Terms and Conditions

This is a Live Auction conducted by Holabird Western Americana Collections, LLC (HWAC).

1. The placing of a bid shall constitute the bidder’s acceptance of these terms of sale.

2. BUYER’S PREMIUM & INSURANCE: There will be a 25% Buyer’s Premium added to the sale price (hammer) of each lot. We accept cash, checks, money orders or wire transfers, credit cards and PayPal.

3. COINS, CURRENCY AND PRECIOUS METALS, Insurance. The buyer’s commission for this section is 20.5%. Coins and currency shall be defined as any regular Federal issue circulating coins and currency. Tokens are not considered coins. Precious metals shall be defined as ingots, silver or gold rounds, bullion items, gold nuggets. Mineral specimens are not considered under the precious metals category. Commemorative items such as metals and ribbons are not considered coins 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 will apply, according to Nevada State law, for any items that ship to or are picked up in Washoe County, Nevada (8.265%) unless a current, valid resale certificate is faxed to us at 775-851-1834 before bids are placed.

5. SHIPPING & HANDLING: Shipping and Handling will be estimated prior to invoicing, based on the size and weight of your purchase. All shipping and handling is subject to a minimum charge of $19.00. If additional shipping and handling costs are required, the buyer will be re-invoiced for the balance due. Items are not shipped until the invoice is completely paid. Many buyers purchase a number of lots. Every effort will be made to include all lots in a single shipping charge calculated to cover the weight and size of the package(s). NOTE: Some shipments (of unusual size, dimension, or weight) may require special handling for which individual costs will be calculated and applied to the shipping charge on the invoice. The buyer is responsible for arranging and paying for shipment of large or special items. The customer is responsible for all shipping charges. Purchases will be shipped via our approved, insured carriers: Federal Express or the US Postal Service. All items shipped Federal Express or USPS will be insured for the full value determined at auction by HWAC, which is included in our buyer’s premium. Pick up is available from our Reno office the next business day after the auction.

6. LIVE (FLOOR) BIDDING: Please arrive a few minutes early to check in and receive your bidding paddle. We will open lots with more than one bid at the current high absentee bid or 50% of the low estimate at the auctioneer’s discretion. Please be sure to bid on the correct lots during the live auction. Our auction progress is at a rate of between 60 and 200 lots per hour. An item is not sold until the next lot is announced. (We cannot be responsible for Internet bids that arrive late.) The auctioneer will identify the successful bidder by number and announce the winning bid amount. If you are not sure whether you won the lot or not, it is your responsibility to ask for clarification immediately, prior to the start of the next auction lot. Auctioneer reserves the right to reopen the lot in the case of an immediate dispute at the actual time of the sale.

7. TELEPHONE BIDDING: Telephone bidding requests MUST be scheduled prior to this auction. If you do not schedule in advance, and choose instead to call on the day of the auction to request a line for bidding, you may find that we are unable to accommodate your request. Please limit your telephone bids to items of value greater than $500, or to a string of items with a similar total.

8. LIVE AUCTION ABSENTEE BIDDING: Mail or FAX Absentee bids for the live auction MUST be received by 5pm Pacific Time the day before the auction. Bids accepted after the cutoff time will be represented live only if an agent is available and will not be considered absentee or given first priority as such. It is your responsibility to submit all lot numbers and bid amounts accurately. Absentee bids MUST be equal to at least 50% of the low estimate if an estimate is provided. Bids on “No Lots” or “Withdrawn” Lots are considered no-bids. Bids made in amounts that do not conform to the bid increment table in item 8 below will be automatically rounded up or down by the computer, or rounded to the nearest proper bid increment at the discretion of the auctioneer. Absentee bids are entered into a computer that will bid live on your behalf at the auction. Absentee bids will compete live against other absentee bids, live Internet bidders, floor bidders and phone bidders.

