JAMES SUTTON FARM & RANCH RETIREMENT AUCTOIN TERMS:

By accepting the terms and conditions of this auction you acknowledge that you are entering into a legal and binding contract between you and Ascent Auction Services (AAS). You agree to abide by and be bound by all terms and conditions herein.

SUMMARY

Buyer's Premium of 10% will be added to each lot’s high bid to establish the sale price for each lot
Title/Bill of Sale fee: $40
All invoices must be paid by 10/25 @ 1 p.m. or upon pickup, whichever comes first.
Items not removed within the given removal dates and times are considered abandoned and subject to forfeiture by the purchaser, becoming AAS property to be disposed of at AAS’s discretion. No refunds will be given for abandoned items.

BUYER’S PREMIUM

Buyer's Premium of 10% will be added to each lot’s high bid to establish the sale price for each lot

BIDDER REGISTRATION

A valid credit card must be on file to place a bid. You must be 18 years of age or older to register and bid. During the registration process, you must submit information found to be current, complete, and accurate for proper identification. You acknowledge that it is your responsibility to continually maintain current and accurate account information. All bids are final and cannot be retracted or removed.

BIDDER VERIFICATION

The identity of all bidders will be verified, bidding rights are provisional, and if complete verification is not possible, AAS will reject the registration, and bidding activity will be terminated.

RETURNS

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

PROCEDURE

This will be an online only bidding forum with increments as determined by the Auctioneer. Bidding starts at the nominal opening bid indicated and is open to the public. The Auctioneer is the sole arbiter and controller of the conduct of the auction and shall be the final and absolute authority without liability to any party.

CURRENCY TYPE

All bidding increments and payments will be in US Dollars (USD).

INSPECTION & PREVIEW

Inspection dates & times are listed in the "Preview" tab on the auction homepage.

LOT DESCRIPTIONS & CONDITION

AAS offers lot descriptions and condition details as a courtesy to bidders. They are intended to be accurate, but represent opinions only, not statements of fact, and do not imply any warranty concerning condition, or any assumption of liability. Lot announcements, listings, photographs, and catalog information are for descriptive purposes only.

You acknowledge that you have the right and responsibility to inspect each lot personally, or to have a third-party representative inspect the lot for you. By bidding on a lot, you have agreed to accept the lot in its present condition, at its present location and with the description provided, whether accurate or not.

BIDDING

Bids may be placed, manually, one bid at a time or bidders may utilize the Max Bid feature by entering the maximum bid they wish to pay for an item and allowing the software to bid incrementally for them. Occasionally, two different bidders place max bids for the same amount. In this case, the software awards the top bid to the bidder who placed the earliest max bid of that amount.

AUCTION ENDING

Beginning at the stated closing time per lot, the auction software will conclude bidding for the auction property with the following exception: if a bid is placed in the last thirty (30) seconds, bidding will be reset to forty five (45) seconds. This will continue until thirty (30) seconds elapses without any bids, at which time the auction will close and the property will be declared "Sold" to the highest bidder. Please note that some lots are linked together and will be set to close simultaneously.

PAYMENT

AAS does not split invoices, please bid accordingly with multiple accounts if you wish to have multiple invoices.

All payments are to be made online via one of the payment options below. Cash & checks will also be accepted during the designated removal dates and times.

At the end of the auction, all successful online bidders will receive an invoice and payment link via email. All invoices must be paid by 10/25 @ 1 p.m. or upon pickup, whichever comes first. If payment directions are not received by AAS by this time, invoices under $4,000 will be charged to the credit card on file. Invoices over $4,000 will be charged an additional 5% late payment fee. AAS accepts the following forms of payment:

Check with a valid driver’s license
Credit Card, 3% convenience fee
1. Credit card information can be updated online in your account settings

NON-PAYMENT, THEFT & FRADULENT BIDDING

Non-paying bidders or fraudulent bidding will be subject to legal recourse and possible criminal charges including any theft, fraud and/or interstate commerce violations. Bidders in possession of items they have not paid for will be subject to any and all theft violations. AAS has the right to locate and repossess any and all items not paid for in full.

PROCESSING FEES

$40- Title, Bill of Sale & Brand Certificate Fee for all lots requiring title/certificate transfer.
$35- Non-sufficient funds and/or bounced check or E-Check fee.
$30- Declined Credit card fee.

