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, Buyer has 5 calendar days (“Inspection Period”) to inspect the Equipment at Seller’s location. Inspections are at Buyer’s expense (including travel), unless agreed otherwise in writing. Seller may arrange a technician inspection at Buyer’s cost, if requested.
Acceptance: Buyer must notify Seller in writing (email to sales@bigmotortraders.com) within the Inspection Period to accept or reject. No notice within 5 days deems acceptance.

2. Restocking Fee and Returns

Rejection: Rejection during the Inspection Period for material defects (defined below) refunds the deposit minus a $750 restocking fee. Rejection must be written, detailing the defect.
Material Defects: Defects preventing the Equipment’s primary function (e.g., digging, lifting) and requiring repairs over $20,000, unless otherwise stated in writing.
No Returns Post-Acceptance: Accepted sales (explicitly or by default) are final—no returns except as required by 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 (2.5% surcharge on card payments over $5,000). Late payments incur 1.5% monthly interest plus costs. Seller may connect Buyer with financing, but Seller is paid in full—financing is Buyer’s deal. 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 docs pre-shipment.

4. Condition of Equipment

As-Is Sale: Sold “as-is, where-is,” no warranties unless separately provided. New Equipment gets manufacturer warranties passed through without Seller liability.
Disclosure: Seller discloses known defects over $20,000 impairing function pre-deposit. Post-sale defects are Buyer’s risk unless Seller concealed them (proof required).
Hours and Use: Hours are approximate—Seller isn’t liable for errors.
Operation: Buyer ensures proper use, legal compliance, and operator training—Seller isn’t 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) aren’t Seller’s liability—Buyer 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 isn’t allowed.
Seller Cancellation: Non-payment within 5 days post-acceptance allows cancellation—deposit forfeited, damages pursued. Seller may terminate for non-payment, breach, insolvency, or discretion, canceling deliveries.
Non-Delivery: Unavailability (e.g., theft) refunds the deposit—no further liability.
Default: Non-payment, breach, or bankruptcy triggers Seller rights to demand payment or damages (including fees).

7. Limitation of Liability

Cap: Liability limited to purchase price—no consequential or punitive damages (e.g., lost profits, injuries).
Repairs: No post-sale repair liability unless warranted separately.
No Responsibility: Seller isn’t liable for injuries or damage from use or defects.

8. Indemnity

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

9. Disputes and Governing Law

Resolution: Negotiation, then arbitration in Austin, Texas (AAA rules) if unresolved in 30 days. Prevailing party gets fees.
Law: Texas law—venue is Travis County.

10. General Provisions

Entire Agreement: Full agreement—prior talks void unless written. Extra Buyer terms rejected unless Seller agrees. Using our Services confirms acceptance.
Amendments: Updates at bigmotortraders.com/terms-and-conditions effective on posting.
Severability: Invalid terms don’t void the rest.
Marketing: Equipment images may be used in promotions, excluding Buyer’s name without consent.

Contact Us: 915-265-0265 or sales@bigmotortraders.com.