Revised June 27, 2019

Surplus Terms and Conditions

These Surplus Terms and Conditions pertain to the sale of usable surplus assets for the U.S. Department Of Defense ("DoD") ,other agencies of the U.S. Government and their Contractors (collectively, the "U.S. Government") and other persons or organizations selling property consistent with our DoD offerings.

The Surplus Terms and Conditions were last revised on June 27, 2019.

1.        END-USE CERTIFICATES (EUC) (DLA FORM-1822)

IRONPLANET WILL NOT SELL ANY DEMIL B, D, E, F, Q OR C PROPERTY WITHOUT AN APPROVED END-USE CERTIFICATE. When an END-USE-CERTIFICATE (EUC) is required to complete the transaction, no property will be released or removed until all certificates are filed and the property has been cleared for release. There will be no exceptions or exclusions to this requirement. The edition of the EUC, DLA Form-1822, provided online is the ONLY valid form accepted for these sales events. Once it is determined that you are the high bidder, after the sale close date, the following deadlines apply: You will have seven business days from the sale closing date to submit a completed EUC. If revisions to the EUC are necessary, you will have an additional five business days to make revisions and submit an EUC capable of being accepted by IronPlanet or the the Defense Logistics Agency Office of Criminal Investigations Trade Security Control Office, whichever will be reviewing the EUC. Buyers who have not submitted an acceptable EUC (DLA Form-1822) within 12 business days will have their winning bids voided and liquidated damages assessed equal to the greater of 25% of the winning bid or thirty dollars ($30).

The requirement that the EUC be complete, correct and legible is your obligation. We do not control the amount of time required for approval or the final decision to allow or disallow the release of the property to the individuals completing and filing the EUC.

Prospective Buyers of property originating from the DoD or the U.S. Government are notified that property sold is subject to Demil Code changes as imposed by the DoD or the U.S. Government. If an item's Demil status changes to "B", "D", "E", "F", "Q" OR "C", you agree to complete a DLA Form-1822 when informed of the change, and if requested by the U.S. Government. Buyers will be notified in writing, with an explanation of the sale/lot/item in question, and a copy of the End-Use Certificate will be provided for completion. This becomes a condition of sale.

Sales of DoD origin property for which EUCs have not been approved by TSC within 60 days of submission will be canceled by IronPlanet at our sole discretion without liquidated damages to the Buyer.

2.        DESTINATION CONTROL STATEMENT

IRONPLANET WILL REQUIRE A SIGNED DESTINATION CONTROL STATEMENT ACKNOWLEDGING THE BUYER IS RESPONSIBLE FOR ALL EXPORT REGULATIONS AND DOCUMENTATION. When a Destination Control Statement is required to complete the transaction, no property will be released or removed until all certificates are filed and the property has been cleared for release. There will be no exceptions or exclusions to this requirement. The edition of the Destination Control Statement provided online is the ONLY valid form accepted for this sales event. Once it is determined that you are the high bidder, after the sale close date, you will be required to fill out and acknowledge the Destination Control Statement prior to checkout.

3.        THE PROPERTY

The information and descriptions found in the advertising materials for specific auctions or sales events are not guaranteed. We neither assume responsibility nor make any warranty regarding the sale's contents. Condition codes, National Stock Numbers (NSN), Local Stock Numbers (LSN), and National Item Identification Numbers (NIIN) are provided as received from the DoD as assistance to our buyers. We do not guarantee the accuracy of this information. It is your responsibility to verify an asset's information and description, including, but not limited to, product condition, estimated weight, count, measure or other factors that determine the bid price. Information provided by us is not guaranteed and should not be considered as a substitute for your due diligence and physical inspection of the asset.

3.1.     Demilitarization as a Condition of Sale ("DCS") Property. Demilitarization as a Condition of Sale ("DCS") property are items that must be demilitarized pursuant to applicable DoD regulations before title to the residue can pass to the Buyer. We will advise you of the demilitarization procedures for DCS property offered for sale on this website. Demilitarization will be effected by melting, popping, crushing, deforming, or otherwise mutilating the property so as to completely destroy its military purposes. The use of precision torch fixtures, saws, tools of any kind to minimize mutilation or demilitarization is forbidden. Buyers of DCS property are subject to surveillance and verification by the DoD. Failure to perform the required demilitarization within 30 days of property removal may result in the Buyer being referred to the Defense Logistics Agency Office of Criminal Investigations or other appropriate enforcement authorities, as well as the suspension of bidding privileges with us. You represent that only U.S. persons (U.S. citizens or legal permanent residents) will perform or have access to the demilitarization procedures communicated by IronPlanet.

