Guaranteed Part Exchange (“GPX”) / Disposal Product Business Rules (“Rules”)
Version for Advertisers joining the Beta Phase between 1st October 2020 and 19th February 2021See Guaranteed Part-Exchange Terms and Conditions
Last updated: 23rd February 2021
The GPX/ Disposal Product allows Advertisers to benefit from being able to offer guaranteed part-exchange valuations for consumers on the Auto Trader Platforms and to conveniently dispose of vehicles, including in connection with consumer part exchange transactions.
The GPX/Disposal Product is provided subject to the Main Advertising Terms & Conditions (which are incorporated into these Rules by reference) and is available during the Beta Phase for use by selected Advertisers (excluding Excluded Advertisers) who have an Advertising Agreement in place with Auto Trader.
Terms defined in the Main Advertising Terms & Conditions shall have the same meaning in these Rules provided that, should a term be defined in both the Main Advertising Terms & Conditions and these Rules, the meaning of the term defined in these Rules shall have precedence in relation to the Rules.
- "Appraisal" Questionnaire means the online questionnaire which is to be completed by a Consumer (as such may be subsequently amended by the Advertiser in accordance with these Rules and the Manheim Terms and Conditions) or the Advertiser, in order to provide details of a car for the purposes of Manheim generating a Valuation;
- “Assumptions” means the assumptions in relation to a car which are set out in the Manheim Terms and Conditions, which will be taken into account (amongst other things) in generating a Valuation;
- "Beta Phase" means the period during which the GPX/Disposal Product is being made available to selected Advertisers whilst Auto Trader tests and develops the GPX/Disposal Product, such period to commence on 19/10/2020 and to continue until Auto Trader notifies Advertisers that such period is to end;
- "Consumer" means a user of the Auto Trader Platform that is interested in selling their car to the Advertiser through a part exchange transaction;
- "Consumer Enquiry(ies)" means a request by the Consumer to part-exchange a Permitted Vehicle on the basis of (i) a Lead Valuation, which is made available to an Advertiser via Portal and/or (ii) a Valuation generated by the Advertiser following a Consumer ‘walk-in’ at an Advertiser’s retail site;
- "Disposal" means the purchase of a Permitted Vehicle by Manheim from the Advertiser, in accordance with the Manheim Terms and Conditions;
- "Disposal Notice" means the notification by the Advertiser to Manheim of its decision to sell a car to Manheim for the Valuation, subject to an inspection being carried out by Manheim, in accordance with and subject to the Manheim Terms and Conditions;
- "Disposal Platform" means the online car disposal platform through which Advertisers are able to manage the disposal of cars through the GPX/Disposal Product, which shall be operated by Manheim during the Beta Phase unless Auto Trader notifies Advertisers otherwise;
- "Excluded Advertiser" means an Advertiser who either Manheim or Auto Trader have determined shall not be eligible for the GPX/Disposal Product due to previous acts or omissions, including (without limitation) the Excluded Advertiser having bad debt with Auto Trader and/or Manheim, being the subject of complaints from consumers or breaching these Rules and/or the Main Advertising Terms & Conditions;
- "Excluded Territories" means Northern Ireland, the Isle of Man, Isle of White, Shetland Islands, Isles of Scilly, Outer Hebrides, Channel Islands and all other islands of Great Britain;
- "GPX/Disposal Product" means the Auto Trader product which enables Advertisers to conveniently dispose of Permitted Vehicles, including in connection with consumer part exchange transactions;
- "Lead Valuation" means the valuation of a Permitted Vehicle generated following completion of the Appraisal Questionnaire by the Consumer, prior to the submission of a Consumer Enquiry.
