FMC SPARKS RESEARCH STATION
EQUIPMENT AUCTION – DAY 1
Ag Lab Tools & Equipment
Office Furniture, Supplies & More
Cook County, GA
Online Bidding Ends Wednesday August 21, 2024
Property Address: 1704 Rountree Bridge Road Sparks, Georgia 31647
Auction Date: Wednesday, August 21, 2024 @ 10 AM
Open House: Monday, August 19 12:00 PM – 3:00 PM
Load Out: Friday, August 23, from 9 - 4PM
No Weekend Loadout
Monday – Wednesday August 26-29, from 9 - 4PM
Important Selling Features:
- Vision Engineering Lynx Dynascope
- Labconco Purifier Logic+ Biosafety Cabinets
- Panasonic High Pressure Steam Autoclave
- Thermo Scientific Heratherm Incubator
- Neslab EX-600 Shaker Bath
- VWR Incubating Orbit Shaker
- Mettler Toledo Analytical Balance
- Percival Research Plant Growth Chambers
- Research Sprayers
- Plant Racks with Heat Lights
- New Brunswick Gryrotory Shaker
- Erlenmeyer Flasks, Beakers & More
- TOO MUCH TO LIST!
Welcome to the exclusive FMC Sparks Research Station Online Auction! A premier event featuring a vast collection of top-tier scientific research equipment, lab tools, and office furniture. This is a unique opportunity for researchers, laboratories, and institutions to acquire high-quality instruments and furnishings at prices YOU determine! Our inventory includes cutting-edge microscopes for detailed analysis, advanced research equipment for various scientific analyisis, efficient spray chambers for precise applications, and incubators and growth chambers to support a wide range of experimental needs. Additionally, this auction offers a variety of lab tools for any research setting, as well as office furniture to enhance your workspace. Don't miss this chance to upgrade your lab with premium equipment and tools. Bid now at WeeksFarmMachinery.com!
GPS Coordinates: 31.18137, -83.47278
Google Map Link: https://maps.app.goo.gl/cpY4Lbs5ghCEGBTu6
Driving Directions:
From ADEL: To get to 1704 Rountree Bridge Road in Sparks, Georgia from Adel, Georgia, start by heading north on N Hutchinson Ave toward W 4th St. Continue straight onto GA-76 W for about 3 miles. Turn right onto Old Union Road and drive for approximately 2 miles. Then, turn left onto Rountree Bridge Road and continue for about 1 mile. Your destination, 1704 Rountree Bridge Road, Sparks, GA, will be on the right. Watch for Auctions signs!!!
From TIFTON: To get to 1704 Rountree Bridge Road in Sparks, Georgia from Tifton, Georgia, start by heading east on US-82 E/5th St W toward I-75. Continue to follow US-82 E for approximately 10 miles. Then, turn left onto GA-125 N and continue for about 6 miles. After that, turn right onto Antioch Road and drive for around 4 miles. Finally, turn left onto Rountree Bridge Road and continue for about 2 miles. Your destination, 1704 Rountree Bridge Road, Sparks, GA, will be on the left. Watch for Auction signs!!!
For More Information Contact:
Cameron Morris Tucker Buckner
Associate Broker & Auctioneer Salesperson & Land Specialist
CAGA Appraiser Licensed GA, AL
(229) 881-7643 (229) 921-6504
Cameron@BidWeeks.com TuckerB@BidWeeks.com
WEEKS FARM MACHINERY AUCTION TERMS & CONDITIONS
FMC SPARKS RESEARCH STATION
TWO DAY EQUIPMENT AUCTION
DAY 1 - Ag Lab Tools & Equipment
Office Furniture, Supplies & More
DAY 2 - Tractor, Tillage & Harvest Implements
Shop Tools & Spray Equipment
Cook County, GA
Online Bidding Ends Wednesday August 21 & 22, 2024
This is an Online Auction, by registering to bid ON the internet you acknowledge that you have read and understand the terms and conditions of this auction and that you expressly agree to abide by all terms and conditions contained herein.
GENERAL AUCTION TERMS
Weeks Farm Machinery Auction reserves the right to remove or cancel the bids and/or the bidding rights and privileges of any bidder at any time that is deemed to have taken actions no to be in the best interest of the seller.
Weeks Farm Machinery Auction reserves the right to add or remove items from the auction prior to the close of bidding; split or combine lots; add minimum bids or reserve prices.
Weeks Farm Machinery Auction also reserves the right to cancel, suspend, extend or reschedule an individual item and or the entire auction event or to make changes to the auction closing times, inspection times, or removal times.
