Seller Terms

Last updated March 18, 2022

These Seller Terms (“Seller Terms”) are a legal contract between You and Bucko Brands Inc. (“Company” or “Us” or “Our” or “We”) and govern Your access to and use of the Website and Services as a Seller and Your provision, offer to sell and sale of Equipment on or through the Website. These Seller Terms supplement, and are hereby incorporated into, the Terms of Use found at (the “Terms of Use”). All capitalized terms used and not defined in these Seller Terms will have the meanings given to them in the Terms of Use.

Before You (“Seller”) attempt to list, advertise or offer any Equipment for sale on the Website, please read these Seller Terms. BY LISTING ON THE WEBSITE, YOU HEREBY REPRESENT THAT YOU HAVE READ, UNDERSTOOD AND ACCEPT THESE SELLER TERMS AND ALL OTHER TERMS AND CONDITIONS REFERENCED IN THESE SELLER TERMS, INCLUDING WITHOUT LIMITATION THE TERMS OF USE, AND THAT YOU WILL BE RESPONSIBLE FOR YOUR USE OF THE WEBSITE AND YOUR ADVERTISING AND SALE OF EQUIPMENT. If You choose not to accept these Seller Terms, You may not list, advertise, offer to sell or sell Equipment on the Website.


Under the terms of these Seller Terms and the Terms of Use, You have the opportunity to use the Website as a platform on which You can list, advertise and offer Equipment for sale to potential Buyers. You and Buyer are each acting on Your or Buyer’s own behalf, and the Company is not a party to any transaction and subsequent binding obligation to sell or buy the Equipment that is entered into between You and the Buyer. By entering into these Seller Terms for use of the Website and by listing Equipment on the Website for sale, You hereby extend an irrevocable offer to sell the Equipment to a Buyer who commits to purchase the Equipment at the listed price. After the Buyer has committed to purchase the Equipment at the listed price, a binding obligation between you and the Buyer to sell and respectively purchase the Equipment is automatically created.


