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      Terms of Service

      How our transactions work, expectations, & responsibilities.

      The Basics (Plain Language)

      • A transparent & Fair Marketplace: Our goal at Boom & Bucket is to create the industry’s most trusted used equipment Marketplace.  We invest considerable resources into creating a listing experience that most accurately represents the equipment being sold. 
      • Boom & Bucket is committed to completing transactions quickly, and part of that requires the same commitment from our customers. 
      • We inspect most of our equipment and provide the evaluation results, photos, & videos on each individual listing to our customers.  When we can, we also include additional resources like maintenance history, National Motor Vehicle Title Information System (NMVTIS) vehicle reports, & oil analysis. 
      • We collect as much information about the equipment as we can, and we make it all available to our buyers.  It is impossible to evaluate every detail about used equipment, but at a minimum we evaluate the core functionality of any machine, and we stand by the results we provide in this regard.  
      • If there are issues or disputes with the condition of our equipment, or it differs from the inspection report, photos, videos, or maintenance records, we ask our Buyers to bring the issues to our attention as quickly as possible (within 2 days), so that Boom & Bucket can find the most effective solution for all parties. 
      • In the event of any conflict between this policy and Federal, State, and Local laws, such laws shall supersede these policies where applicable.

      Timing

      • The Buyer will have two calendar days from delivery of the vehicle/machine to identify & report any and all items or discrepancies to be reviewed by the quality control team at Boom & Bucket.  For the purposes of this statute the 48 hour window begins at:
        • The time of pickup at the Seller location if Buyer elects to conduct their own 3rd party transportation.
        • If the Buyer elects to have transportation completed with a Boom & Bucket preferred vendor, the 48 hour window begins at the time of delivery at the Buyers location. 
        • For on-highway vehicles where the Buyer elects for drive-away service, or conducts drive-away service themselves, the Buyer may not submit a claim after the vehicle leaves the seller’s location.

      Investigation

      • In order to fully investigate a claim, Boom & Bucket may require Buyers to provide evidence of the claim and assist in diagnosis within a specified timeframe in order to determine the best resolution. This may include:
        • Photo or video evidence against the discrepancy within two calendar days of delivery.
        • Taking the vehicle to a third party diagnosing facility designated or approved by Boom & Bucket.
        • Written evidence of said discrepancy by authorized mechanic or dealership & corresponding work order documentation.

      Canceled Sales

      • If a dispute emerges between the Buying & Selling parties after the transaction has taken place, Boom & Bucket reserves the right to conduct arbitration between the parties & determine the best course of action to resolve the dispute & return the item to the Seller. 
      • If the vehicle/machine has already been delivered to the Buyer’s location, the Buyer assumes full responsibility for safety and security of the vehicle until transportation can be coordinated to return the item to the Seller. 

      What is eligible under our Powerhouse Protection Plan

      In order for the buyer to exercise our guarantee and to be eligible for any remedy based on the vehicle/machine condition, each of the following criteria must be met:

      • The item regarding defect or discrepancy was evaluated in the inspection report, vehicle history report (if applicable), or otherwise by the Seller or Boom & Bucket. 
      • A single mechanical defect with a repair cost in excess of $500. The cost of the repair is determined by Boom & Bucket based on wholesale dealer cost and labor rates commensurate at the time of repair. 
      • The defect is not included in the list of items in this policy that are not eligible for arbitration.
      • The discrepancy is against a component that is essential for the core functionality of the vehicle/machine. i.e. the machine cannot properly perform its primary purpose without remediation of the discrepancy.

