1. Introduction
1.1. Each Vehicle sold or purchased via Manheim is sold or purchased subject to Manheim’s Standard Terms and Conditions of Business in force at the relevant time which can be accessed at manheim.co.uk/legal or are available from Manheim on request (the Manheim Standard Terms and Conditions). Each Vehicle sold or purchased via Dealer Auction is sold or purchased subject to Dealer Auction’s Standard Terms and Conditions of Business in force at the relevant time which can be accessed at https://www.dealerauction.co.uk/terms/ or are available from Dealer Auction on request (Dealer Auction Standard Terms and Conditions). Within these terms, a reference to “Auction Services Provider” shall be taken to mean either Dealer Auction or Manheim as appropriate and a reference to “Standard Terms and Conditions” shall mean either the Dealer Auction Standard Terms and Conditions of Business or the Manheim Standard Terms and Conditions as applicable.
1.2. Under the Standard Terms and Conditions and as a matter of the general law applicable to sales by auction, a Purchaser is granted only limited rights to return a Vehicle after a Contract of Sale has been concluded or otherwise to bring any claim against Auction Services Provider in connection with the condition of any Vehicle. However, Auction Services Provider may at its discretion and depending on the terms agreed with the Vendor and Purchaser, sell certain Vehicles with the benefit of Manheim’s SureCheck protection (whether or not in return for an additional payment in respect of that SureCheck protection as set out in the Standard Terms and Conditions). The SureCheck protection service is carried out, in both cases by Manheim (as agent to Dealer Auction where Dealer Auction is the Auction Services Provider) and consists of certain additional contractual rights for the Purchaser should a Vehicle deviate during a limited period after a Contract of Sale has been concluded from certain statements deemed made by Auction Services Provider concerning its condition as at the date of the Vehicle’s inspection (SureCheck). Where Dealer Auction is the Auction Services Provider, the SureCheck service is sold by Dealer Auction, under no circumstances shall Vendor or Purchaser have any contractual claim against Manheim in relation to the SureCheck service.
1.3. These SureCheck Terms and Conditions set out the additional terms and conditions which apply with respect to the provision of SureCheck and form part of the Standard Terms and Conditions except that in the event of any inconsistency or contradiction arising between these SureCheck Terms and Conditions and the Standard Terms and Conditions then these SureCheck Terms and Conditions shall control and take precedence to the extent of such contradiction.
1.4. Unless otherwise provided in these SureCheck Terms and Conditions, defined words and expressions used in the Standard Terms and Conditions shall have the same meanings when used in these SureCheck Terms and Conditions.
2. SureCheck Protections
2.1. Where a Vehicle is sold via the Auction Services Provider with the benefit of SureCheck, then the Auction Services Provider makes the applicable assurances as detailed in clause 2.2 concerning that Vehicle as at the date of the Contract of Sale and expiring on the earlier of:
a. the end of the 7 (seven) calendar day period following Acceptance (with the date of Acceptance being 1 day) or, if Auction Services Provider is requested at the time of Acceptance to deliver the Vehicle to the Purchaser, the end of the 7 (seven) day period following the date of delivery to the Purchaser (as evidenced by the delivery note provided by or on behalf of the Auction Services Provider, with the day of delivery being day 1); and
b. the time at which the Vehicle’s subsequent mileage exceeds 250 (two hundred and fifty) miles as compared to the mileage of the Vehicle as recorded in the Vehicle’s inspection report, (the Assurance Period).
In this clause 2.1 where Dealer Auction is the Auction Services Provider, Acceptance means when the Vendor accepts an Offer put to Auction Services Provider
2.2. Auction Service Provider provides the different levels of SureCheck including Gold, Silver and Bronze levels, in addition to SureCheck LCV and SureCheck EV. A Vehicle sold with the benefit of SureCheck shall be supplied with those assurances which are relevant to that respective level/category of SureCheck and which will be set out on the Auction Service Provider’s website (see manheim.co.uk/surecheck) (SureCheck Checklist) and in other sales literature in use at the time of the sale of the Vehicle (the Assurances). In each case excluded from the scope of the Assurances are any defects or deviations from the Assurances made known to the Purchaser by Auction Services Provider at any time prior to the Contract of Sale being concluded.
