1. Home
    2. >
  2. Terms and Conditions

Terms and Conditions

BigIron - 1-800-937-3558

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 Thu, Apr 13, 2023.

WARRANTIES – EQUIPMENT SELLS WITHOUT WARRANTIES

To the fullest extent permitted by law, the sites, services, and items sold by or through BigIron are provided 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.

NO OPERATIONAL ASSESSMENT IS PROVIDED BY BIGIRON

No testing or operational assessments have been made on items sold in a BigIron Auction. 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.

BUYER RESPONSIBILITY TO INSPECT AND DETERMINE SUITABILITY FOR USE

It is the responsibility of buyers to inspect an item prior to bidding in order to assess the items operational condition, and suitability for use. Seller's contact information and location of the item will be provided with the listing description of each item for sale. Potential Bidders should contact the seller for the exact location of an item, along with directions, and inspect the item before bidding. In no event does failure to contact the seller or failure to inspect an item prior to bidding serve as grounds for collapsing the sale, rescinding the transaction, or requesting a rebate or refund.

FAILURE TO INSPECT

Failure to inspect an item prior to bidding is not ground for a dispute, refusal to pay or refusal to take possession of the purchased item. If after reviewing a claim, in BigIron’s judgement there is no grounds for dispute, the transaction will be considered closed. Refusal to take possession of the unit at that point will result in forfeiture of the purchase price or 25% liquidated damages at BigIron’s sole discretion.

BIGIRON IS NOT RESPONSIBLE FOR VERBAL OR WRITTEN SELLER STATEMENTS

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.

DISPUTE HANDLING

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. To be investigated, a dispute must be submitted in writing using a BigIron dispute form, within 14 calendar days of winning the item in auction.

To obtain a dispute form, contact BigIron Customer Service at 1-800-937-3558. Once the form is sent, the buyer must return the completed dispute form and any supporting information within 48 hours.

Disputes received in the BigIron office later than 14 days after sold in the auction will not be considered.

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. If you place shill bids on items, this bidding behavior is a violation of both the Uniform Commercial Code (UCC) section 2-238 governing unreserved auctions and BigIron shill bidding policies. BigIron will investigate all suspected cases of shill bidding or seller buybacks. If BigIron determines that shill bidding or a buyback occurred, BigIron will ban all parties from participating in future auctions and offending parties will be subject to 25% liquidated damages and all remedies outlined in the UCC, section 2-238.

SHILL BIDDING

As a BigIron bidder, you agree to never bid or collude with others to bid on your own items. Furthermore, you will not use an alias or collude with others to place shill bids on the behalf of any seller on that seller’s equipment.

Any bidder or seller participating in shill bidding will be banned from future BigIron auctions without notification and will be subject to 25% liquidated damages and all remedies outlined in the UCC, section 2-238.Unpaid liquidated damages will be subject to legal action to collect said liquidated damages.

TAX, LICENSES

All sales are subject to the sales tax and/or other applicable tax laws.Buyer assumes all responsibility for government issued licenses and/or inspection certificates as well as all required or associated licensing and inspection costs. Buyer agrees not to use any identification, trade name, licenses, and/or certificates belonging to or used by seller or BigIron.

SALES TAX

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. All tax documentation must match the buyer’s account details and invoices cannot be changed after the auction has closed. 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 within the 48-hour payment deadline. 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

REGISTRATION

All Bidders must be 18 years of age or older to 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. After the entire auction is completed and processed, winning bidders, i.e., buyers will receive an email notice with instructions on viewing their invoice online. This usually occurs within 1-hour of the auction close but may take slightly longer after later auctions. If you do not receive an expected invoice before the end of the auction business day, contact BigIron immediately to verify buyer’s account and obtain access to the invoice. Payment instructions are provided on the invoice.

All payments are to be made to BigIron Auction Company by Cash, check with bank verification, by wire transfer or by an ACH payment and must be made in U.S. Dollars. If sending a check via USPS it must be postmarked within 24 hours of the close of the auction and received by BigIron no later than Tuesday prior to the next auction date or an alternate form of payment will be required.

Payments can be made by credit card (MasterCard, Visa, or Discover) for Auction purchases less than $5,000, however, a (3%) percent convenience fee will apply to credit card payments.Credit card payments will be administered through a third party, Stripe.com, for BigIron. Stripe.com will receive the card information. To keep financial data secure, BigIron does not store any credit card information on BigIron servers.

Payments can be made by BigIron initiated ACH for Auction purchases less than or equal to $15,000, however, a convenience fee will apply to ACH payments. ACH payments will be administered through a third party, US Bank, for BigIron. US Bank will receive the banking information. To keep financial data secure, BigIron does not store any banking information on BigIron servers.

See paragraph “INTERNATIONAL BUYERS” for international buyer payments. 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.

COLLAPSED SALE

A "Collapsed Sale" shall be a sale that for any reason becomes null and void. You acknowledge that BigIron reserves the right to collapse any sale between you and the Seller for any reason and may return any or all funds to you.

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, or if the item is sold to the second highest bidder or relisted by the seller, any shortfall in resale price plus 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.

EQUIPMENT REMOVAL

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 or the buyer’s agent is responsible for arriving with a paid in full invoice and the appropriate equipment to safely transport the item purchased. If the transportation equipment to be used is viewed as unsafe, the buyer or the buyer’s agent may be turned away without the item, at the buyer’s expense. The buyer agrees to indemnify and hold harmless seller, BigIron, and its 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.

