Native American, Rare Books, Art & Antiques

CONDITIONS OF SALE RESERVES Some lots in the sale may be subject to a reserve. The reserve is a confidential minimum price agreed upon between KBG LLC. and the consignor. The reserve will always be set equal to or below the low estimate. An agent of KBG LLC. will execute any reserve on behalf of the consignor. HIGH BIDDER The highest bidder acknowledged by the auctioneer shall be the purchaser. In the event of any dispute between bidders, the auctioneer shall have the absolute discretion either to determine the successful bidder or to re-offer and resell the lot in dispute. If any dispute arises after the sale, KBG LLC. sales records shall be conclusive as to the purchaser and amount of the highest bid. PAYMENT, SHIPPING, & HANDLING Payment is due within 5 days of the date of the auction. A 1.5% monthly interest rate will incur on all unpaid invoices after 30 days, in addition to storage fees described in item no. 12. Personal checks, cashier's checks, and money orders will be acceptable. Upon deposit of payment, merchandise will be held for 10 days before shipping to allow sufficient time for payment to clear bank. For personal checks, a valid driver's license along with second form of identification will be required. Contact KBG LLC. to make arrangements before sending a personal check. Merchandise will be held until check has cleared. Visa, Mastercard, and PayPal are accepted. Merchandise will be shipped to the verifiable billing address only associated with the credit card holder. For PayPal payments, merchandise will be shipped to only the address confirmed by PayPal. Buyer Pays Shipping Cost. Most of our shipping is handled in-house. For most items, shipping cost will be included on invoices. Some items may need to be packaged first to determine the shipping cost, especially for large or high value items or where a third-party shipper will be used. Shipping charges will include all costs of time, materials, insurance and freight charges. Freight charges are calculated on dimensional weight. All items will be insured for the hammer price unless higher insurance in requested by buyer prior to shipment. Insurance costs will be included in the shipping total and charged to buyer. All purchases being shipped to Arizona are subject to the state's 6.1% sales tax unless the purchaser possesses and provides an Arizona sales tax exemption certificate. Sales tax will not apply if the item is purchased for re-sale, or is purchased by a bidder out of the state of Arizona and the item is being shipped out of the state of Arizona by KBG LLC. or a commercial shipping company. No buyer's premium will be charged for this particular auction. All paid property left over 3 months, for which shipping charges have not been paid, will be considered abandoned and no refunds will be issued. FOREIGN BIDDERS Shipments to Foreign Countries are much higher. We will ship only express mail or other method that requires signature proof of delivery and buyer shall pay the costs thereof. Insurance coverage to foreign locations may also be limited by the shipping carriers. IT IS THE FOREIGN BIDDER'S OBLIGATION TO BE AKBG LLCE OF AND INSTRUCT KBG LLC. REGARDING ANY ALTERNATIVE SHIPPING ARRANGEMENTS WHICH MAY BE DESIRED TO INCREASE INSURANCE COVERAGE. KBG LLC. will not be liable for any shortfall of insurance either on foreign shipments or on the non-coverage of additional invoice charges exceeding bid amounts. Foreign Bidders are solely responsible for the compliance with all export and import requirements of the items they purchase, both out of the US and into their country of delivery and no refunds will be provided for the failure of Bidder to comply with this provision. To the extent that KBG LLC. is required to assist foreign Bidders in these matters, the time expended by KBG LLC. will be billed at $35 per hour. MISCELLANEOUS KBG LLC. has the right to reject bids based on the auctioneer's discretion. The auctioneer is the sole judge as to the amount to be advanced by each succeeding bid. Any right of the purchaser under this agreement or under the law shall not be assignable and shall be enforceable only by the original purchaser and not by any subsequent owner or any person who shall subsequently acquire any interest. No purchaser shall be entitled to any remedy, relief or damages beyond return of the property, rescission of the sale and refund of the purchase price; and without limitation, no purchaser shall be entitled to damages of any kind. Information, condition reports and Registration approval requests must be received by 3pm on the day before the auction day (US Pacific Time). Thereafter, KBG LLC. will try to accommodate without guarantee. DISPUTE RESOLUTION If any dispute occurs between Buyer and KBG LLC that cannot be resolved, then the parties agree to the rules, regulations and procedures of the dispute resolution described herein and agree to the following procedures for resolution of the dispute: If either party alleges that the other party is in default under this agreement, then the dispute or allegation shall be submitted to binding arbitration in the State of Nevada. KBG LLC shall select a neutral arbitrator. The arbitration process shall be initiated by either party requesting arbitration which must be served upon the other party by certified mail. Failure to participate in the arbitration is a default. Each party shall simply present their case (limited to a maximum of one hour for each party) to the arbitrator. The parties agree and acknowledge that they are completely waiving their rights to have the dispute heard in a court of law. The parties agree that the arbitrator shall have complete jurisdiction over the dispute and can issue an award to the prevailing party. Arbitration fees shall be paid by the party not prevailing in the dispute or as seen fit by the arbitrator. Any award determined by the arbitrator shall be binding and the prevailing party shall be awarded full reimbursement of its actual paid fees in connection with the dispute. By signing up to participate in a KBG LLC auction, Bidder specifically agrees to the dispute resolution specified in the foregoing paragraph as Bidder's SOLE means to resolve any and all disputes which may arise with KBG LLC. By doing so Bidder specifically agrees that Bidder will not file a dispute of any kind with an online venue, a credit card, or any other third parties. Bidder specifically waives the right to initiating a credit card chargeback dispute on any basis of claim and agrees that Bidder will pay KBG LLC a minimum of $500 plus hourly charges and costs for any such chargeback dispute opened, due to the severe administrative burden of such disputes and their direct