9. INTERNET BIDDING: Both Absentee and Live Internet bidding are available through our live auction networks. If you wish to bid LIVE via the Internet, you MUST pre-register. A live feed is generally accessible during the auction for those bidding via the Internet. Online bidding remains open through the live auction, and online absentee bids may be placed anytime. Live bidding will open when the auction starts. Internet bidding is offered as a convenience for those who cannot attend the live sale. Please note that there may be delays or interruptions in Internet connectivity that are beyond our control. Attending the live auction or arranging for an agent is the most reliable way to secure your bids.

10. NEW BIDDERS: Bidders unknown to us, who anticipate an expenditure in excess of $20,000, must provide commercial references or a deposit of 25% of the amount to be bid in order for the auction staff to execute bids. Deposits will be credited towards lots won and any balance will be refunded within 10 business days after the auction has concluded. New bidders will be given a spending limit at their initial request to participate. In order to increase this limit, you may be required to provide a letter of authorization from your bank in addition to providing references. Please contact our office at any time if you have questions regarding spending limits or references required to bid.

11. AGENT BIDDING: There are numerous professional agents available to assist you should you require this service. Please contact the office for a list or to arrange for representation on the floor during the live auction. HWAC is not responsible for any acts or omissions by agents acting on behalf of bidders at our auctions.
BE ADVISED: Auction participation through the live Internet bidding site is not 100% foolproof. The technology for this process is always changing, and the operation of it and the corresponding Internet connectivity issues are far beyond our control. Some folks have attempted to use the live Internet bidding process as their primary method of bidding, and have been quite successful. Others have failed completely. Depending upon your computer, server, host, and other factors, Internet signals may be delayed, such that bids may not be received in time. We cannot be held responsible for these delays, or for the lack of placed bids in a timely manner, or any other factors leading to unaccepted bids that are far beyond our control. Bidders should always have a backup plan for lots they highly desire. Live participation is best, followed by phone participation. We will not reopen lots for missed bids.

12. RESERVES: Most of the lots in this auction are unreserved. Gold is generally reserved at or near spot, though it could be slightly below spot.

13. BIDDING INCREMENTS: All bids must be submitted in U.S. dollars and in whole dollar amounts only in the appropriate increments as outlined below. If you choose to submit bids in an increment not listed below, your bid will be rounded to the nearest increment and you will be expected to pay the amount to which the bid was rounded should your bid be the winning bid. If you have any questions about an appropriate bid amount, please call us.

14. BID REDUCTION: All winning absentee bids will be reduced, if necessary, to the next bidding increment up from the last competing bid, as long as the minimum bid requirement has been met. For example, if you submit an absentee bid of $1000 and the next highest competing bid is $250, then you will win the lot for $275.

15. BID INFORMATION: Collectors often ask in advance the price level of a particular lot. We will give out the current competitive high absentee bid until we close the day before the live auction. You may also view absentee bids online at www.holabirdamericana.com. While we try to update the absentee bids as often as necessary, bids received close to the bidding deadline might not be reflected online, and we disclaim any responsibility for any bids made in reliance upon inaccuracies on our website, which may be beyond our control. We do not own any of the live Internet bidding platforms, and thus many aspects of the Internet technology are out of our control.

16. BID CANCELLATION: If you wish to cancel or change a bid after you have submitted your bids to us due to an error, you MUST PHONE us to advise us of this. Bid cancellations through mail, email, or faxes are not advisable. Errors are easy to make. Please call us if you have any questions on this.

17. All stock certificates, checks, warrants, and other financial documents sold herein are sold as antiquities, and have no financial, securities, or public trading value whatsoever.

18. We reserve the right to reject any bid we feel is not made in good faith.

19. INVOICING: Shipping charges will be added to all invoices. Invoices are mailed or emailed within two business days after the close of all portions of the sale. Within 15 calendar days of receipt of invoice, payment is due in full to Holabird Western Americana Collections, 3555 Airway Dr., #308, Reno, NV 89511. LATE FEES MAY BE ADDED IF PAYMENT ARRANGEMENTS ARE NOT MADE WITHIN THOSE 15 DAYS. Sales tax will be added to all sales picked-up after the auction or shipped to Nevada addresses, according to Nevada State law, unless a resale certificate is provided.