2.3. For the avoidance of doubt, Vehicles sold with the benefit of SureCheck include the benefit only of the applicable Assurances as detailed in clause 2.2 together with any statements or assurances under the Standard Terms and Conditions but any and all other warranties concerning such Vehicles are excluded by Auction Services Provider to the fullest extent permitted by law. However, nothing in this clause 2.3 or elsewhere in these SureCheck Terms and Conditions shall act so as to limit or exclude any liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation and/or any other liability which cannot lawfully be limited or excluded.
2.4. Where Auction Services Provider has described in a Vehicle’s inspection report that a Vehicle is sold with the benefit of SureCheck, a SureCheck inspection will have been completed in relation to the Vehicle. A SureCheck inspection involves a Vehicle being checked in a static position only (no road testing is undertaken) by a trained SureCheck inspector in respect of those items indicated as assured by the SureCheck Checklist.
2.5. Following the SureCheck inspection, a SureCheck inspection report is displayed by the Auction Services Provider at the time of Vehicle being made available for sale listing those checks assured by Auction Services Provider under SureCheck including (where applicable) Failure.
2.6. A Failure in relation to SureCheck and as notified on the SureCheck inspection report means any defect(s) relating to a Vehicle whereby the component no longer functions effectively enough to fulfil its main purpose or task to a reasonably expected level of performance commensurate with the age and mileage of the Vehicle. Any Failure(s) disclosed under the SureCheck inspection report are not warranted by Auction Services Provider and the Purchaser shall have no recourse against either Dealer Auction or Manheim in relation to those Failures and any related components as referred to in the SureCheck Checklist.
3. Submitting a Claim Request
3.1. In the event that the Purchaser believes in respect of any Vehicle sold with the benefit of SureCheck that any breach of an applicable Assurance has occurred during the Assurance Period, then the Purchaser must submit a claim (a Claim Request) to the Auction Services Provider via one of the following means by no later than the expiry of the applicable Assurance Period:
a. via the SureCheck App which can be download by Purchasers from manheimsurecheck.co.uk or Text SureCheck to 88802
b. via the SureCheck portal at manheimsurecheck.co.uk/request or
c. via telephone 01279 400526;
3.2. For the avoidance of doubt, unless the SureCheck protection lapses or ends earlier in accordance with these SureCheck Terms and Conditions, the SureCheck protection automatically lapses at (and Auction Services Provider shall have no obligation to consider any Claim Request after) the end of the Assurance Period, and Manheim or Dealer Auction shall have no liability to the Purchaser (whether under these SureCheck Terms and Conditions or otherwise) in respect of any actual or alleged breach of the Assurances:
a. occurring after the expiry of the applicable Assurance Period in clause 2.1 (or, if applicable, after any earlier termination in accordance with these SureCheck Terms and Conditions;
b. where the relevant Claim Request is submitted after the expiry of the applicable Assurance Period; and/or
c. where the relevant Claim Request is not submitted in accordance with the process as detailed in clause 3.1.
4. Claims Process
4.1. Auction Services Provider or its agent shall review each Claim Request made in accordance with clause 3.1 and shall contact the Purchaser to confirm receipt of their Claim Request and to discuss how that will be processed. The Purchaser shall by no later than 30 days following Auction Service Provider’s request, provide any additional information and documentation that may reasonably be requested to assist with validating and processing their Claim Request and/or if requested shall make the Vehicle available for inspection by Manheim (which may include an independent assessor or approved repairer) at a location and at a time and date as reasonably specified by Auction Services Provider or its agent.
