Ritchie Bros. Auctioneers, in conjunction with its affiliate, IronPlanet (collectively, "Ritchie Bros."), provides this IronClad Assurance(R) Policy to inform you of our policies and procedures regarding Equipment that has been inspected by Ritchie Bros. and received the IronClad Assurance certification.
Description. If indicated by an IronClad Assurance(R) inspection certification icon in an Equipment listing, a general condition inspection ("Inspection") of the Equipment was performed and an Inspection Report was generated that includes ratings, comments, and photos of the various components of the Equipment. Such Inspection Reports are solely for the purpose of reporting on the visible condition of the Equipment's major systems and attachments on the day of Inspection and do not include load testing or digging/lifting. IronClad Assurance Inspections are NOT intended to detect latent or hidden defects or conditions that could only be found by dismantling the Equipment or use of diagnostic equipment or techniques. In no event shall Ritchie Bros. be liable for not identifying those or any other defects. The Inspection Report is the sole property of Ritchie Bros. and is for your personal use only and may not be displayed, published, sold, reproduced, disseminated or otherwise distributed by you without the prior written approval from Ritchie Bros.
IronClad Assurance. Under the IronClad Assurance inspection certification program, if you discover that a piece of Equipment purchased by you is not substantially in the condition as represented in the Inspection Report and you are within the Eligible Dispute Period specified below, you may contact Customer Care and submit a written dispute ("Dispute Claim") to Ritchie Bros. To be considered, the Dispute Claim must be (a) in writing, (b) within the Eligible Dispute Period, (c) delivered to Ritchie Bros. as specified herein, and (d) satisfy the Dispute Conditions below. A deductible in the amount of USD/CAD/EUR/AUD 750.00 will be applied to any settlement of a Dispute Claim.
Eligible Dispute Period. For a Dispute Claim to be considered, without penalty, you must review the Equipment and submit a Dispute Claim prior to the first occurrence of any of the following:
- Passage of Time - Eleven (11) business days after the date of the sale.
- Self-Transported Equipment (e.g., vehicles or self-transported items) - At the time the Equipment leaves the point of pick-up at the Seller's location, for Equipment located at the Seller's property, or at the auction yard, for Equipment located at an auction yard. You are encouraged to examine the Equipment thoroughly prior to removing it from the location.
- Transported via Common Carrier - Equipment delivered to (a) the Buyer's designated location within the United States or Canada for Equipment sold from the United States or Canada or (b) to the Buyer's designated location within the European Union member states, Switzerland and Norway for Equipment sold from such countries, subject to Passage of Time provisions above.
- Export - At the time Equipment leaves relevant port of export, if the Equipment is to be delivered outside the country where the Equipment is located, subject to the Common Carrier provisions above for Equipment located in the United States and Canada.
- Disassembly - At the time you or your agent or representative begins disassembly of Equipment from its "as-inspected" configuration, including disassembly for transport.
A Dispute Claim will be considered subject to a penalty (equal to 50% of the final dispute resolution value) if submitted after the first occurrence of any aforementioned period and prior to the twenty-first (21st) business day after the date of the sale. You may elect to waive any resolution and resell the item through a Ritchie Bros. live auction or online marketplace at the cost of the deductible (Equipment must be located in a country Ritchie Bros. is authorized to sell from and all Dispute Conditions listed below must be satisfied).
Any Dispute Claim submitted after the twenty-first (21st) business day will not be considered, with or without penalty. At the time of Export and/or Disassembly (as defined above) you forfeit your right to any unresolved Dispute Claim on the Equipment and any future Dispute Claim will not be considered with or without penalty (unless Ritchie Bros. has provided their written consent). You may elect to resell the item through a Ritchie Bros. live auction or online marketplace at the cost of the deductible (Equipment must be located in a country Ritchie Bros.is authorized to sell from and Dispute Conditions listed below must be satisfied).
Dispute Conditions. Dispute Claims are subject to the following conditions:
- Receipt of full payment of the Transaction Fee, the Final Selling Price, and any associated taxes.
- Additional documents may be requested to process or verify a Dispute Claim. All requested documents must be returned within two (2) business days from the date the initial request is sent from Ritchie Bros. Requested documents returned after two (2) business days will be subject to delayed resolutions, late fees (not to exceed USD/CAD/EUR/AUD 750.00), or potential denial of Dispute Claim.
- For export items, Dispute Claims must be initiated and settled prior to export.