20. PAYMENT: We accept Visa, Master Card, American Express, Discover, Money Order/Cashier’s Check, Personal Check or PayPal. Customers wishing to pay by check or money order MUST contact our office for an invoice total before sending payment All returned checks are subject to a $25 fee. Cash received in amounts greater than $10,000 is subject to the filing of IRS form 8300, as required by law.

21. SHIPPING & HANDLING: Shipping and Handling cannot be estimated prior to invoicing, based on the size and weight of your purchase. All invoices are subject to a minimum shipping and handling charge of $19.00. If additional shipping and handling costs are required, the buyer will be re-invoiced for the balance due. Items are not shipped until the invoice is completely paid. Many buyers purchase a number of lots. Every effort will be made to include all lots in a single shipping charge calculated to cover the weight and size of the package(s). NOTE: Some shipments (of unusual size, dimension, or weight) may require special handling for which individual costs will be calculated and applied to the shipping charge on the invoice. The buyer is responsible for arranging and paying for shipment of large or special items. The customer is responsible for all shipping charges. Purchases will be shipped via our approved, insured carriers: Federal Express or the US Postal Service. All items shipped Federal Express or USPS will be insured for the full value determined at auction by HWAC, which is included in our buyer’s premium. Pick up is available from our Reno office the next business day after the auction.

22. NON-PAYMENT: HWAC reserves the right to cancel any invoice not paid in full within 15 days. A cancelled invoice does not relieve the bidder from their obligation to pay seller fees and buyer’s premiums compensating HWAC for its services in conducting the auction. Interest shall run on all outstanding balances at the highest rate permitted by law. HWAC shall have a lien against the merchandise purchased by the bidder, and any other of bidder’s property then held by HWAC or its affiliates, to secure payment of the invoice, and with respect thereto HWAC shall have all the rights of a secured creditor under the Nevada Commercial Code, including but not limited to the right of sale. HWAC may sell the lot(s) securing the invoice to any under bidders in the auction that the lot(s) appeared, or at subsequent private or public sale, or relist the lot(s) in a future auction conducted by HWAC. A defaulting bidder agrees to pay for the reasonable costs of resale (including a 10% seller’s commission, if consigned to an auction conducted by HWAC). The defaulting bidder is liable to pay any difference between his or her total original invoice for the lot(s), plus any applicable interest, and the net proceeds for the lot(s) if sold at private sale or the subsequent hammer price of the lot(s) less the 10% seller’s commissions, if sold at an HWAC auction. If HWAC refers any invoice to an attorney for collection, the bidder agrees to pay attorney’s fees, court costs, and other collection costs incurred by HWAC. Any bidder who fails to follow the terms of payment will be reported to iCollector and may be barred from participating in future Holabird Western Americana auctions.

23. CONDITION: We strongly recommend that you attend the live preview to see lots in their entirety. Conditions are not always noted, and large lots may not be itemized due to catalog restraints. For questions, detailed information, or additional images of any lot please contact our office at 775-851-1859. Bidders are responsible for understanding the condition of items. Conditions noted are subjective, and may differ in the opinion of different people or collectors.

24. RETURN POLICY: All items are guaranteed to be authentic unless otherwise noted. If authenticity is challenged, please call our office for assistance. ALL SALES ARE FINAL. You may only return any piece that was significantly inaccurately described by calling our office within 10 days of receipt of item(s) and notifying us of the error and reason for return. We do not refund postage or insurance. Please call us if you require a more specific condition report. Any items that are returned must be returned in the exact, unaltered condition. When we receive your bids we will assume you have read the description in the catalog, viewed the image of the item, have contacted us regarding any questions you may have on any lot and/or have previewed the lot in person.

