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GENERAL TERMS & CONDITIONS Simmons & Company Auctioneers, Inc. 1. Auctioneer & Contractual Relationship These Terms & Conditions govern all auctions conducted by Simmons & Company Auctioneers, Inc. (“Simmons,” “Auction Company,” “we,” “us,” or “our”). By registering to bid, obtaining a bid number, or placing any bid (whether on-site, online, absentee, or by phone), you (“Bidder” or “Buyer”) enter into a binding legal contract with Simmons and the Seller represented by Simmons, and you acknowledge full acceptance of these Terms & Conditions. 2. Registration & Bid Numbers • There is no charge to register for any Simmons auction. • Bidder registration is required for all participants. • Each registered bidder will be issued a Bid Number, which is solely the responsibility of the registrant. • All purchases made under a Bid Number are the legal responsibility of the registered bidder. 2.1 Registration Methods • On-Site Bidders: Valid government-issued photo ID required. • Online Bidders (Proxibid / HiBid / BidWrangler / AuctionZip): Must provide valid credit card information. o A $1 authorization hold may be placed by the platform for verification purposes and released per platform policy. 3. Buyer’s Premium & Fees • A 10% Buyer’s Premium applies to all purchases unless otherwise stated. • Online purchases are subject to an additional 3.5% credit card processing fee imposed by the bidding platform. • All premiums and fees are added to the final hammer price. 4. Absentee & Online Bidding • Absentee, phone, and online bidders must register and secure payment approval prior to the auction. • Absentee bids are executed competitively and treated as if the bidder were present. • Bidding will not automatically open at the maximum absentee bid. • If floor bidding stops below the absentee maximum, the absentee bidder will win the item at one bidding increment above the last floor bid. 5. Payment Terms 5.1 Accepted Payment Methods 5.1.1 On-Site Bidders: • Cash • Personal Checks (U.S. funds only) with valid photo ID, SSN and Phone Number • Credit Cards: Visa, MasterCard, Discover, American Express (3.5% processing fee) • PayPal or Venmo (absentee bidders only, when approved in advance) (3.5% processing fee) 5.1.2 Online / Absentee Bidders: • Credit Cards (Visa, MasterCard, Discover, American Express) (3.5% processing fee) • PayPal or Venmo (absentee bidders only, when approved in advance) (3.5% processing fee) • REQUIRES PRIOR APPROVAL: Personal Checks (U.S. funds only) with valid photo ID, SSN and Phone Number • REQUIRES PRIOR APPROVAL: Direct ACH / Wire Transfer Deposit ($20 wire transfer fee applies) 5.2 Social Security Number and Date of Birth may be required for check approval. All information is kept confidential. 5.3 Payment Deadline • Payment is due immediately upon receipt of invoice, unless otherwise stated in writing by Simmons. 5.4 Chargebacks • Buyers agree not to initiate chargebacks except in cases of verified fraud. • Chargebacks related to condition, authenticity, or dissatisfaction are expressly prohibited. 6. AS-IS / WHERE-IS — No Warranties, ALL ITEMS ARE SOLD AS IS, WHERE IS, with NO WARRANTIES OR GUARANTEES, expressed or implied, including but not limited to warranties of merchantability or fitness for a particular purpose. • Simmons makes no representations regarding age, condition, authenticity, value, or provenance. • Descriptions, photos, and statements (including auctioneer chant) are opinions only and not guarantees. • Buyers are solely responsible for inspection prior to bidding. • ALL SALES ARE FINAL. NO RETURNS. NO REFUNDS. 7. Catalog & Advertising Disclaimer Simmons is not responsible for errors, omissions, or inaccuracies in catalog descriptions, advertising, or verbal statements. Buyers must determine for themselves the suitability and condition of any item prior to bidding. 8. Conduct of Auction & Disputes • Items are sold to the highest bidder as acknowledged by the Auctioneer’s hammer fall. • In the event of a disputed or missed bid, the Auctioneer has sole discretion to reopen bidding between the affected bidders only. • Auctioneer decisions are final. 9. Removal of Purchases • No items may be removed until full payment is received. • Buyers are responsible for verifying their purchases before leaving the auction premises. 10. Shipping, Handling & Risk of Loss • Shipping costs include packing materials, labor, handling, and carrier charges. • Some items require double boxing or crating. • Estimated shipping time: Domestic: up to 2 weeks, International: up to 4 weeks or more • Risk of loss transfers to the Buyer once items are delivered to the carrier. • A $2.00 handling charge per item, applied to ALL shipped items regardless of hammer price. • UPS is our primary shipping carrier. We understand UPS may be more expensive than USPS; however, they are more reliable. You may request USPS; however, we are not responsible for delays or lost shipments • USPS or FedEx may be used as necessary or upon buyer request. Send email to SimmonsAuctioneeering@gmail.com so we have record of your request. • If you would like to provide any other requirements for your packages (ship as “cheap” as possible. Please send email to SimmonsAuctioneeering@gmail.com so we have record of your request. • International shipping will be coordinated directly with the Buyer to determine the most suitable carrier and delivery method, taking into account customs requirements, VAT, duties, and destination-specific regulations. • White Glove Delivery Service (conducted personally by Dave & Kimberly Simmons) may be available upon request for select items and destinations. • White Glove delivery pricing is based on the distance from Simmons & Company Auctioneers, Inc. to the final delivery destination, and not on item size or weight. 10.1 Insurance & Claims • Any loss or damage claims are solely between the Buyer and the carrier. • Buyer must retain all packaging and file claims directly with the carrier. • Simmons will assist but assumes no liability. 11. Forfeiture of Property • Any item not paid for within 30 days will be forfeited without refund. • Any item for which shipping or pickup arrangements are not completed within 30 days will be forfeited. • Forfeited items may be resold at Simmons’ discretion. 12. Limitation of Liability Simmons, its auctioneers, employees, agents, and owners are not responsible for personal injury, theft, loss, or damage to property before, during, or after the auction or shipment. 13. Platform Disclaimer Simmons is not responsible for technical failures, outages, bidding delays, or errors related to third-party auction platforms including Proxibid, HiBid, BidWrangler, or AuctionZip. ****** IMPORTANT ******************* 14. COMMUNICATIONS CONSENT & TCPA DISCLOSURE By registering to bid or participating in any Simmons Auction via any digital platform, live in-person, absentee or phone, you expressly consent to receive automated or manual communications from Simmons & Company Auctioneers, Inc., including: • Email • SMS/Text Messages • Ringless Voicemail This consent is provided pursuant to the Telephone Consumer Protection Act (TCPA), 47 U.S.C. § 227. 14.1 Purpose Communications are informational and transactional, including auction announcements, reminders, and items of interest. These are not third-party solicitations nor solicitations. We aim to only inform of upcoming auction events and general company information. 14.2 Data Use Simmons does not sell or share bidder contact information with third parties. 14.3 Opt-Out You may opt out at any time by: • Clicking “Unsubscribe” in emails • Replying STOP to texts • Contacting: Opt-Out@mail.simmonsauction.com or 816-776-2936 ext. 2 14.4 Do Not Call Compliance Simmons honors all federal and state Do Not Call (DNC) registries. 14.5 Consent Not Required to Purchase Consent to receive communications is not a condition of purchase, except for essential auction notifications. 15. Governing Law These Terms & Conditions shall be governed by and construed in accordance with the laws of the State of Missouri. 16. Precedence Statements made by the Auctioneer on the day of the auction take precedence over all printed materials, advertisements, or prior statements.