4.2. In the event that after assessing a Claim Request the Auction Services Provider or its agent considers that Claim Request to be valid (namely that there has been a deviation from the applicable Assurances and the Claim Request for that has been submitted in accordance with and is not excluded under these SureCheck Terms and Conditions), then Auction Services Provider shall, at its discretion, provide the Purchaser with one of the following remedies which shall be the Purchaser’s sole and exclusive remedy with respect to their Claim Request:
a. Auction Services Provider shall arrange to have the Vehicle repaired at its own expense so that the deviation is remedied and if so, the applicable repairs procedure detailed in clause 5 shall apply;
b. Auction Services Provider, subject to clause 5.4, shall reimburse the Purchaser for the cost to them of having the Vehicle repaired themselves so that the deviation is remedied and if so, the applicable repairs procedure detailed in clause 5 shall apply; or
c. Auction Services Provider shall accept a return of the Vehicle and pay to the Purchaser the agreed sums in respect of that Vehicle subject to and in accordance with the returns timescales and procedures as detailed in clause 6.
5. Vehicle Repairs
ALL REPAIRS MUST RECEIVE PRIOR APPROVAL
Repairer selected by Auction Services Provider (or its agent)
5.1. Where Auction Services Provider elects to have a Vehicle repaired at its own expense then the Purchaser must deliver that Vehicle at their own expense to the repairer selected by Auction Services Provider at a time and date as reasonably specified by Auction Services Provider. Auction Services Provider shall provide the Purchaser with an authorisation code which must be provided by the Purchaser to Auction Services Provider’s repairer before any repairs can be commenced.
Repairs arranged by Purchaser
5.2. Where Auction Services Provider elects to reimburse the Purchaser for the cost of a repair then prior to any such repairs taking place, the Purchaser shall provide Auction Services Provider with a quote for the repair work for Auction Services Provider approval, and if approved by Auction Services Provider an Authorisation Number will be issued to the Purchaser (Authorisation Number). Repair work must not be undertaken without an Authorisation Number and Auction Services Provider shall only be liable to pay the amount relating to the specific Authorisation Number.
5.3. Auction Services Provider’s obligation to reimburse the Purchaser for the cost of a repair shall be conditional upon the Purchaser actually arranging for that repair to be undertaken and Auction Services Provider shall be under no obligation to make any payment to the Purchaser should they elect not to have the repair in question undertaken. Within 7 (seven) calendar days of any request by Auction Services Provider the Purchaser shall promptly provide to Auction Services Provider or its agent such evidence as may reasonably be required to enable it to verify that the repair in question has been undertaken (including, if requested by Auction Services Provider, permitting Auction Services Provider or its authorised agent full and unrestricted access to the Vehicle) and the actual cost charged to the Purchaser for undertaking that repair. Auction Services Provider shall be entitled to withhold or recover payment from the Purchaser (as applicable) should the Purchaser fail to provide any such evidence within 7 (seven) calendar days of Auction Services Provider’s request.
All Repairs
5.4. Regardless of whether any repair has been arranged by Auction Services Provider (or its agent) or the Purchaser, Auction Services Provider shall only be:
a. obliged to authorise and pay the cost of the minimum level of repair required to rectify the deviation from the Assurance in question but not further or otherwise. In particular, Auction Services Provider shall not be obliged to authorise or pay for any additional work or repairs which might be considered desirable but not strictly necessary in connection with the rectification of the deviation from the Assurance in question;
b. liable for the charges and costs of the repairer in respect of repairs authorised by Auction Services Provider or its agent in advance in writing. Should the Purchaser request the repairer undertake any other work or repairs on the Vehicle then such additional work is at the sole cost, expense and risk of the Purchaser and Auction Services Provider shall not be responsible or liable for the same;
c. liable for charges in respect of labour where such charges are reasonable and in line with industry standard, failing which such charges will not be authorised in line with clause 5.2 and an alternative repairer will need to be selected; and
d. liable for the charges and cost relating to the use during the repair of manufacturer, exchanged or reconditioned parts or like for like parts of a similar make, quality and wear to effect the repair.
5.5. Where any Vehicle (including any covered by SureCheck EV and SureCheck LCV) requires specialist diagnosis, repairs and/or components, which may involve repairs by a main franchise dealer, and neither Dealer Auction nor Manheim can be held responsible for any repair and/or diagnosis timescales and/or parts availability.
6. Vehicle Returns
6.1. If a repair is mechanically, practically and commercially viable then Auction Services Provider reserve the right to refuse the Purchaser the right to return of a Vehicle.
