General Terms & Conditions of Sale

Internet bidding closes at 1:00PM. Internet listing may not be complete until day before the Auction, so please keep checking back. Please note that there is a 5 minute auto extend to all of our auctions. For example, if the auction is scheduled to close at 1PM and someone places a bid at 12:59, 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.

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.

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.

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 and/or late fees and/or non-payment penalties to the accountÂ’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 Â“Credit Card FraudÂ” 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 bidderÂ’s residence. In addition to any criminal charges, L.W. Benton Company reserves the right to seek civil restitution as well.

Arbitration: 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 licensed attorney actively engaged in the practice of law for at least the last five years.

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.

Payment: Cash, Approved Check, MasterCard, Visa, Discover and American Express. 13% Buyers Premium with a 3% discount for Cash or Check. 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. All payments must be made to L.W. Benton Company, Inc. 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 L.W. Benton Company. After that time, L.W. Benton Company, Inc. reserves the right to charge the full purchase price, as well as any fees, to the credit card on file from the BidderÂ’s auction registration.

End Times: All L.W. Benton Company, Inc. Online Only Auctions are timed events. Please note, L.W. Benton Company Inc. Online Only Auctions also have 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 scheduled to end at 10:00 a.m. receives a bid at 9:59 a.m., the close time of the auction automatically extends to 10:04 a.m. The auto-extend feature remains active until no further bids are received within the 5 minute time frame.

Inspection: Property is being sold from the location of the seller. 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, 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 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 $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 above, a $10.00 handling and storage fee will be assessed per auction lot, per day. 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. 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. Sellers cannot accept payment. Payment will be accepted in the form of cash, credit card, cashierÂ’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 Â“PaidÂ”, 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 biddersÂ’ responsibility to remove property within Ten business days. No items may be picked up without an original invoice from L.W. Benton Company, Inc. marked Â“PAID.Â” Pick-up times are subject to normal operating hours of seller. In most government cases, this is limited to Monday thru Friday, with varying times, excluding holidays; however Sellers can provide specific days and times. It is recommended that winning bidders ALWAYS call to arrange pick-up to avoid arriving after hours or when Seller is not available. 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 BuyersÂ’ property of any kind.

Shipping: Unless otherwise noted in the terms listed for each item location above, shipping is not available in this auction.

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 buyerÂ’s agents.

Disclaimer: All items are sold Â“subject to owner confirmationÂ” or Â“with reserveÂ” unless advertised Â“absolute.Â” 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 the auction take precedence over all other verbal, printed, announced and/or distributed information. All property is being sold Â“as is, where isÂ” with no guarantee or warranties. It is the PurchaserÂ’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.

Restaurant Liquidation Auction