New Car Stock Business Rules
New Car stock is provided subject to these Rules and the Main Advertising Terms and Conditions which are incorporated in the Rules by reference. If there is any conflict between these Rules and the provisions in the Main Advertising Terms and Conditions, these Rules shall have precedence.
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.
New Car stock will appear on Auto Trader Platforms in a manner and in locations which shall be determined by Auto Trader at its sole discretion. Where provided, the MRRP may be used in conjunction with the Advertised Price to highlight a saving to the consumer where there is a genuine saving. New Car stock allows Franchise Retailers to advertise New Cars for sale.
- “Advertised Price” means the cash price that the New Car is available for from the Franchise Retailer (this should not include discounts or contributions which are not available to any cash buyer), and such price shall be for the specific New Car stock item and including any “OTR” or “On The Road” charges such as tax and delivery charges, but excluding any optional products like paint protection and GAP which may be added at the point of purchase.
- "Franchise Retailers” means Advertisers who are motor/vehicle dealers and who hold a retail franchise from a vehicle manufacturer.
- “Group Stock” means New Car stock that is
- owned by the Franchise Retailer group;
- physically stored centrally on behalf of the Franchise Retailer group and is not stored at any Franchise Retailer site;
- available for a consumer to purchase from any Franchise Retailer site within such group (subject to such Franchise Retailer holding the correct vehicle manufacturer retail franchise); and
- is made visible to potential buyers via the search functionality on Auto Trader Platforms in respect of any Franchise Retailer site within such Franchise Retailer group (subject to such Franchise Retailer holding the correct vehicle manufacturer retail franchise).
- "MRRP” means the genuine “manufacturer recommended retailer price” for the applicable New Car stock item which a consumer would reasonably be expected to pay. This price is for the specific New Car stock item including any “OTR” or “On The Road” charges such as tax and delivery charges, but excluding any optional products like paint protection and GAP which may be added at the point of purchase.
- "New Car" means an unregistered vehicle which has recorded less than 100 miles. A pre-registered vehicle is not a New Car for the purposes of these Rules.
- Business Rules
- New Car stock advertising on Auto Trader Platforms is only available to Franchise Retailers.
- Franchise Retailers may only advertise New Cars that have been specifically allocated to them by the vehicle manufacturer and which the Franchise Retailer has the legal authority to sell at the point of advertising.
- Auto Trader does not permit any single New Car to be advertised at multiple sites within the Franchise Retailer network (with the exception of where a New Car is advertised on a Group Stock basis, where a New Car can be viewed at a buyer’s nearest available location upon request).
- Group Stock functionality is only available to Franchise Retailers in respect of a particular vehicle manufacturer brand where all Franchise Retailers in the applicable Franchise Retailer group for such brand have subscribed to the New Car stock product.
- Franchise Retailers will be responsible for adding any additional New Cars via Portal or via a stock feed, and for removing New Cars once they are sold, so that advertised New Cars accurately reflect a Franchise Retailer’s available New Car stock.
- New Car adverts are independent from a Franchise Retailer’s used car package and therefore all products purchased in connection with a Franchise Retailer’s used car package shall not be applied to the Franchise Retailer’s New Car advertising. New Cars cannot be advertised on a used car contract.
- It is the Franchise Retailer’s sole responsibility to ensure that the Advertised Price and the MRRP specified in the Advert is accurate and is applicable to the exact specification of the New Car stock item in question.
- New Car stock advertising is only to be used by Franchise Retailers for fair and legitimate business purposes. Auto Trader shall determine, at its sole discretion but acting reasonably, whether a Franchise Retailer’s usage of New Car stock advertising constitutes use which is not for fair and legitimate business purposes. Usage which shall not be deemed for fair and legitimate business purposes, and which shall constitute a breach of these Rules, includes, but is not limited to:
- the manipulation of vehicle stock allocation between a Franchise Retailer’s sites with the primary objective of reducing the fees payable to Auto Trader for this product; and
- the advertising of New Car stock volumes in respect of any Franchise Retailer site which constitute 50% or more New Car Stock than the average Franchise Retailer site advertises on Auto Trader Platforms in respect of the applicable vehicle manufacturer brand(s) (unless documentary evidence is provided to Auto Trader proving that such advertising volumes constitute fair and legitimate business purposes, such evidence to be accepted or rejected at Auto Trader’s sole discretion).
- Without prejudice to any rights and remedies available to Auto Trader for a breach of these Rules and/or the Main Advertising Terms and Conditions or otherwise, in the event that Auto Trader, acting reasonably, considers that a Franchise Retailer is in breach of paragraph 2.8:
- it shall contact the Franchise Retailer to understand the context of the Franchise Retailer’s usage and to establish whether there is any satisfactory justification for such breach; and
- if Auto Trader deems there to be no satisfactory justification for such breach of this paragraph having contacted the Franchise Retailer, Auto Trader reserves the right to remove access to New Car stock advertising for such Franchise Retailer.
- Without prejudice to the generality of clause 2.9 above, if Auto Trader deems any Franchise Retailer to be misusing the advertising of New Car stock, such as knowingly providing inaccurate MRRP data, Auto Trader shall remove such Franchise Retailer’s New Car stock and report the Franchise Retailer to the relevant vehicle manufacturer.
- Franchise Retailers shall not make any reference to a finance price or offer within the Advert text or in images in connection with New Car stock.
- Charges shall be payable in accordance with the Main Advertising Terms and Conditions.
- Cancellation / Termination
- A Franchise Retailer may cancel New Car stock advertising on 30 days’ notice in accordance with the Main Advertising Terms and Conditions. After such 30 day period has passed, New Car stock will no longer be advertised on the Auto Trader Platforms but will remain visible to a Franchise Retailer on Portal.
- Auto Trader reserves the right to amend, modify or remove any or all the products or services offered as part of New Car stock advertising at any point with immediate effect. Upon carrying out any amendment, modification or removal which has a significant effect on Franchise Retailers, Auto Trader will notify the Franchise Retailer.