A buyer`s premium of 10% will be added to the hammer price of each lot sold.
Payment is required no later than Thursday, JUNE 9th • 3PM PDT. Acceptable forms of payment include wire transfer, cashier’s check, company check with bank letter of guarantee, or credit card (up to a maximum of $5,000 - a convenience fee may be charged for credit card payments.). For any buyers residing outside the United States or Canada, a $2000 wire transfer deposit will be required for approval to participate in the auction. Deposit instructions will be emailed upon registration. Deposits must be received and confirmed prior to start of auction and can take up to 72 hours to process. Any deposits made will either be applied to the buyer’s invoice or refunded within 5 business days if a purchase is not made.
ALL ASSETS SOLD "AS-IS, WHERE-IS". NO GUARANTEES OR WARRANTIES WHATSOEVER EITHER EXPRESSED OR IMPLIED. PURCHASERS ARE STRONGLY ENCOURAGED TO INSPECT THE ITEMS BEFORE BIDDING.
FAILURE TO MAKE PAYMENT OR REMOVE ANY/ALL PURCHASED ASSETS WITHIN SPECIFIED TIMELINE, MAY RESULT IN CHARGED COSTS TO BUYER FOR ANY LOSSES INCURRED TO RESELL ASSETS, INTEREST, LEGAL FEES, MOVING, STORAGE, AND COMMISSIONS. ALL SALES ARE FINAL - NO EXCEPTIONS.
Removal Information:
Removal begins on June 8 at 9am - 4 pm, and continues on June 9 from 9am-4pm.
Forklift, car lift and large toolbox can ONLY be removed on the afternoon of June 9.
Buyer shall be responsible for the safe and proper removal of any items purchased by the buyer. Musser Bros does not pack, ship, store, crate, or rig items. Buyers may either pick up items at the designated auction site personally or can contract a third party to manage the removal process for them. Before items can be removed by a designated third party, buyer must provide Musser Bros with (1) paid-in-full invoice and (2) “buyer release form” which allows Musser Bros to release items to a third party contractor for shipping, crating, rigging or packing purposes. Any person, buyer or rigger, performing removal will need to provide proper insurance. Musser Bros shall have no responsibility whatsoever for any missing or lost items if items were not removed during the aforementioned timeframe. There will be NO removal of any items until the auction is complete. After the buyer has removed any item from Musser Bros’s possession, Musser Bros shall have no obligation to make any adjustment or accommodation to buyer because of any mistake in quantity or other defect or problem with respect to such item. Buyer must make all requests for adjustments in writing to Musser Bros before any item is removed from the premises where the auction is conducted. Any items, including all associated parts, components, and accessories, if applicable, not removed on or before the published removal date, may at the option of Musser Bros, be subject to a fee of $500 per day. Furthermore, any items not removed on or before the removal date shall be deemed abandoned and Musser Bros shall have no further obligation to the buyer with respect to such items. Pre-qualified riggers will be posted here when they become available. Musser Bros is not affiliated with any machinery rigging, transport, or export company. Rigging information is provided solely as a courtesy to our buyers. Musser Bros does not endorse or guarantee the services of any machinery rigging, transport, or export company, and cannot be held responsible for any damage or other problems incurred as a result of the actions of said companies.
Complete Terms and Conditions of Sale
Set forth below are the Terms and Conditions (the "Terms") that shall apply to any bid, auction, transaction or purchase by any party (a "Bidder" or “Buyer”) either directly from Musser Bros Inc (“Musser Bros”) or in a transaction in which Musser Bros serves as broker, agent, liquidator or auctioneer for any third party owner. These terms apply to all sales, including (without limitation) private treaty sales; online, live and/or webcast auction sales; and other such sales (each a “Sale”), in the United States conducted by Musser Bros or any joint venture partners thereof unless otherwise specifically stated. By using or accessing any and all Musser Bros services and/or website(s) you agree you have read and understand the Terms stated herein and are bound to these Terms. Any exceptions to the following Terms will be posted in the Terms and Conditions section of each auction or sale. Subject to amendments and modifications announced by Musser Bros.
