2-Day Spring Contractor’s Auction Terms: Buyer’s Premium: 10% Buyer’s Premium on each item purchased. (3% Additional for online bidding purchases). Preview: Wednesday | September 25, 2024 | 9-4 Load-Out Info: Monday – Friday from 8am-4pm. Load-out assistance is provided and a loading ramp is available. Storage Fees accrue after October 16, 2024. Terms & Payment Procedures: • Full Settlement is due on the day of the auction or the following business day. • Cash, Cashier’s Check, Major Credit Card, or Wire Transfer payable to Henderson Auctions will be accepted. • PLEASE NOTE: Henderson Auctions will NEVER email or fax wiring instructions. Please contact our office at 225-686-2252 to request/verify wiring instructions. Henderson Auctions will never email you wiring instructions, please use care and confirm with our office verbally. • Credit Card payments will be charged a 4% convenience fee for MasterCard, Visa, American Express, and Discover. • Personal or company checks must be accompanied by a bank letter of credit guaranteeing payment. • Bank drafts will not be accepted. • Notice to Non-U. S. Buyers: International credit cards ARE NOT accepted. Purchasers without United States bank accounts are required to pay in U. S. Funds by wire transfer from their bank. Some equipment may require modifications to meet import and safety regulations. For details and for information on your export obligations, please contact your customs broker. International Wire Transfer fee is $50. • Any invoice not paid by 10/4/2024 is subject to be charged in full to the credit card on file including a 4% credit card convenience fee. • Any invoice not paid by 10/4/2024 is subject to interest at 2% per month, prorated daily beginning sale day. Taxes: All sales of non-titled vehicles are subject to sales tax unless you have a proper re-sale exemption. • Purchases by Dealer for Re-sale: o It will be necessary on the sale day to execute a Certificate of Resale for all purchases. o This Certificate must bear your Sales Tax Exemption Number. o Failure to furnish this information will require payment of sales tax on all purchases. o Louisiana residents must present a valid form R-1064 – Louisiana Resale Certificate - Purchases for Resale. o If you have a tax-exempt form, please fax it to 225-412-9487 or email it to auctionoffice@hendersonauctions.com. Titled Items: • Items purchased that require a title will be titled in the name and address on file, unless buyer provides alternate information upon checkout. • Titles will be provided in person or via Fedex, within 30 business days of full payment by buyer, unless listed as TITLE DELAY. • Buyer is responsible for transferring ownership at their local department of motor vehicles. Additional Auction Terms: While descriptions are believed to be accurate, neither the auctioneer nor the seller makes any warranty or guarantee, expressed or implied. Henderson Auctions shall not be held responsible for advertising discrepancies or inaccuracies. Everything is sold ‘AS IS’ – ‘WHERE IS’ except as expressly made in writing. All sales are final. No warranties are made as to the merchantability of any items or their fitness for any purpose. The BID CALLER has the sole discretion to determine the final high BIDDER, and can in his sole discretion open the bidding, close the bidding, exclude BIDDERs, recognize late BIDDERs, reopen closed bidding, and reopen the bidding between tie BIDDERs. BIDDERs have the opportunity, where available, to bid in person, absentee, by proxy, by telephone, or through online bidding platform(s). Any notice of successful bidding or being outbid via an online platform(s) or by any party other than the BID CALLER and Management for the AUCTIONEER does not constitute official notice. Official notice of award and whether or not a sale has taken place will only be given in the form of an invoice from the AUCTIONEER. AUCTIONEER has the right and sole discretion to amend or correct any invoice that is sent to a BIDDER. Firearm Terms: Fire-Arm Load-Out Info: Load-out is by appointment only. Henderson Auctions has acquired an FFL dealer’s license but we can only perform a specific number of transfers per day. Appointments for firearms can be made by calling Harlee at 225-686-2252 or email harlee@hendersonauctions.com. 1. Buyers can pick their items up in person from Henderson Auctions at 13340 Florida Blvd. Livingston, LA 70754. All local pickups are by appointment and must take place within 15 days of the auction. Winning bidders will pay Henderson Auctions directly for the background check at a cost of $50 total. This fee includes any gun purchased in the 10/24/2024 Auction. 