Terms and Conditions
1. Legal Agreement
By accepting the terms and conditions of this auction, you acknowledge that you are entering into a legal and binding contract. You agree to comply with all stated terms and conditions and confirm receipt of all information provided by LiveAg, LLC (from this point forward referred to as LiveAg). By using the platform, both buyers and sellers acknowledge that they will be liable to LiveAg for any costs or fees associated with legal action under the agreement, including attorney’s fees. By entering into this agreement, you certify that you are at least 18 years old and have no legal limitations preventing you from entering into binding contracts.
2. Acceptance
Your registration as a bidder serves as your acceptance of these terms and conditions. LiveAg is not obligated to notify you that your registration has been accepted in order to enforce this agreement.
3. Bidding and Buying
By placing a bid (whether at auction or through the LiveAg Equipment Xchange), you are entering into a binding agreement to complete the transaction if you are the winning bidder.
4. Agents for the Seller
LiveAg and its employees act solely as agents for sellers. Unless otherwise specified, all auctions are conducted with a reserve and may include undisclosed reserve prices unless explicitly advertised as “Absolute.” LiveAg reserves the right to place a reserve bid on behalf of the seller. Only the person making the winning offer will be notified of the status of an accepted offer.
5. Auction Format
LiveAg conducts auctions in various formats, including but not limited to absolute auctions, auctions with reserves, and private treaty sales. It is the bidder’s responsibility to review and understand the specific auction format before placing a bid.
6. Inspection
Bidders are encouraged to personally inspect items or have a third-party representative conduct the inspection prior to bidding. By placing a bid, you agree to accept the item in its current condition and location, regardless of the accuracy of the description provided. Failure to inspect an item before bidding will not be accepted as grounds for disputing payment or refusing ownership.
7. No Warranties
All items are sold “As Is, Where Is,” with no warranties, expressed or implied. Any implied warranties under statute or common law are expressly waived. Buyers accept items in their current condition and hold LiveAg and its employees harmless for any errors or omissions in item descriptions, including but not limited to year, model, condition, features, and engine or machine hours. Photographs and/or videos will be taken in an effort to accurately represent the condition of equipment to the best of LiveAg’s ability.
8. Operational Assessments
LiveAg does not conduct operational assessments or guarantee the accuracy of hours or mileage displayed on meters. Buyers are responsible for verifying such information through inspection.
9. Seller Statements
LiveAg is not responsible for any verbal or written statements made by sellers. Buyers should verify all claims through due diligence before bidding. Failure to inspect or verify does not constitute grounds for a dispute. All bids are final and cannot be retracted.
10. No Returns or Refunds
All sales are final. No returns, refunds, chargebacks, or adjustments will be permitted under any circumstances
11. Payment Terms
Successful bidders must make full payment within 48 hours of a confirmed purchase. Payment must include the total invoiced amount plus applicable fees such as buyer’s premiums, transaction fees, title fees, and sales tax. Payment options include:
- Overnight check via UPS or FedEx
- Wire transfer
- ACH payment
- Credit card payments (MasterCard, Visa, Discover) for purchases under $5,000, subject to a 3% convenience fee
International buyers using non-U.S. financial institutions will incur additional processing fees. Payments must be in U.S. dollars and completed within the specified timeline. LiveAg does not store financial data and ensures all transactions are processed securely.
12. Sales Tax
Buyers are responsible for applicable sales taxes based on state guidelines. Exemption claims require timely submission of valid documentation. Failure to provide necessary tax forms within the payment deadline may delay processing.
12A. All qualifying tax exemptions must be completed with our office within 48 hours of auction closing. No refunds will be provided for tax exemptions received after payment has been made. Please note, not all items qualify for tax exemptions.
13. Licensing and Inspection Costs
Buyers assume responsibility for any government-issued licenses, inspection certificates, or associated costs. LiveAg and its sellers will not provide identification or certificates for licensing purposes.
14. Buyer Default
Failure to pay within the required timeframe constitutes default. Defaulting buyers may face additional fees, including liquidated damages equal to 25% of the final sale price, and may be suspended from future LiveAg transactions.
15. Technical Issues
LiveAg is not responsible for technical issues related to servers, software, or bidding platforms. In the event of technical difficulties, LiveAg reserves the right to extend or restart bidding. Notifications will be sent to registered bidders as necessary.
16. Liability
Buyers are responsible for any personal injury or property damage caused by themselves or their agents during item removal or inspection. Buyers agree to hold LiveAg, its sellers, and employees harmless from any claims of injury or damage.
By participating in LiveAg auctions, you acknowledge and agree to these terms and conditions.