- "Manheim" means Manheim Limited, a company incorporated in England and Wales whose registered number is 00448761 and whose registered office is at Central House, Leeds Road Rothwell, Leeds, West Yorkshire, LS26 0JE;
- "Manheim Dispute Process" means the process which the Advertiser and Manheim shall follow in connection with the Advertiser’s disposal of Permitted Vehicles to Manheim in connection with the GPX/Disposal Product, such process to be set out in the Manheim Terms and Conditions;
- "Manheim Terms and Conditions" means Manheim’s terms and conditions as referred to in clause 3.1 which shall govern the Advertiser’s disposal of Permitted Vehicles to Manheim and which are set out below;
- "Permitted Vehicle" means any car with a VRM which is registered with the DVLA, and which must comply with each of the following criteria (otherwise it shall be excluded from the GPX/Disposal Product):
- it is not a van, bike or any other non-car vehicle;
- it has a valuation of more than £250 and less than £50,000;
- it is of an age of more than 6 months and less than 15 years;
- it has a mileage of more than 300 and less than 100,000;
- it is not an electric vehicle;
- it does not fall within certain prestige brands and models of vehicle which we notify you are unsuitable for use in respect of the GPX/Disposal Product;
- it has a current, valid MOT;
- is Roadworthy;
- it has not been categorised by insurers as a category A (scrap) or category B (break);
- it has not sustained substantial accident damage, including damage that would, had it been assessed by an insurer, have rendered the car categorised as category A or B;
- it has not been stolen and recovered;
- it has its true and proper registration mark and chassis number and/or vehicle identification number and which corresponds to the car’s registration documents;
- any and all safety recalls applicable to the car have been dealt with in accordance with manufacturer instructions and, where required, any defects(s) fully remedied;/li>
- it does not have a personalised registration number plate assigned to it that is required to be retained and, where it has personalised registration number plate, you have all rights, title and interest to sell that registration plate; and
- the Consumer must have been the legal owner of the car for a minimum of 3 (three) months prior to your purchase of the car;
- "Roadworthy" means that a car complies with all legislation in force from time to time to ensure that cars 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);
- "Valuation" means a Lead Valuation (as such Lead Valuation may change as the respective Appraisal Questionnaire may be subsequently amended by the Advertiser in accordance with the Manheim Terms and Conditions) or the valuation of a car generated following completion of the Appraisal Questionnaire by the Advertiser, as each such valuation may be amended following an inspection being carried out by Manheim in accordance with the Manheim Terms and Conditions; and
- "VRM" means a vehicle registration mark.
Eligibility and Sign up
- The GPX/Disposal Product is a product which allows Advertisers to utilise various services, including a part-exchange valuation and disposal service (where the Advertiser can dispose of a Permitted Vehicle to Manheim for the Valuation). The GPX/Disposal Product is provided subject to these Rules and is available during the Beta Phase for use by selected Advertisers (excluding Excluded Advertisers) who have an Advertising Agreement in place with Auto Trader and who have subscribed to the GPX/Disposal Product. For the avoidance of doubt, the GPX/Disposal Product is not available to private advertisers or ‘pay as you go’ advertisers.
- The GPX/Disposal Product is currently only available for the Beta Phase. At the end of the Beta Phase, if Auto Trader wishes to continue to provide the GPX/Disposal Product to Advertisers as a formal Product (which shall be determined at Auto Trader’s sole discretion), it shall notify Advertisers accordingly and such Advertisers shall be required to agree to a new set of Rules for the provision and use of such Product.
- Advertisers can opt-in to use the GPX/Disposal Product during the Beta Phase following an invite from Auto Trader.
- As part of the set-up process, Auto Trader shall provide the following information relating to the Advertiser (subject to such information being stored on Auto Trader’s systems) to Manheim, for the sole purpose of Manheim registering a user account for the Advertiser for the Disposal Platform:
- Trading name;
- Legal entity status (limited company, sole trader or partnership);
- Registered company address;
- Trading address; and
- VAT Number.
- The Advertiser shall be responsible for activating the user account referred to in clause 2.4 above with Manheim for the Disposal Platform prior to the submission of any Disposal Notice and shall supply to Manheim such additional information as is requested by Manheim for this purpose.