2. Before any firearm is transferred into your possession, you will have to fill out a 4473 and pass a background check. If you CANNOT pass a background check do not bid on any firearms. If you are a convicted felon, even if you have had your right to vote restored, you may not be able to own or possess firearms. Please do not bid on these weapons unless you have been issued a possessory number by the BATF. If you have ever been convicted of a crime involving domestic violence, whether it was a misdemeanor or felony, you may not possess firearms under Federal Law. If you are currently under a restraining order or charges of any kind related to a domestic situation, you may not possess firearms under Federal Law. You will not be given possession of firearms purchased until your payment has been processed and you fill out the appropriate paperwork and pass the background check. 3. The background check is on the bidder only. If you are the successful high bidder and are denied on the background check, we reserve the right to place the firearm in the next available auction event and will resell it. You will be charged a 20% restocking fee on the credit card on file. If you purchase a weapon and are denied, you cannot bring someone else in to get a background check done. 4. Accurate descriptions are provided for each individually described item in the auction on a best effort basis. The bidder is ultimately responsible for determining the condition of a lot. 5. A Buyer’s Premium of 20% applies to all bids. Buyer’s Premium is added to the hammer price of each lot. According to Louisiana law, the Buyer’s Premium is considered a component of the purchase price and is therefore subject to state and local sales tax. The credit card you registered with will be charged for your winning purchases immediately after the last item is sold in the auction. If you do not wish for your purchases to be placed on the credit card on file you must let us know within 24 hours before the auction begins to close. 6. All Federal and State Firearms Laws Apply. All buyers of firearms subject to State and Federal law must complete the applicable transfer paperwork. Dealers must have signed copies of their Federal Firearms License in order to accept same day delivery of modern weapons. Prior to bidding, all out of state buyers should verify their state laws as they pertain to modern firearms as laws vary greatly by state. Out-of-state buyers purchasing modern firearms must go through a Licensed Firearms Dealer within their state for transfer of modern firearm purchases. The licensed Firearms Dealer within your state who you choose to transfer your purchased firearm may charge you a fee for this service. 7. Federal Firearms Licensee’s may take possession of firearms purchased by them on the pickup date of the auction provided they have a current, valid FFL. Non-FFLs must pass a background check at the time they pick up their firearms on a day designated by the Auctioneer. 8. All firearms designated as NFA / Class 3 must be registered in compliance with the NFA registry. A $200 federal tax payment is required each time a functional NFA firearm is transferred to or from a private owner. This fee, as well as the total invoice amount, is due at the time of purchase and must be paid prior to processing the necessary transfer paperwork. The buyer of the Class 3 firearm will be required to complete 3 forms: 1) ATF Form 4, 2) fingerprint card, 3) ATF form 5330.20 Certificate of Compliance, and any State or Local requirement. These forms will be provided to you by the local FFL auction approved establishment. Note: if state or local law requires a permit or license to purchase, possess, or receive NFA firearms, a copy of the transferee’s (buyer) permit or license must accompany the application. The local FFL business then mails the paperwork for the Federal Transfer Tax to BATFE. The BATFE can take up to 120 days or more for approval. The local FFL business will receive back one of the Form 4’s (they are sent in duplicate) with a Federal Tax Stamp attached to it. This is given to the new owner when picking up the NFA firearm. No further tax is due. The following states are known to not allow individuals to own machine guns: California, Delaware, Hawaii, Illinois, Iowa, New Jersey, New York, Rhode Island, Washington D.C. and Washington. Although we have provided