Registration.
Upon registration, Musser Bros grants to the registered Bidder (“Bidder”)the right to bid at a Sale to be conducted by Musser Bros for one or more items (the “Assets”). By registering you represent and warrant any and all Bidder Information is accurate and complete. It is solely the Bidders responsibility to maintain current Bidder Information for completeness and accuracy. The party whose information was provided at the time of registration is responsible for all purchases of Assets under that Bidder number. Musser Bros reserves the right to deny and or terminate Registrations at any time at its sole discretion without notification. Musser Bros reserves the right to deny usage and access of Musser Bros services and websites at any time without notice or liability to any persons or third parties. When applicable, bidders are required to provide a valid email address and a Visa, MasterCard, or American Express credit card number. THE BIDDER AUTHORIZES Musser Bros TO CHARGE LIQUIDATED DAMAGES TO THE CREDIT CARD LEFT ON FILE DURING THE REGISTRATION PROCESS.
Bidder Information.
Each Bidder expressly agrees to provide accurate and complete contact, financial, Credit Card, and other requested information. Each Bidder hereby further expressly agrees that, whether each such Bidder is acting as a principal, an agent, or an officer, director, or other representative of an entity, or in any other capacity whatsoever, each such Bidder is personally liable for and shall be bound to remit payment of the purchase price, Buyer’s premium, taxes, and any other amounts payable with respect to any and all Assets for which the Bidder is the “successful bidder” (in each case, the “Buyer”) at the Sale (such Assets, the “Purchased Assets”). In the case of a Bidder acting on behalf of a third party or an entity, by registering, each such Bidder expressly represents, warrants, covenants and agrees that such Bidder has the requisite authority to bind the third party or entity on whose behalf each such Bidder acts.
Buyer’s Premium.
A Buyer's Premium (“BP”) will be in effect for each sale of Purchased Assets, unless specifically stated otherwise in the Sale specific terms and conditions (the “Sale Specific Terms”). Please see Sale Specific Terms for amount of BP or for any exceptions.
Payment Terms.
ALL PURCHASES MUST BE PAID IN FULL NO LATER THAN JUNE 14TH, 2021 @ 4PM MDT. Invoices will be e-mailed, typically within 1 hour after the Sale closes. All payments must be made by Cashier's Check, Wire Transfer or Company Check with Bank Letter of Guarantee. Checks must be made payable to Musser Bros Inc. In some cases, credit cards will also be accepted up to a $5,000.00. Musser Bros reserves the right to resell Purchased Assets if the proper deposit is not received at or before the time of sale, or if the payment in full is not received by June 9th. Unless specifically stated otherwise in the Sale Specific Terms, absolutely no Purchased Assets will be removed by the Buyer before (i) the conclusion of the Sale and (ii) payment is made in full. All Purchased Assets must be paid for in advance of the Purchased Assets being released to the Buyer or the Buyer’s authorized representatives. No Purchased Assets will be released without confirmation that all the Purchased Assets have been paid in full.
Applicable Taxes.
Each Buyer expressly acknowledges and agrees that taxes arising on a sale of the Purchased Assets, including (without limitation) all applicable sales, export, use and other taxes due to any federal, state or local taxing authority, shall be in addition to the sale price and shall be paid to Musser Bros at the time of sale of the Purchased Assets. Any Buyer who claims one or more exemptions from sales or other taxes expressly agrees to provide proof satisfactory to Musser Bros, in its sole discretion, of such Buyer’s entitlement to each such exemption. In the absence of proof satisfactory to Musser Bros, in its sole discretion, taxes shall be paid by the Buyer.
Removal.
