SOLD
2,500.00USDto b*******e+ buyer's premium (625.00)
This item SOLD at 2020 Dec 18 @ 08:48UTC-8 : PST/AKDT
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SHIPPING & HANDLING: Shipping is subject to a minimum charge of $19.00. Shipping and handling cannot be estimated prior to invoicing as it is based on the size and weight of your purchase. Additional shipping and handling costs, if required, 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.SHIPPING & HANDLING: Shipping and Handling cannot be estimated prior to invoicing, based on the size a...
Reports of Explorations and Surveys to Ascertain the Most Practicable and Economical Route for a Railroad from the Mississippi River to the Pacific Ocean.
The Railroad Surveys are unarguably one of the most important historical works about the West. Many book collectors think "railroad" when they see these volumes, but in reality, it is a culmination of the overall understanding by the Government that the development of the West was inevitable. The California Gold Rush sealed the fate of the West. It became an immediate important part of the Union, and Uncle Sam needed to find a way to get people and supplies out West. Not only for California, but Oregon and other western states were calling too. We, as a country, knew little of the "interior.". Most traveled West through Mexico, Panama, or around the Horn to get to the Pacific Coast. Few chanced crossing the wide expanse across the middle of the continent. We knew little of the original peoples that inhabited the land, little of the terrain, and were scared to death of the massive mountain ranges that turned back and defeated the likes of Fremont et al and the Donner expeditions of the 1840s. These surveys are a formal diary of documentation of the expeditions that crossed the continent in the northern and southern parts of the continent looking for some feasible way and place to put a transcontinental railroad. Add to this the Simpson Expedition through central Nevada and you've got a virgin look at three major potential routes from the East Coast to the West Coast. It is original source material - the very best reporting of everything- from rocks to flowers and plants to wildlife and original peoples. It is a must-have for any serious students of Western history - a formal and documented recordation of previously unseen territories and a monumental effort.
Volume I
Published in 1855. This is the first volume of a monumental 12-volume report. It contains extensive correspondence and formal reports summarizing the entire effort, including a thorough description of the characteristics and practicability of each route. The several routes are organized by the parallels of north latitude that they generally follow, from the 35th to the 49th parallels, and they include information on the Indian communities that exist, the availability of lumber for ties and construction, weather data, and other records. This volume includes reports by Jefferson Davis and others, such as the "Memoranda on Railways, Office of Pacific Railroad Surveys" by Brevet Captain George B. McClellan of the Corps of Engineers. There are no illustrations in this volume. Hardcover. 9-1/2 x 12 inches, viii + 651 pages. This volume is worn, but the binding is intact and all the pages appear to be present.
Volume II
Published in 1855. Volume II covers the routes through Kansas, Colorado, Utah and Nevada, including the report on the route on the 38th and 39th parallels, written by Captain J.W. Gunnison in Salt Lake City shortly before he was killed by local Indians. This report is accompanied by a number of beautiful colored lithographed plates of western scenery. There are also 20 botanical plates showing flora from the 38th, 39th, and 41st parallel routes, as well as several plates of fossils. Hardcover. 9-1/2 x 12 inches, 128 + 132 + 45 + 185 + 50 + 28 + 22 pages; 12 color lithographed plates, 20 lithographed botanical plates, 4 lithographed geological plates, and 1 color map. This volume has been water damaged, and there are pages with tears and crumbling edges, and some pages near the front are stuck together. However, all the pages appear to be present including the plates and the map. The binding is still intact, but about one-quarter of the back cover is missing.
