Le Macaron French Pastries • Food Service Equip + Beer & Wine License

TERMS FOR ALCOHOLIC BEVERAGE LICENSE

• A 5% Buyer's Fee will be added to the bid amount
• Terms of Sale: Full payment by October 23rd, 2024;
• Funds held by Musser Bros Inc until purchaser is approved or declined;
• If purchaser does not get approved he or she will be refunded entire amount less (10%)*; 
• * Musser Bros Inc will retain the 10% as sale fee.

 

TERMS FOR THE FOOD SERVICES EQUIPMENT, AS FOLLOWS:

LOCATION
112 Broadway AV • Billings, MT 59101

BUYER'S PREMIUM
A 10% Buyer's Fee will apply to all items 

AUCTION END DATE 
Tuesday, October 22 • First item closes at 2:00 PM (MDT)

INSPECTIONS
Monday, October 21 • 1PM-3PM

PAYMENT 
All purchases to be paid in full NO LATER THAN OCTOBER 23, 4PM. All payments not received by October 23, 2024 may be charged an additional late fee. 


ACCEPTABLE FORMS OF PAYMENT
Cash, Check, Credit/Debit Card or Wire Transfer. 3.5% fee charged on all credit/debit card transactions.
IF YOU ARE THE WINNING BIDDER AND DEFAULT BY FAILING TO ADHERE TO THESE TERMS & CONDITIONS YOUR ACCOUNT WITH MUSSER BROS WILL BE SUSPENDED

IMPORTANT REMOVAL SCHEDULE 
Wednesday, October 24th • 1PM-4PM or by appointment

Please remove all items within this timeline. Purchases not removed within the allotted time will be subject to storage fee of $10 per day, per item. Purchases not removed within 30 days will be considered abandoned and Musser Bros Inc reserves the right to resell. 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.


REMOVAL LABOR
Purchaser is responsible for own labor, hand carts and or tools for equipment removal. Seller will remove front store front glass for easier ingress/egress.

SHIPPING 
Not Available

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 30-120 seconds or less remaining for that lot, bidding time for that lot will reset another 45-120 seconds and remain open until 45-120 seconds 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.

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, 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. * Hours or mileage advertised are either what the meters read or Seller represents. Musser Bros makes no representations or verification of the accuracy of these components.


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.

AGE REQUIREMENT
All bidders must be 18 years of age or older.

WEDNESDAY, OCTOBER 23 •  Or by appointment. 

Best time for removal will be early, early in a morning due to downtown parking. 

If you purchase several of the items we can offer additional time for removal.