NOT SOLD (BIDDING OVER)
0.00USD+ applicable fees & taxes.
This item WAS NOT SOLD. Auction date was 2018 Jun 23 @ 08:00UTC-7 : PDT/MST
SHIPPING & HANDLING: Shipping and Handling cannot be estimated prior to invoicing, based on the size and weight of your purchase. All shipping is subject to a minimum charge of $19.00. If additional shipping and handling costs are required, the buyer will be reinvoiced for the balance due. Items are not shipped until the invoice is completely paid. Many buyers purchase a number of lots. Every effort will be made to include all lots in a single shipping charge calculated to cover the weight and size of the package(s). NOTE: Some shipments (of unusual size, dimension, or weight) may require sp...
The Gottschalk Aurora Collection
Sam Clemens (Mark Twain) Worked on Many of These Mines!
Fred N. Holabird
Overview
The Gottschalk Aurora Collection comes to us from the same geologist as the major part of this collection that we sold a number of years ago. At the time, the geologist thought he had the Aurora and Bodie sections of the collection put away in storage. Years later, we have here the Aurora collection, and regret the majority of the Bodie specimens may have been inadvertently discarded over time.
Additional items from the Gottschalk Collection have come to our attention over the past few years as well. Gottschalk, a University of Nevada Professor in the 1930’s, collected and assembled an important massive collection of ore specimens from Nevada, California and the West. A number of specimens have been found in western collections from collectors who may have traded with the owner of the Gottschalk Collection in the 1970’s.
I had opined in the initial Gottschalk offering that the collection itself must have been collected by professional mining geologists or mining engineers through history, particularly by those who worked for the USGS, or mine owners themselves. This portion of the Gottschalk Collection offered yet a new opportunity to test the provenance thesis. In this case, there is only one published paper on Aurora, that of James Hill in 1915 in USGS Bulletin 594, “Some Mining Districts of Northwestern California and Northwestern Nevada.” Hill published a paper with an illustration of a crystalline adularia specimen that is so close in appearance to one of the two in the Gottschalk Collection, that significant time was spent to determine if it was, in fact, the very same specimen. It is not, but it does lead us to the conclusion that Hill himself may have collected the adularia in the Gottschalk Collection, as this mineral, a key to modern-day ore deposit exploration geologists, was generally not recognized by the early miners and engineers of the 1860’s. Thus the conclusion today that some of the specimens in the Aurora Gottschalk Collection are from Hill himself.
Introduction
The Aurora mines produced in excess of $29 million in the first ten years. Sam Clemens himself worked and prospected many of the mines at Aurora in 1861-1862, working on many of the mines whose specimens are found here in the Gottschalk Collection. Under his pen name Mark Twain he wrote about many of his mining adventures in “Roughing It” (1872).
The Aurora, Nevada mines have a fairly unique distinction. Discovered in late summer, 1860 on the heels of the great Comstock discoveries, there was a flurry of discovery and production that lasted about four years. The Esmeralda District had the distinction of being part of Mono County until the re-survey of the Nevada Territorial-California state line “moved” the district from California to Nevada starting just before 1863. As such, early production is reported in California – the productive years. After that, there was only a small amount of production, often unreported, until the Aurora Consolidated took control of the district after 1900. A small open pit was put into production in modern times, hampered by a faulted off ore body extension.
Technical literature on the district is exceptionally limited. Though the district was a significant producer from 1860-1863, there is only one technical report by the USGS (James Hill, 1915, as noted above). The reporting was limited to reports of the (Nevada) State Mineralogist (1866-1878), US Mineral Commissioner reports (J. Ross Browne and Ross Raymond, 1866-1877), reports of the Director of the US Mint (Burchard, 1880-1885), and a few scattered news articles (See references published in Lincoln, 1923). The Nevada Bureau of Mines only has a short report, mostly reciting Hill of the USGS 1915 report.
