John & Gloria Cole Retirement Auction

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

LOCATION 

1742 Mission Loop, ST Xavier, MT 59075

AUCTION DATE

June 16th, 2020 • First item closes at 7:00PM (MT)

PAYMENT DATE

All purchases to be paid in full within 72 hrs after auction ending. All payments not received or postmarked by June 19th, 2020 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 ($10 fee)

ITEM PICKUP DATE

Musser Bros staff will be on location THURSDAY, June 18th, 10AM-3PM, to facilitate payment & removal. Please make it a priority to come this day if at all possible. If this is a conflict, buyer's must make special arrangements with Seller.

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.

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 1 minute or less remaining for that lot, bidding for that lot will remain open until 1 minute passes 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 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. 

TIE BID PRECEDENCE 

In the event of a tie bid, precedence is given to the earliest bid. Hypothetical Example: Bidder #1 places a $10,000 max bid on a vehicle that currently has a high bid of $5000. The high bid is now at $5,025.   Bidder #2 places a max bid at $7000. Bidder #2 is immediately outbid by the $10,000 max bid and the high bid immediately adjusts to $7,025.  Bidder #2 decides to place a $10,000 max bid this time. He does not surpass the initial $10,000 max bid by Bidder #1 therefore he is not the high bidder. In the case of a tie bid, precedence is given to the earliest bid.

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.

HAULING

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

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

Ben Martin, Worden MT (406) 698-9606

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.