NOT SOLD (BIDDING OVER)
0.00USD+ applicable fees & taxes.
This item WAS NOT SOLD. Auction date was 2021 May 13 @ 08:00UTC-7 : PDT/MST
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...
Sopori Land and Mining Company Stock Certificate May 1st, 1858. "This Certifies that Samuel Pratt proprietor of 25 shares of the Sopori Land and Mining Company, subject, in all respects to the provisions of the Articles of Association of said Company, bearing date the twenty-fourth day of April A. D. 1858, reference thereto being herby had and made for the terms thereof – transferable on the books of the Company on the surrender of this Certificate. In witness whereof, this Certificate is signed by a majority of said Trustees and countersigned by the Treasurer this 21st day of May A. D. 1858. Trustees Samuel G. Arnold and Alfred Anthony, Treasurer A. J. Burroughs, Treasurer."
In 2005 Holabird Americana sold the original 1859-1861 diaries, survey books, notes and documents of Richmond Jones, Jr. and his work on the Sopori Land and Mining Co. in Arizona, which represented a significant discovery and offered new insight into much of the early mining activity of Arizona. The archive added an important dimension, tying together a complicated web involving the Sonora Exploring & Mining Company, Sopori Land & Mining Company and the Arizona Land & Mining Company, detailing the timing expenditures, travel log and daily experiences of an early engineer to the Territory, Richmond Jones, Jr., who was murdered by the Apache in July 1861. The archive sold by Holabird in 2005 is now part of Richmond Jones Papers held by the University of Arizona, which summarizes his life as follows:
Richmond Jones, Jr. (1833-1861) was a mining engineer hired by Welcome B. Sayles (1812-1862) of the Sopori Land and Mining Company and the Arizona Land and Mining Company of Providence Rhode Island to survey the Sopori Rancho boundary in the Arizona Territory. Both the Sopori Land and Mining Company and the Arizona Land and Mining Company were incorporated in Providence Rhode Island in 1859 by Sayles with firearms manufacturer Samuel Colt (1814-1862) as a major stockholder. Although the Sopori Company was financed mainly out of Providence, Cincinnati financiers Charles Debrille Poston (1825-1902) and Samuel Peter Heintzleman (1805-1880) founders of the Sonora Exploration and Mining Company were also involved. Jones' diaries help to tie together the sometimes complicated interactions of the companies. When the Civil War began in 1861 United States troops were withdrawn from the territory of Arizona and many mines closed due to increased raiding by Apaches. As the attacks increased Jones diary entries become less frequent until they cease altogether in July 1861 when Jones was killed in an Apache raid while attempting to return to Tucson, Arizona.
A full description of his archive and more about Jones’ harrowing story can be found in the Holabird Americana Live Auction Catalog #43 dated November 12, 2005.
This stock certificate represents an important piece of the same puzzle. This document proves the date of the organization of the Sopori Land and Mining Company to be in April, 1858, not 1859 as stated elsewhere. One of the earliest major papers of substance that includes the Sopori was “Silver and Copper Mining in Arizona”, edited by William Phipps Blake, an eminent mining geologist. It appeared in Mining Magazine in November 1859 and contained 22 pages of information on the various mines and prospects, including details of the 13 different public companies organized to explore for and mine ores in the Arizona country.
Because Holabird was aware of the existence of this stock certificate, we have known the Sopori was organized April 24th 1858 and initial officers were Sam Arnold and Alfred Anthony as trustees and A. J. Burroughts as Treasurer. Sam Pratt was an initial investor and C. D. Poston ran the company. The above referenced article mentions the Sopori Mining Company as one formed in August 1858 with Welcome B. Sayles as Director. The makeup of the company described with the same names stated on this stock certificate, thus there appears to be confusion by Blake on exactly what the name of the company was.
The Arizona Land & Mining Company incorporated in Rhode Island in 1859 under President, John N. Francis, Treasurer, Amos M. Haines and Secretary, John R. Bartlett. Arizona Land & MC owned a large tract of land, including some of the Sopori Rancho land and the old silver mine at San Xavier that had been worked by the Jesuits, which was reported to be very rich. The Company was owned, in part, by Samuel Colt and Sylvester Mowry. In Sylvester Mowry's book: Arizona and Sonora, 3rd Edition, published in 1864, is given the report of F. Biertu, metallurgist, on the Mowry mine and others situated in that part of the country, which describes, perhaps better than can be done in any other way, the condition of the mining industry around Tubac and Tucson in the year 1860. On Page 74 the report states, "...Anthony, President of the Jackson Bank of Providence. Colonel Colt, Lieutenant Mowry, and other rich capitalists of the East are the actual owners. Mr. Mowry is the holder of more than one-half of the stock of the company. N. Richmond Jones, Jr., is the engineer-in-chief of this mine, as also of the Sopori Mine.."
Mowry also purchased the Patagonia mine, later renamed the Mowry. Both Colt and Mowry were major shareholders in the Sopori Land and Mining Company (Mowry, 1864, p. 81.)
The crossover principals in the early AZ mining companies is obvious. The Sonora Exploring and Mining Company and the Santa Rita Silver Mining Company were both formed in Cincinnati in 1856 and 1858 respectively. Ehrenberg was geologist for both the Sonora Exploring & MC and The Sopori Land & MC. Bruncknow was “mineralogoist” for the Sonora.