The Discovery Period
According to Hill, the first vein discovered in the district was called the Old Esmerelda staked on August 22, 1860 “at the south end of the productive area”. The discovery itself was well documented by Kelley in the First Directory of Nevada Territory in 1862. Three prospectors found rich silver ore and staked four claims. They then took off to Monoville, 25 miles distant, where they shared their excitement, and 5 days later, brought 25 of their new best friends to stake more claims.
A rush ensued. The town of Esmerelda sprang up immediately in the gulch next to the discovery, only to be moved a mile and a half north shortly after to accommodate more people.
Hittell in 1861 noted: “the main lode, called the Esmeralda, runs north and south, with the width 30-60 feet of quartz running through porphyritic greenstone…the town of Esmeralda is at the base of the hill, on the side of which is the claim of the same name now lies….two miles further north…is the town of Aurora.
The first mill was built in 1861 by Edmund Green. By 1864 there were 17 amalgamation mills, the largest of which was the 30 stamp Real Del Monte Mill. That year, all hell broke loose in the district. Several of the key mines were thought to have been exhausted, and massive litigation took place regarding ownership, such that most production started to come to a standstill.
Clemens himself had a lot to say about the mills (in 1862): “mills not worth a Damn except Clayton’s” which was the only mill equipped to handle silver ores, while the others were amalgamation mills better equipped to extract free gold. . Clayton’s mill, built by Joshua Clayton, was on Martinez Hill and ran the Esmeralda and Real del Monte ores in 1860. Clayton was a co-locator with A.D. Allen, one of Bodie discoverers and early Comstock claimants.
By 1864, the population had doubled or more to about 5000 people, and activity was everywhere. There were a reported 40 brick buildings, several of which were three stories. Nine quartz mills were active, with three more under construction. This significant activity, and that of the prior few years were reported in the main western press and the mining press. Like the Comstock, prospecting and mine development of silver-gold deposits were in their infancy in the West. We had no official gold and silver production reporting mechanisms, either State or Federal. In 1865, the young state of Nevada appointed a State Mineralogist, Richard Stretch, whose first report published in 1866 began to expose more information on Aurora.
A year later, the federal Government created the office of US Mineral Commissioner, and former San Francisco Customs Revenue Officer J. Ross Browne filled the bill. His first published report in 1867 contained important notes, which were an important revelation to America’s lay population and investment community: “Large masses of rich ore were found at the Wide West and Real del Monte.” He also noted that the mills couldn’t get enough “pay ore” to keep the mills running – a sure fire indication that there was a strong silver-gold association, not just free gold. He also made a comment that the geologists all thought the deposits were all shallow. Nonetheless, Browne followed up the next year, published in 1868, with a bit more thorough report. In this report, Browne was opinionated. He stated that he believed the mining crash at Aurora was because of the lack of proper exploration and development. He called it a disorganized mining free-for-all in which pillars were mined, pockets mined, and little attention paid to mineralized trends. A later author of a paper on Aurora from 1880, Wasson, appeared to paraphrase Browne’s comments.
Regardless of Browne’s comments on the lackadaisical nature of the mining business at Aurora, Browne noted that there was still some growth, with 10 mills, most with just two stamps. Perhaps the most interesting statement he made was about the boulders of quartz with silver sulfides (and native gold) “laying loose on the surface of the ground”.
Browne left his job as Mineral Commissioner when the Fed didn’t pay him. A bright new mining engineer took his place. Rossiter Raymond, later long term president of the American Institute of Mining Engineers, published reports for the next decade, until he too was left unpaid. Of significance, Raymond’s first report of Aurora (1869) stated: “there is nothing of importance to report from this county.”
By the end of 1869, it had been reported that total production for the district was nearly $30 million, with $27 million shipped by Wells, Fargo & Co. All other authors claimed the production over the next ten years was nothing (zero), basically indirectly refuted by Hill and common sense.
