1 Acceptance of these terms
These Terms and Conditions are a binding agreement between you and Equip-Bid.com, Inc. ("Equip-Bid", "we", "us"), and they govern your use of the Equip-Bid.com website and services, whether you are a bidder, a seller, or a visitor. This is an online-only auction marketplace, bound by the legal rights and remedies of the state in which a given auction occurs. By registering, placing a bid, listing items, or otherwise using the site, you agree to these terms and to our Privacy Policy. Do not bid if you cannot agree to these terms, or if you are not able to pay for and pick up your items within the terms of the auction.
You must be at least 18 years old to use Equip-Bid. In addition to these site-wide terms, every auction has its own auction-specific terms, set by the seller and shown on the auction, covering matters such as removal, special fees, and any returns. By bidding you agree to both these terms and the auction-specific terms.
In these terms, a Seller is the independent auction business that presents an auction on the site. The Auctioneer means Equip-Bid or the Seller conducting a given auction. A Bidder who wins an item is also called a Buyer.
2 Our role as the venue
Equip-Bid maintains the Equip-Bid.com website and provides the venue that independent Sellers use to present their auctions to bidders. Sellers are not employees, agents, representatives, or partners of Equip-Bid. Our knowledge of any individual auction or transaction is limited to the information shown on the website.
Questions about a specific auction or item must be directed to the Seller conducting that auction. The auction-specific terms shown on each auction identify the Seller and how to reach them. Any contract of sale for a won item is between the Buyer and the Seller.
3 Registration and accounts
All bidders must register and provide a valid payment card before bidding. Providing false or inaccurate information at registration or at any time is a material breach of these terms. By registering or bidding, you agree to be bound by these terms and by any auction-specific terms.
You receive a unique bidder number when you register, and you are responsible for keeping your contact information current. You choose a password, which is encrypted and known only to you, and you are responsible for keeping it secure. You are accountable for every bid placed under your bidder number.
4 Bids and bidding errors
When you place a bid you are making a binding offer to purchase the item for that amount. Bids cannot be deleted or retracted, and if you receive a winning bidder invoice you are required to honor it. Some items are sold by quantity, where you bid a price per unit and your total for that item is the unit price multiplied by the quantity you win.
Review every bid before you submit it. The Auctioneer will not assume that any bid, even one that raises your own bid, was a mistake, because bidders often raise their own bids on purpose. If you make a bidding error, such as raising your own bid or entering your bidder number in the price field, you must report it by email to support@equip-bid.com before the auction begins to close. Phone reports are not accepted, and errors reported after an auction begins to close will not be undone.
5 Account security and fraud
You are responsible for all bids made from your account. If you believe someone has gained unauthorized access to your account, notify us immediately at support@equip-bid.com, report the incident to law enforcement, and send us a copy of any resulting police report. If you do not promptly report suspected fraud to us and to law enforcement, you may be held responsible for all purchases made through your account.
6 Changes to an auction
Auctions may change without notice. The Auctioneer may, at any time, add or remove items, split or combine items, add minimum bids or reserves, cancel, suspend, extend, or reschedule an item or auction, change closing, inspection, or removal times, or take any other action needed for the fair conduct of the sale or to protect the interests of buyers, sellers, or others. If a Seller withdraws an item before the auction closes, the Auctioneer may keep the item listed and buy it back on the Seller's behalf to preserve Equip-Bid's earned platform fee and buyer's premium.
7 Fees, buyer's premium, and taxes
If you win an item, your total includes the hammer price, a buyer's premium, a per-item fee, any special fees, and applicable sales tax.
The buyer's premium is a percentage of the hammer price and applies to every item sold on Equip-Bid. The per-item fee is a flat charge that applies once for each item you win. These are Equip-Bid's charges, they are the same across the marketplace, and their current amounts are listed in our Fee Schedule and shown on each item and at checkout before you bid.
A Seller may also add special fees, such as removal, handling, or shipping. A special fee can apply to a single item or to your whole invoice. Item-level special fees are shown on the item, and invoice-level special fees are shown on your invoice. Sales tax is calculated by Avalara based on the auction's jurisdiction and added to your total, unless you complete the required exemption documentation before taking possession of the items.
The sale price of an item is the hammer price plus the buyer's premium. The amounts that apply to any purchase are those disclosed on the item and at checkout when you bid and shown on your invoice. We may change our fees from time to time. Changes take effect when posted in the Fee Schedule and apply only to bids placed after that time. They never change the amount owed on a bid you have already placed.
8 Payment
Payment is due immediately when an auction closes. By bidding, you authorize Equip-Bid and our payment processor, Stripe, to charge the payment card on file for the amounts you owe, including the sale price, fees, taxes, and any cancellation or no-pay fees stated in the auction's terms.
