TERMS AND CONDITIONS
Consent to Terms and Conditions
By registering for an account/bidder’s number on the SIM website, all parties agree that the following terms and conditions shall govern all activity at stmonlinesales.com and related SIM events/auctions.
“Seller” shall mean the owner or authorized agent of the owner who consigns one or more lot(s) for sale on SIM Online Sales, LLC. Any agent acting as Seller for the owner of any lot(s) offered for sale certifies to STM that the agent possesses the legal authority to act for and on behalf of the owner of the lot(s).
“Bidder” shall mean any person who has registered for and received a bidder’s number on the SIM website.
“SIM” shall mean SIM Online Sales, LLC.
“Buyer” shall mean any “Bidder” who has submitted the successful offer to purchase any lot(s) offered for sale by a Seller on the SIM website.
“Entity” shall mean any corporation, partnership, limited liability company or other legal entity authorized to conduct business in its state of organization.
All Sellers, Bidders, Buyers, and Entities acknowledge that auctions/events held on the SIM website are conducted electronically, and both SIM and above users rely on hardware and software that may malfunction without warning due to no fault of SIM.
Eligibility & Information
SIM Online Sales, LLC services are available only to individuals who are competent to enter into a legally binding contract and are over eighteen (18) years of age. By registering for a bidder’s number, Bidder certifies that he, she or it possesses the legal authority to enter into a valid and binding contract in the state of Missouri, the state of the Bidder’s residence, the state of the Seller’s residence AND is at least 18 years of age. An Entity may hold a bidder’s number only if an owner, shareholder, officer, partner, member or other individual having the authority to act on behalf of the Entity registers for said bidder’s number. The person registering for a bidder’s number on behalf of an Entity agrees to personally guarantee and fulfill all duties and obligations of the Entity that may arise. The person registering to be a Bidder for an Entity certifies and affirms that s/he possesses full legal authority to act for and on behalf of the Entity and possesses the authority to
enter into a legally binding contract on behalf of the Entity. In the event the Bidder does not possess the requisite legal authority to enter into a legal contract and bind the Entity, the Bidder shall be bound personally to any bid submitted in the name of the entity in his/her or its individual capacity.
THOSE WHO DO NOT MEET THE ABOVE REQUIREMENTS SHOULD NOT REIGSTER AS A BIDDER ON THE SIM WEBSITE.
All information provided by a Bidder during the online registration process shall be accurate, current and complete. The Bidder is solely responsible for updating its SIM account information. If any information provided by a Bidder to SIM changes or becomes inaccurate after the date of registration, the Bidder must promptly update his, her or its information on the SIM website. SIM will not be responsible for lost, delayed or misdirected notices in the event a Bidder does not update his/her or its information in a timely manner.
Implied Warranty/Disclaimer on Information
In addition to the SIM terms and conditions set forth herein, any Simmental cattle offered for sale by a Seller on the SIM website will sell under the standard terms and conditions of the American Simmental Association, including dispersal terms when stated in a dispersal setting. In the event of a conflict between these terms and conditions and the referenced ASA terms and conditions, these terms and conditions shall control. The ASA terms and conditions can be found at https://simmental.org/site/userimages/sale%20terms.pdf.
SIM Online Sales, LLC makes no warranty, express or implied, as to the information used to describe any lot(s) offered for sale by a Seller on the SIM website. Any/all lot(s) are presented as described by the Seller. LOTS ARE SOLD AS IS, WHERE IS AND WITH ALL FAULTS. Bidder acknowledges that all lots were available for inspection prior to purchasing and, by these terms, it is the Bidder’s personal responsibility to inspect all lots that s/he or it may purchase. Failure on part of the Bidder to inspect any/all lot(s), or otherwise be fully informed as to the nature, quality and condition of any lot(s) purchased, will not constitute grounds for any type of refund OR termination of the sale contract between the Buyer and Seller. Any/all lot(s) sold become the property of Buyer at the conclusion of the event. SIM is not responsible for the condition or health of any lot(s) sold and purchased, either at the time of sale or time of delivery.
