Native American & Western Finds

Buyers Premium Our Buyers Premium is 24% Condition Detailed condition reports are not included in this catalog. For additional condition reports please contacts us at Berthasauctions.com. Any condition statement is given as a courtesy to a client, it is only an opinion and should not be treated as a statement of fact. The Gallery shall have no responsibility for any error or omission. The absence of a condition statement does not imply that the lot is in perfect condition or completely free from wear and tear, imperfections or the effects of aging. All items sold AS is Where is. The Gallery , its agents and employees, and the Consignor do not Warrant any lot to be merchantable or to be suited for any purpose and they do not assume any risk , liability or responsibility for any person as to the authenticity, genuineness, culture, source, origin, attribution, period, purpose or measurement of any lot. These conditions may not be altered or modified except by an instrument in writing, signed by auctioneer and Buyer. Shipping Information We do not have in house shipping or packing facilities. Shipping is at the buyer's cost. If a sale results in a canceled sale, we do not refund shipping or return shipping costs. Please contact us for a local shippers information. Payment We accept the following methods of payment Cash Visa Master Card We do not accept International Credit Cards. International Buyers Please pay with PayPal or Wire Transfer. Ohio Sales Tax If you are a resident of Ohio a 7.25% sales tax will be added to your invoice. You must provide the Gallery with a valid resale certificate to waive Ohio sales tax. Bid Price Each Buyer must have an assigned Buyer's Number prior to bidding. The highest Bidder on a lot shall be the buyer of the lot. The purchase price shall be the sum of 1) the hammer price of the item sold 2)the buyers premium of 24% on the bid price of any lot that sells for up to $150,000, plus on any amount between 160,000 and 1,000,000 and 10% on any amount over $1,000,000 ( for those who bid through the internet, there is a 5% fee for Bidding Platform . Acceptance of Bid: As each item is sold, the Auctioneer shall announce the winning bid and the Buyer's number of the winning bid. Failure of the person assigned to the Buyer's number to object at the time of the announcement shall constitute an acknowledgement of the bid and purchase. The purchased is legally liable to pay for the item or pay the difference if we must reoffer and sell the item for a lower cost. Regulation of The Bid The Auctioneer shall regulate the bidding and shall be the sole arbiter of any and all disputes. We reserve the right to withdraw the property at any time before the sale and reject a bid from any bidder. Payment and Pick Up The balance of the invoice must be paid and picked up within three days after a sale. One week after the auction, left items may be moved to an offsite facility for pick up. A storage fee will be charged if merchandise is left longer than two weeks of $ 10.00 per lot per day. If the property has been paid for is left longer than 25 days from the Sunday of the auction, it will be considered abandoned and resold to recoup storage fees. We are not responsible for shipping and packing. Internet purchases are not available for pick up until the following day. Absentee Bids You can place an absentee bid on a lot in a live sale, up until the time that the lot is opened for live bidding. If you are the highest absentee bidder, our system will place your bids automatically, one increment higher than the last in room bid, until we have reached our maximum bid. In the case of a tie, the floor bidder shall prevail. The gallery resumes no responsibility for failure to execute any bid for any reason and absentee bids are made subject to the condition of sale. No Transfer No lots shall be sold, transferred, or assigned to anyone other than the winning bidder prior to the removal of the lot from the Gallery and only the winning bidder shall remove the lot. OHIO DEPT OF AGRICULTURE MARY ANN CROZIER LIC# 2008000047