EQUIPMENT INSPECTION
Monday, August 19 12:00 PM – 3:00 PM
AUCTION ENDS
Wednesday, August 21 STARTING AT 10 AM
AUCTION LOCATION
1704 Rountree Bridge Road Sparks, Georgia 31647
FEES
A 10% Buyer’s Premium NO CAP will be applied to all Bid Prices with the Buyer’s Premium. The Bid Price plus the Buyer’s Premium will become the Purchase Price.
EXAMPLE: PURCHASED ONLINE
Bid Price: $3,000.00
10% BP/NO CAP: + $300.00
TOTAL Purchase Price: $3,300.00
SALES TAX & SALES TAX EXEMPTION
Georgia Sales Tax of 8% will be applied to all items unless the following proper documentation is provided to Weeks Farm Machinery Auction prior to or at the time of purchase:
Farmer Tax Exemption: photo copy of a valid Georgia Farmer Exemption G.A.T.E. Card. APPLY NOW Unfortunately, sales tax cannot be refunded to Farmers providing GATE Cards AFTER an invoice has been issued.
Dealer Tax Exemption: photo copy of Sale Tax Resale Certificate with signed ST-5 Form or ST-4 Form.
Exporter Tax Exemption: a valid Bill of Lading provided by the purchaser’s hired Common Carrier at time of equipment removal.
PAYMENT
An invoice will be emailed confirming your bids after the auction has been completed. Payment is required within 3 business days from of the date of purchase.
The accepted forms of payment are Cash, Cashier’s Check, Personal or Business Checks, Wire Transfer, Debit Card, Credit Card with exception of titled vehicles and trailers, and/or mobile wallet applications such as Apple Pay and Google Pay. Be advised of the 3% convenience fee applied to all credit card, debit card, and mobile wallet payment methods. ONSITE PAYMENT WILL BE ACCEPTED BY CASH OR CHECK ONLY. Money Orders will not be acceptable forms of payment. Credit Cards are also used as a verification tool!! Weeks Farm Machinery Auction, Inc. reserves the right to charge the purchaser’s credit card on file an amount up to the full purchase price plus storage fees for items not paid for and pickup up in a timely manner. Credit cards will not be accepted for titled vehicles and titled trailers. Payment method for titled vehicles and titled trailers require immediately available funds.
A required Form 8300 will be completed and submitted to the IRS for Cash and/or Cashier’s Check payment amounts of $10,000.00 or more.
TITLE ITEMS
All titled trailers and motorized vehicle purchases transacted at Weeks Farm Machinery Auction, Inc. will adhere to the Regulations set forth by the Georgia Department of Revenue Motor Vehicle Division. Title will be transferred to the person or entity stated on the purchaser’s invoice, therefore it is pertinent to register initially, correctly as a bidder the way in which the purchaser prefers a titled item assigned to the purchaser. Use of the buyer’s privilege is non-transferable.
Mileage and other information written on the window of sale vehicles or listed in the item’s description is for the convenience of the buyer and is not to be relied upon as accurate or complete. Buyers should satisfy themselves, as to year, mileage, and equipment by viewing the actual vehicle prior to bidding. The auction will not arbitrate vehicles based on incorrect information written on the vehicle or listed in the item’s description.
Georgia Resident Purchasers of titled motorized vehicles will be subject to TAVT (Title Ad Valorem Tax) which is calculated from a percentage of the motorized vehicle’s Fair Market Value or Purchase Price: the higher of the two amounts will be used as commanded by the State. The TAVT percentage rate is dependent upon the year model of the motorized vehicle. The TAVT Calculator can assist in providing FMVs of most motorized vehicles. An ETR (Electronic Title and Registration) Fee of $75.00 will also be assessed for all titled motorized vehicles. This fee includes the mandatory State services of Title & Registration Processing, an ETR Statutory Fee (Charged by GA Department of Revenue), a TOP Processing Charge, a Scanning & Quality Assurance Fee as well as the required UPS or FedEx shipping cost of the original title documents to the designated Quality Assurance Center. A Title Processing Fee of $75.00 will be applied to all titled trailers. This fee includes Title & Registration Processing, a TOP Processing Charge, and Courier Fees to submit original documents to the designated County Tag Office. ETR and Title Processing Fees are subject to change at the discretion of Weeks Farm Machinery Auction, Inc. to accommodate changes in requirements issued from the Georgia’s ETR Processing Center and Georgia Department of Revenue Motor Vehicle Division.
Georgia Resident Purchasers of titled motorized vehicles are required to provide a copy of their valid Georgia Driver’s License and complete applicable Title Processing Paperwork including but not limited to Title, MV-1 form, MV-7D form, As-Is; No Warranty Buyer’s Guide, and an Odometer Disclosure Statement.
