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Terms and Conditions

The following Terms and Conditions, our Privacy Policy, and our SMS terms constitute an agreement (“Contract”) governing your use of the BigIron.com website and its associated services, including those offered through our wholly owned subsidiaries or designated partners. By creating an account and using our services, you agree that you are at least 18 years of age and acknowledge that the terms contained herein are enforceable and binding. You further agree to comply with any laws, regulations, and statutes, both domestic and international, when using our sites and services or those offered by our wholly owned subsidiaries and any of our designated partners.


We also occasionally update our Terms and Conditions and related policies. It’s your responsibility to familiarize yourself regularly with the specifics of this agreement, our additional policies, and any changes to fulfill your obligations as a consumer of BigIron’s services. Your continued use of the service is your consent to this agreement and its enforceability, including but not limited to instances requiring you to acknowledge specific terms or changes digitally.


Definitions for Your Awareness

  • “Bidder, Buyer, You and Your” are terms used to refer to you as the consumer and account holder with BigIron Auctions.
  • “We, Us, and Our” refers to any and all companies or legally registered entities owned by R&M Holdings, including but not limited to BigIron Auctions, BigIron Realty, Sullivan Auctioneers and Sullivan Land Company.
  • “Seller” refers to owner of items ("lots”) consigned to BigIron and offered for sale under a separate agreement.


I agree to the Terms and Conditions of BigIron Auctions, BigIron Realty and any partners using the BigIron Auction platform.

Last updated: Jul 7, 2024.

AUCTION PROCEDURE

  • Register online to get a bidding number (pre-existing users will need to sign into their accounts).
  • Buyers are encouraged to contact Sellers to inspect items and collect greater details or disclosures on items prior to the auction.
  • Highest bidders will need to settle any open invoices within 48 hours after the conclusion of the auction.
  • We reserve the right to revoke any bid number at any time, even during the auction.
  • Items may be removed from the auction site or Seller’s premises upon presentation of paid-in full invoice from us.

BIDDING AND BUYING

By placing a bid or making an offer (“Marketplace”) in good faith, you are entering into a binding agreement to complete any transactions in accordance with the specific terms if you are awarded the item with the winning bid or accepted offer.

SPECIAL TERMS OF SALE

Certain auctions or items offered for auction or sale by BigIron, our wholly owned subsidiaries, or any official partner sites may include terms outside these Terms and Conditions.  Special terms of sale may be published online or announced and include but are not limited to changes affecting timelines or methods for payment, application of buyer’s premiums, transaction fees, title fees, deposit or prepayment requirements, or item removal and collection deadlines, etc.  Any published or announced special terms are enforceable and may supersede (replace) the specified provisions of our Terms and Conditions. Special terms do not void or affect the enforceability of this agreement and are in addendum to any unchanged portions.

AUCTION FORMAT

We conduct auctions under multiple formats, including but not limited to absolute, with reserves, multi-parcel, and private treaty. It’s your responsibility to review the specific auction format prior to bidding. Regardless of auction format, bidding on behalf of Sellers and buybacks are not 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 our shill bidding policies.

WARRANTIES – ITEMS SELL WITHOUT WARRANTIES

To the fullest extent permitted by law, the sites, services, and items sold on or through the BigIron website 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, and are sold strictly on an “as-is, where-is” basis. While every effort is made to represent or convey descriptions of items accurately, any verbal and written information or digital imagery are meant to be used only as guides and not guarantees.

NO OPERATIONAL ASSESSMENT IS PROVIDED BY BIGIRON

We do not test or complete operational assessments on items sold in auctions. With vehicles or equipment, we only report hours and miles that are shown on the meter at the time of listing for auction and make no guarantee that the miles or hours shown on meters are exact.

