Fall Consignment Auction

SPECIFIC TERMS & CONDITIONS

LIVE AUCTION with online pre-bidding and online live bidding. Pre-bids will be taken to the live auction and represented on behalf of the online bidder up to but not over their maximum bid. Online live bidding link will appear above shortly before the start of the live event.



By registering to bid on the internet for this auction, you acknowledge that you have read & 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. You further agree that you have read the general terms and conditions and terms of website use posted at www.bidderone.com under the Information heading. These terms are also available in our office or clerking trailer. Please note: At times the first 5-10 lots of the auction will include important information that will be considered a part of these terms and conditions.



Inspection: 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.



Payment: Cash, Approved Check, MasterCard, Visa, Discover and American Express. 13% Buyers Premium with a 3% discount for Cash or Check. For wire transfer instructions, please call 478-744-0027. All wire transfer fees will be the responsibility of the buyer. 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 at the time of payment. All payments must be made to L.W. Benton Company, Inc. Bidders at the live auction must pay in full by the end of the auction. Items purchased online must be paid for in full within 48 hours of the close of the auction, unless other specific payment arrangements have been agreed to and approved by L.W. Benton Company. After the specified times, L.W. Benton Company, Inc. reserves the right to charge the full purchase price, as well as any fees, to the credit card on file from the Bidder’s auction registration.



NOTE: NEW STATE TAVT TAX

For vehicles that the State of Georgia recognize and provide TAVT values for: By state law, the auction company is required to collect the TAVT tax at the time of purchase and remit to the state on behalf of the buyer.

For vehicles that the State of Georgia’s system does not recognize and does not provide a TAVT value, the TAVT will be figured at 6.75% of the sales price.



Please NOTE: On all auctions other than Federal, State or Municipality Auctions, WE DO NOT PROVIDE Georgia Vehicle Emission Inspection Reports. If a winning bidder attempts to have the vehicle registered in one of the counties, our office will not allow the registration. However the winning bidder will be responsible to pay for the vehicle. LWBC will re-run the vehicle on behalf of the winning bidder at the next available auction.



Vehicle Documentation Fee: There will be a $100 processing fee and an $18 title 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.



Other Notes: Bidders must present a valid driver’s license. The bidders registered information will be used to prepare the title. In the event you would like the title written in someone else's name, they must present their valid driver’s license. Once the title work has been completed there is a $100.00 fee to have it changed.



Vehicle Title Cancelation: Buyers who purchase titled vehicles with the intent to scrap, salvage and/or dismantle said vehicles may be exempted from the $100 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 cancelation. A $20 title cancellation fee will apply.



Seized Vehicles: Some of the vehicles in this auction may be sold by court order. LWBC will apply for a new title in the purchaser's name; however it can typically take 60-90 days or more to receive a new title for a vehicle sold by court order.



Online Bidders Item Pick-up Terms: At the completion of the auction, successful bidders will be emailed an invoice with payment instructions. Winning bidders must make payment in full or approved payment arrangements within 48 hours after the close of the auction. Payment must be made to L.W. Benton Company, Inc. , either in person at our office located at 107 Oak Valley Drive, Macon, Georgia 31217 or by wire transfer, credit card or approved check sent via overnight delivery. Sellers cannot accept payment. Payment will be accepted in the form of cash, credit card, cashier’s check, or good personal or company check. All personal or company checks are subject to approval of L.W. Benton Co., Inc. Upon receipt of payment in full the purchaser will receive an invoice marked “Paid”, which must be presented at time of pick up. 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 bidders’ responsibility to remove property within the pickup dates specified. No items may be picked up without an original invoice from L.W. Benton Company, Inc. marked ‘PAID.’



Live Bidders Item Pick-up Terms: At the completion of the auction, successful bidders will be required to make full payment by the end of the auction. Payment must be made to L.W. Benton Company, Inc. , either in person at the auction site or by wire transfer, credit card or approved check. Sellers cannot accept payment. All personal or company checks are subject to approval of L.W. Benton Co., Inc. Upon receipt of payment in full the purchaser will receive an invoice marked “Paid”, which must be presented at time of pick up. 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 bidders’ responsibility to remove property within the pickup dates specified. No items may be picked up without an original invoice from L.W. Benton Company, Inc. marked ‘PAID.’



Pick-up times are subject to normal operating hours of the auction facility or location of the seller. In most government cases, this is limited to Monday thru Thursday, with varying times, excluding holidays; however Sellers can provide specific days and times. It is recommended that winning bidders ALWAYS call to arrange pick-up to avoid arriving after hours or when Seller is not available. 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 Buyers property of any kind.



Penalties: Purchases not picked in accordance with the removal terms will be forfeit and resold to cover storage fees with no credit given to the original buyer. Buyers accounts will then be turned over to a collection agency for any delinquencies and storage fees yet unpaid.



Shipping: L.W. Benton Company, nor its Sellers, offer shipping on auction items; however, L.W. Benton Company may be able to assist buyers in locating and securing shipping means when necessary, although this may incur additional costs depending on the circumstances. Any and all shipping costs are the sole responsibility of the buyer.



