Sell Your Car Terms And Conditions
Consumer Terms and Conditions for Purchase – Manheim Limited
Carzam Ltd (company registration number 12209537) is incorporated and registered in England and Wales and has a registered office address at Samson House Celta Road, Morley Way, Peterborough, England, PE2 7BW (“Dealer”)
Manheim Limited (company registration number 00448761) is incorporated and registered in England and Wales and has a registered office address at Central House, Leeds Road Rothwell, Leeds, West Yorkshire, LS26 0JE ("Manheim" / "we" / "us").
The Dealer has instructed Manheim to provide valuations and car buying services (“Services”) which will be made available through the Dealer’s online platform (“the Online Platform”). The Services will be performed directly by Manheim and any contract for the purchase of your Vehicle will be directly with Manheim.
These standard terms and conditions ("Conditions") set out the contract terms between you and Manheim. The Dealer is not a party to these Conditions and accepts no liability or responsibility for the Services.
By using the Services, you warrant that:
- You are a consumer and not a business or trade customer;
- You are at least 18 years old and legally capable of entering into binding contracts; • The information that you provide to us to obtain a Valuation is accurate, complete and not misleading; and
- You are fully aware of these Conditions which will be binding on you as a user of the Services.
1.1. In these Conditions the following terms will have the following meanings unless the context otherwise requires:
"Assumptions" means the assumptions we make about the Vehicle based on the information that you provide, as set out in clause 2.2;
"Condition Appraisal Form" means the form you complete on the Online Platform in order to provide the details of the Vehicle to generate a Valuation;
"Contract of Sale" means the contract between you and Manheim for the purchase of the Vehicle as set out in clause 6.1 which incorporates these Conditions;
"Final Valuation" means the valuation we provide to you confirming the Purchase Price in accordance with clause 6.1 subject to the findings of the Inspection;
"Inspection" means our physical inspection of the Vehicle before the Final Valuation in accordance with clause 5.1;
"Insurance Total Loss" means that a Vehicle has been categorised by insurers as any of a category A (scrap metal only), category B (break for spare parts only), category C (repairable Vehicle where repair costs exceeded the Vehicle’s pre-accident value), category D (repairable Vehicle) and category F (fire damage);
"Outstanding Finance" means, in relation to the Vehicle, any outstanding finance and/or 'logbook' loan arranged with a third party;
"Purchase Price" means the price for the Vehicle contained in the Final Valuation;
"Roadworthy" means that a Vehicle 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);
"Valuation" means the valuation we provide to you in accordance with clause 2.4, subject to the Assumptions, and the Condition Appraisal Form having been completed in accordance with these Conditions;
"Vehicle" means the vehicle which is the subject of the Valuation, the Final Valuation and the Contract of Sale;
"Vehicle Documentation" all sets of keys, any service history documentation, MOT Certificate (if applicable), the V5/logbook showing you as the registered keeper, manuals, and any other documentation you have in relation to the Vehicle.
2.1. The Service is provided free of charge and you are under no obligation to sell the Vehicle to us following a Valuation.
2.2. The Valuation is based on the following Assumptions. It is your responsibility to review these Assumptions and inform us if any of them are incorrect:
2.2.1.you are the owner of the Vehicle and have unencumbered right and title to sell the Vehicle; 2.2.2.you have been the owner and registered keeper of the Vehicle for a minimum of 3 months; 2.2.3.the Vehicle still has a minimum of 3 months MOT remaining;
2.2.4.the Vehicle has no missing parts, or mechanical and/or electrical defects, including exterior and/or interior;
2.2.5.the Vehicle is not an Insurance Total Loss and has not sustained accident damage or fire damage;
2.2.6.the Vehicle has not been stolen and recovered;
2.2.7.you are able to provide evidence of a service history for the Vehicle;
2.2.8.the Vehicle has an accurate mileage reading;
2.2.9.the Vehicle is not an import, ex-emergency services vehicle, taxi, rental or driving school vehicle;
2.2.10. the Vehicle is registered in the United Kingdom and has not been imported; 2.2.11. the Vehicle is a right-hand drive;
2.2.12. you possess two original working keys for the Vehicle;
2.2.13. the Vehicle is as per the original factory options and has not received engine, bodywork, or other non-maintenance modifications; and
2.2.14. the Vehicle's paintwork is as per the original factory finish and has not otherwise been modified.
2.3. In order for us to provide you with a Valuation of the Vehicle, you will need to complete the Condition Appraisal Form. You hereby confirm that the information provided by you in the Condition Appraisal Form is true, accurate and complete.
2.4. Once you have completed the Condition Appraisal Form you will receive an email confirming the Valuation and details of how to complete the sale of the Vehicle.
2.5. The Valuation is based on the Assumptions and the information provided to us in the Condition Appraisal Form. Subject to clause 2.6 below, the Valuation is valid for 7 days, after which time you will be required to complete the Condition Appraisal Form again.