Volume III
Published in 1856. The ethnographic volume. This report described the route explored along the 35th parallel by Lieutenant Amiel Weeks Whipple, from Little Rock, Arkansas, through Oklahoma, past Amarillo, along the Arkansas and Canadian Rivers, through New Mexico and Arizona, to Los Angeles. A notable section of this report concerns the Indians of the region, which includes many black and white illustrations and eight colored lithographs, and a section on the geology. Hardcover. 9-1/2 x 12 inches, 36 + 136 + 77 + 127 + 175 pages; with many black and white illustrations in the text and 21 colored lithographed plates, 8 graph plates of barometric pressure measurements, 2 geology plates, a folding chart of elevations, and two folding charts of geological cross-sections, one of which is loose, and the other is still bound into the book. This volume is heavily worn, foxing appears throughout, and the cover cloth is loose at the front hinge. All pages and plates are still attached in the binding except as noted for the cross section above.
Volume IV
Published in 1856. Volume IV is the botanical report which describes the botany on the route explored along the 35th parallel by Lieutenant A.W. Whipple, from Little Rock, Arkansas, through Oklahoma, past Amarillo, along the Arkansas and Canadian Rivers, through New Mexico and Arizona, to Los Angeles. This volume was devoted almost entirely to botanical studies, mostly conducted by Dr. J.M. Bigelow. It includes reports on trees by Bigelow (no pics), Cacti by George Engleman (24 plates), a description of the general botanical collections brought back by Bigelow, by Gray (25 plates), and mosses and liverworts by W.S. Sullivan (10 plates). This is followed by an unillustrated summary section of the zoology report, with a note that the full report will appear later, and appendices on astronomical, magnetic, climatological, and barometric observations, Hardcover. 9-1/2 x 12 inches, 193 + 288 pages; large folding colored chart showing tree types on a topographic cross section; 24 lithographs of cacti; 25 botanical lithographs and 10 lithographs of mosses and liverworts. The binding is intact, though the covers are heavily worn. All of the pages appear to be present, except for Plates X and XVIII in Part V, No. 3. which have been cut from the binding.
Volume V
Published in 1856. This is the Southern California volume which highlights the geology, deserts, valleys, and flora of southern California, as far north as San Francisco. There are views of the settlements of Los Angeles and San Diego, many lovely views of the deserts, valleys and mountains, and discussion and illustrations of the botany of the area, as well as many plates of fossil shells. Hardcover. 9-1/2 x 12 inches; 43 pages plus 12 colored lithographs; 370 pages plus 14 colored lithographed plates, geological cross-section plate, large folding geologic map of southern California, and three colored map plates; 7 folding geological tables showing elevations, several are colored; 11 lithographs of fossils, mostly shells, numbered 1-9, 1-12, with no reference to any plate 10 in the text to indicate that there ever was one; 10 lithographed botanical plates; 15 pages plus 18 botanical plates; 14 pages. The binding is intact and the covers, though worn, still show the original marbled paint pattern. All pages and plates appear to be intact and there is minimal foxing on the pages.
Volume VI
Published in 1857. This is the California-Oregon report by Lieutenant Henry Abbot on the expedition, under the command of Lieutenant R.S. Williamson, to find routes from the Sacramento Valley to the Columbia River. The first section described the routes and terrain, followed by sections on the geology, the botany (with many colored plates illustrating trees, including the Ponderosa Pine), and the zoological report which included fishes, birds and mammals of the region. Hardcover. 9-1/2 x 12 inches; 134 pages + 3 lithographic chart and 12 colored lithographs of scenery + 2 maps; 85 pages + 1 colored lithograph and 4 lithographs of fossil shells; 102 pages + 10 colored lithographs of trees, + 6 lithographs of plants; 114 pages, + 11 lithographed plates of fishes, + 2 colored lithographs of birds, + 3 lithographed plates of mammals; + iv + 64 pages and an errata sheet. The outside of the binding is loose, and the covers are heavily worn. There are at least two sections of several pages inside that are separated from the stitching. Nonetheless, all the pages and plates appear to be present. Pages show considerable foxing.
Volume VII
Published in 1857. This is the Southern California report by Lieutenant John G. Parke on the routes from San Francisco to Los Angeles, and also from the Pimas villages on the Gila River to the Rio Grande. Hardcover. 9-1/2 x12 inches; 42 pages plus 8 colored lithographed plates + 2 maps and 1 profile; + 204 pages plus 10 lithographed paleontology plates; plus 14 geological plates; plus 2 folding colored plans / maps; + 28 pages plus 8 lithographed plates of plants; + 116 pages plus 11 lithographed weather tables; + 37 pages and an errata sheet.