6.2. Where Auction Services Provider has agreed to accept the return of a Vehicle then the Purchaser must return (or organise collection via Auction Services Provider of) that Vehicle (plus all documentation and items) at the Purchaser’s own expense to the Manheim centre from where it was originally purchased (or to such alternative Manheim centre to which Manheim may agree) within 72 hours of Auction Services Provider’s request to do so, to be delivered during the usual opening hours of the centre in question.
6.3. Once a return has been agreed, the Purchaser should take all reasonable steps so as to prevent any further damage occurring to the Vehicle and shall comply with any instructions, as notified by Auction Services Provider, relating to:
a. transporting the Vehicle back to a specified Manheim centre; or
b. avoiding any further driving of the Vehicle,
where any variation on the Vehicle’s condition or, where instructions not to drive the Vehicle were given, evidence of increased mileage, between the Claim Request and date of the Vehicle’s receipt by Manheim may result in Manheim rejecting the return.
6.4. Risk of loss or damage occurring to any Vehicle shall pass from the Purchaser to Auction Services Provider at the time that the Purchaser returns that Vehicle to Manheim in accordance with clause 6.2. In the event that any Vehicle is lost, stolen, damaged or otherwise suffers any of the events as detailed in clause 7.1 prior to its return to Manheim in accordance with clause 6.2 then Manheim shall have no obligation to accept the return of the Vehicle and Auction Services Provider shall have no liability to pay in respect of that Vehicle to the Purchaser.
6.5. Title to any Vehicle shall pass from the Purchaser to Auction Services Provider at the time that the Purchaser returns that Vehicle and all associated documentation/items to the agreed Manheim centre in accordance with clause 6.2 and the Purchaser shall promptly execute all documentation and undertake any other actions as Auction Services Provider may reasonably request to confirm that transfer of title.
6.6. As soon as reasonably practical following the return of a Vehicle to the agreed Manheim centre in accordance with clause 6.2, Auction Services Provider or its agent shall undertake an inspection of that Vehicle and any necessary searches to confirm that its return is as accepted under these SureCheck Terms and Conditions. If Auction Services Provider or its agent confirms that the return of a Vehicle is permitted under these SureCheck Terms and Conditions then within 4 (four) Business Days of Auction Services Provider confirming the same to the Purchaser Auction Services Provider shall refund to the Purchaser the Purchase Price (plus any fees paid directly to Auction Services Provider in relation to the Vehicle, excluding SureCheck fees) for that Vehicle. Such payment shall be made by Auction Services Provider at its discretion either by way of credit to the Purchaser’s Auction Service Provider account or by electronic transfer to the Purchaser’s bank account from which the Purchase Price was paid. Auction Services Provider shall be permitted to delay such payment unless and until the Purchaser has executed all documentation and undertaken any other acts as referred to in clause 6.3 required to transfer title to that Vehicle from the Purchaser to Auction Services Provider and the Purchaser has paid all fees and/or amounts due to Auction Services Provider in respect of their original purchase of that Vehicle).
6.7. Where a Vehicle return is not accepted under these SureCheck Terms and Conditions and the Purchaser nevertheless abandons or otherwise leaves a Vehicle at a Manheim centre, then the risk of loss or damage occurring to that Vehicle shall pass from Auction Services Provider to the Purchaser at the time that Auction Services Provider or its agent notifies the Purchaser that its Claim Request is not accepted (and thereafter Auction Services Provider shall have no liability or responsibility to the Purchaser for any loss or damage which may occur to that Vehicle whilst it remains in the custody of Auction Services Provider) and the Purchaser shall at its own expense collect that Vehicle from the agreed Manheim centre during the usual opening hours of the Manheim centre in question within 2 (two) days of receipt of Auction Services Provider or its agent’s notification.