Non-Georgia Resident Purchasers of titled motorized vehicles will be required to sign a ST-8 Certificate of Exemption Nonresident Purchase of a Motor Vehicle form, exempting them from Georgia Taxes and Fees. Non-Georgia Resident Purchasers must sign the titled item’s As-Is; No Warranty Buyer’s Guide and an Odometer Disclosure Statement.
Used Motor Vehicle Dealer will be required to provide Weeks Farm Machinery Auction, Inc. with a copy of their company’s valid Used Motor Vehicle Dealer License and Sales Tax Resale Certificate to be exempt from Georgia Title Tax and Fees. Georgia Used Motor Vehicle Dealers will be required to sign a ST-5 Sales Tax Certificate of Exemption Georgia Purchaser form, while Out of State Used Motor Vehicle Dealers will be required to sign a ST-4 Certificate of Exemption-Out of State Dealer form. Used Motor Vehicle Dealers must also sign the titled item’s As-Is; No Warranty Buyer’s Guide and an Odometer Disclosure Statement.
Trailers sold as “Bill of Sale Only” will not be issued a title. Weeks Farm Machinery Auction, Inc. will issue the Purchaser an Invoice which will serve as the Purchaser’s Bill of Sale. If the Purchaser wishes to obtain a Tag for a Trailer sold as “Bill of Sale Only”, the Purchaser must complete a T-22B Certification of Inspection by a Duly Constituted Georgia Law Enforcement Officer form and consult the Purchaser’s Local Tag Office for further instruction.
Trailers are Sales Tax Exempt for Dealers who provide the aforementioned Dealer documents. Farmers may also be tax exempt from trailer purchases, if the trailer is intended for Farm-Use. Farmers must provide Weeks Farm Machinery Auction, Inc. with a valid, unexpired copy of their Georgia Issued G.A.T.E. Card prior to the time of purchase to be eligible for tax exemption. The purchaser listed on the invoice must also be listed on the G.A.T.E. Card as the primary user or as an Additional User for G.A.T.E Card Tax Exemptions to the valid. The State of Georgia does not recognize other State issued Agricultural Tax Exemption Cards, however Nonresident Farmers are eligible to apply for a Georgia issued G.A.T.E. Card. If you are eligible to apply for a G.A.T.E. Card, complete this G.A.T.E. Card Application.
Titled Items may be removed from premise once Weeks Farm Machinery Auction, Inc. receives confirmation from Weeks Farm Machinery Auction, Inc.’s bank that sufficient funds have been received upon account. Upon payment confirmation, the title of the motorized vehicle will be electronically transferred and submitted to the State of Georgia for purchases made by Georgia Residents. The Georgia Resident Purchaser will receive via mail the newly assigned title from the State of Georgia at the address provided on the MV-1 form within 30 days of ETR submission. The Non-Georgia Resident as well as the Dealer purchaser will receive via certified trackable mail the original title of the motorized vehicle assigned to the purchaser on the back of the title to the address provided on the purchaser’s invoice within 10 days of payment confirmation. MSOs of Trailers with Net Vehicle Weight under 2000 pounds will be mailed certified and trackable to purchaser’s address provided on the purchaser’s invoice. Titles of Trailers with Net Vehicle Weight of 2000 pounds or more will be mailed certified and trackable to Non-Georgia Resident purchasers within 10 days of payment confirmation. Titles of Trailers with Net Vehicle Weight of 2000 pounds or more purchased by Georgia Residents will be processed with Weeks Farm Machinery Auction, Inc.’s local tag office within 10 days of payment confirmation. The Georgia Resident Purchaser will receive via mail the newly assigned trailer title from the State of Georgia at the address provided on the MV-1 form within 30 days of local tag office submission.
Also, once payment has been confirmed with Weeks Farm Machinery Auction’s bank, the purchaser of a titled motorized vehicle will then be issued a TOP (Temporary Operating Permit) Tag. This TOP Tag will be held at the onsite Check-Out Station and will be available for pickup on the allotted Item Pick-Up days.
EQUIPMENT REMOVAL
Equipment can be removed from the sale site ONLY after Weeks Farm Machinery has received PAYMENT IN FULL. NO EXCEPTIONS.