Volume VIII
Published in 1857. This is the first part of the Zoology Report (second part in Volume IX), which was noted in earlier volumes as "not ready yet." This volume covers mammals and includes many lithographed plates of skulls and other skeletal parts, as well as illustrations of various rodents. Hardcover. 9-1/2 x 12 inches; 757 pages plus lithographed plates XVII - XXVIII and XXX - LX, as called for in the text. The remaining plates, although described, were published with other volumes of the set.
Volume IX
Published in 1858. This is the second portion of the Zoology report, covering birds (written by Spencer F. Baird). Hardcover. 9-1/2 x 12 inches, lvi + 1005 pages.
Volume X
Published in 1859. This volume continues the Zoology report in parts 3 and 4 covering reptiles (by Spencer Baird – but only the plates along with a note that the Zoology section has become so large that the text of the reptile report has been omitted), fishes (by Charles Girard) and short reports on Birds, Mammals, Fishes, and Reptiles by Baird; Hardcover. 9-1/2 x 12 inches; 16 pages + 13 lithographed plates of reptiles; 400 pages + 21 lithographed plates of fishes; 27 pages + 3 lithographed plates of mammals, + 7 colored lithographic plates of birds; + 4 lithographed plates of reptiles; + 6 lithographed plates of fishes; + 64 pages plus 6 lithographed plates of mammals, + 11 colored lithographs of birds, + 3 lithographed plates of amphibians; + 14 lithographed plates of fishes; plus 24 pages + 3 colored lithographs of birds and 1 lithographed plate of a rattlesnake; plus 97 pages + 9 lithographed plates of reptiles, + 7 colored lithographic plates of birds, + 10 lithographic plates of fishes; plus 13 pages + 4 plates of reptiles.
Volume XI is not present in this set.
Published in 1861. This is the maps and views volume, with a brief history about mapping of the West, Hardcover. 9-1/2 x 12 inches, 115 + iv pages, plus 4 engraved map plates, plus 8 lithographed view plates and 5 lithographed folding view plates, plus 21 folding maps and 10 profiles. Maps are rather fragile.
Volume XII, Book I
Published in 1860. Book I. Report by the Governor of Washington Territory on the Northern Route, up along the 47th-49th parallels, from St. Paul to Puget Sound. Hardcover. 9-1/2 x 12 inches. 358 + 41 pages, plus 70 colored landscape plates and three maps. This volume also features a foldout landscape plate, included in the 70 colored plates. This volume is missing its spine as well as illustrations #50 and #70, pages 359 and 360 of the text, and one map.
Volume XII, Book II
Published in 1860. Book II. 76 pages plus 6 lithographed botanical plates, plus 2 lithographed insect plates, plus 6 lithographed mammal plates, plus 8 colored lithographic plates of birds, plus 11 lithographed plates of reptiles, plus 21 lithographed plates of fishes. This volume is missing one mammal plate but is in good condition overall.
ATTENTION CHRISTMAS SHOPPERS! If you'll be needing your auction winnings for Christmas delivery, please let us know right away. We realize there is a very tight window for Christmas shopping, and we will do our best to get the goods out. We are only able to offer this service to a select few and expedited fees will apply! The rest of the shipments will go out after Christmas. Contact us for further assistance or questions about Christmas delivery.
Auction Location:
3555 Airway Drive Suite 309, Reno, Nevada, 89511, United States
Previewing Details:
Preview
Phone or video previews are strongly encouraged. Our staff is tech savvy and ready to use Skype/Facetime/Zoom if you would like to video preview with us. Please provide a list of items and minimum of 24 hours notice so that we may pull your lots and schedule a private viewing. Office preview by special private appointment only. Call (775) 851-1859 to schedule.
