EXCELLENT BYRON / POWERSVILLE ESTATE & MARBLE AUCTION

TERMS: By registering to bid on the internet, you acknowledge that you have read &amp; understand the terms and conditions for each auction and/or auction item, and you agree to abide by all terms and conditions for each auction and/or auction item.<br>
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PAYMENT: ONLY Visa, MasterCard, Discover, or American Express payments. A 13% Buyers Premium will apply to all purchases in this auction. Local Georgia Sales Tax will apply to each item. Dealers buying for resale may be exempt from paying sales tax if the dealer has a sales tax number and a signed tax exemption form with our main office, and if that sales tax number has been entered by the dealer IN THE BUYER'S PROFILE BEFORE BIDDING. Any other specific payment arrangements would have to be approved by L.W. Benton Company PRIOR to bidding. Payment will be automatically made using the card with which the buyer registers. Upon receipt of payment in full, the purchaser will receive a paid invoice by email which must be presented at time of pick up. <br>
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INSPECTION: Property is being sold from the location of the seller. Location, Date and Time for inspections will be posted on the Auction Catalog. Buyers understand they view property at their own risk and L.W. Benton Co, its representatives, nor the Seller or their representatives are responsible for accidents or damage to personal property during any inspection.<br>
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CONDITION OF PROPERTY: Any and all information regarding the condition of property is derived from sources believed to be true and accurate, but none is guaranteed by the Seller or L.W. Benton Company, Inc.. It is the sole responsibility of the Bidder to verify any and all lot information (including condition) in person during the posted inspection times for this auction. <br>
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AUCTION CLOSING TIME: Internet bidding closes at 9:00 PM. Please note that there is a 5 minute auto-extend to all of our auctions. For example, if the auction is scheduled to close at 9:00 PM and someone places a bid at 8:59, the system will auto extend 5 minutes to give the previous bidders time to bid again. This will continue until there are no more bids in a 5 minute period.<br>
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BID RETRACTION: By placing a bid, buyer and all other bidders acknowledge all terms of the auction and agree not to retract the bid. If a bidder cannot satisfy the terms of the auction, the bidder should not bid. Once a bid is placed, LWBC cannot remove the bid from the online bidding system. Please be sure of your bids before placing them in our system.<br>
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PICK UP OF ITEMS: At the completion of the auction, successful bidders will be emailed an invoice with pickup instructions. In this auction, because the card with which you registered will automatically be charged, your invoice should be paid when you arrive for pickup unless there was a problem with your card. Winning bidders must make payment in full or approved payment arrangements within 48 hours after the close of the auction if there is a problem with the registered card. Sellers cannot accept payment. L.W. Benton Company Inc. and/or Sellers are in no way responsible for pick-up, delivery, or assisting in loading out of property as this is the sole responsibility of the successful bidder. It is the successful bidder's responsibility to remove property within the posted pickup times for this auction. In the event that a Seller or representative of L.W. Benton Company agrees to assist in the load out of purchased lots, Buyers understand that neither the Seller, L.W. Benton Company nor its representatives are responsible for any damage to the Buyer's property of any kind. FIREARMS BIDDERS, PLEASE SEE FIREARMS SECTION BELOW FOR SEPARATE PICKUP INSTRUCTIONS!<br>
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SHIPPING: IF BUYER MAKES ARRANGEMENTS IN ADVANCE, we will be glad to transfer small items to THE UPS STORE LOCATED AT 3780 NORTHSIDE DR, STE 140, MACON, GA 31210 - TELEPHONE 478-474-8847. This shipping business will contact you for pricing and payment arrangements for the shipping of your items. A sample list of packing fees from this shipping business cab be seen in the second picture of Lot C of this auction. If you need items moved to another local location (including our warehouse, when space is available), you will need to call 404-978-2249 to verify that the items can be moved and get a quote for moving the items PRIOR to bidding. FIREARMS BIDDERS, PLEASE SEE FIREARMS SECTION BELOW FOR SEPARATE SHIPPING INSTRUCTIONS!<br>
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ITEMS NOT REMOVED DURING POSTED PICK UP TIMES: If items are not timely removed as required above, a $10.00 handling and storage fee will be assessed per auction lot, per day. If arrangements have not been made to remove items by the end of the last posted pickup day after the auction closing time, items may be considered abandoned property, even if paid, with all of the buyer's rights and interests in the property extinguished with no refunds owed or offered to the buyer. The seller reserves the right to resell these items to backup bidders and hold the original bidder liable for resulting losses to the seller. L.W. Benton Company, Inc. and/or the seller reserve the right to pursue all legal remedies.<br>
