L. W. Benton Company, Inc.

Terms and Conditions for Online Auctions

Bidder and Auctioneer agree that the terms listed below shall govern each online auction sale.

Come to our auctions
Anyone may attend our auctions. We conduct auctions on site as well as in our facility. You may look at our merchandise during the scheduled preview times that will be posted for each auction. We do not charge you to register for a bid card. You do not have to place bids on this website to attend our auctions.

Bidderone Internet bidding

What it is
With the exception of Internet only auctions, our Internet bidding is essentially an absentee bidding system for our live auctions.
How it works
You enter your bid and your maximum bid for each item on which you wish to bid.
When it closes
The Internet bidding closes shortly before the live auction begins.
How your bids are implemented
If the live crowd does not initiate bidding, we begin the bidding at the winning bid and bid for you against the crowd up to your maximum bid.
How ties are addressed
It is important to know that no preference is given to the absentee, Internet bidder's maximum bid as compared to the live crowd's maximum bid. We bid as if we were you and can't exceed your maximum bid if someone in the crowd has the bid at your maximum. For example, if we are bidding absentee for a buyer who has a winning Internet bid of $150 and a maximum of $200 on an item, we will initiate the bidding at $150. If a live bidder bids against the absentee, we will bid up to the highest increment that is at or below the absentee maximum. In other words, the absentee could bid $190 and the live bidder could bid $200. Since the next increment is $210 we could not bid for the absentee and thus the live bidder would win the item for $200.
What to do if you bid on this site and come to the auction
If an Internet bidder attends the auction, his Internet bid will stand and we will still bid for him. However, while we will stop at his maximum, he may choose to continue bidding beyond that point.
What to do if pictures and descriptions do not match
If there is a discrepancy between an item's description and its picture, bids must be placed and will stand based on the description.
What having the top bid at close means
Having the winning Internet bid before the auction does not guarantee that you will win the item if it sells for that price. We strive to implement Internet bids effectively, but we can make no absolute guarantees.
Whom to address with problems
Problems with or questions about Internet bidding should be addressed to bo@bidderone.com .
Should an issue arise with the availability of our server that affects everyone's ability to bid, bidding will resume once the issues have been addressed. Information will be posted as soon as possible after any problems arise that will detail the resumption of bidding and the new closing time which will be determined.

REGISTRATION: All information provided by bidder during the registration process must be current, complete, and accurate. Bidders must be 18 years of age or older. Bidder's must provide a valid credit card in the Bidder's name. L.W. Benton Company, Inc., at its sole discretion, may deny registration to any person or entity.

BUYER'S PREMIUM: Unless a specific auction states otherwise, a 10% buyer's premium will be charged on all items and lots. Every bidder pays the same buyer's premium and should bid accordingly. For example, if you bid $100 on an item at the auction you will be charged $110 for the item on your auction invoice.

AGREEMENT TO TERMS: Access and use of any online auction site of L.W. Benton Company, Inc. (the 'Site') is subject to all specific terms and conditions set forth on any individual page within the Site and the terms and conditions of this User Agreement and all applicable laws and regulations, including but not limited to copyright and trademark laws. BY ACCESSING THIS SITE, YOU AGREE TO ACCEPT, WITHOUT LIMITATION OR QUALIFICATION, ALL OF THE TERMS AND CONDITIONS OF THE SITE USER AGREEMENT and to comply with all applicable laws, statutes, ordinances and regulations regarding your use of the Site. L.W. Benton Company, Inc. reserves the right to change the terms and conditions of the User Site Agreement from time to time, and it is the Bidder's responsibility to review any and all changes made to these terms and conditions prior to each use of the Site. By using the Site, you agree in advance to accept any such changes.

PAYMENT: Buyer will receive an invoice via electronic mail after the close of the auction. Payment for purchases must be made by cashier's check, money order, MasterCard, Visa, or Discover, unless otherwise noted in a specific auction's terms and conditions. Any item or lot not paid for in full within four days of the online auction item or lot's closing date may be charged to the credit card on file for your bidder number, or resold at the discretion of Owner/Seller or L.W. Benton Company, Inc..

SALES TAX: All sales are subject to appropriate state Sales Tax laws. If Bidder claims an exemption from sales tax, it is the Bidder's responsibility to provide the appropriate resale or exemption certificate for each auction at which the Bidder makes a purchase.

ITEM DESCRIPTIONS: The descriptions of items or lots appearing in the auction and in advertising are believed to be correct. Nevertheless, neither those descriptions nor any oral statements made by Owner/Seller or L.W. Benton Company, Inc., concerning any items or lots shall be construed as a warranty either express or implied. ITEMS AND LOTS ARE SOLD AS IS - WHERE IS and WITH ALL FAULTS. Bidder acknowledges that all items and lots were available for inspection prior to the auction and, by these terms, L.W. Benton Company, Inc. and Owner/Seller strongly encouraged Bidder to carefully inspect each item or lot to determine the nature, quality, condition, quantity and size of the item or lot. Bidder relied solely on personal inspection and not on information listed on the Site or otherwise provided by L.W. Benton Company, Inc. or Owner/Seller. ALL WARRANTIES, EITHER EXPRESSED OR IMPLIED, ARE SPECIFICALLY EXCLUDED from this sale and transaction and shall NOT apply to the merchandise that is the subject of these sales. L.W. Benton Company, Inc. does not have control over the items or lots that are posted in the Site, and cannot guarantee the authenticity and quality of said product. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights which vary from state to state.