25. This sale is being held under the laws of the State of Nevada.

26. HWAC shall not be held responsible for any problem due to the bidder’s failure to follow the rules, terms and conditions of this sale, or any failure to bid due to the loss of the online auction process provided by any of the online auction networks; or missed bids, changed bids or cancelled due the bidder’s failure to follow the proper bidding procedure outlined herein.

27. By placing a bid or otherwise participating in the auction, Bidder accepts these Terms and Conditions, and specifically agrees to the dispute resolution provided herein.

28. HWAC shall not be responsible for consequential damages, incidental damages, compensatory damages, or any other damages arising or claimed to be arising from the auction on any lot. Bidder’s sole remedy for any proven act or omission shall be rescission of sale and refund of the amount paid by Bidder.

29. Any claim, dispute, or controversy in connection with, relating to and/or arising out of the Auction, participation in the Auction, award of lots, damages of claims to lots, descriptions, condition reports, provenance, estimates, return and warranty rights, any interpretation of these Terms and Conditions, any alleged verbal modification of these Terms and Conditions and/or any purported settlement shall be exclusively heard by, and the parties consent to exclusive in personal jurisdiction of, the Superior Court of Washoe County, Nevada. THE PARTIES EXPRESSLY WAIVE ANY RIGHT TO TRIAL BY JURY. Any claim must be brought within one (1) year of the auction from which the claim arose or the claim is waived. In every case, the prevailing party shall be entitled to an award of its attorney’s fees and costs.

