By participating in this auction the bidder agrees to the following terms and conditions: INSPECTION DATE, TIME & LOCATION All items in this auction are available for inspection located at ULTIMATE CUSTOM CABINETS, 233 N 15th St, Billings, MT 59101 • Wed Oct 18, 11-3 • Sun Oct 22, 1-4 • Thu Oct 26, 10-3 BUYER'S PREMIUM A buyer's premium of 10% of the high bid will be added to the high bid to determine the final sales price for the auction lot. Example: $100 bid + $10 BP = $110 invoice amount 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. 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 for an additional 1 minute or 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. PAYMENT All buyers must pay for their purchases in full by SATURDAY, OCT 28 at 12:00 Noon. Payment can be made when purchases are picked up OR wire transfer & credit card via phone. Musser Bros, Inc accepts the following forms of payment: • Cash • Local area checks (Montana & Wyoming) with valid drivers license. No other "out of state" checks accepted without prior approval or bank guarantee. • All major credit cards. 3% Convenience Fee added if payment made with credit card • Wire transfer PICKUP LOCATION & TIMELINE All items can be picked up at 233 N 15 Street, Billings, MT. Musser Bros staff will be on-site the following dates & times: Friday, Oct 27, 9-4 PM; Saturday, Oct 28, 9-12 Noon; afterwhich appointments must be made for Monday or Tuesday, Oct 30/31. No access to building after Tuesday, October 31st. Merchandise becomes the full responsibility of the bidder at time bidding ends 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. SHIPPING No shipping services available, items must be picked up on location by purchaser. Musser Bros Inc can assist purchaser with forklift, however, if forklift is incapable of lifting an item it's purchasers responsibility to rent a lift. 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. DISCLAIMER All lots sell as is, where is, with all faults. Musser Bros, Inc and the seller do not give or make any type of guarantee or warranty regarding the lots to be sold, implied or otherwise. Musser Bros, Inc encourages all bidders to inspect lots in person before bidding. 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. Printed statements or descriptions by Musser Bros, Inc staff are provided in good faith and are matters of opinion. 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.