Please read these Terms and Conditions carefully before participating in any auction. These terms constitute a legally binding agreement between you and Musser Bros.

1. Definitions and Parties

These Terms and Conditions govern all auctions and sales conducted by the following affiliated entities, collectively referred to herein as "Musser Bros," "Auctioneer," "we," "us," or "our":

• Musser Bros, Inc (Montana)

References to "Bidder," "Buyer," "you," or "your" refer to any individual or entity registering for, participating in, or purchasing through any Musser Bros auction.

2. Agreement and Acceptance

By registering an account, placing a bid, or participating in any auction conducted by Musser Bros, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions. This agreement constitutes a legally binding contract.

Age Requirement: You must be at least 18 years of age to register, bid, or participate in any Musser Bros auction transaction. By creating an account or placing a bid, you represent and warrant that you meet this age requirement and have the legal capacity to enter into binding contracts.

Registration Approval: Musser Bros reserves the right to accept or reject any registration or bid at our sole discretion. We are under no obligation to notify you of registration acceptance or rejection. Your ability to place bids does not guarantee final approval to purchase.

3. Agency Relationship

Musser Bros, including all employees, auctioneers, and representatives, acts solely as an agent for the seller in all auction transactions. We facilitate the sale of property on behalf of equipment owners, estates, businesses, and other consignors.

3.1 No Reserve Auctions

All auctions are conducted without reserve unless explicitly advertised as having a reserve. "No Reserve" means the item will be sold to the highest bidder regardless of the final bid amount, and the seller has no right to reject any bid. When an auction has no reserve, the sale is final upon the close of bidding.

3.2 Auctions With Reserve

When a reserve is specified and clearly advertised before bidding begins, the seller has reserved the right to accept or reject bids that do not meet the undisclosed minimum reserve price. If a reserve is in place: the reserve amount is not disclosed to bidders; bidders will be notified if their bid does not meet the reserve; the seller maintains the right to accept or reject the highest bid if it does not meet the reserve; and Musser Bros will clearly indicate in the auction listing when a reserve applies.

3.3 Auction Integrity

To maintain fairness and transparency in our auctions: Sellers are prohibited from bidding on their own items ("No Buybacks"); all bids represent genuine buyer interest; shill bidding (artificially inflating bids) is strictly prohibited; and any violation of auction integrity may result in auction cancellation and legal action. In auctions with reserve, the Auctioneer reserves the right to place bids on behalf of the seller up to the amount of the seller’s reserve price. Such bids are placed solely to protect the seller’s reserve and will not exceed the reserve amount. This practice is disclosed to all bidders and does not constitute shill bidding.

3.4 Finality of Sale

Once the auctioneer declares an item "sold" and the winning bidder is announced, the sale is binding and final when: (a) the auction has no reserve, OR (b) the auction has a reserve and the reserve price has been met. In these cases, neither the buyer nor seller may withdraw from the transaction.

4. Payment Terms

4.1 Buyer’s Premium

A Buyer’s Premium will be added to the final hammer price (winning bid) of each item purchased, calculated as follows:

• 10% of the hammer price

4.2 Payment Deadline

Payment is due within 2 days after auction ends. All payments not received by the stated deadline will be charged an additional late payment fee.

4.3 Acceptable Payment Methods

Musser Bros accepts the following forms of payment:

• Online Payment Portal (preferred method – credit/debit cards and ACH accepted online)

• Wire Transfer (please call for wiring instructions)

• Cashier’s Check or Certified Check payable to Musser Bros

• Personal Check subject to approval; items may be held until check clears

• Credit Cards (Visa, Mastercard, Discover accepted; 3.0% processing fee applies)

• Cash

4.4 Proof of Funds and Proof of Payment

Musser Bros reserves the right, at our sole discretion, to require proof of funds or enhanced payment security from any bidder or buyer. This may include, but is not limited to, requiring: (a) a bank letter of guarantee; (b) cashier’s check or certified funds; or (c) wire transfer. This requirement may be applied to out-of-state buyers, first-time buyers, high-value purchases, or any other circumstance where Auctioneer deems additional payment security appropriate.

Proof of Payment for Off-Site Pickup: Buyers picking up items from off-site locations (not at a Musser Bros office) are required to present an official payment receipt or proof of payment issued by Musser Bros. Failure to provide proof of payment may result in the buyer being turned away by the seller or site manager. It is the buyer’s responsibility to obtain and carry proof of payment prior to arriving at the pickup location.

