Big Motor Traders LLC Terms and Conditions of Sale

Effective Date: November 30, 2023

Welcome to Big Motor Traders LLC (“Seller,” “we,” “us”), a Texas limited liability company. These Terms and Conditions (“Terms”) govern all sales of used heavy equipment and machinery, including but not limited to Dozers, Excavators, Motor Graders, Trenchers, Backhoes, Compactors, Mini Excavators, Telehandlers, Vacuum Excavators, Vacuum Trucks, Wheel Loaders, and similar items (“Equipment”), to customers (“Buyer,” “you”). By engaging with our Services—such as visiting bigmotortraders.com, placing an order, making a payment (including via invoice), or accepting delivery—you agree to these Terms. Check bigmotortraders.com/terms-and-conditions for updates.

1. Sales Process and Deposits

Order Placement: Sales require a deposit of 10% of the Equipment’s listed price (minimum $500), payable via credit card, wire transfer, or certified check. The deposit secures the Equipment and initiates the sale. Seller may accept or reject orders at its discretion, confirmed by shipment or notice. Submitting a deposit or order confirms your agreement to these Terms.

Inspection Right: Upon deposit, Seller will arrange an inspection of the Equipment at or near Seller’s location (“Inspection Period”) to confirm it is operable and functioning, conducted by a certified technician, authorized dealership, or qualified mechanic, at Buyer’s expense (including fees), unless agreed otherwise in writing. Buyer may request to arrange an inspection by a qualified professional, subject to Seller’s approval, at Buyer’s expense. Buyer will email Seller with acceptance or rejection of the Equipment based on the inspection.

Acceptance: Buyer must notify Seller in writing during the Inspection Period to accept or reject. No notice deems acceptance upon Buyer’s confirmation or payment of the balance.

2. Fees and Returns

Restocking Fee: If Buyer rejects the Equipment during the Inspection Period, Seller refunds the deposit minus a $750 restocking fee to cover administrative, handling, and relisting costs. Rejection must be in writing and based on the inspection.

Handling and Recovery Fee: In cases of Buyer cancellation, delayed acceptance, non-payment, or dispute (e.g., chargeback claims), Seller may deduct a handling and recovery fee of 13% of the purchase price, up to Seller’s discretion, to cover costs including but not limited to repairs, freight, storage, administrative efforts, and lost sales opportunities.

No Returns Post-Acceptance: Accepted sales (explicitly or by default upon Buyer’s confirmation) are final—no refunds unless required by Texas law.

3. Payment and Title

Full Payment: Post-acceptance, Buyer pays the balance (price minus deposit) within 5 business days via wire transfer, certified check, or credit card (subject to a 3% surcharge on all credit card payments). Late payments incur 1.5% monthly interest plus collection costs. Seller may connect Buyer with financing, but Seller is paid in full—financing is Buyer’s responsibility. Payment per invoice instructions, including wire transfer, confirms your acceptance of these Terms.

Title Transfer: Title and risk pass to Buyer upon full payment and delivery to the carrier (FOB Seller’s location unless specified). Seller provides a bill of sale. Buyer handles taxes unless providing resale/exemption documentation pre-shipment.

4. Condition of Equipment

As-Is Sale: Sold “as-is, where-is,” with no warranties unless separately provided. New Equipment receives manufacturer warranties passed through without Seller liability. Seller is not responsible for the accuracy or completeness of information provided by equipment owners in listings, including but not limited to descriptions, images, or specifications.

Disclosure: Seller discloses known defects over $5,000 impairing function prior to deposit. Post-sale defects are Buyer’s risk unless Seller concealed them (proof required). Seller may correct typographical or pictorial errors in listings when notified, without liability for prior inaccuracies.

Hours and Use: Hours are approximate—Seller is not liable for errors.

Operation: Buyer ensures proper use, legal compliance, and operator training—Seller is not liable for misuse.

