Auto Midt

Terms & Conditions

Terms and conditions of sale · B2B wholesale and export of used cars · Version: September 2026

These terms and conditions of sale apply to all sales of used cars made by:

Auto Midt ApS
CVR no.: 41158123
Torvegade 155A
7160 Tørring
Denmark

Company type: Private limited company (ApS)
Start date: 11 February 2020

Hereinafter referred to as the “Seller”.

1. Scope and B2B sales only

1.1 These terms and conditions of sale apply to all offers, orders, reservations, invoices, agreements and sales of used cars made by the Seller, unless expressly agreed otherwise in writing.

1.2 The Seller sells cars exclusively on a business-to-business (B2B) basis and exclusively as wholesale to professional businesses within the automotive industry, including car dealers, wholesale dealers and similar professional operators.

1.3 The Seller does not sell cars to private consumers under these terms.

1.4 By placing an order, reserving a car, accepting an invoice, making payment, or otherwise entering into a transaction with the Seller, the Buyer confirms that:

  • a. the Buyer acts exclusively as part of its business activity;
  • b. the Buyer is a professional operator within the automotive industry;
  • c. the car is purchased as a wholesale car for business purposes; and
  • d. the Buyer is not acting as a consumer.

1.5 The Seller may require the Buyer to submit company information, a VAT number, documentation of signing authority, and other information reasonably necessary to verify the Buyer's business status.

2. Used cars – wholesale

2.1 All cars offered by the Seller are used cars sold as B2B wholesale.

2.2 The Buyer accepts that a used car may have defects, wear, deterioration, previous repairs, cosmetic damage, technical faults, and other conditions resulting from the car's age, mileage, previous use, and maintenance history.

2.3 The Buyer accepts that a used car cannot reasonably be compared to a new car.

2.4 Unless expressly confirmed in writing by the Seller, no car is sold as being free of defects.

2.5 The agreed purchase price reflects that the car is used and is sold wholesale between professional operators in the automotive industry.

3. Car information and listings

3.1 Information about cars, including descriptions, images, mileage, registration details, specifications, and other data, is provided in good faith and based on the information available to the Seller.

3.2 The Seller endeavours to provide accurate information but cannot guarantee that listings, equipment lists, or information from third-party databases, VIN decoders, auction systems, or other external sources is completely accurate.

3.3 The Buyer is responsible for verifying any equipment, specification, feature, or characteristic that is material to the Buyer prior to purchase.

3.4 Images form part of the general description of the car but do not necessarily show every defect, scratch, dent, stone chip, wear, or other condition.

3.5 Normal wear relative to the car's age and mileage does not constitute a defect.

3.6 Obvious typing errors, calculation errors, incorrect prices, and similar manifest errors are not binding on the Seller.

3.7 A car listing constitutes an invitation to submit offers and does not in itself constitute a binding offer from the Seller.

4. Margin cars and net cars

Cars offered by the Seller may be listed and invoiced as either Margin Cars or Net Cars.

4.1 Margin cars

A car marked as “Margin”, “Margin car” or similar is sold under the applicable Danish rules on used-goods VAT/margin VAT.

The listed price is the price payable by the Buyer, plus any separately agreed fees or costs.

VAT is included in accordance with the applicable rules on used-goods VAT and cannot be deducted separately by the Buyer where the law does not permit this.

The specific VAT treatment will be stated on the Seller's invoice.

4.2 Net cars

A car marked as “Net”, “Net car”, “Net export” or similar is listed at a net price.

Where the statutory conditions for VAT-free EU sales or export outside the EU are met, the car may be invoiced without Danish VAT.

The Buyer is responsible for providing all documentation necessary for the transaction to be treated for VAT purposes as stated on the invoice.

If the conditions for a sale without Danish VAT are not met, the Seller is entitled to charge Danish VAT or require a VAT deposit in addition to the net price.

4.3 The invoice is decisive for the VAT treatment

The applicable VAT treatment for each car will be stated in the car's listing and/or the final invoice.

If there is a discrepancy between the listing and the final invoice, the VAT treatment on the final invoice shall apply, always subject to mandatory tax and VAT legislation.

