text:
Yes, I have another side of me, that doesn't involve basketball.
It's the tech sort-of-geek that's pretty cool.
I got a team in Microsoft Imagine Cup Lebanon and we created an educational game, if you want to see the video, go to our page and vote for our team. We need every vote we can get since other teams have a lot of time on their hands to get votes.
If my team wins, we go to the Microsoft Imagine Cup in New York City, and I've been wanting to go back there 15 years ago.
Our educational game is called "A Better City", and for more information, do the following steps:
Step 1: Click on link http://www.imaginecuplebanon.com/Vote.aspx?Register=true
Step 2: Fill out the fields and use your Hotmail email address. Any other type is not accepted.
Step 3: Go to your Inbox/Junk Mail
Step 4: Search for an "Activate" email sent by Microsoft.
Step 5: Click on the link in the e-mail.
Step 6: Log in with your password.
Step 7: Click on Mighty Bytes.
Step 8: Vote!
Thank you all!
The voting process takes 3 minutes tops! I need all the help I can get, thank you 😀
Oh, and here's the video:


text:
Tweet, then meet
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subset: commoncrawl


text:
Head can be raised or lowered on post to accommodate various sized specimens. Versatile illumination system offers incident (top) lighting or transmitted (bottom) lighting through the frosted glass stage plate. Precision optics provide a wide field of view with good depth and high resolution. Now offering two models with choices of magnification to fill any needs.
- 1X & 3X objectives for 10X/30X magnification
- 2X & 4X objectives for 20X/40X magnification
- Stand with 45° inclined binocular stereo head, 360° rotatable
- Pair of 10X widefield eyepieces with rubber eyeguards
- Dual focusing knobs, rack & pinion mechanism
- Incident (top) & transmitted (lower) LED illuminator
- Frosted glass stage plate 95mm diameter with clips
- Additional black & white contrast stage plate
- 3 way switch allows top light, bottom light or off
- Stage clips
- Vinyl Dust cover, spare bulb
- Size: 4½" x 7½" x 12″ H, N.W.: 7 lbs.
- CE Certified
Five Year Warranty: The manufacturer warrants each instrument to be free from defects in material and workmanship under normal use (one year for electrical components). It does not cover damage resulting from abuse or misuse, repairs, or alterations performed by other than authorized repair technicians, or damage occurring in transit.


text:
The differential between an inference and a reference may obfuscate one from another, either loading the inferential proposition into a referential one on basis of either\or type intended result.
There are several language games which may touch on this type of distinction, and the games can be played fairly simply, so as to deflect any notion of any type of collusion, or, overlap between them.
On the face of it, this type of presentation may obliterate any notion of changing rules, yet, from a strategic point of view, it may make little sense. Therefrom the posing of the game, mostly out of the motive of political biases.
The aims and the farthest goals again, bury the hatchet
of unconcluded and premature verdicts on the matter.
Insensibility may exhibit lack of mutually sustained previous acknowledgments to post scribe understood agreements..
The silent apologia for breaking the agreement ostensibly implies a difference between individual and public awareness of previous bi - lateral assent.
Usually, this can be an impounded as an effect ridden
escalation, based on programs of indulgent shortening of conscious participation, of the gap between the sign, the signal and the signaling.
The greater the gap, the more the signal appears to disappear. Ontological and psychological variables are inscribed in the gap, as it were merely a kind of utilitarian tool, to use it when it's too apparent, transparent, and not, when it is successfully reduced, becoming opaque.
That this literally is an optical problem based on the illusion, that at a certain level, fair interchange may be discounted, correlating to the deference between a suggestive inference and a shortened deferred reference , may ave many useful applications, such as inscripting an enhanced strategic value within the context.
The effect of too narrow a gap, produces an appearance of more and more hypothetical
proposiitions of hidden value , shifting that value and transform it inversely from one to the other.
Fairness then is repositioned upon the consequently waning value of either the inference, since the anomalous repositioning devalues the inference into the referential mode.
In my opinion, the approach of a maximal inferential possibility, resulting from the almost hypothetical necessity to bridge the gap, can result in an unhappy leap into non rational\psychic formation , using underlying tools, of pre-reflexive, and non-conscious effectors.
That this is a defensive process, to shelter the ego, in my mind, there is no doubt. Such defense which the psyche needs to understand, before using it, not only e benifits clarity, but for the lessens f tension underlying such a process.
To sum up, in other words, It is imperative to understand the base of psychic phenomena, especially when it is a substantial tool deliberately used to promote the interchange, rather then give the impression that such manifestation may simply be an effort to gain something else:
Such as, creating a focus which needs to feed on the difference. Finally, inference may produce psychic phenomenon, when the pre-subjective fuels a non-rational or literal possibility to choose, other then the most basic choice, the one where only one possibility remains: vis, to go on or, to desist further.
The underground is a difficult place to differentiate between what is annotated and what is denoted, causing most, if not all communication to be cut.
Dostoevsky literally held us in an existential suspension, and may be that which overrides attempts to either narrow, or extend the gap.
Please comment if possible. Lack of a response does mean something, but not necessarily what is meant by responder. (Since reference will actively seek a foundation in terms of identifying, what features reduced the ontology from previously hidden variables, changing the causative model to transform into a binary code, which underlies any complex proposition.)


text:
We require 48 hours notice for any cancellations otherwise you will lose 40% of you total order
Yes ,we do last minute orders. Please be considerate when placing last minute orders .
When ordering on a Friday for last minute Saturday deliveries or pickups, please have these in by 1pm on the Friday. In some cases we may not be able to squeeze your delivery in, it depends on how many orders we already have booked in for that Saturday and if it is REALLY last minute e.g. you call Saturday morning for a Saturday pick up (only) that it depends on the day how we can help you ...
1.Inner west local-check postcode at check out stage
2.Inner west suburbs not listed above, check postcode at check out stage
3.CBD - check postcode at check out stage
4.North Sydney/ Eastern suburbs /western - check postcode at check out stage
5.Southern suburbs - check postcode at check out stage
6. Lushcups has boundaries within Sydney anything further than 40km from concord west is considered a boundary
7. Please note that some of these are not listed on the delivery information when putting through an online order however it will be re calculated after the order goes through THANK YOU
Please be aware that we cannot give exact times of delivery due to the amount of deliveries made in one day, however we can guarantee that you will receive it between times mentioned above.
If you require cakes to be delivered at a particular time, we suggest you have your cupcakes/cakes delivered the day before
Note that if there is no one available to accept the delivery, delays may occur that are out of our control, if the job cannot be left for reasons out of our control it will brought back to the bakery and you will be recharged for the job to be re delivered. This may result in the product being unsatisfactory provided due to the perishable nature of the products.
To help in delivering you should always make sure that you check the following details
1. Recipient will be there during our delivery times
2. The place of delivery can accept deliveries of cupcakes
3. Any special instructions for Loading Dock deliveries
4. All details of the recipient (especially their phone number )
5. Business name
6. Business phone numbers
7. Office levels/correct unit numbers
8. Correct street numbers are provided
*If for any reason you as a customer have supplied incorrect delivery information and we cannot contact you or the recipient this will result in the job being brought back to the bakery and you will be re-charged for re-delivery
4. Payment must be received by in full before online orders are completed.
Please note: No online orders are taken for Sundays.
If you have any special requirements to your order, please contact us directly to discuss details.
If for some reason we cannot accommodate this request, we will advise you asap via email.
Please contact us prior to sending so we are aware of the delivery and who it belongs to.
Additional costs may apply, and these will be disclosed before processing the order.
Note that if there is no-one available to accept the delivery, delays may occur that are out of our control, and may also result in an unsatisfactory product being provided due to the perishable nature of the products.
( COVID-19 important notice )
In these uncertain times we do realise that there will be Cancellations
Please give us 7 days notice for all cancellations and we will issue you with a CREDIT note to the full amount paid ) T&C's Apply
We thank you for your consideration Lushcups xx
if any thing less than this you will be charged 40% of your order
At , we aim to deliver the best possible product.
will gladly refund, exchange or credit where goods:
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When placing an order with , your details are not reproduced in any way, or passed on to anyone.
Any information we collect from you is for the sole purpose of processing your order and will not be tendered, sold, exchanged, or otherwise disclosed to anyone unless required by law.
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Unfortunately due to the perishable and sensitive nature of our products, we currently do not provide interstate deliveries, however may in the future.
