K Diamond Ranch LLC

By participating in this auction the bidder agrees to the following terms and conditions:

 

LOCATION 

1801 Fly Creek Rd • Pompeys Pillar, MT 59064

Pompeys Pillar exit 23, then 6 miles South on Fly Creek Road

 

AUCTION END DATE

Tuesday, March 22, 2022 • First item closes at 4:00PM (MDT)

 

PAYMENT DATE

All purchases to be paid in full by Friday, Mar 25th. All payments not received or postmarked by Friday, Mar 25th, 2022 will be subject to an additional 5% late payment fee.

 

ACCEPTABLE FORMS OF PAYMENT

Cash, Check, E-check (free), Credit/Debit Card (3.5% fee) or Wire Transfer ($10 fee). 

 

ITEM PICKUP DATE

Musser Bros staff will be on location Wed & Thu, March 23 & 24, 10-3PM, for payment & removal. Please make it a priority to come these days if at all possible. If this is a conflict, buyer's must make special arrangements with Seller. ALL ITEMS MUST BE REMOVED WITHIN 1 WEEK

Merchandise becomes the full responsibility of the bidder at time of payment and the bidder assumes all risk of loss and damage to property at that time. In any such event, the bidder will still be responsible for payment for the original purchase and the costs of collection of this payment and/or damages resulting from the resale of the property. Musser Bros Inc reserves the right to resell any property not paid for in full by the conclusion of the stated pickup period. In any such event, the Buyer will still be responsible for payment for the original purchase and the costs of collection of this payment and/or damages resulting from the resale of the property.

 

BUYER'S PREMIUM

A buyer's premium of 2.5% of the high bid will be added to the high bid to determine the final sales price for the auction lot. Example: $100 bid + $2.50 BP = $102.50 invoice amount

 

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 30 seconds or less remaining for that lot, bidding for that lot will remain open until 30 seconds passes without any further bid advances.

 

Please note that some lots can be tied together and will be set to close simultaneously.  This will be indicated in those lots by a chainlink symbol and corresponding letter. The chainlink symbol means that each lot tied will stay in extension until there are no more bids on any of the lots that are tied.

 

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 website will bid on your behalf up to your set maximum bid by the preset bid increments. Example: The current bid is $1000 and the bidder enters a maximum bid of $5000. 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 (if that option is selected when registering). 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. 

 

NO RESERVES

Each lot will sell to the highest bidder without reserve, unless noted otherwise.

 

NO BUYBACKS

All sellers are contractually prohibited from bidding on lots they have consigned to the auction.

 

NO RETURNS

All sales are final. There are no returns, refunds, credit card charge-backs or adjustments.

 

DEBT COLLECTION and INTEREST CHARGES

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. Any debt collection or dispute proceedings will be heard in Yellowstone County, Montana.

 

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

 

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, close the bidding, temporarily suspend bidding, void any sale and re-sell any lots that were affected by the any malfunction. 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.

 

AGE REQUIREMENT

All bidders must be 18 years of age or older.

 

HAULING

Chad Cromwell, Billings, MT (406) 853-1521

Curt Laingen Trucking, Billings MT (406) 697-5916

JCT Trucking, Billings MT (406) 698-2032

Loren Bangert 5x Express, Billings MT (406) 698-5147

Ben Martin, Worden MT (406) 616-7140

Blue Sky Transport (hotshot services) (406) 939-1562