Dedicated
supportLocal Team - All FarmersTransparent documentationOwn clearing houseReach 80,176 + FarmersUSA wideLicensed Real Estate agentsLicensed Livestock AgentsDealer Net WorkFor Sales PlatformMultiple Auction PlatformsAudited Trust AccountsMarketingFinanceThis User Agreement governs the Services that REALM Group America, Inc. and its associated entities provides including Agricultural Machinery and equipment auctions and sales, real estate, finance and livestock.
REALM Group America, Inc., its subsidiaries and affiliates (collectively “REALM”) respects the privacy of our clients and customers. By using this website, you are agreeing to the Terms and Conditions of the REALM Group America, Inc. Services and User Agreement.
In this document, the following expressions have the following meanings unless the context requires otherwise:
Access - means to enter the REALM Services websites and view or download any data held on the REALM Group America, Inc. Services websites;
Agent - means the REALM Services appropriate licensed and approved agent for a Seller or for a Buyer as appropriate who undertakes all functions normally associated with being an agent in relation to the sale and purchase of Lots;
Auction Sale - means a sale in which each Lot is sold to the highest bidder where the bid equals or exceeds the Seller's reserve price;
Auction Site - means the website at which an Auction Sale is conducted.
Consumer Protection Laws - means the applicable federal and state consumer protection laws of the United States, including the Federal Trade Commission Act and state-specific Deceptive Trade Practices Acts.
Business Day - means a day that is not a Saturday, Sunday or a federal or state public holiday or bank holiday in the United States.
Catalog - means any a document or record that includes listings, lots, photographs or other media pertaining to the sale of the listings/lots. Trade Mark Pending.
Conditions of Sale - means the terms in this User Agreement setting out the conditions of sale.
Conditions of Auction - means the terms in this User Agreement setting out the conduct of auctions.
Contract of Sale - means a contract between the Seller and the Buyer for the sale of a lot as set out in the Terms and Conditions User Agreement.
Force Majeure - means in referring to circumstances beyond the control of the parties, and in the event either party is unable to perform its obligations under the terms of User Agreement because of acts of God, strikes, equipment, or transmission failure or damage reasonably beyond its control the terms in this User Agreement setting out the conditions of sale.
Sales Tax - means any applicable state or local sales and use taxes as imposed by the relevant taxing authorities in the United States.
Listing Fee - means the applicable fee for the services provided by REALM in connection to Agricultural Machinery / Equipment Auctions & Sales and or Real-estate sales livestock sales.
Listing / Lot - means any item listed for sale in REALM Services by a Seller, which includes assessed lots and described lots.
Livestock - means cattle, sheep, or any other animals listed on REALM Services.
Machinery - means any machinery, farm equipment, trucks, tractors, vehicles, parts and accessories being categorised as 'Machinery' and or equipment and listed for sale or auction.
Miscellaneous Auctions - means the sale or auction of listings/lots pertaining to a value of less than $10,000.
Negotiated Sale - means a sale negotiated between a Seller and a Buyer as provided for by the REALM Services.
Buyer - means a purchaser of a lot on the REALM Services.
Sales Terms - means the terms and conditions which govern any Contract of Sale entered into by Sellers and Buyers.
Selling Agent - means REALM Services who lists a lot in an auction on behalf of a Seller.
User Agreement - means this document, including the User Agreement and Sale Terms.
Seller - means a vendor of a lot with REALM Services.
Seller Agreement - means the terms and conditions for the sale of a lot/s through REALM Services.
Please read these conditions carefully before using REALM Services. By using REALM Services, you agree to be bound by these conditions. We offer a wide range of REALM Services, and sometimes additional terms may apply. When you use an REALM Service (for example Agricultural Machinery and equipment Auctions and Sales Real-estate / livestock sales - you will also be subject to the terms and conditions and policies applicable to that REALM Service ("Service Terms").
Please review our Privacy Policy Statement, which governs your use of REALM Services, to understand our practices.
When you use REALM Services or send emails, text messages and other communications from your computer or mobile devise to us, you are communicating with us electronically. To communicate with you REALM Services will contact you electronically in a variety of ways including email, text or by posting messages or communications on the website through our message centre and or social media. You consent to receive communications from us electronically and agree that communications that we provide to your satisfy any legal requirement that such communications be in writing.
All content included in or made available through any REALM Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads and data compilations is the property of REALM or its content suppliers and is protected by United States and international copyright and authors rights laws and (where applicable) database right laws.
Other than to the extent necessary to use any REALM Service for its permitted purpose and in accordance with these Conditions of Use and the applicable Service Terms, you may not copy, extract and/or re-utilise any content of any REALM Service without our express written consent, including, without limitation, any product listings, descriptions, prices and account information.
Your viewing and use of the Website and the Online Sales system is governed by you agreeing to this agreement. By applying to become a Registered Bidder, logging onto and using the Website and the Online Sales System, making or purporting to make a Bid at any Auction / Sale or submitting or purporting to submit a Tender at any Tender Sale, You irrevocably submit that You:
(A) have read, understood and will comply with this Agreement; agree to be bound to this Agreement;
(B) have examined to the best of Your ability and knowledge all information relevant to the risks, contingencies and other circumstances affecting the Website and Online Sales System; and
(C) have had an opportunity to clarify any questions or issues in relation to the Website or the Online Sales System.
