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

LOCATION

1303 HWY 14A, Powell, WY 82435

Fry Gravel & Excavation Location

AUCTION DATE

Tuesday November 23rd, 2021 • First item closes at 7:00PM (MT)

PAYMENT DATE

All purchases to be paid in full within 24 hrs after auction ending. All payments not received or postmarked by November 24th, 2021 will be charged an additional 5% late payment fee. The fastest and most convenient way to pay is once you receive your online invoice, click the + sign by Payments, then choose either E-Check, or Credit Card (3% added for credit card) to pay your invoice immediately.

IF YOU ARE THE WINNING BIDDER AND DEFAULT BY FAILING TO ADHERE TO THESE TERMS & CONDITIONS YOUR ACCOUNT WITH MUSSER BROS WILL BE SUSPENDED

We will not be accepting payment onsite.

ITEM PICKUP DATE

Item Pickup will be by appointment only, call Spencer Fry at 307-254-7313 to arrange pick up at 1303 US HWY 14A, Powell, WY 82435

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.

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 + $10.00 BP = $110.00 invoice amount

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 45 seconds or less remaining for that lot, bidding for that lot will remain open until 45 seconds passes without any further bid advances.

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 Park County, Wyoming.

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.

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.

Fry Gravel & Excavation Excess Equipment