5. Delivery and Freight

Arrangements: Seller may assist with freight, but Buyer is responsible unless agreed in writing. Delays from carriers or force majeure (e.g., strikes, natural disasters) are not Seller’s liability—Buyer will be notified within 10 days. Buyer handles loading/unloading; Seller assistance shifts risk to Buyer with indemnity for losses (including fees), even if Seller is negligent.

Delivery Condition: Ships as disclosed. Risk passes to Buyer at carrier handover (FOB Seller’s location). Damage claims must be reported to Seller and carrier within 24 hours pre-use—late claims are Buyer’s risk.

6. Cancellations and Defaults

Buyer Cancellation: Pre-acceptance cancellation forfeits the deposit. Post-acceptance cancellation is not permitted.

Seller Cancellation: Non-payment within 5 business days post-acceptance allows cancellation—deposit forfeited, and damages pursued. Seller may terminate for non-payment, breach, insolvency, or at its discretion, canceling deliveries.

Non-Delivery: If Equipment is unavailable (e.g., theft), Seller refunds the deposit—no further liability.

Default: Non-payment, breach, or bankruptcy triggers Seller’s rights to demand payment or damages (including fees).

7. Limitation of Liability

Cap: Seller’s liability is limited to the purchase price—no consequential or punitive damages (e.g., lost profits, injuries). Seller is not liable for damages arising from inability to access services due to technical issues, cyberattacks, or other factors beyond Seller’s control.

Repairs: No post-sale repair liability unless warranted separately.

No Responsibility: Seller is not liable for injuries or damage from use or defects.

8. Indemnity

Buyer’s Obligation: Buyer indemnifies Seller for claims arising from use or resale, except in cases of Seller’s gross negligence.

9. Disputes and Governing Law

Resolution: Disputes are resolved through negotiation, followed by arbitration in Austin, Texas (American Arbitration Association rules) if unresolved within 30 days. The prevailing party is entitled to reasonable attorney’s fees.

Law: Governed by Texas law—venue is Travis County.

10. General Provisions

Entire Agreement: These Terms, along with the Privacy Policy available at bigmotortraders.com, constitute the full agreement—prior discussions are void unless written. Additional Buyer terms are rejected unless Seller agrees in writing. Using our Services confirms acceptance.

Amendments: Updates posted at bigmotortraders.com/terms-and-conditions are effective upon posting.

Severability: Invalid terms do not affect the remaining provisions.

Marketing: Equipment images may be used in promotions, excluding Buyer’s name without consent. By providing equipment information (e.g., descriptions, images), you grant Seller a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable right to use such information for promotion, advertising, or sharing with third parties (e.g., listing platforms), in accordance with the Privacy Policy.

Content Usage: You may not modify, copy, reproduce, republish, upload, post, transmit, or distribute any material from bigmotortraders.com, including text, images, or code, except for personal, non-commercial use related to purchasing equipment.

Compliance with Laws: Buyers and equipment owners listing with Seller must comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding listing, purchasing, or using Equipment.

11. Equipment Listings

Non-Contractual Listings: Listing Equipment with Seller (e.g., via bigmotortraders.com) creates no financial or contractual obligation until a signed sales contract is executed with a Buyer. No fees are charged unless the Equipment is sold. If Equipment is sold independently, the listing owner must notify Seller to remove the listing.

Anonymity: Listings will not display equipment owners’ names or addresses. All transactions and communications occur through Seller or its designated agents.

Legal Authority: Equipment owners listing with Seller warrant they have legal authority to sell the Equipment, free of liens or claims, and indemnify Seller against related losses.

Content Requirements: Listings must include accurate, relevant text, images, and details, categorized correctly, and are subject to Seller’s revision or rejection at its discretion. Listings must use photos of the actual Equipment, except for new Equipment from manufacturers, where stock photos are permitted with Seller’s approval.

Contact Us: sales@bigmotortraders.com.