THE IMPLIED WARRANTIES OF MERCHANTABILITY, SUITABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, ARE SPECIFICALLY WAIVED BY BUYER. This waiver is made expressly for the benefit of the Seller and SIM. Buyer agrees to indemnify and hold harmless Seller and SIM, and their respective members, parents, subsidiaries, affiliates, officers and employees, from any claim, demand, liability, cause of action or any other duty or obligation, including reasonable attorney’s fees and expenses, which may arise at any time as a result, direct or indirect, of any SIM event
Bidding & Payment for Standard Sales
All bidding and payments are in U.S. currency. Bidding is done in increments, which may vary by both specie and individual lot(s) within each sale. A Bidder may be outbid at any point before the close of an event. While a Bidder can elect to receive outbid text notifications, he/she/it recognizes that these notifications rely on software, hardware and cellular data/services that may be unreliable. Bidders will NOT automatically receive notification if they been outbid. As such, al Bidders are encouraged to carefully monitor any event(s) they are participating in until the close of said event(s). Unless otherwise indicated, any/all lot(s) offered on the SIM website will sell subject to a reserve or minimum price established by the Seller. The Seller and/or SIM may bid on the Seller’s behalf in any amount up to the Seller’s reserve price. Seller is under no obligation to sell any lot(s) offered if the bid does not meet Seller’s reserve price.
A Bidder is responsible for any bids placed under his/her or its bidding number, account and password. The security of a bidder’s number and password is the sole responsibility of the Bidder. If at any time a Bidder’s number and/or account information is compromised for any reason, that Bidder shall notify SIM immediately to have his/her or its bidder’s number and/or account password changed.
Placing a bid represents a valid offer by the Bidder to purchase the lot(s) being offered for sale by the Seller for the amount of the bid placed. Once a bid is submitted and confirmed by the Bidder, it cannot be retracted. If a Bidder places the final bid before the close of an event, and that bid is accepted by the Seller, the Bidder then becomes the Buyer and that bid becomes a binding contract between Buyer and Seller. Fraudulent bids can and will be reported to appropriate law enforcement agencies. The Seller and/or SIM retain the right to pursue all legal and equitable remedies available to them to enforce al bids and to recover al damages resulting from a breach of this contract between Buyer and Seller. This includes, but is not limited to, a Buyer’s failure to pay for any lot(s) purchased according to the terms of this contract. The Seller and/or SIM also reserve the right to accept or reject any and all bids.
In the case of a software, hardware or communication malfunction, any event in progress on the SIM website will be terminated by SIM, and al Bidders will be notified. Handling of the terminated event thereafter will be at the sole discretion of SIM. In the case that an event is terminated due to a software, hardware or communication malfunction, SIM shall not charge any party for its services and all bids shall be considered null and void. In the case that an event is terminated prior to its close, no contract will be formed between the Bidder/Buyer and Seller.
When an event ends, all sales shall be considered final. The Bidder who submitted the highest bid shall then become the Buyer of the lot(s) subject to such bid. Payment is due in full no later than 5:00 P.M. Central on the fifth day following the close of an event. Accepted forms of payment are personal or Entity check, certified check, money order, eCheck or credit/debit card. Checks and money orders should be made payable to SIM Online Sales, LLC and sent to PO Box 10093, Springfield, MO 65808. SIM does not accept personal or Entity checks from outside the U.S. A 5% processing and handling fee will be applied on al credit/debit card transactions. A $50 fee will be assessed on all returned checks and/or eChecks. Failure to pay in full by the due date may result in a late payment penalty equal to 10% of the purchase price. Buyer agrees to pay a finance charge of 15% APR from the due date until the balance is paid in full. A Buyer who violates the payment provisions of this agreement may not be permitted to bid in subsequent SIM events. SIM reserves the right to process a Buyer's credit card on file for any lot(s) purchased if payment has not been made within ten (10) days of the event. If a Bidder cannot pay for his/her or its purchases immediately following the event, s/he or it should not place a bid.