- The GPX/Disposal Product is not be available for use in respect of cars located in the Excluded Territories.
- The Advertiser shall not use the GPX/Disposal Product for the benefit of any third party other than the Advertiser.
- Without rejudice to clause 4.1.3 below, the Advertiser acknowledges that its ability to dispose of any Permitted Vehicle pursuant to these Rules is subject to the terms and conditions set out in the Manheim Terms and Conditions.
- Manheim has entered into a partnership with Auto Trader to provide the Valuations and any subsequent Disposals which the Advertiser wishes to make. As part of this partnership, Manheim requires all Advertisers using the GPX/Disposal Product to agree to and accept the Manheim Terms and Conditions prior to using the GPX/Disposal Product. Advertisers should therefore read the Manheim Terms and Conditions carefully, as by using the GPX/Disposal Product, Advertisers are accepting the Manheim Terms and Conditions and entering into a binding legal contract with Manheim directly on the terms of the Manheim Terms and Conditions. Accordingly, Auto Trader shall not be liable to any Advertiser for any acts or omissions of Manheim in connection with Valuations generated and/or any subsequent Disposals (including any attempted Disposals which do not complete).
- The Advertiser shall:
- promptly action and progress all Consumer Enquiries with reasonable care and skill (to ensure that the Lead Valuation generated by the Consumer can be redeemed within 7 days of generation);
- use Portal to process and manage all Consumer Enquiries to completion and to commence any Disposals;
- fully comply with any obligations, and relevant timescales for compliance, set out in the Manheim Terms and Conditions in respect of any Consumer Enquiry and/or Disposal;
- following a Consumer Enquiry and/or in connection with any Disposal the Advertiser wishes to make in connection with the GPX/Disposal Product, carefully inspect each Permitted Vehicle and ensure the information provided in the Appraisal Questionnaire accurately describes that condition and/or history of the Permitted Vehicle in all respects;
- following a Consumer Enquiry, the Advertiser shall act reasonably and in good faith in carrying out such inspection referred to above and, (i) in the event that the information provided in the Appraisal Questionnaire accurately describes the condition and/or history of the Permitted Vehicle in all respects and all Assumptions are accurate in respect of the car, the Advertiser shall honour the Lead Valuation generated by the Consumer and apply such Lead Valuation in full to a part-exchange transaction with the Consumer and (ii) in the event that the information provided in the Appraisal Questionnaire does not accurately describes the condition and/or history of the Permitted Vehicle in all respects, and/or any Assumptions are inaccurate in respect of the car, the Advertiser shall amend the Appraisal Questionnaire accordingly in Portal to generate a new Valuation for the Permitted Vehicle;
- use Portal to notify Auto Trader of the status of all Consumer Enquiries, and whether the Advertiser wishes to retain a Permitted Vehicle acquired following a Consumer Enquiry or whether it wishes to make a Disposal;
- provide Auto Trader with continuous feedback on the GPX/Disposal Product and report to Auto Trader weekly identifying all Consumer Enquiries generated and Disposals made (to be provided in such format as is notified by Auto Trader in advance);
- ensure that all of the Advertiser’s employees who are involved in utilising the GPX/Disposal Product are properly trained and monitored, possess the relevant knowledge to be able to respond to requests, queries and complaints and provide services to Consumers in connection with the GPX/Disposal Product in a professional manner;
- not make any representations, statements and/or warranties on behalf or Auto Trader or seek to bind Auto Trader in any manner; and
- co-operate with Auto Trader for the purposes of producing case studies and testimonials for the GPX/Disposal Product in future.
- Auto Trader shall be entitled to inspect, audit and take copies of relevant records, and other documents as necessary to verify the Advertiser’s compliance with its obligations as set out in these Rules. If Auto Trader reasonably considers that the Advertiser has breached any of those obligations, clause 7.3 shall apply.
