General Terms & Conditions
ACKNOWLEDGEMENT: By registering to bid on the internet and placing bids on auction items, you acknowledge that you have read and understand the Terms of Website Use, General Terms and Conditions and the Specific 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. The Terms of Website Use and the General Terms and Conditions can be found at www.bidderone.com
If you have not read and fully understood the all of these terms and conditions referenced above, Do Not Bid! Please call our office at 478-744-0027 or email [email protected] with any questions prior to bidding.
Please Note: Your account information and credit card will be be validated before your full bidding registration will be completed. Online bidders will not be approved until the credit card on file is validated. The credit card you registered with will have an refundable authorization of $1 placed on the card from MarkNet Alliance. This authoriztion will drop off you account within a few days if not immediately. Please note that for debit cards this $1 authorization could take up to 7-10 days to be released back to your account. Due to the increase in credit card fraud, identity theft etc.. these are measures that are being put in to place for the seller, buyer and auction company’s protection. Please call our office if you have any questions regarding this new policy. 478-744-0027.
SOLD “AS-IS, WHERE IS”: L.W. BENTON COMPANY, INC. (“L.W. BENTON COMPANY”) AND SELLER FURNISH ALL AUCTION ASSETS TO BUYERS “AS IS,” UNSUPPORTED, WITHOUT WARRANTY OF ANY KIND. L.W. BENTON COMPANY AND SELLER DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Assets are sold in their actual current condition, with all faults and defects, and with all errors of description.
Bidders accept all auction assets “with all faults”, whether or not immediately apparent. Bidders are responsible for ascertaining actual current condition through personal inspection and careful review of the description, pictures, video and/or support documentation. Every bidder agrees that his or her decision to bid and the amount he or she bids have been based solely on his or her own independent inspection and evaluation of the auction assets. Bidders are strongly advised by L.W. BENTON COMPANY to take care to satisfy all questions or concerns about the auction process, bidding process or auction assets before placing a bid. Inspection and contact information of every auction and/or auction items is posted in the specific terms and conditions.
Buyers are responsible for the cost of auction asset mobilization, disassembly, rigging, transport, insurance and all other costs related to physical transfer of auction assets from the location at the time auction bidding ends.
BUYER’S PREMIUM: A 10% buyer’s premium will be added to all winning bids, resulting in the total purchase price. Please Note this buyer’s premium applies to all L.W. BENTON COMPANY auctions unless specified in the specific terms for a particular auction. (for example, our weekly auto auction has a sliding scale fee structure, which can be found under the terms and conditions for the auto auction.)
SALES TAX: All sales are subject to appropriate state sales tax laws. Winning bidders have the burden of proving their exemption from sales taxes to L.W. BENTON COMPANY
ASSET TRANSFER AND RISK OF LOSS POST-AUCTION : Assets will not be released to buyers until full payment to L.W. BENTON COMPANY has been received and funds confirmed. An auction asset becomes the full responsibility of the buyer at the close of bidding on that asset, and the buyer immediately assumes all risk of loss and damage to the asset.
AUCTIONEER’S DISCRETION: L.W. BENTON COMPANY has full discretion to modify the date and time, order, and details of the sale of any asset or conduct of any auction for any reason or no reason at all, including but not limited to technical issues, emergencies, and convenience of L.W. BENTON COMPANY or the seller.
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 Cmpany 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.
LEGAL COURSES OF ACTION: Bids are a binding offer to enter into a contract to purchase items from L.W. Benton Company, Inc. (LWBC) and/or Sellers; 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.
WARNING - EXPLANATION OF CREDIT CARD FRAUD: In order to bid online, buyers must register and create an account at our website, www.BidderOne.com, and agree to the terms and conditions of the auction prior to being permitted to placing any bids. The registration process requires a valid credit card account in which the registered bidder is an authorized user. 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, such action constitutes “Credit Card Fraud” under Federal and Georgia state law. 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 verify the accuracy of your bids before placing them in our system. Bidder’s should also guard their account log-in and password information as any bid placed on a bidder’s account is an agreement to purchase by the account’s registered individual, whether someone else improperly used the account with or without the registered account holder’s knowledge. See Terms of Website Use for more details
PAYMENT: For buyers attending the auction, payment must be made the day of the sale before removing any merchandise from the premises. Buyers who do not pay the day of the auction will be charged a $25 or 3% service fee per day, whichever is greater, for not paying and will be billed immediately. Payment must be made in the form of cash, cashiers check, official check, personal check along with bank letter of credit or wire transfer. We also accept MasterCard, Visa, Discover, and American Express however an additional 3% will be added to the buyer’s premium, bringing your Buyer’s premium to 13%.