Nevada State Sales Tax
Taxes:
Tax | Rate | Desc. |
NSST |
8.265% |
Nevada Sales Tax |
CSST |
8% |
California 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 will be added to auction invoices, based on the size and weight of items won, whenever possible. For invoices with many items, items of non-standard size and weight, or items requiring special packaging and handling, only a handling charge will be applied to the auction invoice; SHIPPING CHARGES will be calculated after payment is received and items are packaged and will be INVOICED SEPARATELY prior to shipment. Items are not shipped until both the auction invoice and, whenever applicable, the separate shipping invoice are 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, which includes our buyer’s premium, unless buyer waives insurance in writing prior to shipment.
Please consider extra costs of shipping and handling charges when you place your bids.
Lot pick-up is allowed and encouraged on large or difficult to ship items, or for local buyers, with 24 hours notice and by appointment only.
MOST ORDERS WILL BE SHIPPED IN THE ORDER PAYMENT IS RECEIVED SUBJECT TO DELAYS FOR LARGE ORDERS OR THOSE WITH ITEMS REQUIRING SPECIAL HANDLING AND PACKAGING. PLEASE ALLOW 7-14 DAYS FOR ORDERS TO SHIP AFTER PAYMENT IS RECEIVED.
LIVE AUCTIONEERS INVOICES CAN ONLY BE SHIPPED TOGETHER IF PAYMENT IS MADE ON ALL INVOICES AT THE SAME TIME. WHEN INVOICES ARE COMBINED, ALL SHIPPING COSTS WILL BE COMBINED AND INVOICED SEPARATELY AFTER THE ENTIRE SHIPMENT IS PACKAGED.
CONTACT OFFICE WITH SPECIAL SHIPPING, PACKAGING INSTRUCTIONS AND REQUESTS PRIOR TO PAYING YOUR INVOICE.
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.
Please Note: Covid-19 safety measures may affect Fed Ex and/or USPS shipping. Fed-Ex currently states: "FedEx Express, FedEx Ground and FedEx Freight will continue to accept and deliver in limited service markets as outlined by state and local government, as well as to any customer (in any market) that is open for business...To help promote the safety of our employees and customers, FedEx’s Signature guidelines are being temporarily adjusted for all shipments within the United States, with the exception of Adult Signature Required (ASR) shipments." Please check your city, county, state, and/or international Covid-19 measures to determine if shipments will be affected. As always, we will work with you and the shipping carriers to ensure your items will arrive safely.
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)
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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, 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 and gold nuggets. Mineral specimens are not considered under the precious metals category. Commemorative items such as metals and ribbons are not considered coins of 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 may be applicable in any of the 50 states according to current tax laws regarding internet sales. Please check your state's tax regulations. HWAC will charge sales tax for those states that we know have instituted internet sales tax. All bonafide resale dealers with a current valid resale license should submit their license in advance to HWAC.
5. SHIPPING & HANDLING: The customer is responsible for all shipping charges. 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. 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 with 24 hours notice given to HWAC prior to pick-up.
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 150 lots per hour. An item is not sold until the next lot is announced. (We are not esponsible 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 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 will not be executed. Bids made in amounts that do not conform to the bid increment table under Item #8 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. 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. Precious metals may be reserved at or near or slightly below spot, t the auctioneer's discretion.
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.
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
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 Cash, Visa, Master Card, American Express, Discover, Money Order/Cashier’s Check, Wire Transfer, Personal Check or PayPal. Customers wishing to pay by cash, check or money order MUST contact our office for an invoice total before submitting 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. Automatic Credit Card Billing: Internet bidders are subject to the payment terms and conditions outlined on the internet bidding platform they utilize, which may include the automatic payment of auction invoices with the credit card information on file at the time of registration.
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 person to person. High resolution images of all items are available online for inspection. HWAC is not responsible for condition discrepancies; it is the bidders responsibility to determine condition prior to bidding.
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.