Conditions of Sale
1. CORRECTNESS OF DESCRIPTION: Robert C. Eldred Co., Inc. (hereinafter referred to as Eldred's) has exercised reasonable care to catalog and describe correctly the property to be sold, but neither Eldred's nor its consignors warrant the correctness of description, attribution, authenticity, or condition of said property. No statements shall be deemed such a warranty or representation or an assumption of liability with respect thereto, but are to be construed as opinions only. Bidders are encouraged to personally examine all property to be sold prior to the beginning of the auction.
2. Unless otherwise announced by the auctioneer at the time of sale, all bids are per lot as numbered.
3. Eldred's reserves the right to withdraw any property before the sale.
4. DETERMINATION OF HIGHEST BIDDER: The highest bidder accepted by the auctioneer shall be the buyer. In the event of any dispute between bidders, the auctioneer may determine who is the successful bidder or the auctioneer may re-offer the article in dispute and his decision shall be final.
5. REJECTION OF BIDS: The auctioneer reserves the right to reject any nominal raise or any bid or raise which, in his opinion, is not commensurate with the value of the article being offered. At his discretion, he may also reject any nominal raise or any bid that he may determine as having a detrimental effect on the item in question or the sale as a whole. Eldred's may refuse to issue bidding privileges to any person not in good credit standing with Eldred's, who has no credit standing, or to any person who is deemed by Eldred's in its sole discretion, to be disruptive of or harmful to established auction practices, either before or after the acceptance of bids or the fall of the hammer.
6. TITLE: Except as herein otherwise provided, title will pass to the highest bidder as determined by the auctioneer, and the property is thereafter at the purchaser's sole risk and responsibility.
7. PAYMENT: On title passing to the highest bidder acknowledged by the auctioneer, and subject to all the conditions set forth herein, such bidder will thereupon pay the full purchase price. Payment in full is due within 7 days of the time of sale. Any bills not paid in full within 25 days of the date of the sale will accrue interest at a rate of 1.5% per month. In addition, the purchaser may be subject to one or more of the following actions: a) Any and all legal remedies available to Eldred's and its consignors by law including without limitation the right to hold the purchaser liable for the total purchase price; b) Immediate cancellation of the sale, with Eldred's retaining as liquidated damages all payments made by the purchaser; c) Resale of the property at public auction, wherein the original purchaser shall be liable for any deficiency, costs, and Eldred's commission on both sales. At Eldred's option, payment will not be deemed to have been made in full until Eldred's has collected funds represented by checks, or in the case of bank or cashier's checks, their authenticity has been confirmed. A buyer's premium will be added to the hammer price to be paid by the buyer as part of the purchase price.
8. ORDER BIDS: Subject to these Conditions of Sale and to such terms and conditions as it may prescribe, but at no charge to the customer, Eldred's will undertake to execute all order bids submitted to it by a customer who has established credit with said company. Requests for such bidding must be given in writing with such clearness as to leave no room for misunderstanding as to the amount to be bid and must state the catalog number and the name or title of the article to be bid on. Telephone bids must be confirmed in writing or by cable. All bids are kept in strict confidence. In the event of identical bids, the earliest will take precedence (This applies to bids left directly with Eldred's NOT for online left bids). IMPORTANT ONLINE BIDDING NOTE: Because the live auction console does not differentiate between left bids and live bids, the first bid accepted by the auctioneer is the winning bid, regardless of the time the bid was originally left. Eldred's shall not be held responsible for errors or failure to execute bids. A deposit of 10% of the total amount bid is required. TELEPHONE BIDS: While the sale is in progress, bidding by telephone may be allowed by the auctioneer at his discretion. A deposit of 10% of the anticipated top bid is required. Eldred's shall not be held responsible for any failure to properly execute such a bid whether it be due to equipment failure, loss of connection, or failure to hear or understand the bidder's directions. Any advice or opinions provided by Eldred's or its employees are given strictly as a courtesy and are not a warrant of condition, attribution, authenticity, or description of said property. All bidding by telephone is solely at the risk of the bidder.
9. CONDITION: If for any cause whatsoever any article sold cannot be delivered, or cannot be delivered in as good condition as the same may have been at the time of sale, due to a failure or damage on the company's part, the sale will be cancelled, and any amount that may have been paid on account of the sale will be returned to the purchaser. EXCEPTION: Eldred's will not be held responsible for damage to picture frames or lampshades. Eldreds will not be responsible for damage by the shpping agent or his shippers after it has been delivered to such agent by Eldreds.
10. SALES TAX: All purchases are subject to the Massachusetts sales tax (currently 6.25%) unless the purchaser A) possesses a Massachusetts sales tax exemption or resale number and registers that number with the company, B) is an out-of-state vendor who meets all the requirements of Massachusetts Department of Revenue GLC 64H 1(5) and Directive 89-10 and registers with the company prior to each purchase, or C) has purchases shipped out of state directly from Eldred's by a bona fide shipping agent. Dealers, museums, etc. can apply for a Massachusetts number prior to the auction by contacting the Massachusetts Department of Corporations and Taxation, 100 Cambridge Street, Boston, MA 02204.
11. RESERVES: Unless advertised as an "Unreserved Auction", all sales may have items subject to reserve (an agreed upon price between the auctioneer and the consignor, below which the article will not be sold).
