Lot # : 26 - Cowboy Photograph

Auction Terms & Conditions INTERNET ONLY AUCTIONS - TERMS AND CONDITIONS FOR DOUBLE DIAMOND AUCTIONS, LLC: 2022 (v.02.24) GENERAL: The auction firm is acting solely as the agent for the seller and is not responsible for any acts or omissions of its principals. By registering to bid or placing a bid, all bidders agree they have read and fully understand the terms and conditions herein and agree to be bound by them. Announcements made day of sale take precedence over any published announcements. Internet bidders agree that bids placed on the internet auction site shall have the same legal effect as if they were in attendance at the auction in person. PLEASE ASK QUESTIONS BEFORE YOU BID. THERE ARE NO REFUNDS AND NO RETURNS. 1. PREVIEW AND INSPECTION: Property is open to thorough public inspection on specified dates. Persons attending the sale during any preview period, the auction, or during the removal period assume all risks of damage, injury, or loss to their person and or property, and specifically release the auctioneer and the auction firm from liability thereof. Neither the auction firm nor its principals shall be liable for any reason of any defect in or condition of premises on which the auction is held. Preview and inspection dates and times are listed on the Auction Details page under the Auction Information tab. 2. PROPERTY CONDITION: All property is sold "AS IS, WHERE IS" without any warranty or guarantee of any kind, expressed or implied. ALL SALES ARE FINAL. THERE ARE NO REFUNDS, EXCHANGES, or REFUSALS. By being the highest bidder on an item, you are the buyer and are bound by the terms and conditions of this sale. 2a. GUARANTEE OF AUTHENTICITY FOR US COINS & CURRENCY: Double Diamond Auctions, LLC will never knowingly sell or offer to sell any counterfeit coin or currency. Coins or currency identified as a copy, replica, or facsimile may be sold if clearly identified as such in the item description. If, within 30 days after purchase, Buyer gives notice in writing to Double Diamond Auctions, LLC that the coin or currency so sold is a counterfeit and after such notice the Buyer returns the coin or currency to Double Diamond Auctions, LLC in the same condition as when sold, and establishes to the satisfaction of Double Diamond Auctions, LLC that the returned coin or currency is, in fact, a counterfeit, Double Diamond Auctions, LLC as agent for the Consignor will rescind the sale and refund the purchase price exclusive of shipping charges. Third party professional grading service(s) may be used to help determine authenticity. This Guarantee of Authenticity is strictly limited to coins and currency issued by the United States of America. Determinations made by Double Diamond Auctions, LLC and/or in consultation with experts in the field are final. Beginning on the 31st day after purchase, this Guarantee of Authenticity is limited to determining the authenticity of the coin or currency only. Refund of the purchase price is not guaranteed. 2b. PRECIOUS METALS, STONES, & PRECIOUS STONES GUARANTEE: Double Diamond Auctions strives to provide timely and accurate information for all items sold or offered for sale in all its auctions. Items containing precious metals, semi-precious and precious stones are tested, weighed, sized, and described as accurately as possible. We use state-of-the-art tools and equipment to identify metals and stones and utilize the services of GIA appraisers to identify and classify precious stones. Precious metal content for silver, gold and platinum is guaranteed to be within acceptable norms. Diamonds below .25 ctw are not guaranteed. Diamonds over .25 ctw are guaranteed to be authentic. Semi-precious stones may or may not be identified by type or only by color reference. Turquoise stones will only be identified as turquoise without regard to specific type. Unless specifically identified, all weights listed for an item include all pieces and parts of the item. 3. PROPERTY DESCRIPTION; ERROR; REMEDY: Double Diamond Auctions makes every attempt to carefully describe the merchandise in advertising, on the internet, and at the auction, but makes no representation as to accuracy. It is the Bidder's responsibility to determine condition, age, authenticity, value or any other determinative factor. Internet Bidders who bid from off site and do not attend any preview inspection understand and acknowledge that they may not be able to inspect an item as well as if they examined it in person. In no event shall Double Diamond Auctions be held responsible for having made or implied any warranty of merchantability or fitness for a particular purpose. Double Diamond Auctions does not guarantee any appraisal, grading or certification. If you have questions or need more information about any item offered