Particular Conditions

The purpose of the present Special Dealer Subscription Terms and Conditions is to present the Website and Subscription operations for placing advertisements. Moreover, it defines the rules for classifying Advertisements, the possible content thereof, rates applicable thereto, and the promotional options therefor. 

The www.used.manitou.com website,

The goal of the present Special Terms and Conditions is to present the details regarding the commitments of each Party hereto. Acceptation hereof implies that the Subscriber has previously accepted the General Terms and Conditions for Using the Website and the Registration and Subscription General Terms and Conditions for the www.used.manitou.com website, which the Subscriber hereby acknowledges

Dealers shall have the opportunity to place advertisements for the sale of used equipment after validating a username and password by the local administrator for the www.used.manitou.com website.

1. In order to place an Advertisement, dealers must previously have purchased credits online. The Purchase Prices shall be published in the “www.used.manitou.com Website Pricing” document appended hereto. 

The value of one credit shall equal the online publication of one machine for 30 calendar days. Credits shall be automatically debited from the User’s account at the beginning of each new period until the Advertisement is withdrawn or the available credits are depleted.

Credit depletion shall cause the Advertisement’s removal from the site.

Submission:

• The Subscriber shall submit an Advertisement by filling-out and validating a form provided on the Internet Site (“add a machine” or “add several machines”). Validating the form shall cause it to be immediately taken into account. 

• Submitted Advertisements shall be taken into account upon validation of the form. The Advertisement may be modified or deleted at any time by the dealer or the site administrator. 

• As Advertisements are taken into account upon validation of the form, Subscribers are reminded that there is no right of retraction. The Advertisement may be deleted but shall not, under any circumstances, be reimbursed. 

• Should the Equipment be sold during the publication period, the Subscriber shall directly remove the Advertisement. 

2. Drafting a Advertisement for Online Publication

a) Manitou shall provide a simple coding module in order to standardize Advertisement presentation on the Website and provide coherent reading for visitors.

Equipment must be coded in the correct categories (e.g. an MRT must be listed as a rotating telehandler and not as a telehandler)

b) An Advertisement submitted to the Manitou website shall ONLY concern:

- Used Equipment related to Manitou’s customers’ activities. Equipment shall be deemed “used” if it has already been commissioned and indicates at least 150 hours of use.

- Equipment sold individually (no machine lots)

- complete Equipment and not spare parts

c) The Advertisement may be embellished with photos: the coding module provides for attaching groups of up to 30 photos per Advertisement with a single click (photos are automatically compressed to limit uploading time). Any photo attached to the Advertisement must present the equipment described and only that equipment. Advertisers may only offer the presentation of photos for which they hold the copyright or a license. Manitou BF shall not, under any circumstances, be held liable for verifying the reality or existence of such rights held by Advertisers.

Reminder: an Advertisement with a photo is viewed 7 times more than an Advertisement without a Photo. Photos of new equipment taken from the manufacturer’s brochures or Internet sites are STRICTLY prohibited. Please note that the site administrator shall have the right to refuse publication of a photo for any reason whatsoever. 

d) Sales price indication: the site provides for indicating two sales price levels

- A sales price viewable by end-clients (visible on the public site).

- A reseller sales price viewable only by other dealers who subscribe to the Website.

e) An Internet link to the Dealer’s website shall be defined in the machine’s descriptive sheet including the Dealer’s contact information. Conversely, links in Advertisements are prohibited.

f) Dealers who subscribe to the www.used.manitou.com website shall benefit from online promotion via: the “my preferred dealer” function, the presence of their contact information on the interactive card on the home page and on the site’s “dealers” page.

Manitou shall, from time to time, promote the site during trade shows and fairs as well as on its Internet site....

An Advertisement that does not comply with the criteria defined in the General Terms and Conditions for Using the Website may be withdrawn by the administrator without prior notice. For each country, Manitou shall appoint a local administrator to manage accounts and site Advertisements. 

In your country, the administrator may be contacted on used@manitou.com or +32 81 65 42 30

The Manitou website offers a 4-level equipment status classification in the form of ratings. This takes the form of a commitment by the Manitou brand dealer to comply with the requirements established by Manitou under the framework of a specific training course. 

REFERENCE ONE : concerns equipment of any brand in the Manitou dealer network having been subject to simple inspections (visual and auditory). 