Condition of Property: All Vehicles sold as-is with no warrantee or guarantees. Please note that we have not made any attempts to test any items. Items may be missing parts including but not limited to keys. All bidders, including buyer, should rely solely on personal inspection and not information listed in these items, on the website, or otherwise provided by L.W. Benton Company, Inc. or seller. Any bidder's failure to inspect, or otherwise be fully informed as to the nature, quality, condition, quantity, and size of any items will not constitute grounds for any claim, adjustment, refund, termination of the Auction Contract, or refusal to close the sale. Please note that L.W. Benton Company, nor the seller will be responsible for any emissions certification. It is the sole responsibility & risk of the buyer whether or not a vehicle can or will pass emissions inspections.



Auction Company nor its employees, contract labor or anyone else associated with the auction company can be held liable for any incorrect information provided whether verbal, implied, or announced on the stand. Buyer is responsible for verifying all information for themselves and bidding accordingly. If you are unsure of what you are bidding, DO NOT BID.



‘IF’ or ‘Call’ SALES

If the seller announces that the vehicle will be sold on an 'IF' or ‘Call’ basis after the bidding concludes, the Buyer may reject the sale at the block or accept the 'IF' sale and be obligated to purchase the vehicle for 24 hours following the time of the sale. It is the Buyer's responsibility to verify any 'IF' sale resolution. Any 'IF' sale approved within the time limits will be considered a sale regardless of whether the Buyer has received notification within the time frame.



Any and all information regarding the condition of property is derived from sources believed to be true and accurate but is not guaranteed by the Seller or L.W. Benton Company. It is the sole responsibility of the Bidder to verify any and all information. Definition of ‘Runs and Drives’: This description means a vehicle or piece of equipment should crank either on its own power or with the assistance of a new battery, jump box or jumper cables and move under its own power. It is not inferred to mean anything further. Definition of good engine and/or good transmission: This description means that while a vehicle may not run and drive for various mechanical reasons, the engine and/or transmission in the vehicle is believed to operate properly and be in good working order. L.W. Benton Company urges Bidders to thoroughly inspect all fluids before attempting to operate any vehicle or equipment. Odometers and Hour Meters: Any odometer or hour meter information listed is simply the current reading of the meter. L.W. Benton Company has made no effort to verify these meters and lists them solely for informational purposes. Municipality Logos: Government logos or designations that appear on vehicles in photos may be removed or painted over partially or in full at the Sellers’ discretion.



Auction Bid Default: If the winning bidder's credit card information is on file with L.W. Benton Company, Inc., that card can be charged for the total purchase price plus one $25 late payment fee if payment is not otherwise made or arranged within 48 hours of the close of the auction. If no credit card information is on file or if the information is insufficient or outdated, a $25 late payment fee will be assessed for each partial or full day beyond the payment deadline for which payment is not made. 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 an item is not removed within ten (10) days after the auction, the item can be considered abandoned property, 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 sell 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.



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 & L.W. Benton Company, Inc., 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 (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.



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.



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 is not charged and successful bidders are not required to pay by credit card. However, in the event that a buyer does not make payment arrangements within the specified time or attempts to back-out of the sale by not paying for their items, L.W. Benton Company reserves the right to charge the amount due, plus any sales tax, buyers fees and/or late fees and/or non-payment penalties to the account’s registered card. If, at that time, 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 as well.



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. If you are unsure of what you are doing or bidding on – DO NOT BID!



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.



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.



This Auction complies with all state, local and federal laws. All dealers must be licensed by their state and registered with this auction prior to doing business.



Agency Disclosure: In all transactions, the auctioneers are acting as agents for the seller, not as buyer’s agents.



Software and Server Technical Issues: In the event there are technical difficulties related to the server, software or any other online auction-related technologies, L.W. Benton Company Inc., reserves the right at its sole discretion to extend bidding, continue the bidding, or close the bidding. THE COMPANY PROVIDING THE SOFTWARE nor L.W. Benton Company, Inc. WILL BE HELD RESPONSIBLE FOR A MISSED BID OR THE FAILURE OF THE SOFTWARE TO FUNCTION PROPERLY FOR ANY REASON. Email notifications are sent to registered bidders with updated information as deemed necessary by L.W. Benton Company, Inc.



Disclaimer: All items are sold subject to owner confirmation or with reserve unless advertised absolute. All bids shall be deemed pending until duly accepted by the auctioneer. 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. At Auctions with reserves, the Seller and their agents reserve the right to place bids on the property up to the seller’s reserve, if desired, at their sole discretion. On all other auctions, auctioneer reserves the right to bid on auctioneers behalf when permitted by law. The auctioneer has the sole discretion to advance the bidding and may reject any and all bids which, in the auctioneer's sole discretion, do not advance and/or are injurious to the auction, including but not limited to nominal, suspicious and/or suspect advances. The auctioneer shall have sole discretion in deciding the successful bidder in the event of a bidding dispute. Auctioneer's determination of the successful bidder shall be the final determination of the successful bidder. 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. Time shall be of the essence. The successful purchaser agrees to pay any and all reasonable attorney’s fees and costs incurred by the auction company, the seller and/or their servants, agents or employees in the commencement or defense of any actions hereunder as well as in the collection of any obligations hereunder. BIDDERS SHOULD NOT BID IF THEY ARE UNSURE WHAT THEY ARE BIDDING ON OR HAVE NOT INSPECTED THE ITEMS.