Bidders Contract: Buyer’s signature on bid card or acceptance of terms online constitutes a binding agreement by the buyer that he or she will abide by the terms and conditions of the sale written herein and set forth by the Auctioneer and the auction company. Children should stay with parents at all times. Parents-Please do not allow you children to run loose on auction property or allow them to play on or with the auction items. 1.All bidders are required to register prior to the auction. The Auctioneer reserves the right to reject the bid of anyone who is not a registered buyer. 2.At the time of sale, the buyer’s number and price of item sold is announced by the Auctioneer. No Changes in price or quantity can be made by anyone but the Auctioneer, and at that time only. In any dispute over price, quantity or between bidders, the auctioneer reserves the right to settle any and all such disputes and his decision is final. 3.Announcements made by the Auctioneer on the day of the sale take precedence over any printed matter pertaining to this auction. Despite our efforts to avoid withdrawal of items from the sale list after they are advertised, it may sometimes be necessary. Therefore, the owner reserves the right to do so. 4.Representatives of the Seller will advise, to the best of their knowledge, as to the condition of the equipment when requested to do so. All descriptions of items in this sale are believed to be correct, but no warranty as such is either intended or implied. Bidders are responsible for closely checking each item. Purchaser must understand that he/she is buying the property entirely upon his/her own examination or opinion. 5.EACH LOT IS SOLD AS-IS, WHERE IS AND WITH ALL FAULTS AND DEFECTS THEREIN. The item purchased immediately becomes the responsibility of the purchaser at the time it is “knocked down” or “called down” by the auctioneer. THERE ARE NO WARRANTIES AS TO THE MERCHANTABILITY OR FITNESS OF USE, EITHER EXPRESSED OR IMPLIED, OF ANY ITEMS IN THIS SALE. 6.At the time the Auctioneer accepts the high bid for each item, the ownership of the item is immediately transferred to the purchaser. Although security measures are taken by the auction company and the seller, neither the auction company nor the seller can accept responsibility for safekeeping of the item after this point. The item is then the property of the high bidder and the purchaser must accept full responsibility for the item. The purchaser at this time agrees to pay for the item in full. 7.State sales tax must be collected unless purchasing with a valid state sales tax exempt permit. Title fees will be collected on items requiring title. Buyer’s Premium will be collected per item. Other services may be subject to convenience fees. 8.All purchases must be settled in full on sale day by cash, cashiers check or company check accompanied by a letter of guarantee. No item can be removed from auction site until paid for in full. Failure to pay in full can result in loss of any deposits made and/or items awarded at high bid. 9.Bidder acknowledges responsibility for any personal injury or property damage caused by bidder or his agent, and further agrees to hold Auctioneers/Hollingsworth Enterprises, Inc. harmless from any personal injury to himself or his Agent and any property damage incurred on auction premises. 10.AGENTS ONLY: The Auctioneers/Auction Company are acting as Sellers’ Agents only. NO EXCEPTIONS!!! TERMS/CONDITIONS: Complete payment day of sale * Bank Letter of Credit must accompany all checks * Sales Tax and Title fees will be collected where applicable* *Online Bidders: 10% Buyers Premium plus a 2% online processing fee.*Every item sold AS IS – WHERE IS without warranty or guarantee of any kind, express or implied * Although every item is presently committed to this sale, we do not assume responsibility for any items that may be withdrawn due to circumstances beyond our control * All information was obtained by sources deemed correct but it is not guaranteed by Hollingsworth Enterprises, Inc. * All announcements made day of sale supersede any printed material. Payment Methods: Cash Personal or Company Check with Bank Letter of Credit Cashiers/Certified Check Money Order Credit Card (Visa, Mastercard, Discover) NO CHARGEBACK ALLOWED 3% convienience fee. Wire Transfer (instructions to be given upon request after invoice received) $15.00 wire transfer fee. Onsite bidders are to pay in full the day of the sale. Online bidders are to pay in full by 5:00 PM on the next business day following the close of