3.2.     Shell Cases.You agree that you are not purchasing any shell cases for military use. You agree that you will not, directly or indirectly, use or dispose of in any fashion the assets for military use. You agree that you will include this clause in its entirety in any later sale or transfer of title, or possession by you or your successor in title or interest. You agree that the assets will not be exported for military use and, if exported for any reason, a full disclosure of their origin by reference to our Equipment Listing will be made to the appropriate export licensing department or agency. Any asset you plan to export must be completely destroyed prior to exportation.

3.3.     Medical and Dental Assets.If you buy medical and dental assets from us, you must complete the online Food and Drug Administration (FDA) form before the assets will be released. Submittal of this form is a one-time requirement and will remain valid for all future purchases. You must complete either section A or section B of the form (whichever applies). It is your responsibility to provide an updated FDA Certificate in the event of a status change (from "A" to "B" or "B" to "A"). The FDA form may be completed prior to bidding or after the sale is closed and notification is sent to you informing you of your successful bid on the asset. Payment will not be accepted nor will any medical or dental assets be released without the form. We decide what constitutes "medical" or "dental" assets. It is your responsibility to complete and submit the form. In the event the FDA form is not completed within the specified period of time (stated for the sale), we reserve the right to withdraw the objects from the sale and dispose of them at our discretion. Should this occur, we will assess as liquidated damages the greater amount of 25% of the winning bid, or $30. IronPlanet does not review the form to ensure it is completed correctly, and our acceptance of the form does not guarantee that the completed form will be considered acceptable by the FDA. If you have questions about how the form should be completed, you should seek legal counsel.

3.4.     Demil Code Changes; Return of Restricted Property. In the event that DoD changes a Demil Code or determines that an item offered for sale by IronPlanet may not be sold, or must be sold with restrictions, IronPlanet may withdraw the item from sale or place additional restrictions on the sale at any time prior to the removal of the item by the Buyer. The Buyer will be limited in remedy to a refund of the purchase price and cancellation of the sale.

Items sold by us, which are subsequently changed to a Demil Code status determined to be restricted by DoD or the U.S. Government, must be returned by you to the nearest DoD facility or other U.S. Government facility (if not originating from DoD), and you will be reimbursed for the purchase price and any documented transportation costs incurred by you. If you have already transferred the property to another party, you agree to provide the name and contact information of that party to the DoD or other federal government agency charged with the investigation of the transfer or recovery of the property. Your failure to cooperate in returning these items, providing contact information of transferees or completing and submitting End-Use Certificates upon any Demil Code change may constitute grounds for suspension of your account and prohibition from bidding in future IronPlanet or U.S. Government sales, and we reserve the right to suspend your participation without providing you any additional notice or warning.

In the event that a Buyer is requested to return property subsequently determined by the DoD or the U.S. Government to be restricted, Buyer understands that any certification to IronPlanet regarding what has been returned will be forwarded to the Government and be the basis for determining any refund due the Buyer. If you falsely claim a refund for property you have not returned to DoD or the U.S. Government, you may be liable under the False Claims Act, 18 U.S.C. §287. Included with the request to return property, you will receive contact information for Fast Track Logistics, who will be responsible for returning the property to the Government at no cost to the Buyer.

You agree to cooperate with DoD and the U.S. Government in the recovery of property that was sold to you, which is later determined to have been restricted, and understand that if you fail to do so you will be deemed by the DoD or the U.S. Government to be "uncooperative" and may be denied access to future sales events at the discretion of the DoD or the U.S. Government.

3.5.     Hazardous Components or Constituents. According to the terms of our contract with the DoD, IronPlanet sells only useable electronic devices, including reparable devices. IronPlanet makes no warranties or representations regarding the electronic devices it sells. Any device which is damaged in transit or is found to be cracked, shattered or broken may subject the buyer to regulations pertaining to the handling, storage, transportation, re-sale or disposal of electronic waste. Buyers are encouraged to check with their local and state department of environmental services to determine what regulations, if any, might apply under these circumstances. Further, certain property may have components, parts, constituents or ingredients that may be corrosive, reactive, ignitable or exhibit other hazardous or toxic properties. You are cautioned to use and ultimately dispose of any hazardous components or constituents according to all applicable local, national or international laws and regulations in a manner safe for the public and the environment.

Certain pieces of property may contain residual chemicals, friable asbestos, petroleum products and ozone depleting substances or other hazards. You acknowledge and agree that we are not responsible for providing documentation or certification regarding the identification or status of these substances. Certain pieces of property have design features that may be hazardous if warning labels are not heeded.

