Seller and Buyer agree that any amounts owing to Manheim may be deducted from any proceeds or other property due to Seller or Buyer, as applicable, from Manheim and that Manheim may stop payment or refuse to authorize payment on any check or draft to Seller or Buyer, as applicable, and hold any consigned Commercial Use Units pursuant to this right of setoff. Seller and Buyer further acknowledge and agree that Manheim may hold any of Seller or Buyer’s property, as applicable, in Manheim’s possession for a reasonable period of time pending any odometer fraud, VIN or serial number switch, or similar investigation, whether such investigation is initiated by Manheim in its sole and absolute discretion or by any governmental authority.
III. BUYER REQUIREMENTS
A. Manheim may require a Buyer to provide a $5,000 refundable deposit (the “Deposit”) upon registration. Deposit will be deducted from total purchases at time of check out.
B. In-lane Bidders Badges must be visible at all times.
C. Buyer MUST pay for all purchased Vehicles on day of auction; payment is made by Cashier’s Check, Money Order, ACH, or wire transfer, unless cleared by Manheim management. Method of payment is subject to Manheim’s approval. Failure to pay on day of sale will result in a late payment fee of 3% of the Purchase Price being added to the amount owed in addition to any other fees owed by Buyer in connection with the purchase of such unit. Failure of the Buyer to pay within five (5) days of the Sale date (Sale date being Day 1) will result the forfeiture of the Deposit, if applicable, and Manheim may, in its sole and absolute discretion cancel the sale or pursue other collection methods and Buyer shall be responsible for all such collection costs and expenses
D. Buyers should not sell or spend money on any Commercial Use unit until they receive the title. If the Buyer does spend money or sell the Vehicle without the title in their possession Buyer does so at its peril and acknowledges and agrees that Buyer alone is responsible for any such expenses incurred, and Manheim will not be responsible for any expenses incurred if Buyer later arbitrates the Vehicle for failing to receive valid title from the Seller.
E. Buyer shall be assessed a $25.00 per day storage fee for any Commercial Use Unit left at Manheim’s facilities beginning on the 15th day after the sale date (the sale date being Day 1) up to the date the unit is removed from Manheim.
IV. SPECIFIC REQUIREMENTS FOR ONLINE SALES THROUGH NON-MANHEIM SALES CHANNELS
A. In conjunction with the sale of Commercial Use Units, Manheim may utilize certain third-party platforms and partners to facilitate the sale of the Commercial Use Units. Manheim may require Buyers and Sellers to register with the applicable third-party platform and any fees associated with such registration must be covered by Buyer and Sellers at registration.
B. Manheim may assess two percent (2%) Internet Purchase Fee to the Purchase Price and in addition to any other fees that may be applicable to the sale under these Terms and Conditions.
V. SELLER REQUIREMENTS
A. After a Commercial Use Unit is consigned, it must be offered for sale on the block before it can be removed from the applicable Manheim facility.
B. Seller represents and warrants that: (i) Seller is the true and lawful owner of the Commercial Use Unit being sold, or that Seller is duly appointed and authorized to sell the Commercial Use unit on behalf of the true and lawful owner (in which case, Seller agrees to fully disclose the identity of the true and lawful owner and the fact of the representative relationship); (ii) the Commercial Use unit is free from all liens and encumbrances; (iii) Seller has good right and full power and authority to sell and transfer ownership of the Commercial Use unit to the Buyer; and (iv) Seller will warrant and defend the Commercial Use Unit against any claims and demands. For the avoidance of doubt, Seller agrees that, unless fully disclosed before sale, if any Commercial Use Unit or its Proof of Ownership, as defined in Section VI, consigned by Seller to, and sold by, Manheim to a Buyer in good faith is subject to any prior claim of any nature against such Commercial Use Unit or its Proof of Ownership, or is repossessed, impounded, or otherwise suffers any defect that would allow a third-party to make a colorable claim against such Commercial Use unit or its Proof of Ownership and would frustrate Buyer’s right to possess, re-sell, and own the Commercial Use Unit with quiet enjoyment, regardless of Seller’s fault or knowledge of same at the time of the sale, Manheim may, in its sole discretion, unwind the sale, and Seller will return any sale proceeds upon demand by Manheim in addition to paying any reasonable documented expenses associated with unwind of the sale, notwithstanding Manheim’s inability to return such Commercial Use Unit or its Proof of Ownership to the Seller
C. Seller is responsible to ensure the year; make, model, and Commercial Use Unit specifications are accurate
D. Seller is solely responsible for making the proper and mandatory announcements for the Commercial Use Units, which includes all of the following:
1. Emission control devices, such as DPFs, that are tampered with or removed.
2. Logo or decal misrepresentation.
3. Bio-Hazard units.
4. Unit with a previous flood, salvage, rebuilt title history.
5. Units being sold without titles, Bill of Sale Only, units with a CO or MSO.
6. Unit deemed total loss and claim paid by any insurance company or licensed adjuster.
7. Units under 16,001#. GVW with an inoperable odometer, or an odometer reading which reflects mileage in excess of its mechanical limits or an odometer reading which does not represent the actual mileage. (Units over 16,000#. GVW are sold miles exempt).
8. Units with a reassigned VIN – Vehicle Identification Number.
9. Units originally manufactured for the Canadian market or Grey Market.
10. Unit that is a Glider Kit.
11. Pending State or local DVM fees and any state required damage disclosures
E. Failure to make the appropriate announcement will subject the unit to arbitration. Arbitration must occur within seven (7) calendar days from the original Sale Date.
