By registering and participating in this auction, the bidder/buyer agrees to the following TERMS AND CONDITIONS:
BUYER’S PREMIUM
A buyer’s premium of ten percent (10%) will be added to the high bid to determine the final selling price for the auction lot.
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. Musser Bros. Inc. and it’s employees act merely as agents for sellers. While the information we provide on item(s) is deemed correct, no warranties are expressed or implied as to any items being sold and you agree to purchase and accept the item in an as-is condition. Information on items is obtained by us from the sellers and you hereby agree to hold harmless Musser Bros. Inc. and their employees for any errors or omissions regarding the item(s) being sold. This information includes but is not limited to year, model, machine or engine hours, physical condition, options, features and other data pertinent to the value of the item.
RESERVES
All lots will sell to the highest bidder without reserve, unless noted otherwise.
ALL ITEMS ARE SOLD AS-IS WHERE-IS
All items are sold “As-Is Where-Is” unless specific factory or seller issued warranties are listed in the item description.
SALES TAX
ALL APPROPRIATE STATE SALES TAX LAWS WILL APPLY.
PAYMENT
Musser Bros Staff will be on auction site during load out to receive payment.
Payment can be made during pickup days by personal or business check with bank letter of credit if not personally known by the auction company, cash, credit card (+3%), wire (+$15) or direct deposit into Musser Bros Auctioneers, Wells Fargo.
Email Shelley at shelley@mbauction.com for payment questions.
No item may be picked up until payment is received by Musser Bros.
Merchandise becomes the full responsibility of the buyer at time of payment and the buyer assumes all risk of loss and damage to property at that time. 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.
SHIPPING
Musser Bros. Inc. or Seller cannot provide shipping for items purchased through this auction.
PICKUP
All items must be picked up once Musser Bros. Inc. has received and acknowledged payment in full. Please see the load out schedule for dates and times. Bring your own labors for loadout.
Checkout and removal available on Wednesday, December 5 at Noon, Thursday, December 6 and Friday, December 7 from 9am to 5pm.
Pipe removal can be extended into February, except for Dec 17 - Jan 7.
NO SHIPPING AVAILABLE! 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. Shipping Musser Bros. Inc. will NOT provide shipping for items purchased through this auction.
AUCTION ENDING
Beginning at the stated closing time, the auction software will conclude bidding in catalog order with the following exception: if a bid is placed in the last two (2) minutes remaining for that auction lot, bidding for that lot will remain open for an additional two (2) minute. Some lots may be grouped together so that a bid on one lot will extend the time on all lots in that group.
DEBT COLLECTION AND COLLECTION CHARGES
The buyer agrees to pay all reasonable attorney fees and other costs incurred by Musser Bros. Inc. in its efforts to collect unpaid funds due from the buyer under this agreement, regardless of whether or not a civil suit is actually commenced. The buyer agrees that a fee of 2% of the outstanding balance per month be added to any unpaid balance due Musser Bros. Inc. Buyer also authorizes Musser Bros. Inc. to debit their credit card placed on file by buyer with Musser Bros. Inc. for any past due amounts owing by buyer under this agreement. The buyer expressly stipulates that this agreement shall be exclusively governed by and construed in accordance with the laws of the State of Wyoming of the United States of America to the exclusion of any other law or conflicts of law principal that might otherwise apply to the law of any other jurisdiction. Exclusive jurisdiction and venue for any dispute, controversy or claim arising out of or in connection with this agreement shall only be placed in the Federal or State Court with competent jurisdiction located in Cody, Wyoming. In this regard, the parties consent to the exercise of personal jurisdiction by said courts in any such action.
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.
AGE REQUIREMENT
All bidders must be 18 years of age or older.
BIDDER INFORMATION & 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.
THE AUCTION WILL BE CONTROLLED BY THE AUCTIONEER PROGRAM. The Auctioneer is not responsible for malfunctions or system errors which cause a bid or bidder to fail to be recognized or registered. If there is a dispute, the Auctioneer may re-open the bidding at the Auctioneer’s sole discretion and shall serve as the sole arbiter as to who is or is not allowed to bid. The Auctioneer reserves the right to group, add to, delete, withdraw, consolidate or break down properties or quantities offered, to sell out of scheduled sequence, to reject any bid which is only a fraction advance over the preceding bid, to regulate bidding and to accept or reject any or all bids. Absentee bids may be accepted at the discretion of the Auctioneer. Any and all decisions of the Auctioneer regarding the order and conduct of the auction shall be final and absolute without liability to any party. Seller reserves the right to cancel or withdraw any property at any time.
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