5. EU sales without Danish VAT

5.1 When a Net Car is sold without Danish VAT to a VAT-registered business in another EU country, the Buyer must provide a valid VAT number and any other information required by the Seller.

5.2 The Seller is entitled to verify the Buyer's VAT number before the transaction is accepted as a VAT-free EU sale.

5.3 The Buyer must submit all transport and delivery documentation reasonably required by the Seller to document that the car has been transported from Denmark to another EU country.

5.4 If the Buyer or a carrier engaged by the Buyer collects the car in Denmark, the Buyer remains responsible for submitting declarations, transport documents, confirmations of receipt, or other documentation required by the Seller.

5.5 If the Buyer fails to provide sufficient documentation, or if the transaction does not meet the conditions for a sale without Danish VAT, the Seller may charge Danish VAT as well as taxes, interest, costs, and other amounts imposed on the Seller as a result.

6. Export outside the EU

6.1 When a car is sold for export outside the EU without Danish VAT, the VAT treatment is conditional on compliance with applicable Danish and EU VAT and customs rules.

6.2 The Buyer must ensure that the car is exported and must provide sufficient documentation that the car has left the EU.

6.3 Such documentation may include customs documents, exit confirmation, transport documents, shipping documents, proof of receipt, or other documentation required by the Seller or the Danish tax authorities.

6.4 The Seller may require the Buyer to pay a VAT deposit or other security until sufficient export documentation has been received and verified.

6.5 Any VAT deposit will only be refunded once the Seller has received documentation which, in the Seller's reasonable assessment, is sufficient to document the relevant VAT exemption.

6.6 The Buyer bears the risk and costs of missing or insufficient export documentation.

7. Prices

7.1 Car prices are stated in the currency shown in the listing or invoice.

7.2 Unless expressly stated otherwise, prices do not include:

  • transport;
  • temporary licence plates or export plates;
  • foreign registration fees;
  • foreign taxes;
  • other costs in the destination country.

7.3 The Buyer is solely responsible for taxes, duties, and costs imposed outside Denmark, unless expressly agreed otherwise in writing.

8. Orders and formation of agreement

8.1 A transaction is not binding on the Seller merely because the Buyer has shown interest in a car.

8.2 A transaction becomes binding when the Seller has accepted the Buyer's order in writing, issued a final invoice, received an agreed deposit, or otherwise expressly confirmed the sale.

8.3 The Seller reserves the right to decline or cancel an order before a binding agreement has been entered into.

8.4 Cars are sold subject to prior sale.

8.5 If the car has been sold to another buyer before the Seller has accepted the Buyer's order, the Buyer has no claim against the Seller.

9. Reservations and deposits

9.1 A car is only reserved if the Seller has expressly confirmed the reservation.

9.2 The Seller may require payment of a deposit or reservation fee.

9.3 Unless agreed otherwise in writing, a paid deposit forms part of the purchase price.

9.4 If the Buyer fails to complete an agreed purchase, the Seller may retain the deposit to the extent permitted by law and may claim compensation for further documented losses.

9.5 Any separately agreed reservation period takes precedence over this clause.

10. Payment

10.1 The purchase price must be paid in accordance with the Seller's invoice.

10.2 Unless agreed otherwise in writing, the full purchase price must have been received by the Seller before the car is released.

10.3 Payment is only considered completed once available and irrevocable funds have been registered in the Seller's bank account.

10.4 Bank fees and other payment costs imposed on the Buyer are payable by the Buyer.

10.5 The Buyer may not withhold payment, make deductions, or set off alleged claims against the purchase price without the Seller's written consent.

11. Retention of title

11.1 To the extent permitted by law, title to the car remains with the Seller until the full purchase price and any other amounts relating to the transaction have been paid.

11.2 The Buyer may not sell, pledge, transfer, or otherwise legally dispose of the car before full payment, unless expressly approved by the Seller.

12. Collection, delivery and documentation

12.1 Unless agreed otherwise in writing, cars are sold from the Seller's premises in Tørring, Denmark, and the Buyer is responsible for collection and transport.

12.2 The Buyer must arrange collection within the period agreed with the Seller.

12.3 If no specific collection period has been agreed, the car must be collected within a reasonable time after the Seller has notified the Buyer that the car is ready.