- The Advertiser shall:
Liability, Indemnity and Availability:
- Each Advertiser acknowledges that it is solely responsible for ensuring that the information provided in the Appraisal Questionnaire accurately describes the condition, status and/or history of the applicable Permitted Vehicle in all respects. In the event that the information provided in the Appraisal Questionnaire does not accurately describes the condition, status and/or history of the Permitted Vehicle in all respects, this will result in the Advertiser not being able to recover the applicable Valuation from Manheim in connection with any subsequent Disposal (including any attempted Disposal which does not complete). Auto Trader shall not be liable for any loss suffered by the Advertiser in such circumstances.
- Each Advertiser shall indemnify and keep Auto Trader fully indemnified against all claims, costs, proceedings, demands, losses, damages, expenses or liability whatsoever arising out of or in connection with any Consumer complaints or claims brought against Auto Trader in respect of any subsequent reduction in the Lead Valuation following a Consumer Enquiry, and any subsequent transaction between the Consumer and Advertiser for the purchase by the Advertiser of any Permitted Vehicle.
- Auto Trader does not warrant that the use of the GPX/Disposal Product will be uninterrupted or error-free. The Advertiser acknowledges that Auto Trader cannot guarantee that the GPX/Disposal Product and/or the Auto Trader Platforms will be continuously available. For the avoidance of doubt, Auto Trader shall have no liability, and no refunds or credits shall be offered, to any Advertiser (including in respect of where alternative services have been sourced by Advertisers from a third party) in respect of interruptions to the GPX/Disposal Product and/or the Auto Trader Platforms arising as a result of maintenance and/or repair work and/or due to circumstances outside of Auto Trader’s reasonable control.
- The GPX/Disposal Product is provided to Advertisers on an ‘as is’ basis and Advertisers acknowledge that Auto Trader has procured technical support for GPX during the hours of 8:00-17:30 Monday to Friday (excluding bank holidays in England and Wales).
- The GPX/Disposal Product and Auto Trader’s services generally are not intended to be used as the sole basis for any business decision, nor to relieve the Advertiser of its obligation to comply with its own obligations under applicable law. Valuations are based upon data which is provided by the Consumer and/or the Advertiser (as applicable), the accuracy and/or completeness of which it would not be possible and/or economically viable for Auto Trader to guarantee. Auto Trader shall not have any liability for any inaccuracy, incompleteness or other error in the Appraisal Questionnaires and/or Valuations which arises as a result of (i) data provided by a Consumer and/or Advertiser (as applicable), or (ii) any failure of the GPX/Disposal Product to achieve any particular result for the Advertiser.
- Without prejudice to the generality of the foregoing or the limitations of liability set out in the Main Advertising Terms and Conditions which also apply to these Rules, the Advertiser assumes sole responsibility for any action taken as a result of Valuations obtained from the use of the GPX/Disposal Product, and for conclusions drawn from such use. Auto Trader shall have no liability for any damage caused by errors or omissions in any information provided by the Advertiser or the Consumer in connection with the GPX/Disposal Product.
Queries and complaints:
- Advertisers should notify Auto Trader of any complaints from Consumers which relate to the GPX/Disposal Product. To the extent such Complaints relate to Lead Valuations generated prior to the Advertiser inspecting the Permitted Vehicle in accordance with these Rules, Auto Trader shall resolve such complaints directly with the Consumers.
- Each Advertiser acknowledges and agrees that, given that Auto Trader shall not be a party to the Disposal process or transaction, Auto Trader shall have no liability whatsoever in respect of such Disposal and/or any attempted Disposal which does not complete (including any Valuation generated in respect of such Disposal) and/or any losses which the Advertiser may incur as a result (including any difference in the price that the Advertiser pays to the Consumer for the car and the sale price that Manheim agrees to in respect of any Disposal). Advertisers agree to follow the Manheim Dispute Process in connection with any complaints or disputes arising from the Disposal Platform, any Disposal (including any attempted Disposal which does not complete) and such matters shall be resolved directly between the Advertiser and Manheim.