Important Notice on all Post-1898 Firearms and Antique Guns
This sale will be held in a manner acceptable to the United States Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), and ALL RULES AND REGULATIONS WILL BE STRICTLY FOLLOWED AND ADHERED TO. There will be many retired law enforcement people present at both the two-day preview and three-day sale to answer questions.
It is imperative to note that the Federal ATF has specific meaning to common words. A Firearm to the ATF is a gun made after 1898. Any gun dating prior to 1898 is called a relic or antique but not a firearm.
All firearms purchased in this auction are subject to Federal Firearms Laws. All purchases must be handled through a current Federal Firearms Licensee (FFL). There are and will be no exceptions.
The designated FFL agent in Claremont, Oklahoma for this auction is HBK Firearms.
To expedite your purchases and delivery, it is strongly suggested you file your FFL or that of your FFL dealer/agent in advance of the sale to the Claremore FFL dealer in charge of handling all FFL-qualified firearms at the J.M. Davis firearm auction. There are a number of license classifications for FFL dealers. Please be sure you know which class of license covers exactly the kind(s) of firearms you are buying. You are responsible for a full understanding of the limits and requirements of your FFL license or the license of your FFL agent.
You may qualify your FFL-licensing arrangements in advance by sending your current and valid FFL license or licensee information (copy of the valid license) to compliance@hbkfirearms.com. It is to your direct benefit to file your FFL information well in advance of the auction with the Claremore FFL dealer, HBK Firearms using the provided e-mail address.
The Claremore FFL agent for HBK Firearms will be on site at the J.M. Davis Museum during and after the sale to facilitate legal ownership transfers in full compliance with ATF rules and regulations.
Out-of-State Firearms Sales. If you are a non-Oklahoma resident, and you do not possess a valid and current Federal Firearms License, and you wish your firearm purchase to be shipped to you, then you are required to work through a local FFL agent in the state where you live to comply with ATF requirements. That FFL agent must contact the designated Oklahoma FFL agent, HBK Firearms in Claremore. The FFL processing and handling fee to your local agent may differ from the Claremore, OK agent fees. There will not be two different FFL processing fees.
Sales of Firearms Outlawed in Some States. Mail and/or physical sales of firearms are not legal to some states. Consult your local FFL dealer for the rules of your state. You are responsible for knowledge of the firearms regulations of your place of residence. If you are at the auction preview, you may seek assistance, but you are the one responsible for knowledge of the firearms rules and regulations of your state of residence. You should investigate these requirements well before the week of the auction.
Sales of Firearms (not antiques or relics) to Foreign Countries. There will be absolutely no sales or shipping of post-1898 firearms to individuals in countries outside the United States.
All FFL-qualified firearms will be charged a Transfer and Handling Fee of $30 per item payable to the Claremore FFL dealer, HBK Firearms. There are and will be no discounts, as Federal Law requires a one-by-one transfer, which most of you already know. The FFL Transfer and Handling Fee is nonrefundable.
Shipping of all FFL-qualified firearms is a separate charge, distinctly different from the Transfer and Handling Fee. This Shipping and Handling Fee will be collected by HBK Firearms at the time of collecting the FFL Transfer and Handling Fee. This Shipping and Handling Fee cannot be calculated in advance, because there may be discounts applied to multiple-item purchases in a single shipment. No firearms will be shipped without payment of the invoice, including the FFL Transfer and Handling Fee and the Shipping and Handling Fee in advance. Likewise, no antique guns or other items will be shipped without payment of the invoice and the Shipping and Handling Fees in advance.
All Sales Are FINAL. This is a once-in-a-lifetime sale, and all sales are final. It is understood that you have inspected the items to your satisfaction prior to the sale, as discussed in the Rules, paragraph 24. All sales are non-refundable unless made by failed FFL process.
PAYMENT. All payments must be made within seven calendar days of the last day of the sale, due by August 6, 2019 at 5 p.m. Exceptions may be made if explicitly set up in writing in advance and approved by Fred Holabird. Unpaid invoices after that date are subject to sale to another party for the same amount. Unpaid invoices will render the buyer as blocked from any future sales, of which more are planned, as well as blocked from future bidding on iCollector or other live internet bidding platforms, in accordance with each company’s rules and regulations for non-paying bidders.
FAILURE of FFL Purchase. Buyers who attempt to purchase an FFL-qualified firearm, but who fail the ATF background check as mandated by Federal Law will have the sale voided. The item may be offered to a local FFL dealer first or it may be subject to re-auction. We are not responsible for rejection of any FFL application.
REFUND for FFL Process Failure. A Restock Fee will be charged if there is any failure to qualify in the FFL approval process after the sale, and the gun is not immediately sold to a qualified FFL dealer or other party for the same price. The restock fee is $50 for every item over $100 or $25 for items under $99, and will be deducted from the purchaser’s paid invoice prior to refund. This is a good reason to work with the designated FFL licensee, HBK Firearms, well in advance of the sale to make sure you are qualified for the purchase.
No firearms or other items will leave the J.M. Davis Museum property without payment in full.
The Preview
July 24 & 25, 2019, at the J.M. Davis Arms & Historical Museum, Claremore, Oklahoma
The Preview for this sale is a rigorous and disciplined process. The preview gives collectors an opportunity to see the J.M. Davis Museum in all its glory. The items in the auction will not be out on public display, since they are stored in a secured warehouse space. All items can be viewed and inspected by following our preview process as follows.
1. The sale is held for the J.M. Davis Foundation by Holabird’s Western Americana Collections, LLC as auctioneer. No Museum personnel will be used during the preview or sale process, so please ask for assistance from any Holabird staff member only.
2. Each person requesting a preview will need to be fully registered for the sale in advance of preview requests. Registration links can be found on our website at www.FHWAC.com.
3. A bidder registration table will be present in the front of the preview area on the preview days.
4. A preview sheet will be available at the preview tables. Each previewer is limited to examine five firearms or other items at one time. We expect to be able to process up to four previewers at a time. A previewer may request multiple five-item groups depending on the number of waiting previewers. All attempts will me be made to accommodate all preview requests.

Foreign bidders may bid on any and all firearms and antique guns, but must use a USA Federal Firearm Licensed dealer for the transaction and for shipping.
All bidders are responsible for knowledge of their respective State or Country firearms or antique gun laws, and some states may require processing through an FFL dealer.