Terms & Conditions

Terms & Conditions

  1. Terms, conditions, explanations and information
    1. Terms, conditions, explanations and information in addition to those listed on this page are found in the Terms and Conditions section of this site and on the individual listing pages for all assets included in this auction. All terms, conditions, explanations and information are intended to be supplemental and complementary to each other. They are incorporated by reference into this page, and collectively they govern this auction. In the event of a conflict or inconsistency among terms, conditions, explanations or information in the Terms and Conditions section, the individual listing pages for assets and/or this page, the individual listing pages shall control this page and the Terms and Conditions section, and this page shall control the Terms and Conditions section. By registering to bid live and/or on the Internet, you agree to abide by all terms and conditions and you acknowledge receipt of all explanations and information made available by Heartland Auction.
  2. Auction Day
    1. All Auctions will begin to close on the day specified on the auction’s page. Bidding will open one week prior to the auction’s close date. Equipment will be listed for a period of approximately five weeks prior to any auction’s close date.
  3. Qualifying bids and bidders
    1. Bids over the amount of $10,000.00 are subject to Heartland Auction's qualification process. Verification may include, but is not limited to, providing a bank letter of guarantee, credit references or credit card pre-authorization. Heartland Auction may take any or all of these measures at any point during the auction. Heartland Auction reserves the right to strike any Internet bid if the bidder refuses or fails to timely cooperate with Heartland Auction's efforts to verify the bidder's qualification to bid. By registering to bid in this auction, you authorize all credit references, banks and credit reporting agencies to provide complete information about your credit to Heartland Auction. For questions regarding Heartland Auction's bid qualification process, please contact the Credit Specialist at support@heartlandauction.com or call 620-640-8619.
  4. Default by Buyer; Consequences
    1. Failure to pay by the payment deadline noted in these terms and conditions ("Payment Default") will result in an additional administrative fee equal to 15% of the winning bid price (minimum $100.00 fee). After the payment deadline, Heartland Auction may also declare the asset abandoned under its Abandoned Asset Policy resulting in additional costs and potential losses to the buyer. Read the Abandoned Asset Policy carefully. Defaulting customers will lose all bidding privileges with Heartland Auction.
    2. Failure to remove an asset by the removal deadline noted in these terms and conditions ("Removal Default") will result in an additional administrative fee equal to 15% of the winning bid price (minimum $100.00 fee), plus storage fees of $25/day until the asset is ultimately removed from the auction site. After the removal deadline, Heartland Auction may also declare the asset abandoned under its Abandoned Asset Policy resulting in additional costs and potential losses to the buyer. Again, read the Abandoned Asset Policy carefully.
    3. Payment Default and Removal Default are not inclusive of each other and may be added together. In all cases of buyer default of the auction terms and conditions, Heartland Auction and the seller reserve the right to pursue all legal remedies.
    4. Heartland Auction reserves the right to charge the credit card on file for the Default along with other damages associated with non payment of the item. Damages may include but not limited to storage, removal or loss (if the item is resold).
  5. Titled Assets / Transfer of Ownership
    1. Titled assets selling on www.heartlandauction.com are checked for transferability prior to appearing on our website. Titled assets will have a government issued title or documentation necessary for transfer of ownership. Titled assets with "Salvage", "Non- Highway" or other brands are typically included in the description, however it is the responsibility of the bidder to investigate title and registration history prior to bidding. Heartland Auction is not responsible for undisclosed title brands, back registration fees or whether or not a vehicle will pass inspection. If available, mileage is listed as "miles on odometer" when pictures are taken and may not be actual mileage.
    2. Certificates of title will be assigned and mailed out within 10 business days following verification of payment unless otherwise noted in the description. Heartland Auction reserves the right to hold titles for an extended period of time when payments are made by check until confirmation of funds availability. Titles must be assigned to either an individual or company; Heartland Auction will not distribute titles with open assignments. If no communication verifying title assignment is received within 10 business days of payment Heartland Auction may assign and distribute certificates of title or ownership documentation as invoiced, following verification of asset removal.
    3. Sale Price appearing on title assignment is the total purchase price paid. Purchase price is the winning bid.
    4. Contact support@heartlandauction.com or 620-640-8619 to provide title assignment information. All titles are mailed out via USPS certified mail unless otherwise requested. Overnight service is available for an additional fee.
  6. Questions
    1. Item-specific questions should be directed to the contact listed above at the item location. Please contact Heartland Auction at support@heartlandauction.com or 620-640-8619 for more information. Problems with or questions about Internet bidding should be directed to support@heartlandauction.com
  7. Required Information
    1. This auction is conducted by Heartland Auction, LLC, whose home office is 1350 S. Old Hwy 83, Garden City, Kansas. Jake Foltz operates Heartland Auction, LLC
  8. Bidding Information
    1. Internet bidding
      1. This is an Internet-only auction, which means the highest bid online when the bidding closes on a particular item will be the winning bid for that item. Bidding for items will begin to close two items per minute at 10:00 a.m. CDT on DAY, MONTH DAY#. The items will close in the order listed on the website. This auction will feature our automatic extension system which will grant a five (5) minute extension to the end of the auction of any item receiving a bid during the last five (5) minutes. The item will then close when five (5) minutes have elapsed without any bidding activity. Not all items are selling without reserve. Any item selling with reserve will have an indication in the description of said reserve. After a five (5) week listing period, if an item does not meet its reserve price on the date of the Auction’s closing, Seller shall have the choice to move said item to unreserved status as of the close date of the Auction. All Internet bids are treated as if they were given at a live auction. All bidders will be held accountable for their Internet bids.