the sale. (I.E. Sale on Saturday, Payment due on Monday by 5PM) Sales Tax, Title fees, and Buyers Premium will be collected where applicable. Online Bidders Special Instructions: Full Payment is due by 5:00PM on the next business day following the close of the sale. Online winning bidders whom will be paying by; cash, personal or company check, cashiers/certified check, or money order are urged to pay in person. (This is because our auctions are on Saturdays. Any of these types of payments going into the mail would most likely not arrive in our hands by the required 5:00PM on Monday.) Online winning bidders paying with credit card or wire transfer will be contacted on the next day following the close of the sale by email or by phone for specific payment instructions. Note: Any Default or refusal to pay will result in a minimum charge to the bidder’s on-file credit card of 25% of the winning bid up to the full winning bid amount plus all applicable taxes and fees, at the auctioneer’s discretion. Online Bidders: 10% Buyers Premium plus a 2% online processing fee. Mississippi State Sales Tax: •7%: General Sales Tax (applied to all sales NOT falling under a different tax bracket OR being exempt from sales tax) •5%: Automobile Sales Tax •3%: 1. Truck Sales Tax (2 Ton or Heavier Rated Trucks, Semis) 2. “5th” Wheel Trailers (Pulled By Semi) •1.5%: 1. Manufacturing Equipment (Lathes, Welders, etc. Must Be Used in a Manufacturing Business Producing New Goods; HOBBY, HOME, OR GENERAL SHOPS DO NOT APPLY, otherwise 7%) 2. Forestry / Logging Equipment- Defined as Equipment or maintenance parts used in the direct harvesting of logging, pulpwood, or tree farming. (Must be a “Professional Logger” as defined by the Sustainable Forestry Initiative AND Must present their Professional Logger’s Permit. Equipment must be self-propelled, or permanently attached to self propelled equipment, or permanently attached to other equipment drawn by a self propelled vehicle, as described in MS Tax Commission Notice- 72-09-004, otherwise 7%) 3. Farm Equipment- Defined as Farm Tractors and Farm Implements and Parts used directly in the production of POULTRY, RATITE, DOMESTICATED FISH, LIVESTOCK, LIVESTOCK PRODUCTS, AGRICULTURAL CROPS, OR ORNAMENTAL PLANT CROPS. (If Claiming “Farming” as Primary occupation/income on State/Fed Tax Return, Implements must attach to a Farm Tractor for operation, AND purchaser must sign an affidavit of farm purchases MS Form 72-620-01-1-1-000(Rev. 7/09), otherwise 7%) •Exemptions: 1.Must present valid resale tax exempt number and/or designated agent number OR I.R.P. number. 2.Any vehicle (Automobile, Semi Truck, Trailers etc.) requiring a license plate tag for operation on legal right of ways, purchased in Mississippi by an out-of-state resident, will be exempt from MS state sales tax, by signing exemption claim form for MS, but will pay applicable sale tax in home state. 3.Any purchase made offsite out of state AND the item is shipped out of state to the purchaser is exempt from MS state sales tax. (Local state sales tax may apply. Purchaser is responsible for paying any applicable tax in home state.) Sale items are available for preview one week before date of auction from 8 AM until 6 PM. Checkout and Loading: (All winning bidders are responsible for providing a shipping company for removal of the purchased items) Onsite bidders are to pay in full the day of the sale. Online bidders are to pay in full by 5:00 PM on MONDAY following the close of the sale. Items may be picked up on the day of the sale as long as weather and lighting conditions are favorable. Buyers have one week following the close of the sale to pick up their items. Monday-Saturday: 7:30am-5:00pm Sunday: 8am-3pm Appointments must be made after that time. Paid receipt must be in hand before any item may be removed from the sale site. (Any buyer sending a shipping company to haul for them must send receipt or copy of receipt for retrieval of items) Online bidder approval: Must complete bidder registration and application. Must provide valid credit card # for auction company to have on file. Every item sold AS IS – WHERE IS without warranty or guarantee of any kind, express or implied * Although every item is presently committed to this sale, we do not assume responsibility for any items that may be withdrawn due to circumstances beyond our control * All information was obtained by sources deemed correct but it is not guaranteed by Hollingsworth Enterprises, Inc. * All announcements made day of sale supersede any printed material.