- Advertisers shall allow Auto Trader and Manheim (as applicable) reasonable time to investigate issues directed to them relating to the GPX/Disposal Product.
- The design and format of the GPX/Disposal Product and any related assets on the full-page Advertisements, shall be determined by Auto Trader and may be amended by Auto Trader at any time at Auto Trader’s sole discretion.
- The GPX/Disposal Product is currently provided at no extra cost during the Beta Phase. However, Auto Trader reserves the right to charge for this Product at some point in the future (including during the Beta Phase) but will only do so on the basis that Advertisers have been provided with notice of any price changes in accordance with our Main Advertising Terms and Conditions.
- In the event of a breach of these Rules by any Advertiser, such breach shall be deemed a breach of the Main Advertising Terms and Conditions and Auto Trader be entitled to such rights and remedies available to it thereunder.
- During the Beta Phase, on the basis that the GPX/Disposal Product is being tested as a concept and may be subject to change without notice, each of the Advertiser and Auto Trader may terminate an Advertiser’s use of the GPX/Disposal Product on 7 days’ notice. Advertisers acknowledge that it may take up to a further 7 days for Auto Trader to remove the GPX/Disposal Product from the Advertiser’s Package following receipt of such notice.
- Auto Trader reserves the right to amend, modify, remove and/or extend this Product at any point with immediate effect.
- You are permitted to upload a maximum of 100 images.
Disposal Services Terms And Conditions
Auto Trader provides a ‘Guaranteed Part-Exchange’ product to automotive dealers (“GPX”). GPX includes vehicle valuation and disposal services to assist dealers in administering the part-exchange of used vehicles with consumers.
The purchaser of vehicles processed via GPX is Manheim Limited ("we", "us", "our" and “Manheim”), a company registered in England under registration number 448761 whose registered office address is at Central House, Leeds Road, Rothwell, Leeds LS26 0JE.
All cars purchased by us in connection with GPX will be sold by you and purchased by us subject to these terms and conditions (“Terms and Conditions”).
In this agreement the following terms will have the following meanings:
- “Appraisal” means a car appraisal in the form of (i) the Appraisal Questionnaire, and (ii) the Inspection;
- “Appraisal Questionnaire” means the online questionnaire completed by you (including the validation and rectification of prepopulated information provided by a Consumer) as part of the Appraisal;
- Assumptions” means the following assumptions in relation to a car, which we will take into account
(amongst other things) in generating a Valuation:
- a car has not been used by the emergency services, used as a taxi, used by a driving school, used as a lease vehicle, re-registered, imported and/or registered outside of the United Kingdom;
- a car has not been categorised by insurers as a category S (formally category C, structurally damaged repairable) and/or category N (formally category D, non-structurally damaged repairable);
- a car has not sustained substantial accident damage, including damage that would, had it been assessed by an insurer, have rendered the car categorised as category C or S;
- a car has a minimum of three months MOT remaining; and
- the Vehicle has an accurate mileage reading.