Come to the Bakery and pick up your cakes, there is plenty of parking
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text:
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text:
LPGA 9hr ago
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The list of pandemic shake-ups is growing, and the Solheim Cup and Ryder Cup are just another addition to that ever-expanding scroll. For (…)
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Rockstar Energy Drink billionaire Russell Weiner has just flipped — for a recorded $48.19 million — two adjacent houses he bought five (…)
PGA Tour 13hr ago
Tiger Woods-hosted Hero World Challenge canceled due to COVID
As travel restrictions remain because of the COVID-19 pandemic, another event has fallen off the PGA Tour schedule. The Tour announced (…)
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Zozo Championship odds, predictions and PGA Tour best bets
The PGA Tour remains on the West Coast but shifts south to Sherwood Country Club in Thousand Oaks, California, for the 2020 Zozo (…)
PGA Tour 14hr ago
Dustin Johnson withdraws from Zozo Championship one week after positive COVID-19 test
A week after a positive test for COVID-19 forced Dustin Johnson to withdraw from the CJ Cup at Shadow Creek, the world No. 1 has now (…)
2020 Masters 15hr ago
Masters online shop to open in early November, but there's a catch
Patrons who had tickets for the 2020 Masters Tournament and 2020 Augusta National Women's Amateur will have exclusive online shopping (…)
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text:
Every time I read about a new dispute between two video companies like the latest between Verizon and Cablevision, I'm reminded of Woody Allen's famous comment about the entertainment business. "It's dog eat dog," he lamented. "Actually, it's worse than dog eat dog. It's dog doesn't return dog's phone calls."
That's pretty much the video biz to a tee—a world of wait-out wars, brinkmanship, and extended bouts of "chicken." And the rules of engagement are mostly found in a single law: The Cable Act. By a vote of four to one, the Federal Communications Commission tweaked those rules this week in favor of Verizon's position that it should have access to key Cablevision HD sports channels. That doesn't mean that Verizon has won the fight yet, but now the telco has a much better chance when the agency considers its case.
One thing is for sure, this decision is good news for consumers. Here's how the FCC came to it.
We want the HD, too
In July of 2009 Verizon filed a program access complaint with the FCC charging that Cablevision "continuously has denied" Verizon access under any terms to the HD versions of its regional sports programming in the New York, New Jersey, and Connecticut area. We're talking big team stuff here, including the New York Knicks and New York Rangers (not to mention the New Jersey Devils).
Verizon was able to negotiate SD video editions, but of course any service would want to offer HD as well. At the same time, Verizon charged, Cablevision has been "trumpeting" that the company "is the only HD source for four of the nine professional sports teams in the New York City metro area."
No fair, the telco cried. The Commission should come to the rescue under Section 628 of the Communications Act, as amended by the Cable Act, section (b) of which declares it unlawful for a cable or satellite cable operator to engage in "unfair methods of competition" that prevent another multichannel video program distributor (MVPD) from offering "satellite cable programming or satellite broadcast programming."
Indeed, when Congress passed that law in 1992, it made its intentions and concerns for the legislation obvious. "The cable industry has become highly concentrated," the bill stated. "The potential effects of such concentration are barriers to entry for new programmers and a reduction in the number of media voices available to consumers."
What could further that concentration more than allowing regional cable franchise owners to hoard "must have" sports team programming that millions of viewers, well, must have?
Now you might think that this language would be a no-brainer, and that nobody would even bother with these kind of shenanigans ever again, given the Cable Act's clear message. But think again, because the words "satellite cable" and "satellite broadcast" created a huge loophole for incumbents to ignore the carriage-sharing requests of MVPDs like Verizon, which offer video via fiber optic lines.
In fact, among cable combatants, this omission famously became known as the "terrestrial loophole."
But as of Wednesday, it will hopefully loop no more.
A subset of practices
So how does the FCC get FIOS into this legal picture? Before we go there, some of you Ars readers might be having a little deja vu feeling about now. Didn't the Commission just try some fancy dancing of this sort, you might be wondering, with its Order sanctioning Comcast for P2P blocking, arguing, with not much success in court, that the agency's authority rested on "ancillary" powers given to it by various policy statements in the Communications Act?
Yes, but the difference here is that there's clearer Congressional intent in the Cable Act, and it's from that intent that the agency has been building its rules for several years. In addition, the very court that gave the FCC hell this month on its Comcast move has been far more friendly to the Commission in this area.
Some history is in order here: On the last day of October 2007, the FCC gave consumers an early holiday gift by banning exclusive cable deals in multiple dwelling units (MDUs), otherwise known as apartment buildings. Restricting a building's access to one cable provider foreclosed the expansion of fiber and "triple play" (phone, video, Internet) services in many areas, the Commission observed.
"Exclusivity clauses deny MDU residents the benefits of increased competition, including lower prices and the availability of more channels with more diverse content." About four months after its decision on MDUs, the agency extended the exclusivity ban to ISPs as well.
To back this decision, the FCC invoked our friend, Section 628. Not surprisingly, the National Cable and Telecommunications Association quickly sued the FCC in the District of Columbia Circuit Court of Appeals. Its lawyers argued that when Congress wrote 628, it was not worried about barriers to expanded service choice, but instead about practices that prevented consumers from getting certain kinds of programming. The legal arena of conflict on lawmakers' minds was the endless battle between content providers and cable companies, NCTA contended, not roadblocks to service in general.
The DC Court brushed this argument aside in a few pages, noting that nothing in the literal text of 628 prevented the FCC from making its ruling. And although NCTA pointed to "considerable evidence that Congress was specifically concerned with unfair dealing over programming," the judges explained, "they offer no evidence from the legislative record to show that Congress chose its language so as to limit the Commission solely to that particular abuse of market power."
Well, if Congress didn't limit its language to exclude apartment dwellers, the FCC is arguing now, it didn't limit it to exclude fiber video providers, either.
"The fact that Congress singled out a subset of practices with which it was particularly concerned," its Order contends, "and required the Commission to focus on those practices expeditiously does not limit the broader rulemaking authority expressly granted to the Commission... Here, we find that unfair acts involving cable-affiliated programming, regardless of whether that programming is satellite-delivered or terrestrially delivered, pose the danger of significantly hindering MVPDs."
Small moves
But, the Commission warns, it is going to move cautiously in this area, making calls not via a general rule, but on a case-by-case basis.
"Cable operators have an incentive and ability to engage in unfair acts involving their affiliated programming," the FCC notes, but that doesn't mean that that is their intent every time. It will still be the job of petitioners to demonstrate bad intent. In addition, the agency is making it clear that it's particularly concerned about the hoarding of "non-replicable" fare, such as HD regional sports network (RSN) programming.
"If particular programming is replicable, our policies should encourage MVPDs or others to create competing programming, rather than relying on the efforts of others, thereby encouraging investment and innovation in programming and adding to the diversity of programming in the marketplace," the FCC says.
That last sentence could be music to the ears of Time Warner Cable, which is understandably protective of its very locally oriented cable channels. These include NY1 News, News 14 Carolina, News 8 Austin, SportsNet for Rochester and Buffalo, New York, and OC16 in Hawaii. Earlier this month, Time Warner, anticipating Wednesday's move, met with the FCC to argue that it would be unfair to require TWC to share those channels with other services.
TWC's prose may have reflected some bitterness inherited from its recent subscription fee war with a slew of Fox-affiliated TV stations.
We explained that Time Warner Cable has invested many millions of dollars to launch and support these local programming services, at a time when broadcasters are shuttering local news operations and retreating from their commitment to localism. Time Warner Cable's investments advance the core public interest goals of competition, localism, and diversity, and the Commission should not take any action that impedes such beneficial undertakings. Indeed, as the Commission is contemplating ways to bolster the effectiveness of its media ownership rules in response to broadcast stations' various efforts to combine local news operations in ways that harm the public interest, it would make no sense to create a regime that could result in compelled sharing of local news operations.
So the FCC has clearly set up Section 628 in a way that expands its pro-consumer potential, but with a flexibility that will allow it to reward cable companies for boosting journalism and local content.
Not everybody is convinced that this is the right way to go. Although the FCC's Order won over the agency's newest Republican, Meredith Attwell Baker, with its narrow, case-by-case focus, senior Republican Robert M. McDowell dissented from the move. He's still not convinced that the Commission has the statutory authority here, even with the DC Circuit court's blessing in the MDU case.
Verizon, of course, is tickled pink by the decision. "This is a big-time victory for television sports fans," declared Kathleen Grillo, Verizon senior vice president of Federal Regulatory Affairs, shortly after the announcement. "This ruling means that consumers will no longer have to stick with their incumbent cable provider in order to watch local teams in high definition."
We'll see.


text:
GlenDronach 2004 Single Cask Aged 12 Years #5521 Bottle 267 Highland Single Malt Scotch Whisky (700ml)
Out of stock
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Volume: 700ml ABV: 57.3% Age: 12 Years Old Country: Scotland
This single cask was distilled on the 29th of January 2004 and fully matured for 12 years in the finest Pedro Ximenez Sherry Puncheon, number 5521. It was bottled at perfection in February 2016 and is bottle 267/664
Our Tasting Notes
It's yours to enjoy and celebrate. No one else will taste this exact bottle, unless your prone to sharing of course.