WITHDRAWAL OF ITEMS: From time to time, it may become necessary to withdraw items from a sale after they are listed. L.W. Benton Company, Inc. and the Owner/Seller reserve the right to do so at any time before or during the sale. The Owner/Sellers of property sold through this Site reserve the right to reject any and all bids in their sole discretion.

REMOVAL: Merchandise bid on and won becomes the full responsibility of Buyer, and Buyer assumes all risk of loss and damage to property until removed from sale premises. The date by which all merchandise must be removed from the premises is posted on an auction-by-auction basis, on the specific auction page. After the final removal date, there will be a $25.00 per day, per item or lot storage fee charged to the Buyer. If merchandise is not removed within ten days after the final removal date, the ownership of the merchandise will revert back to the original Owner/Seller and the Owner/Seller may dispose of or resale the item or lot at Owner/Seller's discretion.

ADJUSTMENTS: No adjustment will be made with regard to merchandise inventory after the item is declared sold or lot has been removed from the premises or after the removal date posted by L.W. Benton Company, Inc., whether or not the property has been removed. L.W. Benton Company, Inc. reserves the right, for any reason, in its sole discretion, to terminate, change or suspend any aspect of the auction sale.

DISPUTE BETWEEN BIDDERS: The final high bidder shall be designated at the end of each item or lot. If a dispute arises between two or more Bidders, L.W. Benton Company, Inc. reserves the right to reopen bidding at the auctioneers sole descretion. L.W. Benton Company, Inc. designation of the Buyer shall be final.

INDEMNITY: Bidder accepts responsibility for and agrees to indemnify, defend and hold harmless each Owner/Seller and L.W. Benton Company, Inc. and their employees, governing body, officers, owners, affiliates, subsidiaries, directors, agents and representatives from and against any and all claims, losses, damages, liabilities, judgments, fees, costs and expenses (including reasonable attorneys' fees and expenses) related to, arising from or associated with Buyer's, his agents or representatives, use of the Site, including but not limited to personal injuries or property damage incurred on the sale premises or during removal and transport of any auction items or lots, and arising out of, based upon, or resulting from any breach or violation by Bidder of this Site User Agreement or any use by Bidder of the Site or as a result of a dispute with another Bidder.

TERMINATION OF AGREEMENT: This Site User Agreement constitutes a binding agreement between Bidder and L.W. Benton Company, Inc. until terminated by L.W. Benton Company, Inc.. L.W. Benton Company, Inc. may terminate this agreement at any time, without notice, in L.W. Benton Company's, sole discretion. If Bidder dissatisfaction occurs with the auction sale in any way, Bidder's only recourse is to immediately discontinue use of the auction Site. L.W. Benton Company, Inc. reserves the right to terminate Bidder registration and use of the auction Site, and impose limits on certain features of the auction Site or restrict Bidder's access to, or use of, part or the entire Site without notice or penalty.

INTERRUPTION OF SERVICE: L.W. Benton Company, Inc. cannot, and will not, be held responsible for any interruption in service, errors, and/or omissions, caused by any means and does not guarantee continual, uninterrupted or error free service or use of the Site. Bidder acknowledges that this auction is conducted electronically and relies on hardware and software that may malfunction without warning. L.W. Benton Company, Inc., in its sole discretion, may void any sale, temporarily suspend bidding and re-sell any items or lots that were affected by any malfunction. The decision of L.W. Benton Company, Inc. is final.

PRIVACY: L.W. Benton Company, Inc. gathers information about Bidders and Owner/Sellers for the purposes of conducting online auctions. L.W. Benton Company, Inc. does not sell or rent this information. L.W. Benton Company, Inc. uses electronic mail mailing lists to notify its customers about online and live auctions. If you are receiving a particular mailing and wish to discontinue receiving future mailings, simply forward the received e-mail to L.W. Benton Company, Inc. to have your name promptly removed from our list.

BID IS A CONTRACT: As a Bidder, placing a bid is a binding contract between you and the Owner/Seller and the bid cannot be retracted. Once you place a bid, and if you win, you will be obligated to buy the product at the said price you indicated as your bid. Placing a bid on this Site, and winning, then not paying for the product is illegal in most states, and prosecution can result. The Owner/Sellers of property sold through this Site reserve the right to reject any and all bids, in their sole discretion.

NO WARRANTY ON SITE USAGE: You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content from the Site without prior, express written permission of L.W. Benton Company, Inc.. THE SITE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPOSED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights which vary from state to state. No legal advice is intended or implied by anything contained within the Site. No obligation, liability, responsibility, accountability or burden is undertaken, assumed or otherwise imposed by maintaining the Site.

USER AGREEMENT CONSTRUED UNDER GEORGIA LAW: The Site User Agreement and any disputes arising out of or related to the Site shall be governed by and construed and enforced in accordance with, the laws of the State of Georgia applicable to contracts entered into and to be performed entirely within the State of Georgia. If any provision of this Site User Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Failure to act with respect to a breach by you or others does not waive the right to act with respect to subsequent or similar breaches. This Site User Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof

Inventory limitations
Items not listing a final price after the auction results are uploaded sold for more than the Internet bid to the live crowd and were not tracked by the inventory control number.

All announcements made the day of the sale take precedence over any printed material and this website