ABANDONED PROPERTY
By utilizing WEEKS FARM MACHINERY AUCTION, INC. and making purchase therefore, YOU expressly agree that any Lot(s) purchased by YOU that are not shipped or otherwise removed from the Auction Site within 30 days from the appropriate loadout date after the Auction will be deemed abandoned to the Auctioneer, unless otherwise stated, even if paid for by YOU. In the event property is deemed abandoned YOU will give up and waive all right, title and interest with respect to such Lot(s). If abandoned Lot(s) are subsequently sold, YOU will not be entitled to any proceeds from the sale of any such abandoned property. Subject to applicable law, beginning immediately after the Auction load out time, and continuing until the removal or other disposition of any Lot(s) not picked‐ up or removed, a storage charge in the amount of Ten Dollars ($10) per day, per lot, will accrue. Auctioneer will have a possessory lien against such Lot(s) that may be executed on in order to satisfy such storage charges. The Auctioneer may commence an action against YOU for storage fees without executing on a storage lien. by purchasing an item for auction, you waive any and all claims for deficiency, recoupment, setoff, conversion or trover relating to abandoned lots. weeks FARM MACHINERY AUCTION, inc. is not responsible for damage occuring after sale of items, including damages sustained while items are on its property or during load out, and you expressly waive any and claims against weeks FARM MACHINERY AUCTION, inc. relating to any such damage.
LOADOUT INFORMATION
Property Address:
FMC SPARKS RESEARCH STATION
1704 Rountree Bridge Road Sparks, Georgia 31647
ITEMS WILL NOT BE MOVED TO WEEKS FARM MACHINERY AUCTION, INC.
Load Out: Friday, August 23, from 9 - 4PM
No Weekend Loadout
Monday – Wednesday August 26-29, from 9 - 4PM
Contact:
Cameron Morris Tucker Buckner
Associate Broker & Auctioneer Salesperson & Land Specialist
CAGA Appraiser Licensed GA, AL
(229) 881-7643 (229) 921-6504
Cameron@BidWeeks.com TuckerB@BidWeeks.com
SHIPPING INFORMATION
Buyer is responsible for all shipping logistics and costs.
Allow us to recommend the following optional Transportation Providers:
JAX Logistics, Inc.
Vernon Craft
Office: (843) 235-9993
Fax: (843) 235-9997
Email: verncraft@gmail.com
Fr8 Management Logistics
Mark Caruthers
4585 County Rd 141
Wildwood, FL 34785
Office: (352) 399-6888
Cell: (352) 303-0561
Fax: (407) 641-9324
Email: mark@Fr8mgmtlogistics.com
DISCLAIMERS
Weeks Farm Machinery does not guarantee the authenticity of listed equipment hours. Hours are listed as shown on equipment.
All items sell “AS IS WHERE IS” with no warranty. There shall be no guarantees or warranties, expressed or implied, statutory, or otherwise as to the merchantability, or fitness for any particular purpose of any goods offered in this sale. Some items sell subject to lease payoff amount. All items available for sale prior to auction. Assets are subject to additions and deletions.
It is the Bidder’s responsibility to determine condition, age, genuineness, value, or any other determinative factor. Weeks Farm Machinery Auction may attempt to describe the merchandise in advertising, on the internet and at the auction but makes no representations. In no event shall the Weeks Farm Machinery Auction be held responsible for having made or implied any warranty of merchantability or fitness for a particular purpose. Bidder shall be the sole judge of value.
Bidders who bid from off site and are not present at the live auction or preview understand and acknowledge that they may not be able to inspect an item via photos as well as if they examined it in person. It is the Bidder’s responsibility to determine condition, age, genuineness, value, or any other determinative factor. Weeks Farm Machinery Auction shall endeavor to describe in detail each item and any pertinent information about it. Weeks Farm Machinery Auction will not be responsible for any errors or omissions in the description of the merchandise. Bidder agrees that everything is sold as is and that they may not return any item they purchase for any reason.
Weeks Farm Machinery Auction is providing internet pre-auction and live bidding as a service to Bidder. Bidder acknowledges and understands that this service may or may not function correctly the day of the auction. Under no circumstances shall Bidder have any kind of claim against Weeks Farm Machinery Auction or anyone else if the internet service fails to work correctly before or during the live auction. Weeks Farm Machinery Auction will not be responsible for any missed bids from any source. Internet bidders who desire to make certain their bid is acknowledged should use the proxy-bidding feature and leave their maximum bid before the auction begins. Weeks Farm Machinery Auction reserves the right to withdraw or re-catalog items in this auction.
USING WEEKS FARM MACHINERY AUCTION, INC’S AUCTION SERVICES
By using our services, it is assumed that you have read the guidelines provided here and are expected to follow them.
AUCTION OVERVIEW AND GENERAL DISCLAIMER
All new bidder registration will need to register a credit card as a form of identification. Your card will be charged $1 to verify and immediately refunded.Weeksfarmmachinery.com is a service for buyers to bid through an online auction format. Weeks Farm Machinery Auction, Inc. (hereinafter “WFM”) may take action against a registered user for their conduct and reserve the right to exclude any company or individual from access to our services if we determine their actions to be inappropriate.