Additional information
|2 kg
|40 × 12 × 12 cm
12 yrs
|Flavour Profile
Cask Strength, Sherry Cask
|Production Year
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text:
Robot Costume Photo 9 of 10
Rate this costume:
4 votes
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|Costume type:
|Costumes for Adults
This homemade costume for adults entered our 2015 Halloween Costume Contest.
A word from Paul, the 'Robot' costume creator:
ROBOT HALLOWEEN COSTUME This costume is a remake of a previous one I had made for a Halloween party. The first one was great to look at, but tough to wear. This one is more flexible,... Read more »


text:
The green landscapes of Belgium, the Netherlands and Luxembourg – collectively known as Benelux – as seen by Envisat, along with a corner of France and the south-east coast of the United Kingdom across the English Channel (La Manche).
The collective term Benelux – from the first letters of each nation – originated from the Benelux Economic Union, which entered force in 1948 but has since been superseded by the European Union it helped inspire.
The three countries have a combined population of 27 million people, living in fertile, low-lying territory. Grey pixels seen on the image correspond to built-up areas: Benelux is the most densely populated region in Europe.
The most easterly country in the image is the Netherlands, located at the mouths of three major European rivers: the Rhine, the Meuse (Mass) and the Schelde, the latter just across from the Belgian border.
Clearly visible on the coast is the westerly section of the Waddenzee (Wadden Sea), a body of water and associated wetlands extending into Germany. Directly south of the Waddenzee are the IJsselmeer and Markermeer freshwater lakes. At the southern tip of the Markermeer is Amsterdam, with The Hague and Rotterdam further along the coast.
Just north of The Hague in the coastal town of Noordwijk is located ESA's European Space Technology Research Centre (ESTEC), where Envisat was designed, integrated and tested before being flown to French Guiana for launch in March 2002.
South of the Netherlands is Belgium, with the major cities of Antwerp and Brussels visible along with multiple settlements including Charleroi and Namur along the course of the Sambre River.
Directly east of southern Belgium is the small land-locked nation of Luxembourg, located within the darker greenery of the Ardennes, a region of dense forests and rolling hills.
Towards the western edge of the image we enter the Pas-de-Calais department in northern France, including the coastal cities of Calais and Dunkirk. Across the Channel is located the UK port of Dover. Sedimentary outflow from the River Thames is clearly seen – the same phenomena can be seen at smaller scales at the other river mouths in the image.
This 14 July 2003 image was acquired by Envisat's Medium Resolution Imaging Spectrometer (MERIS) in Full Resolution mode. It has a spatial resolution of 300 metres and covers 672 x 672 kilometres.


text:
Since methane is more harmful than CO2 and is very influential in climate change, researchers have found a new way to capture the greenhouse gas.
Methane is responsible for the second highest concentration of greenhouse gas that is released in to the atmosphere contribute to 30 percent of global warming. With the growing concern over the gas, scientists at Lawrence Livermore National Laboratory (LLNL) and UC Berkeley studied how effective methane capture could be by using liquid solvents and nanoporous zeolites.
"We used free-energy profiling and geometric analysis in these candidate zeolites to understand how the distribution and connectivity of pore structures and binding sites can lead to enhanced sorption of methane while being competitive with CO2 sorption at the same time," said Amitesh Maiti, one of the researchers from LLNL.
During their studies, it was discovered that the liquid solvents were not very effective, but the zeolites were proved to be sufficient at methane capture. The zeolites were capable of methane sorption, which could become a very promising way to capture the gas. ZON and FER, other zeolites used in the study, were able to dilute methane streams into more moderate concentrations that could be used to ventilate air in coal mines.


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These standard terms and conditions ("Conditions") set out the contract terms between a Vendor and Purchaser of Vehicles and explain each party's rights and obligations. These Conditions also set out Manheim's rights and its duties to Vendors and Purchasers. Manheim shall, at its discretion, be entitled to amend and/or vary these Conditions from time to time.
This is an important document which should be read carefully. All Vehicles sold and purchased will be governed by these Conditions (whether such Vehicles are sold at a physical or electronic auction or sold directly without being auctioned). In consideration for the mutual promises and undertakings set out herein: Manheim, Vendors and Purchasers agree to be
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Your entry to and use of Manheim's buildings, premises and other facilities (including your right to use software and services provided by Manheim) are subject to these Conditions. These Conditions can be accessed at www.manheim.co.uk or upon request at Manheim auction centres.
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Market Value means the lesser of:
a) the mean average selling price of a Vehicle which is:
(i) achieved at a Manheim auction over the 3 (three) month period ending with the month in which the Vehicle the subject of the claim was purchased or, if not purchased, the date delivered, collected or taken possession of by Manheim; and
(ii) the same make, model and substantially the same condition and mileage as the Vehicle the subject of any claim; OR
b) the market value of a Vehicle for its make, model and condition at the date a claim is made
Defect Notification: means a notification included on the Manheim Assured Checklist setting out any defect(s) relating to a Vehicle ("Defect(s)"). The Defects disclosed under a Defect Notification are not warranted by Manheim and the Purchaser shall have no recourse whatsoever against Manheim in relation to those Defects.
Offer means any price offered to be paid for a Vehicle and whether submitted electronically, in writing, orally or by any other means or indication (and a Purchaser authorises Manheim to put an Offer to a Vendor and to accordingly accept a Vendor's reply on a Purchaser's behalf).
Purchase Price means the price which has been Accepted for a Vehicle.
Purchaser means the person or company whose Offer has been Accepted for the Vehicle and the definition, where the context so requires, shall include prospective Purchasers.
Rate of Interest means 4% above National Westminster Bank base rate (or any other bank base rate chosen by Manheim) in force from time to time which shall be compounded at the end of each calendar month.
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).
Safety Recall means a recall issued by a Vehicle manufacturer regarding defects, which have the potential to cause serious injury, including instructions for remedying the defect.
Stolen Recovery means a Vehicle that has been stolen and recovered.
Territory means mainland England, Scotland and Wales and excludes any areas where a Vehicle needs to be transported by ship, plane or any other similar form of transport.
Vehicle means any car, light commercial van, motorcycle, caravan, heavy goods vehicle or any other vehicle, plant, machinery, equipment or any other asset.
Vendor the company, organisation or person that has instructed Manheim to perform services on its behalf in relation to the sale of Vehicles.
For the avoidance of doubt, any reference to the age or year of a Vehicle shall be deemed to be a reference to the year of the Vehicle's first registration in the United Kingdom as stated in the Vehicle registration document.
Vendor's duties
1. Unless the Vendor has otherwise instructed Manheim in writing prior to a Vehicle being Entered for Sale and Manheim has agreed to act in accordance with that instruction, the Vendor warrants and promises to both Manheim and the Purchaser that unless disclosed otherwise as part of the sales process, that where relevant:
a) the Vendor owns the Vehicle and accordingly has unencumbered title to and a right to sell the Vehicle;
b) the Vehicle has not been subject to
an Insurance Total Loss and/or is not a
Stolen Recovery;
c) the odometer (or the total mileage of a Vehicle if stated to be different from the odometer) if noted as "warranted" will be true and accurate;
d) the Vehicle has its true and proper registration mark and chassis number and/or vehicle identification number and which corresponds to the Vehicle
registration documents;
e) if the Vehicle is Entered For Sale with a cherished registration plate that is assigned to the Vehicle, the Vendor has all rights, title and interest to sell that cherished registration plate;
f) the year registered, or year of manufacture, whichever is earlier, which has been provided by a Vendor is correct (save that when the expression "unknown" or "year as seen" is used – no warranties or representations are given regarding the age of a Vehicle);
g) any and all Safety Recalls applicable to the Vehicle have been dealt with in accordance with manufacturer instructions and, where required, any default(s) fully remedied;
h) the Vehicle has not been used by the police, used as a taxi, re-registered, imported and/or registered outside of the United Kingdom;
i) all documents and information provided by the Vendor are true, accurate and complete in each and every particular.
2. If the Vendor is in breach of the warranty set out in clause 1(c) above, the Vendor shall only be liable to the Purchaser:
a) in respect of any negative difference between the Market Value of the Vehicle on the date of Acceptance and the actual price paid for the Vehicle by the Purchaser arising from a discrepancy between any mileage warranted in relation to the Vehicle at the time of Acceptance and the actual mileage of the Vehicle; and
b) only then if the discrepancy is at least 1,000 (one thousand) miles or 10% (ten per cent) more than the actual mileage of the Vehicle (whichever is greater); and
c) the Purchaser gives notice in writing to Manheim (as agent of the Vendor) of said discrepancy within 3 (three) Business Days of the date of Acceptance (failing which the Vendor will have no further liability in relation to the warranty set out in clause 1(c)) above.
3. Save as set out in clause 1, no warranties or representations are made by a Vendor regarding the mechanical condition or general quality of the Vehicle.