An invoice with payment instructions for any lot(s) purchased will be e-mailed to the Buyer immediately following the close of the event. This correspondence will be sent to the Buyer’s e- mail address associated with their bidder’s number and account. If the Buyer does not receive an invoice within one (1) business day, Buyer shall contact SIM to request an invoice. Failure to complete payment according to the terms above shall result in all applicable fees, finance charges and potential ban from all future SIM events.
Bidding & Payment for Click-to-Claim Sales
For the Click-to-Claim sale format, a Bidder agrees to purchase lot(s) upon confirmation of payment method on the purchase/payment screen. As soon as the purchase is confirmed, the Bidder becomes the Buyer and is legally bound to purchase said lot(s).
Bidder shall select to use the default credit/debit card on file for their account or enter a new credit/debit card or eCheck for purchased lot(s). The payment WILL NOT BE COMPLETED until the order has been processed by an SIM administrator or the Seller. All payment terms set forth above shall apply to Click-to-Claim purchases.
Event Closing Procedures
All standard sales held on the SIM website are conducted with the horserace-style closing format, unless otherwise stated. This means that at the posted closing time for any given event, that event will enter into a period called extended bidding. Extended bidding periods may vary between five (5) minutes down to one (1) minute as predetermined by SIM and/or Seller. SIM and/or Seller may shorten or lengthen the extended bidding period at any time during the event. Extended bidding will continue until there has been no bidding activity for the duration of the set extended bidding increment. At that time, the event will close and al lots will be declared sold to the highest Bidder. Both SIM and Seller reserve the right to extend or end bidding at any time during an event.
For Click-to-Claim (C2C) sales hosted on the SIM website there is no extended bidding period. A Bidder may purchase any lot(s) offered on C2C events at any time before the posted closing time. Once the purchase of lot(s) is confirmed by the Bidder, the Bidder is immediately bound contractually as the Buyer of said lot(s). This purchase IS NOT GUARANTEED until an SIM administrator and/or Seller has confirmed the purchase and processed the payment.
Withdrawal of Lots
Occasionally, lot(s) offered for sale may need to be withdrawn from an event that is already posted and/or in progress. SIM and/or Seller reserve the right to withdraw lots at any time before the close an event. In the case that SIM and/or Seller withdraws a lot during an event, all bids on that lot shall be considered null and void.
Title & Delivery
All lots purchased through SIM Online Sales, LLC will become the property of the Buyer immediately upon the close of the event and, as such, all risk of damage, death or injury to lot(s) purchased becomes the Buyer’s risk. SIM encourages all Buyers to take out insurance on new purchases concluded at the close of each sale.
Delivery of any/all lot(s) purchased through the SIM website must be coordinated between the Buyer and Seller. Any fees incurred with delivery are the sole responsibility of the Buyer, unless other arrangements are agreed upon prior to the event between the Buyer and Seller. Any questions regarding delivery should be directed to the Seller. If Seller delivers any lot(s) sold to the Buyer before payment has been received, collecting payment for said lot(s) becomes the sole responsibility of the Seller. Under no circumstances shall SIM be responsible for the delivery of any lot(s) sold on the SIM website.
Registration & Health Papers
Some animals do not qualify for registration papers, but if/when an animal has papers or qualifies for registration, those registration papers with signed transfer authorization shall be delivered from the Seller to the Buyer in a timely manner. The Seller is responsible for the transfer of registration papers, and such transfer shall be directly between the Seller and the Buyer. Seller shall abide by all rules and regulations of the respective breed association in issuing the registration certificate. SIM assumes no responsibility for the transfer of registration papers or other evidence of ownership.
At the request of the Buyer, Seller may also furnish health papers. Any fees related to the acquisition of health papers are the sole responsibility of the Buyer. Seller shall take all necessary steps to meet the health requirements necessary to obtain a valid health certificate for shipment to the state of residence of the Buyer. All expenses associated with the fulfilment of any such health requirements shall be the sole responsibility of the Buyer.