- “Business Day” means any day other than Saturday and Sunday on which banks are normally open for business in London;
- “Business Hours” means the hours between 8:00 and 17:30 on a Business Day;
- “Collection” means the collection of a car by us from you, prior to us carrying out an Inspection;
- “Contract for Sale” means the contract between you and us for sale of a car for the Sale Price as created in accordance with clause 6.1 or clause 6.3 (as applicable);
- “Consumer” means your customer and the previous owner of the car;
- “Disposal Notice” means a notification to us (issued via the Platform) of your offer to sell a car to us for the Valuation, subject to the Inspection;
- “Disposal Acceptance” means our decision to continue in the Collection and Inspection of the car following receipt of your Disposal Notice;
- “Disposal Process” means the following actions to be carried out by you after your submission of a Disposal Notice:
- your full and accurate completion of the Appraisal Questionnaire;
- the provision of any additional information requested by us;
- the transfer of title in the car from the Consumer to you; and
- your preparation of the car for Collection;
- “Disposal Rejection” means our decision not to continue in the Collection and Inspection of the car following receipt of your Disposal Notice;
- “Initial Valuation” means the later of: i) the Lead Valuation we provided to the Consumer; and ii) the initial Valuation we provided to you;
- “Inspection” means the physical inspection of a car and associated documents by us at our premises as part of the Appraisal following the Collection of the car, during which the car is inspected (which will include a test drive) to verify that the condition, status and/or history of the car is consistent with the information provided in the Appraisal Questionnaire;
- “Lead” means a Consumer request via GPX for part-exchange of their car that is transferred to you via GPX;
- “Lead Valuation” means the valuation of a car generated following completion of an online questionnaire by the Consumer prior to the generation of a Lead;
- “Platform” means the GPX online disposal platform, operated by Manheim;
- “Prerequisites” means the following requirements that a car must meet in order for us to agree to purchase a car in connection with GPX:
- the car has a current, valid MOT;
- the car is Roadworthy;
- the car has not been categorised by insurers as a category A (scrap) or category B (break);
- the car has not sustained substantial accident damage, including damage that would, had it been assessed by an insurer, have rendered the car categorised as category A or B;
- the car has not been stolen and recovered;
- the car has its true and proper registration mark and chassis number and/or vehicle identification number and which corresponds to the car’s registration documents;
- any and all safety recalls applicable to the car have been dealt with in accordance with manufacturer instructions and, where required, any defect(s) fully remedied;
- the car does not have a personalised registration number plate assigned to it that is required to be retained and, where it has personalised registration number plate, you have all rights, title and interest to sell that registration plate; and
- the Consumer was the legal owner of the car for a minimum of 3 (three) months prior to your purchase of the car;
- “Roadworthy” means that the car 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);
- “Sale Price” means the price at which we agree to buy a car from you, as further described in clause 0;
- “Sale Price Acceptance Notice” means your notification to us of your acceptance of our offer to purchase the car for the revised Sale Price, in accordance with clause 6.3;
- “Sale Price Confirmation Notice” means our notification to you, in accordance with clause 6.1, that the Valuation remains unchanged following Inspection and we accept your offer to purchase the car for that Sale Price;
- “Valuation” means the valuation of a car generated following completion of the Appraisal Questionnaire (which shall include a Lead Valuation), as such valuation may be amended following the Inspection subject to, and in accordance with these Terms and Conditions;
- “Vehicle Accessories” means all keys, spare wheel, locking wheel nuts, factory-fitted satellite navigation device, SD card, parcel shelf and any other items which were provided by the manufacturer with a car upon first purchase; and
- “Vehicle Documents” means all documents relating to a car, including the V5C registration certificate, most recent MOT certificate and service book or service records.
- In order to generate an accurate Valuation for a car, we require accurate completion of the Appraisal Questionnaire on the Platform. Accordingly, by submitting an Appraisal Questionnaire, you warrant that:
- all information provided is complete and accurate;
- you have verified any information prepopulated in the Appraisal Questionnaire, including details provided by the Consumer, as complete and accurate;
- you have driven the car for a minimum of 2 (two) miles in order to establish mechanical condition and verify information prepopulated in the Appraisal Questionnaire;
- the car meets all the Prerequisites; and
- unless otherwise stated within the Appraisal Questionnaire, all Assumptions are accurate in respect of the car.
- In addition to the Appraisal Questionnaire, we may require further information regarding a car in order to provide a Valuation, for example if you have submitted inconsistent Appraisal Questionnaires in respect of the same car. You further warrant that the any additional information provided is complete and accurate.
- In the event that you become aware that any information provided or validated as part of the Appraisal Questionnaire is or becomes incorrect prior to the point of Collection, you must inform us of this immediately using the contact details provided, in which case we may provide an updated Valuation to you but are under no obligation to do so.