F. Seller is responsible for all costs and expenses if Seller misrepresents a Commercial Use Unit, and it is subsequently returned to Manheim by a Buyer.
G. Seller is responsible for all costs and expenses if Seller fails to provide marketable Proof of Ownership, as defined below, in accordance with the requirements of Section VI.
H. Seller shall be assessed a $25.00 per day storage fee for any unit left at Manheim beginning on the 15th day after the unit was first delivered to Manheim up to the date the unit is sold. Seller shall be responsible for paying any outstanding storage fees, if any, before removing any Commercial Use Unit from Manheim
VI. TITLE/OWNERSHIP REQUIREMENTS:
A. Seller’s Title Guarantee: Seller warrants, represents and guarantees that Seller has and will convey a title/document, Certificate of Origin, Bill of Sale, or such other proof of ownership on the serial number of the Commercial Use Unit sold that is satisfactory to Manheim (collectively, “Proof of Ownership”), properly executed, valid in the state where the transaction is occurring and clear of all liens and encumbrances (except current year DMV fees in California), and that Seller will warrant and defend such Proof of Ownership against any claims or demands by any party related to or arising out of such Proof of Ownership.
B. Seller has up to 21 calendar days of the unit selling (Sale date being Day 1) for Proof of Ownership to be received by Auction.
C. Proof of Ownership received after 22 calendar days is subject to a $45 late title fee.
D. All expenses of Manheim to obtain Proof of Ownership will be charged to the Seller.
E. If Manheim has not received Proof of Ownership by day 22 after Sale date Buyer may provide Manheim with notice of Buyer’s intent to return such Commercial Use Unit one (1) business day prior to returning such Commercial Use Unit. Buyer must return the unit in like or better condition than when purchased. If valid negotiable Proof of Ownership is presented prior to the return of the unit then the transaction will stand. Manheim shall not be liable for any expenses incurred by Buyer with regard to such returned unit.
F. Seller will be responsible for transportation charges on a Commercial Use Unit that is returned due to late or unavailable Proof of Ownership.
VII. Sale Specific Terms
A. The Condition report is a visual representation of the physical current condition of a Commercial Use unit as well as an overall description of the Commercial Use unit. It is not a complete mechanical, electrical or structural inspection and is not to be treated as such.
B. Selling description: “AS-IS, Where Is” without warranty or guarantee, either expressed or implied.
C. Sales are not final until the Buyer has paid Manheim for the Commercial Use Unit.
D. ALL WARRANTIES RELATED TO COMMERCIAL USE UNITS ARE THOSE OF THE SELLER ONLY. MANHEIM MAKES NO WARRANTIES, IMPLIED OR EXPRESSED IN REGARDS TO ANY COMMERCIAL USE UNIT. MANHEIM CANNOT AND DOES NOT MAKE, AND THEREFORE DISCLAIMS, ANY EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS, RELATING TO THE ACCURACY, COMPLETENESS, CURRENTNESS, NON-INFRINGEMENT, MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OF ANY PRODUCTS OR SERVICES PROVIDED TO YOU BY MANHEIM, AND CANNOT GUARANTEE THAT ANY SERVICES PROVIDED TO YOU WILL BE ERROR FREE, OR CONTINUOUSLY AVAILABLE, OR THAT SUCH SERVICES WILL BE FREE OF DEFECTS, VIRUSES, OR OTHER HARMFUL COMPONENTS.
E. Sales Tax will be added to the Purchase Price and collected by Manheim if the Buyer is unable to provide a Tax Exemption certificate.
F. Manheim only accepts money orders, cashier’s check or wire transfers as payment. Manheim DOES NOT accept credit cards.
All Commercial Use Units and associated property are at owner’s risk. Manheim is not liable for any stolen items. As between Seller and Buyer, responsibility for, and risk of, any claim, loss, or damage (“Loss”) caused to or by a Commercial Use unit resides with the Seller prior to, and with the Buyer from and after, the fall of the hammer and/or auction’s declaration that the Buyer has successfully won the bid on the Commercial Use Unit.
G. Manheim is not a bailee of your property, including but not limited to the Commercial Use Unit, consigned or otherwise. If you leave your Commercial Use Unit or other property unattended on our premises or otherwise in our care, regardless of the reason or the actual physical location of such unit or property, you are solely responsible for any and all damage, theft, or loss relating to or caused by such property, regardless of Manheim’s knowledge or involvement.
H. For the avoidance of doubt, Manheim has no responsibility or liability for damage to any Commercial Use Unit or any other associated property on a Manheim facility or for any delay or failure by Manheim or any of its affiliates to perform any services or other obligations hereunder as a result of any act of God, fire, flood or other weather-related event, earthquake, governmental or regulatory act, epidemic, pandemic, riot, insurrection, sabotage, war, terrorism, supply shortage, power outage or Internet failure, labor strike or work stoppage, or any other cause beyond Manheim’s reasonable control (collectively “Force Majeure Events”).
I. Upon written notice, including, but not limited to e-mail, Manheim may require Buyer or Seller, as applicable, to immediately remove any Commercial Use Unit or any other property from Manheim’s premises. If Buyer or Seller fails to remove the Commercial Use Units within thirty (30) days of such notice, Manheim may, at your sole cost and expense, (a) proceed to transfer or sell any such Commercial Use Unit to satisfy any obligations to us or (b) treat it as abandoned property and dispose of it where permissible by applicable law.