Bidder Terms and Conditions – Firearms Auctions We advise all bidders to read the Terms and Conditions of the Sale before bidding with Bertha’s Gallery Auctions. Those who bid are bound by those Terms and Conditions of the Sale, as amended by any oral announcement, published or posted notices, which together form the contract of the sale between the successful bidder (buyer), Bertha’s and the seller (consignor) of the lot. TERMS OF SALE When bidding on any lot offered by Bertha’s, the bidder indicates acceptance of the following Terms of Sale. Any participation in the auction binds you to agreement of these terms whether you read or understand said terms. The Terms in writing contained herein are subject to change without notice and bidder agrees that the most recently published Terms of Sale as published or amended on the website at the beginning of the auction shall apply. LIMITED GUARANTEE. Bertha’s makes every effort to accurately describe all items offered in its sales. The descriptions carry a limited guarantee. It is a guarantee to protect you against major discrepancies that would have a major effect upon the value of the item. Under no circumstances do we guarantee against anything less than a major discrepancy that would have less than a major effect upon value. This limited guarantee covers authenticity, major restoration or repair not described, counterfeits, reproductions or major fabrications not disclosed in the description. In regard to Japanese swords, Bertha’s does not guarantee that swords without NBTHK, NTHK, NTHK-NPO, or any other papers will pass shinsa unless explicitly stated otherwise. Translations are only provided as a courtesy to our bidders and do not constitute a guarantee regarding the maker. Similarly, if a sword is polished and flaws are found, they are not grounds for a return. If a blade is in polish and flaws were missed, then our normal limited guarantee applies. Examples of what we do not guarantee against, imperfections, slight damages, handling marks, natural imperfections, undisclosed blemishes, finish differences, wood-to-metal fit issues, surface cracks or chips in wood, dings and dents, bore condition, and other similar differences that are inherent in the antiques and collectible industry. All items are sold for display purposes. If electrical, mechanical, or other working parts are inoperable, even if working at the time of sale, we are not liable due to the inherent nature of the age of these antiques and items. It is the bidder’s responsibility (present or absentee bidders) to determine by inspection by themselves or a hired professional the exact condition of each item prior to bidding on the item. Should Bertha’s deny an authenticity issue dispute of the buyer, and the buyer is not satisfied, the buyer may, at his or her own expense, obtain the written opinion of two mutually agreed upon recognized experts in the field of the disputed item. The final decision of those experts will determine any refund consideration. This limited guarantee is only available to the buyer of record. Please also refer to POST SALE RETURN POLICY at end of terms. Except as stated in the limited guarantee above, Bertha’s will not be held responsible for typographical errors. Neither we nor the consignor, make any guarantees, warranties, or representation, expressed, or implied, in regard to the property or the correctness of the catalog or other description of the authenticity of authorship, physical condition, size, quality, rarity, importance, provenance, exhibition, literature or historic relevance of the property or otherwise. It is the bidder’s responsibility to initiate contact with Bertha’s in request for additional information regarding the items. Submit all questions regarding upcoming auction items at least 48 hours prior to the date of auction. We will make every effort to answer all submitted questions in a timely manner. We will do our best but cannot promise that questions submitted within 48 hours of the auction date will be answered prior to the auction. The consigner and we make no representation or warranty as to whether the buyer acquires any reproduction rights in the property. All items will be available for preview approximately one (1) month prior to the auction. TIMING. There will be no options for refunds of any type beyond 35 calendar days from the auction date. Paying late and thus receiving items late will not change the limitation on the dates above for refund consideration. Please also refer to POST SALE RETURN POLICY at end of terms. FIREARMS – All firearms transfers will be in strict accordance with all International, Federal, State and local laws. Be sure to check your country, state and local laws before bidding. If you are unable to import, purchase or own a firearm according to your residency laws, do not bid on these items. If you bid and find out later you cannot legally own/accept delivery, the bid is still a valid contract that the buyer must pay. • Firearms Catalog Designations o A: antique o M: modern (post 1898), Federal Firearms License (FFL) requirements apply o C: curio & relic eligible o N: National Firearms Act / Title II Gun Control Act of 1968 (Class III SOT) requirements apply o D: Destructive Devices o ^:Modern firearm imported from Canada, will have unassuming markings that contain required import information. Marking letters are normally 1/16" tall and just over 0.003" deep. Buyers must consider this in their bidding. Marking will not appear on antique firearms imported from Canada. • Checkout and pickup at our location: The same person to whom the bidder number is registered must be the person to pick up the firearm(s) at the conclusion of the sale – Federal Law disallows anyone else from accepting the transfer. o Licensed bidders, i.e. Federal Firearms licensees or Curios & Relics license holders must present a current signed copy of their license. C&R licensee purchases must conform to the Bureau of Alcohol, Tobacco, Firearms and Explosives (BATF) C&R requirements. o Non-Residents of Ohio? may not pickup modern or curio and firearms without a valid FFL or C & R license o Residents of Ohio Modern firearms sales to non-licensed Ohio bidders who are picking up guns at our location will require the completion of a form 4473 background check. Handgun purchases also require an additional PICS form/background check for each handgun purchased. This process to fill out forms and obtain a response may take 5-10 minutes. Any applicable state fees associated with these checks will be added to the customer’s invoice. If you are “Denied’’ by FBI / PICS background check you will not be able to take possession of the firearm and the firearm will be consigned to the next available firearm auction. Dealers and Individuals that bid on and win items own the items and are fully responsible for payment within terms regardless of whether the FBI / PICS approves their taking physical possession of the items. Bertha’s will not cancel the sale due to disapproval for any reason. If you are appealing a “Denied’’ decision, we will hold the firearm only if you pay in full. • Shipping o Any firearms being shipped are legally required to be shipped to a BATF licensed FFL dealer within your state of residence for transfer and pickup. For states that allow shipment of C& R firearms to the C&R license holder, Bertha’s reserves the right to ship those C&R firearms to the address listed on C&R license. You will be responsible for all shipping and transfer costs incurred. o Modern handguns are required to be shipped via UPS 2-Day Air. o Modern long guns are shipped via UPS ground to the FFL dealer. o Upon receipt of the invoice, buyer is to confirm the FFL validity and ship to address on the invoice. If not already on the invoice or it is changing, contact a licensed dealer to send their FFL to berthasauctions@gmail.com with the paid invoice number notated in the subject field. o BERTHA’S will not be responsible for exporting modern firearms, weapon or any ammunition. Buyer may contact a third-party provider. We recommend making contact with an exporter prior to bidding for pricing, process and timeline information BERTHA’S will not cancel the sale due to BATF disapproval for any reason. • Long guns will only be sold to persons 18 years of age, or older. Handguns will only be sold to those persons 21 years of age, or older. Dealers are bound by these minimum age requirements. • Since all firearms sold are “collectible?? items, BERTHA’S does not test the safety or warrant functionality of these firearms. All firearm purchases should be examined by a certified gunsmith prior to shooting. • BERTHA’S reserves the right to deny the sale of a firearm to any buyer. GOODS MADE FROM OR CONTAINING MATERIALS FROM PROTECTED SPECIES - BERTHA’S does not accept any responsibility or liability for the sale of items containing materials from protected species or for any omission in marking or labeling goods as containing materials from protected species. Such material includes, but is not limited to, ivory from elephants and walruses, tortoise shell, crocodile skin, whalebone, rhinoceros horn, some species of coral and certain woods. Restrictions on the importation, exportation, sale, transfer, and/or possession of goods containing materials from protected species derive from international, federal, and state laws and regulations promulgated thereunder.

If you have not contacted Bertha's Gallery Auctions to arrange payment within 1 day 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.

Online purchases from Bertha's Gallery Auctions may be subject to sales tax. Please see the following for more details. If you are tax-exempt, you can submit your tax-exempt certificate to prevent the collection of tax. Learn more about tax-exemption.