All sources except Hill state that the camp became inactive after 1869 until 1882. Hill maintained the camp remained in steady production, though there are no production records. I believe Hill must be correct, as the population in 1880 alone was 500 people, according to Angel (1882), far too many for a deserted, unproductive mining camp. English interests later acquired and consolidated properties on Last Chance Hill and actively mined from 1887-1892, mining to a depth of 800 feet. The post-1900 boom resulted in a consolidation of properties by the Cain Consolidated Co., the Aurora Mines Co., and Aurora Consolidated. By 1915, most of the ground had been acquired by Goldfield Consolidated (owned 87% of Aurora Consolidated, purchased in 1914), who built a 500 ton cyanide mill. In 1916, the mill treated 173,270 tons, with 337,000 tons of proven reserves.
Francis Church Lincoln, who published the first statewide report of Nevada mining districts, reported that: the best mines were the Wide West, Real del Monte, Antelope, Pond, Young America. “Much of the work done in the district strikes a stranger as badly planned, if indeed any system can be detected in it”.
The district saw a resurgence of activity in the 1990’s, with the construction of an open pit operation and heap leach.
Notes on some of the mines
The largest and richest veins were the Antelope, Lady Jane, Eureka, Cortez, Utah, Spotted Tiger, Bald Eagle, Old Esmeralda (60’) and Radical. The veins are generally 18” to 4’ wide, traceable for hundreds of feet. The early discoveries appear to have been along exposed walls of creek beds and on the ridge tops, both two places where natural erosion shows off the underlying geology.
Sam Clemens to Aurora
The first mill was built in June 1861, the population was 2000 by August, and a young Sam Clemens showed up in September, lending historians one of the few first hand accounts from prospecting men, rather than social historians. He left in fall to return the following year. During his absence from Aurora, he went to Unionville, where he and his partners staked claims there in the fall-winter of 1861.
Clemens returned somewhere between April 3 and 9, 1862 (big snow). He was there on Sept. 9 1862 when the post office opened as “Esmeralda, Mono Count Cal.” Clemens stayed in Aurora prospecting to mid September 1862, then went to Virginia City and accepted the job at the Territorial Enterprise.
Clemens and his brother Orion were excited about their prospects. Orion was sure they “will strike the ledge in July” after the snow melts. Orion claimed the ground was worth $30-50/ft. This excitement could easily have been the foundation of the Clemens Gold & Silver MC.
Clemens was so enamored with prospecting, that he readily shared his excitement with his family and friends in his letters: “I am on my way now with picks, & etc, to work on my pet claim. If it proves good, you will know all about it someday, if it don’t you will never even learn its name. So wait, and banish hope – for I have resolved that it is like most Esmeralda ledges, viz:worthless.”
A “Blind lead” was what Clemens was always looking for near the Antelope and Wide West. The concept is simple- since most of the major ore veins at Aurora were visible at the surface, traceable for hundreds of feet. Clemens, and others, assumed that there were just as many “blind leads” that could be found only by prospecting, so Clemens and partners spent much time digging trenches and pits to look for the elusive smaller gold-silver veins that could not be found by looking at outcrops at the surface.
Living in Aurora was not cheap. It cost Clemens $8-10/week to live in Aurora, so he roomed with another prospector, Horatio Phillips. Clemens lived the life of a young prospector, getting worn out each day. “The pick and the shovel are the only claims I have confidence in now. My back is sore and my hands blistered…”
Sam Clemens Mining Claims
Clemens was exceptionally active in prospecting, staking, buying and trading local mining claims, as would be any eager prospector looking to discover a new “lead” or vein. This was especially true because the Aurora discovery came right on the heels of the Comstock, and no one knew if Aurora would become another Virginia City. That is the essence of the chase for the “El Dorado.”
