Weekly Auto Auction Terms AUCTION TERMS & CONDITIONS Buyer & Seller Fees: $0.00 - $299.00 = $55.00 $299.00 – $3999.00 = $100.00 $3999.00 – 4999.00 = $120.00 $4999.00 - $5999.00 = $135.00 $5999.00 - $6999.00 = $150.00 $6999.00 - $7999.00 = $170.00 $7999.00 - $8999.00 = $185.00 $8999.00 - $9999.00 = $200.00 Over $10,000.00 = 2.5% of the Sales Price Buyer Title Fee = $18.00 Buyer Doc Fee = $100.00 Seller Gate Fee = $25.00 Residents of Cherokee, Clayton, Cobb, Coweta, Dekalb, Douglas, Fayette, Forsyth, Fulton, Gwinnett, Henry, Paulding, or Rockdale Counties. Please NOTE: If you will be registering a vehicle in one of the following counties you can not buy here. Cherokee, Clayton, Cobb, Coweta, Dekalb, Douglas, Fayette, Forsyth, Fulton, Gwinnett, Henry, Paulding, or Rockdale. WE DO NOT PROVIDE Georgia Vehicle Emission Inspection Reports. If a winning bidder attempts to have the vehicle registered in one of the counties, our office will not allow the registration. However the winning bidder will be responsible to pay for the vehicle. LWBC will re-run the vehicle on behalf of the winning bidder at the next available auction. 1. This Auction complies with all state, local and federal laws. All dealers must be licensed by their state and registered with this auction prior to doing business. 2. All dealers/sellers must be over 18 years of age. Children under 16 years of age are not allowed at the auction. 3. Dealers must carry their bidder number at all times. If your bidder number is forgotten, please stop by the office before the auction to get your bidder number. Please help us serve you by using your bidder card. Dealers must have a BIDDER NUMBER in order to buy and sell. 4. Dealers/sellers are responsible for the actions of their employees, representatives, and guests. 5. All returned checks or drafts will be charged a $100 returned check or draft fee. 6. No vehicle will be offered for sale without the VIN plate attached in the designated area. The auction reserves the right to refuse the sale of any vehicle in which the identification plate appears altered in any way. Such vehicles may be subject to seizure. 7. All purchases must be paid for on sale day/day of purchase. All fees for all services are due on the day of sale or fees will be deducted from the sale proceeds at the time transactions are settled. 8. All transactions conducted on auction property must clear through our office. (Which includes OUTSIDE SALES) Any dealer/sellers found in violation of this policy will be in violation of his/her auction privileges. 9. All vehicles must have a gate pass (paid in full receipt or return to consignor release) before leaving the premises. Gate passes are only issued during office hours. Vehicles are subject to a trunk and interior inspection prior to leaving the auction lot. 10. All vehicles are consigned at the owner's risk. The auction is NOT liable for theft or damage to any vehicle left at the auction. Sellers are advised to remove personal property, cellular phones, etc. from their vehicles prior to checking in the vehicle. 11. Auction Management reserves the right to refuse service to anyone. 12. Please have your vehicles on the premises as early as possible. Vehicles must be represented accurately and fairly. Unsafe vehicles will be towed across the auction block or sold in the in-opt line. 13. Title discrepancies must be brought to the auction's attention no later than 30 days from the receipt of the title. 14. To the best of the Seller's knowledge, information, condition, description, known defects, mileage and disclosure statements relating to the vehicle are accurate and fully disclosed. INDIVIDUAL BUYER TERMS: (NON-DEALER) 1. Bidder must present a valid drivers license. 2. To get a bidder number you must pay a $200.00 Cash deposit. The deposit will be applied to the purchase price of your car or REFUNDED IN FULL if you do not buy a car. 3. The bidders information will be used to prepare the title. 4. In the event you would like the title written in someone else's name, they must present their valid drivers license. 5. Once the title work has been completed there is a $100.00 fee to have it changed. 6. Cars are sold 'AS IS' and all sales are final unless otherwise stated. 7. All vehicles must be paid in full by 5 pm Wednesday, failure to do so will result in a $100.00 additional fee. 8. Vehicles not removed from the auction premises by 5 pm on Wednesday will result in an additional fee of $20.00 per day. PAYMENT 1. Buyers must pay for all purchases on the DAY OF THE SALE by 5PM, failure to do so will result in a $100.00 additional fee. 2. All purchases must be paid for with Certified Funds or Money Order unless approved to use personal or Dealership business checks. The only exception to the above will be pre-approved floor planning or site draft. 