Western Prospects: Discovering
Americana & Numismatics
Absentee Bidding will end
Thursday, April 9th, 2015 at 5pm PDT,
Internet bids accepted any time
Terms and Conditions
1. This is a Live Auction conducted by Holabird’s Western
Americana Collections LLC (HWAC).
2. Live (Floor) Bidding: Please arrive a few minutes early to check
in and receive your bidding paddle. We will open lots with more
than one bid at the current high absentee bid or 50% of the low
estimate at the auctioneer’s discretion. Please be sure to bid on
the correct lots during the live auction. Our auction progress is at
a rate of between 100 and 200 lots per hour. When the auctioneer
says “sold”, he will identify the successful bidder by number and
announce the winning bid amount. If you are not sure whether you
won the lot or not, it is your responsibility to ask for clarification
immediately. Auctioneer reserves the right to reopen the lot in the
case of an immediate dispute at the actual time of the sale.
3. Telephone Bidding: Telephone bidding requests MUST be
scheduled prior to this auction. If you do not schedule in advance,
and choose instead to call on the day of the auction to request a line
for bidding, you may find that we are unable to accommodate your
request. Please limit your telephone bids to items of value greater
than $500, or to a string of items with a similar total.
4. Agent Bidding: There are numerous professional agents
available to assist you should you require this service. Please
contact the office for a list or to arrange for representation on the
floor during the live auction. HWAC is not responsible for any acts
or omissions by agents acting on behalf of bidders at our auctions.
5a. Live Auction Absentee Bidding: Absentee bids for the live
auction MUST be received by 5pm pacific time the day before
the auction. Bids accepted after the cutoff time will be represented
live only if an agent is available and will not be considered absentee
or given first priority as such. It is your responsibility to submit all
lot numbers and bid amounts accurately. Absentee bids should be
equal to at least 50% of the low estimate if an estimate is provided.
Bids on “No Lots” or “Withdrawn” Lots are considered no-bids.
Bids made in amounts that do not conform to the bid increment
table in item 8 below will be automatically rounded up or down
by the computer, or rounded to the nearest proper bid increment
at the discretion of the auctioneer. Absentee bids are entered
into a computer which will bid live on your behalf at the auction.
Absentee bids will compete live against other absentee bids, live
internet bidders, floor bidders and phone bidders.
5b. NEW BIDDERS: Bidders unknown to us must provide
commercial references or a deposit of 25% of the amount to be
bid in order for the auction staff to execute bids. Deposits will be
credited towards lots won and any balance will be refunded within
10 business days after the auction has concluded. New online
users will be given a spending limit at their initial request. In order
to increase this limit, you may be required to provide a letter of
authorization from your bank in addition to providing references.
Please contact our office at any time if you have questions
regarding spending limits or references required to bid.
6. Internet Bidding: Absentee and Live internet bidding are both
available through our live auction network. If you wish to bid LIVE
via the internet, you MUST pre-register. A live video and sound
feed will be accessible during the auction for those bidding via the
internet. Online bidding remains open through the live auction
and online absentee bids may be placed anytime. Live bidding
will open when the auction starts. Internet bidding is offered as
a convenience for those who cannot attend the live sale. Please
note that there may be delays or interruptions in internet
connectivity that are beyond our control. Attending the live
auction or arranging for an agent is the most reliable way to secure
your bids.
WARNING: Auction participation through the live internet bidding
site is not 100% foolproof. The technology for this process is still
under development, and the operation of it and the corresponding
internet connectivity issues are far beyond our control. Some folks
have attempted to use the live internet bidding process as their
primary method of bidding, and have been quite successful. Others
have failed completely. Depending upon your computer, server,
host, and other factors, internet signals may be delayed, such that
bids may not be received in time. We cannot be held responsible
for these delays, or for the lack of placed bids in a timely manner,
or any other factors leading to unaccepted bids that are far beyond
our control. Bidders should always have a backup plan for lots
they highly desire. Live participation is best, followed by phone
participation. We will not reopen lots for missed bids.
7. Reserves: Most of the lots in this auction are unreserved. Gold is
generally reserved at or near spot, though it could be slightly below
spot.
8. Bidding Increments: All bids must be submitted in U.S. dollars
and in whole dollar amounts only in the appropriate increments
as outlined below. If you choose to submit bids in an increment not
listed below, your bid will be rounded to the nearest increment
and you will be expected to pay the amount to which the bid
was rounded should your bid be the winning bid. If you have any
questions about an appropriate bid amount, please call us.
