Personal Property Terms & Conditions
Rome, Floyd County, GA
CONDITIONS OF SALE: Dempsey Auction has entered into a contract with Garrett Jones as agent of Cornerstone Concrete Development, LLC, TO OFFER AT AUCTION miscellaneous equipment, trucks, and trailers.
All personal property is selling “AS IS, WHERE IS” free and clear from all liens and judgments. It is offered for sale and sold “AS IS and WITH ALL FAULTS, IF ANY” without representation or warranty of any kind as to their condition. No warranties, either statutory or otherwise, expressed or implied, including those as to the fitness for a particular use, purpose, or merchantability, concerning the property are given by the Auctioneer or Seller. Neither the Auction Company nor the Auctioneer makes any representation concerning the property whatsoever. All bidders acknowledge and agree by their participation in the Auction, that he/she has inspected the Property, has had the opportunity to inspect the Property and has declined, or has not inspected the Property at all, and in any event, is not relying on any warranty or representation of the Seller, Auctioneer or any agent thereof. No claim will be considered for allowance, adjustment, or rescission of any sale based upon the failure of the property to correspond to any particular standard of expectation.
We require all bidders to register and obtain a bid number in order to participate in the bidding process. As far as possible, the auction will proceed in numerical sequence; however, it shall be at the Auctioneer's option to consolidate or break down lots or quantities offered and sell lots out of scheduled numerical sequence.
All decisions of the Auctioneer will be final, including the increments of bidding, disputes among bidders, or any other issues that might arise before, during, or after the auction. In the event of a tie bid, the Auctioneer shall have the right to reopen the bidding to determine the highest bidder between the tie bidders only.
While quantities and descriptions are believed to be correct, neither the Auctioneer nor the Sellers make any guarantees and will not be held responsible for listings, or advertisement inaccuracies or discrepancies. Please inspect the merchandise, as no adjustment will be made for errors in description or quantity estimate. Be sure you bid on the lots you wish to buy. We cannot correct any errors on your part.
Upon the award of bid, title and all risk of loss, damage to or destruction of the purchased item, passes to the Purchaser, and the Auctioneer nor Seller shall have any liability whatsoever for any damages to or destruction of any such lots. Dempsey Auction Company is not responsible for equipment left on premises upon completion of the auction. Buyers are advised to remove their purchases as soon as possible or obtain insurance for potential loss.
It shall be the prerogative of the Auctioneer, at his discretion, to have the right to call upon any bidder at any time during the auction sale to pay 25% bid deposit of their purchases during the auction sale. The decision of the Auctioneer shall be final in all matters pertaining to property removal and/or extent of contents of lots sold, etc.
DISCLAIMER: Participation in the Auction is at Bidder’s sole risk and Seller and Auctioneer, plus their agents, assigns, attorneys, contractors, directors, employees, members, officers, representatives, and successors will have no liability or responsibility of any kind or amount whatsoever to a Bidder or any other. The Property will be offered “AS IS,” WHERE IS, WITH ALL FAULTS, LIMITATIONS, AND CONDITIONS, as well as with all burdens, circumstances, dangers, defects, hazards, issues, material facts, problems, and other relevant matters, whether latent or patent, whether known or unknown, whether suspected or not, whether observable by casual inspection or not, whether past, present, or future, whether material facts or not, and whether or not referenced herein, and with no adjustment, allowance, change, repair, or revision whatsoever to be made or paid for by Seller or Auctioneer.
Seller and Auctioneer do not make any agreement, guarantee, promise, representation, or warranty, whether expressed, implied, or otherwise, whether oral or written, whether past, present, or future, and whether or not referenced herein, with respect to the Property, these Terms of Auction, the Auction, Property Issues, the Sale Contract, the transaction contemplated herein, or any related matters (individually or collectively herein “Overall Transaction”), except as expressly stated in the Terms of Auction or the Sale Contract, plus any additions, deletions, and/or other revisions to these two documents, and neither Seller nor Auctioneer will be bound, liable, or responsible in any manner or amount whatsoever for any oral or written advice, information, opinion, representation, or statement furnished, made, or published by any other person including, but not limited to, any agent (including, but not limited to, a real-estate agent or broker), assign, attorney, broker, director, employee, member, officer, representative, shareholder, or successor.