4. It is the duty of the Vendor to ensure the Vehicle is insured against third party damage and/or theft whilst on Manheim's premises or otherwise in Manheim's control and shall remain insured until risk passes to a Purchaser upon Acceptance. Risk in the Vehicle remains with the Vendor at all times until a Contract of Sale has been entered into.
5. A Vendor warrants to Manheim that it will immediately inform Manheim if a Vehicle is known by it not to be Roadworthy.
6. A Vendor warrants to Manheim that where plant, machinery or some other substantially similar asset are being sold, they will be safe for use and operation.
7. A Vendor agrees to fully and effectively indemnify Manheim on demand against any losses, costs, expenses (including legal fees on a full indemnity basis), liabilities or claims suffered by Manheim by reason of a breach of the warranties given at clauses 5 and 6.
8. A Vendor agrees that where it uses Manheim's IT systems and software, that it shall do so using all due care and attention and shall use its best endeavours to ensure that no viruses, worms or disabling devices are uploaded onto Manheim's systems.
9. In the event a cherished registration plate is assigned to a Vehicle but it is not offered for sale with that Vehicle, a Vendor must inform Manheim in writing of this prior to the Vehicle being Entered For Sale.
10. A Vendor must inform Manheim in writing of the VAT status of a Vehicle prior to that Vehicle being Entered For Sale. The VAT status of a Vehicle as notified to Manheim prior to the sale of a Vehicle shall be binding and may not be changed following a Contract of Sale arising in respect of that Vehicle.
11. A Vendor must supply Manheim with accurate information regarding its VAT status and registration and of any amendments to the same. A Vendor shall be responsible and shall hold Manheim harmless on demand against any loss suffered by Manheim as a consequence of Manheim acting on inaccurate information.
Contract of sale
12. When an Offer is Accepted by the Vendor a Contract of Sale is formed between the Purchaser and the Vendor.
13. Manheim is not a party to the Contract of Sale and has no liability or responsibility in respect of the Contract of Sale.
14. The fall of the hammer will mean that Manheim has accepted an Offer on behalf of a Vendor, but Manheim may also accept an Offer electronically, in writing, orally or by any other means or indication on behalf of a Vendor and an Offer shall be deemed as Accepted whenever an auction or sale of Vehicles ends and Manheim has received (on behalf of the Purchaser) the Acceptance from a Vendor.
15. Whilst risk in the Vehicle passes to the Purchaser at the time of Acceptance, all ownership and title in the Vehicle remains with the Vendor until it has received the Purchase Price less any Fees.
16. The Contract of Sale contains the warranties and representations made by the Vendor at clause 1 of these Conditions. The Vendor makes no other warranties or representations about the Vehicle. Whenever practical, it shall be for the Purchaser to inspect the Vehicle and make such enquiries, as the Purchaser considers appropriate concerning the Vehicle, with relevant third party providers of information. It is for the Purchaser to satisfy itself about any Offer it wishes to make for the Vehicle.
17. Other than as set out in these Conditions, the Vendor expressly excludes any and all representations and warranties about the Vehicle including any which may otherwise be implied into the Contract of Sale by the Sales of Goods Act 1979, any other legislation or by common law (whether this be terms implied by custom and practice or otherwise).
18. The Vendor shall not be liable to any Purchaser for any special, consequential or indirect losses suffered by a Purchaser in relation to the Vehicle.
19. The Vendor shall not be liable for any loss of profit, loss of contract, loss of revenue, loss of opportunity or loss of chance (whether such losses are direct or indirect or reasonably foreseeable at the time of the Contract of Sale) suffered by the Purchaser.
20. At all times the Vendor's liability to a Purchaser shall not exceed the Purchase Price.
21. Nothing in the Contract of Sale shall exclude or limit the Vendor's liability for death or personal injury caused by the Vendor's negligence or for any fraud or fraudulent misrepresentation.
22. For the avoidance of doubt, each of the matters set out at clauses 16 to 21 are a part of the Contract of Sale.
Payment of Purchase Price and related matters
23. Manheim shall in normal circumstances remit the Purchase Price (less its Fees) for the Vehicle to the Vendor within 5 (five) Business Days of:
a) Manheim having received the full Purchase Price in cleared funds; and
b) provided there is no existing dispute in relation to the Vehicle; and
c) any and all third party interests in the Vehicle have been settled in full.
24. The Vendor authorises Manheim to deduct from the Purchase Price:
a) any and all Fees which are payable by the Vendor to Manheim (whether in respect of the Vehicle to which the Purchase Price relates or in respect of any other services, products
or Vehicles);
b) any amount equivalent to a third party interest in the Vehicle where Manheim may have been informed that such interest needs to be settled in order to pass good title to the Vehicle to a Purchaser.
25. Where Manheim has agreed to invoice the Vendor for any Fees rather than deducting them from the Purchase Price, all such Fees shall be due and payable within 7 (seven) days of the date of invoice. The method of payment shall be in accordance with Manheim's then current operating procedures and practices.
26. A Purchaser must pay the Purchase Price (and any VAT, where relevant), Buyer's Premium and any other Fees by 5.00 pm of the next day following Acceptance. Where Manheim invoices the Purchaser for any Fees all such Fees shall be due and payable within 7 (seven) days of the date of invoice. The method of payment shall be in accordance with Manheim's then current operating procedures and practices.
27. Where the Fees have been paid late by the Purchaser or the Vendor, Manheim shall have the right to charge interest on those Fees at the Rate of Interest. Where the Purchaser has not paid the Purchase Price and the Fees (including the Buyer Premium) by the due date for payment, Manheim shall have the right to resell the relevant Vehicle without notice to the Purchaser and also to suspend or withdraw all of the Purchaser's trading facilities with Manheim. Any charges or losses incurred on any resale of the Vehicle (including any difference between the Purchase Price and the resale price) will be payable by the Purchaser to Manheim.
28. Where the Purchaser has purchased more than one Vehicle, Manheim reserves the right not to allow any Vehicle to be removed from its premises until payment in full has been made in cleared funds in respect of all the Vehicles so purchased.
29. VAT (at the rate prevailing by law from time to time) shall be payable by a Vendor and/or a Purchaser where applicable. Note that Manheim has an agreement with HM Revenue & Customs (HMRC) to operate a self-billing system for VAT purposes in respect of Vehicles sold through any Manheim auction on behalf of a Vendor. Under the terms of the agreement with HMRC, Manheim may issue the Vendor with a self-billed invoice and the Vendor must account for any input tax shown on the invoice to HMRC and agree not to issue a VAT invoice in respect of any self-billed invoice issued by Manheim. A Vendor must provide Manheim with details of the VAT number issued by HMRC and notify Manheim immediately if the VAT number is changed or cancelled.
Purchaser's Duties
30. Risk in the Vehicle passes to the Purchaser upon Acceptance. It is therefore the Purchaser's duty to insure the Vehicle from that time.
31. The Purchaser warrants and represents to Manheim that it has read and agreed all of these Conditions. The Purchaser warrants and represents to Manheim and the Vendor that the exclusions of liability (whether by Manheim or the Vendor) are fair and reasonable.
32. Each prospective Purchaser shall provide his true name and address and such other information and proof of identity (whether in respect of money laundering procedures or otherwise) as may reasonably be required by Manheim.
33. The Purchaser understands and agrees that it is the Purchaser's duty to ensure that all necessary safety checks on the Vehicle are undertaken before putting the Vehicle into use (including placing them on the highway).
34. It is the Purchaser's responsibility and it shall accordingly and additionally warrant and represent to Manheim that it will do all things necessary to ensure (including by undertaking repair or maintenance as necessary) that the Vehicle is safe for operation and use and that the Purchaser has all necessary permits, certificates or any other legally required documentation or insurance as may be necessary to use the Vehicle (whether on the highways or otherwise).
35. Where a cherished registration plate is assigned to a Vehicle but not purchased with the Vehicle, the Purchaser:
a) warrants, represents and undertakes that it will cooperate in the retention of the cherished registration plate by the Vendor; and
b) acknowledges that the Vehicle will require a valid MOT certificate for the allocation of a new registration number.
36. The Purchaser warrants, represents and undertakes that it will do all things necessary to ensure that the Vehicle is Roadworthy or, where not Roadworthy, that they are put in a condition so as to be Roadworthy and safe for use before putting them on the road.
37. The Purchaser shall pay any deposit in respect of the purchase of Vehicles as may be required by Manheim. The deposit shall be returned by Manheim if:
a) an Offer is withdrawn prior to Acceptance and no Contract of Sale is therefore concluded in respect of the Vehicle; or
b) a Vendor has agreed to cancel a Contract of Sale.
Deposits shall not be refundable where a Purchaser seeks to withdraw an Offer after Acceptance and where clause 37(b) does not apply or where a Purchaser otherwise fails to pay (howsoever arising) for a Vehicle.
38. Each Purchaser warrants and represents to Manheim that all information provided by it shall in all respects be true, accurate and complete.
39. Each Purchaser agrees that it shall immediately update Manheim on any changes to information provided by it to Manheim.