The Equipment You offer for sale and your User Submissions in connection with the Equipment will each comply with all applicable laws, rules and regulations. You represent, warrant and covenant that the User Submissions made by You related to the Equipment that You offer for sale on the Website, including without limitation any information or responses given to questions posed by potential Buyers, will be true, accurate and complete in all respects. You agree that: (i) You are solely responsible for the Equipment You list on the Website and for any inaccuracies, errors or omissions in the information You provide; (ii) You will not list any Equipment through the Website that is illegal to possess, use or sell under any applicable law, rule or regulation; (iii) You will fully, completely and accurately describe, reflect, and disclose all information relating to, Your Equipment (including without limitation the manufacturer, model, condition and operation of the Equipment); (iv) Your Equipment and all User Submissions depicting the Equipment will be of the actual item, and not examples or samples of the item; (v) all images and videos of the Equipment will be images and videos of the actual Equipment for sale and not stock images or videos or images or videos of similar equipment, and the images and videos will accurately depict the Equipment in its true operation and condition; (vi) Your User Submission describing the Equipment will not contain any links to or descriptions of any items not listed by You on the Website; (vii) once the Equipment is listed on the Website, You will not (and will not allow any party to) operate, lease, rent, modify, alter, sell, transfer, or dispose of the Equipment until the Equipment is sold to a Buyer and then only in connection with selling and transferring the Equipment to the Buyer; (viii) You will make the Equipment available to the first Buyer that accepts the offer to purchase the Equipment; and (ix) if the Equipment delivered to the Buyer is not as described, You are responsible for arranging for transportation of the Equipment back to you at your sole expense. We reserve the right, in our sole discretion, to (a) refuse to allow any item of Equipment to be listed on the Website, at any time and for any reason; (b) withdraw any Equipment listing from the Website at any time and for any reason; (c) review and verify information posted in connection with the Equipment; and (d) report to applicable authorities or cancel any transaction that it deems to be suspicious or fraudulent. NO GUARANTEE The Company does not guarantee that potential Buyers will express interest in or that any Buyers will purchase Your Equipment, that You will be able to sell Equipment using the Website, or that You will be able to collect the purchase price from the Buyer. In addition, We do not guarantee that Your Equipment listing will appear or remain in any specific order on the Website. SELLER OBLIGATIONS As a Seller on the Website, you agree to (i) comply with these Seller Terms and the Terms of Use; (ii) comply with all applicable laws, rules, and regulations; (iii) coordinate the sale and purchase of Your Equipment directly with the Buyer for the Equipment, including without limitation working or cooperating with the third-party escrow payment services provider and transportation services provider; (iv) respond to and resolve any and all questions and Buyer complaints in a timely and respectful manner; (v) prepare and deliver the purchased Equipment in a timely and secure manner, but in any event ensure delivery of the Equipment within three (3) weeks of purchase; and (vi) maintain good standing with Us. You are responsible for making full disclosure to potential Buyers of all registered and unregistered liens, encumbrances, security interests, tax or duty obligations, claims of any third parties or other contrary claims whatsoever (“Encumbrances”) and third-party interests that may exist or pertain to Your Equipment. In addition, You will, at Your own cost and expense, warrant and defend title to the Equipment on behalf of the Buyer against the claims and demands of all persons. If required, you shall be responsible for the payment of any independent equipment appraisals and documentation fees required to release such liens. Sales are considered final, except in cases where the manufacturer or model of the delivered Equipment is inaccurate or does not match the manufacturer or model in Your Equipment listing. The Buyer is permitted to return Equipment after it has been delivered, if the delivered Equipment does not match Your description of the manufacturer, model, condition or operation of the Equipment. You are responsible for arranging transportation of the returned Equipment from the Buyer to Your location at your sole expense. In addition, You are responsible for resolving any other issues or complaints from the Buyer that arise regarding the Equipment after the Buyer’s funds have been released to You by the Escrow Provider. The transaction for Your Equipment is solely between You and the Buyer or with any third-party with which you contract for additional services. We are not a party to the transaction between You and the Buyer or such third-party, and You will ensure that we are not made a party to the transaction between You and the Buyer or such third-party. TRANSACTION INFORMATION The Company owns (and You hereby assign to the Company) all order information (e.g., Buyer full name, shipping address, email address), and all other information relating to Equipment sales or purchases through the Website, including but not limited to information that is entered into the Website (but not including information inputted by Seller regarding the Equipment), information that is created as a result of a transaction, and ratings and reviews provided by Buyers (the foregoing collectively, the “Transaction Information”). Any personal information included in Transaction Information is subject to the Company Privacy Policy and any additional privacy guidelines posted by the Company. You may only use Transaction Information to further a transaction related to the sale and purchase of Equipment between You and the Buyer through the Website, in accordance with these Seller Terms, the Company Privacy Policy and any other applicable privacy policies, and applicable law. You will not (i) disclose or convey any Transaction Information to any third party (except as necessary for You to perform Your obligations under these Seller Terms); (ii) use any Transaction Information to conduct buyer surveys or for any marketing or promotional purposes; (iii) contact a Buyer that has ordered Equipment that has not yet been delivered with the intent to collect any amounts in connection therewith or to influence such Buyer to make an alternative or additional purchase; (iv) target communications of any kind on the basis of the intended recipient being a Website user; or (v) use any information about Buyers gained through the Website or Equipment transactions to directly solicit such Buyers through any other sales channels. The foregoing does not prevent You from using information you gathered independent of the Website or Services, provided that You do not target communications on the basis of the intended recipient being a Website user. RECALLS The Company will have no responsibility or liability for any recalls of Equipment sold through the Website. You are solely responsible for any non-conformity or defect in, or any public or private recall of Equipment you list, offer for sale or sell on the Website. You will promptly remove any recalled Equipment from the Website by un-publishing, delisting or otherwise removing, or requesting removal of, the Equipment through Your account on the Website. You will notify the Company by e-mail of all Equipment recalls within 24 hours of becoming aware of the recall and will promptly provide the Company with all information that the Company may reasonably request regarding the recall. INSPECTIONS The Company may provide You an opportunity to have a virtual test and inspection of Your Equipment performed by a third-party service provider of the Company for a fee. For all inspections requested and purchased by You, You agree to permit the Company’s third-party service provider to remotely or virtually test and inspect the requested piece of Equipment at a time and place mutually agreed upon. As part of this virtual test and inspection process, a