No items shall be removed until the full purchase price and all applicable taxes thereon have been received by Musser Bros in the form required herein. Any items, including all associated parts, components, and accessories, if applicable, not removed on or before the published removal date, may at the option of Musser Bros be subject to a fee of $500 per day. Furthermore, any items not removed on or before the removal date shall be deemed abandoned and Musser Bros shall have no further obligation to the buyer with respect to such items. Musser Bros shall have no responsibility whatsoever for any missing or lost items that can be removed by hand if such items have not been removed within forty-eight (48) hours of the conclusion of the sale. There will be NO removal of any lots until the auction is complete. Buyer shall be responsible for the safe and proper removal of any items purchased by Buyer. Musser Bros does not pack, ship, store, crate or rig items. Buyers may either pick up items at the designated auction site personally or can contract a third party to manage the removal process for them. Before items can be removed by a designated third party, buyer must provide Musser Bros with (1) paid-in-full invoice and (2) "buyer release form” which allows Musser Bros to release items to a third party contractor for shipping, crating, rigging or packing purposes. Any person, buyer or rigger, performing removal shall provide proper insurance. Without limiting Musser Bros’s discretion, such certificate must show that the rigger carries comprehensive liability insurance written by an insurance carrier of national standing and in an amount of not less than two million dollars ($2,000,000.00). Policy must also carry a Workers’ Compensation rider. Without limiting the generality of the foregoing, Buyer shall restore and repair all real and personal property that is altered or damaged as a result of Buyer's removal of the items. Musser Bros shall have no responsibility to disconnect utilities to the sold asset, including electric, gas, waste and water lines. Buyer is solely responsible to properly remove and store in appropriate containers all fluids, oils, hazardous chemicals, etc., from machinery purchased. Buyer does hereby indemnifies Musser Bros, the owner of the items, and the owner of the premises in which the items are located, from any and all claims, damages, and losses arising from Buyer's actions or actions with respect to the items and Buyer's presence on the premises in which the items are located, including without limitation, injuries to persons or property and environmental violations or contamination. Risk of loss on any items shall pass to the Buyer upon payment in full to Musser Bros of all sums due from Buyer in respect to the items.
Collusion.
By participating in this auction (whether you bid or not), Bidder represents that it has not engaged in any collusive activity regarding this auction, and Bidder agrees to disclose any person with whom it made an agreement regarding the bidding upon, or purchase of, any item auctioned.
Musser Bros’s Reservation of Rights.
The sale of all Assets will conform to the bid process, provided that Musser Bros reserves the right to sell Assets by individual group lots, "EN BLOC", or otherwise, as Musser Bros deems appropriate. Musser Bros reserves the right to sell on behalf of third parties, its own account, or on the account of others. Each Bidder hereby expressly acknowledges and agrees that Musser Bros may, in its sole discretion, reject any and all bids at any time. Should any dispute arise between two or more Bidders or as to any bid, the Asset(s) in question may, in Musser Bros’s sole discretion, be immediately offered for sale again and resold in which case Musser Bros shall be deemed to have rejected each such bid. Each Bidder hereby expressly acknowledges and agrees that (i) Musser Bros shall regulate all matters relating to the conduct of the Sale, including (without limitation) bidding and bidding disputes, (ii) Musser Bros shall be the sole arbiter of any disputes, (iii) and Musser Bros’s decision(s) shall be final and binding on all Bidders.
Bids are Final.
Each Bidder hereby expressly acknowledges and agrees that (i) once submitted a bid shall be binding on the Bidder who submitted such bid and (ii) no bid may be retracted by a Bidder or other party.