40. Each Purchaser agrees that where it makes an Offer on Vehicles made available for immediate purchase at a specified price (or a price greater than the specified price), the submission of an Offer at or above the price will be binding upon Acceptance.
41. The Purchaser warrants and represents to Manheim and a Vendor that it understands and agrees that:
a) all Vehicles only come with those representations and warranties described in clauses 1 and 84 (save where an Assured Scheme applies); and
b) it has no rights against Manheim in respect of the quality, condition or merchantability of the Vehicles (save where an Assured Scheme applies); and
c) Manheim does not conduct any Safety Recall checks; and
d) prior to making any Offer in respect of any Vehicle, it will satisfy itself regarding the value and condition of the Vehicle by inspecting them and / or making such other background checks as are prudent and sensible.
42. Each Purchaser agrees that where it uses Manheim's IT systems and software, including any facilities made available over Manheim's website, that it shall do so using all due care and attention and shall use its best endeavours to ensure that no viruses, worms or disabling devices are uploaded onto Manheim's electronic systems.
43. Each Purchaser agrees that it will keep confidential, safe and secure any of its buyer account details and any passwords or user names provided to it by Manheim to enable it to have access to Manheim's systems and a Purchaser further agrees that it shall be liable for and shall indemnify and hold Manheim harmless on demand against any costs, liabilities, damages, expenses, fees (including legal fees) and losses suffered by Manheim by reason of any third party use of the prospective Purchaser's account details, user names or passwords.
44. Each Purchaser agrees to fully and effectively indemnify Manheim and hold Manheim harmless on demand against any losses, costs, damages, expenses or liabilities (including legal fees on a full indemnity basis) suffered by Manheim by reason of the prospective Purchaser being in breach of these Conditions including under the Contract of Sale.
45. Each Purchaser warrants and represents to Manheim that where it trades online, it is trading in the course of business and not as a private consumer.
Purchaser's Rights
46. Where made available to a Purchaser by Manheim, a Purchaser may make Offers in writing or electronically as well as making an Offer orally or otherwise at Manheim's premises. Where a Purchaser makes use of Manheim's electronic facilities, it shall do so in accordance with these Conditions.
47. Title in the Vehicle passes to the Purchaser upon cleared payment in full of the Purchase Price and Fees to Manheim.
48. The Purchaser shall have the benefit of the Vendor's warranties and representations incorporated into the Contract of Sale at clause 1.
49. Subject to clause 50 below, in the event that any of the warranties and representations given at clause 1 are untrue, the Purchaser has the right to either:
a) at least in so far as it relates to title, to rescind the Contract of Sale (subject to the time limit specified below) and be refunded the Purchase Price in full and final settlement of any claim the Purchaser may have; or
b) if a sufficiently material misrepresentation has been made, to rescind in accordance with clause 49(a) or alternatively (and in all other circumstances where not a sufficiently material misrepresentation) to retain possession of the Vehicle and claim for any losses directly suffered by the Purchaser (subject to the time limits set out in clause 50 below and subject at all times to the restrictions set out in clause 2 and exclusions and caps on liability set out at clauses 18 to 20).
50. The time limit for bringing a claim for breach of warranty or representation under clause 1 is 3 (three) days from the date of Acceptance, unless it relates to title in
which case it is 6 (six) months from the date of Acceptance.
51. For the avoidance of doubt, clauses 47 to 50 form part of the Contract of Sale.
52. The Purchaser has the benefit of any Assured Scheme warranties where the Purchaser has been informed by Manheim that the Assured Scheme applies to those Vehicles and paid the Purchase Price and Manheim's Fees in full and cleared funds.
53. The Purchaser has the benefit of the promises provided by Manheim in accordance with clauses 84 to 85 when the Purchaser has paid the Purchase Price and Fees in full and cleared funds.
Manheim's Rights
54. Manheim has the right to decline to auction or otherwise offer for sale any Vehicle at its sole discretion.
55. Manheim may refuse any person's or company's entry to its premises or require any individual to leave its premises at its sole discretion.
56. Manheim shall have the right to refuse any person's or company's access to its website or other software or electronic systems or facilities and/or to suspend any such rights of access at its sole discretion.
57. Manheim may withdraw or suspend at any time any facilities made available by it to any person or company including any credit facilities or any account holder rights (such suspension or withdrawal being at Manheim's sole discretion).
58. Manheim shall have the right not to take or accept any Offer from any individual, company or organisation and shall have the right to require any Purchaser to be properly authorised by Manheim to participate in any particular sale of Vehicles.
59. Manheim shall have the right to put in place rules at its discretion from time to time regarding the acceptance of Offers electronically. All Purchasers agree to be bound by those rules.
60. Manheim is not bound to accept any particular Offer and Manheim's decision regarding the submission of Offers shall be final.
61. A Purchaser agrees and understands that where it is using an electronic means of submitting Offers, an Offer may not be received by Manheim and/or Manheim's system may not recognise, accept or utilise that Offer. Purchasers agree to use any of Manheim's electronic systems at their own risk that an Offer will not be received, accepted or utilised.
62. Manheim makes no guarantees as to the availability of any equipment or electronic systems or communication facilities made available by it. Manheim makes no promises that a prospective Purchaser will have uninterrupted, secure or error free access to Manheim's electronic systems and communication facilities.
63. The Vendor grants Manheim the express authority to do any of the following in Manheim's sole discretion a) rescind the Contract of Sale; b) withdraw any Vehicle from sale; and (c) negotiate the sale of any Vehicle by private treaty between any Purchaser and the Vendor.
64. The sale of a Vehicle by private treaty shall incorporate these Conditions as if sold by auction. Private treaty sales made under these Conditions are deemed to be sales by auction for the purpose of consumer protection. Notwithstanding the fact that a Vendor should note that in the case of a Vehicle sold by private treaty on behalf of a Vendor who is selling in the course of business and a Purchaser who does not buy in the course of business, the Vendor may incur additional obligations to the Purchaser under the Sale of Goods Act 1979 and any other applicable law in England and Wales.
65. The Purchaser acknowledges that the Vendor may himself bid, or procure that another person (but no more than one other person) may bid on his behalf, on any Vehicle he sells through Manheim up to the reserve price prescribed by the Vendor for that Vehicle.
66. Vendors authorise Manheim to, and agree that Manheim shall, have the absolute discretion without giving any reason:
a) to decide when and how any Vehicle shall be offered for sale;
b) to withdraw any Vehicle from sale;
c) to re-enter any Vehicle for sale;
d) to bid on any Vehicle on behalf of the Vendor up to the reserve price prescribed by the Vendor;
e) to sell any Vehicle to the Purchaser making the highest Offer that Manheim accepts where there is no reserve price set by the Vendor;
f) to refuse any Offer;
g) to divide any lot;
h) to combine two or more lots;
i) in the case of dispute, to put any lot in for auction again.
67. Each Purchaser and Vendor agrees that all right, title and interest in data collected and processed by Manheim (including all database rights created by it) shall inure to and belong to Manheim.
68. Each Purchaser and Vendor agrees that all copyright (including rights in software), trade marks, database rights and any other intellectual property rights in any website operated by Manheim or in any other electronic communication facilities operated and provided by Manheim or any other document, report, appraisal or other information produced or compiled by Manheim shall be the property of and belong to Manheim (and/or its licensors). No rights in any of Manheim's intellectual property rights (including trade marks, copyright and logos) are granted to a Vendor or a Purchaser other than such limited rights as are strictly necessary for use of Manheim's website or electronic communication facilities made available by Manheim.
69. Vendors and Purchasers may not copy, reproduce, republish, reverse engineer, commercially exploit or otherwise make use of Manheim's intellectual property other than for the strict purpose of using the website, communication facilities and other systems made available by Manheim in order to receive and use the services offered by Manheim.
70. Ownership and title to any Vehicle shall pass to Manheim where:
a) Manheim has paid over the Purchase Price to the Vendor before Manheim is in receipt of those monies from the Purchaser;
b) Manheim has paid to the Purchaser any amount under the Assured Scheme and where the Vehicle is to be returned to Manheim;
c) Manheim has paid to the Purchaser any amount pursuant to clause 85 and where the Vehicle is to be returned to Manheim.
71. Notwithstanding the fact that title has passed to Manheim in accordance with clause 70, Manheim shall not itself be responsible or liable for the warranties and representations set out at clause 1, unless Manheim has itself entered the Vehicle for sale.
72. Vendors and Purchasers agree that Manheim shall have a lien on any Vehicle in respect of any monies due to it from the Vendor or the Purchaser (as relevant).
73. Manheim may retain possession of the Vehicle until a Purchaser is able to prove that it has paid the Purchase Price in full and cleared funds and, where relevant, any agent acting on behalf of a Purchaser can prove he has the requisite authority to act on the Purchaser's behalf. Manheim has the right to require proof of identification before releasing the Vehicle to any person.