In order to access the other rating levels, dealers must attend a training course offered by Manitou and use the checklist defined by Manitou as a reference. The training course shall be at the dealer’s expense, at Manitou BF’s headquarters or locally at its subsidiaries. Three training modules validated by a certificate delivered by the Training Center shall be required to use the rating levels for Advertisements, except for Reference One. A technical representative and a sales representative from the Advertiser must participate together in these training modules.

REFERENCE PRO : only applies to Manitou Group equipment having been subject to: 

- formalized visual and auditory inspections on the Manitou checklist, which may be viewed upon request by customers following identification.

- as necessary, a motor oil change and replacement of the oil, air, and diesel filters, and the gearbox – which may be indicated in the Advertisement. 

REFERENCE PRO + : only applies to Manitou Group equipment having been subject to: 

- formalized visual and auditory inspections on the Manitou checklist, which may be viewed upon request by customers following identification.

- a complete review providing for guarantying 100% of the checklist criteria in “Good” status (components as is or replaced if necessary).

- a tire wear inspection providing for guarantying a maximum of 40% wear (indicated on the checklist).

- touch-up painting.

Such equipment shall benefit from a minimum dealer guarantee of 3 months for the engine-transmission-axel.

REFERENCE EXPERT : only applies to Manitou Group equipment (with a commitment and length of service defined for each product range) having been subject to: 

- formalized visual and auditory inspections on the Manitou checklist, which may be viewed upon request by customers following identification.

- a complete review providing for guarantying 100% of the checklist criteria in “Good” or “New” status for the tires, accessories, seat, battery, and paint.

Such equipment shall benefit from a 6 to 12 month guarantee.

Manitou Group equipment that may benefit from the above-mentioned ratings are: Gehl or Mustang Skid Steers and Articulated Loaders, Manilec warehouse equipment, and Manitou forklifts and aerial people lifts.

Dealers who have participated in the “Manitou Ratings” training course shall receive a certificate to be displayed in the dealership:

“Authorized Manitou Rated Used Equipment Dealer”

Authorized “Manitou Used Equipment” dealers shall comply with the checklist criteria and ratings levels as described in the training courses organized by Manitou. Manitou may conduct random inspections and audits to ensure compliance with the ratings procedures explained during the dedicated training courses. Manitou shall not be held liable should the dealer not comply with the ratings rules. The dealer shall be solely liable with regards to third parties regarding non-compliance with the above-mentioned rules.

An Advertisement management module shall provide access to a full menu:

- Summary table of current Advertisements.

- Ability to modify, edit, or delete an Advertisement with a single click.

- Ability to create an individual datasheet or a sales catalogue to be printed or sent by e-mail.

- Publish statistics.

The website also provides other functions open specifically to dealers such as submitting an “in search of” notice to be sent to other registered dealers.

An “in search of” notice allows a Subscriber to query other dealers who subscribe to the service about equipment. An e-mail is automatically sent to all Subscribers with the contents of the query. 

1. Select the “‘In Search of’ Notice” tab.

2. Explicitly indicate in the subject the type of equipment sought.

3. The Subscriber’s contact information will be automatically included in the “in search of” notice.

3. Subscriber dealers with the equipment sought may directly contact the requesting dealer.

HOW TO MANAGE YOUR ACCOUNT?

Credit account: As long as the Advertisement has not been deleted from the website by the Subscriber, a credit is automatically debited from the Subscriber’s account at the beginning of each new 30-day period. Subscribers should therefore be highly vigilant regarding out-dated Advertisements. 

Void account or insufficient credit: If the Subscriber’s credit account is not sufficient to automatically renew the publication of its Advertisement for a new period, the Advertisement shall be blurred out and not viewable by Internet users until the account has sufficient credit. Subscribers may delete blurred Advertisements at any time.

Manitou BF, or any subsidiary substituted therefor in whole or in part for managing the Service(s), reserves the right to delete, within a reasonable timeframe, any blurred Advertisement due to the absence of credits in the Subscriber’s account. 

Manitou BF, or any subsidiary substituted therefor, shall not, under any circumstances, be obligated to inform Subscribers of the balance of credits in their account and shall not, under any circumstances, be obligated to inform Subscribers of changes to or deletion of Advertisements when their account does not have sufficient credits. Subscribers shall be solely responsible for managing their Advertisements, credits, and accounts.

Subscribers may not, under any circumstances hold Manitou BF, or any subsidiary substituted therefor, liable for not providing notice of account status or for modifying or deleting Advertisements.