SOLD
28,000.00USD+ (7,000.00) buyer's premium + applicable fees & taxes.
This item SOLD at 2021 Oct 29 @ 09:53UTC-7 : PDT/MST
Did you win this lot?
A full invoice should be emailed to the winner by the auctioneer within a day or two.
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...
The First Part of (King) Henry the Fourth as part of the First Folio of Shakespeare's Work, Original 1623 Copy
OVERVIEW
The First Folio of Shakespeare's plays have been widely referred to by historians, collectors and scholars as the most important literary work in the English language. It is considered by most of Academia to be one of the most important books ever published.
Offered here is a William Shakespeare (1564-1616) First Folio authenticated single play, "The First Part of Henry the Fourth, with the Life and Death of HENRY Sirnamed HOT-SPVRRE". This play, known as a “fragment” by Shakespeare scholars because it is one of many plays within the first folio, represents one complete play (in a 2-part production of Henry IV) that was published in 1623 in the First Folio of “Mr. William Shakespeares Comedies, Histories, & Tragedies. Published according to the True, Original Copies.” The First Folio was reportedly compiled and edited by two of Shakespeare’s actors and friends, John Heminges and Henry Condell. It was printed in London by Isaac Jaggard and Edward Blount at the charges of W. Jaggard, Ed. Blount, I. Smithweeke, and W. Aspley, 1623.
The original work here is finely, and professionally rebound in bright red patent leather and consists of 13 printed antique paper pages, originally numbered: 46,49-62,65-73 in the First Folio. One page of double-sided print numbered 63 / 64 is missing. A previous owner, Dr. Otto Orren Fisher (well-known rare-book collector) is evidenced by the nameplate inside the front cover.
On September 27th, 2021 Dr. Eric Rasmussen, University of Nevada, Reno, Professor and Department Chair of English and Philosophy, world-renowned Shakespearean scholar and one of the leading experts on Shakespeare's First Folios, examined this fragment and authenticated it as an original 1623 fragment of Shakespeare's First Folio. As an original fragment of Shakespeare's First Folio, these bound pages are, by definition, unique. Nowhere else exists a copy of Shakespeare's original, very first, professionally published copy of "The First Part of Henry the Fourth" that is identical to this one. From the provenance of this fragment, to the truly unique watermark design, to the old Renaissance rag paper, and stunning gold-trimmed bright red binding, this fragment of the first copy ever printed by the most important figure in Literary History is of inestimable value. The possibility of owning a piece of the most important literary work extant is a once in a lifetime opportunity. Holabird Americana is proud to present this Original Copy of a First Folio Fragment of Shakespeare's "The First Part of Henry the Fourth".
PHYSICAL DESCRIPTION
This fragment consists of 13 printed pages of antique Renaissance rag paper. Eleven of the printed pages are double-sided and two pages, the first and last, are single-sided. Five additional pages of modern paper were inserted by the binder, three in front and two in back, including one single-sided title page. It is very finely bound in bright red textured patent leather with gold print and trim and labeled only on the spine, "First Folio, 1623." The bound cover measures 8-1/8" x 12-1/8" x 3/8". Inside pages measure 8" x 12". Inside the front cover on the bottom edge of the visible binding is tiny gold print that reads " Bound by Sangorski & Sutcliffe London England". Sangorski & Sutcliffe was established in 1901 and soon became one of England’s foremost luxury bookbinders. The firm achieved world-wide fame for the exquisite bindings it produced throughout the 1900s, earning recognition as the most important bookbindery of the 20th century.
The first three bound pages, inserted by the binder, are heavy, off white stationary paper of very high quality. Pages 1 and 2 are blank on both sides. The third page is a printed, single-sided title page: "Henry IV. / Part 1 / by / Wm. Shakespeare / The First Folio / 1623" The fourth bound page leaf is the first page of the original fragment. It is blank on side one, and side two is printed with the first page of print from Part 1 of Henry IV. The first printed page is on heavier paper than the inside pages. The page numbering begins with the first page of print and is numbered 46. It is followed by page 49. No portion of the play is missing or omitted between these pages. This is a pagination error that occurred at the time of original printing in the early 1600s and is well-documented by First Folio scholars. From page 49, numbering is consistent, and all pages are present until page 63 /64, which is missing with no trace of any pieces of the page remaining in the gutter of the binding. Pages are sequential and present from page 65 through the last page of "The First Part of Henry the Fourth," page 73. The last page, 73, is also printed only on one side and on heavier paper, just as the first page. Two modern blank pages follow the last page, inserted by the binder. All printed pages of the fragment are fully legible without any tears, holes, repairs or missing chunks in the body of text.
