Terms and Conditions

Part Exchange Business Rules (Beta Phase) (“Rules”)

Version for Advertisers on the Deal Builder Beta Phase from 27 June 2023

The Part Exchange Service (as part of the Deal Builder product) allows Advertisers to benefit from being able to offer part-exchange valuations for consumers on the Auto Trader Platforms.

The Part Exchange service is provided (as part of the Deal Builder product) subject to the Main Advertising Terms & Conditions (which are incorporated into these Rules by reference). It is available during the Deal Builder Beta Phase for use by selected Advertisers (excluding Excluded Advertisers) who have an Advertising Agreement in place with Auto Trader and who have received an invitation from Auto Trader.

Terms defined in the Main Advertising Terms & Conditions shall have the same meaning in these Rules provided that, should a term be defined in both the Main Advertising Terms & Conditions and these Rules, the meaning of the term defined in these Rules shall have precedence in relation to the Rules.

  1. Definitions

    1. “Appraisal Questionnaire” means the online questionnaire which (where the Consumer chooses to obtain a Part Exchange Valuation as part of their Deal) is to be completed by the Consumer to provide the Banding of the Permitted Vehicle for the purposes of generating a Part Exchange Valuation;

    2. “Assumptions” means the following assumptions in relation to a Permitted Vehicle, which will be considered (amongst other things) in generating a Part Exchange Valuation;

      1. the Permitted Vehicle has not been used by the emergency services, used as a taxi, used by a driving school, or used as a lease vehicle;
      2. the Permitted Vehicle has not been categorised by insurers as a category S (formally category C, structurally damaged repairable) and/or category N (formally category D, non-structurally damaged repairable);
      3. the Permitted Vehicle has not been used by the emergency services, used as a taxi, used by a driving school, or used as a lease vehicle;
      4. any and all safety recalls applicable to the Permitted Vehicle have been dealt with in accordance with manufacturer instructions and, where required, any defect(s) fully remedied;
      5. where the Permitted Vehicle has a personalised registration number plate, the Consumer has all rights, title, and interest to sell that registration plate; and
      6. the Permitted Vehicle has an accurate mileage reading;
    3. "Banding" means the banding of the Permitted Vehicle as either Poor, Fair, Good, Great or Excellent, which shall be assessed based on the Consumer’s responses to the Appraisal Questionnaire (as such may be subsequently amended by the Advertiser in accordance with these Rules);
    4. "Beta Phase" means the period during which the Deal Builder product is being made available to selected Advertisers whilst Auto Trader tests and develops the Deal Builder product (such period to be as determined by Auto Trader);
    5. “Consumer” means a user of the Auto Trader Platform who is interested in making an Deal in relation to a Vehicle advertised by the Advertiser;
    6. “Consumer Personal Data” means Personal Data relating to a Consumer;
    7. “Deal” means a Consumer’s online order and reservation for a Vehicle, which may include other optional elements including a Part Exchange Valuation, which is made using the Deal Builder product;
    8. “Deal Builder” means the Auto Trader product which is being trialled during the Beta Phase, which allows selected Advertisers to benefit from being able to offer Consumers the ability to make an online order and reservations for a Vehicle, and the ability to add in other optional elements including a Part Exchange Valuation, via the Advertiser’s Adverts on the Auto Trader platform;
    9. “Deal Notification” means the email notification sent to the Advertiser when a Consumer completes a Deal in respect of a Vehicle;
    10. “Excluded Advertiser” means an Advertiser who Auto Trader have determined shall not be eligible for the Deal Builder product due to previous acts or omissions, including (without limitation) the Excluded Advertiser having bad debt with Auto Trader, being the subject of complaints from consumers, or having breached (or be suspected to have breached) these Rules and/or the Main Advertising Terms & Conditions;
    11. "Order Variation” means the email order variation entered into between Auto Trader and the Advertiser, which sets out the terms of the Advertiser’s participation in the Deal Builder Beta Trial and varies the terms of their Advertisement Agreement to include the same;
    12. "Outstanding Finance” means, in relation to the Permitted Vehicle, any outstanding finance and/or ‘logbook’ loan arranged with a third party;
    13. "Part Exchange Valuation” means the estimated part exchange valuation of a Permitted Vehicle that Auto Trader will provide to a Consumer as part of a Deal (or to an Advertiser in accordance with clause 4.1.3(i) or (ii)), subject to the Assumptions and the Appraisal Questionnaire having been completed by the Consumer (and which may only be varied by the Advertiser in accordance with clause 4.1.3(i) or (ii));
    14. "Part Exchange Valuation Service” means the element of Deal Builder which (at the Consumer’s option) enables a Consumer to get a part exchange valuation of a Permitted Vehicle following completion of the Appraisal Questionnaire by the Consumer, and, if they wish, to off-set the part exchange valuation against the cost of purchasing the Vehicle as part of a Deal;