2.6. We reserve the right to change the Valuation or withdraw the Valuation either following a subsequent telephone appraisal questionnaire, the Inspection or vehicle history checks if the information you provided to us in the Condition Appraisal Form is untrue, inaccurate or incomplete if any of the Assumptions set out in clause 2.2 are incorrect.
2.7. The Valuation is provided strictly on a 'subject to contract' basis and we have the absolute right to withdraw the Valuation prior to the Contract for Sale. The Valuation does not constitute an offer from us to purchase the Vehicle and we are under no obligation to purchase your Vehicle.
2.8. The Valuation will be considered void if the mileage information provided by you in the Condition Appraisal Form has increased significantly (250 (two hundred and fifty) miles or more) from the date we provided the Valuation to the date we collect the Vehicle. In this instance, a revised Valuation will be provided to you based on the Vehicle’s then current and correct mileage information. Such revised Valuation shall not constitute an offer by us to purchase the Vehicle.
2.9. We accept no liability whatsoever for any Valuation provided which may include any unintentional/typographical mistakes or errors on our part by any systems failure. If a mistake has been made, you must notify us as soon as possible so that the mistake can be correct and (where necessary) a revised Valuation provided.
- EXCLUDED VEHICLES
3.1. In certain circumstances we are unable to provide you with a Valuation. You acknowledge and accept that the following categories of Vehicles are excluded from the Services:
3.1.1.vans, bikes and any other non-car Vehicle;
3.1.2.Vehicles with a Valuation of less than £250 or more than £50,000;
3.1.3.Vehicles with an age of less than 3 months or more than 15 years;
3.1.4.Vehicles with a mileage of less than 1,000 or more than 200,000;
3.1.5.electric Vehicles; and
3.1.6.certain prestige brands and models of Vehicle which we consider to be unsuitable for our Services.
- EXCLUDED TERRITORIES
4.1. There are certain postcodes, areas and geographies in which we are unable to provide the Service. These include: the Isle of Man, the Isle of Wight, Northern Ireland, the Republic of Ireland, Shetland Islands, Isles of Scilly, Outer Hebrides, Stornaway, Isle of Lewis, Isle of Scalpay, Inverness, Beauly, Muir of Ord, Dingwall, Munlochy, Avoch, Fortrose, Cromarty, Nairn, Strathpeffer, Alness, Invergoran, Tain, Gairloch, Achnasheen, Garve, Ardgay, Dornoch, Ullapool, Lairg, Rogart, Elgin, Lossiemouth, Fochabers, Forres, Kyle, Isle of Skye, Portree, Plockton, Strome Ferry, Strathcarron, Isle of Arran and Millport, Orkney Islands, Golspie, Halkirk, Kirkwall, Dunbeath, Helmsdale, Brora, Argyll and Bute, Perth and Kinross, Cornwall, Mid and West Wales.
4.2. Please use the postcode entry field to identify if your area is eligible.
4.3. Due to the changing government advice around Covid 19 and the tier system, appointments may not be offered, or maybe cancelled at short notice.
- VEHICLE INSPECTIONS
5.1. Before completing the purchase of the Vehicle or issuing our Final Valuation we will check the Vehicle Documentation and conduct a physical Inspection of the Vehicle to confirm and verify the Assumptions and the details you provided to us in the Condition Appraisal Form and any subsequent telephone questionnaire.
5.2. The Valuation confirmation email we send you will contain a booking tool to arrange a date and time for us to conduct the inspection within 7 days of the date of the Valuation at the address where the Vehicle is located (subject to availability of the Service at the address).
5.3. At the scheduled Inspection you must have your bank card showing your account number and sort code, your driving licence, and one other form of ID. If any of these documents are missing, we will not be able to continue with the Inspection.
5.4. Following the Inspection, we reserve the right to change or withdraw the Valuation only if:
5.4.1.any of the information you provided in the Condition Appraisal Form is untrue, inaccurate, or incomplete;
5.4.2.any of the Assumptions are incorrect; or
5.4.3. we become aware of other factors which you did not disclose in the Condition Appraisal Form but which have an impact on the Vehicle’s Valuation.
5.5. If we decide to withdraw or change the Valuation because of the Inspection, this will be communicated to you by email. You are under no obligation to sell the Vehicle to us following a revised Valuation.
5.6. During the Inspection, the Vehicle may undergo mechanical examination and/or test driving. You must ensure that the Vehicle has up-to-date vehicle tax, is Roadworthy and is driveable before we test drive the Vehicle.
5.7. We accept no liability for any delay or failure to conduct the Inspection if and to the extent that the delay is due to circumstances beyond our reasonable control.
- VEHICLE PURCHASE
6.1. Following completion of the Vehicle Inspection we will immediately provide you with an on-site Final Valuation, which, subject to clause 5.4, will be the same as the Valuation. For the avoidance of doubt, the Final Valuation will constitute a conditional offer from us to purchase the Vehicle for the Purchase Price subject to these Conditions and at that point you acknowledge that you shall enter into a legally binding contract with us in relation to the purchase of the Vehicle (the “Contract for Sale”).