6.8. In the event that a Purchaser fails to collect any returned Vehicle from the agreed Manheim centre in accordance with clause 6.7 then:
a. Auction Services Provider or its agent shall thereafter be entitled to dispose of that Vehicle on the behalf of the Purchaser by any means selected by Auction Services Provider and the Purchaser hereby irrevocably authorises Auction Services Provider to do so and shall promptly execute all documentation and undertake any other actions as Auction Services Provider or its agent may reasonably request to enable any such disposal. Where Auction Services Provider elects to dispose of any such returned Vehicle by way of a sale on behalf of the Purchaser then such sale shall be made subject to the Standard Terms and Conditions and the Purchaser shall be deemed to be the Vendor for the purposes of those Standard Terms and Conditions; and Auction Services Provider shall account to the Purchaser for the proceeds of any such sale after deduction of any amounts as referred to in clause 6.8; and
b. the Purchaser shall on demand reimburse Auction Services Provider for all costs and expenses incurred by Auction Services Provider in accepting and processing the return of that Vehicle and its subsequent storage and sale/disposal (including any Vendor charges payable under the Standard Terms and Conditions). Where Auction Services Provider receives any proceeds of sale as a result of any sale of such Vehicle on behalf of the Purchaser then prior to accounting to the Purchaser for those proceeds of sale Auction Services Provider shall first be entitled to off-set and retain from such proceeds of sale any costs and expenses as referred to in this clause 6.8.
6.9. For the avoidance of doubt, where the return of any Vehicle is permitted under these SureCheck Terms and Conditions then regardless of the actual purchase price paid by the Purchaser, the only amount which Auction Services Provider is obliged to refund and/or pay to the Purchaser is the Purchase Price of that Vehicle originally paid by the Purchaser (plus any fees paid directly to Auction Services Provider in relation to the Vehicle, excluding SureCheck fees) and Auction Services Provider shall not be liable to reimburse the Purchaser for any other costs and expenses incurred by it in connection with the purchase of that Vehicle and/or the return of that Vehicle to Auction Services Provider or its agent.
7. Exclusions
7.1. SureCheck shall automatically lapse; Auction Services Provider shall have no obligation or liability to the Purchaser (whether under these SureCheck Terms and Conditions or otherwise) and shall be entitled to reject any Claim Request in the event that:
a. Auction Services Provider considers that the Purchaser has committed any fraud or otherwise failed to act in good faith in connection with any Claim Request and in particular, should Auction Services Provider have grounds to suspect that:
(i) a Vehicle has been deliberately damaged or a fault created by or on the behalf of the Purchaser in order to facilitate a Claim Request; (ii) the Purchaser has misled Auction Services Provider as to the actual cost which will be paid for any repairs to be arranged by the Purchaser; and/or
(iii) the volume/pattern of Claim Requests submitted by the Purchaser suggests that the Purchaser is deliberately seeking to abuse SureCheck protection and/or which is inconsistent with the obligation of the Purchaser to act in good faith;
b. a Vehicle is stolen, damaged by reason of fire, vandalism or other criminal activity and/or by any wilful, deliberate, accidental or negligent acts or omissions of the Purchaser including:
(i) using any incorrect fuel or grade of fuel with the Vehicle;
(ii) continuing to use the Vehicle with a declared fault, either having been declared on the inspection report or following a fault being reported as part of the Claim Request; and/or
(iii) any third party not acting with the authority of Auction Services Provider;
c. a Vehicle is damaged by reason of the Purchaser and/or any third party:
(i) not acting with the authority of Auction Services Provider;
(ii) failing to operate and maintain the Vehicle in accordance with all applicable laws;
(iii) using all reasonable skill and care; and
(iv) not acting in accordance with the manufacturer’s instructions (for example, overloading the Vehicle or failing to maintain correct anti-freeze protection);
d. any deviation from any of the Assurances which has occurred and is reasonably attributable to general fair wear and tear and/or the Purchaser continuing to use the Vehicle after any deviation or other fault or issue has become apparent;
e. the Purchaser fails to provide any information and/or documentation and/or make the Vehicle available for inspection in accordance with clause 4.1;
f. in the case of any Vehicle repairs arranged by Auction Services Provider, the Purchaser fails to make the Vehicle available for repair in accordance with clause 5.1;
g. in the case of any Vehicle returns, the Purchaser fails to return the Vehicle to Auction Services Provider in accordance with clause 6.2;
h. a Vehicle is used as security for any other loan or other finance and/or should the original Purchaser of the Vehicle otherwise fail to maintain full unencumbered title to the Vehicle for the full term of the Warranty Period;
i. a Vehicle is involved in any accident (whether or not the fault of the Purchaser) or is the subject of an Insurance Total Loss or a Stolen Recovery;
j. a Vehicle is used (whether or not by the Purchaser) in connection with the commission of any criminal offence;
k. a Vehicle is used in any type of race or competition;
l. a Vehicle is customised or modified in any way;
m. a Vehicle is used as taxi or for any other commercial purposes; and/or
n. a Vehicle is re-registered and/or exported, taken out of (whether or not on a temporary basis) or registered outside of the UK (England, Northern Ireland, Scotland and Wales).