PAPER
All First Folios are printed on "Renaissance rag paper" that is easily identifiable by chain lines produced during the 17th century manufacturing process that are clearly visible upon careful inspection of the paper. Also implemented in the paper making process in the 1600s were unique watermarks that were imprinted on every signature of paper as a trademark of the original publishing house and appeared on every 3rd or 4th page of printed copy. Dr. Eric Rasmussen explained that the visible designs of the watermarks are unlimited in variety and often misshapen, unlike trademark imprints of today. This is because the marking devices were hand-made by shop workers, who bent and shaped them into the form of the desired design. The resulting imprints are often crude in appearance, reflecting the skill, experience and craftsmanship of the worker who made it. The hand malleability of the markers made them fragile, so they lacked structural integrity. Imprinting a watermark required significant pressure, breaking down the markers quickly in the process; each hand-made marker only lasted for a certain number of impressions before it failed, and another marker was bent into shape to replace it. Because of this, no two markers were identical, and a wide variety of imprints can be found, even in paper used in the same print run. Single publications from the 17th century exhibit different watermarks throughout, each unique in its design. First Folio copies are no exception, which is one of many factors that defines every single First Folio copy, whether complete or a fragment, as truly unique.
Chain Lines and watermarks are two key factors in the authentication of documents from this early period. These characteristics of 1600s paper could not be replicated when nearly identical facsimiles began appearing in the 19th Century as a result of technological advancements that made photographic reproduction possible. By the 1800s paper manufacturing processes had advanced and newer wood pulp paper was in use that lacked the "antique laid" uneven chain lines and the unique style of watermarks seen on earlier rag type paper. Because of this critical change in paper-manufacturing, the use of Renaissance rag paper is significant for authentication of Folios printed in the 1600s.
This Folio fragment was first inspected by Jacquelyn K. Sundstrand, an Associate Professor and the Manuscripts and Archives Librarian in the Special Collections and University Archives Department at University of Nevada, Reno. Ms. Sundstrand compared the fragment to the University's holdings of authenticated First Folio fragments. She determined that the paper appeared to be genuine Renaissance rag paper of the same light weight and feel as the authenticated fragments on all but two of the pages of this fragment. The first page, 46, and the last page 73 are printed on heavier paper than the inside pages of the fragment or any of the other pages in the First Folio fragments at UNR.
Identifiable chain lines and laid lines are visible in all the paper comprising this fragment, indicating wire mesh was used in the paper-making process, a method of manufacture that has been out of use for over 200 years. More importantly, distinct watermarks can be seen on 4/13 printed pages. The watermarks are in the center of the page and are crude in appearance, the design bearing slight resemblance to a crown. Aside from the heavier paper weight of the first and last printed page, Ms. Sundstrand's initial analysis of this fragment found no indication that the fragment was not an original 1623 copy.
The complete First Folio of all 36 plays was an extraordinarily expensive, labor-intensive endeavor. During our meeting with Dr. Eric Rasmussen to authenticate this fragment, he explained that the printing process of the First Folio took two years to complete and paper represented the biggest overhead expense because of how costly it was to manufacture. The cost was so high that it was prohibitive to print production, limiting publishers to 1000 print copies or less per job. To cut down on expenditures, publishers did not allow any paper to go to waste. Errors that already printed were bound "as is"; every page was filled with text, regardless of section breaks or chapters. Pages were printed on both sides and rarely left blank. These practices were applied to the First Folio as well and is the reason many plays share a page with the play printed before or after in the folio. The first page of one play was printed on the back side of the last page of the preceding play when necessary. Therefore, if an original complete First Folio was split up or fragmented into individual plays, those that shared a page might lose one page for the other to be complete. For this reason, many fragments are missing the first or last page. In other First Folio copies we viewed in digital format, Part 1 of Henry IV shares both the first and the last pages; the first page is printed on the back side of the last page of Richard II, and the last page is printed on the front side of the first page of Part II of Henry IV. In this fragment, not only are both the first and last page present, but they appear to be printed on a single side of much heavier paper or cardstock. The first page of print, however, has a barely detectable line along the bound edge of the text that resembles a very faint glue line. The heavier paper appears to be authentic rag paper from the same time period, though, ruling out the possibility that pages 46 and 73 were substituted with 19th century facsimiles. The only reference to heavy paper our research uncovered indicated that the main title pages only of certain copies of the complete Second Folio were printed on heavier paper. (Ref: The Variant Issues of Shakespeare's Second Folio..... by Robert Metcalf Smith, Ph.D.)
