BMW Group Financial Services (“BMWFS”) utilizes the Manheim Canada Auction Direct website, provided by Cox Automotive Canada Company o/a Manheim Canada ("Manheim Canada") to offer vehicles for sale at auction. Access to these auction sales is restricted to authorized BMW Group Retailers in Canada (each, a “Retailer” and collectively, the “Retailers”). BMWFS is represented by the BMW Group Canada Remarketing Department in the operation of the Auction Direct website (the “Site”).
Any violation of these Terms may result in revoked access to the Site by a Retailer and/or its users, and/or the voiding or canceling of any Vehicle purchase or other transaction that occurred on or through the Site, at the sole discretion of BMWFS.
- Dealer Account. All Retailer users of the Site must apply for, and be granted, their own individually named and dedicated user account by Manheim Canada. 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 Canada participates in the AuctionACCESS® registration system, and the AuctionACCESS number and other registration information assigned to your Retailer during the AuctionACCESS registration process will be linked to the Retailer’s account and used for purchases made by the Retailer and its users on the Site. You are responsible for protecting your username and password and your Retailer 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 Retailer in the AuctionACCESS system). Sharing of user accounts for any reason whatsoever is strictly forbidden. Manheim Canada and BMW Group Canada Remarketing must be informed of all Retailer users, and of any changes to authorized users. Retailers are responsible for ensuring that only authorized Retailer personnel who are directly employed by the Retailer have access to the system. The Retailer unconditionally guarantees all purchases and other transactions made or initiated using any of its user accounts on the Site.
- Accuracy of Information.You certify that all registration and representative information you have provided to us, via AuctionACCESS and otherwise, is true, correct, and complete. You agree to promptly update your information via AuctionACCESS if there is any change to the information you have provided.
- 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 BMW FS. 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.
- 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 a Carfax vehicle history report ("VHR"). AutoGrade Condition Scores, and VHRs are issued and provided by third parties. BMW FS and Manheim Canada make no representation, warranty or guarantee 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 in writing immediately, before you take possession of the vehicle. BMW FS may not announce every vehicle as having been part Inspected as per Transport Canada guidelines and/or individual provincial regulator guidelines but makes every effort to repair such vehicles prior to listing them for sale on the Site. All buyers have a responsibility to confirm any licensing fees and other applicable fees currently due prior to bidding and will be responsible for payment of all such costs and/or outstanding fees owed to Manheim Canada.
- Vehicle Arbitration. All vehicles grounded in Auction Direct must be in the condition as depicted in the grounding inspection within the grounding process. Any issues or disputes involving a Vehicle purchased on the Site will be resolved exclusively through the arbitration process established and administered by BMW FS (with the assistance and support of Manheim Canada). The NAAA Arbitration Policy is used by BMW FS as a general guideline for vehicle arbitrations, but BMW FS reserves the right to establish its own arbitration process and policies and to make all arbitration decisions, which shall be final. No vehicle exceeding 100 kilometers from the time of purchase may be arbitrated.
- Vehicle Transportation; Risk of Loss. You are responsible for the transportation of any Vehicle purchased on the Site. Vehicles must be picked up by the Retailer or its designated transport agent or other representative by no later than the fifth (5th) day following the date of sale (the "Vehicle Pick Up Deadline"). If a Vehicle is not picked up by such date, Manheim Canada reserves the right to (a) cancel the transaction; (b) arrange for the transport and delivery of the Vehicle using a carrier of Manheim Canada’s choosing (at the Retailer’s expense); (c) suspend your account or buying privileges on the Site; and/or (d) assess the Retailer a daily storage fee for the Vehicle, not to exceed $25.00 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 (“Transportation Claim”), regardless of whether Manheim Canada may have provided assistance or support in arranging for the transport or delivery of the Vehicle. You acknowledge and agree that your only recourse or remedy for Transportation Claims, if any, shall be to and against the third-party carrier, its insurer, your own insurer, or the third-party that caused the alleged damage, and not to, against, or involving us. You must present your gate release documentation when picking up your Vehicle.
- Off-Site Vehicles. For any Vehicle(s) physically located away from an auction facility when auctioned online, the buyer must present to the off-site grounding Retailer, or other storage facility, the proper gate release documentation issued by BMW FS and/or Manheim Canada. It is the responsibility of the off-site location or storage facility, acting as agent for BMW FS, to verify the authenticity of the buyer’s gate release documentation before releasing the Vehicle(s) by comparing it to the gate release documentation provided directly to the off-site Retailer by BMW FS and/or Manheim Canada. Should the Retailer use an offsite storage facility for vehicles purchased through Auction Direct, all such offsite storage locations must be disclosed to BMW Group Canada Remarketing.
- Buyer/Retailer Acknowledgments. You acknowledge and agree that:
a. Manheim Canada is merely performing a service on behalf of BMW FS, and that Manheim Canada makes no representation, warranty or guarantee or any kind or nature with respect to any Vehicle (including any odometer reading or any related odometer statement or certification) or any transaction that takes place on or through the Site, or regarding the availability or functionality of the Site (and all such representations, warranties and guaranties are expressly disclaimed by Manheim Canada).
b. BMW FS and Manheim Canada retain the right to cease doing business with you (or any of your agents or representatives) or with any other dealer at any time and for any reason and may discontinue the Site or your ability to purchase Vehicles or continuing using the Site at any time and for any reason.
c. By purchasing a Vehicle on the Site, you are certifying to BMW FS and Manheim Canada that the Vehicle is being purchased for resale in the ordinary course of your business, and that you hold all necessary federal and provincial, as applicable, sales tax exemption certificates and similar documents required by the governing laws of your jurisdiction.
d. You will undertake best efforts to market and resell all Vehicles, including, but not limited to, registering the Vehicle in pre-owned inventory, reconditioning as required, and creating/posting a retail listing visible on various websites, including the Retailer’s website and on the bmw.ca / mini.ca website.
e. All Vehicles are Canadian-spec vehicles, intended to be sold to end-users/customers in Canada directly by authorized BMW Group Retailers in Canada. Vehicles cannot be for the purpose of intentional wholesale. Accordingly, vehicles purchased in Auction Direct cannot be re-sold to any other reseller, wholesale intermediary, or posted for auction for sixty (60) days from the date of purchase. Any exception to this condition must be requested and approved in writing by BMW Group Canada Remarketing. In addition, no Vehicle may be sold to the original lessee.
f. BMW Group Canada Remarketing has the right to audit you to ensure compliance with these rules.