By registering to bid on the internet for this auction, you acknowledge that you have read and 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.
All items sold "Subject to Owner Confirmation"
10% Buyers Premium
Any taxes, transfer fees etc.. will be at the cost of the buyer
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, Breco Benton Auction, its representatives, nor the Seller or their representatives are responsible for accidents or damage to personal property during any inspection.
End Times: Please note that our Online Only Auctions have an auto extend feature which is normally 3 or 5 minutes but can vary from auction to auction. For example, any bid placed within 5 minutes of the auction ending will automatically extend the auction for 5 minutes for that item. Example: If an auction scheduled to end at 10:00 a.m. receives a bid at 9:59 a.m., the auction will automatically extend 5 minutes to allow the previous bidder time to bid. The auto-extend feature remains active until no further bids are received within the 5 minute time frame.
Payment: Wire Transfer. 10% Buyers Premium. For wire transfer instructions, please call 706-342-3355. Local Georgia Sales Tax will apply if applicable. 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 Breco Benton Auction, LLC. Purchased items 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 Breco Benton Auction, LLC.
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.
Condition of Property: Please note that we have not made any attempts to test any items. All bidders, including buyer, should rely solely on personal inspection and not information listed in these items, on the website, or otherwise provided by Breco Benton Auction, LLC, 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, Breco Benton Auction, LLC or L.W. Benton Company. It is the sole responsibility of the Bidder to verify any and all information. 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.
Auction Bid Default: $250 late payment fee if payment is not otherwise made or arranged within 48 hours of the close of the auction. A $250 late payment fee will be assessed for each partial or full day beyond the payment deadline for which payment is not made. If an item is not removed within twelve (12) 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. Breco Benton Auction LLC, L.W. Benton Company 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, Breco Benton LLC and 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 Breco Benton LLC and 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 Morgan County, Georgia. This agreement shall be interpreted in accordance with, and governed by, the laws of the State of Georgia.
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. 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, Breco Benton Auction LLC and L.W. Benton Company, Inc. may reject the registration, and bidding activity will be terminated.
Withdrawal of Items From the Auction: Breco Benton Auction, LLC, 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.
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, Breco Benton Auction LLC 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 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.
