Montana FWP Wildlife Auction — Terms & Conditions
Live Auction Conducted by National Auction USA
IMPORTANT: Your acceptance of these terms is your promise to read and abide by the Conditions of Sale as printed below. This is a live, on-site auction of wildlife parts and items regulated by Montana Fish, Wildlife & Parks (FWP). Bidders are responsible for understanding and complying with all applicable state and federal wildlife laws prior to bidding.
General Conditions
While the Auctioneer has endeavored to advertise and describe the property correctly, all property is sold "as is, where is," and neither the Auctioneer nor the consignor (Montana Fish, Wildlife & Parks) will be responsible for the description, authenticity, genuineness, provenance, or condition of the property. No statement contained in the advertisement, catalog, or made orally at the sale or elsewhere shall be deemed to be such warranty, representation, or an assumption of liability.
All bidders should physically inspect items during the scheduled preview prior to placing any bids. No bids can be withdrawn for any reason once acknowledged by the Auctioneer.
The highest bidder acknowledged by the Auctioneer shall be the purchaser. In the event of any dispute between bidders, the Auctioneer shall have absolute discretion to either determine the successful bidder — in which event his determination shall be final — or to re-offer and resell the article in dispute on the spot. If any dispute arises after the sale, the Auctioneer's sale record shall be conclusive as to who was the purchaser, the amount of the highest bid, and in all other respects.
If the Auctioneer, in his sole and final discretion, decides that any original bid or any advance thereafter is not of a sufficient amount, he may reject the same.
Wildlife Items — Buyer Compliance & Legal Possession
All wildlife items offered at this auction are sold under the authority of Montana Fish, Wildlife & Parks (FWP). By registering and bidding, the buyer acknowledges and agrees that:
- Lawful possession of any wildlife item purchased at this auction is contingent upon full and final payment clearing in U.S. funds.
- At checkout, the auction service will provide each buyer a receipt for all items purchased during the auction. This receipt serves as the buyer's proof that the items were legally obtained. Buyers must retain this receipt permanently as evidence of lawful possession.
- It is the buyer's sole responsibility to comply with all federal, state, and local laws governing the possession, transport, sale, gifting, and export of wildlife parts — including but not limited to the Lacey Act, the Migratory Bird Treaty Act, the Endangered Species Act, CITES, and Montana Code Annotated Title 87.
- Some items may not be lawfully transported across state lines or international borders. The buyer is responsible for verifying applicable laws in their jurisdiction before bidding.
Bidder Registration
All bidders must register on-site prior to the start of the auction. To register and bid, you must:
- Be at least 18 years of age
- Present a valid government-issued photo ID
- Provide accurate and complete contact information
- Acknowledge these Terms & Conditions in writing
All bids placed under your assigned bidder number are your sole responsibility. Bidder numbers are non-transferable.
Buyer's Premium
A 5% Buyer's Premium will be added to the final hammer price of each lot.
Cash & Check Discount: Buyers paying in full by cash or check at checkout receive a 5% discount, effectively waiving the Buyer's Premium. There is no additional credit card processing fee.
Payment
Payment is due in full at the conclusion of the auction, before any items leave the premises. Payment must be made in U.S. Dollars (USD) and may be made by:
- Cash — 5% discount applied
- Check (personal or company, accompanied by valid driver's license) — 5% discount applied
- Credit card — no additional processing fee
- Wire transfer — $10 wire fee (items released after funds clear)
Out-of-state checks must be pre-approved by National Auction USA prior to the auction.
No item will be released without payment in full.
Returned Checks & Chargebacks — Wildlife Items Deemed Unlawfully Possessed
Any check returned for insufficient funds, stop payment, closed account, or any other reason, and any credit card chargeback initiated against National Auction USA for any reason, renders the underlying purchase null and void. Title to the lot(s) does not pass to the buyer until funds have fully and irrevocably cleared in U.S. currency.
