GENERAL AUCTION TERMS & CONDITIONS

Simmons & Company Auctioneers, Inc.

1. AUCTIONEER & AGENCY RELATIONSHIP

These Terms & Conditions govern all auctions conducted by Simmons & Company Auctioneers, Inc. (“Simmons,” “Auction Company,” “Auction Management,”  “we,” “us,” or “our”).  Simmons conducts auctions as agent for the Seller(s) unless expressly stated otherwise. Simmons does not warrant or guarantee title, authenticity, or condition of any item sold. All property is sold on behalf of the Seller, and the Buyer agrees that Simmons’ role is limited to that of an agent. By registering to bid, obtaining a bid number, or placing any bid (whether on-site, online, absentee, or by phone), you (“Bidder” or “Buyer”) enters into a binding legal contract with Simmons and the Seller(s) represented by Simmons, and you acknowledge full acceptance of these Terms & Conditions.

2. REGISTRATION & BID NUMBERS

Registration is required for all bidders and is offered at no charge.

* Each registered bidder will be issued a Bid Number, which is non-transferable and remains the sole responsibility of the registrant.

* All purchases made under a Bid Number are legally binding upon the registered bidder, regardless of who places the bid.

2.1 Registration Methods

* On-Site Bidders: Valid government-issued photo identification (Driver’s License or Passport) is required.

* Online Bidders (including LiveAuctioneers, Proxibid, HiBid, AuctionZip): Valid credit card information is required for registration and identity verification.

3. BUYER’S PREMIUM & FEES

Buyer’s Premiums and fees vary by auction and bidding method and will be disclosed prior to bidding.

Unless otherwise stated in writing:

* Online purchases are subject to 15% Buyer’s Premium.

* All premiums and fees are added to the final hammer price.

4. ABSENTEE, PHONE & 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 maximum absentee, the absentee bidder will win the item at one bidding increment above the last floor bid.

* ALL absentees, online, phone bidding will incur a $5/lot handling fee

* Simmons is not responsible for errors, omissions, failures, delays in executing absentees, phone, or online bids due to clerical error, platform malfunction, connectivity issues, or other technical problems.

5. PAYMENT TERMS

5.1 Accepted Payment Methods

5.1.1 On-Site Bidders:

* Cash (always preferred)

* Personal checks (U.S. funds only) with valid Driver’s License; additional identification may be required

* Credit cards (Visa, MasterCard, Discover, American Express) subject to a 4.5% processing fee

* PayPal or Venmo (pre-approval required) subject to a 4.5% processing fee

* WireTransfer or eCheck (ACH) fees apply (must be pre-approved in advance)

5.1.2 Online / Absentee Bidders:

* Credit Cards (Visa, MasterCard, Discover, American Express) (4.5% processing fee)

* PayPal or Venmo (must be pre-approved in advance) (4.5% processing fee)

* Personal checks (U.S. funds only) (must be pre-approved in advance) with valid government-issued identification; additional information may be required

* WireTransfer or eCheck (ACH) fees apply (must be pre-approved in advance)

* Simmons reserves the right to refuse any payment method or require alternative payment at its sole discretion.

5.1.3 Sales Tax:

* Missouri Sales Tax: Under Missouri Department of Revenue guidelines, Simmons Auctioneers generally are not required to collect Missouri sales tax on auction transactions conducted on behalf of disclosed principals or qualifying liquidation sales, as permitted by law.

* Online Bidding Platforms: Third-party online bidding platforms (including but not limited to LiveAuctioneer, Proxibid, HiBid and AuctionZip) may operate under separate marketplace facilitator rules and may independently collect and remit sales or use tax. Simmons does not control, manage, or determine whether sales tax is collected by these platforms.

* No Platform Tax Liability: Any sales tax collected through an online bidding platform is governed solely by that platform’s policies and legal obligations. Simmons assumes no liability for tax collection decisions made by third-party platforms.

* Tax-Exempt Buyers: Buyers claiming tax-exempt status must provide a valid tax-exempt certificate to Simmons Auction Management and must also submit the required exemption documentation directly to the online bidding platform prior to bidding.

* Buyer Responsibility: Buyers are solely responsible for determining tax applicability and for remitting any sales or use tax due to the appropriate taxing authority if tax is not collected at the time of sale.

5.2 Additional Identification:

Social Security Number and/or Date of Birth may be requested solely for lawful identity verification and check approval purposes. All information is handled in accordance with applicable privacy and legal requirements.

5.3 Payment Deadline

Payment is due immediately upon receipt of invoice unless otherwise stated in writing by Simmons. Late payments may incur administrative fees, storage charges, interest, and collection costs.

5.4 Chargebacks

Buyers agree not to initiate chargebacks except in cases of verified fraud. Chargebacks related to condition, authenticity, description, or dissatisfaction are expressly prohibited. Buyers agree to reimburse Simmons for all chargeback fees, legal costs, administrative expenses, and collection costs incurred as a result of an improper chargeback.

