Online Only Liquidation of Video Gaming Machines

Terms &amp; Conditions of Sale <br>
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Terms: By registering to bid on the internet and placing bids on auction items, 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.<br>
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These video gaming machines are seized and forfeited property being sold on behalf of the Office of the District Attorney for the Middle Judicial Circuit of Georgia. Per the Terms and Conditions of this auction, Bidders agree that they are not currently, nor have they been in the past, indicted on criminal charges for the misuse of these machines; and that they are not currently, nor have they been in the past, a party to a civil lawsuit brought by the District Attorney’s Office for the Middle Judicial Circuit (“DA”) in which the DA was attempting to forfeit similar type gaming machines. While bidder registration is open to the general public, all Georgia residents, Georgia-based businesses and corporations, high bidders and subsequent purchasers of these machines agree to follow all state and federal laws in accordance with the proper and legal use of these machines in Georgia. <br>
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Legal courses of action: Bids are a binding offer to enter into a contract to purchase items from L.W. Benton Company, Inc. (LWBC) and/or Sellers; 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 &amp; 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.<br>
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WARNING - Explanation of Credit Card Fraud: In order to bid online, buyers must register and create an account at our website, www.BidderOne.com, and agree to the terms and conditions of the auction prior to being permitted to placing any bids. The registration process requires a valid credit card account in which the registered bidder is an authorized user. 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 account’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, such action constitutes “Credit Card Fraud” under Federal and Georgia state law. 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 bidder’s residence. In addition to any criminal charges, L.W. Benton Company reserves the right to seek civil restitution as well. <br>
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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. <br>
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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 verify the accuracy of your bids before placing them in our system. Bidder’s should also guard their account log-in and password information as any bid placed on a bidder’s account is an agreement to purchase by the account’s registered individual, whether someone else improperly used the account with or without the registered account holder’s knowledge. <br>
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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. Once this 48-hour deadline has passed, L.W. Benton Company, Inc. reserves the right to charge the full purchase price, as well as any fees or penalties, to the credit card on file from the Bidder’s registered account. <br>
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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 15 minutes of the auction ending will automatically extend the auction for 5 minutes from the time the bid is placed. Example: If an auction item scheduled to end at 10:00 a.m. receives a bid at 9:59 a.m., the close time of that particular auction item automatically extends to 10:04 a.m. The auto-extend feature remains active until no further bids are received within the extended 5-minute time frame. <br>
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Inspection: This property is stored at the L.W. Benton Company Inc. auction facility, located at 107 Oak Valley Drive, Macon, Georgia 31217. They may be inspected during normal business hours, Monday and Wednesday thru Friday, from 9 am to 5 pm. <br>
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Reserve Amounts: These video gaming machines will sell “subject to owner confirmation,” meaning the Seller and L.W. Benton Co. has the right to accept or reject any and all bids. In most cases, however, items without the reserve designation will sell to the highest bidder.<br>
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Catalog/Photograph Discrepancies: Bidders are bidding on lot and auction item descriptions, not item photographs. In the event that the wrong photo may be displayed, bidders should read the entire item description and bid accordingly. For demonstration purposes or photographs, various auction items or separate lots may be joined or photographed together. Bidders should not assume a lot consists of more than one item simply because they are connected or pictured together. Please inspect all lot numbers and descriptions in full. <br>
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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 close of 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.<br>
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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. Payment will be accepted in the form of cash, credit card, cashier’s check, or good personal or company check. All personal or company checks are subject to approval of L.W. Benton Co., Inc. 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 – this includes, but is not limited to, any necessary equipment or additional persons needed to load and/or move the item. It is the successful bidders’ responsibility to remove property within twelve business days from the close of the auction. No items may be picked up without an original invoice from L.W. Benton Company, Inc. marked “PAID in Full.” Pick-up times are subject to normal operating hours. It is recommended that winning bidders ALWAYS call to arrange pick-up to avoid arriving after hours. In the event that a Seller or representative of L.W. Benton Company agrees to assist in the load out of purchased lots, Buyers, and their representatives, understand that neither the Seller, L.W. Benton Company nor its representatives are responsible for any damage to the Buyers’ property of any kind. <br>
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Shipping: L.W. Benton Company, nor its Sellers, offer shipping on auction items; however, L.W. Benton Company will make every effort to assist buyers in locating and securing shipping means when necessary, although this may incur additional costs depending on the circumstances. Any and all shipping costs are the sole responsibility of the buyer. <br>
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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. <br>
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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. <br>
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Agency Disclosure: In all transactions, the auctioneers are acting as agents for the seller, not as buyer’s agents. <br>
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Disclaimer: All items are sold “subject to owner confirmation” or “with reserve” unless advertised “absolute.” 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. 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 or during 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. <br>
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Questions: Item-specific questions should be directed to the Inspection Contact listed for each item. For general auction questions or more information, please contact the Auction Coordinator, Ben Roberts, at 706-871-5045 or 478-744-0027 or email [email protected]. Problems with or questions about Internet bidding should be directed to [email protected].