Bidder understands, agrees, and voluntarily accepts that online bidding in the Auction involves multiple and complex systems (e.g., communication, computer, electric, electronic, equipment, hardware, mechanical, operation, server, software, switching, transmission, etc.), service and other providers, utilities, vendors, websites, and third parties, and Seller and Auctioneer will have no liability or responsibility whatsoever to a Bidder, Buyer, or anyone else for any cost, damage, expense, harm, injury, or loss which arises from, or relates to, any act, Act of God, action, breakdown, circumstance, computer virus or the like, condition, damage, defect, delay, disruption, error, event, failure, flaw, interruption, issue, malfunction, mistake, negligence, omission, operation, outage, problem, or inability of any kind that adversely affects the Auction or any Bidder or Buyer including, but not limited to, a Bidder or Buyer being unable to use the Auction Website, or access or use the materials posted on the Auction Website, or timely submit a Bid, or Auctioneer not timely receiving, recognizing, accepting, handling, or acting on such bid. This disclaimer, exclusion, and limitation will be given full force and effect even if Auctioneer had notice that such an issue or problem might exist and failed to timely investigate and/or correct it.
Every Bidder and Buyer, as well as everyone claiming by, through, or under such person, fully, knowingly, irrevocably, unconditionally, voluntarily, and finally waives, discharges, and releases Seller and Auctioneer, including their agents, assigns, attorneys, brokers, directors, employees, members, officers, representatives, shareholders, and successors, from any and all actions, arbitrations, claims, costs, damages, deficiencies, expenses, harm, injury, liability, losses, suits, or other demands of every kind, and all related issues that a Bidder or Buyer may now have, or hereafter acquire, and which arise from, or relate to, any act, error, event, circumstance, condition, or omission that relates to the Overall Transaction, whether known or unknown, whether suspected or not, whether observable by casual inspection or not, whether past, present, or future, whether material facts or not, and whether or not referenced herein.
AUCTION: The Property is subject to being sold at any time and may be withdrawn by Seller or Auctioneer from this offering or the Auction due to such sale or for any other reason, as determined within the sole discretion of Seller or Auctioneer. For some Properties, pre-auction bids may be submitted at the Auctioneer’s site. All pre-auction sales shall be governed by the Terms of Auction.
Online bidding will be made available on as “AS IS” AND AS AVAILABLE basis and Seller and Auctioneer make no guarantee, representation, or warranty, of any kind regarding the online-bidding platform (including, but not limited to its merchantability, fitness, or suitability for a particular purpose), or that Bidder will be able to accurately and timely access it and bid as desired or needed, or with regard to the timely, correct, and uninterrupted transmission of each bid, or Auctioneer’s receipt and timely acceptance, handling, and notation of such bid.
The Property is scheduled for an ONLINE AUCTION SELLING SUBJECT TO OWNER CONFIRMATION, whereas the Property will be sold to the final and highest respective Bidder at the Auction, subject to owner confirmation, reserving the right to hold all offers open for 48 hours upon conclusion of auction. Auction Team may bid on Seller’s behalf up to the amount of the Seller’s reserve price. Bidding on behalf of the Seller assists Sellers and Buyers with establishing an agreed-upon sales price. Auctioneer’s discretion in conducting the Auction includes, but is not limited to, the Auction method, manner of bidding, acceptable bid increments, and determining a Buyer for the Property. The decision of the Auctioneer is final regarding all matters that arise before, during, and after the Auction, including but not limited to resolving any dispute between Bidders. DAC reserves the right to modify the Bid Increment at any time prior to the close of the auction. DAC reserves the right to offer the property any way we see fit to obtain the seller the most money.
Bidder unconditionally and irrevocably authorizes Auctioneer to receive, on Bidder’s behalf, all bids made in the Auction by anyone using Bidder’s name, assigned Bidder Number, log-in, or other means of identification of Bidder, and Bidder affirms and ratifies all such bids as being Bidder’s authorized, valid, and legally binding bids. ANY AND ALL BIDS MADE ARE IRREVOCABLE.
The Auction is a timed event that is scheduled to begin on the “Starting Date” and tentatively end on the “Scheduled Ending Date and Time” that are listed in the heading at the top of page one of the Terms of Auction; however, for a bid received just before the Scheduled Ending Date and Time, an automatic extension feature in the software for the online bidding platform will extend the Scheduled Ending Date and Time and keep the Auction open for an additional five (5) minutes beyond the time that the last bid was received, and this process will repeat every time a subsequent bid is received until no additional bid is received within five (5) minutes of the last bid received, at which point the software will cause the Auction to end and be closed to any further bidding.