6. AS-IS / WHERE-IS — NO WARRANTIES ALL ITEMS ARE SOLD AS IS, WHERE IS, WITH ALL FAULTS, AND WITHOUT WARRANTIES OR GUARANTEES OF ANY KIND, EXPRESS 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, attribution, or provenance.

* Descriptions, photographs, and statements—whether written, online, or verbal—are opinions only and are not guarantees.

* Buyers are solely responsible for inspection prior to bidding.

* If the buyer notices damage which was not mentioned in catalog or prior to bidding, buyer is to notify Auction Management immediately so we can resell the item.  However, if the buyer fails to notify Auction Management, then the option to resell the item will no longer be offered.

* Statements made by the Auctioneer on the day of the auction take precedence over all prior printed or electronic materials.

* No employee or agent of Simmons is authorized to provide warranties or representations beyond those expressly stated herein.

* ALL SALES ARE FINAL. NO RETURNS. NO REFUNDS.

7. CATALOG & ADVERTISING DISCLAIMER

Simmons is not responsible for errors, omissions, or inaccuracies in catalogs, advertising, or verbal statements. Buyers must rely on their own inspection and judgment when bidding.

8. CONDUCT OF AUCTION & BIDDING DISPUTES

* Items are sold to the highest bidder as acknowledged by the Auctioneer’s hammer fall.

* In the event of a “tie-bid” the Auction Management has sole discretion to reopen bidding between the affected bidders only. 

* In the event of a “missed-bid” the Auction Management has sole discretion to reopen/continue the bidding or completely resell the item.

* All Auction Management decisions are final and binding.

9. REMOVAL OF PURCHASES

* No items may be removed until full payment has been received and verified.

* Buyers are responsible for verifying their purchases prior to leaving the auction premises. Failure to do so constitutes acceptance of the item as sold.

10. SHIPPING, HANDLING & RISK OF LOSS

* Shipping costs include packing materials, labor, handling, and carrier charges.

* Notice: Shipping Charges by the carrier are based solely on SIZE, WEIGHT and DESTINATION of the package and NOT on the value of the package contents.  Large, Heavy Items are expensive to ship, and customer is responsible for understanding shipping charges could cost more than hammer price of items.

* Some items require double boxing or crating.

* Estimated packing time is typically 7–10 business days; shipping arrival times vary by destination and carrier.

* Items will not be shipped until full payment for purchases and shipping has been received.

* Risk of loss transfers to the Buyer upon tender of goods to the carrier pursuant to UCC § 2-509.

* LiveAuctioneers/LiveShipping shall be used for any items under $1000 via USPS

* Shipping Carriers: UPS, FedEx and USPS.

* Local Pickup is available.  Please inform auction company prior to auction.

* Simmons Auction offers “White Glove” door-to-door delivery services.  Please contact Auction Management for details.

* Note: We do not inflate shipping charges for profit.  Charges are at/near our cost.

10.1 Insurance & Claims

* All items shipped will be insured for the hammer price, unless expressly requested by the Buyer with signed waiver.

* All loss or damage claims are solely between the Buyer and the carrier.

* Buyers must retain all packaging.

* Simmons may assist with claims but assumes no liability.

11. FORFEITURE & ABANDONMENT

Any item not paid for or not removed, shipped, or otherwise claimed within 30 days shall be deemed abandoned and forfeited without refund. Buyers waive all rights, claims, and causes of action to forfeit property. Forfeited items may be resold at Simmons’ discretion.

12. LIMITATION OF LIABILITY

Simmons, its auctioneers, employees, agents, and owners shall not be liable for personal injury, theft, loss, or damage to property before, during, or after the auction or shipment. In no event shall Simmons’ liability exceed the purchase price paid for the item. Simmons shall not be liable for consequential, incidental, special, or punitive damages.

13. THIRD-PARTY PLATFORM DISCLAIMER

Simmons is not responsible for technical failures, outages, bidding delays, or errors related to third-party bidding platforms. Buyers agree to hold Simmons harmless from any claims arising from platform-related issues.

14. COMMUNICATIONS CONSENT & TCPA DISCLOSURE

By registering or participating in any Simmons auction, Buyers expressly consent to receive automated or manual communications, including email, SMS/text messages, and ringless voicemail, pursuant to the Telephone Consumer Protection Act (47 U.S.C. § 227).

* Communications are informational and transactional.

* Simmons does not sell or share bidder contact information.

* Buyers may opt-out at any time using standard “unsubscribe” methods.

* Consent to receive communications is not a condition of purchase, except for essential auction notifications.

* Simmons honors all federal and state Do Not Call registries.

15. GOVERNING LAW & VENUE

These Terms & Conditions shall be governed by and construed in accordance with the laws of the State of Missouri. Exclusive venue for any dispute shall lie in the state or federal courts located in Missouri.

16. CONDUCT & REMOVAL

Disruptive, abusive, or unprofessional conduct will not be tolerated. Simmons reserves the right to revoke bidding privileges, refuse service, and remove any individual from the auction premises. Law enforcement may be contacted if necessary.