this list, laws consistently change, thus do not bid unless you are certain the laws in your state allow ownership of Class 3 NFA Firearms. You will still be required to pay for the lot. 9. YOU ARE ENTERING INTO A BINDING CONTRACT. THERE ARE NO REFUNDS OR BID CANCELLATIONS. THE REGISTERED BIDDER IS PERSONALLY RESPONSIBLE, LEGALLY AND FINANCIALLY, FOR ALL AUCTION ITEMS BID UPON WHETHER REPRESENTING ONESELF OR ACTING AS AN AGENT. AN ONLINE BID ACCEPTED AT PUBLIC AUCTION IS A LEGAL AND BINDING CONTRACT TO PURCHASE. ANY BIDDER WHO FAILS TO CONSUMMATE A PURCHASE WILL BE BANNED FROM BIDDING AT ALL FUTURE SELLER AUCTION EVENTS AND MAY BE PURSUED FOR CIVIL AND/OR CRIMINAL VIOLATIONS IN THE LIVINGSTON PARISH COURT SYSTEM. General Terms: • Photos shown on the website are meant as a representation, all items in the photo may not be included in the lot. Please read the lot description for specific items included with the lot. • During a live auction using any online bidding platform, Henderson Auctions is not responsible for clerking errors. The Auctioneer calling the auction is the only person who determines who has placed the high bid and who is the winning bidder. This is not determined by the clerk for the online bidding platform. High bidders will receive an invoice from Henderson Auctions and not the online bidding platform. If you receive an email or invoice from an online bidding platform please disregard this notice and call our auction office at 225-686-2252. • Some online bidding platform prices may not reflect the correct sold price as stated by the live auctioneer. • When entering any of the auction sites you do this at your own risk. • Henderson Auctions is not responsible for any injuries or damage to property that occurs at the auction site. All items are sold “as is, where is”, with no guarantees or warranties express or implied. • Inspection before bidding is recommended and available. • The buyer is responsible for all freight, handling costs, and taxes where applicable. Henderson Auctions can recommend local transport companies; please call 800-850-2252. • Any litigation will be held in Livingston Parish, Louisiana • Henderson Auctions will not fill in or complete the bill of lading for customers. Bill of Lading must include the shipper’s Name and Address, Transport Location (Name and Address), and Who is responsible for freight payment. DOT #, Description of items being shipped, Buyer #, and Lot #. • Payment not made per terms and conditions of the auction will be subject to late fees, penalties, and interest plus expenses related to collection costs. Any balance due the day after the final removal date noted on the invoice will be due by the purchaser at a rate of 18% per annum.The fee will begin from the date of the auction. • All items must be removed by the date stated on your invoice. Items left after this date will be subject to storage fees of up to $100 per item per day. Items moved to the storage site will be subject to moving charges at our discretion. Items will be sold for storage cost at the next auction if fees are not paid and items are removed. DEFINITIONS: BID CALLER: LICENSED AUCTIONEER WHO IS ACTIVELY CALLING THE AUCTION ON ANY GIVEN LOT. BUYER: SUCCESSFUL BIDDER AT AUCTION BIDDER: A PERSON OR ENTITY BIDDING ON ANY LOT AT ANY AUCTION HOSTED BY AUCTIONEEROWNER/CONSIGNOR: PERSON/ENTITY THAT CONSIGNS A LOT FOR AUCTION.AUCTIONEER: J.A.H. ENTERPRISES, INC. DBA HENDERSON AUCTIONS AND ITS AFFILIATES, SUCCESSORS, EMPLOYEES, ASSIGNS, SHAREHOLDERS, DIRECTORS, AND OFFICERS.LOT: ANY ITEM OFFERED FOR SALE BY AUCTIONEER CLOSING: THE COMPLETION OF TRANSFER OF OWNERSHIP TITLE OF AUCTION ITEM FROM OWNER TO BUYER • This Agreement shall be binding upon and inure to the benefit of the parties and to their respective heirs, successors, and assigns. 1. BIDDER agrees that his participation in this auction means that he has read and understood and will abide by the BIDDER’s terms, whether or not he has signed this agreement. 2. The BIDDER will be issued a BIDDER number for the purpose of auction participation. Invoicing and titling will match the information completed on the BIDDER’s registration. If the BIDDER’s number is lost, stolen, or misplaced, he remains liable for any bid, purchase, or action of anyone using his BIDDER number. 3. BIDDER consents to AUCTIONEER verifying BIDDER’s ability to pay, including credit check, bank reference, or by any other means. 4. This agreement shall be legally binding whether executed by electronic signature or initials or as a handwritten execution. 