By participating in this auction the bidder agrees to the following terms and conditions:
LOCATION
1035 Farnum Ln, Harlem, MT 59526
AUCTION DATE
Tuesday, December 14, 2021 • First item closes at 6:30 PM (MST)
PAYMENT DATE
All purchases to be paid in full within 72 hrs after auction ending. All payments not received or postmarked by Friday, Dec 17, 2021 will be charged an additional 5% late payment fee.
ACCEPTABLE FORMS OF PAYMENT
Cash, Check, E-check (free), Credit/Debit Card (3.5% fee) or Wire Transfer
ITEM PICKUP DATE
Payment must be made payable to MUSSER BROS INC and postmarked no later than December 17, 2021. After Musser receives payment Buyer will be emailed a paid invoice, after which, Buyer shall call Seller to arrange for removal. All items are to be removed within 7 days after the auction. All purchases are the responsibility of Buyer at the close of bidding on auction day.
IF YOU ARE THE WINNING BIDDER AND DEFAULT BY FAILING TO ADHERE TO THESE TERMS & CONDITIONS YOUR ACCOUNT WITH MUSSER BROS WILL BE SUSPENDED
AUCTION ENDING
Beginning at the stated closing time, the auction software will conclude bidding for one or more lots each minute in catalog order with the following exception: if a bid is placed with 45 seconds or less remaining for a lot, bidding for that lot will reset 45 seconds and continues to do so until 45 seconds pass without any further bid advances.
OUTBID NOTIFICATION
Until the auction begins to close, the bidding software will notify bidders by email when they have been outbid.
PLACING A "MAXIMUM AUTO BID"
Please be aware that when placing your "Maximum Bid", the system will bid at the preset increment until the bidders "Maximum bid" is exceeded. At that point, the bidder will be notified that he/she has been outbid. High bidder will only pay one increment more than the competing bidder. Please watch the auction closing time stop clock to determine exactly when the lot will close.
BUYER'S PREMIUM
A buyer's premium of two and one half percent (2.5%) of the high bid will be added to the high bid to determine the final sales price for the auction lot. Example: $1000 bid + $25 BP = $1025 invoice amount
NO RESERVES • NO BUYBACKS • NO RETURNS
Each lot will sell to the highest bidder without reserve, unless noted otherwise. All sellers are contractually prohibited from bidding on lots they have consigned to the auction. All sales are final. There are no returns, refunds, credit card charge-backs or adjustments.
DEBT COLLECTION, INTEREST CHARGES And DISPUTES
The bidder agrees to pay all reasonable attorney fees and other costs incurred by Musser Bros, Inc, in its efforts to collect unpaid funds from the bidder. The bidder agrees that a fee of 2% of the outstanding balance per month be added to any unpaid balance due Musser Bros, Inc.
This Agreement shall be governed by the laws of the State of Montana, without regard to its conflict of laws provisions. For all disputes relating to this Agreement, each Party submits to the exclusive jurisdiction of the state and federal courts located in Yellowstone County, Montana, and waives any jurisdictional, venue, or inconvenient forum objections to such courts.
GUARANTY AGREEMENT
By submitting a bid in the name of a business entity or corporation, the individual submitting the bid enters into a guaranty agreement whereby he or she personally guarantees payment to Musser Bros, Inc, of any bid amount not paid when due by the business entity or corporation, for any reason, together with all collection expenses incurred to enforce collection, including a reasonable attorney's fee.
LIMITATION OF LIABILITY
If, for any reason, Musser Bros, Inc, is unable to make available or deliver any Purchase, or portion thereof, or documentation required in respect of any Purchase, the sole liability of Musser Bros, Inc, if any, shall be the return of monies paid in respect of such Purchase upon its return by Purchaser.
GENERAL
The Detailed Equipment Information is limited in scope, and Musser Bros. Inc has not inspected any aspects or components of the equipment other than those expressly set forth herein. Unless expressly stated, we make no representations or warranties, express or implied, concerning the equipment or its components, including without limitation any representations or warranties concerning functionality, conformity or compliance with any safety standard or requirement of any applicable authority or regulatory body, fitness for any particular purpose, or merchantability. Musser Bros, Inc is not responsible for incorrect listing information, if any. Musser Bros, Inc has attempted to provide accurate descriptions of all items, however, it is the bidder's responsibility to determine the condition and suitability of each lot. You are strongly advised to perform your own detailed inspection of the equipment prior to bidding.
DIMENSIONS
Measurements are given as an estimate only. Actual loaded dimensions may vary based on truck/trailer height and the loaded machine configuration/position. It is the buyer's responsibility to measure all loads before leaving our auction site to ensure the load is safe for transport. All measurements should be verified by the buyer. DO NOT rely on these measurements for transportation purposes. * Accuracy of Odometer / Hour Meter cannot be verified
AGE REQUIREMENT
All bidders must be 18 years of age or older.
BIDDER INFORMATION AND SECURITY
All registration information the bidder provides to Musser Bros, Inc, shall be current, complete, and accurate. All bidders are responsible for any bids placed under their bidding numbers and passwords. The security of bidder information is the responsibility of the bidder. Bidders must notify Musser Bros, Inc, if they believe that their bidder number and password have been compromised.
SERVER & SOFTWARE TECHNICAL ISSUES
In the event there are technical difficulties related to the server, software or any other online auction-related technologies, Musser Bros, Inc. reserves the right to extend bidding, continue the bidding, or close the bidding. NEITHER THE COMPANY PROVIDING THE SOFTWARE nor MUSSER BROS, INC. SHALL BE HELD RESPONSIBLE FOR A MISSED BID OR THE FAILURE OF THE SOFTWARE TO FUNCTION PROPERLY FOR ANY REASON. Email notifications will be sent to registered bidders with updated information as deemed necessary by Musser Bros, Inc.