Terms and Conditions for Online Personal Property Auctions:

AUCTION ITEM’S LOCATION: The items to be auctioned are located at 1908 Albany Highway, Dawson Georgia

AUCTION DATE & TIME: Bidding will open on November 14^th at 11:00 AM EST. 

Bidding will close on November 29^th at 2:00 PM EST.

INSPECTION & PREVIEW DATES: November, 7^th , 14^th , 21^st  and 28^th from 10:00AM until 4:00 PM; or by appointment.

AUCTION ONLINE ONLY: This is an ONLINE ONLY AUCTION. PLEASE DO NOT BID if you are unable to remove your items during the scheduled removal times. NO refunds will be issued nor charge-backs granted due to failure to remove items at the pre-designated times. After the scheduled removal, items will be considered abandoned, and you will be charged a removal fee for disposal of your items. Although from time to time, as a courtesy to bidders, we may list or link to local shippers and movers, WE DO NOT SHIP! Shipping and/or moving arrangements are your responsibility.

BUYERS PREMIUM: A 10% buyer’s premium will be added to each purchase. For example, if your bids total $100.00 at check-out, you will be charged $110.00.

PAYMENT: The successful Purchaser(s) will make payment IN FULL at the close of the auction in the form of CASH, CASHIER’S CHECK OR A COMPANY OR PERSONAL CHECK WITH A CURRENT BANK LETTER OF GUARANTEE. A 10% Buyer’s Premium will be added to the bid price to all personal property to obtain the contract price. Sales tax of 8% will be charged on the contract price of all applicable purchasers. “NO CREDIT CARDS”

TIME OF PAYMENT:  All payments are due at the end of the auction. Successful Purchasers must bring payment when picking up the items purchased during the Loadout and Removal Dates as posted.

TAX: GEORGIA STATE SALES TAX will be charged at the rate of 8% for Terrell County Georgia. Tax is calculated on the full bid amount, including the buyers premium. If you have a resale tax certificate, email the certificate to [email protected] or fax to229-439-7823. Items purchased by non-local buyers for delivery out of state will not be charged sales tax. Exemptions must be approved for buyers prior to bidding, not after the conclusion of the auction. GEORGIA GATE CARDS must be entered during the registration process.

USE CAUTION: Occasionally a bidder increases their own bid to gain an advantage over other bidders. Review all bids placed once submitted. If you have made any error in bidding, contact our office immediately by email, otherwise no price adjustment will be made. Your request must be in writing. After the auction has closed, no adjustments will be permitted. NO EXCEPTIONS!

STAGGERED CLOSING: The online auction closes at intervals of four (4) items per minute. This feature, in concert with the Dynamic Closing element, closely emulates a ‘live’ auction.

DYNAMIC CLOSING: The closing time of an item is automatically extended an additional 4 minutes whenever a bid is placed within the last minutes of the item’s closing time. Thus, if an item is set to close at 2:00pm, and a bidder places a bid on the item at 1:58pm, the item’s closing time will be extended to 2:02pm. If another bid is placed at 2:01pm, the item’s closing time will be extended to 2:05pm, and so on. It is therefore important to monitor items you are bidding on by regularly refreshing the page as the auction nears closing. Closing times will vary depending on the auction, number of lots and type of property. Check closing times for each auction before bidding.

BID NOTIFICATION: If you have been outbid you will be notified by email ONLY UNTIL the last day of the auction — starting at midnight Eastern Standard Time on the date of auction closing notices are not sent. To quickly review your bids and see if you have won you can utilize the “Review Bids” feature. Items on which you have been outbid on will be clearly marked.

WINNING BIDDER NOTIFICATION: Winning bidders will be sent an electronic invoice by email ONLY (you are responsible for checking your email).

CLAIMS AND RECOVERY: In the event an item is not available for pickup, you must notify our on-site staff and file a claim by replying to your original emailed invoice noting what was not available within 24 hours of the pickup date. After 24 hours, the Auctioneer and Bidder agree that no adjustment or refund will be made.

CAUTION: For demonstration purposes various equipment may be joined. Do not assume a lot consists of more than one item simply because they are connected or pictured together. Please inspect the lot numbers and read the descriptions. We encourage all Buyers to attend the Auction Preview/Inspection to satisfy themselves of the condition of each item of interest. All items sell “AS IS-WHERE IS”.  J. Durham And Associates, Inc. is the Selling Agent Only and assumes no liability for errors or omissions. Buyers are to rely solely on their own judgment and inspection as to the age, make, model, manufacturer, condition, marketability or usability of any item in the auction.

CATALOG INACCURACIES: You are bidding on the described item- not the photograph. Occasionally, the wrong photo is displayed or a substantially similar item is photographed. Always read the item description, and we encourage you to attend our preview/inspection events.

