"Top 100" Fall Historic Native American

1. All items being offered in this collection are being offered as is-where is, and with all faults, known and unknown. Caliburn Auction makes no warranties or guarantees whatsoever as to the quality, quantity, condition, or fitness for a specific purpose of any item. Descriptions have been prepared for guide purposes only and shall not be relied upon by Customers for accuracy or completeness. By submitting a bid, Customer affirms it has inspected all items or has waived its right to do so prior to bidding. Customers shall be deemed to have relied entirely upon their own inspections and investigations. 1A. All property is sold AS IS where is with all faults , and neither the Caliburn Auction, nor any consignor makes any warranties, representations, or guarantees either expressed or implied with respect to the property, and in no event shall they be responsible for the correctness, nor deemed to have made any representation or warranty, of description, genuineness, authorship, attribution, provenance, period, culture, source, origin, or condition of the property and no statement made at the sale, or in the bill of sale, or invoice or elsewhere shall be deemed such a warranty of representation or as an assumption of liability. Details in the listings are opinion and are written as an aid to potential bidders. Caliburn Auction acknowledges that there may be errors in what is listed in the catalog. Caliburn Auction strongly recommends that the Bidder has an acknowledged expert view the item. All bidders are required to physically or visually either in person, virtually, or by proxy inspect the items during the inspection and preview period for correctness, description, genuineness, authorship, attribution, provenance, period, culture, source, origin, and condition. The bidder will then rely entirely on their own inspection for any and all bids or opinions given without holding Caliburn Auction or its affiliates liable for any and all statements made. All sales are final. There will be no refunds, no exchanges, and no partial refunds of any kind ? except the terms outlined in 1B. 1B. Caliburn Auction offers an unconditional 14 day return option on all (artifacts only) that DO NOT have an accompanying certificate of authenticity. There is a 5% restocking fee for all returns. IF the item is sold with a COA, then all sales are final as outlined in provision 1A. 2. Customer is required to make payment in full by the end of the Auction. Payments are accepted in the form of cash, personal check, cashier's check, and credit card. All personal checks over $20,000.00 are required to be accompanied [by an approved bank letter] . All bidding and invoicing will be in US Dollars ($); the above approved forms of payment must be made in US currency. 3. A premium of 27% of the bid price will be added to the price of each item purchased unless stated otherwise in the platform term. 4. All articles will be sold to the highest bidder conforming to the bid process. In the event there is a dispute between two or more claims of entitlement as the successful bidder, Seller will be the final judge as to which bidder in the highest bidder. Seller reserves the right to re-auction the item in dispute. Seller shall regulate all matters relating to the conduct of the auction and his decision shall be final and binding on all bidders. Seller shall be entitled to make changes in (including, without limitation, changes to the composition of) the lots or to withdraw them, up until the last moment before the sale, refuse bids for any or no reason, in which case the previous bidders shall be bound to their bids, and to correct himself. All sales shall be concluded on the fall of the hammer or as indicated by Seller and no Customer may thereafter revoke its bid. 5. Any announcements made on the day of the Auction take precedence over catalogue or other previously-announced or documented information, but do not alter in any way the basic terms and conditions of sale. Seller reserves the right to correct any mistakes or errors in any of its announcements or documents at any time. 6. All property must be paid for and [picked up] in the periods announced by Seller at time of sale. If not, the merchandise will be deemed abandoned and Customer will lose any right, title or interest Customer may have acquired and the merchandise shall revert and repossess to Seller without further notice to Seller, and Seller?s deposit, if any, shall be forfeited. No Customer may assign, transfer, or dispose of its rights in any article purchased before it has paid the purchase price in full. [No reselling will be allowed from the premises.] 7. If Customer fails to apply with any condition of sale as herein provided, then, in addition to any other remedies available to Seller, including and without limitation, the right to hold Customer liable for the total purchase price, Seller may, at its option, (a) cancel the sale, retaining all payments made by Customer, including any deposit made, as liquidated damages and/or (b) resell the merchandise at public auction in which event Customer will be liable for the cost of removing and reselling the abandoned merchandise, for any deficiency between Customer?s original purchase price and subsequent resale price, Seller's commission, and any legal fees. In addition, Seller may retain any merchandise purchased at Auction by a defaulting Customer as collateral security for Customer's obligations to Seller. 8. Customer is solely responsible to provide any personnel, equipment or material needed to pick up purchases and shall assume all responsibility for the removal of any item of property purchased at the sale.] 9. All risk loss shall pass to Customer at the time of payment. If Seller is unable to deliver an article sold to Customer due to fire, theft, or any other reasons whatsoever, Seller shall reimburse Customer for all monies paid to Seller in respect to the article and Seller shall have no further liability to the purchaser arising from or relating to such loss, including without limitation any damages for loss of profits.] 10. In no event shall Seller's liability to Customer exceed the purchase price actually paid. A Customer's claim shall be limited to the amount paid for the merchandise, and shall not extend to any obligation; risk; liability; right; claim; remedy for loss of use, revenue or profit; liability of Customer to any third party; personal injury; or any other direct, indirect, incidental or consequential damages. 11. The bidder's paddle/number is nontransferable. All bids made by the holder of the paddle/number will be Customer?s responsibility. A successful bid at Auction constitutes a legally binding contract of sale. Seller reserves the right to refuse any applicant the privilege of bidding or attending the Auction and may revoke such privilege of bidding or attending the Auction AT ANY TIME. 12. This sales transaction shall be governed by and construed in accordance with the local laws of the State of Missouri, USA. If any provision of these Terms of Sale shall be held invalid, illegal, unenforceable or inoperative, the balance of the Terms of Sale shall remain in full force and affect as if such provisions had not been included. These Terms of Sale, collectively with any amendments or modifications expressly made by Seller at the time of the Auction, constitute all the terms and conditions with respect to the sale of articles at this Auction. There are no representations, warranties, terms, conditions, undertakings or collateral agreements, express or implied, except as stated herein. 13. All Customers acknowledge and accept by their bid at Auction the Terms Sale printed on this registration card. 14. A 3% surcharge will be assessed to the final sale price for the use of credit card or PayPal as payment for an item. 15. Sellers and staff may bid on items within the Auction.

If you have not contacted Caliburn Auction House to arrange payment within 3 days of the time that invoice is sent, we will charge the credit card you used to register for the auction for the amount of your invoice.

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