The editor of Mark Twain’s Letters claimed in a footnote that the Clemens (and his brother) owned parts or all of thirty different ledges (claims) (or stock in them), 28 are listed here:
Anapolitan Spur; Antelope Spur; Black Warrior; Clemens G & SMC, 1862, started by the Clemens brothers; Dashaway; Dimes Blind; Douglass; Farnum (possibly named for the first assayer at the Dahlonega Mint); First NE Ext Fresno; First North Ext Antelope; First West Ext Flyaway; Flyaway; Fresno; Gov Nye, Named for James Nye, the Nevada Territorial Governor; Horatio & Dashaway Tunnel; Horatio, Named for Clemen’s roommate, Horatio Phillips; Johnson Ledge (this is the blind lead of SLC and Higbie, who were “millionaires for 10 day”, it was supposedly right next to, or intersecting with the wide west; La Plata; Live Yankee; Monitor, Named for the Union warship 1862, Clemens owned 50’; Mountain Flower; Mountain House; National; North Ext of Anapolitan; Pugh; Red Bird; Second East Ext Antelope, of which Clemens remarked in a letter: “if we find it, our fortunes are made- if we don’t – they ain’t.” (P202, letters, V1.); Second East Ext Flyaway.
There are many letters know of social history importance, but few of mining history and economic history. These include the Crittenden correspondence, the Caughlin correspondence, Howland and others.
Auction Location:
3555 Airway Drive Suite 309, Reno, Nevada, 89511, United States
Previewing Details:
Preview will be at our Auction Location,
3555 Airway Drive Suite 309
Reno, NV 89511
on Thursday, June 21st, from 9:00 am to 5:00pm or by appointment.
Please call 775-851-1859
Nevada State Sales Tax
Taxes:
Tax | Rate | Desc. |
NSST |
8.265% |
Nevada Sales Tax |
Buyer's Premiums:
From (Incl.) | To (Excl.) | Premium |
0.00 |
Infinite |
25% |
Additional Fees:
Fee | Amount | Applicable Locations | Applied To |
Handling |
5.00
|
Not Applicable
|
This fee applies to the total of the invoice
|
Shipping Details:
SHIPPING & HANDLING: Shipping and Handling cannot be estimated prior to invoicing, based on the size and weight of your purchase. All shipping is subject to a minimum charge of $19.00. If additional shipping and handling costs are required, the buyer will be reinvoiced for the balance due. Items are not shipped until the invoice is completely paid. Many buyers purchase a number of lots. Every effort will be made to include all lots in a single shipping charge calculated to cover the weight and size of the package(s). 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. The buyer is responsible for arranging and paying for shipment of large or special items. The customer is responsible for all shipping charges. 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, which is included in our buyer’s premium. Pick up is available from our Reno office the next business day after the auction.
Large, heavy or fragile items will incur extra shipping charge. After initial payment we will pack your shipment and print shipping label. We will then re-invoice you for any additional charges.
Please consider extra costs of shipping and handling charges when you make your purchases.
We encourage you to pick up items after the auction. Many items may require special handling and would incur additional handling and shipping costs way beyond those anticipated.
Payment Details:
Due on receipt of invoice.
If paying by Credit Card please call our office at 775-851-1859 to arrange payment.
Accepted Payment Methods:
- VISA
- Master Card
- AMEX
- Discover
- Money Order/Bank Draft
- Check/Cheque
- COD (cash on delivery)
- PayPal
- Wire Transfer
Terms and Conditions
This is a Live Auction conducted by Holabird Western Americana Collections, LLC (HWAC).
1. The placing of a bid shall constitute the bidder’s acceptance of these terms of sale.
2. BUYER’S PREMIUM & INSURANCE: There will be a 25% Buyer’s Premium added to the sale price (hammer) of each lot. We accept cash, checks, money orders or wire transfers, credit cards and PayPal.
3. COINS, CURRENCY AND PRECIOUS METALS, Insurance. The buyer’s commission for this section is 20.5%. Coins and currency shall be defined as any regular Federal issue circulating coins and currency. Tokens are not considered coins. Precious metals shall be defined as ingots, silver or gold rounds, bullion items, gold nuggets. Mineral specimens are not considered under the precious metals category. Commemorative items such as metals and ribbons are not considered coins or precious metals. However, lots that consist entirely of gold or silver of high purity, including commemorative metals, are considered precious metals. Please contact our office if you need clarification on a specific lot.
4. SALES TAX: Sales tax will apply, according to Nevada State law, for any items that ship to or are picked up in Washoe County, Nevada (8.265%) unless a current, valid resale certificate is faxed to us at 775-851-1834 before bids are placed.