3. No checks or funds will be issued to the Seller for sold vehicles until a negotiable title has been remitted to the auction. 4. Under NO circumstances shall any Dealer/buyer stop payment on a check or refuse to honor a draft. “IF” or “Call” SALES If the seller announces that the vehicle will be sold on an 'IF' or “Call” basis after the bidding concludes, the Buyer may reject the sale at the block or accept the 'IF' sale and be obligated to purchase the vehicle for 24 hours following the time of the sale. It is the Buyer's responsibility to verify any 'IF' sale resolution. Any 'IF' sale approved within the time limits will be considered a sale regardless of whether the Buyer has received notification within the time frame. OFF THE BLOCK SALES 'OFF THE BLOCK SALES' will be binding between the buyer and seller. NO ARBITRATION ON ANY SALES. UNACCEPTABLE TITLES Titles with the following defects will not be accepted: • Alterations and erasures. • Incorrect Vehicle Identification Number on Title. • Mileage discrepancies. • Improper reassignments. • Missing form signatures by licensed Dealers only. • No customer can appear between license Dealer or Dealer reassignment. The decision of auction management shall be final in all disputes. It is the seller’s responsibility to make the proper announcement and ensure that the appropriate announcements are conveyed by the auctioneer. It is the buyer’s obligation to listen to announced conditions. The auction disclaims any obligation for administrative errors which result in in accurate announcements. Auction Company nor its employees, contract labor or anyone else associated with the auction company can be held liable for any incorrect information provided whether verbal, implied, or announced on the stand. Buyer is responsible for verifying all information for themselves and bidding accordingly. If you are unsure of what you are bidding, DO NOT BID. All Vehicles sold as-is with no warrantee or guarantees. It is the bidders responsibility to inspect the items and conduct their own due diligence. L.W. Benton Company, Inc. or Heart of Georgia Auto Auction cannot be responsible for any misrepresentations, errors or omissions. Any information provided is for informational purposes only and is believed to be true and correct. However, it is the bidders responsibility to verify the accuracy of all information provide. Bidders should not bid if they are unsure what they are bidding on or have not inspected the items. Note: All items sold subject to owner's confirmation unless advertised absolute. 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. Seller agrees to hold harmless, the Auctioneers against any claims of the nature referred to in these terms 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 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. Definition of Title Guarantee at L.W. Benton Company Auctions: Although we guarantee title for all vehicles requiring a title, we do not guarantee that the title will be produced and clear in every instance. In the event that the title cannot be transferred for any reason, L.W. Benton Company will refund the buyer the amount of the vehicle including fees once the seller returns the vehicle to L.W. Benton Company. It is advised that the buyer not spend any money on transport, repairs etc. until clear title is delivered to the buyer. L.W. Benton Company cannot be responsible for any funds spent on said vehicle, should title not be available for transfer. Because, we do not always have title at the time of the auction, buyer beware that the possibility may exist where title cannot be transferred. Although we make every effort to secure clean title on all vehicles, there may be instances out of our control that do not permit the transfer of title. Buyers may ask office staff as to the current status of titles before bidding on the vehicles and make their own decision as to whether they want to bid on the vehicles or not. Penalties Purchases not picked up 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 arangements have been made with the Auctioneer. Any item left will be at right of removal by auctioneer. Please note that we have not made any attempts to test any items. The bidder is responsible for inspecting the items themselves.