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 and selling 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. These Terms and Conditions are a legally binding agreement between you and Great Plains Auction, LLC. Use of the Great Plains Auction website at www.greatplainsauction.com (“Site”) will be considered acceptance of these Terms and Conditions. If you do not wish to be bound by these Terms and Conditions, please do not use the Site. All Bidders must be 18 years of age or older to register and be in good standing with Great Plains Auction in order to bid on items listed. Great Plains Auction reserves the right to remove a bidder for not complying with the Great Plains Auction Terms and Conditions prior to bidding or during the auction process, if needed.
The following terms are defined for use in this agreement, and their meaning in this agreement is limited to the given definition.
- You, Bidder, Your, Buyer and User: These terms refer to you.
- Great Plains Auction, We, Us, the Company and Our: These terms all refer to Great Plains Auction, LLC.
- Seller: refers to one or more sellers utilizing the Site to market assets.
Bidder Duties and Responsibilities:
Bidders agree to keep their Bidder name and password confidential and are solely responsible for any activity generated utilizing their Site bidding account.
When using the Site, you must obey all applicable federal, state and local laws. Any use of the Site that violates any applicable laws will be grounds for discontinuing your rights to the Site. The Site was created and will be operated from the United States.
Users may not engage in fraudulent, deceptive or intentionally disruptive or malicious activity of any kind.
Users are prohibited from engaging in activity that compromises the Site. Such activities include, but are not limited to, hacking, distribution of malicious software, spamming, mailbombing or crashing.
Users may not engage in any activity designed to impede the use of the Site by other users. Users are prohibited from engaging in any activity that jams the Site, including overloading and flooding.
Users are prohibited from framing or deep linking into the Site.
Any access to the Site by means of any process, including but not limited to, manually scraping, spiders, bots or any similar devices, is prohibited unless Great Plains Auction consents to such use in writing.
Anyone duplicating the pages, modifying the Site, or the content of the Site, must have written permission, prior to his or her activity, from Great Plains Auction.
You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction conducted on our Site. You may not take any action which imposes an unreasonable or disproportionately large load on our infrastructure. You may not disclose or share your password with any third parties or use your password for any unauthorized purpose. You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our pages or the content contained herein without our prior written permission. You agree that you will not use any device, software or routine to interfere with the proper working of the Site.
WARRANTIES – EQUIPMENT SELLS “AS IS, WHERE IS”
GREAT PLAINS AUCTION, LLC. (GREAT PLAINS AUCTION) AND SELLER FURNISH ALL AUCTION ASSETS TO BUYERS AS IS, UNSUPPORTED, WITHOUT WARRANTY OF ANY KIND. GREAT PLAINS AUCTION AND SELLER DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CONSUMER RIGHTS VARY FROM STATE TO STATE. CERTAIN STATES INCLUDING ALABAMA, CONNECTICUT, KANSAS, MAINE, MARYLAND, MASSACHUSETTS, MINNESOTA, MISSISSIPPI, NEW HAMPSHIRE, VERMONT, WASHINGTON, AND WEST VIRGINIA, LIMIT WAIVERS OF IMPLIED WARRANTIES. THE DISCLAIMERS AND EXCLUSIONS WILL NOT APPLY TO THE EXTENT CONSUMER WARRANTY EXCLUSIONS AND PROHIBITED BY APPLICABLE LAW.
While Great Plains Auction makes every effort to represent the equipment to the best of our knowledge, Great Plains Auction 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. Great Plains Auction Representatives are not professional photographers. Photos may or may not depict all the good and bad ASPECTS of items.
Assets are sold in their actual current condition, with all faults and defects, and with all errors of description. Great Plains Auction’s liability to a purchaser will never exceed the purchase price actually paid for an asset.
Bidders accept all auction assets with all faults, whether immediately apparent or not. Bidders are responsible for ascertaining actual current condition through personal inspection and careful review of the description, pictures, video and/or support documentation. Every bidder agrees that his or her decision to bid and the amount he or she bids have been based solely on his or her own independent inspection and evaluation of the auction assets.
Bidders are strongly advised by Great Plains Auction to take care to satisfy all questions or concerns about the auction process, bidding process or auction assets before placing a bid. Inspection and contact information for the seller of every asset is posted in the item details for that asset.
If the pictures displayed with descriptions do not appear to match, contact email@example.com or call 580-454-6609 to report the auction date and item number.
Buyers are responsible for the cost of auction asset mobilization, disassembly, rigging, transport, insurance and all other costs related to physical transfer of auction assets from their location at the time auction bidding ends. Please review the following information carefully and contact us if you have any questions or require further clarifications.
NO OPERATIONAL ASSESSMENT IS PROVIDED BY GREAT PLAINS AUCTION
No testing or operational assessments have been made on items sold in a Great Plains Auction. Great Plains Auction 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 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 Great Plains Auction’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 Great Plains Auction’s sole discretion.
GREAT PLAINS AUCTION IS NOT RESPONSIBLE FOR VERBAL OR WRITTEN SELLER STATEMENTS
Great Plains Auction 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.
All items are sold as is,” “where is,” “as available.” Great Plains Auction makes no warranties or guarantees on items sold on Great Plains Auction. Great Plains Auction, 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. Disputes received in the Great Plains Auction office later than 14 days after sold in the auction will not be considered. Great Plains Auction, 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 fifteen (15) calendar days of winning the bid. The seller is responsible for maintaining items sold in auction in the same condition as when listed, for fifteen (15) 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 fifteen (15) 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.