12.4 The Buyer is responsible for selecting and instructing the carrier.

12.5 Any carrier, driver, representative, or other person collecting the car on the Buyer's behalf is regarded as the Buyer's representative at the time of collection.

12.6 The Buyer is responsible for ensuring that transport takes place lawfully, properly, and with adequate insurance coverage.

12.7 The Seller may require the person collecting the car to prove their identity, transport assignment, and authorisation to receive the car on the Buyer's behalf.

12.8 Upon collection, the Seller may record and retain relevant documentation of the handover, including the date and time, the car's identification, the collecting person or carrier, and relevant transport and export documents.

12.9 In the case of EU sales or export, the Buyer must, upon request, submit the additional documentation required under clauses 5 and 6. Failure to provide documentation may result in the consequences set out in those clauses.

13. Passing of risk

13.1 Unless agreed otherwise in writing, the risk of accidental damage to or loss of the car passes to the Buyer when:

  • a. the Buyer takes possession of the car; or
  • b. the car is handed over to the Buyer's carrier, driver, representative, or other person collecting the car on the Buyer's behalf,

whichever occurs first.

13.2 From this point, the Seller is not liable for transport damage, theft, loss, or other damage to the car.

13.3 The Buyer is responsible for adequate transport and cargo insurance.

14. Delayed collection and storage

14.1 If the Buyer does not collect the car as agreed, the Seller may charge reasonable storage and handling costs.

14.2 The Seller may move or store the car at another suitable location at the Buyer's expense and risk.

14.3 The risk of the car remains with the Buyer if collection is delayed due to circumstances attributable to the Buyer.

15. Buyer's examination

15.1 The Buyer is a professional car dealer and is encouraged to inspect the car or have an independent examination carried out before purchase.

15.2 The Buyer may request additional images, video, or information before completing the transaction.

15.3 If the Buyer chooses to purchase the car without a physical inspection, the Buyer accepts the business risk associated with a remote purchase of a used wholesale car.

15.4 The Buyer may not subsequently rely on conditions that the Buyer knew or ought to have discovered, or that were clearly disclosed or visible prior to purchase.

16. Cars are sold without warranty

16.1 All cars are sold wholesale B2B without warranty.

16.2 Unless expressly stated on the Seller's invoice or purchase agreement, no contractual or commercial warranty is provided in respect of:

  • mechanical condition;
  • engine;
  • gearbox;
  • transmission;
  • battery or high-voltage battery;
  • electrical systems;
  • electronics;
  • air conditioning;
  • emission systems;
  • diesel particulate filter;
  • AdBlue/SCR system;
  • turbocharger;
  • chassis/undercarriage;
  • brakes;
  • drivetrain;
  • infotainment;
  • charging systems;
  • range;
  • tyres;
  • bodywork; or
  • other components.

16.3 Any remaining factory warranty is a matter between the Buyer and the manufacturer and is subject to the manufacturer's own terms.

17. Wholesale condition – agreed condition and assessment of defects

17.1 Each car is sold as a used B2B wholesale car in the actual condition it is in at the time the agreement is entered into, together with the information on condition, defects, damage, equipment, and other matters set out in the specific agreement, invoice, listing, and other information the Seller has made part of the transaction.

17.2 The purchase price has been negotiated and agreed having regard to the car's used nature, age, mileage, visible and disclosed conditions, and the agreed wholesale model.

17.3 No general contractual or commercial warranty is provided beyond what has been expressly agreed. Conditions that the Buyer knew or ought to have discovered through the examination reasonably expected of a professional car dealer cannot subsequently be relied upon as a defect.

17.4 The Seller is not liable for defects, wear, or technical conditions that must be regarded as normal or expected given the car's age, mileage, price, previous use, and the specifically disclosed conditions. This does not apply, however, if the car deviates from a specific factual statement or express written agreement that was material to the purchase.

17.5 Unless otherwise provided by the specific agreement or by rules that cannot validly be derogated from, the Buyer is not entitled to repair, replacement, reimbursement of repair costs, spare parts, a proportionate price reduction, or termination solely as a result of a technical or mechanical problem discovered after delivery.

17.6 Nothing in these terms limits liability that cannot validly be excluded under applicable law, including liability for fraud or wilful default.