74. Manheim may charge interest at the Rate of Interest on any overdue payments owed to it.
75. Manheim shall have the right to deduct its Fees or any other amount properly due and owing to it by the Vendor from the Purchase Price (whether or not the Fees relate to the Vehicle to which the Purchase Price relates).
76. The Vendor and the Purchaser agree that Manheim shall have a right to charge them both Fees where Vehicles are on Manheim's premises and where the Vendor and Purchaser have reached an agreement between themselves on the sale and purchase of those Vehicles.
77. In the event that there is any dispute between a Vendor and a Purchaser, the Vendor and Purchaser authorise Manheim to retain the Purchase Price and possession of the Vehicle until that dispute has been settled. In the event that the dispute is settled such that a Vendor has agreed to cancel the Contract of Sale, Manheim shall return the Purchase Price to the Purchaser and the Vehicle shall remain in the ownership of the Vendor to dispose of as it wishes. In the event that the Vendor agrees to reduce the Purchase Price, Manheim shall return the amount equivalent to the reduction in the Purchase Price to the Purchaser and pass the residue (less Manheim's Fees) to the Vendor and release the Vehicle to the Purchaser. Where the dispute cannot be settled within a reasonable period of time, Manheim shall determine based on the facts available to it (and whether by itself, by reference to interpleading or by appointment of an adjudicator) who is entitled to the Vehicle and the Purchase Price.
78. All Vehicles are handled, driven (including during collection and delivery of the Vehicle) and left on Manheim's premises at the risk of:
a) the Vendor until Acceptance;
b) the Purchaser immediately upon Acceptance.
79. Manheim accepts no liability whatsoever in relation to the Vehicle whilst left on its premises.
Manheim Guarantee Schemes
Manheim Assured Scheme
80. Manheim may offer its Assured Scheme in respect of Vehicles. Where the Assured Scheme has been offered by Manheim, it shall be identified on the Vehicle and/or in any catalogue or other description listing the Vehicle for sale.
81. Where the Vehicle comes with the benefit of Manheim's Assured Scheme and where a Purchaser has already paid the Purchase Price in full and cleared funds along with Manheim's Fees, a Purchaser may only return the Vehicle to Manheim and have the Purchase Price refunded if:
a) Manheim's description of the Vehicle in relation to the items set out by Manheim on the Manheim Assured Checklist is proven to be untrue, excluding any Defects noted on the Defect Notification in which case the Purchaser shall have no recourse whatsoever to Manheim; and
b) a claim is made within 3 (three) Business Days from Acceptance.
82. The Assured Scheme shall be invalidated and a Purchaser shall not be able to rely on the rights at clause 81 above where the Vehicle covered by that scheme is taken outside of the Territory and/or where the Purchaser has damaged the Vehicle himself or undertaken any other works in respect of the Vehicle.
83. The Assured Scheme may not be assigned or transferred to any third party. Only the Purchaser of the Vehicle may rely on and utilise the Assured Scheme.
Buyer's Premium
84. Subject to Manheim being in receipt of the Buyer's Premium, any other relevant Fees and the Purchase Price for the Vehicle, and no disclosures having been made to the contrary: the Purchaser is entitled to rely on the following representations and warranties made by Manheim:
a) unencumbered title to the Vehicle will be passed to the Purchaser so that it will own the Vehicle;
b) the Vehicle has not been the subject of an Insurance Total Loss and/or is a Stolen Recovery (unless disclosed otherwise);
c) the odometer of any Vehicle (or the vehicle's total mileage if this is provided) if noted to be warranted as correct on any sales catalogue or other written description of the Vehicle will be true and accurate.
85. In the event that any of the warranties and representations given at clause 84 is proven to be untrue (the Purchaser having provided evidence reasonably satisfactory to Manheim), then a Purchaser shall have the right to return the Vehicle to Manheim and to be repaid the Purchase Price provided always that:
a) in respect of clause 84(a), the Purchaser has notified Manheim in writing within 6 (six) months of Acceptance bringing a claim under clause 84; and
b) in respect of clause 84(b), the Purchaser has notified Manheim in writing within 3 (three) days of Acceptance bringing a claim under clause 84; and
c) in respect of clause 84(c), the Purchaser has notified Manheim in writing within 3 (three) days of Acceptance bringing a claim under clause 84 and Manheim shall only be liable to the Purchaser in respect of any negative difference between the Market Value of the Vehicle on the date of Acceptance and the actual price paid for the Vehicle by the Purchaser arising from a discrepancy between any mileage warranted in relation to the Vehicle at the time of Acceptance and the actual mileage of the Vehicle and only then if the discrepancy is at least 1,000 (one thousand) miles or 10% (ten per cent) more than the actual mileage of the Vehicle (whichever is greater); and
d) in respect of each of clause 85(a) to 85(c), the Purchaser has not by its own acts or omissions damaged or tampered with the Vehicle.
Additional Services
86. If Manheim is requested to collect or deliver any Vehicles, Manheim will use reasonable efforts to deliver and/or collect the Vehicles within any time agreed with the Vendor or Purchaser. Time shall not be of the essence and Manheim shall have no liability for late or non delivery or collection on the date and time that has been agreed.
87. Manheim will use reasonable care and skill in delivering and/or collecting the Vehicles, but all risk in the Vehicles during the transportation of them shall remain with the Vendor and/or Purchaser as relevant in accordance with these Conditions.
88. Charges for delivery and/or collection will be at Manheim's current rates then in force (or as may otherwise be agreed). Each Vendor and Purchaser agrees to pay any road tolls or congestion charges incurred by Manheim in the performance of any delivery and/or collection services.
89. Manheim shall have the right to charge storage fees (at the standard rate in force from time to time) where any Vehicles remain on Manheim's premises (which includes all land leased, owned or utilised by Manheim) and where:
a) a Vendor refuses to permit Manheim to enter Vehicles for auction or sale on a date specified by Manheim; or
b) a Vendor withdraws a vehicle from auction or sale; or
c) a Purchaser leaves the Vehicle on Manheim's premises for more than 3 (three) days after Acceptance (including where the reason for them being left on Manheim's premises is that the Purchaser has failed to pay the Purchase Price in respect of those Vehicles); or
d) a Vendor or Purchaser requests that Vehicles be left on Manheim's premises; or
e) Vehicles are left on Manheim's premises for more than 3 (three) days (for whatever reason) except where Manheim has agreed terms for the provision of storage services (in which event those terms shall apply); and where storage fees are chargeable in accordance with this clause 89, storage fees will be charged (unless agreed otherwise) from Acceptance (or in respect of Vendors from the point of delivery to Manheim) up to and including the date the Vehicles are removed.
90. Unless agreed otherwise, risk in such Vehicle shall at all times remain with the Vendor and/or Purchaser (whichever is relevant). Where Vehicles have been left or abandoned on Manheim's premises, the Vendor and/or the Purchaser (whichever is relevant) hereby authorise Manheim to sell the Vehicles.
Online Payment
91. Manheim account holders (who are also businesses) are able to pay for certain services and products they receive from Manheim at www.manheim.co.uk/pay. Manheim may, at its discretion, withdraw this online payment facility at any time.
92. Nothing in these Conditions shall limit Manheim's liability for (a) death or personal injury arising from our negligence or fraud or (b) for fraudulent misrepresentation.
93. Manheim shall have no liability to either a Purchaser or a Vendor for any: a) loss of profit (whether direct or indirect and whether or not reasonably foreseeable by the parties), b) loss of goodwill, c) loss of business, d) increased management costs, e) lost opportunity and f) special and consequential losses (and each of (a) to (f) in this clause 93 are intended to be severable from this clause where the law so requires).
94. Manheim shall have no liability for theft or damage to a Vehicle (except where the damage is caused by Manheim's employees) when on Manheim's premises.
95. Manheim shall have no responsibility to check the accuracy of any information provided or made available to it (which may include any information that is then listed in the entry form, catalogues, listings, appraisals and any other sales literature in use from time to time). Prospective Purchasers rely on all such information at their own risk.
96. It is for Purchasers to satisfy themselves as to the quality, condition and provenance of the Vehicle through its own inspection and enquiries and Manheim shall accept no liability for any information prepared by it (in particular, where it is dependant and reliant on information provided by third parties and, for the avoidance of doubt, Manheim does not undertake to check or scrutinise such information).
97. Manheim shall accept no responsibility to safeguard any data not belonging to Manheim and shall have no liability as a consequence of information or data not being received by it and nor shall Manheim have any liability for the availability of any website, system or any electronic means of communicating
with Manheim.
98. At no time shall Manheim's liability exceed the greater of the Purchase Price or the Market Value of the Vehicle (that the claim or loss relates to).
99. Manheim shall have no liability to a Purchaser or a Vendor for any delay in performance if and to the extent that the delay is due to circumstances beyond its reasonable control.