- In order to generate an accurate Valuation for a car, we require accurate completion of the Appraisal Questionnaire on the Platform. Accordingly, by submitting an Appraisal Questionnaire, you warrant that:
Disposal Acceptance / Rejection and Collection
- Following a period of seven (7) days from the date on which we provided the “Initial Valuation”, you will have forty-eight (48) Business Hours in which to decide whether to dispose of the car to us and to initiate the Disposal Notice if you decide to dispose. Following submission of the Disposal Notice, you must complete the Disposal Process within 14 days of the generation of the Initial Valuation.
- We will confirm (via the Platform) our Disposal Acceptance or Disposal Rejection within twenty-four (24) Business Hours of receipt of your Disposal Notice.
- If we issue a Disposal Rejection as a result of your submission of an incomplete or inaccurate Appraisal Questionnaire, you will have the option to update the incomplete or incorrect information in your Appraisal Questionnaire and resubmit a Disposal Notice prior to expiry of the Valuation in accordance with clause 4.2. We may take up to a further twenty-four (24) Business Hours from your resubmission of your Disposal Notice, in order to review your submission, before we confirm our Disposal Acceptance or Disposal Rejection.
- Where we confirm our Disposal Acceptance, we will arrange for Collection of the car within two (2) Business Days of our Disposal Acceptance. We will then undertake the Inspection. Unless the Initial Valuation is rendered invalid in accordance with clause 4.3, we will issue our Sale Price Confirmation Notice and pay you the Sale Price in accordance with clause 0, within a total of five (5) Business Days from the date issuing our Disposal Acceptance.
- You shall ensure that the car is available for Collection promptly upon the arrival of our representative.
- Upon Collection of the car, you shall handover all Vehicle Accessories and Vehicle Documents to our representative.
- A Lead Valuation is valid for a period of seven (7) days from the date on which we provide the Lead Valuation to the Consumer, during which time the Consumer must submit a Lead to you, after which time the Consumer will need to generate a new Lead Valuation.
- A Valuation is valid for period of seven (7) days from the date on which we provide the Initial Valuation to you, after which time you will need to submit a new Appraisal Questionnaire to generate a new Valuation.
- A Valuation will be rendered invalid if:
- upon Collection, the car’s mileage is 125 miles or more higher than the mileage stated in the Appraisal Questionnaire;
- upon Inspection, we establish that:
- the condition, status and/or history of the car is inconsistent with the information provided in the Appraisal Questionnaire;
- information provided in the Appraisal Questionnaire is not evidenced, including but not limited to service history, mileage and rectification of safety recalls;
- Vehicle Accessories that were declared as present or in good condition in the Appraisal Questionnaire are absent or damaged; and/or
- Vehicle Documents that were declared as present in the Appraisal Questionnaire are absent; and/or
- you did not inform us of any factor that we later become aware of and which we consider it unreasonable for you to have not disclosed,
- We use reasonable endeavours to ensure that each Valuation is free from errors (such as typographical or technological mistakes), however this cannot be guaranteed and we may need to revise a Valuation in this event.
- Where you have breached these Terms and Conditions and/or are currently in dispute with us regarding another matter, we reserve the right to not provide a Valuation to you in respect of any car in future.
- All Valuations are in pounds sterling.
- In the event that a Valuation is rendered invalid in accordance with clause 4.3 and an updated Valuation is not provided or you reject an updated Valuation following Inspection:
- you must arrange collection of the car from our premises within seventy-two (72) hours of the earlier of: (i) our notification to you that we will not buy the car; (ii) where we provide an updated Valuation, your communication to us that you do not wish to sell the car for the updated Valuation; and iii) where we provide an updated Valuation and we have not heard from you, seventy-two (72) hours after our provision of the updated Valuation. If the car remains on our premises after seventy-two (72) hours, we reserve the right to charge you for storage at the then current storage rate; and
- we reserve the right to charge you for the costs associated with the Collection of the car, which shall be no more than £100.
Warranties and Undertakings
- You warrant that you are an automotive dealer acting in the course of your business.