    2. Inspection prior to bidding
      1. Heartland Auction attempts to give its customers an industry leading experience by providing detailed equipment listings. Listings include written descriptions, photographs, location, and consignor information.
      2. Equipment descriptions are based on our direct observation and information provided by our selling customer. All information is intended to be as accurate as possible. However, we recommend customers inspect prior to bidding. Heartland Auction listings are not intended to be substitutions for inspection. The details provided may differ on equipment based on information provided by the consignor. An error or omission in the listing will not change the results of the bid. It is the responsibility of the buyer to conduct any inspection and examination necessary to satisfy him of all material facts before placing a bid. All assets, unless stated otherwise, are sold "as-is, where is". Buyers assume all risks at the conclusion of the auction. All sales are final. No refunds given. Credit card transactions may not be reversed.
      3. Mileage and hours in listings are representations of what is on the meter. Heartland Auction does not verify authenticity of mileage / hours nor do we verify the operational condition of the odometer / hours meter.
      4. Operating weight appearing in some listings are manufacturers specs. Weight may vary due to additional features and options.
      5. Accessories (interior / exterior, ancillary) may be listed in the description, however, may not be verified for operational condition such as A/C and heat, audio equipment, lighting, power seats, etc.
      6. Cosmetic damage / body damage, such as dents, cracks, scratches, rust, stains, and tears may not be included in the descriptions, however may exist.
  9. Sales tax / Use Tax
    1. State law requires Heartland Auction collect sales tax on all applicable transactions.
  10. Sale order
    1. Items in this auction are sorted by bid amount until 24 hours prior to the auction. The items will be sorted in their final sale order 24 hours prior to the auction.
  11. Grouped extensions
    1. This auction will utilize our grouped extension feature. The following asset types will be sold in groups:
  12. After You Win an Item
    1. Invoicing
      1. Auction invoices are available once the item has closed. You may access your invoice at any time by logging into your account and selecting "My Won Items". Invoices will be emailed to winning bidders at the conclusion of the auction event.
    2. Payment information
      1. Payments must be made by 4 p.m. CDT on the second business day following the auction. Failure to make payment or payment arrangements by the deadline will result in a $30 late payment fee. Heartland Auction reserves the right to charge the credit card on file the total purchase price and a $30 late payment fee will be added for invoices not paid within our terms. Payment should be made to Heartland Auction, LLC
      2. All payments to Sellers will be paid fourteen days after the auction’s close date.
    3. Forms of payment accepted:
      1. Wire Transfers in any amount will be accepted. (View wire instructions)
      2. Visa, MasterCard, and Discover are accepted up to $2,000 with authorization*.
        1. CREDIT CARD CONVENIENCE FEES:
          1. Heartland Auction reserves the right to impose a surcharge on credit cards that is not greater than our cost of acceptance.
      3. Cash is accepted if paying at our Garden City, KS headquarters.
      4. Only Cashiers Checks or bank certified checks will be accepted.
        1. Said checks may be mailed to: Heartland Auction, LLC 1350 S. Old Hwy 83 Garden City, KS 67846 *Heartland Auction reserves the right to hold assets and/or certificates of title until fund availability is confirmed.
    4. Sales tax / Use Tax
      1. State law requires Heartland Auction collect sales tax on all applicable transactions. Sales tax rates are based on the item's location and are applied to the total purchase price (hammer price). Tax will be collected unless the buyer provides proof of a tax exemption, which must be submitted before tax amounts will be removed from the invoice. Exemption forms are auction and state specific and may need to be completed for every event. Heartland Auction cannot offer advice, opinions or guarantees about whether you are in fact exempt. Buyers may be subject to use tax in their state of residence. Consult your tax advisors if you have sales tax exemption or use tax questions. Heartland Auction, LLC cannot be held responsible for states' registration requirements regarding exemptions. Please note, guidelines and regulations regarding tax exemptions may vary between states. If you are eligible for an exemption, please complete the appropriate exemption certificate and email it to support@heartlandauction.com.
    5. Item removal requirement
      1. Items can be removed after your payment in full is made to Heartland Auction. Heartland Auction will communicate directly with the seller to confirm receipt of payment. Winning bidders must contact the seller (noted below) to schedule removal and bring a copy of their paid invoice in order to remove item(s). Unless other removal arrangements are made with the seller, fees for failing to timely remove items won may be assessed under the Abandoned Asset Policy.
      2. Heartland Auction is not responsible for any damage to any items awaiting removal.
    6. Shipping and Transportation
      1. Any shipping/transportation arrangements are ultimately between the buyer and the shipping company and not Heartland Auction.
      2. Winning bidders may choose to make transportation arrangements themselves, provided that all removal terms and conditions are met. Heartland Auction does not provide packing or rigging services.