By participating in this auction the bidder agrees to the following terms and conditions: BUYER'S PREMIUM A buyer's premium of ten percent (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. PAYMENT All buyers must pay for their purchases in full by SAT, AUG 18 at 2 PM MDT. Payment can be made when purchases are picked up or credit card via phone. Musser Bros, Inc accepts the following forms of payment: • Cash • Local area checks (MT & WY) with valid drivers license. No other "out of state" checks accepted without prior approval or bank guarantee. • All major credit cards. 3.5% Convenience Fee added if payment made with credit card • Wire transfer with additional fee of $10 or $15 International IF YOU ARE THE WINNING BIDDER AND DEFAULT BY FAILING TO ADHERE TO THIS SELLERS TERMS AND CONDITIONS YOUR ACCOUNT WITH MUSSER BROS WILL BE LOCKED INSPECTION DATE, TIME & LOCATION All items in this auction are available for inspection at "Helena Industries", 1325 Helena AV, Helena, MT 59601 Tue Aug 14, 10-5 Thu Aug 16, 10-5 PICKUP LOCATION & TIMELINE All items can be picked up at "Helena Industries", 1325 Helena AV, Helena, MT. No items removed until payment has been received by auction company. Musser Bros staff will be onsite the following dates & times: FRI, AUG 17, 9-5 PM & SAT, AUG 18, 9-2 PM All items must be removed by SAT, AUG 18 AT 2 PM!! NO EXCEPTIONS If items are not removed by this time, Musser Bros. Inc. reserves the right to resell the items and retain all sales proceeds as payment for accumulated, unpaid storage and handling. 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. SHIPPING Shipping arrangements are the responsibility of buyer and must be completed by SAT, AUG 18 @ 12 Noon. Forklift Available until Sat, Aug 18 at 2 PM, AUCTION ENDING All lots end with a "Soft Close." A "Soft Close" means if any bid is placed within the last one minute of the close of the auction, the bid will automatically extend the closing time an additional one minute. Example: If a bid is placed at one minute until close, it will extend the closing time to one minute. This feature protects bidders from being outbid without the opportunity to be notified and place another bid before the close of the auction. Since most bidding occurs during the final minutes of an auction, this allows all bidders a sufficient amount of time to continue bidding. 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. 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.