- By submitting a Disposal Notice, you warrant that:
- you are the legal owner of the car and you are able to provide unencumbered title to the car to us;
- there is no outstanding finance on the car;
- no third party is registered as having a financial interest in the car or, if there is a registered interest, you undertake to provide documentary evidence that all finance on the car has been cleared; and
- no third party has any interest in or claim over the car.
- You agree to behave in a professional and courteous manner when communicating with us.
- You agree to behave in a professional and courteous manner when communicating with us.
Contract for Sale
- Where the condition, status and/or history of the car is consistent with the information provided in the Appraisal Questionnaire, the Valuation provided by us following your completion of the Appraisal Questionnaire shall be the Sale Price and a Contract for Sale is created when we issue a Sale Price Confirmation Notice in accordance with clause 3.4.
- Where the condition, status and/or history of the car is different to the information provided in the Appraisal Questionnaire, we may update the Valuation and shall inform you of the updated Valuation within five (5) Business Days of the Disposal Acceptance, which shall be the Sale Price.
- If you wish to sell the car to us for that revised Sale Price (in accordance with clause 6.2), you shall provide a Sale Price Acceptance Notice within seventy-two (72) hours of our provision of the updated Valuation. Upon your submission of the Sale Price Acceptance Notice a Contract for Sale is created.
- We will pay the Sale Price to your nominated bank account within twenty-four (24) hours of the Contract for Sale (in accordance with clause 6.1 or clause 6.3 (as applicable)).
- Valued added tax (“VAT”) at the prevailing rate shall be payable by you where applicable. Note that Manheim has an agreement with HM Revenue & Customs (“HMRC”) to operate a self-billing system for VAT purposes. Under the terms of the agreement with HMRC, we will issue you with a self-billed invoice and you hereby agree to receive self-billed invoices. You must account for any output tax shown on the invoice to HMRC and agree not to issue a VAT invoice in respect of any self-billed invoice issued by us. You must provide us with details of the VAT number issued by HMRC and notify us immediately if the VAT number is changed or cancelled.
Title and Risk
- Risk in the car will pass to us upon Collection.
- Title in the car shall pass to us when a Contract for Sale is created in accordance with clause 6.1 or clause 6.3 (as applicable).
Limitation of liability
- Nothing in these Terms and Conditions shall exclude our liability for death or personal injury caused by our negligence, fraud or for any other liability which cannot be excluded or limited under applicable law.
- Save as provided in clause 9.1, we shall not be liable to you for any indirect or consequential loss or damage or the following direct losses: loss of profits, loss of business, loss of anticipated savings and/or loss of goodwill.
- Save as provided in clause 9.1 and subject to clause 9.2, our total aggregate liability arising out of or in connection with these Terms and Conditions, whether in contract or tort (including negligence) or otherwise, shall in no circumstances exceed the Initial Valuation of the car.
- You should notify us of any complaints or problems relating to disposal service provided under these Terms and Conditions by email to firstname.lastname@example.org.
- We will formally respond to your email query within seven (7) Business Days.
- We will not be considered in breach of these Terms and Conditions, nor incur any liability to you in respect of loss or damage resulting from any delay or failure to perform all or any part of these Terms and Conditions if such delay or failure is caused, in whole or in part, by any circumstances beyond our reasonable control.
- This contract is between you and us. No other person has rights under the Contracts (Rights of Third Parties) Act 1999 or otherwise to enforce these Terms and Conditions.
- These Terms and Conditions constitute our entire agreement with respect to the subject matter.
- Any waiver by us of a breach of these Terms and Conditions by you shall not be considered as a waiver of any subsequent breach of the same or any other provisions. All waivers must be in writing.
- If any provision of these Terms and Conditions is proved to be unenforceable, the remaining provisions shall not be affected.
- We may make changes to these Terms and Conditions from time-to-time. An up to date version can be found at [https://www.evaautomotive.co.uk/terms/gpx-terms.pdf].
- These Terms and Conditions are governed by English law and subject to the exclusive jurisdiction of the English courts.