Terms and Conditions
Updated: December 02, 2022
2. Dealer Account. Once you have registered your account on the Site, you will be issued a unique username and password which you will use to access the Site. Manheim participates in the AuctionACCESS® registration system, and the AuctionACCESS number and other registration information assigned to your Dealership during the AuctionACCESS registration process will be linked to the Dealership’s account and used for purchases made by the Dealership and its users on the Site. You are responsible for protecting your username and password and your Dealership is fully responsible for all purchases and other activities that are made or initiated using your account or your username and password (including, without limitation, any purchases or other activities made or initiated by any person that is designated as an "Authorized Representative" or "Authorized User" of the Dealership in the AuctionACCESS system). The Dealership unconditionally guarantees all purchases and other transactions may or initiated using any Dealership account on the Site.
3. Proxy Bidding. The Site may allow you to place automatic proxy bids, which allows you to specify in advance your "Max Bid" for a particular Vehicle. If you place a proxy bid on the Site, the system will automatically bid on the applicable Vehicle for you in the bidding increments indicated on the listing, up to your specified "Max Bid". Proxy bids are confidential and will not be known to other bidders or to Volvo Car USA, LLC. Sometimes there may be multiple bids for a Vehicle in the same amount. In these cases, priority is given to the highest bid that is placed first, either by regular bid or by proxy bid.
4. Vehicle Condition and History Reports. Vehicles listed on the Site may have been assigned an AutoGrade Condition Score based on the overall condition of the Vehicle, and may also include an AutoCheck and/or Carfax vehicle history report ("VHR"). AutoGrade Condition Scores and VHRs are issued and provided by third parties. Volvo Car USA, LLC and Manheim make no representation, warranty or guaranty of any kind or nature regarding the accuracy or completeness of any autograde condition score or VHR. Once you have purchased a vehicle, it is your responsibility to inspect the vehicle and ensure that any missing equipment, undisclosed damage or other issues are acknowledged, and that any necessary arbitration is commenced within the permitted time period.
5. Arbitration Process. Any issues or disputes involving a Vehicle purchased on the Site will be resolved exclusively through the arbitration process established and administered by Volvo Car USA, LLC (with the assistance and support of Manheim). The NAAA Arbitration Policy is used by Volvo Car USA, LLC as a general guideline for vehicle arbitrations, but Volvo Car USA, LLC reserves the right to establish its own arbitration process and policies and to make all arbitration decisions, which shall be final.
6. Payments. Payment for each Vehicle you purchase is due on the date of sale in good funds and must include all applicable fees and other charges displayed on the Vehicle listing page or on the purchase confirmation from us, as applicable. Payments must be made to Manheim or its designated payment facilitator either directly by the registered buyer or through a pre-established direct floor planner acting on such buyer’s behalf. Although we reserve the right to make exceptions on a case-by-case basis, we generally will not accept other third-party payments. Additionally, if payment is not received in accordance with the Late Payment Policy found in the Manheim Marketplace Policies, then Manheim may, in its sole discretion assess a Late Fee. Our right to charge a late fee is in addition to, and not in limitation of, any other rights we or our affiliates may have. Payments must be made by ACH, by wire transfer, or by using an approved floor plan line of credit with sufficient availability to cover the full payment amount. You agree that, if any electronic debit or check/draft we (or our designated payment facilitator) present on your bank account is returned unpaid, we may debit your account for a returned item fee in the maximum amount permitted under applicable state law and any payments association rules that govern the transaction. Any returned item fee we impose is in addition to any late fee you incur and any returned item fee your Dealership’s bank may impose. We reserve the right to suspend your account or buying privileges on the Site in the event of any returned or rejected payment or electronic debit request, or otherwise in our discretion. We reserve the right to change the forms and types of payments we accept in our sole discretion. Buyers making payment via a floor plan line of credit that requires manual processing may also be charged an administrative fee of up to $50 per Vehicle as compensation to Manheim for costs it incurs in processing such payments.
11. Vehicle Transportation; Risk of Loss. The buyer is responsible for the transportation of any Vehicle purchased on the Site. Purchased vehicles residing on another dealer's lot are to be retrieved within a commercially reasonable time from the date of purchase (the "Vehicle Pick-Up Deadline"). Grounding dealers are required to make vehicles available for pickup Monday through Friday from 9AM to 5PM (local time). The grounding dealer retains responsibility for vehicle security while on property. If a Vehicle is not picked up by the Vehicle Pick-Up Deadline, Volvo Car USA, LLC and/or Manheim reserves the right to (a) cancel the transaction; (b) arrange for the transport and delivery of the Vehicle using a carrier of Manheim’s choosing (at the Dealership’s expense); (c) suspend the Dealership’s account or buying privileges on the Site; and/or (d) assess the Dealership a daily storage fee for the Vehicle, not to exceed $20.00 per day. Responsibility and risk of loss for a Vehicle will pass to the buyer at the earlier of (i) such time as the buyer or its transport agent or other representative takes possession or control of the Vehicle, or (ii) the Vehicle Pick-Up Deadline. The buyer and its transport agent are responsible and liable for any damages and other liabilities that may arise during or in connection with the transport or delivery of a Vehicle, regardless of whether Manheim may have provided assistance or support in arranging for the transport or delivery of the Vehicle. Purchasing dealers must provide their transporter the RMS purchase confirmation to present to the grounding dealer in order to pick up the vehicle. Grounding dealers must review the bill of sale prior to releasing a vehicle to the transporter.