The Internet being the fragile environment that it is; WFM cannot be held responsible for server down time, or the inability to access our site through a user’s ISP. Notifications sent by WFM via E-mail may possibly take longer than expected and cannot be counted on to inform you of an item's status. In the event of any problems, we reserve the right to cancel, restart, or extend an item or a complete auction as the circumstances may dictate.
AUCTION GENERAL
The auction and related services provided by Weeks Farm Machinery Auction, Jnc. ("WFM") through the Website ("Service" or "Services") and the use of the Website and provision of the Services are governed by these Terms and Conditions (the "Terms and Conditions"). By accessing or using the Services or the Website or by registering as either a buyer or seller ("Buyer", "Seller" or "User"), you agree that (1) you have read the Terms and Conditions, (2) you understand the Terms and Conditions, and (3) you are bound by the Terms and Conditions in your use of the Services and the Website. If you do not agree to the Terms and Conditions, you may not access or use the Services or the Website. If you do not understand the Terms and Conditions, please email info@weeksfarmmachinery.com and we will do our best to answer your questions or concerns.
AUCTION REGISTRATION
All potential bidders must register online at www.weeksfarmmachinery.com or at the auction site before you can participate. Live auction events require a valid driver's license or a photo identification. WFM may, in its sole discretion, deny registration to any person or entity. You must be at least 18 years old to bid on any item. After accepting registration, refusal to permit a person's (or entity's) continuing use of the Services and the Website for any reason is at WFM’s sole discretion.
CHANGES TO SERVICES, WEBSITE, AND TERMS AND CONDITIONS
User acknowledges and agrees that WFM may change, modify, amend, suspend, or discontinue any aspect of the Services or the Website, at any time, without notice and without liability to User or to any third party. WFM reserves the right to impose limits on certain features of the Services or the Website, at any time, without notice and without liability to User or to any third party. User acknowledges and agrees that WFM may amend the Terms and Conditions (including fees and transaction rules) at any time without notice. Any amendment of the Terms and Conditions will be reflected on the Website. User is encouraged to periodically review the Terms and Conditions posted on the Website. Use of the Services and the Website constitutes acceptance of the Terms and Conditions, including any amendments.
AUCTIONS
Auctions can last up to 30 days but usually 10 to 14 days. Bidding terminates automatically at a predetermined time that will be posted in the Auction Details. All times are Eastern Standard Time Zone.
Online Only Auctions will close using an extended bidding format. This feature allows the auction to function like a live auction by extending the time by a set time increment on any item that has active bidding within the last minute of that item closing. It also allows customers with slower computer connections a fair opportunity to bid; by eliminating the bidders that use computer sniping software to place bids within the last second of an auction out bidding you.
When the auction ends, all winning bidders will be notified by e-mail within 24 hours of auction close. Please wait for your email before contacting WFM.
If the winning bidder fails to perform within three (3) business days, WFM reserves the right to contact the next highest bidder to offer the item to them, and the original high bidder may lose their place as the winning bidder. This does not relieve the original bidder of any obligations to WFM. A Non-performing Bidder will be liable for any and all losses, attorney's fees, storage, collection costs etc. due to bidder’s non-performance. WFM may, in its sole discretion, either accept what it deems to be the final bid or solicit further bids on the item in dispute. All sales are final. No returns or refunds will be permitted, unless authorized by the seller in writing. In the event of any dispute concerning the winning bid price for an asset, the record kept by WFM shall prevail.
BUYER CONDUCT
In addition to those other obligations set forth herein, Buyer acknowledges and agrees that by placing a bid on an asset, Buyer represents, warrants and covenants (1) that it shall not misrepresent its ability to close the transaction pursuant to the terms and conditions of sale, and in accordance with these Terms and Conditions, (2) that it has the capacity to close the transaction, (3) that it has actual authority to enter a bid, and to enter into an agreement to purchase the asset, and (4) that any bid that is made on an item constitutes an irrevocable offer to buy the item for the full amount of the bid.
TAXABLE INDIVIDUALS
The Owner(s) warrants, guarantees, and covenants with the purchaser that he is the true and lawful owner(s) of the described property; that this is a bonafide transaction and that this unit is not stolen. The purchaser agrees that any representations made by the owner(s) of the above described property shall not be binding upon Weeks Farm Machinery Auction. It is understood by the purchaser that Weeks Farm Machinery Auction is only interested in said property as auctioneer seller, and it is agreed that said company is in no way liable or responsible for the title to or condition of said property. The said sale is solely a transaction between the owner(s) and said purchase and said auction company is hereby released and forever discharged from any and all liability in connection herewith. It is understood by the purchaser that Weeks Farm Machinery Auction, Inc is not responsible for accidents, theft, or fire nor warranties, guarantees, safety modifications, product improvement, or faults and/or defects of machinery. The buyer hereby agrees that he has this day examined, accepted in its present condition, and received the above described property. The buyer agrees that he has purchased these items as is, where is and that Weeks Farm Machinery Auction, Inc is not responsible for any items left on the sale premises after the Deadline Removal Date.