Because all items in this auction are regulated wildlife property of Montana Fish, Wildlife & Parks until lawfully transferred, any wildlife item taken from the auction premises under a check that subsequently fails to clear, or under a credit card payment that is later charged back, is deemed not legally purchased and is possessed unlawfully by the buyer. The auction receipt provided at checkout is rendered void and no longer serves as proof of legal possession.
Montana Fish, Wildlife & Parks expressly retains the right to investigate, recover, and confiscate any and all items associated with a failed payment or chargeback, wherever located, and to refer the matter to FWP Enforcement Division and other law enforcement agencies for criminal investigation and prosecution under applicable Montana wildlife statutes and federal law.
In addition to confiscation, the buyer remains responsible for the original purchase amount, all bank and processor fees, a returned-check or chargeback service fee, collection costs, attorney's fees, and any damages resulting from resale of the property. The bidder's account and registration privileges will be permanently suspended.
Possession & Release of Items
Items will be released to the winning bidder only upon:
- Payment clearing in full at checkout
- Presentation of the paid invoice and bidder number
- Receipt of the auction service's written receipt for items purchased
Once an item has been released to the buyer with cleared payment and a valid auction receipt, the buyer assumes full responsibility for the item, including all risk of loss, damage, transport, and ongoing legal compliance.
Lot Descriptions & Condition
National Auction USA and Montana FWP provide lot descriptions and condition details as a helpful resource for bidders. These details are intended to be accurate but are only opinions, not statements of fact, and do not provide any warranty or guarantee regarding the condition, age, species identification, or origin of the items.
Catalog descriptions, listings, photographs, and oral statements are for descriptive purposes only and are not a substitute for physical inspection. It is the responsibility of the buyer to inspect items during the scheduled preview and confirm condition, authenticity, and legality of intended use before bidding.
All items are sold "as-is, where-is" with no expressed or implied warranties. Failing to fully inform oneself about the condition or regulatory status of an item will not be grounds for any claim, adjustment, or cancellation of the sale.
Returns
All sales are final. No returns, refunds, credit card chargebacks, or adjustments will be granted under any circumstances. Chargebacks initiated against National Auction USA will be considered fraudulent and may be referred for criminal prosecution.
Non-Paying Bidders
Bidders who fail to pay for their purchases or engage in fraudulent bidding will face civil and criminal consequences, including potential charges for fraud, theft, issuance of bad checks, and violations of interstate commerce. Items associated with non-payment remain the property of Montana FWP and are subject to confiscation. The bidder's account will be permanently suspended and reported.
Lot Groupings
When bidding on grouped lots, it is the responsibility of the winning bidder to take possession of the entire lot. Failing to do so will result in suspension of the bidding account and forfeiture of payment.
Liability & Safety
National Auction USA, Montana Fish, Wildlife & Parks, and their respective officers, employees, independent contractors, agents, and volunteers shall not be held liable for any injury or damage of any kind that may occur during the preview, bidding, checkout, or pickup of items at this auction. Bidders and attendees participate at their own risk and agree to release all parties from any liability regarding the condition, handling, and location of the property being offered for sale.
Bidders are solely responsible for their own safety and the safety of their guests, and are encouraged to exercise caution during preview, bidding, and pickup.
Privacy
National Auction USA takes the privacy of bidders seriously. Personal information collected at registration will be kept confidential and will not be disclosed to third parties without explicit consent, except as required by law or as necessary to fulfill Montana FWP reporting and compliance obligations. By registering as a bidder, you grant National Auction USA permission to send you occasional promotional emails about future auction events. You may change your email preferences at any time.
Shipping
No shipping. All items must be picked up in person at the auction site. Buyers are responsible for transport in compliance with all applicable wildlife transport laws.
Auction conducted by National Auction USA on behalf of Montana Fish, Wildlife & Parks.National Auction USA — Powered by Technology. Built on Relationships.3625 S 56th St W, Billings, MT | 406-259-4730 | [email protected]