BIGIRON IS NOT RESPONSIBLE FOR VERBAL OR WRITTEN SELLER STATEMENTS

We are not responsible for statements, written or verbal, made by Sellers. You should carefully validate all such statements by inspecting the item prior to bidding. Failure to inspect the item is not grounds for dispute. As a bidder, it’s your responsibility to complete and use your due diligence prior to bidding, as no bids will be retracted. There is no refund for any reason. You are fully aware there is no recourse to rescind or abrogate the transaction after becoming the highest bidder.

BUYER RESPONSIBILITY TO INSPECT AND DETERMINE SUITABILITY FOR USE

It is your responsibility to inspect any items prior to bidding to assess operational condition and suitability for use. We provide Seller contact information and item locations as part of our listings for any items offered for sale. BigIron is not responsible for, nor does it guarantee, Bidders’ inspections. You are responsible for contacting Sellers directly to arrange inspections before bidding. In no event does your failure to contact Sellers or arrange inspections of items prior to bidding serve as grounds for collapsing sales, rescinding transactions, or requesting rebates or refunds.

FAILURE TO INSPECT

Failing to inspect items prior to bidding is not grounds for disputing payment or refusing to take possession of purchased items.

SETTLEMENT / PAYMENT

Unless otherwise specified in Special Terms of Sale, you as a successful bidder are responsible for making full payment within 48 hours following the close of the auction and arranging removal of the item after payment has been received. Full payment includes invoiced values of items plus fees, including Buyer’s premiums, transaction fees, title fees and any sale taxes due (when applicable).

After the entire auction is completed and processed, winning bidders will receive an email notice with instructions on viewing their invoice online. Notifications related to invoicing are sent to the email supplied to BigIron by bidders. We are not responsible for invoice notifications returned as undeliverable or that may be lost or blocked due to filtering features outside of our control. If you do not receive an expected invoice before the end of our auction business day, contact us immediately for assistance with obtaining access to your invoices. Payment instructions, options, and deadlines are provided on invoices.

All payments are to be made to BigIron Auction Company by check with bank verification, wire transfer, or ACH payment and must be made in U.S. Dollars. Check payments made by courier must be postmarked within 48 hours of the close of the auction.

Payments can be made by credit card (MasterCard, Visa, or Discover) for Auction purchases less than or equal to $5,000. However, a 3% 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.

Payments can be made by BigIron initiated ACH for Auction purchases less than or equal to $15,000. ACH payments are administered through a third party, US Bank, for BigIron. US Bank will receive the banking information.


International Buyers and Payments

If you are an international Buyer residing outside of the Continental United States (U.S.) and making payment through a non-US financial institution, additional fees are assessed with your payment. Bank wires and ACH payments will include the invoice amount plus a $50 processing fee. If you choose to pay using a credit card (MasterCard or VISA) a 5% percent convenience fee will apply to credit card payments.

Payments are in United States currency (USD) and are to be funded by either a United States (U.S.) account or a U.S. intermediary account. There are no exceptions or extensions, so plan accordingly for any international holidays that may prevent you from making payment as agreed. Only U.S. bank holidays that would close U.S. financial institutions are recognized.

Proof of identity and U.S. 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.

BigIron does not store any account-related information on our servers to keep financial data secure. Also, by choosing to use your credit or debit card to make payment online, you agree that you are authorizing a card not present transaction for the specified amounts and agree to pay your card issuer pursuant to your cardholder agreement.

SALES TAX

You are responsible for all applicable sales tax on items purchased through our auctions. 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, you are responsible for obtaining, completing, and forwarding all necessary forms from the taxing jurisdiction (e.g., city, county, state). All tax documentation must match your account details and invoices cannot be changed after the auction has closed.

Sales tax can only be cleared from your 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. Failing to submit all sales tax or clearing sales tax with the appropriate forms at the time of payment will prevent your invoices from being marked as paid.

LICENSES

You, as the Buyer, assume all responsibility for government-issued licenses and/or inspection certificates and all required or associated licensing and inspection costs. Further, you agree not to use any identification, trade name, licenses, and/or certificates belonging to or used by the Seller or BigIron.