RESALE DEALERS
The taxable items described on the attached invoice will be resold, rented, or leased by me in their present form, or attached to other taxable items to be sold.
I understand that if I make any use of the items other than retention, demonstration or display while holding them for sale, lease or rental, I must pay sales tax on the items at the time of use based upon either the purchase price, or the fair market rental value for the period of time used,
I understand that it is a criminal offense to give a resale certificate to the seller for taxable items that I know, at the time of purchase, are purchased for use rather than for the purpose of resale, lease, or rental and, depending on the amount of tax evaded, the offense may range from a Class C misdemeanor to a felony of the second degree.
EXPORTERS
I understand I will be liable for payment of sales or use taxes which may become due for failure to comply with the provisions of the Tax Code. I understand that it is a criminal offense to give an exemption certificate to the seller for taxable items that I know, at the time of purchase, will be used in a manner other than that expressed in this certificate and, depending on the amount of tax evaded, the offense may range from a Class C misdemeanor to a felony of the second degree.
Purchasor claims an Exemption for the following reason: Exportation or Farm Exemption
For Tax Exemption by Exportation, the Purchasor understands that he is required to provide Weeks Farm Machinery with a Bill of Lading from the Purchasor's Common Carrier at the time of equipment removal.
For Tax Exemption by Farm Exemption, the Purchasor understands that he is required to provide Weeks Farm Machinery Auction with a copy of his G.A.T.E. Card at time of purchase.
AUCTION BIDDING
In order to bid in an auction, you must first register with WFM. On every item in an auction, a minimum bid and a minimum increase (also called "bid increment") is set by our system. Our software will not accept a bid lower than either the opening bid, or the current bid plus the minimum increment (increase). If an inappropriate bid is placed, a bidder will be notified immediately that their bid was not accepted and provided with an option to correct the bid. Any current high bidders who are overbid at this time will receive notification by E-mail.
On items with a quantity of one (1), a Maximum Bid may be placed when bidding on an item (this is sometimes called a "proxy bid"). A Maximum Bid is confidential and will be used by our system to increase your bid automatically in the case you are outbid by another user. Our system will only bid high enough to outbid the current high-bidder, according to the minimum bid increment (increase). This can be a very nice feature, because it allows the system to bid on your behalf, so you don't have to constantly monitor an auction.
Bidders shall examine or inspect items prior to the end of the auction. Inspection days are in place for every auction, contact us for special requests.
ALL ITEMS ARE SOLD AS IS, WHERE IS AND WITH ALL FAULTS
WFM makes every attempt to collect and disclose as much information for each item as possible. All information deemed reliable but not guaranteed.
Assets are intended to be sold without software, if any is applicable. In the event that a Seller's software is included in an asset sale, notwithstanding the disclaimers set forth above, WFM makes no representations or warranties regarding the Buyer's right to use such software, as to the performance of the software, its non-infringement or otherwise.
WFM relies on information about assets in the auction provided by the seller. WFM undertakes no investigation of that information, and makes no representation or warranty concerning the truth or completeness of that information. Photographs are provided solely for the bidders' convenience and shall not be construed to create representations or warranties of any kind pertaining to the assets. Buyer acknowledges that it has had the opportunity to inspect all assets prior to tendering its bid and waives any and all claims against Auctioneer and/or seller relating to asset photographs or descriptions.
WFM provides the Services and the Website so that Sellers may offer assets for sale and Buyers may place offers to purchase these assets. WFM is not an agent of Buyer or Seller. WFM does not have the power to transfer title to any assets offered by Sellers. Additionally, WFM makes no representation or warranty of any kind as to the willingness or ability of either Buyer or Seller to complete a sale in WFM provides the Services and the Website so that Sellers may offer assets for accordance with the Agreement. Buyers and Sellers are solely responsible for independently verifying the background and credit-worthiness of those Users with whom they enter into, or with whom they prospectively will enter into, a transaction, as well as the condition or any description of an asset involved in a prospective transaction.
Auctions may be run with reserve prices. The reserve price is the lowest price the seller is willing to accept for the item. The reserve price is not disclosed to bidders. This feature enables the seller to list their items at a lower starting price without being obligated to sell the item until bidding reaches their reserve level. This is usually done to encourage bidding on an item.