4.        REMOVAL OF PROPERTY

You understand and agree that the DoD reserves the right to withdraw any and all property offered for sale up to the time the property is removed. If this occurs, IronPlanet's liability is limited to return of the purchase price paid for the lot. IronPlanet has no liability for specific performance, incidental or consequential damages.

You are responsible for rigging, loading, securing and transporting purchased property, including all costs and risks associated with removal. Please note that IronPlanet does not package items prior to pickup. Buyers need to make arrangements for packing of purchased items with a packing and shipping store, or other suitable vendor.

Where IronPlanet indicates the property must be loaded by the Buyer, you must provide all material handling equipment and properly trained and certified operators to operate said equipment. Additionally, you must provide proof of adequate general liability insurance, and proof of worker's compensation insurance. IronPlanet and the DoD must be listed as additional insured on the general liability insurance. Your employees or agents are responsible for compliance with all federal, state, local and host installation (the military installation where the property is located) environmental, safety and health regulations while operating equipment on the site.

In the event IronPlanet/DoD extends the removal period to accommodate your needs, you understand and accept that any liability and risk of loss does not rest with IronPlanet or the DoD, but is at your own risk.

Buyer certifies that Buyer maintains the minimum legally required workers compensation insurance on any employees performing work for Buyer at any government facility.

You are responsible for any damages to property, including spills or releases of hazardous substances, which might occur during the removal process. Failure by you or your agent to clean up any releases or to repair any damages may result in your being banned from future participation in IronPlanet sales, and you may be reported to the appropriate authorities.

Either you or your agent will be required to sign for all material in the presence of an IronPlanet representative (unless otherwise approved by an authorized IronPlanet agent) prior to removing property.

5.        TRANSFER OF TITLE

5.1.     Timing of Transfer of Title. Unless property is being sold with a requirement for demilitarization or other destructive scrapping, title will transfer to you upon removal of the entire lot from the military installation or other location. Title to property that requires demilitarization as a condition of sale (DCS) or that requires some other form of destructive scrapping will not pass to you until the demilitarization or destructive scrapping has been completed and evidence of completion has been provided to us. Under no circumstances will title to any property pass to the Buyer until payment in full has been made to IronPlanet.

5.2.     Transfer of Title to Vehicles. If requested, IronPlanet will supply a SF97 to Buyers under the following conditions: The vehicle must have been sold in a "usable" property sale. There is a processing fee of $50, £50 or €50, depending on where the item is purchased, for EACH SF97 requested. Buyers that purchase items located in the United States and that request a state certificate of title or duplicate state certificate of title will be charged $50. In addition, IronPlanet will charge a document preparation fee of $100 for each state certificate of title or duplicate state certificate of title. Buyer must verify the following pertinent information required to complete a SF97:

  • Trailers - VIN#, Year, Make, Model, Body Style, and Weight
  • Vehicles - VIN#, Year, Make, Model, Body Style, Weight, MILEAGE, Number of engine cylinders and Fuel type

(Any missing information will delay our processing of your request)

Complete the Request for SF97 available during the Checkout Process. You are solely responsible for researching state requirements for titling and registration in your state and determining if the documentation provided by us will be accepted by your state or local department of motor vehicles.

We are not responsible for, nor liable for, any unauthorized use or operation of vehicles sold by us, for vehicles that are not legally registered with the state in which they are intended to be operated in, or for obtaining insurance and insuring vehicles that have been sold prior to any operation of the vehicle.

You are solely responsible for obtaining any necessary state or local permits allowing you to move any vehicle from the location of the sale. You agree to defend, indemnify and hold us harmless for your failure to comply with the provisions of this section. Vehicles described as "residue" will be provided SF-97s and will not be issued any title documents.

Any inspections required in order to complete a title application must be done at your expense and under your supervision. Check with your state regarding the requirements for applying for title prior to placing a bid.

Where an original SF97 was provided to the Buyer for a conveyance sold by IronPlanet, requests for duplicate SF97s will be considered by IronPlanet; however, IronPlanet has no obligation to provide duplicate documentation, and cannot guarantee that duplicate documentation will be made available. Where an original SF97 is provided to the customer for a conveyance sold by IronPlanet, at the time of transfer IronPlanet will assign the SF97 to customer via a Letter of Re-assignment.

Purchasers of NSN 2320010502084 please note: CHANGE OPERATING PROCEDURE BEFORE USE. APPLICATION OF ANTI-LOCK BRAKING SYSTEM (ABS) IS REQUIRED. FOR FURTHER INFORMATION ON ABS CONTACT CUSTOMER CARE AT 1-800-211-3983 OR customercare@ritchiebros.com.