Mullin Farms

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

LOCATION 

12365 County Road 319 • Lambert, MT 59230

10 miles West of Lambert or 13 miles East of Richey • 31 miles West of Sidney

AUCTION END DATE

Tuesday, April 27, 2021 • First item closes at 6:00PM (MDT)

SETTLEMENT / PAYMENT

Musser Bros staff on-site Thursday, April 29 • 9 AM-4PM & Friday, April 30 • 9AM-1PM 

(Do Not Come Wednesday, April 28th) !!!!!!

The successful bidder is responsible for making full payment prior to Friday, April 30th, 2021 at 1:00 PM. After the entire auction is completed and processed, winning bidders, i.e., buyers will receive an email notice. This usually occurs within 1/2 hour of the auction close but may take slightly longer. If you do not receive an expected invoice before the end of the auction business day, contact Musser Bros immediately to verify buyer’s account and obtain access to the invoice. Payment instructions are provided on the invoice.

All payments are to be made to Musser Bros Inc by Cash, (eCheck or check with bank verification), or by wire transfer and must be made in U.S. Dollars. If sending a check via USPS it must be postmarked within 24 hours of the close of the auction and received by Musser Bros no later than Friday, April 30th or an alternate form of payment will be required.

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.

ACCEPTABLE FORMS OF PAYMENT

Cash, Check, E-check (free), Credit/Debit Card (3.5% fee) or Wire Transfer ($10 fee). ALL CHECKS (e-checks & standard) MUST HAVE BANK VERIFICATION IF FROM OUT OF STATE BANK.

EQUIPMENT REMOVAL

Musser Bros staff will be on location Thursday, April 29 • 9 AM-4PM & Friday, April 30 • 9AM-1PM, to facilitate 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 Musser Bros and 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. 

Buyer agrees to remove purchase from seller’s location within ten (10) calendar days of winning the bid. Transportation, and any and all costs associated, will be borne by the buyer. Should buyer fail to remove purchase within the specified period of time, Musser Bros or seller may charge a storage fee of $25 per day until purchase is removed from seller’s location. All such charges shall be the sole responsibility of the buyer. The buyer or the buyer’s agent is responsible for arriving with a paid in full invoice and the appropriate equipment to safely transport the item purchased. If the transportation equipment to be used is viewed as unsafe, the buyer or the buyer’s agent may be turned away without the item, at the buyer’s expense. The buyer agrees to indemnify and hold harmless seller, Musser Bros, and its agents against all damages, liabilities, claims, or causes of action arising out of said property storage and removal. If buyer does not remove item within thirty (30) days, item may be placed for sale in the next available Musser Bros auction. All storage fees, handling costs, and sales commissions for the removal and “re-sale” of the item will be deducted from the final sale price. Any remaining proceeds will be returned to the abandoning buyer, provided Musser Bros is able to determine a method for doing so. Musser Bros also maintains the right to suspend the bidding privileges of any buyer who does not pick up items purchased in the auction within the specified terms.

Entering into a separate storage agreement with the seller is between the buyer and seller, and Musser Bros has no responsibility for resolving any subsequent conflicts or disagreements which arise between buyer and seller.

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. 

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 40 seconds or less remaining for that lot, bidding for that lot will remain open until 40 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 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 OPTIONS

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

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

Josh Broadbent JCT Trucking, Ballantine MT (406) 698-2032

Ben Martin, Worden MT (406) 616-7140

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