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FIREARM TERMS: As a Federally Licensed Firearms Dealer, L.W. Benton Company (LWBC) is required to ensure that bidders who purchase a firearm are legally allowed to do so through a FBI NICS background check. If a bidder doubts his or her ability to pass a NICS check, it is highly recommended that he or she NOT BID on a firearm. High bidders must take possession of purchased firearms in person at LWBC's Macon facility or at another Federal Firearms Licensed (FFL) location. High bidders will be required to pay the full amount due on their firearm BEFORE the NICS check is run. In the event that a high bidder fails the NICS check, he or she will not be allowed to have the firearm transferred to their possession, nor can it be transferred to another individual. Instead, LWBC will hold the firearms, at their discretion, until the next suitable opportunity to auction or sell the firearms. High bidders who fail the NICS check will be charged a Thirty-Dollar ($30) re-stocking fee per firearm, as well as regular Seller’s fees when the firearm is auctioned again. These fees, as well as any others, will be deducted from the proceeds of the resale of the firearms. Any remaining proceeds will be paid to the original high bidder as though they were the consignor of the firearm. In the event that a high bidder requests to have a firearm shipped to another FFL, they must first pay the full amount due for the firearm plus any additional shipping costs prior to shipping. If the high bidder should fail his or her NCIS check by this FFL dealer, LWBC WILL NOT REFUND any portion of the purchase price or shipping costs to the high bidder. It will be the discretion of the second FFL dealer as to how he wants to dispose of the firearm. When possible, LWBC will make the effort to retake possession of the firearm and sell it again, per the terms in the paragraph above. <br>
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FIREARM BIDDERS TAKE NOTE:<br>
Firearms can only be purchased by the registered bidder, not by another individual, family member or friend. Bidders must be 18 years of age or older on the date of the close of the auction to purchase long guns or long gun ammunition. Bidders must be 21 years of ago or older on the date of the close of the auction to purchase handguns or handgun ammunition. It is the buyer's responsibility to have any firearms inspected by a certified gunsmith before firing. L.W. Benton Company, Inc. has made no attempts to test these items.<br>
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LEGAL COURSES OF ACTION: Bids are a binding offer to enter a contract and you are responsible for honoring them. Every legal remedy available will be used to ensure buyer's performance of this contract. Buyer accepts responsibility for and agrees for buyer and all of buyer's agents, representatives, successors and assigns to indemnify, defend and hold harmless sellers &amp; L.W. Benton Company, Inc., its 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 (I) the sale of the property, including, but not limited to, personal injuries or property damage incurred on the sale premises or during removal and transport of any auction item, (II) buyer's use of L.W. Benton Company, Inc.'s website and (III) a dispute with another bidder.<br>
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WARNING – EXPLANATION OF CREDIT CARD FRAUD: In order to bid online, buyers must register and create an account at our website, www.bidderone.com. The credit card will be charged upon completion of the auction for any items won plus applicable buyer's premium and sales tax. Additionally, any items which are not picked up during the posted pickup times for this sale may result in an additional charge for storage and / or shipping as per the specifics of the sale. If, when charged, it is determined that the card is not valid or does not have a sufficient balance to cover the charges, and the bidder or representatives of the bidder knowingly registered with this card, this constitutes “Credit Card Fraud” under Federal and Georgia state law, and L.W. Benton Company reserves the right to press criminal charges for such fraud, including the swearing out of an arrest warrant in the county of the bidder's residence. In addition to any criminal charges, L.W. Benton Company reserves the right to seek civil restitution.<br>
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NO ARBITRATION: Seller agrees to hold harmless the Auctioneers against any claims of the nature referred to in this contract. Venue for any controversy or claim arising from or relating to this agreement, or breach thereof, shall lie exclusively with the Magistrate or Superior Court of Jones County, Georgia. This agreement shall be interpreted in accordance with, and governed by, the laws of the State of Georgia.<br>
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DOCUMENTATION FEE ON ITEMS REQUIRING TITLE OR DOCUMENT TRANSFERS: There will be a $75 document transfer fee added to all vehicle and equipment purchases that require a title or document transfer with the State. When signatures are required to transfer the title, it is the sole responsibility of the buyer to submit the necessary signatures and information for that transfer. L.W. Benton Co, nor the Seller, will be responsible for any late fees accrued for a title transfer as the result of negligence or untimely submission of paperwork by a Buyer.<br>
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TITLE CANCELLATION: Buyers who purchase titled vehicles with the intent to scrap, salvage and/or dismantle said vehicles may be exempted from the $75 document fee by signing a letter stating their intent to do so, thus granting L.W. Benton Co. permission to request that the State cancel the current title. Upon doing so, Buyers understand that there is no remedy to this request and a title cannot be reapplied for once submitted to the state for cancellation.<br>
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BIDDER VERIFICATION: The identity of all bidders will be verified, bidding rights are provisional, and if complete verification is not possible, L.W. Benton Company, Inc. may reject the registration, and bidding activity will be terminated.<br>
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WITHDRAWAL OF ITEMS FROM THE AUCTION: L.W. Benton Company, Inc. and/or the Seller reserves the right to add or delete property, reject any bid and/or cancel the sale.<br>
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AGENCY DISCLOSURE: In all transactions, the auctioneers are acting as agents for the seller, not as buyer's agents.<br>
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DISCLAIMER: All items are sold “subject to owner confirmation” or “with reserve” unless advertised “absolute.” All information published, announced or contained herein was derived from sources believed to be true and accurate but is not guaranteed by the Seller or L.W. Benton Company. Any and all announcements made at the auction take precedence over all other verbal, printed, announced and/or distributed information. All property is being sold “as is, where is” with no guarantee or warranties. It is the Purchaser's responsibility to conduct their own due diligence and make their own decision as to the accuracy of all information.<br>
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QUESTIONS: Call our office at 478-744-0027 with questions.