      What is not eligible under the Guarantee

      • The vehicle/machine not be eligible for any remedy related to any of the following:
        • Non-factory add on parts, and modified machines/vehicles are sold “As-Is” and are not eligible.
        • The machine/vehicle makes noises or demonstrates conditions that are inherent or typical to a particular model or manufacturer, unless deemed “excessive” by the diagnosing dealership on non-warranty items. OEM dealer warranty guidelines will be used to determine whether the condition is excessive.
        • The issue with the machine/vehicle is related to wearable items, regardless of repair cost. For purposes of this policy wearable items would include, but are not limited to: tires, wipers, brake pads, shoes, rotors, belts, lines & hoses, seals & gaskets, lubricants/fluids, spark plugs & wires, ignition coils, timing belts, bulbs, filters, shocks & struts, suspension, exhaust and standard transmission clutches.
        • Head-gasket leaks unless they are causing an internal engine leak in which oil and/or coolant are leaking into the combustion chamber, resulting in consumption of oil and/or coolant that is burned and realized by smoke exiting the exhaust tailpipe, or intermix of oil and coolant. External head gasket leaks resulting in visible seepage on the outside of the engine block and head are not eligible.
        • Vehicles may not be eligible based solely on Electronic Vehicle History Data (EVHD). Examples of EVHD include Bumper.com, NMVTIS, etc. Boom & Bucket only verifies Bumper.com/NMVTIS reporting. However, Boom & Bucket may investigate EVHD based on information found in NMVTIS for information that may impact claims.
        • The hour meter reading has increased by 300 miles/hours or more over the miles/hours indicated on the Boom & Bucket platform at the time of purchase. 
        • If a disclosure is made about any component or part of a machine/vehicle, such component or part is not eligible.
        • Hours/mileage issues are not eligible for machines/vehicles that are 10 years or older and/or deemed exempt from odometer and title disclosure laws. 
        • Vehicle accessory electrical defects on vehicles four (4) model years old or greater.
        • Leaks of any kind on vehicles that are twenty five (25) years old or older.
        • Rear main seal oil leaks on vehicles ten (10) years old or older, or vehicles that with 100,000 miles or more.
        • Damage of any kind that occurred after the vehicle is picked up from the seller unless Buyer elects to conducted shipping with a Boom & Bucket preferred shipping provider.  All items in this case are insured and Certificates of Insurance (COI) are made available upon Buyer’s request. 

      Sellers Responsibilities 

      • Seller must be the rightful owner of the vehicle and may not sell any vehicle owned by a third party through Boom & Bucket.  Seller must provide a digital copy of any Titles that exist for equipment listed on the Boom & Bucket platform.
      • Seller must ensure that all vehicles listed for sale must have a public Serial Number (SN) or Vehicle Identification Number (VIN) plate attached to the vehicle.
      • Disclosures are required for any matters that are required to be disclosed under local, state or federal statutes or regulations. Disclosures must be made by the seller to Boom & Bucket’s inspector to be included in the inspection report.
      • For arbitrations occurring after the Seller has been paid, Seller is required to promptly return the payment to Boom & Bucket if the transaction is canceled.
      • If the material or operating condition of the machine changes after the inspection against a configuration, attachments, or the machine develops a discrepancy, the Seller is responsible for notifying Boom & Bucket promptly and such information must be disclosed prior to sale of the equipment. 
      • Seller is responsible to disclose and allow Boom & Bucket to disclose the complete and accurate condition of the machine/vehicle and title. In the event Seller (including any of its employees and agents) has not disclosed the complete and accurate condition of the machine/vehicle or title, inaccurately represented the features or condition of the machine/vehicle, or otherwise tampered or interfered with full disclosure of the machine/vehicle condition or title, there is damage or theft of the equipment or the equipment is tampered with before or after the inspection report is written, or the Seller otherwise acted with gross negligence or willful misconduct resulting in incomplete or inaccurate disclosure, the Seller will be responsible for all costs associated therewith, including arbitration costs, re-listing costs, and all costs, liabilities, and losses sustained by Boom & Bucket, the buyer, and any affected retail customer.

      Buyers Responsibilities

      • Buyer will inspect the vehicle immediately upon arrival at Buyer’s location, or onsite at the Sellers location as applicable. The Buyer must verify the Seller’s representations and promptly notify Boom & Bucket of any discrepancies within the time frame as stated in this policy.
      • Prior to making an offer to buy the vehicle through Boom & Bucket, the buyer is responsible to review all condition reports, pictures, and disclosures made available by the Seller and Boom & Bucket.
      • The buyer is financially responsible and assumes all risk of damage and loss on the vehicle beginning at the point of pick up (by the buyer or its agent) or delivery (by third party transporter), unless shipping is conducted by a Boom & Bucket preferred shipping partner.
      • The buyer will not have any repairs performed prior to Boom & Bucket validating the claim. Cost for any repairs performed prior to validation of the claim will not be covered.

