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Terms and Conditions
BigIron - 1-800-937-3558
ACCEPTANCE OF TERMS.
To bid on BigIron.com, you must first accept the Buyer Terms and Conditions.
By submitting this form, you agree that you have read, understand, and accept the Buyer/Bidder terms and conditions listed and all other terms and conditions incorporated herein by reference. You also agree that you will be financially responsible for your use of the site and all purchases. Unfortunately, you may not bid on BigIron online auctions unless you agree to our terms and conditions. Click here for more information:Help Center.
All BIDDERS HEREBY CERTIFY THAT THEY HAVE READ AND FULLY UNDERSTAND THE TERMS AND CONDITIONS AND THEY AGREE TO BE BOUND THEREBY. Violation of the terms and conditions is grounds for immediate bidding suspension without notice. Each auction may have additional terms not listed here. It is the buyer's responsibility to understand all the terms and conditions prior to submitting a bid.
Scroll down to read all terms and conditions or click on a link to jump to a specific section.
Last updated Mon, Jul 4, 2016.
- WARRANTIES–EQUIPMENT SELLS “AS IS, WHERE IS”
- RESPONSIBILITY TO INSPECT
- DISPUTE HANDLING
- RISK OF LOSS
- UNRESERVED AUCTION TERMS
- SHILL BIDDING
- TAX, LICENSES
- SALES TAX
- FAILURE TO PAY/BUYER PAYMENT DEFAULT
- EQUIPMENT REMOVAL
- CERTIFICATE OF TITLE INFORMATION
- JURISDICTION AND VENUE
- AUCTION PROCEDURE
- ACCESS TO BIGIRON.COM WEBSITE
WARRANTIES – EQUIPMENT SELLS “AS IS, WHERE IS”
To the fullest extent permitted by law, the sites, services, and items sold by or through BigIron are provided on an “as is,” “where is,” “as available” basis without warranties, expressed or implied, of any kind including without limitation implied warranties of non-infringement, merchantability, condition (whether or not discoverable), usability, fitness for a particular purpose, or as to brand, identity or quality of the unit, materials, components, or workmanship.
While BigIron makes every effort to represent the equipment to the best of our knowledge, BigIron makes no warranty or guarantee of the equipment. While every effort is made to convey verbal and written information, photos, and descriptions accurately, these are meant to be used only as guides. BigIron Representatives are not professional photographers. Photos may or may not depict all the good and bad ASPECTS of items.
RESPONSIBILITY TO INSPECT
No testing or operational assessments have been made. BigIron only reports hours and miles that are shown on the meter at the time of listing for auction and makes no guarantees that the miles/hours shown on meter are the actual miles/hours. Inspection of the item, its operational condition, and components prior to bidding, is the buyer’s responsibility.
BigIron is not responsible for statements, written or verbal, made by the seller. Buyer should carefully validate all such statements by inspecting the item prior to bidding. Failure to inspect the item is not grounds for dispute. Bidder is to use their due diligence prior to bidding, as no bids will be retracted.There is no refund for any reason. Buyer is fully aware there is no recourse to rescind or abrogate the transaction after becoming the highest bidder.
Seller's contact information and location of the item will be provided with the listing description of each item for sale. Exact location of item to be furnished by the seller if contacted. We will not disclose directions to item unless specified by seller. In no event does failure to contact the seller serve as grounds for collapsing the sale, rescinding the transaction, or requesting a rebate or refund.
All items are sold as is,” “where is,” “as available.” BigIron makes no warranties or guarantees on items sold on BigIron. BigIron, to the best of their ability, will assist a buyer and seller in helping to resolve a dispute. However, ultimately, resolutions are the responsibility of the buyer and the seller.
RISK OF LOSS
It is the buyer's responsibility to pick up or arrange pick up of items purchased in auction within fourteen (14) calendar days of winning the bid. The seller is responsible for maintaining items sold in auction in the same condition as when listed, for fourteen (14) calendar days of winning the bid or until such a point the buyer or the buyer’s agent picks the item up, whichever comes first. After fourteen (14) calendar days of winning the bid or the time of pick up, whichever comes first, the buyer assumes full responsibility for delivery and all ownership risks including, but not limited to, loss from accident, theft, vandalism, fire, lack of security, malicious mischief, flood, windstorm, earthquake, lightning, and all other acts of God.
UNRESERVED AUCTION TERMS
BigIron will conduct an absolute auction. No minimums, no reserves, no buybacks, no set reserve prices, and no bidding on behalf of the seller will be tolerated. In accordance with the Uniform Commercial Code (UCC) section 2-238, in an unreserved auction, if the auctioneer knowingly receives a bid on the seller’s behalf or the seller makes or procures such a bid, the buyer is entitled to the goods at the price of the last good faith bid prior to the completion of the sale. If you place shill bids on items, this bidding behavior is a violation of both UCC regulations governing unreserved auctions and BigIron shill bidding policies. Should BigIron suspect that shill bidding is taking place or has taken place, all items will have their final sale price adjusted to the last good faith bid, per the Uniform Commercial Code.
As a BigIron bidder, you agree to never bid on your own items or on behalf of any other seller whatsoever. You also agree not to have others bid on your behalf. Any bidder participating in shill bidding will be banned from future BigIron auctions without notification and will be subject to actions consistent with the Uniform Commercial Code and the BigIron Terms and Conditions to include, liquidated damages.