For internet purchases full payment will be charged to the credit card on file unless buyer notifies auctioneer of preferred alternate payment method. This payment must be received no later than 48 hours after the Auction. If payment has not been received within the 48 hour time period, LWBC will charge the credit card on file without notice to the card holder. Items may not be picked up until full payment is made.
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.
Please note live online bidding through third party venders may incur additional charges. Please be sure to review the specific terms and conditions for additional rates for these auctions.
ONLINE BIDDING: Online Bidding, whether for an online only auction or online pre-bidding for a live auction, has an auto extend feature. Any bid placed within 5 minutes of the auction ending will automatically extend the auction for 5 minutes from the time the bid is placed. Example: If an auction item scheduled to end at 10:00 a.m. receives a bid at 9:59 a.m., the close time of that particular auction item automatically extends 5 minutes to give the previous bidder time to bid again. The auto-extend feature remains active until no further bids are received within the extended 5-minute time frame. This feature aids in preventing “sniping” as commonly used in other online auction sites and creates the excitement of a “virtual” live auction.
INSPECTION: Property may be sold from various locations throughout Georgia and inspection contacts and locations will be posted for each auction and/or auction item. Please pay close attention to property’s location and any strict times for preview and pickup. 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 persons or personal property during any inspection.
CONDITION OF PROPERTY: 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. Any statements outside of general description of an item are the sole opinion of the auctioneer and/or seller. Please note the items have not been inspected by an expert and L.W. Benton Company, Inc., its agents or the seller shall be held responsible for any incorrect statements. These statements are provided with the best of intentions as additional information to the potential buyer. Please note that we have made no attempts to test any items. The bidder is responsible for inspecting the items themselves. Items may be missing parts including but not limited to keys. Examples of statements Definition of “Runs and Drives”: This description may mean that 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. Buyers should not assume that a vehicle described in this way is safe or capable of being driven on the open road without prior mechanical inspection first. L.W. Benton Company urges Bidders to thoroughly inspect all fluids before attempting to operate any vehicle or equipment. 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. 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 prior to the close of the auction and/or pickup.
TITLE PROCESSING FEES: There will be a $100 processing fee and an $18 Title transfer fee added to all vehicle and equipment purchases that require a title or document transfer with the State of Georgia for Georgia-based buyers. 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. If drive-out tags are not picked up in person at our Macon office, they will be mailed to buyers via first-class mail. Additional delivery or over-night delivery charges are the sole responsibility of the buyer.
In the event that a vehicle or equipment is sold by “court order” in lieu of title, LWBC will apply for a new title in the purchaser’s name; however, Bidders should note it can typically take the State of Georgia 120-days or more to process that transfer and the new title to be mailed to the purchaser.
TITLE CANCELATION: Buyers who purchase titled vehicles with the intent to scrap, salvage and/or dismantle said vehicles are subject to a $20 title cancelation fee in lieu of 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.
CATALOG/PHOTOGRAPH DISCREPANCIES: Bidders are bidding on lot and auction item descriptions, not item photographs. In the event that the wrong photo may be displayed, bidders should read the entire item description and bid accordingly. For demonstration purposes or photographs, various auction items or separate lots may be joined or photographed together. Bidders should not assume a lot consists of more than one item simply because they are connected or pictured together. Please inspect all lot numbers and descriptions in full.
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.
BIDDERS TAKE NOTE: 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 used firearms inspected by a certified gunsmith before firing. L.W. Benton Company, Inc. has made no attempts to test these items.
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 $30 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 $30 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 in the specific terms and conditions for the auction and/or auction item, a $10.00 handling and storage fee will be assessed per auction lot, per day. If an item is not removed within the time specified after the close of 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.
PICK-UP OF ITEMS: 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. 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 in Full”, 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 – this includes, but is not limited to, any necessary equipment or additional persons needed to load and/or move the item. It is the successful bidders’ responsibility to remove the property within the time specified for that auction and/or auction item. No items may be picked up without an original invoice from L.W. Benton Company, Inc. marked “PAID in Full.” Pick-up times will be specified for each auction and/or auction item. It is recommended that winning bidders ALWAYS call to arrange pick-up to avoid arriving after hours or when Seller is not available.
SHIPPING: L.W. Benton Company, nor its Sellers, offer shipping on auction items; however, L.W. Benton Company will make every effort 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.
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.
AGENCY DISCLOSURE: In all transactions, the auctioneers are acting as agents for the seller, not as buyer’s agents. L.W. Benton Company, Inc. reserves the right to bid on behalf of absentee bidders, online bidders and/or sellers up to but not over their max bids or reserve amounts.
DISCLAIMER: All items are sold “subject to owner confirmation” or “with reserve” unless advertised “absolute.” 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. 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 or during 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. L.W. Benton Company shall not be held responsible for any “missed” bids, bids unseen by the auctioneer or online bids not facilitated before the auctioneer declares the items sold.