fbpx

Equipment and Personal Property Terms and Conditions

 

This page is dedicated to Terms and Conditions for sellers and buyers of equipment and personal property through the Hayden Outdoors auction and marketplace platform.

Effective Date: Feb 1, 2025  Last Updated:  Feb 11, 2025

 

Seller User Terms for Hayden Outdoors Equipment Auctions

These Seller User Terms (“Terms”) govern your use of Hayden Outdoors Equipment Auction Services (“Hayden Outdoors,” “we,” or “us”) to list items for auction. By registering as a Seller and using the Services, you agree to be legally bound by these Terms.

1. Seller Registration and Account Approval

Your account must be registered with Hayden Outdoors and approved at our sole discretion before you can use the Services as a Seller. We reserve the right to deny, suspend, or terminate any account at any time, without notice, for any reason.

2. Listed Items and Auctions

By using our Services to list items for auction (“Listed Item(s)”), you agree to the following terms and responsibilities:

  1. Platform Role: Hayden Outdoors provides an auction platform but does not offer auctioneering or brokerage services. We do not act as your employee, agent, broker, dealer, real estate agent, marketing agent, or legal representative. You, as the Seller, conduct the auction and retain full control over the sale of Listed Item(s).
    • Listing Responsibilities: You are solely responsible for accurately describing and disclosing all relevant details about your Listed Item(s).
    • You agree not to list any item that is illegal to sell, auction, or possess under applicable laws.
    • Items must not include links or descriptions of products for sale outside of our Services.
    • Reserve Prices: Depending on auction format, you may have the option to set a minimum reserve price.
    • Right of Refusal: Hayden Outdoors reserves the right, at its sole discretion, to: Reject or remove any Listed Item(s).
    • Verify, amend, or request additional information regarding Listed Item(s).
    • Cancel any bids that appear fraudulent or suspicious.

3. Seller Confirmation of Listed Item(s)

You are responsible for ensuring that all information and descriptions for your Listed Item(s) are accurate and displayed correctly. Hayden Outdoors assumes no liability for items that are mis-listed or mis-categorized.

4. User-Posted Terms

You may include additional terms and conditions for your Listed Item(s) (“User-Posted Terms”). User-Posted Terms are between you and the winning bidder and are separate from these Terms. Hayden Outdoors does not prepare, review, negotiate, or enforce User-Posted Terms.

5. Listed Item Usage and Condition

Once Listed Item(s) are placed for auction, they must not be altered, rented, or modified without disclosure in the auction listing. You are responsible for maintaining the item in its listed condition until the auction concludes and the item is removed by the winning bidder.

6. Disclosures of Encumbrances, Easements, and Hazards

You must disclose any encumbrances, easements, liens, leases, environmental hazards, or other material conditions related to the Listed Item(s). You will warrant and defend title on behalf of the winning bidder against any third-party claims. Any required remediation or documentation to clear encumbrances is your sole responsibility.

7. Prohibited Conduct – Price Manipulation

You may not engage in price manipulation, including placing bids on your own Listed Item(s) or allowing others to do so on your behalf. Such conduct may result in suspension or permanent banning from the platform.

8. Fees and Payments

While Hayden Outdoors does not charge platform fees for basic auction services, additional services (e.g., premium advertising) may incur fees. All fees are non-refundable unless otherwise specified.

9. Exclusivity and Hyperlinks

Listed Item(s) must be exclusively listed on Hayden Outdoors’ platform while the auction is active. We may remove or prohibit hyperlinks or references to external websites at our discretion.

10. No Guarantee of Auction Results

Hayden Outdoors does not guarantee that your Listed Item(s) will attract bids, sell, or achieve any specific price. Additionally, we do not guarantee payment collection from winning bidders.

11. Representations and Warranties

You represent and warrant that:

  1. You have legal ownership or the authority to sell the Listed Item(s).
  2. Listed Item(s) are free from liens, encumbrances, or security interests unless disclosed.
  3. Listed Item(s) are accurately described and free of undisclosed defects or hazards.
  4. The sale of the Listed Item(s) complies with all applicable laws, including consumer protection, environmental, and safety regulations.

12. Purchase and Sale Agreement

The purchase and sale of Listed Item(s) after the auction is solely between you and the winning bidder. Hayden Outdoors is not a party to any sale agreement and does not facilitate payment or delivery. You assume all risks and liabilities related to the transaction.

13. Indemnification

You agree to indemnify, defend, and hold harmless Hayden Outdoors from and against any claims, damages, liabilities, or expenses arising from:

  • Breach of your representations or warranties.
  • Environmental hazards or legal violations related to the Listed Item(s).
  • Non-compliance with tax, licensing, or consumer protection laws.
  • Disputes with bidders or other third parties regarding your Listed Item(s).

14. Limitation of Liability

To the maximum extent permitted by law, Hayden Outdoors disclaims all liability for any direct, indirect, incidental, or consequential damages arising from your use of the auction platform. We are not responsible for the performance of any bidder or for any transactions that occur through the platform.

15. Termination and Updates

We reserve the right to terminate or update these Terms at any time without prior notice. Continued use of the Services after updates are posted constitutes acceptance of the new Terms.