18. Complaints and notice

18.1 As a professional business, the Buyer must examine the car as soon as possible after collection or delivery, and in accordance with what can reasonably be expected in a B2B wholesale transaction.

18.2 If the Buyer wishes to rely on a condition as a defect or other breach, the Buyer must submit a written complaint by e-mail without undue delay after the condition has been, or ought to have been, discovered. A complaint submitted too late under the rules applicable to the specific transaction may result in the Buyer forfeiting the right to rely on the condition.

18.3 The complaint should, as far as possible, include:

  • invoice number;
  • registration number and/or chassis number;
  • current mileage;
  • a specific description of the condition;
  • images and/or video, if relevant;
  • a diagnostic report, if available; and
  • an estimate of any proposed repair.

18.4 A complaint or notice of a problem does not in itself mean that the Seller accepts liability.

18.5 The Buyer must give the Seller a reasonable opportunity to examine the condition complained of before any major repairs or other interventions are carried out, unless this cannot reasonably be awaited.

18.6 The Buyer may not carry out major repairs at the Seller's expense without the Seller's prior written approval.

19. Goodwill / commercial assistance

19.1 Although all cars are sold wholesale B2B without warranty, the Seller values good, long-term customer relationships.

19.2 If an unexpected and significant problem arises shortly after purchase, the Buyer may contact the Seller by e-mail and provide comprehensive information about the matter.

19.3 The Seller may then, at its own discretion and without obligation, assess whether there is a basis for providing goodwill or other commercial assistance.

19.4 A goodwill solution may, for example, consist of:

  • technical assistance;
  • a contribution towards repair costs;
  • supply of spare parts;
  • a credit note;
  • a discount on a future transaction; or
  • another solution agreed between the parties.

19.5 Any goodwill is provided voluntarily and does not constitute an acknowledgment of legal liability, warranty, or defect.

19.6 Goodwill provided in one specific transaction creates no precedent or right to similar treatment in past or future transactions.

19.7 The Seller is under no obligation to provide goodwill.

20. The Sale of Goods Act – basis of agreement and derogation

20.1 The parties acknowledge that the transaction is a commercial transaction between professional businesses in the automotive industry.

20.2 The parties' rights and obligations are determined primarily by the specific written purchase agreement or final invoice and these terms and conditions of sale. The default (non-mandatory) provisions of the Danish Sale of Goods Act apply only to the extent a matter is not governed by the parties' agreement, or an agreed derogation cannot validly be upheld.

20.3 In the event of a conflict, the following order of precedence applies:

  1. individually agreed written terms for the specific transaction;
  2. the Seller's final invoice or written purchase agreement;
  3. these terms and conditions of sale; and
  4. Danish law, including the Sale of Goods Act, to the extent the rules apply and have not been validly derogated from.

20.4 Nothing in these terms overrides mandatory rules of applicable law.

21. Mileage

21.1 The mileage stated in the listing, invoice, or other sales information is, as a starting point, the mileage shown on the car's odometer at the relevant time, unless expressly stated otherwise.

21.2 The Seller does not provide a separate warranty regarding the car's total historical mileage unless this has been expressly agreed in writing. However, a specifically disclosed mileage forms part of the factual basis of the agreement to the extent it was material to the transaction.

21.3 If the Seller is aware of information giving reason to consider the mileage uncertain or incorrect, or that the odometer has been replaced or altered, this must be disclosed to the Buyer.

21.4 The Buyer is encouraged to independently verify available historical mileage information if the mileage is material to the Buyer's decision to purchase the car.

22. Service history and previous repairs

22.1 Service books, electronic service history, invoices, and other historical information are provided when available to the Seller.

22.2 Information originating from previous owners, workshops, databases, or other third parties is passed on in good faith. Unless the Seller has expressly verified or warranted the information in writing, the Seller does not guarantee that such third-party information is complete or accurate.

22.3 Unless expressly agreed otherwise, the Seller does not, in particular, guarantee that:

  • the service history is complete;
  • all servicing has been carried out at the manufacturer's intervals;
  • all repairs have been carried out by an authorised workshop; or
  • the car has never previously been damaged or repaired.