Company representative may be required to go to the location of the Equipment to obtain video recordings of the Equipment. You agree to cooperate with such Company representative in arranging for, and in the collection of, video recordings or other information regarding the Equipment in connection with such virtual test and inspection. The third-party service provider will produce a virtual inspection report (“Inspection Report”) for the Equipment virtually inspected by the third-party service provider. The inspections are solely for the purpose of [reporting on the visible condition of the Equipment’s main systems], and the inspections are not intended to detect latent or hidden defects or conditions that might be found in connection with physically dismantling the Equipment or through use of diagnostic equipment or techniques. Your failure to properly maintain the Equipment from the date of inspection until delivery of the Equipment to the Buyer will void the inspection. In addition, if you alter or perform any repairs or other maintenance to the Equipment after the inspection, another inspection will be required and will be subject to payment of another inspection fee. The Inspection Report produced by the third-party service provider is the sole and exclusive property of the Company. Nothing in these Seller Terms will be deemed to grant any other party any license, ownership or other intellectual property rights in the Inspection Report. You are not permitted to use the Inspection Report for any other purpose without the prior written consent of the Company. FEES You agree to pay the Company its then-current fees for Our Services and in connection with Your sale of Equipment using the Website. WARRANTIES In addition to the representations and warranties set forth in the Terms of Use, You represent and warrant that you have and will maintain all applicable and necessary rights, licenses, permissions, permits and authorizations to place Your Equipment for sale and to sell the Equipment, and the offering for sale, advertising and sale of the Equipment will not violate or infringe any intellectual property rights, proprietary rights or other rights of any third party. You further represent and warrant that all Equipment listed by You: (i) are, and on the date of sale will be, owned by You, or You have the legal right and authority to list and sell the Equipment on behalf of the legal owner; (ii) are free and clear of any and all Encumbrances, except as expressly, clearly and accurately disclosed by You within the applicable listing for the Equipment; (iii) are safe, in good operating condition, and free of material defects, except as expressly, clearly and accurately disclosed by You within the applicable listing for the Equipment; (iv) have not been modified or tampered with in any manner; (v) have never been rebuilt, salvaged or glidered and have all original parts (with no refurbished parts), except as expressly, clearly and accurately disclosed by You within the applicable listing for the Equipment; and (vi) have not been fraudulently obtained, and are not stolen or counterfeit. INDEMNIFICATION In addition to the indemnification provisions set forth in the Terms of Use, You agree to indemnify, defend and hold the Company and Our directors, officers, employees, agents, and successors harmless from and against any and all claims, actions, causes of action, liabilities, damages, judgments, awards, losses, costs, expenses, and fees (including reasonable attorneys’ fees) arising out of or relating to: (i) any breach of the representations, warranties or covenants set forth in these Seller Terms; (ii) Your improper use of the Website; (iii) any deficiency in compliance with any laws, rules or regulations, including concerning consumer protection, privacy, or taxes related to Your use of the Website and any transactions with Buyers or other users; (iv) any deficiency in compliance with any applicable manufacturer requirements or standards or government restrictions related to Your Equipment; (v) any Encumbrances against or defects in title to, or taxes or duties payable with respect to Your Equipment or any part thereof; (vi) any deficiencies or failures on the part of any buyer to provide any necessary information or documents or to perform any necessary actions in connection with the transaction for the Equipment; and (vii) any negligence, unlawful act, or willful misconduct by You in connection with these Seller Terms or Your listing for sale and sale of Equipment on the Website. RISK OF LOSS You will be responsible for loss or damage to the Equipment until delivery of the Equipment to, and acceptance of the Equipment by, the Buyer and release of the sales proceeds to You by the Escrow Provider. DISCLAIMER OF ALL WARRANTIES TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE WEBSITE AND SERVICES ARE PROVIDED BY THE COMPANY “AS IS” AND “WITH ALL FAULTS”. WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND (EXPRESS, IMPLIED, OR STATUTORY) WITH RESPECT TO THE WEBSITE AND SERVICES, INCLUDING BUT NOT LIMITED TO ANY IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, TITLE AND NON-INFRINGEMENT, OR OTHER WARRANTIES OR CONDITIONS ARISING FROM COURSE OF DEALING, USAGE, TRADE OR CUSTOM. LIMIATION OF LIABILITY TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE COMPANY BE LIABLE FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF REVENUE, PROFITS, BUSINESS, DATA, USE OR OTHER ECONOMIC ADVANTAGE), HOWEVER ARISING, EVEN IF WE KNOW THERE IS A POSSIBILITY OF SUCH DAMAGE. IN NO EVENT WILL THE TOTAL, AGGREGATE LIABILITY OF THE COMPANY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE) ARISING FROM THESE SELLER TERMS, THE LISTING OR SALE OF EQUIPMENT, OR YOUR USE OF THE WEBSITE, EXCEED IN THE AGGREGATE THE AMOUNT OF FEES RECEIVED BY THE COMPANY FROM THE EQUIPMENT SALE RELATED TO SUCH CLAIM. TERMINATION Without limiting any other remedies, the Company has the right, in its sole discretion, to suspend or terminate your access to or use of the Website at any time and for any reason, without notice, including, without limitation, if: (i) you are in breach of these Seller Terms or the Terms of Use; (ii) you have provided inaccurate, fraudulent, outdated, or incomplete information when registering Your account, listing the Equipment, answering questions about the Equipment, or thereafter; (iii) you have violated any applicable laws, rules, regulations, or third-party rights; (iv) termination is required for fraud prevention, risk assessment, security, investigation or similar purposes; or (v) the Company believes in good faith that termination is reasonably necessary to protect the health, safety or property of other users, the Company’s personnel, or third parties. AMENDMENT TO SELLER TERMS We may, in Our sole discretion, change, update, add or remove provisions (collectively, “modifications”) of these Seller Terms from time to time. We will inform You of any modifications to these Seller Terms by posting them on the Website and by describing the modifications to these Seller Terms in an email that We will send to the address that You provided during account registration. Continued use of the Website following notice of any such modifications indicates You acknowledge and agree to be bound by the modifications. GENERAL These Seller Terms, together with the Terms of Use and any terms incorporated therein, contains the entire agreement between You and Us and supersedes all previous communications, representations, understanding and agreement, either oral or written, with respect to the subject matter. No partnership, venture, agency or employer-employee relationship is created or intended by these Seller Terms. In the event of a conflict between the provisions in these Seller Terms and the Terms of Use, the Terms of Use shall prevail. If any provision of these Seller Terms is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision will be removed and the remaining provisions will continue in full force and effect. The failure of either You or Us to exercise or enforce any rights or provisions of these Seller Terms shall not constitute a waiver of such right or provision. All provisions of these Seller Terms regarding payment obligations incurred prior to termination, representations and warranties, indemnification, disclaimers, limitations of liability, and other provisions that by their nature should survive, will survive any termination of these Seller Terms.