In the event of any software problem, mistake, or any other reason, Dempsey Auction reserves the right to extend the closing times, stop, restart, or cancel this auction at its sole discretion.
A purchase of the Property will be considered a single transaction, whether of the whole or a fraction of the Property. The sale of any fraction of the Property will not be contingent upon the sale of any other portion thereof, whether or not purchased by the same Buyer. Bidder warrants not to do anything in relation to the Property or Auction that would be illegal, and also not to use any device, routine, software, technique, or other means that might disrupt or otherwise interfere with the proper function of the Auction Website, the conduct of the Auction, Bidders bidding in the Auction, or the operation of the online bidding platform and related software.
PAYMENT: All purchases shall be paid for in full on sale day by cash, credit/debit card, certified check, or personal/company check with bank letter guaranteeing payment to DEMPSEY AUCTION CO, for this specific auction.—NO EXCEPTIONS. A 13.5% Buyer’s Premium (3.5% cash/check/wire transfer discount) will be added to the final bid to determine the sales price.
SALES TAX: 7% Sales tax must be paid on the full purchase price (full purchase price consists of bid price plus buyer’s premium) unless you hold a valid sales tax exemption certificate and execute a sales tax exemption form or have a valid GATE card. Sales tax WILL NOT be collected on any farm items with a valid GATE Card.
VEHICLE TITLES: All vehicle titles will be sent by certified mail within 10 business days from sale date. Please inform the Bookkeepers how you would like your vehicle titled. Sales tax WILL NOT be collected on vehicle purchases; it will be paid at the time of tag application
CHECKOUT: NO Purchases may be removed until the conclusion of the auction, and NO items may be removed without a PAID receipt. Checkout times will be on July 23rd from 8:00 AM to 4:00 PM. All other times must be coordinated with the Auctioneer. YOU MUST HAVE A PAID RECEIPT TO REMOVE ITEMS – NO EXCEPTIONS!!
BUYER’S NOTE: Dempsey Auction Company and the Seller reserve the right to amend any terms and conditions of the auction by announcing such amendments prior to or during the auction. All information published, announced, or contained herein was derived from sources believed to be correct; however, it is not guaranteed by the Seller or the Auctioneer. Neither the Auctioneer nor the Seller makes any warranty or guarantee as to the correctness and completeness of any information. Personal on-site inspection of the property is recommended. The failure of any bidder to inspect, or to be fully informed as to the condition of the property, will not constitute grounds for any claim or demand for adjustment or withdrawal of bid, offer, or earnest money after its opening tender. Any and all announcements made from the auction stand take precedence over all other verbal, printed, announced, and/or distributed information.
Buyer/Bidder(s) agree that ALL equipment, vehicles, scrap and personal property of any kind whatsoever shall be removed from the auction site within the specified timeframe as published above and announced at the auction. Auction company nor the estate shall have any liability whatsoever related to the security or condition of the property referenced herein and all responsibility for security, insurance and protection is the responsibility of the buyer. Buyer shall be responsible for restoring any damage they may cause to the real estate as a result of their actions in removing the property. Any personal property, scrap or equipment remaining on the property after the pickup period shall be considered abandoned no later than August 22nd, 2026, and buyer/bidder(s) exclusively surrenders and relinquishes any right, ownership interest, and/or possession to the property owner for which the property in question is located.
DUE DILIGENCE: Seller and Auctioneer do not attempt to provide Bidder with the information that Bidder needs to make an informed decision about the Auction and the Property. Bidder should obtain professional advice, physically inspect the Property, and conduct due diligence on the Property (including, but not limited to, all analysis, appraisal, and evaluation Bidder deems advisable or necessary), any occupancy of it, title commitment (available from Auctioneer online at WWW.DEMPSEYAUCTION.COM), surrounding area, all information made available by Seller or Auctioneer, “Property Information Package” (available from Auctioneer online at WWW.DEMPSEYAUCTION.COM), public records, Terms of Auction, Sale Contract, transaction contemplated, and all circumstances, defects, facts, issues, problems, and other relevant matters (collectively “Property Issues”). All information made available or provided by Auctioneer came from Seller and/or a variety of other sources and neither Seller nor Auctioneer has made any independent inspection, investigation, or verification of it and they make no representation or warranty whatsoever as to its accuracy, correctness, or completeness.