Charles Debrille Poston was Director and Secretary of the first, Director of the second and Manager of the Sopori (possibly the Director as well). Poston’s activities in Arizona were so numerous that he became known as the “Father of Arizona”. Ever the promoter, even after the horrible Apache killings and raids of 1860 & 1861 that killed his brother and many members of the mining community, Poston kept at it. He became an Officer in charge of Indian Affairs in about 1863 and in December that year enjoined J. Ross Browne for a trip through Arizona for the purpose of Browne writing an article for Harper’s Magazine.
In January, 1864 when Poston and Browne got to Tubac, the center of mining in the region, Browne described the scene:
“I saw on the road between San Xavier and Tubac… almost as many graves of the white men murdered by the Apaches within the past few years. Literally the roadside was marked with the burial places of the unfortunate settlers. There is not now a single living soul to enliven the solitude. All is silent and death like… on reaching the old Pueblo of Tubac, we found that we were the only inhabitants. There was not a living soul to be seen… Old pieces of machinery belonging to the neighboring mines lay scattered about the main building… formerly the headquarters of the Arizona Mining Co.”
Brown and Poston became lifelong friends. Such was the state of affairs just a few short years after Richmond Jones Jr. was killed. Browne later turned his articles on Arizona into a popular book, Adventures in Apache Country (1871).
A NOTE ON SOME OF THE PRINCIPALS
Sam Arnold (1821-1880) Lawyer, historian and politician, was a member of one of the earliest families of Providence, RI and grew up wealthy, traveled extensively attended Harvard Law School and in 1861 became an aide-decamp to General Sprague.
Alfred Anthony lived in Providence in the 1860s, along with Sayles, Arnold, Sprague and others and wrote an extensive treatise on the history of the colony of Rhode Island about 1865.
Charles Poston (1825-1902) “Father of Arizona” A collection of his papers are held by the Sharlot Hall Museum Archives. His accomplishments are summarized below:
Charles Debrille Poston was born in 1825 near Elizabethtown, Kentucky. He was a Lawyer in Tennessee and Washington DC and went to California in 1850 as a clerk in the Custom House, where he met J. Ross Browne. He led a party to Arizona to look for ore deposits in 1854. He first came to the Arizona Territory in 1854, interested in silver mining, and organized the Sonora Exploring and Mining Company as a private company and later as an Ohio corporation. Poston formed the Sonora Exploring and Mining Company in 1856. He went east to raise “about a million dollars” and bought mining machinery and the Arivaca Ranch. “All was abandoned in 1861 because of the devastation of the Apache Indians that swept Arizona unchecked during the Civil War. (DAB v. 15, pp121-122) Poston was involved with the first convention held in Tucson to consider the question of territorial organization for Arizona in 1856 and in 1862-63, he and several other Arizonans made determined and forceful efforts to organize Arizona into a territory. His unofficial title, "Father of Arizona" was first published in 1884 in the Tucson Arizona Weekly Citizen. After his due diligence to pass the Arizona Territory bill in Washington in 1862, Poston was appointed Superintendent of Indian Affairs for the new territory by Abe Lincoln. In 1866 and 1881, efforts were made to appoint Poston as Governor for the Territory. In July of 1864, Poston was elected as Arizona's first delegate to Congress, however his tenure was brief due to the start of the Civil War. After his term in Congress, Poston stayed in Washington to practice law. Twice more he was a candidate for reelection to Congress, but both times was defeated. In 1884, Poston founded the "Society of Arizona Pioneers" which is now known as the Arizona Historical Society in Tucson. In 1899 the territorial legislature voted him "Father of Arizona" with a stipend to live upon. He died in squalor and poverty in Phoenix in 1902. He is buried on top of Poston Butte near Florence. For his long and notable and adventuresome identification with Arizona, his eminent services in the creation of the Territory, and his role in founding the historical society which has contributed so conspicuously to the cultural development of the state, Charles Debrille Poston deserves to be enshrined in history as a distinguished westerner and prince of Arizona Pioneers. [Ref: Sharlot Hall Museum Archive Description]
The Sharlot Hall Museum Archives lists a Sopori Land and Mining Company Stock Certificate as one of the papers in the collection. This is the only other known certificate at present.
HISTORY OF THE LAND
Sopori could have been named after the Sobaipuri, a Pima Indian group named by Father Eusebio Kino in 1700s, or it could have come from the Spanish word, "sopor", meaning peaceful or drowsy. Before European settlement, it was a historic Pima village, occupied as a Pima Rancheria into the 1740s. In the 1760s, it was a 142,000-acre Spanish land grant, supplying food to the Spanish military's Tubac Garrison. When American mining interests bought the land after the Gadsden Purchase of 1854, Col. James W. Douglas began mining at Sopori in 1855, prior to the organization of the different mining interests. Later, it was a ranch, then a gold mine, farmland and a site of an 1861 attack by Apaches, among other infamous Apache acts of aggression. It was ranched under numerous owners, including the famous Arizona pioneer family, the Penningtons, many of whom are buried in the historic Sapori Ranch Cemetery; the rich history of the Sopori Ranch land and mines, is eloquently summed up with the words carved on a chunk of granite stuck in the ground at the entrance of the Sopori Ranch Cemetery that states, “Tread softly here, These stoney mounds shelter the bones of Arizona’s oldest pioneers.” [Ref: Green Valley Times News article written by David Rookhuyzen, published July 2017 online] For more information on the Pennington family, please see the article by David RookHuyzen online.
This is one of the earliest known of the most important of all Arizona Mining Stock Certificates from the original Gold Rush Era.
Date: 1858
Country (if not USA):
State: Arizona
City: Amado
Provenance:
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.