5. It is the responsibility of the BIDDER to thoroughly investigate and become familiar with the auction process, the suitability and condition of the assets in the auction “including age, mileage, hours, mechanical condition, legal use in any given jurisdiction, etc.” AUCTIONEER is not responsible for the accuracy of a LOT’s description whether given verbally or in writing in any medium. AUCTIONEER shall not be held responsible for advertising discrepancies or inaccuracies. 6. All LOTs are sold as is, where is, without warranty or guarantee, either expressed or implied, as to any LOTs usefulness, condition, genuineness, value, quality, merchantability, and/or fitness for use for any purpose. AUCTIONEER has not inspected or tested or verified the LOT and has no knowledge of the LOT’s history or condition. The BIDDER has the opportunity, the right, and the sole responsibility to inspect and verify any LOT prior to placing a bid. It is the responsibility of the BIDDER to research any restrictions on LOTs purchased and to obtain any necessary import/export licenses, titles, or any other required documents for shipping. Winning BIDDERs agree to accept and pay for in full any LOTs awarded by AUCTIONEER regardless of thoughts, condition, defects, or imperfections. Any claims regarding mileage or hours are offered as opinions by the consignor and shall not be deemed as accurate unless investigated and determined to be accurate by BIDDER. 7. BIDDER agrees to make no claim against AUCTIONEER for an improper, inadequate, or inaccurate LOT description. 8. All claims or disputes or legal actions by any party to this agreement must be filed in the Circuit Court of Livingston Parish, Louisiana, and all legal matters contemplated in this agreement will be governed by the laws of the State of Louisiana and that jurisdiction. 9. The BIDDER has had the opportunity to consult legal counsel and irrevocably waives any right to a trial by jury in any proceeding relating to a dispute about this agreement or the Auction. 10. The OWNER/CONSIGNOR may place a reserve on any of his/her LOTs, which is the minimum hammer price the owner is prepared to accept. That reserve amount is kept confidential by the AUCTIONEER. The AUCTIONEER has the right to execute bids on behalf of the OWNER/CONSIGNOR up to the amount of the reserve. 11. The BID CALLER has the sole discretion to determine the final high BIDDER, and can in his sole discretion open the bidding, close the bidding, exclude BIDDERs, recognize late BIDDERs, reopen closed bidding, and reopen bidding between tie BIDDERs. BIDDERs have the opportunity, where available, to bid in person, absentee, by proxy, by telephone, or through online bidding platform(s). Any notice of successful bidding or being outbid via online platform(s) or by any party other than the BID CALLER and Management for the AUCTIONEER does not constitute official notice. Official notice of award and whether or not a sale has taken place will only be given in the form of an invoice from the AUCTIONEER. AUCTIONEER has the right and sole discretion to amend or correct any invoice that is sent to a BIDDER. 12. AUCTIONEER’s internet bidding and telephone bidding features are offered where available and when available. AUCTIONEER does not guarantee that these features or services will operate correctly or without interruption. AUCTIONEER is not responsible for delays, inaccuracies, errors, omissions, or mistakes by the BIDDER’s use of these services or by the AUCTIONEER’s performance of these services. BIDDER agrees that AUCTIONEER is not liable for BIDDER’s inability to access these services nor liable for any loss or damage incurred by BIDDER by using these services. Where telephone bidding is available, BIDDER consents to allowing AUCTIONEER to record the call. 13. AUCTIONEER is not liable for damaged, stolen, or lost LOTs and BIDDER waives his right to claim damages against AUCTIONEER for any associated loss. 14. AUCTIONEER is not liable for matching number errors. 15. LOTs that fail to meet the reserve price will be offered for sale by the AUCTIONEER after the LOT is removed from the auction block. Any LOTs sold by AUCTIONEER are subject to the same terms as LOTs sold on the auction block. 16. Once a LOT is determined sold by AUCTIONEER, the high BIDDER accepts responsibility to pay for said LOT and assumes all responsibility and liability for the LOT as though the sale was complete. 