TERMS: By registering to bid on the internet, 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.

PAYMENT: ONLY Visa, MasterCard, Discover, or American Express payments. A 15% Buyers Premium will apply to all purchases in this auction. 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 with our main office, and if that sales tax number has been entered by the dealer in his or her profile before bidding. Any other specific payment arrangements would have to be approved by L. W. Benton Company, Inc. PRIOR to bidding. Payment will be automatically made using the card with which the buyer registers. Upon receipt of payment in full, the purchaser will receive a paid invoice by email which must be presented at time of pick-up.

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 If no credit card information is on file or if the information is insufficient or outdated, a $30 late payment fee will be assessed for each day beyond the payment deadline for which payment is not made.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 seven (7) 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. If any items have been moved from an on-site location after the posted pick-up times at the election of L.W. Benton Company, Inc., there will be an $80 hour moving charge to recover those items. If a representative agrees to meet a successful bidder outside normal pick-up times at any location, there will be a $50 convenience fee for that arrangement. 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.

INSPECTION: Location, Date, and Time for inspections are posted in the Auction Catalog. Buyers understand they view property at their own risk and L. W. Benton Company, Inc., its representatives, nor the Seller or their representatives are responsible for accidents or damage to 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 none is guaranteed by the Seller or L. W. Benton Company, Inc.. It is the sole responsibility of the Bidder to verify any and all lot information (including condition) in person during the posted inspection times for this auction.

DYNAMIC AUCTION CLOSING TIME: The lots in this auction will close in groups of 100 lots beginning at 9:00 PM, and with each addition group of 100 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 9:00 PM and someone places a bid at 8:59, the system will auto extend 5 minutes to give the previous bidders time to bid again. This will continue until there are no more bids in a 5 minute period related to that lot.

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, L. W. Benton Company, Inc. cannot remove the bid from the online bidding system. Please be sure of your bids before placing them in our system.

PICK-UP OF ITEMS: At the completion of the auction, successful bidders will be emailed an invoice with pick-up instructions. In this auction, because the card with which you registered will automatically be charged, your invoice should be paid when you arrive for pickup unless there was a problem with your card. Winning bidders must make payment in full or approved payment arrangements within 48 hours after the close of the auction if there is a problem with the registered card. Sellers cannot accept payment. 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 bidder's responsibility to remove property within the posted pickup times for this auction. In the event that a Seller or representative of L. W. Benton Company, Inc. agrees to assist in the load out of purchased lots, Buyers understand that neither the Seller, L. W. Benton Company, Inc. nor its representatives are responsible for any damage to the Buyer's property of any kind. 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 seven (7) 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. If any items have been moved from an on-site location after the posted pick-up times, there will be an $80 hour moving charge to recover those items. If a representative agrees to meet a successful bidder outside normal pick-up times at any location, there will be a $50 convenience fee for that arrangement.

SHIPPING: IF BUYER MAKES ARRANGEMENTS WITHIN 24 HOURS OF AUCTION CLOSE, we will be glad to ship small items via USPS Priority Mail Flat Rate Padded Envelope ONLY at a cost of $5 per envelope plus the price of actual shipping including any insurance, which will be required on items totaling more than $50 in value. WARNING: If you do not contact us with your request for shipping within 24 hours of auction close, we will not ship, and you will forfeit your items without refund.

ITEMS NOT REMOVED DURING POSTED PICK-UP TIMES: If arrangements have not been made to remove items by the end of the last posted pickup day after the auction closing time, they will be considered abandoned property, even if paid, with all of the buyer's rights and interests in the property extinguished with no refunds owed or offered to the buyer. Items will be resold to recover removal costs. Further, the seller and L. W. Benton Company, Inc. reserves the right to resell 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.

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.

DOCUMENTATION FEE ON ITEMS REQUIRING TITLE OR DOCUMENT TRANSFERS: There will be a $100 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 Company, Inc., 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.

TITLE CANCELLATION: Buyers who purchase titled vehicles with the intent to scrap, salvage and/or dismantle said vehicles may qualify for a $40 document fee by signing a letter stating their intent to do so, thus granting L. W. Benton Company, Inc. 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 cancellation.

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 Sellers and their agent (auctioneer) reserve the right to place bids on the property up to the seller’s reserve, if desired, at their sole discretion, unless selling absolute. Furthermore, the auctioneer and L.W. Benton Company employees / agents may also bid personally on auction items. 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.

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., its 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 will be charged upon completion of the auction for any items won plus applicable buyer's premium and sales tax. If, when charged, 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, Inc. 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, Inc. reserves the right to seek civil restitution.

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.

Please call our office if you have any questions regarding this new policy. 478-744-0027.

EMBRY ESTATE AUCTION