Bidders will not use an alias or collude with others to place bids on any of the seller’s equipment including, but not limited to, seller’s family members. Bidder agrees not to bid directly or indirectly, in any capacity whatsoever, nor cause or assist anyone to bid for seller or on seller’s behalf, nor bid as an officer, director, shareholder, partner, proprietor, joint venture, advisor, limited liability company member, consultant, owner, employee or other agent of any third party. It is only upon these terms that BigIron will list equipment, as these restrictions are necessary to protect the integrity of the “unreserved auction” or “absolute auction” process and the reputation of BigIron.
The buyer is responsible for all applicable sales tax on items purchased in a BigIron auction. Sales tax guidelines from the applicable state will be used to determine if an item is sales tax exempt. If the exempt determination is made, the buyer will be responsible for obtaining, completing, and forwarding all necessary forms from the taxing jurisdiction (e.g., city, county, state) to BigIron. Sales tax can only be cleared from the buyer’s invoice once all required forms have been completed, submitted, and validated. Sales tax or appropriate sales tax exemption forms are due at or before the time of payment. No items will be released to the buyer until payment is received in full by BigIron. Payment in full includes the payment of all applicable sales tax or the submission of all appropriate sales tax exemption forms
All Bidders must register and be in good standing with BigIron in order to bid on items listed on unreserved online or onsite auctions and on “equipment for sale” auction listings. BigIron reserves the right to remove a bidder for not complying with the BigIron Terms and Conditions prior to bidding or during the auction process, if needed.
SETTLEMENT / PAYMENT
The successful bidder is responsible for making full payment within 48 hours following the close of the auction or prior to 5:00 PM CST on Friday of the auction week, as well as removal of the item after payment has been received. Invoices are sent to the winning bidder after the close of auction. If no invoice is received before the end of the business day on the day of the auction close, contact BigIron immediately to verify your buyer’s account. Payment instructions are provided on the invoice.
All payments are to be made to BigIron Auctions by cash, check with bank verification, or by wire transfer. Payment can be made by credit card for Auction purchases less than $2,000, however, a three (3) percent convenience fee will apply to credit card payments. All international transactions must be paid for with a wire transfer. Once the payment is received, a paid-in-full invoice will be provided to the buyer. Payment in full includes the payment of all applicable sales tax or the submission of all appropriate sales tax exemption forms. Failure to submit all sales tax or clear sales tax with appropriate forms at the time of payment will prevent the item from being released to the buyer.
FAILURE TO PAY/BUYER PAYMENT DEFAULT
If a Buyer fails to pay for an item, they are subject to collection on the full purchase price and any associated taxes and fees. The Buyer will be subject to collections on the full invoiced amount or if the item is relisted by the seller, 25% of the final sale price in liquidated damages. Failure to Pay will also result in the buyer’s account being suspended from participation in all future auctions.
Buyer agrees to remove purchase from seller’s location within fourteen (14) calendar days of winning the bid. Transportation, and any and all costs associated, will be borne by the buyer. Should buyer fail to remove purchase within the specified period of time, BigIron or seller may charge a storage fee of $25 per day until purchase is removed from seller’s location. All such charges shall be the sole responsibility of the buyer. The buyer agrees to indemnify and hold harmless seller, BigIron, and it’s agents against all damages, liabilities, claims, or causes of action arising out of said property storage and removal. If buyer does not remove item within thirty (30) days, item may be placed for sale in the next available BigIron auction. All storage fees, handling costs, and sales commissions for the removal and “re-sale” of the item will be deducted from the final sale price. Any remaining proceeds will be returned to the abandoning buyer, provided BigIron is able to determine a method for doing so. BigIron also maintains the right to suspend the bidding privileges of any buyer who does not pick up items purchased in the auction within the specified terms.
Entering into a separate storage agreement with the seller is between the buyer and seller, and BigIron has no responsibility for resolving any subsequent conflicts or disagreements which arise between buyer and seller.
CERTIFICATE OF TITLE INFORMATION
Buyer appoints BigIron as its agent to accept delivery of the properly executed, marketable state-issued Certificate of Title with recorded liens properly released. Buyer will be contacted the day of the auction via email in regards to titling information. BigIron requires all title information including name(s) and complete address be communicated through email or any other written form, for our records. All titles will be endorsed as directed – no open titles will be issued. Title will be forwarded to buyer via certified US Mail or equivalent no sooner than fourteen (14) days after receipt of complete payment, unless otherwise noted in item description, regardless of payment type. There is a $25 title processing fee, charged to the buyer, on all titled items. BigIron is not responsible for any lost titles.
JURISDICTION AND VENUE
Any legal action commenced by either party to resolve any dispute arising under this Agreement will be resolved only in the courts of the State of Nebraska or in the courts of the United States of America for the District of Nebraska. Each party irrevocably submits to the personal jurisdiction of such courts and hereby waives any and all objections as to venue, inconvenient forum, and the like.
- Register online to get a bidding number.
- Buyers are encouraged to contact the seller in order to inspect item(s) and for greater details and/or disclosure on the item(s) prior to the auction.
- Highest bidder makes full settlement within 48 hours after the conclusion of the auction
- BigIron reserves the right to revoke any bid number at any time, even during the auction.
- Item(s) may be removed from the auction site or Seller’s premise upon presentation of paid-in full invoice from BigIron.
ACCESS TO BIGIRON.COM WEBSITE
BigIron does not guarantee uninterrupted, secure access to BIGIRON.COM. BigIron is not liable or responsible for interruptions, terminations, or corruptions of any online audio feed, video feed, or other internet registration, bidding, or other online-related services that occur before, during, or in connection with the online or onsite auctions, regardless of the cause or fault. Buyer agrees to hold BigIron harmless for any such interruptions or buyer’s inability to effectively use BIGIRON.COM.
Please call 1-800-937-3558 with questions on how to be a Seller or Buyer.