Arbitration Policy for OVE

Effective August 5, 2024 

The 2024 NAAA Arbitration Policy, as set forth in the Manheim Marketplace Policies (the “Manheim Arbitration Policy”), serves as the baseline for OVE Timed arbitrations except as detailed below. In the event of a conflict between the Manheim Arbitration Policy and those set forth in this Addendum, this Addendum will control. 

Special Arbitration Procedures for OVE 

1. Sale Light System & Arbitration Limitations
   1. Functionally, OVE does not operate with a sale light system. All Vehicles are considered to be “Ride and Drive” unless specific defects are indicated and disclosed in the Announcement field or the first entry/line of the Seller Comments field.
   2. Sellers may further limit arbitration by electing to disclose a unit as “Limited Guarantee” by indicating this condition in the Announcement field or the or the first entry/line of the Seller Comments field.
   3. Vehicles indicated as “AS-IS” will only qualify for arbitration under the rules outlined in the Arbitration rules and guidelines of Manheim Marketplace Policy. 
   4. Vehicles indicated as “TRA” will only qualify for arbitration under the rules outlined in Manheim’s Total Resource Auctions Arbitration Policy
   5. All vehicles sold within the Manheim Marketplace (In-Lane, Simulcast, OVE, etc.) selling for $3,000 and under, by default, are considered AS-IS with limited Arbitration rights. Please refer to Manheim’s $3,000 and under policy for more details.
2. Manheim Inspections for AS-IS and TRA Vehicles
   1. A Vehicle that has received a Manheim inspection that indicates drivability, conditions of accessories or other components, or conditions of paint/body and other cosmetic items does not carry a guarantee or an assurance of fitness when that Vehicle is “AS-IS” or “TRA.”
   2. For clarity, Manheim Inspected Vehicles indicated “AS-IS” or “TRA” are not subject to arbitrations related to drivability, mechanical issues, electrical issues, or cosmetic issues. 
3. Seller Responsibilities
   
   1. The Seller understands that the online listing and disclosures are a binding arbitration representation of Vehicle condition by Seller. Seller is therefore responsible for ensuring that their Vehicles are listed accurately regardless of disclosure requirements in NAAA policy and Appendix I.A.
      
      1.  Sellers are responsible for ensuring mileage disclosed on vehicle listings are accurate. Therefore, any vehicle sold that has more than 200 miles at the time of pickup availability than those disclosed on the vehicle listing, the buyer may arbitrate the vehicle.
   2. Seller is responsible for the accuracy and completeness of all representations and descriptions as outlined by the NAAA policy. 
   3. Seller is responsible for disclosing specific arbitrable defects and issues outlined in the NAAA Policy in the Announcement field or the first and primary line(s) of the Seller Comments field. If no defects are noted, the vehicle is assumed to be “Ride and Drive” unless the Seller has provided indications or disclosures as per section 1 of this policy.
   4. “AS-IS,” “TRA,” Structural and Title Brand Indications made only in “Seller Comments” without notation in the appropriate field are insufficient and may make the vehicle subject to the ordinary arbitration rules. In addition, the seller is responsible for the disclosure of additional items detailed in this document.
   5. If announced as Title Present, Seller must provide title within 3 business days of the sale unless state law specifies a different time period. If announced as Title Attached/Title Unavailable/Title Absent, Seller must provide title within 30 calendar days unless state law specifies a different time period. In all cases, Sale Day is Day 1.
4. Additional Arbitration Guidelines:

          Appendix I.A – Addendum to NAAA Arbitration Policy Guidelines for OVE 

*To qualify for arbitration on these items, a listing must have a Condition Report or Seller Disclosure. Defects must be singularly $400 or more and reach a cumulative total of $800 within that line item. The auction reserves the right to buy back any vehicle at their discretion. Vehicles without a Condition Report or Seller Disclosure are not subject to arbitration on these elements.