    15. "Permitted Vehicle” means (where applicable) the Consumer’s existing vehicle that the Consumer wishes to obtain a Part Exchange Valuation in respect of, which must be a car with a VRM which is registered with the DVLA, and which must comply with each of the following criteria (otherwise it shall not be valid for a Part Exchange Valuation):

      1. it is not a van, bike, or any other non-car vehicle;
      2. it has a valuation of £50,000 or less;
      3. it is of an age of 15 years and 6 months or less;
      4. it has a mileage of 150,000 miles or less;
      5. it does not fall within certain prestige brands and models of vehicle which Auto Trader deem to be unsuitable for a Part Exchange Valuation;
      6. it has not been re-registered, imported and/or registered outside of the United Kingdom and it is not a left-hand drive;
      7. it has not been categorised by insurers as a category A (scrap) or category B (break);
      8. it has not been stolen and recovered; and
      9. it has its true and proper registration mark and chassis number and/or vehicle identification number and which corresponds to the car’s registration documents.

        10. In addition to the above, in some cases, Auto Trader may not be able to provide a Part Exchange Valuation where the Permitted Vehicle is an unusual model, has a personalised number plate or was only recently registered;

    16. “Seller Promise” means Auto Trader's Seller Promise product, which is subject to the Seller Promise Business Rules;
    17. “Vehicle” means the vehicle advertised by the Advertiser, which is the subject of an Deal; and
    18. “VRM” means a vehicle registration mark.

  2. Eligibility and Sign up

    1. The Part Exchange service (as part of the Deal Builder product) allows an Advertiser to benefit from being able to offer Consumers (via its Adverts on the Auto Trader Platforms) the option to obtain a Part Exchange Valuation for their Permitted Vehicle and, if they wish (and subject to these Terms), to off-set the Part Exchange Valuation against the cost of purchasing the Vehicle as part of a Deal.
    2. The Part Exchange service (as part of the Deal Builder product) is provided subject to these Rules and is available the Beta Phase for use by selected Advertisers (excluding Excluded Advertisers) who meet the criteria in clause 2.3 below. For the avoidance of doubt, the Part Exchange service (as part of the Deal Builder product) is not available to private advertisers or ‘pay as you go’ advertisers.

    3. The Part Exchange service (as part of the Deal Builder product) is only available to Advertisers who:

      1. have an Advertising Agreement in place with Auto Trader and who have received an invitation from Auto Trader to take part in the Deal Builder Beta Phase;
      2. comply with these Rules and the terms of the Main Advertising Terms and Conditions and the terms set out (or referred to) in the Order Variation at all times; and
      3. comply with the Seller Promise Business Rules at all times.
    4. The Part Exchange service (as part of the Deal Builder product) is currently only available for the Beta Phase. At the end of the Beta Phase, if Auto Trader wishes to continue to provide the Part Exchange service as part of Deal Builder to Advertisers as a formal Product (which shall be determined at Auto Trader’s sole discretion), it shall notify Advertisers accordingly and such Advertisers may be required to agree to a new set of Rules for the provision and use of such Product.
    5. The Advertiser shall not use the Part Exchange service or the Deal Builder product for the benefit of any third party other than the Advertiser.
    6. The Part Exchange service (as part of the Deal Builder product) is currently provided at no extra cost during the Beta Phase. However, Auto Trader reserves the right to charge for this Product at some point in the future (including during the Beta Phase) but will only do so on the basis that Advertisers have been provided with notice of any price changes in accordance with our Main Advertising Terms & Conditions.

