- July 7, 2020
- Not categorized
- Posted by Website Administator
UPDATED April 2021
This agreement is entered into on the date of acceptance by and between Adcock Brothers Inc, located at 14 Anthony Drive, Manheim PA 17545 and you (“Client”) located at the address of record provided through use of the Manheim Auction Access number of the Registration form.
Adcock Brothers Inc provides re-marketing services related to the wholesale vehicle auction process and Client is a licensed motor vehicle dealer, vehicle wholesaler or commercial vehicle fleet owner. On and subject to the terms and conditions of this Agreement, Client desires Adcock Brothers Inc to act as Client’s service agent in assisting Client in Client’s sale of its vehicles at Manheim Auto Auction.
In consideration of the mutual promises in this Agreement and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:
Fees and Charges.
Client agrees to pay Adcock Brothers Inc the Auction re-marketing fee or any High-line or Specialty Auction (“Fee”). This fee is only charged for vehicles that sell on the day of auction through In-Lane or Digital means associated with Manheim Auction Auctions. Vehicles sold through third party systems or OVE prior to the run date with Adcock Brothers will be charged a $50 processing fee.
Client agrees to pay Adcock Brothers Inc any/all vehicle Reconditioning fees (“Recon Fees”) ranging from $70-$185 depending on the level of reconditioning needed for the vehicle to meet the standards set forth by Adcock Brothers Inc for running at Manheim Auto Auction in the Adcock Brothers lanes.
If additional reconditioning, PDR, or Paint/Body work is required/suggested you will receive electronic communication requesting the additional work on the unit to approve before any work is done.
Client agrees to pay Adcock Brothers Inc a wipe down fee each day the auto is driven through the auction lane. This service is charged one time per auction run.
Should the vehicle not sell on the auction day by in-lane or electronic means, the car can be re-run up to 3 times and will be charged a re-run fee. We encourage you to work with our staff to set your Floor price based off market standards to ensure a sale on the first run and avoid these additional fees.
All auction fees, transportation fees, additional charges incurred at the auction, and associated taxes related to a vehicle (“Expenses”) are the sole responsibility of the Client and will be billed directly by the auction. Client will directly pay Adcock Brothers Inc the Fees and Charges owes as well as any Recon Fees assessed on the vehicle.
Vehicle Titles. Client represents and warrants that it has a clear vehicle title to each vehicle for which Client requests Services under this Agreement. Clients should provide any/all titles 24 hours prior to the auction date to Adcock Brothers Inc. If the title is unavailable 24 hours prior to the auction run date it is the Client’s responsibility to provide the titles to the auction and the car will be ran through the auction as Title absent with auction fees assessed unless the seller provides the title to the title department on the day of sale, in person, at the title counter of Manheim Pa.
Payments. Adcock Brothers is not responsible for any payments from Manheim Auto Auctions. Manheim Auto Auctions uses a direct pay ACH electronic payment system and it is the Clients responsibility to ensure your account is set up with Manheim Auto Auction to accept this ACH payment for sold vehicles. Clients may request a check directly from Manheim Auto Auctions but it is required that the Client be present at Manheim Auto Auctions to access the check directly.
Indemnification/Limitation of Liability. Each party shall indemnify and hold the other party and its respective employees and agents harmless from and against any and all third party claims, losses, liabilities and damages of any kind (including reasonable attorney’s fees) resulting from or based on any negligent act or omission committed by such party, or its employees or agents related to their performance under this Agreement. In no event shall either party be liable for consequential, special, indirect or incidental damages.
Execution. This Agreement may be executed by electronic acceptance and such acceptance shall constitute the party’s execution of the Agreement and legally bind the party accepting by electronic means. The parties agree that the records of electronic acceptance maintained by Adcock Brothers Inc are conclusive proof of execution.
Vehicle Eligibility. Seven model years or newer with less than 100,000 miles. No dealer tags, stickers, dealer markings, etc., present on the vehicle. No prior lemon law vehicles. Exceptions are at the discretion of the Adcock Brothers Inc Vehicle Re-marketing Manager
Arbitration. Clients must disclose any known defects for each vehicle, including frame damage (as defined by NAAA Frame Policy), missing or inoperable parts, and mechanical defects. Failure to describe vehicles properly may result in suspension of program privileges.
Registering you units with this online system constitutes acceptance to these terms.