Ritchie Brothers

Complaint: [redacted] I am rejecting this response because: The response from Ritchie Brothers is indicative of their attitude which has brought us to this fork in the roadI have admitted that I could have done a better job and certainly share in the mistakeRitchie Brothers on their side of the fence fail to admit or accept any responsibility at allThey point out that in the fine print which the bidders sign that their catalog may be flawed or inaccurateIn the spirit of a good faith business deal most people would agree that Ritchie Brothers does share some responsibility hereMy friends and employees are amazed at the response from Ritchie BrothersThe auction I attended on June 10th was huge and made Ritchie Brothers MillionsOn the other hand a mistake to an individual such as my self is much more damaging than to Ritchie BrothersAll I have asked for is to be able to be reinstated as a bidder in good standingI will not accept a scenario where I have to put up a deposit like I am some kind of at risk bidderRitchie Brothers very own employee [redacted] (Trainee Territory Manager) stated that " [redacted] if we made a mistake here we will make it right"A Manager Trainee admitted that the catalog was wrong and it made sense to him that I had a valid point and Matt never tried to hide behind the excuse that the catalog does not have to be accurateUntil Ritchie Brothers meets me in the middle with my very humble and simple request my complaint will stand Regards, [redacted] ***

Complaint: ***
I am rejecting this response because: Once again Ritchie Brothers has displayed an arrogance that defies a good faith attitude towards the customerI am pleased to have a very good competitor of Ritchie Brothers to do business with*** *** *** is having an Auction in the Denver area on December 4th, I will be there to purchase some more equipment as I did last April 17thI do not wish to do business with Ritchie Brothers in the future and I would caution anyone in my circle how Ritchie Brothers counter attacks the customer over their own admitted mistakes
Regards,
*** ***

Complaint: [redacted]
I am rejecting this response because: The response from Ritchie Brothers is indicative of their attitude which has brought us to this fork in the road. I have admitted that I could have done a better job and certainly share in the mistake. Ritchie Brothers on their side of the fence fail to admit or accept any responsibility at all. They point out that in the fine print which the bidders sign that their catalog may be flawed or inaccurate. In the spirit of a good faith business deal most people would agree that  Ritchie Brothers does share some responsibility here. My friends and employees are amazed at the response from Ritchie Brothers. The auction I attended on June 10th was huge and made Ritchie Brothers Millions. On the other hand a mistake to an individual such as my self is much more damaging than to Ritchie Brothers. All I have asked for is to be able to be reinstated as a normal bidder in good standing. I will not accept a scenario where I have to put up a deposit like I am some kind of at risk bidder. Ritchie Brothers very own employee [redacted] (Trainee Territory Manager) stated that "[redacted] if we made a mistake here we will make it right". A Manager Trainee admitted that the catalog was wrong and it made sense to him that I had a valid point and Matt never tried to hide behind the excuse that the catalog does not have to be accurate. Until Ritchie Brothers meets me in the middle with my very humble and simple request my complaint will stand.
Regards,
[redacted]

from: [redacted]
to: "[email protected]" <[email protected]>
cc: [redacted] <b[redacted]@rbauction.com>,
/>
 [redacted]>,
  [redacted]
date: Tue, Aug 26, 2014 at 11:22 AM
subject: Complaint ID [redacted]
Dear Ms. [redacted]
 
Please accept the following as our response to the above referenced complaint.  We have reviewed the same and, while we appreciate the complainant’s point of view, it is important to note that each customer attending a Ritchie Bros.’ auction is required to register and agree to the “Terms of Bidding and Sale” (“Terms”) prior to bidding.  A copy of the complainant’s signed Terms is attached for reference (note: certain personal information has been redacted).  The Sections of the Terms relevant here are Sections 3 and 18, which read as follows:
 
Section 3:  The Auction will be conducted by offering the items by lot (“Lot”), either individually or in groups. The Bidder offering the highest bid accepted by the Auctioneers shall be the purchaser (the “Purchaser”) of the offered Lot (“Purchase”) and no Purchaser shall retract his bid. Purchaser accepts a Lot when he makes the bid. All sales are final.
…
Section 18: The Listing Catalog has been prepared as a guide only, based on information from source believed to be reliable and from the Consignor; however, its accuracy cannot be guaranteed or warranted. No sale shall be invalidated; nor shall the Auctioneers be liable as result of defects or inaccuracies in the Listing Catalog. Bidder acknowledges that all Lots were available for inspection prior to the Auction and that it is his responsibility to inspect all equipment and make his own inquiries prior to bidding.
                Each customer is afforded the opportunity to review the Terms prior to signing and a copy of the Terms is included in each Listing Catalog.  These Sections make it clear that the bidder offering the highest bid at the sale will be considered the purchaser and that all sales are final.
 
After the June 10th auction, Mr. [redacted] had several telephone conversations with the complainant to explain the Terms and find a mutually acceptable resolution to this matter.  As indicated in Section 18 above, the Listing Catalog is provided as a guide only, and any description should be verified by the customer through inspection of the unit prior to bidding.  All units of equipment are at the auction site and potential bidders are given ample time before the sale to review and inspect equipment of interest.
 
In the complainant’s case, he was the highest bidder in a choice group lot, where several trucks were auctioned at the same time.  In a choice group lot, the highest bidder is permitted to choose which units they wish to take home at the winning bid.  At the time of auction, all the trucks available in the choice lot are driven onto the “ramp” and are in plain sight of those bidders attending the auction.  The complainant picked the two door truck instead of the other four door trucks available, notwithstanding that the trucks could be seen at the front of the auction theatre.  While we appreciate that the Listing Catalog description was inaccurate, the Listing Catalog is merely a guide, and the complainant was free to inspect the truck and note the inaccuracy beforehand. The complainant is a professional businessman and an experienced auction participant.  The mistake here rests with the complainant for not familiarizing himself with the legal contract he signed prior to bidding and not performing his due diligence.
 
Notwithstanding the foregoing, Mr. [redacted] was willing to work with the complainant by offering to put the truck in our August 5th auction sale at a reduced commission rate, if the complainant paid for the purchased truck in full.  The complainant refused to pay for the truck and, as a result, Ritchie Bros. Auctioneers was forced to “collapse” the sale for non-payment.  Cancelling a sale is a very serious matter for Ritchie Bros. Auctioneers given the negative impact to our reputation in the marketplace with our consignors.  Accordingly, our policy is to revoke a bidder’s right to participate in future auctions after a bidder fails or refuses to pay for a purchased unit.
 
                While we are within our rights to restrict a customer’s future participation in our auctions, we have decided that, given the complainant’s background, Ritchie Bros. Auctioneers will permit him to participate in future auctions if he is willing to provide a deposit as a condition of being registered to bid, with the deposit becoming non-refundable in the event he places a winning bid.  If this solution is satisfactory, then we encourage the complainant to contact Mr. [redacted] for further information.
 
Sincerely,
 
[redacted]
Associate Counsel
 
direct: +[redacted]
rVox[redacted]
 
email: [email protected]
www.rbauction.com
 
9500 Glenlyon Parkway
Burnaby, BC V5J 0C6