4.5 Late Payment and NSF Fees

• Checks returned for non-sufficient funds (NSF) are subject to a $50 fee

• At Auctioneer’s discretion, items will not be released until payment clears in full, including all fees

• A fee of 2% of the outstanding balance per month will be added to any unpaid balance

• Buyers are responsible for all collection costs, including reasonable attorney fees, court costs, and collection agency fees incurred due to non-payment

5. Sales Tax

Not applicable.

6. Bidding Process

6.1 Auction Closing (Timed Online Auctions)

Timed online auctions close on the date and time stated in the auction listing. To ensure fair bidding and prevent "last-second sniping," Musser Bros employs an automatic extension feature:

• Soft Close Feature: If a bid is placed within the final minutes or seconds of a lot’s scheduled close, the closing time for that lot automatically extends. This extension continues until no bids are placed within the extension period.

• Variable Extension Timing: Auctioneer reserves the right to adjust the length of the automatic extension period at any time during the auction. Extension periods typically range from 30 seconds to 2 minutes depending on the value and type of items being sold.

• Closing Order: Closing times are staggered to allow lots to close in catalog order; however, when a lot is continually extended due to bids in the final seconds, lots further down in the catalog may close first if those lots are not also extended. Bidders should monitor all lots of interest as closing order is not guaranteed. NOTE: If a cascading auction block format is adopted, only items moved into the active auction block will sell; lots below the block will not continue closing independently. The auction format for this event is subject to change.

• Linked Lots: When lots are linked, if one lot goes into extension, all linked lots extend together.

6.2 Maximum Auto Bid (Proxy Bidding)

When placing a "Maximum Bid," the bidding system will automatically bid on your behalf up to your set maximum amount using preset bid increments. Example: The current bid is $1,000 and you enter a maximum bid of $5,000. The system will bid at preset increments on your behalf until either your maximum is reached or you are the high bidder. If another bidder places a $3,000 maximum bid, the system will automatically bid you up to $3,025 (one increment above). You will only pay one increment more than the competing bidder, not your full maximum.

6.3 Tie Bid Precedence

In the event of a tie bid, precedence is given to the earliest bid. Example: Bidder #1 places a $10,000 maximum bid. Later, Bidder #2 also places a $10,000 maximum bid. Because Bidder #1’s bid was placed first, Bidder #1 remains the high bidder at $10,000.

6.4 Outbid Notifications

Until the auction begins to close, the bidding software will notify bidders by email and/or text when they have been outbid (if those notification options are selected during registration). Please watch the auction closing time to determine exactly when each lot will close.

IMPORTANT: Bidders should not rely solely on email and/or text notifications. Technical glitches have been known to occur with notification systems, and Musser Bros is not liable for any failure, delay, or error in the delivery of outbid notifications. It is the bidder’s sole responsibility to monitor lot closing times and bid status directly on the auction platform.

6.5 Disputes Between Bidders

In the event of any dispute between bidders, the Auctioneer has sole authority to designate the successful bidder and resolve the dispute. The Auctioneer’s decision is final and binding on all parties. The Auctioneer reserves the absolute and sole discretion to accept or reject any bid or bidder for any reason.

7. Inspection, Condition, and Warranties

7.1 Buyer’s Responsibility to Inspect

Bidders are strongly advised to use care to satisfy all questions or concerns about an item before placing a bid. Buyers have both the right and responsibility to thoroughly inspect any and all items of interest prior to bidding. Inspection times, dates, and seller contact information will be published in each auction listing. If the seller cannot be reached, please contact Musser Bros for assistance. Every auction has a sufficient inspection period to allow for full and complete inspection and investigation of items. The buyer accepts the condition of each item by placing a bid. Bids cannot be removed once placed.

The buyer understands that the buyer is responsible for ensuring that any item purchased satisfies any state-specific inspection, registration, or compliance requirements.

7.2 Auctioneer Listings

Musser Bros auction listings include a written description of item details, a catalog of color photographs, and videos when applicable. Items are cataloged by a Musser Bros representative, and sellers may provide additional information or supporting documentation (such as build sheets, recent work orders, or maintenance records) when available. The buyer understands that written descriptions may not reflect all information otherwise visible in photographs or videos.

The buyer understands and agrees that Musser Bros does not perform mechanical inspections on items and that auction listings are not intended to be substitutes for independent inspection by the buyer. Specifically, the buyer understands the following limitations with regard to Musser Bros listings:

• Mileage and Hours: Mileage and hours listed are representations of what is observable on the service meter or as represented by the seller, but may not reflect actual hours or actual mileage. Buyers will have no recourse against Musser Bros or the seller for actual miles or hours being different than as represented in the listing.

