Collection of E.J. Simms Artifact Auction

.TERMS OF SALE 1. All items being offered in this collection are being offered as is-where is and with all faults, known and unknown. The Auctioneer makes no warranties or guarantees whatsoever as to the quality, quantity, or condition of any article or lot. Descriptions have been prepared for guide purposes only and shall not be relied upon by Buyer for accuracy or completeness. By submitting a bid, Buyer/Bidder affirms it has inspected all items or has waived its right to do so prior to bidding. Buyers shall be deemed to have relied entirely upon their own inspections and investigations. 1A. Returns. Heartland Artifact Auctions INC now offers returns of items that are appropriately deemed not authentic. In order to qualify for the return policy the buyer must STRICTLY ADHEAR to this procedure. a) The item must be paid for within 5 days of the Auction. b) At the time of payment the buyer must notify Heartland Artifact Auctions INC of their intent to send the item or items to one of the following authenticators; Jerry Dickey, Maury Meadows, Sam Johnson, Roy Motley and Ken Partain. This notification must come via email to heartlandartifacts@gmail.com. b1) It is 100% the buyer's responsibility to make arrangements prior to the sale with the authenticator of their choice. Heartland Artifact Auctions INC will not make these arrangements for you, we will only ship the item to your selected and pre approved authenticator for the sake of timeliness when dealing with a return policy. c) At the buyer's choice we will offer to ship the item directly to the authenticator of your choice. d) Items that already possess an C.O.A. Jerry Dickey, Maury Meadows, Sam Johnson, Roy Motley and Ken Partain do not qualify for this return policy. e) Prior to the 25 day mark following the auction the buyer must again contact Heartland Artifact Auctions INC via email of their intent to return an item. This email must contain a PDF copy of the selected authenticator's kill letter and the tracking number of the return shipment to Heartland Artifact Auctions INC, 3330 Branchwood Drive, Quincy IL 62301. f) Upon the item's arrival a check will be issued to the buyer for the purchase price and the buyer's premium. 2. Buyer is required to make payment in full by the end of the auction. Payments are accepted in the form of cash, personal check, cashier's check, and credit card. All personal checks over $20,000.00 are required to be accompanied by an approved bank letter. All bidding and invoicing will be in US Dollars ($); the above approved forms of payment must be made in US currency. 3. A premium of 15% of the bid price will be added to the price of each item purchased. The buyer's premium for each sale will be announced at the time of the auction. All in house floor sales will be a 10% buyer's Premium. 4. All articles will be sold to the highest bidder conforming to the bid process. In the event there is a dispute between two or more claims of entitlement as the successful bidder, Auctioneer will be the final judge as to which bidder in the highest bidder. Auctioneer reserves the right to re-auction the item in dispute. Auctioneer shall regulate all matters relating to the conduct of the auction and his decision shall be final and binding on all bidders. Auctioneer shall be entitled to make changes in (the composition of) the lots or to withdraw them, up until the last moment before the sale, refuse bids without having to state the reasons, in which case the previous bidders shall be bound to their bids, and to correct himself. All sales shall be concluded on the fall of the hammer or as indicated by Auctioneer and no Buyer may thereafter revoke his bid. 5. Any announcements made on the day of the auction take precedence over catalogue or other previously announced or documented information, but do not alter in any way the basic terms and conditions of sale. We reserve the right to correct any mistakes or typographical errors made on its behalf in any of its announcements or documents. 6. All property must be paid for and picked up in the time frames announced by Auctioneer at time of sale. If not, the merchandise will be deemed abandoned and Buyer will lose any right, title or interest Buyer may have acquired and the merchandise shall revert and repossess to Auctioneer without further notice to Buyer and Buyer?s deposit, if any, will be forfeited. No purchaser may assign, transfer, or dispose of his rights in any article purchased before he has paid the purchase price in full. No reselling will be allowed from the premises. 7. If any applicable conditions are not complied with by Buyer, then, in addition to any other remedies available to Auctioneer, including and without limitation, the right to hold Buyer liable for the total purchase price, Auctioneer may, at its option, (a) cancel the sale, retaining all payments made by Buyer, including any deposit made, as liquidated damages and/or (b) resell the merchandise at public auction in which event Buyer will be liable for the cost of removing and reselling the abandoned merchandise, for any deficiency between Buyer?s original purchase price and subsequent resale price, Auctioneer's commission, and legal fees. In addition, Auctioneer may retain any merchandise purchased at auction by a defaulting Buyer as collateral security for Buyer's obligations to Auctioneer. 8. Buyer is solely responsible to provide any personnel, equipment or material needed to pick up purchases and shall assume all responsibility for the removal of any item of property purchased at the sale. 9. All risk loss shall pass to Buyer at the time of payment. If Auctioneer is unable to deliver an article sold to Buyer due to fire, theft, or any other reasons whatsoever, Auctioneer shall reimburse Buyer for all monies paid to Auctioneer in respect to the article and Auctioneer shall have no further liability to the purchaser arising from or relating to such loss, including without limitation any damages for loss of profits. 10. In no event shall Auctioneer's liability to Buyer exceed the purchase price actually paid. A Buyer's claim shall be limited to the amount paid for the merchandise, and shall not extend to any obligation; risk; liability; right; claim; remedy for loss of use, revenue or profit; liability of Buyer to any third party; personal injury; or any other direct, indirect, incidental or consequential damages. 11. The bidder's paddle/number is nontransferable. All bids made by the holder of the paddle/number will be Buyer?s responsibility. A successful bid at auction constitutes a legally binding contract of sale. Auctioneer reserves the right to refuse any applicant the privilege of bidding or attending the auction and may revoke such privilege of bidding or attending the auction AT ANY TIME. 12. This sales transaction shall be governed by and construed in accordance with the local laws of the State of Illinois, USA. If any provision of these Terms and Conditions shall be held invalid, illegal, unenforceable or inoperative, the balance of Terms and Conditions shall remain in full force and affect as if such provisions had not been included. These Terms and Conditions with any amendments or modifications expressly made by Auctioneer at the time of the auction constitute all the terms and conditions with respect to the sale of articles at this auction. There are no representations, warranties, terms, conditions, undertakings or collateral agreements except as herein provided. 13. All Buyers acknowledge and accept by their bid at auction the Terms and Conditions of Sale printed on this registration card. 14. A 3% surcharge will be assessed to the final sale price for the use of credit card or PayPal or payment through Live Auctioneers. 15. Auctioneers and staff may bid on items within the auction.

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