5. SHIPPING & HANDLING: Shipping and Handling will be estimated prior to invoicing, based on the size and weight of your purchase. All shipping and handling is subject to a minimum charge of $19.00. If additional shipping and handling costs are required, the buyer will be re-invoiced for the balance due. Items are not shipped until the invoice is completely paid. Many buyers purchase a number of lots. Every effort will be made to include all lots in a single shipping charge calculated to cover the weight and size of the package(s). 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. The buyer is responsible for arranging and paying for shipment of large or special items. The customer is responsible for all shipping charges. 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, which is included in our buyer’s premium. Pick up is available from our Reno office the next business day after the auction.
6. 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 60 and 200 lots per hour. An item is not sold until the next lot is announced. (We cannot be responsible for Internet bids that arrive late.) The auctioneer 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, prior to the start of the next auction lot. Auctioneer reserves the right to reopen the lot in the case of an immediate dispute at the actual time of the sale.
7. 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.
8. LIVE AUCTION ABSENTEE BIDDING: Mail or FAX 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 MUST 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 that 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.
9. INTERNET BIDDING: Both Absentee and Live Internet bidding are available through our live auction networks. If you wish to bid LIVE via the Internet, you MUST pre-register. A live feed is generally 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.
10. NEW BIDDERS: Bidders unknown to us, who anticipate an expenditure in excess of $20,000, 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 bidders will be given a spending limit at their initial request to participate. 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.
11. 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.
BE ADVISED: Auction participation through the live Internet bidding site is not 100% foolproof. The technology for this process is always changing, 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.
12. 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.
13. 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.
14. 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.
15. BID INFORMATION: Collectors often ask in advance the price level of a particular lot. We will give out the current competitive 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, which may be beyond our control. We do not own any of the live Internet bidding platforms, and thus many aspects of the Internet technology are out of our control.
16. 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 faxes are not advisable. Errors are easy to make. Please call us if you have any questions on this.
17. 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.
18. We reserve the right to reject any bid we feel is not made in good faith.
19. 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 Western Americana Collections, 3555 Airway Dr., #308, Reno, NV 89511. LATE FEES MAY BE ADDED IF PAYMENT ARRANGEMENTS ARE NOT MADE WITHIN THOSE 15 DAYS. Sales tax will be added to all sales picked-up after the auction or shipped to Nevada addresses, according to Nevada State law, unless a resale certificate is provided.
20. PAYMENT: We accept Visa, Master Card, American Express, Discover, Money Order/Cashier’s Check, Personal Check or PayPal. Customers wishing to pay by check or money order MUST contact our office for an invoice total before sending payment 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.
21. SHIPPING & HANDLING: Shipping and Handling cannot be estimated prior to invoicing, based on the size and weight of your purchase. All invoices are subject to a minimum shipping and handling charge of $19.00. If additional shipping and handling costs are required, the buyer will be re-invoiced for the balance due. Items are not shipped until the invoice is completely paid. Many buyers purchase a number of lots. Every effort will be made to include all lots in a single shipping charge calculated to cover the weight and size of the package(s). 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. The buyer is responsible for arranging and paying for shipment of large or special items. The customer is responsible for all shipping charges. 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, which is included in our buyer’s premium. Pick up is available from our Reno office the next business day after the auction.
22. 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 under bidders 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 Western Americana auctions.
23. 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.
24. RETURN POLICY: All items are guaranteed to be authentic unless otherwise noted. If authenticity is challenged, please call our office for assistance. ALL SALES ARE FINAL. You may only return any piece that was significantly inaccurately described by calling our office within 10 days of receipt of item(s) and notifying us of the error and reason for return. We do not refund postage or insurance. Please call us if you require a more specific condition report. Any items that are returned must be returned in the exact, unaltered condition. 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.
25. This sale is being held under the laws of the State of Nevada.
26. HWAC shall not be held responsible for any problem due to the bidder’s 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 bidder’s failure to follow the proper bidding procedure outlined herein.
27. 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.
28. 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.
29. 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.