These Terms of Use (“Terms”) are a legal contract between You and Us (collectively, "Everyone") and govern Your use of all the content, text, data, information, software, functionality, features, graphics, photographs and more (all of which We refer to as “Materials”) that We and Our affiliates may make available to You, as well as any services (“Services”) We may provide or make available through, and the sale or purchase of any agricultural equipment (“Equipment”) sellers (“Sellers”) may list on and buyers (“Buyers”) may purchase from, any of Our websites (all of which are referred to in these Terms as this “Website”)




We may alter the Materials and Services We offer or make available to You and/or choose to modify, suspend or discontinue this Website at any time and without notifying You. We may also change, update, add or remove provisions (collectively, “modifications”) of these Terms from time to time. Because Everyone benefits from clarity, We promise to inform You of any modifications to these Terms by posting them on this Website and, if You have registered with Us, by describing the modifications to these Terms in an email that We will send to the address that You provided during registration. To be sure We properly reach Your email inbox, We just ask that You let Us know if Your preferred email address changes at any time after Your registration.

If You object to any such modifications, Your sole recourse shall be to cease using this Website. Continued use of this Website following notice of any such modifications indicates You acknowledge and agree to be bound by the modifications. Also, please know that these Terms may be superseded by expressly-designated legal notices or terms located on particular pages of this Website (including the Seller Terms and Buyer Terms). These expressly-designated legal notices or terms are incorporated into these Terms and supersede the provision(s) of these Terms that are designated as being superseded.

In addition, from time to time there may be information on the Website that contains typographical errors, inaccuracies, or omissions that may relate to Equipment descriptions, pricing, and other content provided on behalf of the Company, users, or Our partners. We reserve the right to correct any errors, omissions, or inaccuracies and to change or update information that is erroneous or inaccurate at any time without prior notice and without liability to the Company. However, the relevant Seller is solely and exclusively responsible for the accuracy and completeness of any Equipment description, pricing, photographs, video, and other content and User Submissions posted or provided by the Seller, and any errors, omissions, or inaccuracies related to such Equipment description, pricing, photographs, video, and other content and User Submissions.


By using this Website, You promise that You are at least 18 years of age

We invite You to use this Website for listing, viewing, selling, purchasing and conducting such other transactions as permitted through the Website with respect to, the Equipment for individual purposes ("Permitted Purposes") – enjoy!

In these Terms we are granting You a limited, personal, non-exclusive and non-transferable license to use and to display the Materials. Your right to use the Materials is conditioned on Your compliance with these Terms. You have no other rights in this Website or any Materials and You may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of this Website or Materials in any manner. If You make copies of any of this Website while engaging in Permitted Purposes then We ask that You be sure to keep on the copies all of Our copyright and other proprietary notices as they appear on this Website.