FAILURE TO PAY/BUYER PAYMENT DEFAULT

If you fail to make payment for any reason, thereby defaulting on your purchases, you agree that you may be subject to collection of the total purchase price and any associated commissions, premiums, 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 your account being suspended from participation in all future auctions.

CERTIFICATE OF TITLE INFORMATION

You appoint BigIron as your agent to accept delivery of the properly executed, marketable state-issued Certificate of Title with recorded liens properly released. We will contact you via email on the day of and after the auction regarding titling information. We require all title information, including name(s) and complete address, to be communicated through email or any other written form for our records. All titles will be endorsed as directed, and no open titles will be issued. We send titles via certified U.S. Mail or equivalent and no sooner than fourteen (14) days after receipt of your full payment, unless otherwise noted in the item description, regardless of payment type. A $35 title processing fee is charged to you, the Buyer, on all titled items. We are not responsible for any lost titles.

EQUIPMENT REMOVAL

You agree to remove any purchased items from a Seller’s location within fourteen (14) calendar days of winning the bids. Transportation, and all associated costs, will be borne by the buyer. You or your designated agent is responsible for arriving with a paid-in-full invoice and any equipment to transport any items safely.

Should you fail to remove your purchased items within the specified period, Sellers (or BigIron) may charge a storage fee of $25 per day unless designated otherwise (e.g., Special Terms of Sale). All such charges shall be the sole responsibility of you, the Buyer, and paid directly to the party storing any items.

If the transportation equipment is considered unsafe, Sellers have the right to turn you or your designated agent away without your purchased items at your expense. If you fail to remove any items within thirty (30) days, your items will be considered abandoned (see Abandonments).

RISK OF LOSS

It’s your responsibility, as a Buyer, to pick up or arrange pick up of items purchased in an auction within fourteen (14) calendar days of winning the bid. Sellers are responsible for maintaining items sold in auction in the same condition as when listed until the earlier of (a) fourteen (14) days of the winning bid or (b) you, the Buyer, or your designated agent picks the item up from the designated location. Thereafter, the items shall be and remain at the risk of you or your designated agent and 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.

ABANDONMENTS

If you fail to remove any purchased items within thirty (30) calendar days of your winning bids, you stipulate and consent to the fact that said purchased items are considered abandoned.

If the sale price of the abandoned items is $500 or less, Sellers may dispose of items at their sole discretion, as they see fit, without renumeration of any kind to you. If the sale price of the abandoned items exceeds $500, you and the Seller agree that items will be placed for sale in the next BigIron auction.

In the case of titled vehicles or items, you agree to promptly return the title for said vehicle to us within seven (7) days after the titled items are considered abandoned by these terms. In the event you fail to do so, you hereby irrevocably appoint the 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, to allow for the disposition or re-sale thereof.

In furtherance thereof, you hereby irrevocably appoint the original Sellers as power of attorney for the purpose of re-listing and re-selling the abandoned property. In such case, you consent to, and agree that all storage fees, handling costs, sales commissions, and a 20% administration fee for the re-sale of the items will be deducted from the final sale price and authorize us to make such deductions. In the event of resale, upon receipt by us of such resale amount, any proceeds remaining after the deductions as set forth herein will be returned to the abandoning Buyer, provided we can determine a method for doing so.

When you enter into a separate storage agreement with Sellers, the agreement is between you and the Seller. BigIron is not responsible for resolving any subsequent conflicts or disagreements that arise between you and the Seller.

DISPUTE HANDLING

BigIron’s online listing details (the “Online Listing”) are solely for the purpose of reporting on the visible condition of an item's major systems and attachments on the day of inspection and do not include load testing or digging/lifting. They are NOT intended to detect latent or hidden defects or conditions that could only be found by dismantling the item or use of diagnostic equipment or techniques. In no event shall BigIron be liable for not identifying those or any other defects.