When you register we may place a small temporary authorization on your card to confirm that it is valid. As your bids rise, we may place a refundable authorization hold to confirm available funds. After an auction closes, you have a short window to complete payment yourself, after which we may charge your card on file automatically.
Equip-Bid sets a maximum amount that can be charged to a credit card, shown at checkout and in our Fee Schedule. Invoices up to that limit are charged automatically to your card on file after the auction closes. Invoices above the limit cannot be paid by credit card and must be paid another way, such as a wire transfer or, where the auction allows it, an onsite method like cash or a cashier's check. Whether onsite payment is available is set by the seller for each auction.
9 Default and non-payment
If you are declared the winning bidder and do not pay for an item, your account will be in default. The Seller may resell the item, and you agree to pay any costs of the resale and any shortfall between your winning price and the resale price. Any cancellation or no-pay fees are those stated in that auction's terms.
Regardless of an individual auction's terms, Equip-Bid may charge the card on file for amounts you owe, and may suspend or permanently ban any bidder who defaults or commits fraud anywhere on the site. Placing bids through another account or otherwise evading a ban is fraud. These remedies are in addition to any others available under the auction's terms or applicable law.
10 Closing, reserves, and soft close
Each auction has a scheduled closing time, and each item begins closing at the time shown for it.
Reserves
Some items have a reserve, a minimum price that must be met for the item to sell. The item shows whether the reserve has been met. A Seller may lower a reserve before or after an auction closes. If a reserve is lowered after close, the highest bidder at close receives the winning bidder invoice.
Soft close
If a bid is placed in the final minutes before an item is set to close, the closing time extends and the countdown resets. The item does not close until the extension passes with no further bids. The length of the extension may vary and is shown during bidding.
11 Website interruptions
We work to keep the website reliable, but access can be affected by factors outside our control. If the site becomes inaccessible during a closing, the following may apply: auctions that closed before the interruption stay closed and invoices go out; auctions in the process of closing may be reopened and extended by 24 hours, with items that had closed reopened and the prior high bidder leading; auctions scheduled to begin closing during the interruption, or within 15 minutes after the site returns, may have their closing extended by 24 hours; and auctions scheduled to close more than 15 minutes after the site returns will close on schedule. For any situation not covered above, Equip-Bid will make the final determination of how the auction is handled.
No software or system can be guaranteed entirely free of error or interruption. Equip-Bid does not guarantee constant, uninterrupted availability of the website, and is not liable for damage arising from technical errors, including bids that are not received, not received in time, or not considered as a result of such errors.
12 Winning invoices
Bidders are notified of successful bids within a few hours of the scheduled close, through a winning bidder invoice on their Dashboard. Buyers are responsible for monitoring their Dashboard and meeting the terms of each invoice. When an auction closes, the sale becomes a binding agreement between the Buyer and the Seller: the Buyer must purchase the item, and the Seller must sell it, for the high bid plus the buyer's premium and all applicable fees and taxes.
13 Condition labels and inspections
When Equip-Bid or a Seller inspects and grades items, you may see condition labels such as Factory Sealed, Appears New, Open Box, Damaged, or Partial or Incomplete. These labels describe what was observed and are a guide, not a guarantee, and not every auction uses them.
Descriptions and photographs are provided to help you, and we make every effort to keep them accurate, but we do not guarantee them. Items may appear grouped in a photograph without forming a single item, and on occasion the wrong photograph may appear. You are always bidding on the item as described, not as it appears in a photograph.
You are responsible for determining an item's value and condition, and for any due diligence you need before bidding. Use any inspection the Seller offers. Any return right for an item, if one exists, is set by that auction's terms.
14 Returns and all sales final
All items are sold as-is, where-is, and with all faults. Equip-Bid makes no warranty or representation, express or implied, as to the condition, authenticity, completeness, merchantability, or fitness for any purpose of any item.
All sales are final unless that auction's specific terms provide a return right. Where an auction offers returns, the conditions and time limits are stated in its terms. A change in intent, failure to read the terms or description, or failure to collect items in time does not entitle you to a refund.
If you attempt a chargeback on a valid purchase rather than working with us to resolve the issue, you will be responsible for the costs and reasonable attorneys' fees Equip-Bid incurs to dispute it, including any related litigation or dispute-resolution costs.
15 Pickup, removal, and risk of loss
Pickup and removal are run by the Seller, and the removal date, time, and location are stated in the auction's terms. Do not bid if you cannot remove your items at the scheduled time unless you have arranged otherwise with the Seller. Sellers are not obligated to provide alternative removal times or shipping.
Equip-Bid or the Seller may charge reasonable storage costs, or treat uncollected items as abandoned, as stated in the auction's terms. Abandoned items may be forfeited along with amounts paid, and you remain responsible for amounts owed and for the costs associated with delinquent or abandoned items. If you fail to attend removal without prior arrangement, you may lose claim to your items, and the Auctioneer will decide how unclaimed items are handled, which may include offering them to the next highest bidder.