for auction, PLEASE ASK BEFORE BIDDING. You, the Bidder, shall be the sole judge of value. As the Bidder, it is your sole responsibility to determine if any item is legal where you live or where the item will be used. By placing a bid, Bidder acknowledges that he or she has inspected the items to his or her satisfaction or chooses not to examine them at his or her sole risk. Double Diamond Auctions 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 item itself. Bidder agrees that he or she may not return any item they purchase for any reason except an intentional and material misrepresentation of the item itself made by Double Diamond Auctions. Bidder's sole remedy in the event of an intentional and material misrepresentation of an item shall be to return the item, at their expense and in the same condition it was shipped to them. If Double Diamond Auctions agrees that the item was materially and intentionally misrepresented, Double Diamond Auctions will refund an amount up to the Bidder's purchase price to him/her. Bidder furthermore agrees that Double Diamond Auction's liability to any Bidder shall never be for an amount greater than the purchase price of the item they purchased. BIDS CANNOT BE REMOVED UNLESS IT IS AN OBVIOUS TYPOGRAPHICAL ERROR. MAKE CERTAIN YOU KNOW WHAT YOU ARE BIDDING ON BEFORE YOU BID. If an item(s) is damaged during shipment and buyer purchased insurance for the item damaged, within 48 hours of receipt of the item, buyer is responsible for notifying Double Diamond Auctions of the damage by texting or emailing a description and photo of said damage to 719-494-4804 or todd@doublediamondauctions.com. Buyer must preserve all pieces of the item and any packaging it was received in. Failure to do any of these things may void an insurance claim. Buyer acknowledges insurance claims and payments may take up to 30 days to be resolved and any claim for damage during shipping is limited to the amount invoiced for the item plus Buyer's Premium and Sales Taxes if charged. Shipping charges are excluded and are the sole responsibility of the Buyer. 4. PAYMENT INFORMATION: Effective October 15, 2022, unless you have an established buying record with us, we will charge all credit cards immediately after the close of the auction. If you have an established record with us, we will automatically extend to you the option of paying with cash or check at auction pickup. FOR NEW CUSTOMERS: In order to help eliminate credit card fraud, if your anticipated purchase or actual purchase is more than $250.00, we may require payment by E-check or wire transfer. Please call for details. Double Diamond Auctions accepts CASH, CHECK (with vaild Colorado ID or Military ID), CREDIT CARD, OR WIRE TRANSFER. Acceptable credit cards are Visa, MasterCard, Discover and American Express. Credit cards will not be accepted for purchases of jewelry, coins, or purchases over $500 unless authorized ahead of auction closing. Cashier's Checks or Personal Checks may be accepted with prior authorization and identity verification. Merchandise will be held for up to 14 days for these checks to clear. Double Diamond Auctions reserves the right to charge the Bidder's credit card the full amount of any or all of Bidder's pre- or live bids at any time. When the bidding for an item closes, Bidder assumes full responsibility for the merchandise. FOR INTERNET ONLY AUCTIONS, EVERYTHING MUST BE PAID FOR WITHIN 48 HOURS OF AUCTION CLOSE OR AS SPECIFIED IN THE AUCTION DESCRIPTION. Credit cards will be charged at the end of business the second day after auction close. All internet Bidders agree to pay a buyer's premium equal to Fifteen Percent (15%) of the hammer price of each item they purchase. If the hammer price of an item is $100.00, the buyer's premium will be $15.00 for a total purchase price of $115.00. Under state law, applicable sales tax will be collected on the entire amount. No discount is offered at any time. The bidder/buyer agrees to reimburse the auctioneer for all expenses incurred in the collection of any bad debt in conjunction with this auction. We may charge an additional $30 fee to any buyer whose credit card is declined for any reason and bidding privileges will be suspended until paid in full. Buyers may utilize our online payment option. 