Neither Seller nor Auctioneer has any duty or other obligation to disclose to Bidder any information that either might know which relates to the Property, except as is required by law, and neither will have any liability or responsibility of any kind or amount whatsoever to a Bidder, Buyer, or any other for failure or refusal to do so. Bidder should not rely upon any information from any source (including, but not limited to, amenities, appraisals, assessments, condition, configuration, construction, defects, desirability, dues, encumbrances, economic, environmental, fines, floor plan, habitability, hazards, health, improvements, layout, legal, liens, penalties, physical, quality, risks, safety, sizes, square footage, rooms, suitability, use, value, zoning, or any other) without independent inspection and verification made by Bidder with sources Bidder knows to be informed and reliable. Bidder’s reliance on any and all information is solely at Bidder’s risk.
Bidder has either performed all inspections and other due diligence that it deems necessary in advance of bidding in the Auction, or Bidder understands and fully accepts the risk of not having done so, and Bidder’s participation in the Auction is unequivocal and voluntary agreement and acceptance of this. No Property will be open for inspection or other access following the Auction and through the time of closing of the sale (“Closing”). Seller and Auctioneer are not required to update any information that they make available, provide, or publish, and they will have no liability or responsibility of any kind or amount whatsoever to a Bidder or any other for failing to do so.
COLLUSION: Bid rigging is a federal felony punishable by imprisonment and fine. Auctioneer will report any suspected illegal conduct to the F.B.I. and cooperate with any prosecution.
COPYRIGHT: The Auction is the exclusive intellectual property of Auctioneer, covered by copyright protection, and may not be recorded, reproduced, or used in any form by anyone other than Auctioneer.
ARBITRATION: Any action, claim, controversy, counterclaim, dispute, or proceeding arising out or related to the Auction, offering or sale of the Property, or any matter related to the Overall Transaction and involving Seller, Bidder, Buyer, or Auctioneer, in any combination, whether controlled by federal or state law, and whether an issue of law or equity, including the determination of the scope and applicability of this agreement to arbitrate, will be determined and resolved exclusively by final and binding arbitration, with no appeal permitted, except as provided by applicable law for the judicial review or enforcement of arbitration decisions. The arbitration will be administered by Judicial Arbitration and Mediation Services, Inc., or its successor, and decided by a panel of three (3) independent arbitrators, except that a Party may elect to reduce the number of arbitrators from three (3) to one (1), unless that election is opposed by another Party in a written objection timely filed with JAMS. Judgment on the arbitration award may be entered in any court having jurisdiction.
THE PARTIES WAIVE THE RIGHT TO ANY LEGAL ACTION AND TRIAL BY JURY. The costs of arbitration, including the fees and expenses of the arbitrators, but not including the Parties’ attorneys’ fees, will initially be paid equally by them. The prevailing Party will be entitled to collect from the other its full costs associated with the arbitration, including reasonable attorneys’ fees. All aspects of any arbitration will be permanently kept confidential and not disclosed in any form or manner to any entity, media, or person, and the Parties will jointly move the court entering judgment on the arbitration award to so order.
Any arbitration must be commenced within two (2) years from the date when the cause of arbitration accrues, or it will be forever barred. The right of arbitration will accrue, and the two (2) year limitation period will begin to run, on the date the breach, damage, or injury is sustained and not when the resulting damage or harm is discovered.
To the fullest extent allowed by law, neither Seller nor Auctioneer will be liable for any consequential, exemplary, incidental, indirect, punitive, or special loss or damage (including, but not limited to, damage to property or loss of use, time, income, or profits) that might arise out of the Auction, offering or sale of the Property, or any matter related to the Overall Transaction. Seller’s and Auctioneer’s total and collective liability and responsibility of every kind to a Bidder or Buyer (including, but not limited to, claims in contract, tort, and otherwise), in relation to the Overall Transaction, will not exceed the amount that Bidder or Buyer paid to access the Auction Website.
CHOICE OF LAW, JURISDICTION, AND VENUE: Any issue or matter arising out of, or related to, the Overall Transaction will be exclusively construed and governed in accordance with the laws of the State of Georgia without regard to its conflict of laws principles. The exclusive jurisdiction and venue for any controversy or claim between the Parties will be the County in which the property purchased resides, in the State of Georgia.