22.4 Factual information that the Seller has itself expressly confirmed as verified, or expressly made part of the agreement, is assessed on its own merits and cannot be treated as unverified third-party information.

22.5 The Seller may not knowingly withhold material information about the car.

23. Registration, homologation and use in the destination country

23.1 The Buyer is responsible for investigating whether the car can lawfully be imported, registered, approved, and used in the destination country.

23.2 The Seller does not warrant that the car meets foreign:

  • registration requirements;
  • inspection requirements;
  • emission requirements;
  • tax rules;
  • import rules;
  • homologation rules;
  • environmental zone rules;
  • local type-approval requirements; or
  • other national or local requirements.

23.3 Costs of modification, inspection, approval, or registration of the car abroad are payable by the Buyer.

24. Export, customs and import liability

24.1 Unless agreed otherwise, the Buyer is responsible for export and import formalities after the car has been released.

24.2 The Buyer is responsible for, among other things:

  • customs declarations;
  • import duties;
  • local VAT;
  • registration fees;
  • foreign licence plates;
  • transport permits;
  • other requirements in the destination country.

24.3 The Buyer must indemnify the Seller for costs arising from incorrect information or documents provided by the Buyer in connection with export, VAT, customs, or registration.

25. Sanctions, export restrictions and compliance

25.1 The Seller may decline, suspend, or cancel a transaction if the Seller reasonably assesses that completing it could conflict with applicable sanctions, export restrictions, anti-money-laundering rules, or other legislation.

25.2 At the Seller's request, the Buyer must provide information about the Buyer, its beneficial owners, the car's destination, and the intended recipient, where reasonably necessary for compliance purposes.

25.3 The Buyer may not knowingly resell, export, or transfer a car in breach of applicable Danish, EU, or international sanctions or export restrictions.

26. Limitation of liability

26.1 To the fullest extent permitted by applicable law, the Seller is not liable for indirect or consequential losses.

26.2 This includes, among other things:

  • loss of profit;
  • loss of resale margin;
  • operating losses;
  • loss of revenue;
  • loss resulting from lack of use;
  • financing costs;
  • rental car expenses;
  • workshop downtime;
  • storage costs;
  • transport costs;
  • customs costs;
  • registration expenses; and
  • claims brought against the Buyer by the Buyer's own customer.

26.3 The Seller is not liable for warranties, promises, or information provided by the Buyer itself to a subsequent buyer, unless the claim directly results from a liability-triggering misrepresentation made by the Seller.

26.4 The Buyer is independently responsible for inspecting and assessing the car before it is resold.

26.5 To the extent permitted by applicable law, the Seller's total liability arising from an individual car transaction cannot exceed the purchase price, excluding VAT, actually paid by the Buyer to the Seller for that car.

26.6 The limitation of liability in clause 26.5 does not apply to the extent liability cannot validly be limited under applicable law, including in the case of fraud or wilful default.

27. Buyer's resale

27.1 The Buyer purchases the car as an independent professional car dealer.

27.2 Any subsequent resale is an independent transaction between the Buyer and the Buyer's customer.

27.3 The Seller is not liable for warranties, information, consumer rights, or other obligations that the Buyer itself assumes towards a subsequent buyer, unless otherwise provided by mandatory law or arising from the Seller's own liability-triggering conduct.

27.4 Buyer's liability on resale to consumers

27.5 If the Buyer resells the car to a consumer, the Buyer is independently responsible for complying with all consumer-law, disclosure, warranty, and complaint-handling obligations applicable to the Buyer's sale in the relevant country.

27.6 The Buyer may not represent the Seller to a consumer or other subsequent buyer as a guarantor, co-contracting party, or party responsible for the Buyer's own obligations, unless the Seller has expressly agreed to this in writing.

27.7 Before resale, the Buyer must carry out the examination and preparation of the car reasonably required under the rules applicable to the subsequent transaction, and the Buyer bears its own risk for the promises and warranties it gives to its customer.

28. Force majeure

28.1 The Seller is not liable for failure or delay in performance resulting from circumstances beyond the Seller's reasonable control that the Seller could not reasonably have foreseen, avoided, or overcome when the agreement was entered into.