Limitation of Liability
SIM Online Sales, LLC shall not be liable for lost profit or special, incidental or consequential damages, which may arise out of or in connection to any transaction resulting from an SIM event. Bidders, Buyers and Sellers hereby agree to indemnify and hold harmless SIM, its members, parents, subsidiaries, affiliates, officers and employees, from any and all claims, demands, liabilities, causes of action or any other duty or obligation, asserted by any person against SIM, including reasonable attorney’s fees and expenses, relating to or arising out of a SIM transaction or event or these Terms and Conditions.
SIM has the sole and final discretion to determine winning bids and, in the event of a dispute between parties, the decision of SIM is final. SIM reserves the right to reopen bidding to settle matters related to disputed bids or ties. SIM reserves the right to postpone or cancel any event for any reason.
SIM does not guarantee continuous, uninterrupted or secure access to online event services, and operation of the SIM website may be interfered with by numerous factors outside of the control of SIM. Furthermore, due to the nature of online services, SIM cannot guarantee or confirm the authentic identity of Bidders, Buyers or Sellers and shall have no liability for any false or misleading information transmitted by the aforementioned persons on the SIM website.
SIM is not responsible for any accidents or injuries related to the sale, purchase or delivery of any lot(s) consigned to or sold through an event hosted on the SIM website.
SIM may refuse services to anyone at any time at its sole discretion. If a Bidder provides false information, such as a false name or fraudulent contact information, she/he or it may be suspended or permanently banned from participating in any/all future SIM events. A Bidder may be permanently banned from the SIM website if she/he or it is the Buyer of any lot(s) and fails to abide by the terms and conditions of this agreement.
SIM Text Notifications
SIM Text Notifications are sent to help Bidders/Buyers know when they have been outbid in an active auction and if/when they have an outstanding account balance.
Bidders/Buyers can unsubscribe from SIM Text Notifications at any time by texting the word “STOP” to the SIM short code number. Once the SMS message “STOP” has been sent, the Bidder/Buyer will receive a confirmation text that they will no longer receive SIM Text Notifications.
If a Bidder/Buyer needs further assistance or has questions about SIM Text Notifications, they can e-mail firstname.lastname@example.org for further assistance.
All Bidders/Buyers who subscribe to SIM Text Notifications recognize that SIM Online Sales, its employees and all associated mobile carriers are NOT liable for delayed or undelivered SMS messages.
Bidders/Buyers can expect messaging frequency to vary based on their level of site activity at SIMnlinesales.com. As always, message & data rates may apply for any SIM Text Notifications sent or received by Bidders/Buyers. If you have any questions about your data or text messaging plan, you should contact your wireless provider directly.
To register for an SIM account, personal information is required. By registering on the SIM website, users consent to the collection of this information. SIM will never give or sell this information to an outside individual, group or entity. All personal information provided will be used exclusively by SIM. Use of this private information by anyone else for any purpose is strictly prohibited and will result in appropriate legal action.
All Buyers expressly authorize SIM to share their personal information with any Seller who is made a party to a binding contract resulting from the Buyer’s final and accepted bid on any lot(s) offered for sale by the respective Seller.
All Bidder information will be used to maintain records for SIM, as well as to communicate and provide services to the Bidder/Buyer.
The e-mail addresses and phone numbers collected through the registration process may be used to provide information and/or services to those registered, including but not limited to text message marketing, sale notifications and eBlast marketing.
The SIM Online Sales, LLC website does contain links to outside websites; SIM has no control over or responsibility for the content and/or privacy practices of these websites.
Changes to SIM Terms & Conditions
SIM Online Sales, LLC reserves the right to amend these terms and conditions at any time by posting amendments on the SIM website. The amended terms and conditions shall automatically be effective 10 days after they are posted. These terms and conditions were last updated on September 30, 2021.
All bids, sales and the performance thereof shall be governed, interpreted and construed in accordance with the laws of the State of Missouri without regard to its conflicts of law principals or the 1980 United Nations Convention on Contracts for the International Sale of Goods. Any litigation involving SIM and/or an online transaction shall be conducted in the courts located in Greene County, Missouri as the sole and exclusive jurisdiction, and the Seller and Bidder/Buyer agree to the venue and personal jurisdiction of these courts.