In the event of any dispute regarding any transaction conducted through use of the Services or the Website (a "Dispute"), User hereby releases WFM, its affiliates and subsidiaries, and their respective directors, officers, employees, agents, shareholders, co-branders, partners, successors and assigns (the "Released Parties"), and each of the foregoing, from any and all manner of action, claim or cause of action or suit, at law or in equity, and from any and all losses, damages, costs or expenses, including without limitation court costs and attorneys' fees, which User may have against the Released Parties, or any of them, known or unknown, disclosed or undisclosed, which arise out of or relate in any way to a Dispute.
USER CONDUCT
User is solely responsible for all conduct and transmissions that take place under its User name and password. Without limiting the foregoing, User represents, warrants, and covenants that its use of the Services and the Website shall not:
(a) violate any applicable local, state, national or international law, statute, ordinance, rule, or regulation. Without limiting the foregoing, User represents, warrants, and covenants that it will not sell or buy any assets that may not be lawfully offered for sale or purchase in the United States and that User will not export from the United States any asset in violation of U.S. law. Certain items offered for sale at an auction may constitute 'Restricted Technology.' Under federal law, such items may not be shipped outside of the United States. WFM makes no representation or warranty concerning, and has conducted no investigation to ascertain which items, if any, constitute Restricted Technology;
(b) interfere with or disrupt computer networks connected to the Service or the Website;
(c) impersonate any other person or entity, or make any misrepresentation as to User's employment by or affiliation with any other person or entity;
(d) forge headers or in any manner manipulate identifiers in order to disguise the origin of any User Information;
(e) interfere with or disrupt the use of the Services or the Website by any other User, nor "stalk", threaten, or in any manner harass another User;
(f) upload, post, transmit, publish, or distribute any material or information which contains a computer virus, or other code, files or programs intending in any manner to disrupt or interfere with the functioning of the Services, the Website, or that of other computer systems;
(g) use the Services or the Website in such a manner as to gain unauthorized entry or access to the computer systems of others;
(h) upload, post, transmit, publish, or distribute any material or information which constitutes or encourages conduct that would constitute a criminal offense, give rise to other liability, or otherwise violate applicable law;
(i) upload, post, transmit, publish, or distribute any material or information that is unlawful, or which may potentially be perceived as being harmful, threatening, abusive, harassing, defamatory, libelous, vulgar, obscene, or racially, ethnically, or otherwise objectionable; or
(j) reproduce, copy, modify, sell, distribute, or otherwise exploit for any commercial purposes the Services or the Website, or any component thereof (including, but not limited to any materials or information accessible through the Website).
BUYER CONDUCT
In addition to those other obligations set forth herein, Buyer acknowledges and agrees that by placing a bid on an asset, Buyer represents, warrants, and covenants...
(a) that it shall not misrepresent its ability to close the transaction pursuant to the terms and conditions of sale, and in accordance with these Terms and Conditions,
(b) that it has the capacity to close the transaction,
(c) that it has actual authority to enter a bid, and to enter into an agreement to purchase the asset, and
(d) that any bid that it makes on an item constitutes an irrevocable offer to buy the item for the full amount of the bid. WFM may, in its discretion, offer the assets for sale by the piece or by the lot. In addition, WFM may augment this auction with assets from various sellers. These assets may be interspersed throughout the auction. The seller has the right to remove assets from the auction either before or after bidding has completed. In the event of a removal after bidding has been completed, the purchaser's sole remedy shall be the refund of any purchase price actually paid. WFM will announce any additions to or deletions from the catalog on the day of the auction. WFM and the seller assume no responsibility for and make no representations or warranties concerning, descriptions of assets contained in marketing materials for the auction. It is the bidder’s obligation to verify such descriptions prior to the auction. Neither WFM nor seller shall be liable for any damages of any type or nature (whether in contract, tort, or otherwise) sustained or claimed by any bidder or any other person or entity in connection with the auction. Without limiting the foregoing, in no event shall WFM liability to any bidder for any act or omission occurring in connection with the auction exceed the amount that such bidder has actually paid to WFM as a deposit or as payment for a purchased item.
AUCTION CLOSING AND PAYMENT
Each auction has its own ending time listed on the bidding form. Auctions end automatically at this time. Notifications are sent out to the winning bidders. WFM may, in its discretion, charge a buyer's premium or other service charge on assets sold. All such charges will be indicated in the relevant auction brochure, or other clearly marked area of the Website. If charged, the buyer's premium shall be a % of the sales price of each asset sold and shall be collected by WFM directly from each successful bidder, in addition to the purchase price as bid.