100. Where Vehicles are sold or purchased, or where Manheim provides any services, under these Conditions, Manheim shall require certain information from the Purchaser or Vendor (as applicable), which may include personal data (as defined in accordance with the Data Protection Act 1998). Any/all personal data collected by Manheim for such purposes shall be processed by Manheim in accordance with Manheim's privacy policy, which can be accessed at
101. Use of Manheim's website shall be subject to Manheim's website terms and conditions, which can be accessed at www.manheim.co.uk/legal. Manheim makes no promises or representations regarding the availability of that website or any other system or electronic means of communication made available by Manheim.
102. The Consumer Protection (Distance Selling) Regulations 2000 do not apply to the sale and purchase of Vehicles pursuant to these Conditions.
103. These Conditions set out the entire agreement between (1) Manheim and Vendor; (2) Manheim and Purchaser; and (3) the Vendor and the Purchaser.
104. No other person except for the parties to these Conditions shall have any right under the Contracts (Rights of Third Parties) Act 1999 to rely upon or enforce any term of these Conditions. Nothing in these Conditions shall affect any right or remedy of a third party which exists or is available other than as a result of the aforementioned Act.
105. These Conditions 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. A party proceeds to sell and purchase Vehicles solely on the basis of the terms set out in these Conditions. Nothing in this clause shall exclude liability for fraud or fraudulent misrepresentation.
106. Without prejudice to any other right or remedy, Manheim shall be entitled but not obliged at any time to set off any liability of the Vendor or Purchaser owed to Manheim against any liability of Manheim to the Vendor or Purchaser as relevant (and howsoever arising and whether any such liability is present or future, liquidated or unliquidated).
107. 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.
108. Any notices shall be made by either email, facsimile, telephone or regular mail at Manheim's election.
109. Both the Purchaser and the Vendor agree not to assign their rights and obligations under these Conditions.
110. No partnership, joint venture, employee-employer or franchisor-franchisee relationship arises between Manheim and either Purchaser or Vendor by reason of these Conditions.
111. These Conditions shall be governed by English Law and the parties agree to submit to the non-exclusive jurisdiction of the English courts.
Privacy Policy
This privacy policy ("Policy") applies to the use of this website and any other associated website owned or operated by Manheim Europe or any of its subsidiary companies (together being the "Site"). If you do not accept this privacy policy, you should not use this Site.
We have updated our Policy. This Policy has been designed to provide greater transparency and has been set out so that it is easier to read and understand. We will continue to treat your personal information with care and respect.
Collection of personal information
We collect personal information from you (such as name, address, telephone number, email address etc) when you complete registration or enquiry forms or send emails to us. Please do not submit your personal information to us if you do not wish us to collect it. Furthermore, we may record any telephone calls made to telephone numbers included on the Site. Further information on the collection and use of data is set out below.
1. About Us:
1.1 "We/us/our" means where the context so requires Manheim Europe Limited (company number 03183918), Manheim Auctions Limited (company number 00448761), Manheim Retail Services Limited (company number 02838558), Money4YourMotors.com Limited (Company number 09413775), Motors.co.uk Limited (company number 09575777), Dealer Auction Limited (company number 06676554), Real Time Communications Limited (company number 04277845) and/or We Want Any Car Limited (company number 08604812) whose registered offices are at Central House, Leeds Road, Rothwell, Leeds, LS26 OJE and/or Kingfisher Systems (Scotland) Limited (company number SC145442) whose registered office is Pavilion 2 Parkway Court, Glasgow Business Park, Glasgow, Scotland G69 6GA .
If you have any questions regarding this Policy then you may contact the Legal Department at Central House, Leeds Road, Rothwell, Leeds, LS26 0JE.
1.2 We respect your privacy and we are committed to protecting it and to complying with applicable data protection and privacy laws including the Data Protection Act 1998 (the "Act"). We have provided this Policy statement to help you understand how we collect, use and protect your personal information when you visit any Site.
1.3 By visiting the Site you are accepting this Policy and you expressly consent to our use and disclosure of your personal information as disclosed in this Policy. However, you may visit and browse the Site without disclosing any personally identifiable information about yourself.
1.4 Please note that this Policy may change from time to time and, if it does, the latest version will always be available on the Site.
2. Collection and Use of Data
2.1 The personal information we collect from you includes:
(a) personal information obtained from you via the Site;
(b) personal information you provide about yourself in order to sell or buy a vehicle or manage your account on the Site;
(c) personal information you send to us in personal correspondence such as emails, letters or over the telephone; and
(d) personal information we receive from other users or third parties about you and/or your activities.
The type of personal information we collect could include your name and address, vehicle registration mark, telephone and fax numbers, e-mail addresses and financial and credit card information.
2.2 The personal information you provide to us will be used for the purposes of administration, processing the sale and purchase of a vehicle (including registering interest in vehicles for sale and advertising vehicles for sale), business development, trend analysis and marketing. We will also use it to create offers specifically designed to meet your needs and as set out in clause 3 below.
2.3 Please note that there may be times when we use third parties to store and process your information on our behalf. On any such occasions, we will require any such third parties to strictly comply with our instructions and to not use your personal information for their own business purposes, unless you have explicitly consented to the use of your personal information on this way.
2.4 We may store, process and/or transfer personal information to countries outside of the EEA, especially to servers in the US. If you do not agree to this procedure you should not use our products or services. Your personal information, on some occasions, is transferred outside the EEA to a carefully selected third party, for our data management and business purposes, in particular, for certain outsourced data processing undertaken by organisations on our behalf. By using our products and/or services you consent to our transferring your personal information to countries outside the EEA, if necessary, for our legitimate business purposes as outlined above. We will take reasonable steps to ensure your personal information is adequately protected.
The data protection standards required by US law are not equivalent to EEA standards. To comply with the adequacy requirements of the European Data Protection Directive 95/46/EC, any above mentioned third party will be a participant in the Safe Harbor program developed by the U.S. Department of Commerce and the European Union or have entered into an agreement with us that includes the EC model clauses approved by the European Commission.
2.5 We automatically track certain personal information based upon your behaviour on the Site using cookies and other devices. We use this personal information to do internal research on our users' demographics, interests, and behaviour to better understand our users. This personal information may include the address of the webpage that you just came from (whether this is on the Site or not), which webpage/website you next go to (whether this is on the Site or not), what browser you are using, and your IP address.
2.6 We use data collection devices such as "cookies" on certain pages of the Site. "Cookies" are small text files placed on your hard drive that assist us in providing customised services. You may decline our cookies if your browser permits, although in this case you may not be able to use certain features on the Site. For further information on Cookies see Manheim's use of Cookies below.
2.7 Please note that we will not hold your personal information for any longer than is reasonably necessary or required by law.
3. Disclosure of Data
3.1 We may share your personal information with:
(a) business partners, suppliers and subcontractors for the performance of any contract we enter into with you;
(b) analytics and search engine providers that assist us in the improvement and optimisation of the Site;
(c) credit reference agencies for the purpose of assessing your credit score where this is a condition of us entering into a contract with you; and
(d) if you have provided your consent, third party marketers of auto-related products, motor manufacturers and other services that we believe may be of interest to you. In addition, your personal information may sometimes also be used by us and members of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries (as defined in section 1159 of the Companies Act 2006) to inform you about changes to the Site, new services and offers that you might find interesting and for database maintenance.
If you wish to change personal information held about you or the information you receive from us, please email our Compliance Department or write to:
Compliance Department
Central House
Leeds Road
In your correspondence to us, please set out what it is that you would like to see changed about your personal information.
3.2 Your personal information may also be shared with auditors or contractors or other advisers auditing or advising us on our business operations.
3.3 We co-operate with law enforcement agencies, as well as other third parties, to assist in the enforcement of laws. We can (and you authorise us to by the acceptance of these terms through the continuous use the Site) disclose any personal information about you to such law enforcement or other government officials as we, in our sole discretion, believe necessary or appropriate in connection with any investigation by such law enforcement agencies or other government officials.
3.4 We may transfer, sell or assign any of the personal information described in this Policy to third parties as a result of a sale, merger, consolidation, change of control, transfer of assets or reorganisation of our business (or any part of our group).
3.5 We have the appropriate security measures in place in relation to how your personal information is stored and used, and who can see it. We use industry standard practices to safeguard the confidentiality of your personal, identifiable information, including "firewalls" and "secure socket layers". While such measures help stop any unauthorised disclosure of your information, no security system is impenetrable and we cannot guarantee the security of our system.
3.6 In addition, the transmission of personal information via the internet is not completely secure. Once we have received your personal information, we will use strict procedures and security measures to try to prevent unauthorised access. However, we cannot guarantee the security of your personal information, any more than any other company can. Please note therefore that any transmission of your personal information to the Site is at your own risk and we cannot accept any liability for the loss, theft or misuse of any personal information which you have provided to us if there is a security breach.
3.7 Where we have given you (or where you have chosen for you) a password which enables you to access certain parts of the Site, you are responsible for keeping the password confidential. We ask you not to share a password with anyone.