  3. ADVERTISER OBLIGATIONS

    1. Where an Deal includes a Part Exchange Valuation, the Advertiser shall:

      1. following receipt of the Deal Notification, contact the Consumer and arrange to inspect the Permitted Vehicle (either in-person, online or over the telephone, at your option) within 7 days of the Deal being completed (after which date the Part Exchange Valuation will expire);
      2. carefully inspect the Permitted Vehicle (either in-person, online or over the telephone, at your option), request any necessary further information from the Consumer and carry out all other usual due diligence that the Advertiser would carry out in the normal course of its business before purchasing a Vehicle as part of a part exchange transaction, including (without limitation) to check that the Banding accurately reflects the condition of the Permitted Vehicle, that all the Assumptions are correct and to find out whether there is any Outstanding Finance and, if so, the amount;

      3. act reasonably and in good faith in carrying out such inspection referred to above and:

        1. if the Banding accurately reflects the condition of the Permitted Vehicle in all respects and all Assumptions are accurate in respect of the car, the Advertiser shall honour at least the Part Exchange Valuation (or, at the Advertiser’s option, shall increase the Part Exchange Valuation where appropriate, using the offer functionality in Portal) and apply such Part Exchange Valuation (or increased Part Exchange Valuation, in accordance with this clause) in full to a part-exchange transaction with the Consumer; or
        2. if the Banding does not accurately reflect the condition of the Permitted Vehicle in all respects, and/or any Assumptions are inaccurate in respect of the car (such that the actual valuation of the Permitted Vehicle is less than the Part Exchange Valuation), the Advertiser shall either amend the Banding accordingly in Portal to generate a new Part Exchange Valuation for the Permitted Vehicle or withdraw the Part Exchange Valuation completely if the Advertiser does not (acting reasonably) wish to proceed to purchase the Permitted Vehicle; or
        3. if the Outstanding Finance sum is more than the Part Exchange Valuation, the Advertiser will have the right to withdraw the Part Exchange Valuation completely if the Advertiser (acting reasonably) does not wish to proceed to purchase the Permitted Vehicle.

    2. The Advertiser shall

      1. promptly action and progress all Deals (including any part exchange element) with reasonable care and skill;
      2. use Portal to notify Auto Trader of the status of all Deals, including whether a part exchange was completed and the final part exchange value;
      3. provide Auto Trader with continuous feedback on Deals and report to Auto Trader weekly identifying all Deals generated and sales of Vehicles made (including any part exchange transactions);
      4. ensure that all the Advertiser’s employees who are involved in utilising the Deal Builder product are properly trained and monitored, possess the relevant knowledge to be able to respond to requests, queries and complaints and provide services to Consumers in connection with the Deal Builder product (including any part exchange element) in a professional manner;
      5. comply with Auto Trader’s Online Orders Terms and Conditions, to the extent that they apply to the Advertiser, and not do anything to put Auto Trader in breach of those terms;
      6. not make any representations, statements and/or warranties on behalf or Auto Trader or seek to bind Auto Trader in any manner;
      7. co-operate with Auto Trader for the purposes of producing case studies and testimonials for the Deal Builder product (including the Part Exchange service) in future; and
      8. not seek to contact the Consumer after a Consumer has cancelled a Deal for any marketing or sales purposes (including in relation to any potential part exchange transaction).

  4. AUTO TRADER’S RIGHT TO CANCEL THE DEAL BUILDER PRODUCT

    1. Auto Trader may suspend or terminate the Deal Builder product (and the Part Exchange service that forms part of the Deal Builder product) for an Advertiser if:

      1. Auto Trader has good reason to suspect, or becomes aware of, any breach by the Advertiser of these Rules, the Seller Promise Business Rules, or the Main Advertising Terms & Conditions;
      2. the Advertiser no longer meets the eligibility criteria in clause 2.3; and/or
      3. Auto Trader becomes aware that the Advertiser has, on repeated or numerous occasions, failed to honour the Part Exchange Valuation (other than in the circumstances described in clauses 3.1.3 (ii) or 3.1.3(iii)), or has otherwise acted in bad faith, in respect of a part exchange transaction connected to a Deal.
    2. Auto Trader shall be entitled to monitor (and to inspect, audit and take copies of relevant records, and other documents as necessary, to verify) the Advertiser’s use of the Part Exchange service and wider Deal Builder product and the Advertiser’s compliance with its obligations as set out in these Rules, including in relation to part exchange transactions. Auto Trader may suspend an Advertiser’s use of the Deal Builder product (and the Part Exchange service that forms part of the Deal Builder product) in the event that any practices appear to be outside of the normal course of use of the Part Exchange service and/or the Deal Builder product. If Auto Trader reasonably considers that the Advertiser has breached any of these Rules, clause 8.2 shall apply.