ABANDONED ASSET POLICY
Great Plains Auction may declare an asset abandoned when a buyer fails to make full payment by the stated payment deadline or when a buyer fails to remove an asset from the auction site by the stated removal deadline. When Great Plains Auction declares an asset abandoned, it may take the following steps in its sole discretion:
- Great Plains Auction may resell the asset in an upcoming auction on the buyer’s behalf for an additional administrative fee of 20% of the original invoice price (minimum $1,000 fee) and account for the resale as follows:
- Net proceeds, if any, will be released to the buyer, calculated as the resale bid price collected plus any amounts paid by the buyer against the original invoice, less all administrative and storage fees accrued.
- If the resale bid price collected plus amounts paid by the buyer against the original invoice are insufficient to cover the buyer's administrative and storage fees accrued, the deficiency will continue to be owed by the buyer, and Great Plains Auction and the seller will retain all legal remedies to obtain that deficiency.
- Net proceeds may be retained and used by Great Plains Auction to offset any amounts owed by the buyer related to other past or pending purchases or sales of assets by the buyer or a related party.
- Where the original invoice price is < $2,000, Great Plains Auction may allow the seller to retain or dispose of the asset, declare the buyer’s rights to the asset immediately terminated, and retain all payments by buyer as liquidated damages.
UNRESERVED AUCTION TERMS
Great Plains Auction will conduct an absolute auction, unless otherwise noted as Reserve. 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 Great Plains Auction shill bidding policies. Great Plains Auction will investigate all suspected cases of shill bidding or seller buybacks. If Great Plains Auction determines that shill bidding or a buyback occurred, Great Plains Auction 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.
As a Great Plains Auction 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 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.
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 Great Plains Auction. The buyer is responsible for all applicable sales tax on items purchased in an 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 Great Plains Auction. 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 Great Plains Auction. Payment in full includes the payment of all applicable sales tax or the submission of all appropriate sales tax exemption forms
BID RESCISSION AND REJECTION
Great Plains Auction reserves the right to rescind or reject any and all bids.
Buyers agree not to retract any bid they place on the site.
A 8% buyer’s premium will be added to all winning bids, resulting in the total purchase price.
Great Plains Auction has full discretion to modify the date and time, order, and details of the sale of any asset or conduct of any auction for any reason or no reason at all, including but not limited to technical issues, emergencies, and convenience of Great Plains Auction or the seller.
OWNERSHIP OF THE SITE
The Site is owned and operated by Great Plains Auction, LLC. in Lawton, Oklahoma. The content on the Site includes, but is not limited to text, graphics, logos, audio and video clips, software server information, and anything else hosted on or delivered through this Site. All rights to our content, services, and server information are reserved and are the sole property of Great Plains Auction, LLC.
All copyrighted materials presented directly on the Site or linked by the Site remain property of their respective owners.
Relationship Between Great Plains Auction and Sellers
Great Plains Auction is an exclusive agent of the sellers using the Site. Great Plains Auction almost never evaluates the quality of the items auctioned on the Site or verifies any claims made by each seller regarding its items.
The trademarks and service marks found on the Site are property of Great Plains Auction or their respective owners, whether registered or unregistered. Neither Great Plains Auction nor the owners grant you permission to use these trademarks or service marks. You should not interpret anything in the Site as granting a license or right in these trademarks. Licenses should not be considered granted on theories of implication or estoppel. The “Great Plains Auction” logo and the trademark “Great Plains Auction” may not be used in any way without express written permission from Great Plains Auction.
Any content contained within the Site is covered by Great Plains Auction’s registered copyright or by the respective copyright holders. Great Plains Auction does not release its legal copyrights in any way, either by implication, estoppel or otherwise. Any attempt to modify or subvert the content of the Site is a violation of Great Plains Auction’s copyright. This copyright extends to the software programs and the source codes contained within the Site.
RIGHTS AND RESPONSIBILITIES
Great Plains Auction is not responsible for and expressly disclaims liability for any indirect, incidental, consequential or punitive damages. Great Plains Auction disclaims any express or implied warranties, any warranty of merchantability, warranty of fitness for particular purpose, or warranty of non-infringement.
This is an As-Is Site. You accept that you use the Site to your own risk and without any guarantees or promises from Great Plains Auction or its sellers. This includes the functionality and operation of the Site. Great Plains Auction does not guarantee that the Site will be operational 100% of the time.
Great Plains Auction does not guarantee that you will always be able to access the auctions listed on the Site. The Site is usually available 24 hours a day, 7 days a week. However, we retain the right to make the Site unavailable from time to time for any reason or no reason. We shall not be liable for any damages arising from any interruption, suspension, or termination of the Site.
Great Plains Auction, in its sole discretion, may terminate access for any reason to our Website. Great Plains Auction, in its sole discretion, may terminate your registration to bid and bidder account. You guarantee that the information you supply to Great Plains Auction is accurate. Users agree to indemnify and hold Great Plains Auction harmless from any lawsuit based on users’ negligence or activities.
Jurisdiction and Choice of Law Provisions
The Site is governed by the federal laws of the United States of America and the laws of the state of Oklahoma. All disputes concerning the Site shall be adjudicated in Comanche County, Oklahoma.
JURISDICTION AND VENUE
In any matters in which Great Plains Auction and/or any of its employees, officers, directors, shareholders, agents or assigns is made a party, the law of the State of Oklahoma shall apply, without regard to its law pertaining to conflict of laws, and any dispute shall be decided in the courts of Comanche County, Oklahoma. All claimants consent to the personal jurisdiction of those courts. Auctioneer may waive any provision of these Terms and Conditions, but only in writing. No such waiver shall affect any other provisions of these Terms and Conditions, nor shall it amount to a permanent waiver of that particular provision.
Updated: June 28th, 2023