WFM will announce the removal, or "check-out," period on the day of the auction in the case of a live event. Online auctions will have the details posted on the auction event detail page. WFM shall have no responsibility to disconnect utilities to the sold asset, including electric, gas, waste and water lines. It is the purchaser's sole responsibility to arrange and pay for the removal and shipment of purchased items. Also, it is the purchaser's responsibility to provide, and/or ensure their agents performing removals on their behalf provide, upon demand, evidence of the following insurance policies with reliable insurance companies, and in the following amounts: $2,000,000 combined single limit, $1,000,000 property damage and $1,000,000 comprehensive general liability with contractual liability in the case of all riggers; and $500,000 cargo and $1,000,000 comprehensive general liability in the case of carriers; and such other insurance as may be required by any governmental authority, including workers' compensation insurance. Removal shall be conducted responsibly and with due care for the seller's premises. The purchaser shall restore and repair all real and personal property that is altered or damaged as a result of the removal of purchased items. If the purchaser does not remove an item within the announced check-out period, WFM and the seller may, in their sole discretion, deem the item to have been abandoned by the purchaser and the purchaser will have no further rights with respect to the item. Notwithstanding the foregoing, WFM and the seller reserve the right to charge the purchaser for the costs of storage beyond the check-out period.
Bidders acknowledge that an auction site is a potentially dangerous place. Flammable, noxious, corrosive, and pressurized substances may be present. Heavy equipment may be operated, and electrical circuits may be live. Every person enters the auction site at his or her own risk with notice of the condition of the premises and the activities that will be or have been conducted on the premises. Bidders shall so advise their agents and employees. No person shall have any claim against WFM, the seller or their respective agents or employees for any injuries sustained or for damages to or loss of property that may occur at the auction site.
It is the purchaser's sole responsibility to meet all governmental safety and environmental standards in removing, shipping, and using purchased items. Certain of the items for sale may contain 'hazardous substances,' as that term is defined under federal, state, or local environment laws and regulations. WFM has no duty to remove any hazardous substances that are contained in or are a part of any item. Purchasers agree to defend (by counsel satisfactory to WFM and indemnify WFM and hold WFM harmless from and against any claim, demand, cause of action, liability, or expense (including attorneys' fees and costs) asserted against or incurred by WFM in connection with the sale, removal, shipment or use of any purchased items.
TECHNOLOGICAL 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, continue, suspend, delay, extend, reschedule, or close the Auction because of disruptions caused by technology failures, even after bidding has commenced.
FAILURES BY ONLINE AUCTION PLATFORM PROVIDER AND ITS AFFILIATES OR CONTRACTORS
Auctioneer may use an Online Auction Platform Provider to facilitate the Auction. Under no circumstances will Auctioneer be liable for any failure of the Online Auction Platform Provider to perform all or any of its obligations, or for the failure of any affiliates, employees, agents, representatives, or contractors of the Online Auction Platform Provider to perform their obligations.
DISCLOSURE
As detailed in Rule 55-10-.01 (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 are in explicit terms put up at absolute auction. According to Rule 55-10-.01 (4)(b) Weeks Farm Machinery Auction 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.
CONSENT TO JURISDICTION
YOU agree that the exclusive jurisdiction of any and all disputes arising out of an auction, purchase or sale of goods as described herein shall be the Superior Court of Colquitt County, Georgia. YOU hereby irrevocably waive your right to a trial by jury.
LIMITATION ON LIABILITY
YOU hereby irrevocably waive any claim for speculative or consequential damages, including, but not limited to, claims for lost profits, loss of opportunity and loss of goodwill.
INDEMNITY AND HOLD HARMLESS
YOU hereby agree to indemnify and hold harmless Weeks Farm Machinery Auction, Inc. and its employees, agents and subcontractors for any and all claims, expenses and damages, including without limitation all attorney’s fees and legal costs, arising out of or pertaining to any claim, lawsuit or dispute relating to or concerning any auction, purchase or sale of goods as described herein.
ACCEPTING TERMS
These Terms and Conditions, and all questions with respect to the interpretation of these Terms and Conditions, shall be governed by and construed in accordance with the internal laws of the State of Georgia, without regard to conflict of law’s provisions. All bidders expressly consent to personal and exclusive jurisdiction in the courts of the State of Georgia located in Colquitt County.
I Have Read, understand, and agree with all the Terms & Conditions stated above, and any auction specific terms posted. I am at least 18 years of age and legally able to enter into agreements to purchase under contract.
Signature: ________________________________________________
Printed Name: _____________________________________________
Company Name: ___________________________________________
Title: _____________________________________________________
Date: ____________________________________________________