From: To: Increment:
$1 $95 $5
$100 $190 $10
$200 $475 $25
$500 $1,450 $50
$1,500 $3,400 $100
$3,500 $9,750 $250
$10,000 $max $500
9. Bid Reduction: All winning absentee bids will be reduced, if
necessary, to the next bidding increment up from the last competing
bid, as long as the minimum bid requirement has been met. For
example, if you submit an absentee bid of $1000 and the next highest
competing bid is $250, then you will win the lot for $275.
10. Bid Information: Collectors often ask in advance the price level
of a particular lot. We will give out the current high absentee bid until
we close the day before the live auction. You may also view absentee
bids online at www.holabirdamericana.com. While we try to update
the absentee bids as often as necessary, bids received close to the
bidding deadline might not be reflected online, and we disclaim any
responsibility for any bids made in reliance upon inaccuracies on
our website.
11. Bid Cancellation: If you wish to cancel or change a bid after
you have submitted your bids to us due to an error, you MUST
PHONE us to advise us of this. Bid cancellations through mail,
email, or fax are not advisable. Errors are easy to make and we are
happy to assist all callers.
12. All stock certificates, checks, warrants, and other financial
documents sold herein are sold as antiquities, and have no
financial, securities, or public trading value whatsoever.
13. We reserve the right to reject any bid we feel is not made in
good faith.
14. The placing of a bid shall constitute the bidder’s acceptance
of these terms of sale.15. Buyer’s Premium: There will be a 19.5% Buyer’s Premium
added to each lot. US coins, nuggets, and bullion are calculated at
a 15% buyer’s premium. These premiums include a 3% discount
for transactions paid with cash, checks, money orders or wire
transfers. All other forms of payment are not subject to the 3%
discount and the Buyer’s Premium will be calculated at 22.5%
(18% on US coins, gold, & currency.)
15.Buyer’s Premium: There will be a 19.5% Buyer’s Premium
added to each lot. US coins, nuggets, and bullion are calculated at
a 15% buyer’s premium. These premiums include a 3% discount
for transactions paid with cash, checks, money orders or wire
transfers. All other forms of payment are not subject to the 3%
discount and the Buyer’s Premium will be calculated at 22.5%
(18% on US coins, gold, & currency.)
16. Sales Tax: Sales tax will apply, according to state law, for any
items that ship to or is picked up in Nevada (7.725%) unless a
current, valid resale certificate is faxed to us at 775-851-1834
before bids are placed.
17. Invoicing: Shipping charges will be added to all invoices.
Invoices are mailed or emailed within two business days after the
close of all portions of the sale. Within 15 calendar days of receipt
of invoice, payment is due in full to Holabird’s Western Americana
Collections, 3555 Airway Dr., #308, Reno, NV 89511. Sales tax will
be added to all sales picked-up after the auction or shipped to
Nevada addresses, according to state law, unless a resale certificate
is provided.
18. Payment: We accept Visa, Master Card, Discover, Money
Order/Cashier’s Check, Personal Check or PayPal. A 3% cash
discount is automatically calculated to the Buyer’s Premium on
all sales. That discount will be reversed if payment is made with
a credit card or through PayPal. To pay via PayPal or CC, you must
contact our offices before hand. All returned checks are subject to
a $25 fee. Cash received in amounts greater than $10,000 is subject
to the filing of IRS form 8300, as required by law.
19. Shipping, Handling & Insurance: Shipping will be estimated prior to invoicing, based
on the size and weight of your purchase. All shipping will result
in a minimum charge of $19.00. Additional shipping fees may
be invoiced separately. The buyer is responsible for arranging
and paying for shipment of large or special items. A handling
fee will be added to the shipping charge based on the type of item(s) and amount of labor necessary to package. The customer
is responsible for all shipping charges. We do not ship any
purchases until the auction invoice is paid in full. Purchases
will be shipped via our approved, insured carriers: Federal Express
or the US Postal Service. All items shipped Federal Express or USPS
will be insured for the full value determined at auction by HWAC at
no extra cost to the buyer. Federal Express shipments will be sent
the Monday, Tuesday or Wednesday following receipt of payment.
Pick up is available from our Reno office the next business day after
the auction. NOTE: Some shipments (of unusual size, dimension,
or weight) may require special handling for which individual costs
will be calculated and applied to the shipping charge on the invoice.