“AS IS, WHERE IS”; NO WARRANTIES. BY REGISTERING, EACH BIDDER AND BUYER EXPRESSLY ACKNOWLEDGES AND AGREES THAT ALL SALES ARE (I) FINAL. (II) ON AN "AS IS, WHERE IS", "IN PLACE", "WITH ALL FAULTS" BASIS WITH NO CONDITIONS OR WARRANTIES, WHETHER EXPRESSED, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, WARRANTIES OR CONDITIONS AS TO (A) TITLE, (B) DESCRIPTION, (C) FITNESS FOR PARTICULAR PURPOSE(S), (D) QUANTITY, (E) QUALITY, (F) MERCHANTABILITY, (G) STATE, (H) CONDITION, (I) LOCATION, (J) CONFORMITY TO ANY STANDARD IN RESPECT OF SAFETY, POLLUTION OR HAZARDOUS MATERIAL OR TO ANY STANDARD OR REQUIREMENT OF ANY APPLICABLE AUTHORITY, LAW, RULE, ORDINANCE, OR REGULATION, (K) FINANCABILITY, (L) AGE, YEAR OF MANUFACTURE, MODEL, OR MAKE, (XIII) OR OTHERWISE. MUSSER BROS EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESSED, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, WARRANTIES OR CONDITIONS AS TO (I) TITLE, (II) DESCRIPTION, (III) FITNESS FOR PARTICULAR PURPOSE(S), (IV) QUANTITY, (V) QUALITY, (VI) MERCHANTABILITY, (VII) STATE, (VIII) CONDITION, (IV) LOCATION, (X) CONFORMITY TO ANY STANDARD IN RESPECT OF SAFETY, POLLUTION OR HAZARDOUS MATERIAL OR TO ANY STANDARD OR REQUIREMENT OF ANY APPLICABLE AUTHORITY, LAW, RULE, ORDINANCE, OR REGULATION, (XI) FINANCABILITY, (XII) AGE, YEAR OF MANUFACTURE, MODEL, OR MAKE, (XIII) OR OTHERWISE. BIDDERS ARE STRONGLY ENCOURAGED TO INSPECT ALL ASSETS BEFORE BIDDING. PREVIEW AND INSPECTION DATES WILL BE PUBLISHED ONLINE FOR EACH RESPECTIVE AUCTION OR SALE AT www.mbauction.com
No Reliance on Information.
All descriptions, advertising, lot catalogs, or any other source of information (oral or written) concerning the Assets provided by Integra or otherwise obtained by a Bidder from a source other than Musser Bros (collectively, the “Information”) are subject to additions deletions, changes, and modifications at any time prior to purchase and sale. Each Bidder expressly acknowledges and agrees that no sale of any Asset may be invalidated by a Bidder because of an error, inaccuracy, or other fault in the Information. Each Bidder hereby expressly acknowledges and agrees that the Information has been prepared for informational purposes only and shall not and may not be relied upon by any Bidder for any purpose, including (without limitation) accuracy or completeness. By bidding on an Asset(s), a Bidder represents, warrants, covenants and agrees that each such Bidder is relying upon each such Bidder’s own investigation, inspection, research, and analysis of the Asset(s) for which a bid has been submitted and is not in any way relying upon the Information provided by Musser Bros or any other third party.
Safety and Repair of Purchased Assets.
Each Bidder expressly agrees that, following the Sale and removal of the Purchased Assets, but prior to operating or otherwise using the Purchased Assets, such Bidder shall retain a qualified person to inspect all Purchased Assets for safety and operational purposes. Each Bidder further expressly agrees to repair or restore, at Bidder’s sole cost and expense, all Purchased to a safe operating condition that, among other things, meets any standard or requirement of any applicable governmental authority, law or regulation, including (without limitation) those concerning any use to which the lot may be put.
Removal of Purchased Assets.
All Purchased Assets shall be removed within the time frame specified by Musser Bros; provided, however, no Buyer shall be authorized or permitted to remove any Purchased Assets prior to receipt by Musser Bros of payment for such Purchased Assets. Each Buyer expressly acknowledges and agrees that each such Buyer shall be responsible for all costs and expenses associated with removal of the Purchased Assets and shall be liable to Musser Bros, Seller, owner and/or landlord of the premises at which the Purchased Assets are located, and all other third parties for any personal injury or death any person or damage to property, including (without limitation) any personal injury, death, or damage caused by hazardous substances or hazardous materials, caused, in whole or in part, by Buyer or Buyer’s employees, independent contractors, subcontractors, representatives, invitees, agents, affiliates, or other representatives (collectively, the “Buyer Representatives”) Buyer’s acts or omissions arising from related to, during, or associated with the removal of the Purchased Assets.