Ownership and risk of loss pass to you when you pay your invoice in full, or at pickup, whichever happens first. If you pay in full but do not pick up during removal, ownership and risk still pass to you.
16 Prohibited conduct and termination
You may not use Equip-Bid to break the law, defraud anyone, or interfere with the platform or other users. Sellers may not bid on their own items, and no one may place bids intended to inflate prices, which is shill bidding. A bid placed with any intent other than to buy the item for the bid amount is fraud.
Equip-Bid may, in its sole discretion, terminate bidding privileges, remove content, cancel bids or sales, and suspend or close accounts that fail to abide by these terms, including bidders who do not complete a purchase after receiving a winning bidder invoice. We may report fraudulent bidding to the appropriate authorities and pursue any civil remedies available to us.
17 Disclaimers and limitation of liability
Your use of Equip-Bid is at your sole risk. The website, service, and software are provided on an as-is and as-available basis. To the fullest extent permitted by law, Equip-Bid disclaims all warranties, express or implied, including the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the site will be uninterrupted, secure, error-free, or free of harmful components, or that the information, materials, or items on it are accurate, reliable, or current. Statements posted by users, advertisers, or other non-authorized parties are not endorsed by Equip-Bid and should not be relied on without independent verification.
To the fullest extent permitted by law, Equip-Bid will not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages arising from your use of, or inability to use, the website, software, services, or items purchased, whether based on warranty, contract, tort, or otherwise, even if advised of the possibility. Equip-Bid is also not liable for personal injury or property damage resulting from the use, handling, modification, or misuse of items after pickup. Equip-Bid's total liability for any claim is limited to the purchase price of the item giving rise to the claim. Some jurisdictions do not allow certain exclusions or limitations, so some of the above may not apply to you.
18 Dispute resolution
You and Equip-Bid each waive the right to a jury trial and the right to participate in a class action. You agree that any dispute, claim, or cause of action relating in any way to your use of Equip-Bid or to any items sold through it will be resolved by binding individual arbitration rather than in court, except that either party may bring a qualifying claim in small claims court.
Before starting any formal proceeding, you agree to try to resolve the dispute with us in good faith on an individual basis by sending a written Notice of Dispute as described in the General provisions section. If we do not reach agreement within 30 days, the dispute will be submitted to binding individual arbitration under the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes of the American Arbitration Association, available at adr.org. The proceedings are governed by the Federal Arbitration Act, and the award is final, binding, enforceable in any court of competent jurisdiction, and not subject to appeal.
19 Indemnification
You agree to indemnify, defend, and hold harmless Equip-Bid and its members, managers, shareholders, directors, officers, employees, agents, affiliates, and licensors from all claims, demands, suits, liabilities, costs, and expenses, including reasonable attorneys' fees, arising out of or connected with your use of the website or services, your violation of these terms, your violation of any law or court order, or any negligence or willful misconduct by you. Equip-Bid is entitled to recover its reasonable attorneys' fees, costs, and expenses incurred to enforce these terms or to prosecute or defend claims arising out of your participation in any auction.
20 General provisions
Governing law and jurisdiction
These terms and your use of Equip-Bid are governed by the laws of the United States and the State of Kansas. Without limiting the Dispute resolution section, any court proceeding related to the website or these terms may be brought only in a federal or state court sitting in Kansas, and you consent to the jurisdiction of those courts. The site is void where prohibited or restricted by law, and the UN Convention on the International Sale of Goods does not apply.
Severability
If any provision is held invalid or unenforceable, the rest of these terms remain in effect, and the affected provision will be modified to reflect its original intent as closely as the law allows.
Trademarks and content
The Equip-Bid name, logo, and site content are trademarks and property of Equip-Bid.com, Inc. or its licensors. Other trademarks belong to their respective owners.
External links
The site may link to third-party websites, provided for your convenience only and not as an endorsement. We are not responsible for the content, security, or privacy practices of those sites.
Waiver and notices
Any waiver by Equip-Bid must be in writing and signed by Equip-Bid to be effective. Notices to Equip-Bid must be in writing, by hand delivery against receipt, certified or registered U.S. mail with return receipt, or overnight courier, addressed to Equip-Bid.com, Inc., 9660 Legler Rd, Lenexa, KS 66219, or by email to support@equip-bid.com.
Other
These terms cannot be altered except in writing by Equip-Bid, and they are in addition to and supplement any other applicable terms governing use of Equip-Bid.com, including each auction's specific terms.
YouTube
Parts of the site use embedded YouTube content. By using those features you also agree to be bound by YouTube's Terms of Service.
21 Contact us
Questions about these terms can be sent to us at: