Terms and conditions for sellers
1. Scope
These Terms and Conditions (“T&Cs”) set out the terms of the contract of sale of motor vehicles between Seller and OPENLANE Europe. Each vehicle submitted by Seller is subject to these T&Cs.
“OPENLANE Europe” shall mean OPENLANE Europe NV, or any one of OPENLANE Europe Holding NV, OPENLANE Europe NV, OPENLANE Belgium NV, OPENLANE Nederland B.V., OPENLANE Deutschland GmbH, OPENLANE France SAS, OPENLANE Italia S.R.L., and OPENLANE Subastas España, S.L.
“Seller” shall mean the undersigned legal entity, its subsidiaries and any company linked to it, or a natural person who is trading in one of the following categories: fleet owner (public or private), leasing company, rental company, car trader/dealer, or private person acting for professional purposes. A company is “linked” if it has the same shareholder(s) or director(s) as the Seller or is considered a linked company under article 1:20 of the Belgian Code of Companies and Associations.
2. Seller confirmations
By submitting a vehicle to OPENLANE Europe for sale, Seller confirms and promises the following for each vehicle:
- Seller is the owner of the vehicle and holds all rights in the vehicle, free of any liens and encumbrances, claims, security right or interest of any third party, including but not limited to seizure, retention rights, ownership reservation, financing arrangements, confiscation or theft-related claims. There is no outstanding financing on the vehicle on the date of transfer. Seller shall fully indemnify, defend and hold harmless OPENLANE Europe from and against any losses, damages, claims, costs or expenses arising out of or relating to any third-party claim concerning the Vehicle;
- Seller possesses the vehicle documents (including but not limited to: the registration certificate and conformity certificate), and it will provide these to OPENLANE Europe by registered post. If Seller does not possess the registration certificate or conformity certificate, Seller will inform OPENLANE Europe before the auction and take immediate steps to obtain or correct the necessary documents to proceed with the sale. OPENLANE reserves the right to refuse a vehicle or cancel a sale if seller doesn’t remediate the issues in the agreed timeframe;
- The information on the registration certificate or conformity certificate matches the vehicle information. The vehicle information provided by Seller is correct and complete;
- Seller has informed OPENLANE Europe of any known technical defects on the vehicle including but not limited to faulty odometer, and it has informed OPENLANE Europe of any accidental damage repaired. The repair declaration must be made regardless of whether the damage was caused by collision, accident, weather or by some other incident. The vehicle will remain free from any damages and defects, except as detailed in the vehicle information;
- Seller has informed OPENLANE Europe either that the vehicle is subject to the VAT rules or that the margin scheme (if no VAT was deducted for the acquisition of the vehicle) applies;
- Seller acknowledges and guarantees that, before selling a vehicle to OPENLANE, they have reviewed and fully comply with all applicable local, national, and international laws;
- Seller is solely responsible for ensuring that the vehicles offered to OL, their sales practices and transactions are lawful in every jurisdiction in which they operate. OPENLANE shall not be held liable for any non-compliance by the Seller;
- Seller confirms he knows that OPENLANE Europe relies heavily on the information which OPENLANE Europe receives from the Seller for the marketing purposes of the vehicle and that he/she has taken all the necessary measures to ensure that OPENLANE Europe is provided with correct information and accepts that OPENLANE Europe is not required to double-check the provided information.
3. OPENLANE Europe purchase
OPENLANE Europe may agree to buy the vehicle from Seller in its discretion. Once the seller confirms the sale, he must release the vehicle and the vehicle’s documents for pick-up by the OPENLANE Europe designated transport company, unless agreed otherwise. Seller maintains the responsibility and risk for damage or theft until the moment the vehicle is delivered and inspected at the agreed delivery location.
4. Payment and invoicing
4.1. Unless agreed otherwise, OPENLANE Europe will pay the seller’s invoice only after receiving confirmation of (1) delivery of the vehicle at the agreed location, (2) inspection report and (3) reception of the car documents. After the payment of Seller’s invoice by OPENLANE Europe, OPENLANE Europe becomes the owner of the vehicle and Seller will timely take the necessary actions to comply with transfer of ownership, if needed.
4.2 The non-payment of a debt on its due date will render the following automatically and without notice of default: (a) the immediate claimability of all outstanding invoices; b) OPENLANE Europe may, at its sole discretion and without affecting any of its other rights, immediately: (i) Suspend all payments to the Seller and its access to the platform; (ii) offset any amounts owed by the Seller (or any of its linked companies) against any amounts OPENLANE Europe may owe to the Seller (or any of its linked companies);(iii) within the applicable payment term, OPENLANE Europe is entitled to charge the Seller interest on overdue amounts, without prior notice, at a rate equal to the interest rate applicable under the Belgian Law of 2 August 2002 regarding late payment in commercial transactions.; (iv) Retain any vehicles, documents, or other assets belonging to the Seller that are in OPENLANE Europe’s possession, until all debts are paid in full; (v) novation and/or bilateral and/or multilateral settlement by offsetting with any company that is linked to the Seller with regards to OPENLANE Europe.
The Seller and its linked companies are jointly and severally liable for any debts owed to OPENLANE Europe.
5. OPENLANE Europe cancellation
OPENLANE Europe may cancel the purchase in the case of technical defects that were not communicated to OPENLANE Europe prior to the auction and for which Seller does not accept the repair costs in accordance with the specifications, or if there are differences between the information provided by Seller pertaining to the vehicle and reality (including aspects such as options, engine, age, kilometers and damage), insofar as the ensuing damage or discrepancies is not compensated by Seller after the submission of a set of specifications.
6. Confidentiality
Seller shall keep all confidential information (including but not limited to pricing) disclosed to it by or on behalf of OPENLANE Europe confidential, use such information solely for the purpose of fulfilling its obligations under these T&Cs, and not disclose such information to any third party except with the prior written consent of OPENLANE Europe.
7. Indemnity
Seller shall indemnify, defend and hold harmless OPENLANE Europe from and against any losses, damages, claims, costs or expenses suffered or incurred by OPENLANE Europe arising out of or in connection with a breach by Seller of these T&Cs (including the confirmations and promises in clause 2).
8. Governing law
These T&Cs are governed by, and construed in accordance with Belgian law, without reference to the conflict of law rules. The courts of Leuven, Belgium shall have exclusive jurisdiction to settle any and all disputes which may arise out of or in connection with these T&Cs.
9. Additional terms
Seller agrees to comply with the OPENLANE Seller Auction Management Principles, which OPENLANE Europe will make available to Seller and which may be modified by OPENLANE Europe from time to time. Seller acknowledges and agrees that modified versions can be provided to Seller via electronic means, including via email or website posting.
10. Audits
Seller consents to and agrees to cooperate with OPENLANE Europe’s seller audit procedures, which may include but not be limited to a review of the following: (i) website and facilities; (ii) VAT; (iii) creditworthiness; (iv) signed T&Cs; (v) vehicles and documents; and (vi) bank account.
11. Variations
11.1 OPENLANE Europe may, at any time, amend, modify, add or delete any provision of these Terms and Conditions.
11.2 OPENLANE Europe will issue any such amended or new terms and conditions subject to a notice period of at least seven (7) calendar days. Seller expressly acknowledges and agrees that such varied or new terms and conditions can be notified by OPENLANE Europe to Seller via electronic means, including via e-mail and/or notice on the Platform.
11.3 The amended or new terms and conditions shall apply and be deemed accepted by Seller as from the date set out by OPENLANE Europe, unless Seller notifies OPENLANE Europe in writing within the given notice period of its refusal to accept such varied or new terms and conditions. In such case, OPENLANE Europe reserves the right to terminate these Terms and Conditions immediately without any compensation being due by OPENLANE Europe in such respect, and to block Seller and its Users’ access and use of the Platform.
12. Miscellaneous
If a provision of these T&Cs is finally determined to be, or becomes, invalid, illegal or unenforceable, then such provision shall, if possible, be replaced by the parties by a valid, legal and enforceable clause reflecting as close as possible the initial intentions, or, if that is not possible, it shall be deemed deleted. These T&Cs have been drawn up in English and its provisions will be interpreted and construed in accordance with applicable law as set out in clause 7 and their generally accepted meanings in the English language. Any translation of these T&Cs is for the convenience of the parties only, and shall not be binding towards any party. The rights and remedies of each party under, or in connection with, these T&Cs may be waived only by express written notice to the other party. Any waiver shall apply only in the instance, and for the purpose for which it is given.
These Terms and conditions have been reviewed on 23/01/2026.