6.2. The Final Valuation will be deemed accepted by you at the point you sign the Contract of Sale. The price given in the Final Valuation will be in pound sterling only and inclusive of VAT.
6.3. Once you have signed the Contract of Sale, we will pay you the Purchase Price (subject to the availability of third party banking systems) via a secure online bank transfer confirmation of which will be sent to you by email as soon as possible. Payment will be made using the payment information and bank account details provided by you to us following your acceptance of the Final Valuation. We reserve the right to make payment by any other method when it is reasonable to do so.
6.4. Title and risk to the Vehicle passes from you to us on payment. However, until such time as payment has been received by you, you remain the owner of the Vehicle and are responsible for insuring the Vehicle.
6.5. We will aim to collect the Vehicle within 5 days of payment. During this time, you agree not to drive the Vehicle. In the event the Vehicle will be an obstruction, please inform our on-site representative who will move it to a suitable temporary location.
6.6. You are under no obligation to sell the Vehicle to us following a Final Valuation. If you do not accept the Final Valuation, it will be deemed to be immediately withdrawn. If you subsequently change your mind once our representative has left the address where the Inspection took place, we will need to carry out another Inspection before making another Final Valuation to confirm that none of the factors specified in clause 5.4 have changed.
6.7. At the Inspection you must have your bank card showing your account number and sort code, your driving licence, and one other form of ID. If any of these are missing or we are not reasonably satisfied that you are the legal owner of the Vehicle, we will not be able to continue with the Inspection.
- VEHICLE HANDOVER
7.1. At the time the Contract of Sale is made, you agree to provide us immediately with:
7.1.1.the Vehicle Documentation; and
7.1.2.any accessories that should be present with the Vehicle.
7.2. You also agree to remove any personal possessions from the Vehicle and reset any devices on which personal details or information is stored. We will not be responsible for any personal items in the Vehicle once the Vehicle is in our possession.
7.3. In the event that you fail to comply with any of the handover requirements set out in clause 7.1 we reserve the right to withdraw the Final Valuation.
- OUTSTANDING FINANCE
8.1. You agree to inform us if the Vehicle is the subject of any Outstanding Finance.
8.2. As part of our Final Valuation, we may agree to settle any Outstanding Finance sum on the Vehicle where the Outstanding Finance sum is the same as or less than the Purchase Price. However, if the Outstanding Finance sum is more than the Purchase Price, we will not purchase the Vehicle and we reserve the right to withdraw any Final Valuation.
8.3. If we agree to settle any Outstanding Finance sum we are doing so entirely on your behalf and you will always remain fully liable to the lender and/or finance provider (as appropriate), until the Outstanding Finance sum has been paid in full and the credit agreement has been legally ended. We accept no liability whatsoever in relation to any matters relating to Outstanding Finance on any Vehicle.
8.4. If we agree to settle any Outstanding Finance sum, you must provide us with a valid settlement letter or grant us authority to discuss your finance with your provider. We shall use reasonable endeavours to settle payment by the due date advised to us (if any). However, we take no responsibility or liability for any payment not being made by the due date.
9.1. To the extent permitted by applicable law, we shall have no liability to you for (a) loss of profit (whether direct or indirect and whether or not reasonably foreseeable by the parties), (b) lost opportunity, or (c) special and consequential losses. In any event (subject to clause 9.3) our liability to you shall in no circumstances exceed the Purchase Price of the Vehicle.
9.2. Manheim shall have no liability for theft or damage to a Vehicle until risk in the Vehicle has passed to Manheim pursuant to these Conditions (except where the damage is caused by our employees or authorised representative).
9.3. Nothing in these Conditions shall limit our liability for (a) death or personal injury arising from our negligence or fraud or (b) for fraudulent misrepresentation.
9.4. We assume no responsibility for the content of websites linked on the Online Platform. Such links should not be interpreted as an endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
10.2. These Conditions together with the Contract of Sale (if applicable) set out the entire agreement between you and Manheim and contain all the terms which are agreed in relation to the sale and purchase of a Vehicle and supersede any prior written or oral agreements, representations or understandings between the parties relating to the Vehicle.
10.3. A person who is not a party to these Conditions shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.
10.4. If any clause, sub-clause, or any part of a clause or sub-clause, of these Conditions is found by any court, tribunal, administrative body or authority of competent jurisdiction to be illegal, invalid or unenforceable than that provision will, to the extent required, be severed from these Conditions and will be ineffective. All other provisions of these Conditions will remain in full force and effect with such modifications as may be necessary to give effect to the remaining Conditions.
10.5. Any notices and communications relating to these Conditions shall be made by mail, email or telephone (at Manheim’s election).
10.6. You shall not be entitled to assign your rights and obligations under these Conditions.
10.7. These Conditions shall be governed by English law and the parties agree to submit to the non-exclusive jurisdiction of the English courts.