Seized Vehicle, Bank Repo, and Equipment Consignment Auction

Terms &amp; Conditions<br>
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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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Live Auction and Pre-Bidding Through www.bidderone.com:<br>
For all cash or check purchases, a 10% buyer's premium will be added to the<br>
bid to establish the final price. For example, a bid of $100 will be assessed a $10 buyer's premium, creating a contract price of $110 plus sales tax.<br>
A 13% buyer's premium will be charged for all Credit Card Purchases made at the live auction or through www.bidderone.com online pre-bidding system.<br>
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Live Online Bidding Through ProxiBid.com:<br>
For all cash or check purchases, a 13% buyer's premium will be added to the<br>
bid to establish the final price. For example, a bid of $100 will be assessed a $13 buyer's premium, creating a contract price of $113 plus sales tax.<br>
A 16% buyer's premium will be charged for all Credit Card Purchases made through proxibid.com. You must register with www.proxibid.com to bid live through that system.<br>
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Please Note:<br>
Online pre-bidding will end on Friday night at 10PM. Winning bids will be represented on behalf of the online bidder at the live auction up to but not over the online bidders max bids. There are no additional fees for the use of our online pre-bidding system.<br>
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Online live bidding will be available through proxibid.com on the day of the auction. You will need to register with proxibid.com and please note that there is an additional 3% fee added for the use of the proxibid systems. <br>
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Documentation Fee: There will be a $25 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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Seized Vehicles: Some of the vehicles in this auction are being sold by court order. LWBC will apply for a new title in the purchaser’s name; however it can typically take 60 days or more to receive a new title for a vehicle sold by court order. <br>
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Title Cancelation: Buyers who purchase titled vehicles with the intent to scrap, salvage and/or dismantle said vehicles may be exempted from the $25 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 canceled.<br>
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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. 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 twelve business days. No items may be picked up without an original invoice from L.W. Benton Company, Inc. marked “PAID.” 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. <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. <br>
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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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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. <br>
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Legal courses of action<br>
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auction terms<br>
Buyer's premium<br>
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For all cash or check purchases, a 10% buyer's premium will be added to the<br>
bid to establish the final price. For example, a bid of $100 will be assessed a $10 buyer's premium, creating a contract price of $110 plus sales tax.<br>
A 13% buyer's premium will be charged for all Credit Card Purchases<br>
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Legal courses of action<br>
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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<br>
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., 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<br>
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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Arbitration<br>
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For disputes between buyer and seller or L.W. Benton Company, Inc., that are not resolved by the parties within ten days after any party gives notice to the others of its desire to arbitrate the dispute, the dispute shall be settled by binding arbitration by the American Arbitration Association in accord with its then-prevailing rules. Such arbitration shall be conducted in Macon, Georgia. Judgment upon the arbitration award may be entered in any court having jurisdiction. The arbitrator shall have no power to change the provisions of this agreement. The arbitrator shall consist of one arbitrator, who must be a real estate attorney actively engaged in the practice of law for at least the last five years.<br>
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Bid rejection<br>
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L.W. Benton Company, Inc. reserve the right to reject any and all bids from any bidder.<br>
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Bid retraction<br>
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By placing a bid, buyer and all other bidders acknowledge all terms of the auction and agree not to retract the<br>
bid. If a bidder cannot satisfy the terms of the auction, the bidder should not bid.<br>
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Assessment of condition<br>
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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.<br>
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Penalties<br>
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.<br>
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Payment information<br>
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. 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%.<br>
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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 4:00pm EDT the following business day after the Auction. Items may not be picked up until full payment is made. Items can be picked up<br>
on the day of the auction or Friday following the auction from 10am - 3pm.<br>
Other available pick up times and dates to be announced at the Auction.<br>
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Item removal information<br>
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Merchandise must be removed immediately after the auction unless arrangements are made or items were won by the Internet bidding system. Internet purchases MUST be picked up after having paid as described above.<br>
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Shipping<br>
No shipping is available for these items unless prior arrangements are made with the auction company.<br>
Purchaser is responsible for loading all<br>
items.<br>
Items must be removed the day of the auction, unless special arrangements<br>
have been made with the Auctioneer. Any item left will be at right of removal by auctioneer.<br>
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Questions<br>
Please call L.W. Benton Co. at 478.744.0027 for more information. Problems with or questions about Internet bidding should be directed to [email protected].<br>
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Note<br>
Please note that we have not made any 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. The Baja Motorsports are returns, overstocks, or display models. It is our recommendation to inspect these items prior to bidding online or at the live auction.<br>
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If you have any question about a specific item, please call us at 478-744-0027.come!