      Buyers Expectations

      • Boom & Bucket inspectors drive the vehicle around the seller’s lot, but the vehicles are not tested at road speeds. Boom & Bucket provides an on-site visual inspection of the vehicles listed through Boom & Bucket’s platform, including exterior, interior, undercarriage and frame (without lifting the vehicle).
      • Additionally, a mechanical inspection includes checking the engine oil and coolant, starting and running the engine, and driving the vehicle in the lot to test the functionality of the transmission by getting the transmission into first gear and reverse.
      • Although Boom & Bucket may disclose the same issue on different vehicles in different ways, if an issue is disclosed in any manner, it will not be eligible for any reparations.
      • As an experienced used equipment buyer, you can expect that the equipment you buy on Boom & Bucket may have some of the imperfections listed below and may need any or all of the following services performed. Although we may not disclose all of these items in the condition report, it should be considered normal and reasonable for any used equipment purchase, and therefore, these issues are not eligible for arbitration claims.
        • Interior and exterior cleaning and detailing to remove dirt, dust, grime, stains, smells, pet hair, gum and food residue.
        • Wet-sanding and buffing to remove surface level scratches and blemishes on the exterior body and paint.
        • Seepage that is not considered an active dripping leak.
        • Reconditioning or replacement of fogged or hazed headlights, fog lights, or tail lamps.
        • Repair of any and all aftermarket accessories.
        • Removal of decals, bumper stickers, vehicle wraps, and window tint, and any subsequent paint damage that could occur from this process.
        • Power seat functions including lumbar, heated & ventilated, memory, power tilt/telescoping steering wheel and steering wheel controls, power mirrors including defrost, and extending functions.
        • Keys that are a combination key/fob, it may need a battery or dealer programming. Only one key that starts and unlocks the vehicle manually may be provided. Any duplicates will need to be made by the buyer.
        • Issues that can be remedied by utilizing existing manufacturer or aftermarket warranty, or a shipping COI need to be resolved through that process.
        • Wear and tear on headlights, window glass, and paint including minor scratches, moisture behind the headlight lens, and paint chips.

      Shipping

      • Boom & Bucket maintains partnerships with several commercial shipping companies which services we make available for use with our Buyers.  We validate that said partners have the requisite licenses & certifications to execute logistics services on behalf of our Buyers safely & efficiently.  All Boom & Bucket preferred shipping partners carry the appropriate Certificate of Insurance (COI) required to ship products purchased on our platform.  Buyers/Sellers can generally expect pickup & delivery of equipment within one week of a successful transaction (once both parties have signed the Bill of Sale via e-signature). 
      • If the buyer elects to perform their own logistics or have a third party of their choice perform logistics services, the Buyer certifies that equipment will be picked up within one week of the transaction.  Furthermore, the Buyer assumes responsibility for all liability & damage incurred at the time of pickup at the Sellers location, and exercising claims against this document are no longer eligible.

      On-Site Visits

      • When Buyers elect to visit a vehicle/machine on-site prior to a purchase, they assume responsibility for verifying material & operating condition of the equipment. Subsequent claims against this policy are ineligible. Furthermore, prospective Buyers must comply with any safety precautions stipulated by the Seller. 

      Title Policy

      • Boom & Bucket requires that the Seller has a negotiable title for the vehicle in its possession at the time of sale and is able to send the title to Boom & Bucket promptly upon completion of the sale. 
      • Seller’s Obligations related to Titles
        • The seller must ensure the vehicle is being offered for sale with a US title.
        • All titles submitted by a seller must be in the seller’s company name on the title or on a properly executed reassignment form.
        • Seller warrants, represents and guarantees possession and conveyance of a certificate of title, properly executed, valid in the state where the transaction is occurring and clear of all liens and encumbrances. In the event any demand or claim is made related to the title, the seller will indemnify and defend Boom & Bucket, and the Buyer against such demand or claim and any and all damages associated therewith.
      • Seller will ensure that with regard to the title:
        • The VIN is correct.
        • Vehicle mileage listed on the front of the title is accurate.
        • If there is a lien on the title, the required signature is on or included with the title, along with the original lien release.
        • All reassignments are accurate and included.
        • If a power of attorney form has not already been signed by the seller granting Boom & Bucket the right to complete the title as necessary to complete the sale, a signed power of attorney form is included with the title.
        • All paperwork requiring a notary signature has been notarized.
      • Sellers will be responsible for refunding vehicle transportation expenses and any other fees and costs incurred by Boom & Bucket where a negotiable title could not be produced.

      Title Processing Procedures

      • When a vehicle is sold through the Boom & Bucket platform, Boom & Bucket will email the buyer and seller a Bill of Sale. The seller will also receive an express shipping label for the title paperwork if it has not already been provided.
      • Upon receipt of the Bill of Sale, the seller must send the title to Boom & Bucket within  three calendar days.
      • Seller will either provide a signed title, or an unsigned title and a signed Vehicle Power of Attorney (VPOA) agreement giving Boom & Bucket the right to sign the title on seller’s behalf. VPOAs can be made available upon request at support@boomandbucket.com or 888-417-3477.
      • If there are any issues with the title that Boom & Bucket is not permitted to revise under an existing POA, the title will be returned to the seller for correction, and the seller will correct such issues within a reasonable timeframe, not to exceed the applicable states’ typical processing timeframe.
      • Once Boom & Bucket has received the title from the Seller (and payment from the Buyer), Boom & Bucket will send the title to the Buyer.
      • Boom & Bucket will arrange for transportation of the vehicle if the buyer has chosen to use Boom & Bucket transportation facilitation services.