Sporting Goods Overstock/Returns/Discontinued Items - Online Auction - Part 1

Terms & Conditions of Sale

This is an online only auction. There will be no live event for this auction.
15% Buyer Premium - Credit Card Only Auction (cards will be processed at the close of the auction)

By registering to bid on the internet for this auction, you acknowledge that you have read & understand the terms and conditions for the auction andor auction item, and you agree to abide by all terms and conditions for the auction andor 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.

Inspection: Location, Date and Time for inspections will be posted in the Auction Listing andor under a lot in the Auction Catalog. We highly encourage all bidders to inspect the items prior to bidding on our site. If you are unsure of what you are bidding on, we recommend you not bid. 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.

DYNAMIC AUCTION CLOSING TIME: The lots in this auction will close in staggered groups of 50 lots, with each addition group of 50 lots closing in 5 minute intervals. Please note that there is also a 5 minute auto-extend for each lot in all of our auctions. For example, if a lot in the auction is scheduled to close at 2:00 PM and someone places a bid at 1:59, the system will auto extend 5 minutes to give the previous bidders time to bid again. The auto-extend feature remains active until no further bids are received within the 5 minute time frame.

Payment: PLEASE NOTE THIS AUCTION IS CREDIT CARD ONLY - MasterCard, Visa, Discover and American Express. 15% Buyers Premium will apply to all purchases. 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 registered online. That dealer will also be required to provide a signed tax exemption form at the time of pickup or sales tax will be charged. If purchases are not settled within 3 business days of the close of the auction, it is in default. Upon default the bidder will be black listed on L.W. Benton Company's auctions as well as MarkNet auctions and will be charged for the merchandise. Defaulted items will be forfeited back to the owner or L.W. Benton Company.

Pick-up of Items: At the completion of the auction, the credit card on file for each successful bidder will be run for the full amount due. 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. andor 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 pick up dates specified. No items may be picked up without an invoice from L.W. Benton Company, Inc. marked “PAID.”

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: 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: Please note that we have not made any attempts to test any items. Items may be, including but not limited to, missing parts, damaged or in non-operable condition. 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.

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.

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 $100 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 time specified 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. andor 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 andor late fees andor 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.

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. andor the Seller reserves the right to add or delete property, reject any bid andor cancel the sale.

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

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. 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, unless selling absolute. Any and all announcements made at the auction take precedence over all other verbal, printed, announced andor 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.

Questions: Call our office at 478-744-0027 with questions.
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