 

Bidder (Buyer) User Terms for Hayden Outdoors Equipment Auctions

These Bidder User Terms (“Terms”) govern your use of Hayden Outdoors Equipment Auction Services (“Hayden Outdoors,” “we,” or “us”) when participating in auctions as a bidder. By registering and using the Services, you agree to be legally bound by these Terms.

1. Bidder Account Approval

Your account must be registered and approved by Hayden Outdoors at our sole discretion before you can use the Services to place bids. We reserve the right to deny, suspend, or revoke account access at any time without notice or liability.

2. Listed Items

Hayden Outdoors is not the owner, seller, or auctioneer of any items listed on the platform (“Listed Item(s)”). We provide a marketplace but do not inspect Listed Item(s), verify Seller ownership or authority, or make any representations regarding the accuracy or condition of items.

  • Transactions: Any transaction resulting from an auction is strictly between you and the Seller. We are not a party to these transactions.
  • Due Diligence: You are solely responsible for verifying all information about Listed Item(s), including their condition and legal compliance.
  • Limitations: We do not handle or take possession of any Listed Item(s) and are not responsible for their care, transportation, or risk of loss.

3. Auction Information and Bidder Inspections

Auction details, including item descriptions, dates, and prices, are determined by the Seller and may change without notice.

  • Condition: Listed Item(s) may be used and could contain defects. Hayden Outdoors does not verify item condition or accuracy of Seller-provided details.
  • Inspections: It is your responsibility to inspect or validate Listed Item(s) before placing a bid. Failure to inspect does not invalidate your bid.
  • Licensing and Compliance: We do not guarantee that Sellers have the necessary licenses, bonds, or regulatory compliance, including those required under the Packers and Stockyards Act or other applicable laws.

We reserve the right to:

  • Withdraw any Listed Item(s) from the Services.
  • Amend or correct item information.
  • Cancel suspicious or fraudulent bids and report such activity to authorities.

4. Additional Terms Posted by Sellers

Sellers may include their own additional terms and conditions (“User Posted Terms”) for their Listed Item(s). These terms are separate from Hayden Outdoors’ Terms and are binding between you and the Seller.

  • Responsibility: You are solely responsible for reviewing and understanding User Posted Terms before placing a bid.
  • No Review: Hayden Outdoors does not create, review, or enforce User Posted Terms.

5. Additional Fees by Sellers

In addition to the final bid price, Sellers may charge additional fees such as buyer’s premiums, shipping, and handling costs. These fees are set by the Seller and may vary depending on the Listed Item(s). You are responsible for confirming and agreeing to these fees before placing a bid.

6. Transportation, Environmental Hazards, and Risk of Loss

  • Responsibility: Hayden Outdoors does not provide or arrange transportation services. The winning bidder assumes all costs and risks associated with transporting, handling, and taking possession of Listed Item(s).
  • Environmental Compliance: You are responsible for any environmental testing, clean-up, or compliance related to the Listed Item(s), unless otherwise stated in the User Posted Terms.

You should confirm transportation, risk of loss, and environmental obligations directly with the Seller and your transportation provider.

7. Bidding Rules and Process

By using the Services to bid on Listed Item(s), you agree to the following:

  • Binding Bids: When you place a bid, it is a firm and irrevocable offer to purchase the item if you are the winning bidder. Bids cannot be retracted. Sellers may hold you legally accountable for completing the transaction.
  • Information Sharing: You authorize Hayden Outdoors to share your contact information with the Seller to facilitate the transaction.
  • Max Bids: Our system allows you to place a maximum bid. The system will automatically bid on your behalf up to your max bid. If you are outbid, you will be notified and have the opportunity to place a higher bid.
  • Time Extensions: Auctions may include time extensions if higher bids are placed near the auction’s scheduled end time.
  • Cancellation: Hayden Outdoors reserves the right to withdraw, postpone, or cancel Listed Item(s) and bids at any time, without notice or liability.

8. Prohibited Bidder Conduct

You agree not to engage in any prohibited activities, including:

  • Price Manipulation: Bidding through multiple accounts, agents, or representatives to artificially influence auction results.
  • Collusion: Communicating with other bidders to manipulate auction outcomes.
  • Shill Bidding: Placing bids on items you have listed or allowing others to bid on your behalf for deceptive purposes.

Violations may result in suspension or permanent banning from the platform.

9. Additional Bidder Indemnity

You agree to indemnify, defend, and hold harmless Hayden Outdoors from any claims, damages, or liabilities arising from:

  • Injuries or damages occurring during your inspection of Listed Item(s) or while on a Seller’s property.
  • Any actions related to the purchase, removal, or transportation of Listed Item(s).
  • Non-compliance with applicable laws or User Posted Terms.

10. Conflicts and Prevailing Terms

In the event of a conflict between these Bidder Terms and any User Posted Terms or other platform agreements, these Bidder Terms shall govern with respect to Hayden Outdoors’ platform and services.

11. No Guarantee of Auction Results

Hayden Outdoors does not guarantee that:

  • Bids will be processed without delays.
  • Sellers will honor the transaction or comply with applicable laws.
  • You will be able to inspect, purchase, or receive the Listed Item(s).
Skip to content