17. BUYER agrees to pay for the LOT including BUYER’s premium, taxes, and fees immediately following the auction and in no event more than twenty-four hours following the close of the auction. Any unpaid balance owed by BUYER, not paid within three banking days from Auction Day, is subject to interest charges at a rate of the greater of 2% per month or the maximum rate allowed by law, prorated daily beginning from the calendar day following the auction. 18. Unless arrangements acceptable to the Management for the AUCTIONEER have been made prior to the auction, BUYER agrees to allow the AUCTIONEER to charge to BUYER’s credit card on file a sum equal to 5% of the amount of the BUYER’s successful bid(s) immediately upon close of the auction. The remaining balance must be paid in accordance with the other terms and conditions of this agreement. If the BUYER fails to make timely payment of any outstanding balance, BUYER authorizes AUCTIONEER to charge up to any remaining balance, plus interest, late charges, credit card fees, and attorney fees incurred by AUCTIONEER for the collection of the unpaid balance to the BUYER’s credit card on file. If the BIDDER would like to make other payment arrangements prior to the auction and thus avoid charges to the credit card on file, AUCTIONEER will accept a Bank Letter of Guarantee or Cash on Deposit with the AUCTIONEER. BIDDER may contact our offices at least one week prior to the auction to make such arrangements. 19. AUCTIONEER will make every effort to deliver titles within 30 days of Auction. AUCTIONEER accepts no responsibility for delays outside its control. AUCTIONEER is not responsible for damages incurred by BUYER as a result of any title processing delay. AUCTIONEER is not responsible for freight, repairs, modifications, alterations, or any expenses incurred by BIDDER prior to BIDDER’s receipt of title. 20. AUCTIONEER has a right to the following remedies in the event BIDDER defaults, including nonpayment or any breach of this agreement: 21. Sell the LOT to another party at the BIDDER’s bid amount. 22. Resell the LOT at Absolute Auction or by private sale without notice to BIDDER and hold BIDDER liable for any deficiency in the resale price. 23. Cancel the sale and retain BIDDERs deposit and/or payment as liquidated damages. 24. Charge BIDDER’s credit card for any amounts due to AUCTIONEER and/or CONSIGNOR. 25. Take legal action against BIDDER to seek specific performance or take any other legal action to protect the interest of the AUCTIONEER and CONSIGNOR. 26. BIDDER agrees to be liable for any costs and expenses caused by the BIDDER’s default including but not limited to attorney’s fees, court costs, commissions, entry fees, Buyer’s Premiums, freight, storage, or any other expenses. 27. All claims or disputes or legal actions by any party to this agreement must be filed in the Circuit Court of Livingston Parish, Louisiana, and all legal matters contemplated in this agreement will be governed by the laws of the State of Louisiana and that jurisdiction. FREQUENTLY ASKED QUESTIONS: • How many days do we have to pay for items? Payment is DUE on the day of the auction; but, is REQUIRED three business days after the auction. • What documents are required to qualify for tax exemption for Non-Louisiana buyers? Henderson Auctions needs a copy of YOUR state’s tax exemption certificate AND a completed Louisiana Out of State Form (R-1079). Please email the documents to auctionoffice@hendersonauctions.com or fax them to 225-686-0647. • What documents are required to qualify for tax exemption for Louisiana buyers? Henderson Auctions needs a copy of your sales tax exemption certificate that Louisiana has issued to you/your company. Download the R-1079 Form Here > Please email the documents to auctionoffice@hendersonauctions.com or fax them to 225-686-0647. • My state is tax-exempt what documents do I need to provide? If your business is in a tax-exempt state we need documentation stating you own a business in this state and are reselling your items. Examples; Business Occupancy License, etc… • I am having a transport company pick up my items, what do the transport company and Henderson Auctions need? You must have a COMPLETED bill of lading sent to auctionoffice@hendersonauctions.com and/or given to the driver. This bill of lading must include the buyer number, buyer name, lot numbers, and a description of what the truck will be hauling. Download an example of a bill of lading here > • How can I tell what time of day something will sell? We typically sell 50-60 items per hour.