Fortunately, we had access to the leading world expert on First Folios and inquired about this anomaly. According to Dr. Rasmussen, single plays from the first folio were sometimes prepared for individual sale by adhering the first and last page to heavier paper, which served as covers. He said this was done by the print house to maximize profits, possibly during the two-year printing process, as individual plays were completed, and printing costs were piling up. One could speculate that perhaps the reason only 750 complete First Folios were published, rather than 1000, is because a couple hundred copies of individual plays were pre-sold as fragments with card stock covers, as a way to generate revenue and cover expenses during the lengthy production process. In his explanation of the process of binding individual play copies with heavy card stock, Dr. Rasmussen confirmed for us that the faint line we saw on the inside edge of the first page, was indeed visible evidence that the original first page of the play, which was printed double-sided on the much thinner, light weight paper used for every other First Folio page, was glued to a page of heavy card stock paper. Rasmussen stated that if the page were removed from the heavy paper, the second side would be printed with the last page of “The Life & death of Richard the Second,” as expected of a true First Folio page copy.
TEXT
The complete First Folio of the work of William Shakespeare (1564-1616) that was published in 1623 included 36 plays. Half of the published plays were printed by pirates and sold during Shakespeare's lifetime, but about 18-20 plays were never published in print before the folio was compiled, seven years after Shakespeare's death. Dr. Rasmussen estimates that about 750 complete copies of the First Folio were originally produced but to date fewer than 240 copies (considered "complete" or near complete) are known to exist. Most of those are now in the Special Collections of prestigious Universities or in special exhibits of world-class museums, but a few complete First Folios exist in the private libraries of a select group of very fortunate collectors.
Print production of the First Folio took over two years to complete, according to Dr. Rasmussen and the complete 900-page publication was not printed in sequential page order. Plays were printed in sections, in the order that earlier written copies were found, compiled and edited, which did not correspond with the layout planned for the book. When a particular script was delayed during text collaboration or final editing, a gap in page numbers was estimated and plays from the end of the Folio were printed first. This accounts for the page number problems and missing page numbers that are characteristic of the First Folio, such as the omission of page numbers 47 and 48 in "The First Part of Henry the Fourth", as is the case with this fragment. Over the course of the 2-year print job, various edits were made by the printer at different stages and some edits implemented midway through as proofs were returned to the typesetter. Certain changes were incorporated late in production for various reasons, but earlier copies were bound "as is". As a result, there are different versions of the same text between some First Folio copies and differences in how the text was edited. Dr. Rasmussen claims that no two original copies of the First Folio are exactly the same, adding to the literary appeal and collectability of original fragments.
The Second Folio of 1632 is basically a reprint of the First Folio. No truly substantive changes occur in it, but there are numerous minor textual changes and format incongruities. In 1632 these differences were considered to be corrections of mistakes made by the first print setter of technical errors in the text. Under this premise, countless small changes were implemented while "editing" the copy for the Second Folio. The editing procedure continued with the production of later folios; a process responsible for some versions of Shakespeare's work that stray far from his original writing. Referencing the different contextual edits attributed to specific Folio publishers and then checking the dates when key edits, significant changes in format and obvious typesetting errors first appeared in print, is critical to dating fragments and Folio designation.
We consulted the 1858 Whitaker and Co. Publishing of Shakespeare's works edited by J. Payne Collier, ESQ. FSA when we began our research on this fragment. After examining the text of approximately 12-15 of the differences noted between the pre-1623 versions of Henry IV Part 1, the First Folio edits and the Second Folio edits to this play, referenced in Collier's footnotes, none of the text we compared reflected any of the Second Folio edits. We also viewed 3-4 digital images of original First Folio pages of "The First Part of Henry the Fourth," and every page of this fragment appears to be identical to the First Folio in format. Further, all pages of this fragment have the same heading, "The First Part of Henry the Fourth", something inconsistent on all the same pages of copies from the Second Folio that we viewed.
When we contacted Dr. Rasmussen and asked him to examine this fragment, we were fairly certain the fragment was authentic, but we didn't want to leave any stone unturned. Rasmussen's expertise on First Folio text variations, print copy edits and print production errors has proven invaluable to the authentication process and his work in cataloging the number, current ownership and historical provenance of First Folio copies and fragments in existence today is an important source work for Literary researchers. Dr. Rasmussen was kind enough to meet with us and look at this fragment personally. After carefully examining the text on the first printed page, Dr. Rasmussen definitively identified this fragment as textually original to the First Folio. All copies printed after the 1623 publishing of the First Folio have differences in formatting, minor changes or "corrections" to text and edits specific to the publisher that do not appear in this fragment.
