BRANTLEY D. O’NEAL ESTATE
Quality Tools, Equipment,
Household Contents & More!
Bidding Terms & Conditions
Online Only Bidding for the auctions will close on the dates as indicated on the TheWeeksGroup.com website.
Bidding will begin closing on each auction at the times specified above at the rate of 2 item per minute. The closing time of each lot is subject to The Weeks Group’s internet bidding platforms auto-extend feature. When time remaining to bid on an item falls below three minutes, a new bid being placed on that item will result in the bidding clock being reset to three minutes. Auto-extend bidding will continue on an item by item basis until such time as no further bids are received.
To simplify the bidding process, we encourage bidders to download The Weeks Group mobile bidding App, available in the iTunes App Store or on Google Play.
Inspection Dates & Times:
Monday, January 8th, from 12:00 PM – 2:00 PM.
Items are located at 6017 Elliott Drive Albany, GA 31705. Please see the auction catalog for specific location of each auction
General Auction Terms:
This is an Online Only 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.
All auction items sell “as is, where is” with no guarantees or warranties either expressed or implied. Descriptions of the auction items are believed to be correct and accurate and are provided in good faith but are matters of opinion and not guaranteed by the seller nor The Weeks Group. Bidders must rely solely on their own judgment as to condition, grade, authenticity and accuracy of descriptions prior to placing a bid. By placing a bid, purchasers acknowledge and agree to all terms of the auction and agree not to retract their bid. Bidders that cannot satisfy the terms of the auction should not bid. All auction purchases are considered to have been verified by the purchaser as to condition, grade and authenticity prior to the purchaser placing their winning bid.
For purchasers paying by credit card a 18% Buyer’s Premium will be added to your bid price to determine the final sales price of the items purchased. We accept Visa, MasterCard and Discover.
For purchasers paying by cash, check, cashier’s check or wire transfer a 15% Buyer’s Premium will be added to your bid price to determine the final sales price of the items purchased.
A copy of the Check Issuer's Driver's License must accompany personal or business checks. In the event that a check is returned for insufficient funds, the Check Issuer will have 24 hours to provide The Weeks Group with immediately available funds. Failure to perform will result in The Weeks Group following procedures pursuant to OCGA 16-9-20.
Sales tax of 8% will also be charged on the final sale price. Dealers buying for resale may be exempt from paying sales tax by providing The Weeks Group with your sales tax number and executing a sales tax exemption form.
Buyer’s Premium Example:
Bid Price: $100.00
13% Buyer’s Premium $ 15.00
Total Purchase Price $115.00
The total purchase price is subject to 8% sales tax!
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:
For Tax Exemption by Exportation, the Purchaser understands that he is required to provide The Weeks Group, LLC with a Bill of Lading from the Purchaser's Third Party Common Carrier at the time of equipment removal.
For Tax Exemption by Farm Exemption, the Purchaser understands that he is required to provide The Weeks Group, LLC with a copy of his G.A.T.E. Card at time of purchase.
Purchasers under Farm Exemption or Exportation Exemption understand they 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. Purchasers understand that it is a criminal offense to give an exemption certificate to the seller for taxable items that they 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.
For Dealer Exemption by Resale Exemption, the Purchaser understands that he is required to provide a photo copy of his/her Sales Tax & Use Certificate of Registration with a signed ST-5 form or ST-4 form applicable for the transaction.
Dealers confirm that 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. Dealers understand that if they make any use of the items other than retention, demonstration or display while holding the items for sale, lease or rental, Dealers 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. Dealers understand that it is a criminal offense to give a resale certificate to the seller for taxable items that they 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.
If YOU are certified as the Winning Bidder on a Lot by the Auctioneer, YOU will be contractually obligated to pay the Contract Price for that Lot (including the Hammer Price and the Buyer’s Premium); however, title and ownership of the Lot will not pass from the Seller to YOU until payment is made and clears. If YOU fail to pay for your purchase(s) within three days after the Auction, YOU will be deemed to have abandoned any interest in the Lot(s), and the Lot(s) may be re‐sold at a subsequent auction. The Auctioneer and/or Seller may, at any time, commence a lawsuit against you for the Contract Price of the Lot(s) (including the Hammer Price and/or the Buyer’s Premium). Additionally, YOU will be liable for any shortfall or deficiency on the re‐sale of the Lot(s), plus the costs incurred in connection with re‐selling the Lot(s). Under no circumstances will you be entitled to any surplus from the re‐sale of any Lot(s).
The Weeks Group reserves the right to charge the purchasers 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.
All titled trailers and motorized vehicle purchases transacted at The Weeks Group, LLC. 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 any applicable shipping costs. 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 or Non-Resident Purchaser. ETR and Title Processing Fees are subject to change at the discretion of The Weeks Group, LLC 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 The Weeks Group, LLC 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. The Weeks Group, LLC 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 The Weeks Group, LLC 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 in some cases. If you are eligible to apply for a G.A.T.E. Card, complete this G.A.T.E. Card Application.
The accepted forms of payment for titled items are Cash, Cashier’s Check or Wire Transfer. Personal or Business Checks, Money Orders, Debit Card, Financing and/or Credit Card payments will not be acceptable forms of payment for titled items. 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. Payment is required the day of purchase: No exceptions. Titled Items may be removed from premise once The Weeks Group, LLC receives confirmation from The Weeks Group, LLC’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 The Weeks Group, LLC’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.
Pickup of Auction Purchases:
NO pickup will be allowed without a PAID IN FULL invoice. Payment can be made Online through The Weeks Group App, calling the office at 229-891-7653, or onsite at time of pickup.
Pick-up for items included in this series of auctions will be at 6017 Elliott Drive Albany, GA 31705 during the following times:
Wednesday, January 10, from 9:00 AM – 4:00 PM
Pickups will be handled by appointment. Following each auction, a link to sign up for a pickup appointment will be sent through the SignUp Genius App. Customers with appointments will take priority over those without appointments. Anyone not having an pickup appointment will be handled as time permits following those with an appointment and will be on a first come first served basis. Wait times can sometimes be long.
It is the responsibility of the purchaser to pack and remove all items from the auction site. The Weeks Group will not provide assistance with packing, lifting, or loading of items. The Weeks Group, LLC nor the seller will be responsible for any items broken during purchaser's load out. Please bring you own boxes and packing material.
The Weeks Group personnel will be onsite to facilitate a smooth and orderly pickup. We ask that all purchasers be respectful and realize that the safety and security of your auction purchases is of upmost importance.
Any item not picked up in a timely manner, may be subject to additional storage fees per item. For any load out / pick-up concerns please contact our office at (229) 891-7653.
Failure to Pick‐up or Arrange for the Delivery; Abandoned Property; Storage:
By utilizing THE Weeks Group 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. THE weeks group, LLC 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 THE weeks group, LLC relating to any such damage.
General Auction Terms:
The Weeks Group 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.
The Weeks Group 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.
The Weeks Group 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.
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.
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) The Weeks Group, LLC 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 The Weeks Group, LLC 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.