Terms and Conditions
These Terms and Conditions govern use of the Simmons Attachments website and include the terms for the Simmons Attachments SMS/text messaging program.
1. Acceptance of Terms
By using the Simmons Attachments website, submitting an inquiry, requesting a quote, or otherwise using our online services, you agree to these Terms and Conditions to the extent applicable. Separate written sales agreements, invoices, manufacturer terms, warranty terms, financing documents, or delivery agreements may also apply to a specific transaction and will control if they expressly conflict with these website terms.
2. Website Information and Product Availability
We try to provide accurate product descriptions, specifications, pricing, availability, photos, compatibility information, and other website content. However, product information may change, typographical errors may occur, and inventory may be sold or changed without prior notice. A website listing or quote request does not guarantee availability, price, compatibility, or acceptance of an order until confirmed by Simmons Attachments.
3. Quotes, Orders, Payments, and Delivery
Quotes may be subject to expiration, availability, taxes, payment terms, delivery conditions, and other stated requirements. Applicable sales tax, delivery charges, payment-processing charges, or other disclosed fees may be added where permitted by law. Ownership, risk of loss, inspection obligations, warranty coverage, returns, cancellations, and delivery terms may be addressed in a separate invoice, sales agreement, or manufacturer documentation.
4. Equipment Fit, Compatibility, and Use
Customers are responsible for providing accurate machine, hydraulic, mounting, capacity, and application information when requesting compatibility guidance. Equipment and attachments must be installed, operated, transported, maintained, and used in accordance with applicable manufacturer instructions, safety warnings, machine limits, laws, and industry practices. Website information is not a substitute for manufacturer manuals, professional installation, or operator training.
5. Simmons Attachments SMS/Text Messaging Program
Simmons Attachments may offer optional SMS/text messaging for customers and prospective customers who separately provide consent. Messages may be sent using automated technology through our business communications platform.
5.1 Types of Messages
Marketing messages may include special offers, discounts, promotions, product announcements, inventory updates, and service updates.
Non-marketing messages may include responses to inquiries, quote follow-up, requested product information, order updates, delivery coordination, customer-service communications, and other transaction- related messages.
5.2 Consent Is Optional
Consent to receive SMS/text messages is voluntary and is not a condition of purchasing any goods or services. Where both marketing and non-marketing messages are offered, consent for those categories is collected separately. A customer may decline SMS consent and still submit a form, request a quote, or make a purchase.
5.3 Message Frequency and Charges
Message frequency may vary based on your interactions with Simmons Attachments, the type of messages you request, and whether you have opted into marketing messages. Message and data rates may apply according to your mobile carrier plan.
5.4 Opt-Out
You may opt out of SMS/text messages at any time by replying STOP to a message from Simmons Attachments. After you send STOP, you may receive a confirmation that you have been unsubscribed. No further messages will be sent to that mobile number for the applicable messaging program unless you later provide new consent or unless otherwise permitted by law for a communication you specifically request.
5.5 Help and Support
For assistance with the Simmons Attachments text messaging program, reply HELP to a message from Simmons Attachments or use the contact information published on the Simmons Attachments website.
5.6 Carrier Disclaimer
Wireless carriers are not liable for delayed or undelivered messages. Delivery is subject to effective transmission by your wireless carrier and network availability.
5.7 Privacy
Information collected through the SMS/text messaging program is handled according to the Simmons Attachments Privacy Policy available on the Simmons Attachments website. Mobile opt-in data and consent are not shared with third parties or affiliates for their own marketing or promotional purposes.
6. Electronic Communications
When you communicate with Simmons Attachments electronically, including through website forms, email, or SMS/text messaging, you consent to receive responsive electronic communications as permitted by your choices and applicable law. You are responsible for providing accurate contact information and for keeping your contact information current.
7. Intellectual Property and Website Use
Unless otherwise stated, website content created by or for Simmons Attachments, including text, graphics, branding, layout, and original media, may not be copied, reproduced, republished, or commercially exploited without permission. Manufacturer names, logos, product names, and trademarks belong to their respective owners.
8. Prohibited Use
Using the website for unlawful, fraudulent, abusive, or deceptive activity.
Attempting to interfere with website security, availability, accounts, or systems.
Submitting false identity, payment, delivery, machine, or contact information.
Scraping, copying, or using website content in a way that violates applicable law or intellectual-property rights.
9. Disclaimer of Website Warranties
To the fullest extent permitted by law, the Simmons Attachments website and general informational content are provided on an "as available" basis. Product-specific warranties, if any, are governed by the applicable manufacturer warranty or separate written terms. Nothing in these Terms excludes rights or warranties that cannot legally be excluded.
10. Limitation of Liability
To the fullest extent permitted by applicable law, Simmons Attachments will not be liable for indirect, incidental, special, exemplary, or consequential damages arising solely from use of or inability to use the website. This limitation does not alter any liability or remedy that cannot be limited under applicable law, and it does not replace the terms of any separate written sales or warranty agreement.
11. Governing Law
These website Terms and Conditions are governed by the laws of the State of Alabama, without regard to conflict-of-law rules, except where federal law or another mandatory law applies.
12. Changes to These Terms
Simmons Attachments may update these Terms and Conditions from time to time. Changes will be effective when posted with a revised effective date. Continued use of the website after an update constitutes acceptance of the revised terms to the extent permitted by law.
13. Contact and Support
For questions about these Terms, a transaction, or the SMS/text messaging program, contact Simmons Attachments using the contact information published on the Simmons Attachments website. For SMS assistance, reply HELP. To opt out of SMS, reply STOP.