Terms & Conditions

1. Agreement to Terms

By accessing or using Gulch ("Platform", "we", "us"), operated by Gulch Canyon Equipment, LLC, represented by David Gulch, you agree to be bound by these Terms and Conditions. If you do not agree, please do not use the Platform.

These Terms apply to all visitors, registered users, buyers, and sellers using the Platform at https://gulchauction.com.

2. Platform Description

Gulch is an online marketplace that facilitates auctions and fixed-price sales of heavy equipment, vehicles, and related machinery. We act as a facilitating platform only and are not a party to the underlying sale between buyer and seller.

3. User Accounts

• You must be at least 18 years old to register and use the Platform.
• You are responsible for maintaining the confidentiality of your account credentials.
• You agree to provide accurate, current, and complete information during registration.
• We reserve the right to suspend or terminate accounts that violate these Terms.
• Seller accounts require approval by Gulch before listing items.

4. Auctions & Bidding

• All bids are legally binding commitments to purchase at the bid price.
• The highest bidder at auction close is obligated to complete the purchase.
• Failure to pay may result in account suspension and pursuit of damages.
• Reserve prices may be set by sellers and are not disclosed to buyers.
• Auto-extend functionality may extend auction end times when bids are placed in the final minutes.
• Gulch reserves the right to cancel auctions or bids at its sole discretion.

5. Buy Now Purchases

Buy Now purchases create an immediate binding contract between buyer and seller. Payment is due within 24 hours of invoice receipt. The same terms apply as auction purchases.

6. Payment Terms

• Full payment is due within 24 hours of receiving the invoice.
• All payments are held in escrow by Gulch until buyer acceptance is confirmed.
• Accepted payment methods include wire transfer and other methods specified in the invoice.
• Seller receives payment only after buyer confirms acceptance following the inspection period.

7. Inspection Period & Returns

• Buyers have 10 calendar days from confirmed delivery to inspect the item.
• Buyers must submit written acceptance or rejection within this window.
• If rejected with documented cause, Gulch arranges return shipping and issues a full refund within 5–7 business days.
• Items sold "as-is" with no implied warranties unless explicitly stated.

8. Seller Obligations

• Sellers must have legal authority to sell listed items.
• All listings must be accurate, complete, and not misleading.
• Items must be free from undisclosed liens or encumbrances.
• Sellers may not contact buyers directly outside the Platform prior to transaction completion.
• Misrepresentation may result in account termination and legal action.

9. Fees & Commission

Applicable fees including buyer premiums and seller commissions are disclosed during the listing and purchase process. Gulch reserves the right to update fee structures with notice.

10. Prohibited Activities

• Shill bidding or any form of bid manipulation.
• Listing items you do not own or have no right to sell.
• Providing false or misleading information.
• Circumventing the Platform to conduct transactions outside it.
• Any activity that violates applicable laws or regulations.

11. Limitation of Liability

Gulch acts solely as a marketplace facilitator. Our liability is limited to the amount of fees received in connection with a given transaction. We are not liable for the condition, legality, or fitness of listed items.

12. Dispute Resolution

Disputes shall first be submitted to mediation through our dispute process. If unresolved within 30 days, disputes shall be settled by binding arbitration under AAA rules, seated in Nebraska.

13. Governing Law

These Terms are governed by the laws of Nebraska, without regard to conflict of law provisions.

14. Changes to Terms

We reserve the right to modify these Terms at any time. Continued use of the Platform after changes constitutes acceptance of the new Terms. We will notify users of material changes by email or prominent notice on the Platform.