• Operating Weight and Dimensions: Operating weight and dimensions appearing in listings are manufacturer specifications or estimates only. Actual weight and dimensions may vary due to additional features, options, attachments, or loaded configuration. It is the buyer’s responsibility to measure and weigh all items before transport. DO NOT rely on listed measurements or weights for transportation purposes.

• Accessories and Components: Accessories, ancillary equipment, and components (interior, exterior, or otherwise) may be listed in the description; however, Musser Bros and the seller do not verify the operational condition of accessories such as air conditioning, heat, audio equipment, lighting, hydraulic attachments, or other ancillary systems.

• Cosmetic Condition: Cosmetic damage, body damage such as dents, cracks, scratches, rust, stains, and tears may not be included in descriptions but may exist on the item. Photographs and videos should be reviewed carefully and are not guaranteed to show all existing cosmetic or structural conditions.

7.3 As-Is, Where-Is Sale

ALL ITEMS ARE SOLD "AS-IS, WHERE-IS" WITH ALL FAULTS.

By placing a bid, you acknowledge and accept the item in its present condition, location, and state of repair (or disrepair). You assume all risks associated with the condition, usability, and fitness for any particular purpose. While Musser Bros strives for accuracy in all listings, descriptions, specifications, and photographs may contain errors or omissions. It is the buyer’s sole responsibility to verify all details, specifications, condition, and suitability of items through independent inspection before placing any bid.

7.4 No Warranties

NO WARRANTIES EXPRESSED OR IMPLIED. Musser Bros, along with all sellers, expressly disclaim all warranties of any kind, whether express, implied, or statutory, including but not limited to warranties of merchantability, fitness for a particular purpose, title, and non-infringement. To the fullest extent permitted by law, all implied warranties imposed by statute or common law are hereby waived.

8. Removal and Pickup

8.1 Removal Responsibility

The buyer is solely responsible for all costs associated with removal, transportation, and handling of purchased items. Shipping arrangements are the responsibility of the buyer; however, Musser Bros may provide contact information for local haulers upon request.

8.2 Removal Deadline and Abandonment

All items must be removed within the timeframe specified in the auction listing, 2 days from the auction close date unless otherwise stated. Specific pickup schedules, if different from above, will be published in each auction listing.

Abandonment: Failure to remove purchased items within 30 days of the auction close date (or other removal deadline specified) will be considered abandonment of property. Once items are deemed abandoned, Musser Bros may take the following actions at our sole discretion:

For Items Valued at $5,000 or Less: Items may be disposed of, scrapped, donated, or returned to the original seller. Items may be resold at a subsequent auction. If resold, proceeds (less all costs incurred and a 20% administrative fee) will be returned to the original buyer, if any proceeds remain.

For Items Valued Over $5,000: Storage fees will continue to accrue up to a maximum of $1,500 total. Items may be resold to recover costs. The buyer remains liable for any deficiency if the resale does not cover all costs and fees.

Musser Bros is not responsible for storing, maintaining, insuring, or protecting abandoned items. All risk of loss, damage, theft, or deterioration remains with the buyer.

8.3 Storage Fees

Items not removed by the stated deadline are subject to storage fees of $25 per day per item beginning the day after the removal deadline.

8.4 Loading Equipment and Assistance

Loading equipment availability varies by location and auction. Bidders should contact Auctioneer and/or Seller Contact prior to bidding if they have questions about what equipment will be available for loadout and any lifting capacity limitations. Buyers must arrange appropriate transportation (e.g., RGN trailers, trailers with ramps) based on item size and weight. Buyers requiring crane service or other specialized equipment must hire such services independently.

8.5 Hauling Liability Release

All buyers, customers, hauling companies, and their agents release Musser Bros, its employees, agents, and sellers from all liability during the loading and hauling process. Musser Bros will not be held liable for any damages. It is the sole responsibility of the buyer to tie down loads appropriately and in compliance with DOT regulations.

9. Buyer Default and Non-Payment

ALL BIDS ARE FIRM COMMITMENTS AND LEGALLY BINDING CONTRACTS.

By placing a bid, you enter into a legally binding contract to purchase the item at your bid amount (plus buyer’s premium and applicable taxes) if you are the winning bidder. This obligation cannot be cancelled, retracted, or voided except in cases of proven technical malfunction or auctioneer error.

Bids cannot be cancelled or retracted once submitted, except at the sole discretion of the Auctioneer. If you have placed a bid in error, you must contact Musser Bros immediately. We may or may not be able to accommodate your request depending on the circumstances and timing.