If you discover that a piece of equipment purchased by you is not substantially in the condition as represented in the Online Listing and you are within the Eligible Dispute Period specified below, you may contact our Customer Service team at 1-800-937-3558 to obtain a dispute form and submit a written dispute ("Dispute Claim") to BigIron. To be considered, the Dispute Claim must be (a) in writing, (b) within the Eligible Dispute Period, (c) delivered to BigIron as specified herein, and (d) satisfy the Dispute Conditions below. A deductible in the amount of USD $500 will be applied to any settlement of a Dispute Claim.

Eligible Dispute Period. For a Dispute Claim to be considered, you must review the item and submit a Dispute Claim prior to the  first occurrence of any of the following:

  • Passage of Time – Fourteen (14) calendar days after the date of the sale.
  • Self-Transported Items (e.g., vehicles or self-transported items) - At the time the item leaves the point of pick-up at the Seller's location. You are encouraged to examine the item thoroughly prior to removing it from the location. In the event you notice a dispute issue at the time of pick-up, do not remove the item from the Seller’s location and contact BigIron’s Customer Experience team.
  • Transported via Common Carrier – Items delivered to the Buyer's designated location, subject to Passage of Time provisions above.
  • Export - At the time an item leaves the relevant port of export, if the item is to be delivered outside the country where the item is located, subject to the Common Carrier provisions above.
  • Disassembly - At the time you or your agent or representative begins disassembly of item from its "as-inspected" configuration, including disassembly for transport.
Any Dispute Claim submitted after the Eligible Dispute Period will not be considered.

Dispute Conditions. Dispute Claims are subject to the following conditions:

  • All documents requested by BigIron to process or verify a Dispute Claim must be returned within two (2) business days from the date the initial request is sent from BigIron.
  • Ownership of the item shall not have been transferred to another buyer.
  • The item must be available for immediate re-inspection by BigIron upon request.
  • Until a Dispute Claim is resolved, the item may not be used, rented or leased and no changes to the condition of the item such as repairs or disassembly may be made. Notwithstanding the foregoing, you may move the item around the lot, load/unload the item, and operate the item to verify the reported inspection condition after receipt of the item; provided however that such operation does not result in the use of the item for more than the lesser of (a) three (3) hours or (b) five (5) odometer miles from what is reported in the Online Listing.
  • BigIron shall not be responsible for Dispute Claims filed due to changes in the item’s condition as a result of exposure to the elements, including damage that occurs during transportation.
  • Only substantial inaccuracies in the Online Listing are covered. Specific items that are not covered include (a) conditions that can be identified only through the operation of a machine on a job site or under load capacity (e.g., digging, pulling, lifting, etc.), (b) operating the machine through the full range of speeds required to evaluate all forward and reverse gears, (c) replacement or addition of attachments to the machine, (d) disassembly, (e) use of diagnostic or test equipment to evaluate characteristics such as engine compression, and (f) electrical systems, hydraulic systems, and leaks of any kind (including fluid and tires), and (g) cosmetic damage which does not impact the performance or standard operation of the item.
  • BigIron makes no guarantees as to the actual hours/miles on items. BigIron can only report what can be visually observed.

Adjudication of Dispute Claims. BigIron, in its absolute discretion, will determine whether a dispute exists and whether there is cause for further investigation. BigIron shall be solely responsible for the review and adjudication of any Dispute Claims. All determinations made by BigIron shall be final. Refusal to take possession of a unit once a dispute has been closed will result in forfeiture of the purchase price or twenty-five percent (25%) liquidated damages at BigIron’s sole discretion.

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.

SHILL BIDDING

You agree to never engage in activity that is intended to deliberately drive or increase the price of goods you are selling or collude with others to do the same (“shill bidding”). Furthermore, you will not use your account or an alias account to collude with others to place shill bids on the behalf of any Sellers for items they may be selling.

BigIron investigates all suspected cases of shill bidding and Seller buybacks. If BigIron determines that shill bidding or a buyback occurred, we will suspend all parties from participating in future auctions and the offending parties will be subject to twenty-five percent (25%) liquidated damages and all remedies outlined in the UCC, section 2-238. Unpaid liquidated damages are subject to legal action.