TITLE, BILL OF SALE & BRAND CERTIFICATES

Titles, Bill's of sale & brand certificates are transferred to buyer upon AAS's receipt of funds. Titles for items paid for with a credit card, check, e-check & wire will be mailed to buyer once funds are received by AAS. Titles for items consigned by a dealer may be processed by the dealer through the buyers county vehicle licensing agency and will not be transferred to buyer upon AAS’s receipt of funds.

Titles will be mailed to the address listed in the buyers AAS account.

Titles for new trailers will be given to the buyer in the form of an MSO or Level 1 Vehicle/OHV ID number inspection sheet. Both can be processed through the MT DMV.

Exceptions may apply, if so they will be noted in the lot's description.

REMOVAL

Removal dates and times are listed in the "Removal Times" tab on the auction's homepage.

Removal & transportation of all items shall be the sole responsibility of the buyer, please bring necessary assistance & transportation equipment. Loading assistance may be provided as a courtesy; however, buyer assumes all risk and responsibility for loading and removal of purchases.

STORAGE & LATE REMOVAL

Storage fees of up to $50 per item per day may apply for items not removed from auction site by the removal deadline. If special arrangements must be made to accommodate a customer pickup outside of the provided removal times, a $250 call out fee may be charged in addition to storage fees.

ABANDONMENT

Items not removed within the given removal dates and times are considered abandoned and subject to forfeiture by the purchaser, becoming AAS property to be disposed of at AAS’s discretion. No refunds will be given for abandoned items.

ACCOUNT SUSPENSION & LOSS OF BIDDING PRIVILEGES

If you fail to adhere to these Terms & Conditions, your account with Ascent Auction will be suspended & your bidding privileges will be revoked.

SHIPPING & TRANSPORTATION

Shipping & transportation is the responsibility of the buyer.

POSSESSION

Merchandise becomes the FULL RESPONSIBILITY of the buyer at the close of the auction and the buyer assumes all risk of loss and damage to property at that time. In any such event, the bidder will 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.

BIDDING IS NOT CONTINGENT UPON FINANCING

Buyer must have financing arranged, if needed, and be capable of paying cash at closing.

INTERNET, SERVER & SOFTWARE ISSUES

You acknowledge that the internet may be an unreliable and error-prone network. AAS will not be responsible for technology disruptions, errors or failures including disruptions to bidding or the failure to execute recognized or unrecognized online bids. Regardless of whether it is caused by a loss of connectivity or breakdown of the system, hacking or other reasons, AAS reserves the right, upon technology disruption, to continue, cancel or suspend the auction.

AUCTIONEERS ANNOUNCEMENT

AAS and its employees and contractors act merely as agents of the sellers. All auctions are with reserve unless specifically stated otherwise. Reserves, if any, are not disclosed. Bids may be placed by the seller, an employee of the seller, or an agent on the seller’s behalf up to the reserve or to obtain fair market value. AAS reserves the right to place and accept bids on behalf of internet bidders, absentee bidders, the seller, or themselves. AAS reserves the right to accept or reject any bid and in all cases of dispute AAS’s decision shall be final.

LIABILITY

Preview, bid, and pickup lot purchases at your own risk. AAS nor any of its officers, employees, independent contractors, or clients, are responsible for injury or damage of any kind, to anything or anyone, while previewing, bidding, picking up purchases, or conducting business. You agree to hold AAS and its agents harmless regardless of opinion.

LIMITATION OF LIABILITY

If, for any reason, AAS, is unable to make available or deliver any lot purchased, or portion thereof, or documentation required in respect to any lot, the sole liability of AAS, if any, will be the return of monies paid in respect to such purchase upon the lot’s return to AAS by buyer.

GOVERNING LAW

This agreement shall be interpreted in accordance with and governed by the laws of the State of Montana, to include but not limited to, the Uniform Commercial Code, as adopted in Montana. The exclusive jurisdiction and venue of any controversy or claim between Parties will be in the County of Gallatin in the State of Montana. In the event that litigation is filed to enforce the terms of this agreement, the losing party in such litigation is responsible to pay the litigation costs and reasonable attorney’s fees incurred by the prevailing party.

TERM OF AGREEMENT

The term of this agreement will begin on the date of this Agreement and will remain in full force and effect until completion of services.

PRIVACY

We respect your privacy and that of our clients, both buyers and sellers. We will not release your information to anyone without your permission. You agree to give AAS permission to email you promotional materials for future auction events. You can change this preference at any time.

James Sutton Farm & Ranch Retirement