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

Non-payment or refusal to complete a purchase after winning an auction constitutes a material breach of contract and may result in the following actions:

• Immediate suspension or permanent termination of your Musser Bros account

• Legal action to recover the full purchase price, including all fees and costs

• Referral to a collection agency

• Reporting to credit bureaus

• Filing of criminal charges for fraud or theft by deception (where applicable)

10. 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 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 reasonable attorney’s fees.

11. Risk of Loss and Liability

Risk of loss, damage, theft, or destruction transfers to the buyer immediately upon the fall of the Auctioneer’s hammer (the close of bidding), even if payment has not been completed or the item has not been removed. The buyer is responsible for insuring items from that point forward.

By participating in Musser Bros auctions, inspecting items, or removing purchased property, you acknowledge and agree that you are solely responsible for your own safety and the safety of others accompanying you. You assume all risk of personal injury, property damage, loss, or death arising from or related to your participation.

You agree to release, hold harmless, defend, and indemnify Musser Bros, our employees, auctioneers, agents, contractors, and the sellers of items, from any and all liability, claims, demands, damages, losses, or expenses (including attorney fees) arising from personal injury, property damage, accidents, or hazardous conditions.

12. Internet Service and Technology

Musser Bros provides online bidding services for the convenience of buyers. However, internet connectivity and technology systems can be unpredictable. By participating in online auctions, you acknowledge and accept the following:

• No Liability for Transmission Failures: Musser Bros is not responsible for any failure, delay, interruption, or error in bid transmission.

• Auction Suspension: Musser Bros reserves the right to extend, suspend, or reschedule auctions due to technical difficulties.

• Auctioneer Discretion: The Auctioneer has sole discretion to accept, reject, or modify any bid affected by technical issues.

NEITHER THE COMPANY PROVIDING THE SOFTWARE NOR MUSSER BROS SHALL BE HELD RESPONSIBLE FOR A MISSED BID OR THE FAILURE OF THE SOFTWARE TO FUNCTION PROPERLY FOR ANY REASON.

Bidders are encouraged to place bids well in advance of closing times to avoid potential technical issues.

13. User Account Terms

All registration information you provide 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. You must notify Musser Bros immediately if you believe your bidder number and password have been compromised.

14. No Returns

All sales are final. There are no returns, refunds, credit card charge-backs, or adjustments.

15. Indemnification

You agree to defend, indemnify, and hold harmless Musser Bros, our parent company, subsidiaries, affiliates, employees, officers, directors, agents, contractors, and licensors from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including attorney fees) arising from your use of services, violation of these Terms, violation of third-party rights, violation of laws, or unauthorized use of your account.

16. Limitation of Liability

To the fullest extent permitted by applicable law, in no event shall Musser Bros be liable to you for any indirect, incidental, special, consequential, punitive, or exemplary damages whatsoever, including damages for loss of profits, loss of data, loss of goodwill, or any other intangible losses.

If, for any reason, Musser Bros 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, if any, shall be the return of monies paid in respect of such purchase upon its return by purchaser.

17. Prohibited Activities

By using Musser Bros’ services, you agree that you will NOT engage in: reverse engineering of our platform; automated data collection without permission; platform interference or unauthorized access; sharing account credentials; shill bidding, bid manipulation, or collusion; or any illegal activities. Violation may result in account termination and legal action.

18. Governing Law and Venue

These Terms and Conditions shall be governed by and construed in accordance with the laws of the state where the item is located at the time of sale. Any legal action arising from these Terms shall be instituted exclusively in the following courts based on item location:

• Montana: State or federal courts in Yellowstone County, Montana

Both parties hereby waive their right to a trial by jury in any proceeding arising out of or related to these Terms.

19. Severability

If any provision of these Terms and Conditions is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, or if modification is not possible, shall be severed from these Terms. The invalidity or unenforceability of any provision shall not affect the validity or enforceability of any other provision, and all remaining provisions shall continue in full force and effect.

20. Changes to Terms and Conditions

Musser Bros reserves the right to modify these Terms and Conditions at any time. When changes are made, we will update the "Last Updated" date at the top of this document. Your continued use of Musser Bros’ services after any changes constitutes acceptance of the revised Terms.

21. Contact Information

Musser Bros Auctions and Real Estate

Email: memusser@mbauction.com

Website: www.mbauction.com

Office Location:

Montana Office - 4350 Neibauer Rd, Billings, MT 59106 – (406) 652-2266

(14) Concrete Barriers, Same as 2780

Description

Terms & Conditions

The best of everything is sold at auction—the purest form of price discovery.