Arts of the American West

LESLIE HINDMAN AUCTIONEERS, INC. AS AGENT

The lots listed in this catalogue will be offered by Leslie Hindman Auctioneers, Inc. as owner or as agent for consignor(s) subject to the following terms and conditions. By bidding at auction you agree to be bound by these Conditions of Sale.

BEFORE THE SALE

Prospective buyers are strongly advised to personally examine any property in which they are interested before the auction takes place. Condition reports are usually available on request, on lots with a low estimate of $300 and above. All lots are sold “AS IS” and without recourse and neither Leslie Hindman Auctioneers, Inc. nor its consignor(s) makes any warranties or representations, express or implied with respect to such lots. Neither Leslie Hindman Auctioneers, Inc. nor its consignor(s) makes any express or implied warranty or representation of any kind or nature with respect to merchantability, fitness for purpose, correctness of the catalogue or other description of the physical condition, size, quality, rarity, importance, medium, material, genuineness, attribution, provenance, period, culture, source, origin, exhibitions, literature or historical significance of any lot sold. The absence of any reference to the condition of a lot does not imply that the lot is in perfect condition or completely free from wear and tear, imperfections or the effects of aging. No statement, whether written or oral, and whether made in the catalogue, or in supplements to the catalogue, an advertisement, a bill of sale, a salesroom posting or announcement, the remarks of an auctioneer, or otherwise, shall be deemed to create any warranty, representation or assumption of liability. Leslie Hindman Auctioneers, Inc. and its consignor(s) make no warranty or representation, express or implied, that the purchaser will acquire any copyright or reproduction rights to any lot sold. Leslie Hindman Auctioneers Inc. expressly reserves the right to reproduce any image of the lots sold in the catalogue.

AT THE SALE

Refusal of AdmissionLeslie Hindman Auctioneers, Inc. has the right, at our complete discretion, to refuse admission to the premises or participation in any auction and to reject any bid.

Registration before Bidding

A prospective buyer must complete and sign a registration form and provide identification before bidding. We may require bank or other financial references.

Bidding as Principal

When making a bid, a bidder is accepting personal liability to pay the purchase price, including the buyer’s premium, all applicable taxes and all other applicable charges, unless it has been explicitly agreed upon in writing with Leslie Hindman Auctioneers, Inc. before the commencement of the sale that the bidder is acting as agent on behalf of an identified third party acceptable to Leslie Hindman Auctioneers, Inc., and that Leslie Hindman Auctioneers, Inc. will only look to the principal for payment.

Absentee Bids

We will use reasonable efforts to carry out written bids given to us at least 24 hours prior to the sale for the convenience of clients who are not present at the auction in person, by an agent or by telephone. Bids must be placed in U.S. dollars. If we receive written bids on a particular lot for identical amounts, and these are the highest bids on the lot at the auction, it will be sold to the person whose written bid was received and accepted first. Execution of written bids is a free service undertaken subject to other commitments at the time of the sale and we do not accept liability for failing to execute a written bid or for errors and omissions in connection with the written bid.

Telephone Bids

On lots with a low estimate of $300 and above and if a prospective buyer makes arrangements with us prior to the commencement of the sale we will use reasonable efforts to contact them to enable them to participate in the bidding by telephone and we do not accept liability for failure to do so or for errors and omissions in connection with telephone bidding. These telephone bids may be recorded at the discretion of Leslie Hindman Auctioneers.

Online Bids

We will use reasonable efforts to carry out online bids and do not accept liability for equipment failure, inability to access the Internet or software malfunctions related to the execution of online bids.

Reserves

Some lots in the sale are subject to a reserve which is the confidential minimum price below which such lot will not be sold. The reserve will not exceed the low estimate of the lot. Reserves are agreed upon with consignors or, in the absence thereof, the absolute discretion of Leslie Hindman Auctioneers, Inc. The auctioneer may open the bidding on any lot below the reserve by placing a bid on behalf of the seller. The auctioneer may continue to bid on behalf of the seller up to the amount of the reserve, either by placing consecutive bids or by placing bids in response to other bidders. With respect to lots that are offered without reserve, unless there are already competing bids, the auctioneer, in his or her discretion, will generally open the bidding at half of the low estimate for the lot. In the absence of a bid at that level, the auctioneer may proceed backwards at his or her discretion until a bid is recognized, and then continue up from that amount.

Auctioneer’s Discretion

The auctioneer has the right at his or her absolute and sole discretion to refuse any bid, to advance the bidding in such a manner as he or she may decide, to withdraw any lot, and in the case of error or dispute, and whether during or after the sale, to determine the successful bidder, to continue the bidding, to cancel the sale or to reoffer and resell the item in dispute. If any dispute arises after the sale, our sale record is conclusive.

Successful Bid

The highest bidder acknowledged by the auctioneer will be the purchaser. In the case of a tie bid, the winning bidder will determined by the auctioneer at his or her sole discretion. In the event of a dispute between bidders, the auctioneer has final discretion to determine the successful bidder or to reoffer the lot in dispute. If any dispute arises after the sale, the Leslie Hindman Auctioneers, Inc. sale record shall be conclusive. Title passes upon the fall of the auctioneer’s hammer to the highest acknowledged bidder subject to the Conditions of Sale set forth herein, and the bidder assumes full risk and responsibility.

AFTER THE SALE

Buyer’s Premium

In addition to the hammer price, the buyer agrees to pay Leslie Hindman Auctioneers, Inc. a buyer’s premium and the applicable sales tax added to the final total. The buyer’s premium for all purchases except via live online bidding is twenty-five (25%) of the hammer price up to and including $50,000; twenty percent (20%) of any amount in excess of $50,000 up to and including $1,000,000; and twelve percent (12%) of any amount in excess of $1,000,000.The buyer’s premium for purchases made via online bidding is twenty-six (26%) of the hammer price up to and including $50,000; twenty-one percent (21%) of any amount in excess of $50,000 up to and including $1,000,000; and thirteen percent (13%) of any amount in excess of $1,000,000.

Payment

The buyer must pay the entire amount due (including the hammer price, buyer’s premium, all applicable taxes and other charges) no later than 5 p.m. on the seventh (7) business day following the sale. Payment in U.S. dollars may be made with cash; bank check or cashier’s check drawn on a U.S. bank; money order; or wire transfer unless other arrangements are made with Leslie Hindman Auctioneers, Inc. Leslie Hindman Auctioneers, Inc. reserves the right to hold merchandise purchased by personal check until the check has cleared the bank. The purchaser agrees to pay Leslie Hindman Auctioneers, Inc. a handling charge of $50 for any check dishonored by the drawee.

Tax Exempt Notice

Lots marked with an asterisk (*) are tax exempt as permitted by law.