deadlines & close of online bidding

Internet bidding closes at 10:00 PM the night before the auction. Internet listing may not be complete until day before the Auction, so please keep checking back. Winning internet bids will be taken to the live Auction and placed on behalf of the buyer.

auction terms
Buyer's premium

For all cash or check purchases, a 10% buyer's premium will be added to the
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.
A 13% buyer's premium will be charged for all Credit Card Purchases

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.

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 real estate attorney actively engaged in the practice of law for at least the last five years.

Bid rejection

L.W. Benton Company, Inc. reserve the right to reject any and all bids from any bidder.

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.

Assessment of condition

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.

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.

Payment information
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%.

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
on the day of the auction or Friday following the auction from 10am - 3pm.
Other available pick up times and dates to be announced at the Auction.

Item removal information

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.

Shipping
No shipping is available for these items unless prior arrangements are made with the auction company.
Purchaser is responsible for loading all
items.
Items must be removed the day of the auction, unless special arrangements
have been made with the Auctioneer. Any item left will be at right of removal by auctioneer.

Questions
Please call L.W. Benton Co. at 478.744.0027 for more information. Problems with or questions about Internet bidding should be directed to bo@bidderone.com.

Note
Please note that we have not made any attempts to test any items. The bidder is responsible for inspecting the items themselves.

If you have any question about a specific item, please call us at 478-744-0027.

Marco Ristorante Italiano - Restaurant Auction