12. COLLECTION OF PURCHASES: Delivery or shipping arrangements must be made within seven (7) days from the close of the auction for all purchases. All items must be removed from Eldred's facilities within fourteen (14) days of the end of the auction. All items remaining after fourteen days may be subject to a $5/per item/per day storage fee. No items will be released unless storage fees are paid in full. Items remaining over thirty (30) days from the close of the auction may be sold for the buyer's account minus auction and storage fees.
13. PACKING and Shipping. In all cases the packing and shipping will be handled by an outside agent and arranged for by the purchaser. Eldreds uses the local UPS store or Pak Mail store. Eldred's will provide alternative shipping suggestions for items to large to be handled by these firms. Any other arrangements are the responsibility of the purchaser. Eldred(TM)s must be informed as to such arrangements. After payment purchases will not be kept in Eldred(TM)s possession pending delivery, for more than a week. The UPS store, Pak Mail Store or shipper of purchasers discretion will be responsible for removing them and storing them at the purchasers expense until shipment. Eldred's will not be responsible for damage or loss once the item has been received by the shipper. In the case of fragile articles, shipping will be undertaken at the sole discretion of the shipper.
14. These Conditions of Sale cannot be altered except in writing by Eldreds or by public announcement by the auctioneer at the time of the sale.
15. Bidding on any article(s) indicates acceptance of the terms set forth above.
16. These Conditions of Sale
Buyer's Premium
Sept. / Oct. Auction, 2016
Absentee Bidding will end Thursday, Sept. 29.
Internet bids accepted any time
Terms and Conditions
1. This is a Live Auction conducted by Holabird's Western Americana Collections (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 $30,000 $500
$30,000 up $1000
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 20% Buyer's Premium added to each lot. These premiums include a 3% discount on the buyer's premium 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 23%.. 1% will be added for Shipping Insurance for a total of 24% or 21%.
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 Credit Card, you must contact our offices beforehand. 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: 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 $5 handling fee will be included in the shipping charge. 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.
19a. Shipping Insurance of 1% of hammer will be applied. It will appear as a 1% added to Buyers Premium
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 on 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 personal 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.
Contract
Your bid is a legally binding contract. Upon the fall of the auctioneer's hammer, title will pass to the highest bidder, and the property is thereafter at the purchaser's sole risk and responsibility. Users must register and be approved to bid before the auction. Eldred's reserves the right to deny approval for any reason. Accounts with private feedback will be approved under any circumstances.
Condition Reports
Prospective buyers should satisfy themselves by personal inspection as to the condition of each lot. Although condition reports may be given on request, such reports are statements of opinion only. Regardless of whether or not a condition report is given, all property is sold subject to Paragraph 1. of the Conditions of Sale which provides that all property is sold "as is". The absence of a condition report does not imply that the property is in good condition. All dimensions are approximate. Eldreds will make every reasonable effort to respond to all emails or phone calls relative to condition up until 24 hours before the sale. If there is no condition report on the web it does not necessarily mean that the item is without repair, refinish, restoration etc. It is the responsibility of the prospective purchaser to contact Eldreds if they are concerned about the condition of an item beyond what is listed online.
Payment
Payment is due within 7 days of the close of the auction. Payment must be in the form of bank or pre-approved personal check or money order. All checks must be drawn from a US bank in US funds. All bank checks must include complete personal information (name, address, phone number) as well as the phone number of the bank the check is drawn on. Eldred's reserves the right to hold merchandise until payment clears. Under no circumstances will Eldred's accept Paypal. Master Card and Visa are accepted provided that the total invoice amount is $5,000 USD or less and the credit card billing address is tied to a valid US zip code. International credit cards are NOT accepted under any circumstances.
Shipping
We require prompt payment and removal of your purchases as stated in Paragraph 12 of the Conditions of Sale. If you plan to pick up your purchases, please call ahead and we'll make every effort to have your items ready. Our physical address is 1483 Route 6A, East Dennis, MA 02641.
Unfortunately it is not possible to provide shipping quotes until the invoice had been paid in full.
We provide limited shipping services directly from our gallery, however eligibility is based on an item's dimensions. Shipments from our gallery may take four to six weeks. We pack and ship small items, small paintings and rugs. Larger items will be transferred to an alternative shipping agent upon your approval. Our staff can assist you with determining if your items qualify. If we are unable to accommodate you, we will provide a list of alternative shipping agents. Allow 7 to 10 business days for checks to clear our bank prior to packing and shipping, or releasing purchases to your chosen shipping agent. You will be charged for the shipping or carrier fees, packing/handling fees, and the required insurance. There is a minimum handling charge of $15.00 for all shipments. Depending on the carrier, insurance limits may exist (ie: Federal Express will only insure up to $500). Shipping estimates can be given only AFTER we receive your payment and form.
COLLECTION OF PURCHASES: Delivery or shipping arrangements must be made within seven (7) days from the close of the auction for all purchases. All items must be removed from Eldred's facilities within fourteen (14) days of the end of the auction. All items remaining after fourteen days may be subject to a $5/per item/per day storage fee. No items will be released unless storage fees are paid in full. Items remaining over thirty (30) days from the close of the auction may be sold for the buyer's account minus auction and storage fees.
Absentee Bids
Because of the manner in which our online system processes and transmits left bids, Eldred's does not receive bid information until the exact moment of sale. Because the bidding console does not differentiate between left bids and live bids, the first bid accepted by the auctioneer is the winning bid, regardless of the time the bid was originally left.