violation of the dispute provisions above. LIMITATION OF LIABILITY In no event shall KBG LLC's liability for any breach, or act or omission exceed the purchase price actually paid by the Buyer, and in no event shall KBG LLC have any liability under any circumstances for special, indirect, incidental or consequential damages (including for loss of profits or revenue, costs of obtaining alternative property, claims of customers of Buyer or otherwise), whether in contract, tort, negligence, strict liability, or otherwise, arising out of, resulting from or in any way relating to the lot or its purchase, sale, delivery or non-delivery, or the acts or omissions of KBG LLC or KBG LLC's agents, representatives, officers, directors, stockholders, members, managers, employees, consultants or affiliates. All property is sold "AS IS", and ALL SALES ARE FINAL. We take great care to accurately describe items. Bidders who bid from off site and are not physically present understand and acknowledge that they may not be able to inspect any lot as well as if they examined it in person. It is the Bidder's responsibility to determine condition, age, genuineness, value or any other determinative factor. KBG LLC shall endeavor to describe in detail each lot and any pertinent information about it. KBG LLC will not be responsible for any errors or omissions in the description of the merchandise unless it is a material and intentional misrepresentation of the lot itself. Bidder agrees that everything is sold as is and that they may not return any lot they purchase. All weights and measurements are approximate. Purchasers are advised to inspect photographs carefully and satisfy themselves of the items being sold prior to the sale. KBG LLC. may, but shall have no obligation to consider any reasonable request to refund any items on the grounds of authenticity. Only under the following condition will a refund be considered for such claims. a. KBG LLC. must be notified by telephone and in writing within 7 days from the date of delivery of the lot that the lot is a forgery. b. Within 14 days of the date of delivery, the purchaser must return the lot in the condition it was in at the time of sale accompanied by a letter from a mutually recognized authority in the field that states that the lot is a forgery. MISCELLANEOUS KBG LLC. reserves the right to withdraw any lots without prior notice. All lots will be sold in numerical order unless otherwise stated by the auctioneer. BINDING CONTRACT Bidder's bid at all times represents an irrevocable offer by Bidder to enter into a binding contract to purchase the lot in accordance with the specific provisions of the listing and these General Terms and Conditions, as applicable, even if a higher bid was received by KBG LLC. In the event that any reserve price of a lot is not exceeded by any Bidder's bid KBG LLC, in its sole discretion, with or without the knowledge of or notice to any Bidder, may reduce any reserve price to an amount below the bid of Bidder at any time during an auction and accept the bid made by Bidder. Reserve prices are always the confidential information of KBG LLC and are not disclosed to Bidder's unless specifically stated as such during bidding. Nothing contained in any listing shall be construed to disclose any reserve price. In the placing of any bid the Bidder understands and agrees that the bid placed, once accepted by KBG LLC, will be the winning bid if there is no higher bid by another Bidder and if any reserve or reduced reserve on the lot is exceeded. All bids are binding, irrevocable and non-cancelable by Bidder. There are no provisions for the placing of bids to "mark the lot" or to "test the system", etc. and any requests to cancel bids on these bases, or due to a Bidder not reading a listing; not being familiar with the bidding platform; internet connection problems, speed or communication issues; not doing proper due diligence; failing to maintain proper control over Bidder's bidding terminal; bidding by mistake and the like will be denied. Such requests to cancel bids are null and void and will not excuse Bidder from Bidder's legal and contractual obligation to complete a transaction. The winning Bidder's failure to complete the purchase in accordance with the terms provided herein and in the listing will cause the Bidder to be faced with all, or any combination of the following measures: elimination of all future bidding privileges on the hosting site; credit agency reporting; legal and/or collection action.  These General Terms and Conditions and each listing contain all of the provisions applicable to the agreement between KBG LLC as seller and each Bidder. The provisions of these General Terms and Conditions and of each listing supersede all other agreements, representations or understandings, whether prior or contemporaneous, oral or written, between the parties concerning that subject matter. These General Terms and Conditions and provisions of each listing shall be binding on Buyer's heirs, beneficiaries, executors, successors and assigns. MAILING LIST In consideration of KBG LLC's approval of a Bidder to bid in any sale, Bidder permits KBG LLC to add Bidder to KBG LLC's mailing list. KBG LLC will send information to Bidder relating to KBG LLC's activities and will not provide Bidders mailing information to third parties except as necessary to provide information to Bidder relating to KBG LLC's activities. Bidder may freely opt out of mailings at any time by following the instructions in any mailing and Bidder agrees that any mailings from KBG LLC or third parties providing information relating to KBG LLC are not spam. Bidder agrees that any reporting of communications from or on behalf of KBG LLC as spam would constitute defamation, further agrees that litigation relating to any such spam reporting would be costly and time-consuming, and finally agrees to pay KBG LLC upon demand the amount of twenty-five hundred US Dollars ($2,500.00) for each occurrence of such spam reporting. ASSIGNMENT Any assignment without KBG LLC's written authorization will be void. SEVERABILITY If any provision of these General Terms and Conditions or of any listing be void, unlawful or unenforceable under applicable law, that provision shall be modified to the minimum extent possible to comply with applicable law, or if modification is not possible, deleted and severed from the remaining provisions. Any such modification, deletion or severing shall not affect the enforceability or validity of any of the remaining provisions. VENUE These General Terms and Conditions, the contents of any listing and the contractual relationship between KBG LLC and any Buyer shall be interpreted under and governed by the laws of the State of Nevada.