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

LOCATION

4350 Neibauer Road • Billings, MT 59106

BUYER'S PREMIUM

A 5% Buyer's Fee will apply to all items selling for $2,501 and greater. A 10% Buyer's Fee will apply to all items sell for $2,500 and less

AUCTION END DATE

Tuesday, February 7th • First item closes at 1:00 PM (MST)

INSPECTIONS

Items in this auction are available for inspection, call office for available hours.

IMPORTANT PICKUP SCHEDULE

Within 5 business days after the auction, call office for available hours.

Please remove all items within this timeline. Purchases not removed within the allotted time will be subject to storage fee of $10 per day, per item. Purchases not removed within 30 days will be considered abandoned and Musser Bros Inc reserves the right to resell. 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.

LOADERS

Telehandlers & forklift available with a 6000# maximum lifting capacity. No Loading Dock. Only RGN or trailers with ramps can be used to pick up at this location.

PAYMENT

All purchases to be paid in full NO LATER THAN FEBRUARY 10, 1PM. All payments not received by February 10th may be charged an additional late fee.

ACCEPTABLE FORMS OF PAYMENT

Cash, Check, eCheck, Credit/Debit Card or Wire Transfer. 3.5% fee charged on all credit/debit card transactions.

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

SHIPPING

Shipping arrangements are the responsibility of buyer. Auction company can strap larger items on pallet for transport + handling fee of $25 +/- per 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 30 seconds or less remaining for that lot, bidding time for that lot will reset another 30 seconds and remain open until 30 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, 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. * Hours or mileage advertised are either what the meters read or Seller represents. Musser Bros makes no representations or verification of the accuracy of these components.

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.

BI Concrete, Inc • Total Liquidation Of Assets