Unfortunately, if You breach any of these Terms the above license will terminate automatically and You must immediately destroy any downloaded or printed Materials (and any copies thereof).


We appreciate You visiting this Website and allow You to do just that – stop by and leisurely check it out without even registering with Us!

However, in order to list and offer Equipment for sale on the Website as a Seller, to purchase Equipment listed and offered for sale on the Website as a Buyer, and to use certain Services and Materials offered on and through this Website, You must successfully register an account with Us.


If You want an account with Us, You must submit the following information through the account registration page on this Website:

  • A working email address;
  • First and last name;
  • Zip code
  • Preferred password
  • For sellers: physical address for Equipment pick up.

You may also provide additional, optional information so that We can provide You a more customized experience when using this Website –but, We will leave that decision with You. Once You submit the required registration information, We alone will determine whether or not to approve Your proposed account. If approved, You will be sent an e-mail detailing how to complete Your registration. For so long as You use the account, You agree to provide true, accurate, current, and complete information which can be accomplished by logging into Your account and making relevant changes directly or contacting Us using the below contact information and We can make the changes for You. And, if You forget Your password – no worries as We will happily send a password update to Your provided email address.

You are responsible for complying with these Terms when You access this Website, whether directly or through any account that You may setup through or on this Website. Because it is Your account, it is Your job to obtain and maintain all equipment and services needed for access to and use of this Website as well as paying related charges. It is also Your responsibility to maintain the confidentiality of Your password(s). Should You believe Your password or security for this Website has been breached in any way, You must immediately notify Us.


As part of the Services offered in connection with the Website, You may be permitted to use the Website to sell Equipment as a “Seller” or to purchase Equipment as a “Buyer”. You must be 18 years of age to sell Equipment to a Buyer or to purchase Equipment from a Seller. You understand and agree that we merely provide the Website and are not a party to any transaction regarding the purchasing or selling of Equipment and We cannot and will not be responsible for making sure that the Equipment is actually provided or is up to a certain standard of quality. We do not control the actions of any Sellers or Buyers, and Sellers are not our employees or contractors. You hereby acknowledge that We do not supervise, direct, control or monitor the Sellers in their handling or selling of Equipment. If You are a Buyer, You agree to indemnify Us for any losses related to Your purchase or use of Equipment. If You are a Seller, You agree to indemnify Us for any losses related to (i) Your handling, listing, advertising and sale of Equipment, or (ii) the Materials You provide to Us for inclusion on Our Website. YOU ACKNOWLEDGE AND AGREE THAT WE ARE NOT A PARTY TO THE EQUIPMENT TRANSACTIONS AND YOU RELEASE US FROM ANY LIABILITY RELATED THERETO OR RELATED TO EQUIPMENT PURCHASED OR SOLD ON OR THROUGH THE WEBSITE, AND WE EXPRESSLY DISCLAIM ANY RESPONSIBILITY OR WARRANTY RELATING TO THE EQUIPMENT, SELLERS’ ACTS OR OMISSIONS OR BUYERS’ ACTS OR OMISSIONS, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OR CONDITION OF GOOD AND WORKMANLIKE SERVICES, WARRANTY OR CONDITION OF QUALITY OR FITNESS FOR A PARTICULAR PURPOSE, OR COMPLIANCE WITH ANY LAW, REGULATION OR CODE.

If there is a dispute between participants on the Website or Services, or between users and any third party, You agree that We are under no obligation to become involved. In the event that You have a dispute with one or more other users, You release Us, Our directors, officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or the Website or Our Services. You shall and hereby do waive California Civil Code Section 1542 or any similar law of any jurisdiction, which says in substance: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”


You agree to pay all applicable fees related to Your use of this Website and Our Services, including without limitation Your listing, or the inspection, sale, purchase, and transportation of Equipment as a Seller or Buyer, as applicable. Such fees are described more fully on Our PAYMENT PAGE and in the SELLER TERMS and Buyer Terms. We may suspend or terminate Your account and your ability to sell or purchase Equipment listed on the Website and/or Your access to Our Services and this Website if Your payment is late and/or Your offered payment or payment method cannot be processed. By providing a payment method, You expressly authorize Us to charge the applicable fees on said payment method as well as taxes and other charges incurred thereto at regular intervals, all of which depend on Your particular utilized services.