ABANDONMENTS

Should buyer fail to remove purchased item(s) within fourteen (14) calendar days of winning the bid, buyer agrees to pay a storage fee of $25 per day until the item(s) is/are removed from seller’s location. All such charges shall be the sole responsibility of the buyer and paid directly to the seller. The buyer agrees to indemnify and hold harmless; seller, BigIron, and its agents against all damages, liabilities, claims, or causes of action arising out of said property storage. If buyer fails to remove the purchased item(s) within thirty (30) calendar days of winning the bid, buyer stipulates and consents to the fact that said purchased item(s) shall be considered “abandoned”.

In the event the sale price of said item(s) not removed was $500 or less, seller may dispose of said item(s) as seller, in seller’s sole discretion, sees fit without remuneration of any kind to buyer. In the event the sale price of said item(s) not removed exceeds $500, buyer and seller agree said item(s) will be placed for sale in the next BigIron auction. In furtherance thereof, buyer hereby irrevocably appoints seller as its power of attorney for the purpose of re-listing and re-selling said abandoned property in such case, buyer consents to and agrees that all storage fees, handling costs, sales commissions, and a 20% administration fee for the “re-sale” of the item(s) will be deducted from the final sale price and buyer authorizes BigIron to make such deductions. Buyer, in such event, authorizes seller, on its behalf, to transfer ownership/title to the new buyer and buyer agrees and acknowledges that any ownership interest buyer has in said item(s) shall then terminate.

In the case of titled vehicles, buyer agrees to promptly return the title for said vehicle to BigIron within 7 days after said vehicle has been considered abandoned by these terms.In the event buyer fails to do so, buyer hereby irrevocably appoints seller as its power of attorney for the purpose of applying for a lost, or other such replacement title, including any associated paperwork needed to obtain such title, so as to allow for the disposition or re-sale thereof.In the event of re-sale, upon receipt by BigIron of such resale amount, any proceeds remaining after the deductions as set forth herein, will be returned to the abandoning buyer, provided BigIron is able to determine a method for doing so.It shall be the duty and responsibility of buyer to keep BigIron updated on buyer’s correct contact information. Buyer agrees to indemnify and hold BigIron harmless from buyer’s failure to timely remove the purchased item(s) as agreed, as well as for buyer’s failure to keep BigIron updated on buyer’s current contact information. BigIron also maintains the right to suspend the bidding privileges of any buyer who does not pick up item(s) 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.

INTERNATIONAL BUYERS

Any buyer registering outside the Continental United States (US) or relying on financial transactions for auction payment outside the US, will be considered an International buyer and subject to the following payment and removal terms:

All payments are required within the 48-hour deadline following the close of the auction via bank wire or a buyer initiated ACH payment and will include the invoice amount plus a $50 processing fee. Payments may also be made by credit card (MasterCard, Visa, or Discover) for Auction purchases less than $5,000, however,a (5%) percent convenience fee will apply to credit card payments. Credit card payments will be administered through a third party, Stripe.com, for BigIron. Stripe.com will receive the card information. To keep financial data secure, BigIron does not store any credit card information on BigIron servers. Bidding and payments are in United States currency (US) and are to be funded by either a US account or a US intermediary account. There are no exceptions or extensions, so plan accordingly for any international holiday that may prevent the buyer from making payment as agreed. Only US holidays that would close US financial institutions are recognized.

Proof of identity and US funded financial contact information may also be required upon successful registration. No changes to invoices for export are permitted following the auction, so accounts need to be established using the same name and address as pertains to the buyer exportation information and sales tax documentation.

If payment is not received as agreed, you are subject to 25% liquidated damages of the final invoiced value and removal from future auctions; as well as loss of the item purchased.

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. Additionally, all disputes must be filed in writing within 14 calendar days of winning the item in auction

All customs requirements or transportation needed for an international purchase needs to be completed within the 14-day removal deadline. Should buyer fail to remove purchase within the specified period, 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 its agents against all damages, liabilities, claims, or causes of action arising out of said property storage and removal. As we are restricted for resale purposes for US based sales only you as an international buyer forfeit rights to the item if not removed as agreed and ownership will return to the seller immediately for disposal at their discretion. 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 regarding 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.

AUCTION PROCEDURE

  • 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.

BigIron reserves the right to prevent, disable, and or suspend users access or use of www.BigIron.com or any of the BigIron family of sites, either on a temporary or permanent basis for any reason, including and not limited to the reasons mentioned previously or for any activity that imposes a risk to the safety or security of our site experience.

LIVESTOCK ADDITIONAL TERMS

  • Descriptions - Percentages used in livestock descriptions to distinguish color, short ears, tails or blemishes on an animal are approximate and for description only.
  • Delivery – All livestock are sold FOB Origin from Shipping Point. Title transfers to buyer once livestock are loaded on carrier and full payment is received and confirmed by financial institution. Any losses in transit shall be the buyer’s liability The buyer must contact BigIron and the Seller within 12 hours of unloading on premises with any disputes.
  • Default of Livestock Buyer – If payment is not made in full, buyer forfeits their rights to any down payment or deposit. Buyer shall be liable for any costs to remarket the animals including damages resulting from a change in the market price.
  • Act of God – Buyer cannot hold Seller or BigIron liable for failure to deliver due to any unforeseen circumstances that cause a major loss of livestock, including death due to disease and natural disasters. BigIron will determine if the Seller’s situation is legitimate and will collect any down payment from seller and reimburse buyer. This shall constitute as the only liability to the seller.
  • Pricing Adjustments – All feeder cattle will be sold on a sliding scale. Freight rates are not guaranteed by BigIron, and no freight adjustment will be given on livestock that weigh below the estimated base weight if merchantable head count is within 5% of contracted head count. Freight adjustments have to be agreed to by the buyer and seller.
  • Payment – Buyer is required to pay for livestock via wire within 24 hours of sale.

Please call 1-800-937-3558 with questions on how to be a Seller or Buyer.