5. INTERNET SERVICE PROVIDER & SOFTWARE: Double Diamond Auctions is providing internet only bidding for this auction. Bidder acknowledges and understands that this service may or may not function correctly during the auction period. Under no circumstances shall Bidder have a claim of any kind against Double Diamond Auctions or anyone else if the internet service fails to work correctly before or during the auction event. Double Diamond Auctions will not be responsible for any missed bids from any source. Double Diamond Auctions reserves the right to withdraw or re-catalog items in this auction. In the event of any software problem, mistake or other issue, Double Diamond Auctions reserves the right to extend the closing times, stop, re-start or cancel this auction at its sole discretion. Although an item may display as "sold" on the internet, no sales are final until they are certified by Double Diamond Auctions and Bidder receives an invoice. The sale price recorded by the auction software provider shall be the official sale price of the item sold. Double Diamond Auctions reserves the right to cancel any or all sales and resell the items in whatever manner it chooses. 6. BID INCREMENTS; SELLER RESERVES; ELIGIBLE BIDDERS: The bids are advanced at pre-set increments which are viewable on the Auction Details page under the Bid Increments tab. From time to time Double Diamond Auctions may accept items with secret reserve amounts. Reserves will not be set on any item after the start of the auction. The seller and Double Diamond Auctions reserve the right to bid on behalf of the seller on items which there may be a reserve. This is a public auction and as such, all qualified bidders may bid including Double Diamond Auctions owners, family members and employees. Double Diamond Auctions may reject or cancel any bid for any reason. The record of the auction made by Double Diamond Auctions shall be conclusive. 7. PLACING A BID; SOFT CLOSE: Bidders who choose to place bids on items may do so at any time after the auction officially opens and before the item closes. Bidders may choose to bid the next increment amount on any item or may wish to bid up to a maximum amount of their choosing. Bidding more than the next bid increment means you will bid in published increments up to and including your maximum amount but no higher, unless overridden by you. Your maximum bid amount will not become the high bid unless another bidder has previously placed a higher maximum amount for the same item. For example, suppose you wish to bid on an item XYZ Widget. The current bid for XYZ Widget is $4. You can either bid $6 (the next increment) or if you believe the item is worth $10, you can place a maximum bid you will pay at $10. The auction website will bid the next increment of $6 for you and if that is the only other bid on this item, the bid will remain there until it closes and you win the item. Another bidder may choose to bid $8 at which time the website will automatically place your bid of $10 (your maximum) and you are still the high bidder. If another bidder places a $12 bid on the item, unless you override your maximum bid amount, you will have been outbid and potentially will not win the item. When the bid was at $4 and you placed a maximum of $10 on the item, the high bid was not automatically raised to your maximum. Only bids from other interested buyers raised the bid to your max or beyond. You may at any time raise your maximum bid, however. This auction utilizes a "soft close" to end each item in the sale. A soft close means as items are closing, if there is a bid on the specific item or group of items within a certain time frame of the items scheduled close, then the item's closing time is extended a specified amount of time. This is done to prevent sniping of items at the end of an auction making it fair for everyone to bid. The soft close time is generally two minutes but can vary depending on the auction needs. 8. PROPERTY PICK-UP AND REMOVAL: All property shall be removed from the premises by the Bidder at his/her own risk and expense within the time period announced. FOR ITEMS SOLD AT OUR SIMLA LOCATION: UNLESS OTHERWISE DESCRIBED, ALL MERCHANDISE PURCHASED AT THIS AUCTION MUST BE REMOVED WITHIN EIGHT DAYS OF AUCTION CLOSE. THE SPECIFIED TIME FRAME IS REGULARLY WITHIN THE WEEK FOLLOWING THE CLOSE OF THE AUCTION FROM 9:00 AM - 4:00 PM UNLESS SPECIFICALLY ALTERED IN THE AUCTION TERMS. UNLESS SPECIAL ARRANGEMENTS HAVE BEEN MADE WITH Double Diamond Auctions OR THE ITEM IS BEING SHIPPED THESE DAYS AND TIMES WILL APPLY. PROPERTY NOT REMOVED WITHIN EIGHT DAYS OF AUCTION CLOSE WILL HAVE A STORAGE CHARGE OF $10 PER LOT, PER DAY ADDED AND AFTER FOURTEEN DAYS OF AUCTION CLOSE, THE ITEMS WILL BE CONSIDERED ABANDONED AND FORFEITED WITH NO REFUNDS. FOR ITEMS SOLD AT ONE OF OUR ON-SITE LOCATIONS: SPECIFIC DAYS & TIMES WILL BE PUBLISHED IN THE AUCTION DESCRIPTION AND SENT TO YOU VIA EMAIL. THESE DAYS AND TIMES WILL BE STRICTLY ADHERED TO. SHOULD YOU NEED ALTERNATE ACCOMODATIONS, PLEASE CONTACT US BEFORE YOU BID. MANY TIMES, ALTERNATE DATES ARE NOT AVAILABLE. ALTERNATE DATES AND TIMES MAY CAUSE ADDITIONAL CHARGES ON YOUR INVOICE. Abandoned property that has been paid for will revert to DOUBLE DIAMOND AUCTIONS LLC for disposal and Bidder shall have no claim to merchandise not removed after the