Claar Cellars Farm & Winery Equipment

By participating in the auction, whether at the auction site, online, telephonically, or through any other means (including Absentee Bid), you are deemed to have agreed be bound by, and to abide by, all auctioneer’s terms and conditions set out herein.

The auction is conducted in the State of Washington and all items will be sold and delivered in the State of Washington. These Bidder Terms and Conditions are governed by the laws in the State of Washington.  The sale of all items is conducted in furtherance of a liquidation in connection with Bankruptcy Proceedings under Chapter 11 of the U.S. Bankruptcy Code in the United States Bankruptcy Court, Eastern District of Washington (the “Court”) referenced as In re Claar Cellars, LLC, Debtor, Lead Case No. 20—00044-WLH11 and In re RC Farms, L.L.C., Debtors Case No. 20-00045-WLH11 (Jointly Administered). All sales are subject to the Orders issued by the Court in connection with such bankruptcy proceedings. The approval of any sale of items to a Winning Bidder may be subject to a requirement for further Court approval. Any and all terms and conditions applicable to any sale of items is subject to amendment in the sole discretion of Auctioneer and/or Seller in order to comply with any Orders issued by the Court.

The terms and conditions applicable to the purchase of the personal property from the Seller are found in the Bill of Sale which is found on auctioneer’s website prior to bidding at www.mbauction.com. All Buyers will be required to enter into the Bill of Sale for the purchase of the personal property they are purchasing within one (1) business day following the close of the auction notwithstanding that your bid may remain subject to Seller’s confirmation or approval by Order of the Court.

A 2.5% Buyer's Fee payable to auction company will apply to each item selling for $2,501 and greater.  A 10% Buyer's Fee payable to auction company will apply to each item selling for $2,500 and less. 

Sales tax will be collected on all items sold in Washington State based upon the location of the item.

All items are sold as is, where is with all faults and without warranty express or implied. By participating in this auction the bidder/buyer agrees to the following terms and conditions: Disclaimer All lots sell as is, where is, with all faults. Auction company and the seller do not give or make any type of guarantee or warranty regarding the lots to be sold, implied or otherwise. Auction company encourages all bidders to inspect lots in person before bidding. Auction company is not responsible for incorrect listing information, if any. Auction company 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 auction company staff are provided in good faith and are matters of opinion. Auction company and its employees act merely as agents for sellers. Reserves, if any, ARE NOT disclosed unless advertised as "ABSOLUTE." Auctioneers at their discretion may place a reserve bid on behalf of the Seller. All final bids are subject to the seller's confirmation. Only the top bidder will be contacted as to the status of his/her bid. Bidders  hereby agree to hold harmless auction company and its  employees for any errors or omissions regarding the item(s) being sold.

. A documentation service fee of $100 will be added to all titled vehicles.

Payment and Closing. All buyers must execute the Bill of Sale and pay for their purchases in full 1 business day after auction ending. Closing will occur at the time of execution and payment, subject only to the requirement for Seller to obtain any further approval by order of the Court in which case closing shall occur promptly after receipt of such Court approval. Any delay in closing for such purposes shall not be cause for a buyer to terminate or fail to close the transaction.  Auction company accepts the following forms of payment: Cash, Cashiers Check, Personal or Company Checks. Credit cards are subject to a 3.5% convenience fee.  All out of state checks must be accompanied by an irrevocable Bank Letter of Guarantee, unless known by the auctioneers. 

Pickup and Removal:  The Bill of Sale sets out terms and condition related to payment of the purchase price, transfer of title, taking of possession and risk of loss with respect to all items being purchased.

Right to Resell. If a buyer does not comply with any terms and conditions set out herein or in the Bill of Sale (including, without limitation, paying for and removing items from the Seller’s property by the required deadlines), the auction company reserves the right to resell any and all items that were to have been purchased by such buyer.

Shipping:   Auction company will NOT provide shipping for items purchased through this auction.

Auction Ending: Beginning at the stated closing time, the auction software will conclude bidding for one lot each thirty-sixty seconds in catalog order with the following exception: if a bid is placed in the last thirty (30) seconds remaining for that auction lot, bidding for that lot will remain open for an additional thirty (30) seconds. 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 Interest Charges: The buyer agrees to pay all reasonable attorney fees and other costs incurred by auction company or Seller in its efforts to collect unpaid funds from the buyer. The buyer agrees that a fee of 2% of the outstanding balance per month be added to any unpaid balance due auction company.

Limitation of Liability: If, for any reason, auction company is unable to make available or deliver any Purchase, or portion thereof, or documentation required in respect of any purchase, the sole liability of auction company, 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 and Security. All registration information the bidder provides to auction company 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 auction company. if they believe that their bidder number and password have been compromised.

Server and 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 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.

All items must be removed by no later than July 14.  Removal hours will be from 10am - 4pm, on July 12 through July 14.