28.2 Such circumstances may include, among others:

  • war;
  • terrorism;
  • civil unrest;
  • sanctions;
  • government restrictions;
  • border closures;
  • strikes;
  • fire;
  • flooding;
  • natural disasters;
  • epidemics or pandemics;
  • cyber incidents;
  • breakdown of telecommunications or IT systems;
  • transport disruptions; or
  • interruption of energy supply.

28.3 The Seller may suspend or postpone the affected obligation for as long as the force majeure event continues. If the event renders performance impossible, unlawful, or significantly delayed in relation to the purpose of the agreement, the Seller may cancel the affected transaction in whole or in part without liability for indirect losses.

28.4 The Seller shall, where practically possible, inform the Buyer of a force majeure event expected to have a material impact on the transaction.

29. Personal data

29.1 The Seller may process personal data about the Buyer's representatives, employees, drivers, and other contact persons for the purpose of administering transactions, complying with legal requirements, and managing the commercial relationship.

29.2 Further information on the processing of personal data should be set out in the Seller's separate privacy policy.

30. Amendments to the terms

30.1 The Seller may amend these terms and conditions of sale from time to time.

30.2 The version applicable to a specific transaction is, as a starting point, the version in force at the time the purchase agreement was entered into.

30.3 Individually agreed written terms between the Seller and the Buyer take precedence over these general terms in the event of a conflict.

31. Partial invalidity

31.1 If a provision of these terms is held to be invalid or unenforceable, this does not affect the validity of the remaining provisions.

31.2 The invalid provision shall, as far as possible, be replaced by a valid provision that comes closest to the original commercial purpose.

32. Entire agreement

32.1 The specific purchase agreement, the Seller's final invoice, these terms and conditions of sale, and any other documents or information expressly made part of the specific transaction constitute the entire contractual basis.

32.2 Verbal statements and informal communication should, as far as possible, be confirmed in writing to avoid doubt as to the content of the agreement. This clause does not, however, preclude a specific statement or declaration made by a person with due authority from having effect under general principles of contract law.

32.3 In the event of a discrepancy between general communication and individually agreed written terms for the specific transaction, the individually agreed terms take precedence.

33. Governing law and language

33.1 All agreements between the Seller and the Buyer are governed by Danish law.

33.2 To the extent permitted by law, the United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply to transactions covered by these terms.

33.3 The terms may be made available in several languages. Unless expressly agreed otherwise in writing, the Danish version is the governing version in the event of discrepancy or doubt of interpretation.

34. Venue

34.1 Any dispute arising out of or in connection with a transaction between the Seller and the Buyer, including questions concerning the formation, validity, interpretation, performance, or termination of the agreement, shall be resolved under Danish law as set out in clause 33.

34.2 To the extent a jurisdiction agreement can validly be entered into, the parties agree that the District Court of Horsens (Retten i Horsens) shall have exclusive jurisdiction as the court of first instance for disputes covered by these terms.

34.3 Notwithstanding clause 34.2, the Seller is entitled to bring proceedings against the Buyer at the Buyer's domicile or before another competent court where necessary or appropriate for the recovery, securing, or enforcement of claims.

34.4 For international transactions, this jurisdiction agreement applies to the extent it can be enforced under the rules on international jurisdiction and jurisdiction agreements in force from time to time.

35. Acceptance and incorporation of terms

35.1 These terms and conditions of sale must be made available to the Buyer before or in connection with the formation of the agreement, for example by being sent together with an offer, order confirmation, or invoice, or by way of a clear link to the applicable version.

35.2 The Buyer accepts these terms by express written acceptance, or by placing an order, confirming a reservation, signing a purchase agreement, paying a deposit or the purchase price, or otherwise clearly completing the transaction after having received or been given access to the terms.

35.3 By accepting, the Buyer confirms that the Buyer:

  • acts as a professional car dealer;
  • purchases the car exclusively as a B2B wholesale purchase;
  • has had the opportunity to inspect or assess the car;
  • is aware that the car is used;
  • is aware that the car is sold without contractual or commercial warranty, unless expressly agreed otherwise;
  • understands the VAT treatment stated for the specific car;
  • accepts these terms and conditions of sale; and
  • accepts that the transaction is governed by Danish law as described above.

35.4 The Seller must be able to identify which version of the terms applied to the specific transaction.