20. Non-Payment: HWAC reserves the right to cancel any invoice
not paid in full within 15 days. A cancelled invoice does not relieve
the bidder from their obligation to pay seller fees and buyer’s
premiums compensating HWAC for its services in conducting
the auction. Interest shall run on all outstanding balances at the
highest rate permitted by law. HWAC shall have a lien against the
merchandise purchased by the bidder, and any other of bidder’s
property then held by HWAC or its affiliates, to secure payment
of the invoice, and with respect thereto HWAC shall have all the
rights of a secured creditor under the Nevada Commercial Code,
including but not limited to the right of sale. HWAC may sell the
lot(s) securing the invoice to any underbidders in the auction that
the lot(s) appeared, or at subsequent private or public sale, or relist
the lot(s) in a future auction conducted by HWAC. A defaulting
bidder agrees to pay for the reasonable costs of resale (including
a 10% seller’s commission, if consigned to an auction conducted
by HWAC). The defaulting bidder is liable to pay any difference
between his or her total original invoice for the lot(s), plus any
applicable interest, and the net proceeds for the lot(s) if sold at
private sale or the subsequent hammer price of the lot(s) less the
10% seller’s commissions, if sold at an HWAC auction. If HWAC
refers any invoice to an attorney for collection, the bidder agrees to
pay attorney’s fees, court costs, and other collection costs incurred
by HWAC. Any bidder who fails to follow the terms of payment will
be reported to icollector and may be barred from participating in
future Holabird’s Western Americana auctions.
21. Condition: We strongly recommend that you attend the live
preview to see lots in their entirety. Conditions are not always
noted, and large lots may not be itemized due to catalog restraints.
For questions, detailed information, or additional images of any lot
please contact our office at 775-851-1859. Bidders are responsible
for understanding the condition of items. Conditions noted are
subjective, and may differ in the opinion of different people or
collectors.
22. Return Policy: All items are guaranteed to be authentic unless
otherwise noted. If authenticity is challenged, please call our office
for assistance. You may return any piece that was significantly
inaccurately described by calling our office within 15 days of
receipt of item(s) and notifying us of the error and reason for
return. We do not refund postage or insurance. We have attempted
to describe the items and their condition accurately. If no condition
is given, assume average. Please call us if you require a more
specific condition report. Any items that are returned must be
returned in the exact, unaltered condition. NGC certified tokens
that are returned must be original, unaltered NGC holders. Any
tokens removed from the original NGC/NCS certification holders or
items returned in an altered condition are deemed not returnable
under any circumstances. When we receive your bids we will
assume you have read the description in the catalog, viewed the
image of the item, have contacted us regarding any questions you
may have on any lot and/or have previewed the lot in person.
Therefore, returns are only accepted if prior approval is given by
Holabird’s Western Americana Collections.
23. This sale is being held under the laws of the state of Nevada,
without reference to choice of law rules.
24. HWAC shall not be held responsible for any problem
due to the bidders failure to follow the rules, terms and
conditions of this sale, or any failure to bid due to the loss
of the online auction process provided by any of the online
auction networks; or missed bids, changed bids or cancelled
due the bidders failure to follow the proper bidding procedure
outlined herein.
25. By placing a bid or otherwise participating in the auction,
Bidder accepts these Terms and Conditions, and specifically agrees
to the dispute resolution provided herein.
26. HWAC shall not be responsible for consequential damages,
incidental damages, compensatory damages, or any other damages
arising or claimed to be arising from the auction of
any lot. Bidder’s sole remedy for any proven act or omission shall
be rescission of sale and refund of the amount paid by Bidder.
27. Any claim, dispute, or controversy in connection with, relating
to and/or arising out of the Auction, participation in the Auction,
award of lots, damages of claims to lots, descriptions, condition
reports, provenance, estimates, return and warranty rights, any
interpretation of these Terms and Conditions, any alleged verbal
modification of these Terms and Conditions and/or any purported
settlement shall be exclusively heard by, and the parties consent to
exclusive in personam jurisdiction of, the Superior Court of Washoe
County, Nevada. THE PARTIES EXPRESSLY WAIVE ANY RIGHT TO
TRIAL BY JURY. Any claim must be brought within one (1) year of
the auction from which the claim arose or the claim is waived. In
every case, the prevailing party shall be entitled to an award of its
attorney’s fees and costs.