Complaints

• Initial Complaint

  05/15/2023

  Complaint Type:

  Sales and Advertising Issues

  Status:

  Answered

  More info

  Purchased a truck that was listed as having a **** *** engine when the actual engine was ****. Big horsepower difference. Truck would have never went for that price with a300 horse motor. False advertising, false reporting. Was told i should have went and looked at it but that’s kinda funny cause their business is built on “online” auctions. I will never purchase from big iron again.

  Business response

  06/05/2023

  Dear Mr. *******,

  Thank you for sharing your concerns about your BigIron Auction purchase experience and allowing us to respond to them through the Better Business Bureau. 

  In reviewing our records, we show that you were awarded Item ** ****** (1993 ******** **** *** Truck Tractor) in our Equipment Auction that took place on April 12, 2023.  Five days later, you filed a dispute, advising that there was a discrepancy in the description.  After reviewing the details of your claim, we closed the case on April 19, advising that we would be unable to take additional action.  Please note that we do not take these decisions lightly, as we know situations like this can be frustrating.  However, our actions were taken in accordance with the provisions of our Terms and Conditions.

  Please note that our website and auction experience acts as a vehicle to connect Buyers and Sellers.  Like the traditional onsite auction experience, items are sold as is.  The description or provenance of goods, the ability to inspect, or other auction related experiences are preserved through other means.  For example, we provide the contact information of the Seller of the goods (consignment or asset owner) to enable inspections (or conversations). 
  In our response to your dispute, we outlined several provisions to help clarify the outcome of your claim. We’ve included the same information below for your review:

  WARRANTIES – EQUIPMENT SELLS WITHOUT WARRANTIES

  To the fullest extent permitted by law, the sites, services, and items sold by or through BigIron are provided without warranties, expressed or implied, of any kind including without limitation implied warranties of non-infringement, merchantability, condition (whether or not discoverable), usability, fitness for a particular purpose, or as to brand, identity or quality of the unit, materials, components, or workmanship.
  
  While BigIron makes every effort to represent the equipment to the best of our knowledge, BigIron makes no warranty or guarantee of the equipment. While every effort is made to convey verbal and written information, photos, and descriptions accurately, these are meant to be used only as guides. BigIron Representatives are not professional photographers. Photos may or may not depict all the good and bad ASPECTS of items.
  
  NO OPERATIONAL ASSESSMENT IS PROVIDED BY BIGIRON
  
  No testing or operational assessments have been made on items sold in a BigIron Auction. BigIron only reports hours and miles that are shown on the meter at the time of listing for auction and makes no guarantees that the miles/hours shown on meter are the actual miles/hours.
  
  BUYER RESPONSIBILITY TO INSPECT AND DETERMINE SUITABILITY FOR USE
  
  It is the responsibility of buyers to inspect an item prior to bidding in order to assess the items operational condition, and suitability for use. Seller's contact information and location of the item will be provided with the listing description of each item for sale. Potential Bidders should contact the seller for the exact location of an item, along with directions, and inspect the item before bidding. In no event does failure to contact the seller or failure to inspect an item prior to bidding serve as grounds for collapsing the sale, rescinding the transaction, or requesting a rebate or refund.

  FAILURE TO INSPECT
  
  Failure to inspect an item prior to bidding is not grounds for a dispute, refusal to pay or refusal to take possession of the purchased item. If after reviewing a claim, in BigIron’s judgement there is no grounds for dispute, the transaction will be considered closed. Refusal to take possession of the unit at that point will result in forfeiture of the purchase price or **% liquidated damages at BigIron’s sole discretion.
  
  BIGIRON IS NOT RESPONSIBLE FOR VERBAL OR WRITTEN SELLER STATEMENTS
  
  BigIron is not responsible for statements, written or verbal, made by the seller. Buyer should carefully validate all such statements by inspecting the item prior to bidding. Failure to inspect the item is not grounds for dispute. Bidder is to use their due diligence prior to bidding, as no bids will be retracted. There is no refund for any reason. Buyer is fully aware there is no recourse to rescind or abrogate the transaction after becoming the highest bidder.
  
  Again, we appreciate you taking the time to allow us to address your purchase-related concerns through the Better Business Bureau. 
  
  Cordially,
  
  David ********
  Customer Service Manager
  BigIron Auctions, Inc. 

*Some consumers may elect to not publish the details of their complaints, some complaints may not meet BBB's standards for publication, or BBB may display a portion of complaints when a high volume is received for a particular business. ↩