  5. Liability, Indemnity and Availability

    1. The Advertiser shall indemnify and keep Auto Trader fully indemnified against all claims, costs, proceedings, demands, losses, damages, expenses, or liability whatsoever arising out of or in connection with any Consumer complaints or claims brought against Auto Trader in respect of any subsequent reduction in the Part Exchange Valuation following a Deal, and/or any subsequent transaction between the Consumer and Advertiser for the purchase by the Advertiser of any Permitted Vehicle.
    2. The Advertiser acknowledges that it is solely responsible for carrying out checks in respect of the Permitted Vehicle to ensure that the Banding given for the purposes of the Part Exchange Valuation accurately describes the condition of the applicable Permitted Vehicle in all respects and that the Assumptions are all correct (along with all other due diligence that the Advertiser would usually carry out in the normal course of its business). Auto Trader shall not be liable for any loss suffered by the Advertiser, if the Banding does not accurately describe the condition of the Permitted Vehicle in all respects and/or that any of the Assumptions are incorrect.
    3. Part Exchange Valuations are based upon data which is provided by the Consumer, the accuracy and/or completeness of which it would not be possible and/or economically viable for Auto Trader to guarantee. Auto Trader shall not have any liability for any inaccuracy, incompleteness or other error in the Appraisal Questionnaire, Banding and/or Part Exchange Valuations which arises as a result of: (i) data provided by a Consumer; or (ii) any failure of Deal Builder to achieve any particular result for the Advertiser.
    4. Auto Trader does not warrant that the use of the Part Exchange service and/or the Deal Builder product will be uninterrupted or error-free. The Advertiser acknowledges that Auto Trader cannot guarantee that the Part Exchange service, the Deal Builder product and/or the Auto Trader Platforms will be continuously available. For the avoidance of doubt, Auto Trader shall have no liability, and no refunds or credits shall be offered, to any Advertiser (including in respect of where alternative services have been sourced by Advertisers from a third party) in respect of interruptions to the Part Exchange service, Deal Builder product and/or the Auto Trader Platforms arising as a result of maintenance and/or repair work and/or due to circumstances outside of Auto Trader’s reasonable control.
    5. The Part Exchange service and the Deal Builder product is provided to Advertisers on an ‘as is’ basis. The Part Exchange Valuation and Auto Trader’s services generally are not intended to be used as the sole basis for any business decision, nor to relieve the Advertiser of its obligation to comply with its own obligations under applicable law.
    6. Auto Trader makes no guarantees that any Part Exchange Valuation will lead to a part exchange transaction in respect of any Permitted Vehicle or that any Deals will lead to sales of Vehicles or any particular increase in sales or lead generation
    7. Without prejudice to the generality of the foregoing or the limitations of liability set out in the Main Advertising Terms and Conditions which also apply to these Rules, the Advertiser assumes sole responsibility for any action taken as a result of a Deal and/or any Part Exchange Valuation obtained from the use of the Deal Builder product, and for conclusions drawn from such use. Auto Trader shall have no liability for any damage caused to the Advertiser by its use of the Deal Builder product, and/or any errors or omissions in any information provided by the Advertiser or the Consumer, or any failure by the Advertiser to carry out appropriate due diligence, in connection with the Part Exchange Valuations.

  6. Queries and complaints

    1. Advertisers should notify Auto Trader of any complaints from Consumers which relate to the Part Exchange service.
    2. Advertisers shall deal with any complaints as soon as possible (and in any event within 24 hours) and in a responsible and transparent way. Advertisers shall assist Auto Trader with any complaints raised with Auto Trader.
    3. Advertisers shall allow Auto Trader reasonable time to investigate issues directed to them relating to the Part Exchange service.

  7. General

    1. The design and format of the Part Exchange service, the Deal Builder product and any related assets on the full-page Adverts, shall be determined by Auto Trader and may be amended by Auto Trader at any time at Auto Trader’s sole discretion.
    2. In the event of a breach of these Rules by any Advertiser, such breach shall be deemed a breach of the Main Advertising Terms and Conditions and Auto Trader be entitled to such rights and remedies available to it thereunder.
    3. During the Beta Phase, on the basis that the Part Exchange product and the Deal Builder product are being tested as a concept and may be subject to change without notice, each of the Advertiser and Auto Trader may terminate an Advertiser’s use of Deal Builder on 7 days’ notice. Advertisers acknowledge that it may take up to a further 7 days for Auto Trader to remove the Deal Builder product from the Advertiser’s Package following receipt of such notice.
    4. Auto Trader reserves the right to amend, modify, remove and/or extend the Part Exchange service and/or Deal Builder product at any point with immediate effect.