Bidder Compliance with Applicable Law.
Each Buyer expressly acknowledges and agrees that each such Buyer and all Buyer Representatives shall comply with all health and safety, OSHA, environmental, and other applicable laws, rules, and regulations and all requirements established by Musser Bros for the removal of Purchased Assets, including (without limitation) requirements as to bonding of third parties and insurance requirements. Each Buyer expressly acknowledges and agrees that each such Buyer and all third parties utilized by each Buyer shall provide Musser Bros, the seller of the Assets (the “Seller”), the owner and/or landlord of the premises at which the Purchased Assets are located with certificates of liability and worker's compensation insurance in amounts acceptable to the above parties, each in their sole discretion, and name all such parties as additional insureds under the foregoing policies of insurance. Should Buyer fail or refuse to comply with the requirements of this Agreement or applicable laws, rules and regulations, including but not limited to the failure to provide an adequate proof of insurance, Musser Bros may, in its sole discretion, refuse to permit any Buyer Representative from accessing the premises at which the Purchased Assets are located.
Third Party Service Providers.
As a courtesy only, Musser Bros may provide contact information for riggers, machinery movers or other service providers. Musser Bros is not affiliated with, nor shall Musser Bros be responsible or liable for the action of, any rigger, machinery mover or other service provider utilized by a Buyer or Buyer Representatives. Seller or Musser Bros may require the use of one or more specific riggers, machinery movers or other service providers at the premises at which the Purchased Assets are located. Such a requirement does not constitute a guarantee or endorsement by Seller or Musser Bros.
Privacy Policy.
Unless you ask us not to, we may contact you via email in the future to tell you about new sales or special events that may be of interest to you. In limited circumstances, we may share your personal data with service providers, business partners, affiliates, other users, and for business transfers.
Transfer Documents.
Where available, documents of transfer, including motor vehicle ownership documents, in the possession of Musser Bros, will be provided to the Buyer within seven days following payment or as soon thereafter as such documents are available.
Security Interest.
Each Bidder expressly grants to Musser Bros a security interest in and lien upon the Purchased Assets and proceeds thereof to secure payment of the purchase price for the Purchased Assets. Each Bidder expressly acknowledges and agrees that, in the event of non-payment by a Bidder, Musser Bros may proceed to file the Bidder Registration Agreement, UCC-1 financing statements, and any other documents to perfect the security interest and lien granted hereby.
Bidding as a Privilege.
Musser Bros reserves the right to refuse any applicant the privilege of bidding or attending at the auction or other Sale event and may revoke such privilege at any time.
Time is of the Essence.
Each Buyer hereby expressly acknowledges and agrees that time is of the essence in performing Buyer’s obligations associated with the purchase and removal of the Purchased Assets. If a Buyer fails to make payment or remove any Purchased Asset within the time periods provided, Musser Bros may (but shall not be obligated to) resell each such Purchased Asset by auction, private contract or otherwise, as Musser Bros in its discretion deems advisable, and the Buyer shall be liable for the difference between the price at which the Purchased Assets were resold and price that should have been paid by Buyer, plus all costs and expenses incurred by Musser Bros or the Seller and plus interest, legal fees, moving and storage and commissions related to such resale.
Presence of Potential HAZMAT.
Each Bidder hereby expressly acknowledges and agrees that (i) the premises at which the Assets are located is a potentially dangerous place with hazardous, noxious, corrosive and pressurized materials and substances being present, heavy equipment being operated and electric circuits being live and (ii) every person at such premises, either before, during and after the Sale, shall be deemed to be there at their own risk with notice of the condition of such premises, the activities on such premises and the conduct of third parties. Each Bidder further agrees to advise their employees, independent contractors, subcontractors, representatives, invitees, agents, affiliates, or other representatives (the “Bidder Representatives”) of the foregoing prior to entering the premises.
Indemnity.