8. Data Protection
Any and all personal data obtained from a Purchaser in connection with the provision of SureCheck shall be processed by Auction Services Provider in accordance with its privacy policy from time to time in force, the current version of which can be accessed at https://www.dealerauction.co.uk/privacy/ or manheim.co.uk/legal/privacy-policy as appropriate.
9. Assignment and Vehicle Sales by the Purchaser
SureCheck is provided for the benefit only of the original Purchaser of a Vehicle. The original Purchaser of a Vehicle may not transfer, assign, sell or otherwise deal with their rights and obligations under these SureCheck Terms and Conditions and any attempt by the original Purchaser to do so shall be void. In particular, if the original Purchaser of a Vehicle sells that Vehicle during the Assurance Period then the original Purchaser may not transfer their rights and obligations under these SureCheck Terms and Conditions to any subsequent purchaser of that Vehicle.
10. Sub-Contracting
The SureCheck service is operated by Manheim for and on behalf of Dealer Auction. Each of Dealer Auction and Manheim may sub-contract the performance of any or all of its obligations and responsibilities under these SureCheck Terms and Conditions (including the administration of Claim Requests and/or the performance of any repairs) to third parties (and as at the date of these SureCheck Terms and Conditions Manheim has sub-contracted the administration and processing of Claim Requests to AutoProtect Administration Limited). Dealer Auction shall remain liable for the acts and omissions of Manheim as if those were the acts and omissons of Dealer Aucton itself under these SureCheck Terms and Conditions and Manheim shall remain liable for the acts or omissions of any such sub-contractors as if those were the acts or omissions of Manheim itself under these SureCheck Terms and Conditions.
11. Complaints
11.1. Any enquiry or complaint relating to SureCheck (whether relating to the manner in which SureCheck was promoted or provided and/or in respect of the processing of any Claim Request) should in the first instance be submitted to Manheim’s appointed sub-contractor via one of the following means:
a. AutoProtect Administration Limited, Warwick House, Roydon Road, Harlow, Essex CM19 5DY; or
b. Email: services@autoprotect.co.uk; or
c. Tel no: 01279 456500
Details of the relevant Vehicle sale and transaction number should be provided to enable any enquiry or complaint to be dealt with promptly.
11.2. Manheim (or Manheim’s appointed sub-contractor) will contact Purchasers within 5 (five) Business Days of receiving any complaint to confirm what action is being are taking and will endeavour to resolve any complaints and provide a final answer/resolution within 4 (four) weeks. In the event that such 4 (four) week period will be exceeded, Manheim (or Manheim’s sub-contractor) will keep Purchasers updated as to when a final answer/resolution will be provided.
11.3. If a final answer/resolution has not been provided within 8 (eight) weeks of a complaint being submitted or should a Purchaser not be satisfied with the final answer/resolution provided, Purchasers can refer their complaint to Manheim using the contact details below.
Tel: 0113 393 2001
Email: UKCA.customer.relations@coxautoinc.com
Manheim Central Complaints Team
Head Office
Leeds Road
Rothwell
Leeds
West Yorkshire
LS26 OJE
You can access further information regarding Manheim’s complaints policy below: Treating Customers Fairly Policy | Manheim
12. List of Components Covered
Download a full list of all the components inspected here