WARRANTY & CONDITION OF ITEMS SOLD: All items are sold “AS IS, WHERE IS, with NO WARRANTY expressed or implied by the lot number affixed to the item, without any implied or expressed warranty. Keep in mind that these items are used and may have light surface scratches and or dents / dings. Preview is suggested in order to gauge the condition of each piece. Descriptions are made in good faith and believed to be accurate, but not guaranteed. When you are not certain of the condition or use of an item, please bid accordingly. With respect to specialty items such as antiques, vehicles, and fine art, all descriptions are made in good faith, but such descriptions do not warrant authenticity, grading, or condition. Preview is recommended to gauge the exact nature and condition of all items. Buyers and their agents hold harmless the seller and J. Durham And Associates, Inc., against any personal injury or property damage occurring on the premises.  ONLY BUYERS AND THEIR AGENTS ARE PERMITTED ON SITE AFTER THE AUCTION HAS CLOSED AND ITEM PICKUP HAS BEGUN.

REMOVAL: Bidders are responsible for their own packing and removal. J. Durham And Associates, Inc., will not provide assistance with packing, lifting, or loading. Bring your own boxes and packing material.  Any item NOT picked up by the set time will be considered abandoned. Removal shall be at the expense, liability, and risk of the purchaser. Bidders and their agents assume all liability for any personal injury or property damage occurring on the premises and agree to hold harmless Seller and Auction Company against any claim for personal injury or property damage. Purchases will be released upon presentation of a paid email receipt and Third Party Release Form (if applicable) with photo identification. Please insure that movers or anyone picking up items on your behalf have your paid receipt at the pickup location. No items will be released without a paid email receipt. No shipping!

IMPORTANT! The Auctioneer will have the option of reselling, removing, storing or abandoning, at the expense and risk of the purchaser, items not paid for and/or removed within the specific time. The buyer agrees to pay all deficiencies, legal, collection; transportation and storage expenses associated with delinquent accounts or abandoned items.

CHOOSE WISELY: We want everyone to get a good deal, and most will. However, when you bid on the wrong item or decide an item is not suited for your intended use, our clients are not willing to assume the cost of your mistakes. When in doubt about condition, completeness or suitability for intended use, please bid accordingly.

CERTAIN RIGHTS RESERVED: The Auctioneer reserves the right to add or remove items from the auction; split or combine lots; add minimum bids or reserve prices; cancel, suspend, extend or reschedule an individual item and/or auction event; make changes to the auction closing times or inspection or removal times.

ARBITRATION: Any controversy or claim arising out of or relating to this contract and/or agreement, or breach thereof, shall be settled by arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association, and judgments upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Venue will be Terrell County Georgia.

LIABILITY: Auctioneers and Sellers liability shall be limited to the refund of bidder’s purchase price. By registering and participating in this auction, you specifically disclaim any other claim available at law or in equity.

LIMITATIONS: The above stated Terms cannot be altered except in writing by the Auctioneer.

REGISTRATION INSTRUCTIONS: You must FIRST register to bid. Go to the registration page or click the “Register” button. Once you submit your information, you will receive an email with your bidder number and you will use the password that you created. Then go to the catalog, place your bids. Also, you can utilize the MAXBID system where you can put in your starting bid and your highest bid. Your maximum bid is confidential and the software will bid up to that point only if other bids are received.

TECHNOLOGY DISRUPTIONS: Auctioneer will not be responsible for technology disruptions, errors, or failures (including disruptions to bidding or the failure to execute, recognize, or record online bids), whether caused by (i) loss of connectivity, breakdown, disruption, or failure of the Online Auction Platform, (ii) breakdown, disruption, or failure of a Bidder’s internet connection, computer, or system, or (iii) otherwise. Auctioneer may, but will not be required to, extend, delay, continue, reschedule, or suspend, or close the Auction because of disruptions caused by technology failures, even after bidding has started.

FAILURES BY ONLINE AUCTION PLATFORM PROVIDER AND ITS AFFILIATES OR CONTRACTORS: Auctioneer may use an Online Auction Platform Provider to facilitate the Online Auction. Under NO circumstances will the Auctioneer be liable for any failure of the Online Auction Platform Provider to perform all or any of its duties or obligations, or for the failure of any affiliates, employees, agents, representatives, or contractors of the Online Auction Platform Provider to perform their duties and/or obligations.

DISCLOSURE: AS DETAILED IN RULE 55-10-.03 (3) , OF THE GEORGIA AUCTIONEERS COMMISSION: ANY AUCTION SALE IS, WITHOUT REQUIREMENT OF ANNOUNCEMENT AT ANY TIME, PRESUMED TO BE WITH RESERVE UNLESS THE PROPERTY IS/ARE, IN EXPLICIT TERMS PUT UP AT “ABSOLUTE AUCTION”. ACCORDING TO RULE 55-10-.01 (4) (b) , J. DURHAM AND ASSOCIATES, INC. AND OUR SELLERS HEREBY GIVE NOTICE THAT BIDS MAY BE MADE BY THE SELLER, OR UPON THE SELLER’S BEHALF, AT ANY AUCTION WITH RESERVE.