ACCESS AND USE OF BIGIRON WEBSITES

Due to the nature of technology, its variances, and the potential for circumstances beyond our control, we cannot guarantee uninterrupted, secure access to our website or any site directly affiliated with our company. We are 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.

We reserve the right to prevent, disable, and or suspend user access or use of 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 violations of any of provisions of this agreement or for any activity that imposes a risk to the safety or security of our site experience.

INFORMATION AUTHENTICATION AND REGULATORY COMPLIANCE

BigIron complies with federal and economic trade policies and, therefore, reserves the right to authenticate your account information or transaction details through or against information provided by third parties for accuracy or compliance reasons. As such, you are responsible for periodically accessing your account to ensure your account information remains current. Any failure to do so may result in interruptions in service or access to our sites or services.

INDEMNITY AND BIGIRON

You, the Buyer, agree to indemnify and hold harmless BigIron, any subsidiaries thereof, and designated agents and partners against all damages, losses, liabilities, claims, or causes of action that may arise out of your use of our website, products, or services or your inability or violation of the terms or requirements contained in this agreement. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL BIGIRON OR SELLER BE LIABLE FOR ANY SPECIAL, INDIRECT, PUNITIVE, COVER, INCIDENTAL OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED, WHETHER IN CONTRACT OR TORT OR UNDER ANY OTHER THEORY OF LIABILITY, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS OR SALES, ANY LOSS OF GOODWILL OR REPUTATION, OR THE COSTS OF SUBSTITUTE GOODS OR SERVICES, EVEN IF BIGIRON OR SELLER, OR AN AUTHORIZED REPRESENTATIVE THEREOF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Further, you waive and release BigIron from and against any liability, claim, demand, or expenses arising out of or related to any items, expressly including without limitation any assertions of misrepresentation, negligence, or breach of contract or warranty. You agree not to join in any legal action or proceeding arising directly or indirectly out of the condition of items or alleged representations thereto and further agree to approach Sellers with respect to items of this nature. If you fail to comply with this provision, you will be responsible for all costs, expenses, and fees, including attorney fees, BigIron incurs in defense of such claims.

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 all objections as to venue, inconvenient forum, and the like.

In addition, you will be responsible for any and all court costs, attorney fees, or other related cost or expense of any nature and wheresoever incurred by BigIron should your claim or legal dispute be brought outside the venue or jurisdiction as set forth in these Terms and Conditions.

SEVERABILITY

If any provision of these Terms and Conditions is held to be illegal, invalid, or unenforceable under any present or future law: (i) such provision will be fully severable; (ii) this Contract will be construed and enforced as if such illegal, invalid, or unenforceable provision had never comprised a part of this Contract; (iii) the remaining provisions will remain fully valid and enforceable.

LIVESTOCK

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 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 of contracted head count. Freight adjustments have to be agreed to by the buyer and seller.

Winning Bids - All livestock sales are subject to final approval by the Seller. At the close of auction, the Seller will review and confirm acceptance of high bids received on Seller’s lots. Buyer will be notified of Seller’s decision on all sales including, Seller’s confirmation of the sale, election of a No Sale with an option for a one-time roll into the next auction, or election of a No Sale/Scratch on the sale.

Payment – Buyer is required to pay for livestock via wire within 24 hours of the sale on feeder cattle and 48 hours of the sale on breeding.

Disbursement of Funds - When Seller’s livestock is sold and the transaction closes satisfactorily, as determined in BigIron’s sole discretion, and all other conditions of sale have been met, BigIron will disburse any monies due to Seller on such terms and conditions as provided herein, within 5 business days after the date of sale. In the case of feeder cattle, disbursement of monies will be within 5 business days of sale on a quick shipment (3-7 days) or after the title transfer of animals. On a deferred delivery (8-90 days), BigIron will collect a minimum down payment of $100/hd. from buyer with $50/hd. advanced to Seller and $50/hd. held in a custodial account until final settlement.

BI-BTC | 07.07.24