- Ownership of the Equipment shall not have been transferred to another buyer.
- The Equipment must be available for immediate re-inspection by Ritchie Bros. upon request.
- Until a Dispute Claim is resolved, the Equipment may not be used, rented or leased and no changes to the condition of Equipment such as repairs or disassembly may be made. Notwithstanding the foregoing, you may move the Equipment around the lot, load/unload the Equipment, and operate the Equipment to verify the reported inspection condition after receipt of the Equipment; provided however that such operation does not result in the use of the Equipment for more than the lesser of (a) three (3) hours or (b) five (5) odometer miles from what is reported in the Inspection Report.
- Ritchie Bros. shall not be responsible for any incidental damage which does not negatively impact the standard operation of Equipment or substantially alter the value of Equipment.
- Ritchie Bros. shall not be responsible for Dispute Claims filed due to changes in Equipment condition as a result of exposure to the elements, including damage that occurs during transportation. Without limitation, Ritchie Bros. shall not be liable for failure of Electronic Control Modules for systems or components, electronic displays, or consumables (e.g. batteries, fluids, lights, belts, tires, brakes, bulbs, starters, alternators, Freon and filters).
- Only substantial inaccuracies in the items reported in the Inspection Report are covered. In addition to items not discoverable on a general condition inspection, 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 Equipment.
- Ritchie Bros. makes every effort to accurately describe Equipment using common industry terms. However, Equipment and options and attachments can be known by different terms in different parts of the country. You must refer to the pictures contained in the Inspection Report to clarify your understanding of specific Equipment characteristics. Ritchie Bros. is not responsible for any misinterpretation or oversight by you.
- If available, model year, make, and model is taken directly from the data plate. If not available, Ritchie Bros. makes a good faith effort to find the model year, make, and model using widely accepted serial number guide reference material. Ritchie Bros.is not responsible for any conflicts in model year, make, and model from alternative sources in the marketplace. Ritchie Bros.is also not responsible for any conflicts in model year and year of manufacture within any make of equipment.
- Conditions visible in any of the Inspection Report pictures (including the full-size image visible through zooming), even if these conditions are not specifically mentioned in the written narrative comments of the Inspection Report, are not covered.
- Drivetrain operational tests are limited to low speed in a confined flat area without load. Differential interlocks, full transmission shifting and functionality of all drive axles cannot be fully verified. Inspector listens for abnormal noises, observes leaks and notes physical damage.
- Ritchie Bros. shall not be responsible for Equipment operating manuals or keys.
- Ritchie Bros. makes no guarantees as to the actual hours/miles on Equipment. Ritchie Bros. can only report what can be visually observed.
- The estimated total cost to fix items pursuant to a valid Dispute Claim must exceed USD/CAD/EUR/AUD 750.00 (in local auction currency), which amount shall be applied as a deductible to any settlement of a Dispute Claim.
- Dispute Claims filed on equipment with a sale price lower than USD/CAD/EUR/AUD 750.00 (in local auction currency) will not be considered.
Adjudication of Equipment and Dispute Claims. Ritchie Bros. shall be solely responsible for the review and adjudication of any Dispute Claims. All determinations made by Ritchie Bros. shall be final. In the event of a refund to Buyer relating to a Dispute Claim, Ritchie Bros. shall remit all funds in the manner in which Buyer submitted payment (i.e., wire transfer to Buyer's account or refund on Buyer's credit card).
Any Dispute Claim to IronPlanet, Inc., Cat Auction Services, LLC, Govplanet, LLC, Truckplanet, IronPlanet Canada Ltd., Ritchie Bros. Auctioneers (America) Inc., Ritchie Bros. Auctioneers (Canada) Ltd., Ritchie Bros. Auctioneers de Mexico S. de R.L., or Ritchie Bros. Auctioneers Pty Ltd. must be in writing and must be sent via email to CustomerCare@ironplanet.com. Any Dispute Claim to IronPlanet Limited, IronPlanet UK Limited, Ritchie Bros. Auctioneers GmbH, Ritchie Bros. Auctioneers France SAS, Ritchie Bros. Auctioneers (UK) Limited, Ritchie Bros. Auctioneers B.V., Ritchie Bros. Auctioneers (Spain) SLU, Ritchie Bros. Auctioneers S.r.l., or Ritchie Bros. Auctioneers (ME) Limited must be in writing and must be sent via email to EuropeCare@ironplanet.com.
Revised: December 6, 2017