CONDITION
There are some small chips and tears on the edges of some of the inside thinner paper pages of the original printed fragment. Similar wear on edges is consistently found on all surviving First Folio pages, according to the experts we consulted. Likewise, the paper is discolored in varying degrees from page to page, exactly as expected with age. The last inside page on thin paper (numbered 71 / 72), has some small, slight stains on the page and a gray tone to the discoloration, although all the print is still clearly legible. The condition of the fragment is consistent with two other authentic First Folio fragments we inspected, and during Dr. Rasmussen's inspection, nothing concerning about the condition of this fragment was noted. The hard binding and modern leading pages inserted by the binder are in excellent condition. The bound fragment has been carefully protected for the last 100+ years, judging from the like new condition of the binding.
There is one page missing from this fragment of "The First Part of Henry the Fourth". The missing page is printed on both sides and is numbered pages 63/64. Missing pages are common for authentic First Folio copies and fragments. It is also possible that one page was removed from this bound version intentionally due to accidental damage or as an act of theft. It is more likely, however, the page was known to be absent at the time of binding. Often pages are lost to antiquity and authentic replacements cannot be acquired. According to Dr. Rasmussen, it is not uncommon for both fragments and "complete" folios to be bound with many pages missing, as the rarity of original 1623 copies make compiling a truly complete copy of even a single play a monumental task. Rasmussen claims that missing pages is normal condition expectation of original First Folios whether complete copies or fragments, and the subject of missing pages has been a topic of much debate; specifically, of how many missing pages is acceptable before a 900-page First Folio no longer qualifies as "complete", a distinction of great importance to those in possession of such a rarity. Put in the context of 400-year-old literature, and "complete" copies missing as many as 30-40% of the original pages, only one missing page out of 14 does not significantly affect the condition rating. Overall, this First Folio fragment is in very fine condition.
PROVENANCE
Inside the front cover a custom book plate is affixed with the name Otto Orren Fisher. Dr. Otto Orren Fisher was a nationally renowned collector of rare books and manuscripts. He graduated from Miami University in 1909 and also attended John Hopkins University School of Medicine before relocating to Detroit for a career in the auto industry. He worked as an industrial surgeon for the Hudson Motor Company in Detroit and established one of the first modern industrial first aid units. In 1941 he won the Miami University Alumni Association’s prestigious Bishop Medal for his contributions to society.
Dr. Fisher began his hobby of collecting with the goal of owning one rare item in his lifetime. By 1961 when he died, he owned more than 80,000 rare books that occupied three floors of his home. Included in his collection were four complete Shakespeare Folios—described as “the first printed collections of English literature’s greatest writer and among the rarest volumes in the world.” In 1949 Dr. Otto Orren Fisher donated all four complete Shakespeare Folios to Miami University; today they are housed within Miami University’s King Library.
As Henry IV was one of the most popular of Shakespeare's plays at the time, copies of this play were highly prized and treasured, and therefore may have had a higher likelihood of surviving three to four centuries. It is possible Dr. Fisher acquired many different fragments of original Folios over the years as he was amassing his rare book collection. With the acquisition and later donation of four complete Folios, extraneous folio fragments appear to have remained in his collection. It is safe to assume, given the time period of the binding and the name plate present, that Dr. Fisher had this fragment bound by the prestigious London firm of Sangorski & Sutcliffe. Rare books containing the Otto Orren Fisher nameplate have surfaced all over the world, many donated to academic institution’s libraries’ special collections departments and others appearing in rare book auctions.
There are very few sales of First Folio fragments published online and none are comparable to this one, relative to page count, completeness, binding, and condition.
Special Thanks to Jacquelyn Sundstrand and Dr. Eric Rasmussen for their contribution to this paper. Their invaluable assistance authenticating this First Folio fragment and the information they generously provided is greatly appreciated.
* Dr. Eric Rasmussen's accomplishments include a distinguished career with the University of Nevada in Reno as a Professor of both English and Philosophy as well as Chair of both Departments. He co-edited the Royal Shakespeare Company's Collaborative Plays and Complete Works of William Shakespeare, the Shakespeare First Folios: A Descriptive Catalogue, the Norton Anthology of English Renaissance Drama, Arden Shakespeare, Oxford's World's Classics and other important works. Dr. Rasmussen contributed to the Cambridge Edition of the Works of Ben Jonson and Shakespeare Beyond Doubt and served as a Trustee Board member for the Shakespeare Association of America and the Council of the Malone Society. He was the Editor of the MLA's New Variorum Shakespeare and the Internet Shakespeare Editions Project and the U.S. Representative on the Advisory Board for the 2016 World Shakespeare Exhibition at the British Library in London. Dr. Rasmussen’s literary contributions culminated with his published award-winning work, the Shakespeare Thefts: In Search of the First Folios, for which he received?the Best Shakespearean Book of the Year Falstaff Award in 2007, 2012 and 2013.
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)
- 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, 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.