4. Your rights in relation to your information
4.1 The Act gives you the right to access personal information held about you. You can write to us at any time to obtain a copy of your personal information, to have any inaccuracies corrected and/or updates made. Please write to the Compliance Manager at the address set out at clause 3.1 above.
4.2 In writing to us, please quote your name and address. We would be grateful if you could also provide brief details of the personal information of which you would like a copy or which you would like to be corrected/updated.
4.3 We may require proof of your identity before providing you with details of any personal information we may hold about you. We will charge £10 (ten pounds) to cover the administration costs involved in providing you with a copy of your personal information.
5. Online Interactive Facilities
5.1 If at any time the Site offers any chat functionality, notice board facilities, forums, newsgroups etc. ("Online Interactive Facilities") we may collect the personal information that you disclose. Such personal information will be used in accordance with this Policy. Please note that we cannot be responsible for other parties' use of the personal information which you make available to such third parties through any Online Interactive Facilities on the Site. Please be careful about what personal information you disclose in this way.
5.2 If you post or send offensive, inappropriate, illegal or objectionable content while you are in any of our Online Interactive Facilities, we may use your personal information to stop such behaviour, and where we believe that you are, or may be, in breach of any applicable laws, we may use your personal information to inform the police or requisite law enforcement agencies.
6. Manheim's use of Cookies
The law on cookies changed in May 2011. Under the revised regulations, the requirement is not just to provide clear information about the cookies but also to obtain consent from users or subscribers to store a cookie on their device. It has been designed to protect online privacy by making consumers aware of how personal information about them is collected by websites, and enabling them to choose whether or not they want it to happen. Please read on for more information.
6.1 What is a cookie? A cookie is a small piece of data that is sent from our web server to your browser, which is saved on the hard drive of your computer, smartphone or other device ("your device").
A cookie cannot:
You can change your browser settings to refuse cookies or alert you when a cookie is being sent at any time. If you do choose not to accept cookies, some features of the Site may not work as intended (e.g. services accessed while logged in, customised areas of the Site). We do not use cookies to identify you personally, except when you opt to use the 'Remember me' facility when logging in.
There are two broad classes of cookie: session and permanent.
Session cookies
These are used to keep track of information needed by a user and their browser on their journey through a website. Session cookies have a short lifetime and expire within a few minutes of the user leaving the site. Occasionally we will use 30 Day cookies which are similar to Session cookies but last a bit longer. They remember basic date to help improve the service you receive from us (for example, remembering vehicles that you have viewed in the last 30 days).
Permanent Cookies
These are stored on your computer and are not deleted when the browser is closed. This is so they can retain your preferences for a particular website, allowing those preferences to be used in future browsing sessions.
Permanent cookies can be used to analyse users' surfing behaviour within the Site, so that we can improve our services and allows us to prioritise our enhancements to the Site.
6.2 We use cookies to:
We also use some cookies from trusted third party sources to enable us to provide you with certain features on the Site, for example our live chat facility which uses cookies to enable the chat software to work.
When you access the Site you will receive a message advising you that if you continue to use the Site, you are consenting to cookies being placed on your device in order to maximise your experience on the Site and allow us to make improvements
Removing some of our cookies may seriously disrupt your use of the Site. You can always come back to this Privacy Policy at any time to find out how to change your preferences. You will find a link to this policy at the bottom of all of our web pages.
Information is collected by reference to the IP address that you are using and includes information about the county and city you are in, together with the name of your internet service provider. The information is sometimes used to place interest-based advertisements on the Site which it is believed will be relevant to your market segment. For more information about this type of interest based advertising, and about how to turn this feature off please visit www.youronlinechoices.com/uk/ .
Most web browsers automatically accept cookies but, if you prefer, you can change your browser to prevent that or to notify you each time a cookie is set. Visiting www.allaboutcookies.org will provide information on settings within your browser as well as other useful information on cookies. Please note however, that by blocking or deleting cookies used on the Site you may not be able to take full advantage of the Site if you do so.
6.3 How do I disable cookies? You can change your browser settings to refuse cookies or alert you when a cookie is being sent at any time.
Further guidance on how to control and delete cookies can be found at http://www.allaboutcookies.org. Please note that removing some of our cookies may seriously disrupt your use of the Site and some features may not work as intended.
We do use some cookies from trusted third party sources to enable us to provide you with certain features on the Site and have included any relevant third parties on our cookie list so that you can control the cookies they place more easily:
a 120-bit random number that is represented by a 20-character string
ASP.NET session ID
at end of browser session
a random 32 hexadecimal digits string
Used for protection against CSRF attacks
at end of browser session
If an end-user has agreed with the cookies policy then this flag is set to 'accepted'
1 year
encrypted sequence containing user access ticket
User authentication ticket - is created once user has successfully logged in
at end of browser session
Sitecore Analytics
To identify repeat visits from a single user, Sitecore sends a persistent session cookie to the web client. The name of the persistent session cookie is SC_ANALYTICS_GLOBAL_COOKIE.
one year after the last page requested from the solution by the web client
one year after the last page requested from the solution by the web client
To identify a sequence of HTTP requests from a single user, Sitecore sends an Engagement Analytics session cookie to the web client. The name of the session cookie is SC_ANALYTICS_SESSION_COOKIE. The value of the analytics session cookie before the first pipe character ("|") matches a value in the Visited column of the Visits table to identify an analytics visit record in the Analytics database.
when you close your browser
at end of browser session
Sitecore Backend - not populated for front-end users
3 months
at end of browser session
language code
at end of browser session
3 months
at end of browser session
encrypted sequence containing user access ticket
at end of browser session
Type and Duration
Used to distinguish users.
2 years
Used to throttle request rate.
10 minutes
Used to distinguish users and sessions. The cookie is created when the javascript library executes and no existing __utma cookies exists. The cookie is updated every time data is sent to Google Analytics.
2 years from set/update
Used to throttle request rate.
10 minutes
Used to determine new sessions/visits. The cookie is created when the javascript library executes and no existing __utmb cookies exists. The cookie is updated every time data is sent to Google Analytics.
30 mins from set/update
Not used in ga.js. Set for interoperability with urchin.js. Historically, this cookie operated in conjunction with the __utmb cookie to determine whether the user was in a new session/visit.
End of browser session
Stores the traffic source or campaign that explains how the user reached your site. The cookie is created when the javascript library executes and is updated every time data is sent to Google Analytics.
6 months from set/update
Used to store visitor-level custom variable data. This cookie is created when a developer uses the setCustomVar method with a visitor level custom variable. This cookie was also used for the deprecated _setVar method. The cookie is updated every time data is sent to Google Analytics.
2 years from set/update
Visitor Cookie: The visitor cookie includes the name "visitor_id" plus the unique identifier for your account,
10 years.
The persistent cookie named "pi_opt_in" is what we use to stay in compliance with the "Do Not Track" initiative
10 years.
Live Advisor
Live Advisor
This is used by the software to determine whether a visitor has been on the site before, for the purpose of identifying returning visitors (a visitor that deletes their cookies after a visit will not show as a returning visitor in live advisor).
The cookie does not store any specific visitor or visit information, as that is stored in the Live Advisor database.
5 years
This cookie is created when user selects one of options on the cookie bar; Continue or Disabled. It is an identifier whether user is allowing to use cookie or not.
1 year
We store this cookie to store user information securely by using standard cryptographic mechanism. We store information in cookie in order to set remember me and time out functionality
6.4 What about Hyperlinks? The Site may sometimes contain hyperlinks to websites owned and operated by third parties. These third party websites have their own privacy policies, including cookies and we urge you to review them. They will govern the use of any personal information you submit or which is collected by cookies whilst visiting these websites. We do not accept any responsibility or liability for the privacy practices of such third party websites and your use of such third party websites is at your own risk.
6.5 What about Flash Cookies? A Flash Cookie is a type of cookie which is collected via Adobe Flash Player, and is a piece of software which you probably have on your device to watch videos or podcasts online. We may use Adobe Flash Player to display video or image content. It may not be possible to block or restrict or block Flash Cookies using your browser settings, however, information on how to control flash play privacy and security settings is available from the Adobe website at: http://www.adobe.com/products/flashplayer/security
6.6 Who do I contact about Cookies? If you have any questions about our use of Cookies, please contact us at email@example.com
7. Use of your personal information submitted to other websites
7.1 We cannot be responsible for the privacy policies and practices of other websites even if you accessed the third party website using links from the Site or you linked to the Site from a third party website.
7.2 We recommend that you check the policy of each website you visit and contact the owner or operator of such website if you have any concerns or questions.
8. Changes to this Policy
8.1 If we need to change our Policy at some point in the future to reflect our data collection and disclosure practices we'll post the changes at least 30 days before they take effect. Our use of personal information gathered while the current policy is in effect will always be consistent with the current policy, even if we change that policy later.