Each Bidder hereby agrees to indemnify, defend, and hold harmless Musser Bros, Seller, and their employees, independent contractors, subcontractors, representatives, invitees, agents, affiliates, or other representatives from and against and with respect to any and all loss, liability, assessment, claim, cause of action, demand, damage or expense, (including, without limitation, reasonable attorneys' fees), court costs, penalties, charges and amounts paid in settlement of the foregoing arising from or related to (i) the purchase and sale of the Assets, (ii) Bidder’s acknowledgements, agreements, covenants, representations, or warranties in these terms and conditions, or (iii) any personal injury or death or any damage to property caused, in whole or in part, by such Bidder or such Bidder’s Representatives.
TECHNOLOGY DISCLAIMER.
WHILE MUSSER BROS ENDEAVORS TO ENSURE THAT THE WEBSITES ARE NORMALLY AVAILABLE 24 HOURS A DAY, MUSSER BROS SHALL NOT BE LIABLE IF FOR ANY REASON THE WEBSITES ARE UNAVAILABLE AT ANY TIME OR FOR ANY PERIOD. ACCESS TO THE WEBSITES MAY BE SUSPENDED TEMPORARILY AND WITHOUT NOTICE IN THE CASE OF SYSTEM FAILURE, MAINTENANCE OR REPAIR OR FOR REASONS BEYOND MUSSER BROS’S CONTROL. MUSSER BROS RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO RELIST OR ADJUST BIDDING PERIODS ON ANY SALE DUE TO SYSTEM FAILURE, MAINTENANCE, OR REPAIR. BIDDER AGREES HE HAS SATISFIED HIMSELF AND IS NOT RELYING ON MUSSER BROS, NOR IS MUSSER BROS LIABLE, FOR ANY MATTER IN RESPECT OF THE ABOVE.
LIMITATION OF LIABILITY.
EACH BIDDER HEREBY EXPRESSLY ACKNOWLEDGES AND AGREES THAT, REGARDLESS OF CIRCUMSTANCES AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE, (I) MUSSER BROS’S CUMULATIVE MAXIMUM LIABILITY TO A BIDDER, A BUYER OR BUYER REPRESENTATIVES FOR DAMAGES ARISING OUT OF OR RESULTING IN ANY MANNER WHATSOEVER TO THE ASSETS, THE PURCHASED ASSETS OR THE TRANSACTION CONTEMPLATED HEREBY, INCLUDING (WITHOUT LIMITATION) FAILURE TO DELIVER ANY PURCHASED ASSET, SHALL IN NO EVENT EXCEED THE PURCHASE PRICE AND BP ACTUALLY RECEIVED BY MUSSER BROS FOR THE PURCHASED ASSETS AND (II) MUSSER BROS SHALL HAVE NO LIABILITY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY LOSSES OR DAMAGES OF ANY NATURE OR KIND WHATSOEVER INCURRED OR EXPERIENCED BY ANY BIDDER, BUYER, OR BUYER REPRESENTATIVES.
WAIVER OF TRIAL BY JURY.
EACH BIDDER HEREBY WAIVES TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM BROUGHT BY ANY BIDDER AGAINST MUSSER BROS ON ANY MATTER ARISING OUT OF OR IN ANY WAY CONNECTED WITH THESE TERMS AND CONDITIONS, THE ASSETS, OR THE PURCHASED ASSETS.
GOVERNING LAW.
THESE TERMS AND CONDITIONS, THE SALE SPECIFIC TERMS, AND THE PURCHASE AND SALE OF THE PURCHASED ASSETS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAW INTERNAL LAWS OF THE STATE OF WASHINGTON, FRANKLIN COUNTY, WITHOUT REGARD TO CHOICE OF LAW RULES OR PRINCIPLES.
EACH BIDDER HEREBY EXPRESSLY REPRESENTS, WARRANTS, COVENANTS, AND AGREES THAT EACH SUCH BIDDER HAS RECEIVED, READ, UNDERSTANDS, AND SHALL BE BOUND BY AND COMPLY IN ALL RESPECTS WITH AND SHALL BE LIABLE FOR BREACHES OF THE FOREGOING TERMS AND CONDITIONS.