(D) Acknowledge REALM as the auctioneer, is acting as an agent for the Seller. If any dispute arises in relation to the supply of an Item(s) (whether before or after REALM has paid the Seller the proceeds of any sale) the dispute will be between the prospective Buyer and the Seller and I acknowledge and agree REALM will be excluded from any subsequent action or court proceedings. If REALM is subsequently included in any such action or proceedings, I agree to indemnify REALM and or any associated entities for any liability or costs incurred by REALM in relation to such action or proceedings, except to the extent caused or contributed to by the gross negligence or willful misconduct of REALM or any associated entity.
When you use the Service and bid on an item during an online auction conducted on our Site or another auction site as part of the REALM Services, you are making an offer to buy the item at your bid price. If your bid price is the Winning Bid Amount, you will be the Winning Bidder and are obliged to purchase the item you have bid for and pay the Winning Bid Amount, plus any additional charges (such as buyer's premiums, taxes, or shipping) that you may be obliged to pay.
REMEMBER: When you make a bid you are entering into a legally binding contract. Please do not bid on an item if you are unable to pay for it and have it collected within the specific date/time specified for that particular auction or agreed to by the Seller or their agent.
Bidders must be registered to participate in Sales. A person may not participate in a Sale as a Bidder at an Auction or by submitting a Tender unless the person is a Registered Bidder.
You may apply to REALM to become a Registered Bidder to participate in Sales by completing the online application form. By applying to REALM, you represent and warrant to REALM that all information provided by you to REALM is complete and accurate. REALM may accept or reject an application in its absolute discretion by notice to You.
REALM will require You as a Registered Bidder to provide your credit card details before providing you access to the Online Sales System. You are required to maintain current credit card details while you are a Registered Bidder.
You acknowledge that REALM may in its sole and unfettered discretion carry out identity verification checks on personal identifiers supplied by You at any time during or after the registration process through any of REALM's third party service providers. In accepting these terms and conditions, you give consent and authority for REALM to carry out these checks on your personal identifiers for the purposes of verifying your identity or information supplied.
It is your responsibility to read the Product Information and Sale Overview about any item we post for auction on the Site.
You must not rely solely on the title summary or any photographs of the item posted on the Site for a complete description of an item. The photograph and description of the item are intended to serve as a guide only and must not be used to form a final opinion of the item's suitability. REALM makes all efforts to accurately describe all items on the site but is not responsible for any discrepancies or omissions which may exist in the description. It is ultimately your responsibility as a bidder to form your own view on the accuracy of an item's description prior to bidding.
Inspections are available by appointment as specified in the auction details or as agreed upon by the Sellers.
Successful bidders will be invoiced by email on the day following the auction conclusion. Please ensure full and accurate trading details are supplied.
Unless otherwise agreed in writing between REALM, Seller and Buyer, the purchase price will be payable upon invoice. Title of the purchased lot shall not pass to the buyer until REALM receives cleared funds on the full payment and REALM has authorised release of the lot.
If applicable, Buyers agree to authorise REALM to debit the buyer's debit card for payment of the lot with the applicable surcharge fee (e.g., 1.75% administration fee) as permitted by law.
Upon the authorised release of the goods from REALM, the buyer must coordinate the pickup of the goods with the Seller. REALM may assist in directing the Buyer to the relevant freight company enquiry line should that be required, whereas the successful freight company will liaise directly with the buyer to coordinate shipment.
The Seller warrants the Agent that:
Unless specifically stated on a lot in its description, the lots are sold 'AS IS, WHERE IS' without a warranty, express or implied.
If, within 24 hours from the receipt of goods, the buyer of a lot demonstrates to REALM satisfaction that the purchased good is a gross misrepresentation in the description of the lot, REALM may, in its sole discretion, rescind the sale, and refund the full purchase price to the buyer on the receipt of the Seller remitted payment for the rescinded sale. In addition, the Seller will be liable to reimburse the Buyer for any out of pocket costs where such is due to the misrepresentation of the goods within 48 hours of receiving notification from REALM unless otherwise agreed.
The Seller agrees to release and indemnify the Agent against all actions, proceedings, claims, demands, costs and expenses (including but not limited to the cost of defending or settling any action, claim or demand) which may be taken or made against the Agent in the course of or arising out of the performance or exercise of any directions, duties or authorities of the Agent under this agreement, except in cases of the Agent's gross negligence.
Buyers are responsible for the payment of any applicable state and local sales or use taxes. REALM will collect and remit sales tax where required by law unless a valid tax-exempt certificate is provided by the Buyer prior to payment.
This Agreement and any disputes arising out of or related to the Services shall be governed by and construed in accordance with the laws of the United States, without regard to its conflict of law principles.
REALM Group America
Green Bay, Wisconsin
Phone: +1 (903) 493 6355
Email: admin@realmgroupamerica.com