fourteen days. This will apply to any and all Transfer Agents working for and in the interest of DOUBLE DIAMOND AUCTIONS LLC. Buyer's bidding privileges will be suspended until storage costs have been paid in full. 8a. FIREARMS: In the event that we have firearms in our sale, we will utilize an off site FFL dealer to take immediate possession of the firearms, conduct background checks, and handle shipping. All firearms will be transferred to our FFL before the auction begins and at the conclusion of the auction, you will be notified of the address so that you can go there to complete the background check. Any and all previews will be conducted by our FFL at his location by appointment only. If you are out of the area and require shipping, then you will need to contact our FFL dealer to arrange for shipping to another FFL dealer who will complete your background check. THIS IS REQUIRED ON ALL FIREARMS, REGARDLESS OF CONDITION. As of August 7th, 2023, Colorado law requires all firearms buyers to be 21 years of age and older. This applies to all firearms. As of October 1st, 2023, Colorado law requires a mandatory 72 hour wait period on all background checks for all firearms purchases. This means that the successful buyer must wait 72 hours until after the completion of a successful background check before being allowed to pickup the purchase(s). This will mean two separate trips to the FFL if you are not shipping your firearms. 9. SHIPPING: Double Diamond Auctions primarily utilizes Shipping Saint shipping to facilitate the shipment of purchased auction items. Double Diamond Auctions will ship most items if not prohibited by law or size restrictions. iT IS YOUR RESPONSIBILITY TO ENSURE THAT ITEMS ARE ELIGIBLE FOR SHIPPING BEFORE BIDDING ON ALL ITEMS. NO REFUNDS WILL BE GIVEN FOR FAILURE TO KNOW IF AN ITEM CAN BE SHIPPED. SHIPPING PROCEDURE: Once the auction ends, you will receive an email from Shipping Saint asking if you will pickup the item or if you want it shipped. Depending on your answer, your items will be prepared for pickup at the auction location or sent to our shipping department for packaging. At the shipping department, your items will be prepared in the most economical way for shipment to you. We utilize USPS, UPS, FedEx, and DHL for shipment choices. It is your responsibility to contact us about shipping and the cost associated with that. You will be sent an invoice with the shipping amount along with an associated fee to cover labor. Both the original auction invoice and the shipping invoice MUST be paid before items ship. There will be two charges to you, we cannot combine them into one invoice. Most questions can be answered by calling 719-494-4804 or by email to todd@doublediamondauctions.com In the event that Bidder does not pay for shipping, Bidder shall have no claim against Double Diamond Auctions and will forfeit the merchandise with no refunds. Items may be insured for the purchase price and delivered with signature confirmation required. Our priority is to deliver your purchase in excellent condition. Bidder agrees that any merchandise not removed by bidder within eight days of the auction will be forfeited with no refunds. 10. GOVERNING LAW; JURISDICTION: Bidder agrees that this agreement shall be governed by the laws of the state of Colorado and hereby grants sole jurisdiction and agrees to submit to the personal jurisdiction and venue of a court of subject matter jurisdiction located in Elbert County, Colorado. Bidder agrees and grants that service of process on them may be obtained by mailing a certified letter, containing a summons, postage prepaid, to them at the address they provided to register. Should a dispute arise between Double Diamond Auctions and Bidder, Bidder waives any right to a trial or hearing in a court of law and agrees to settle the dispute through binding arbitration in Elbert County, Colorado with an arbitrator appointed by the President of the Colorado Auctioneers Association. 11. SEVERABILITY: If any provision of this Agreement shall be or shall become illegal, invalid, or unenforceable, in whole or in part, for any reason, the remaining provisions of this Agreement shall not be affected thereby but shall be deemed valid, binding and enforceable to the greatest extent permitted by law. 12. BIDDER IDENTIFICATION: Double Diamond Auctions may refuse a buyer's number and bidding privileges to anyone for any reason. Bidder agrees to provide any identification Double Diamond Auctions may request including but not limited to: driver's license, photocopies of credit cards, Social Security card or US Passport. Bidder agrees to comply with any stated additional terms or conditions associated with items. Registering with an invalid or fraudulent credit card will be grounds for denial of bidding privileges.