Lot # : 367 - Cowboy Composite Sculpture by Michael Garman

THIS IS AN ONLINE-ONLY AUCTION By placing a bid, the Buyer contractually agrees to the following terms and conditions of sale: 1. NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE TITLE, MERCHANTABILITY, CONDITION, PROVENANCE, TIME PERIOD, OR FITNESS FOR A PARTICULAR PURPOSE, ARE GIVEN. All auction items are sold "as is-where is". Brannian Auction and its employees act merely as agents for Sellers. It is the responsibility of the Bidder to determine the condition of the items and bid accordingly. Place your bids accordingly and read all descriptions and terms prior to placing your bids. All sales are final. All statements made prior to the sale of any item shall have legal precedence over printed materials and any prior verbal statements. Brannian Auction reserves the right to reject a bid from any Bidder. The highest Bidder will be the Buyer. The Brannian Auction shall have sole and final discretion as to the disposition of any dispute including the re-offer and resale of any article in dispute. The records of the Brannian Auction will be deemed conclusive in the event there is any dispute after the sale. Some items may be subject to reserve (the confidential minimum price below which the lot will not be sold). If Buyer fails to make payment when due, Buyer agrees to reimburse Brannian Auction or the Seller of the item for collection and court costs, including attorney fees, and agrees that interest shall accrue on the unpaid balance at 18%, annual percentage rate. Any legal disputes shall be settled in the appropriate Wyoming court, pursuant to Wyoming law. 2. PAYMENT: Payment for all purchases is due immediately at the conclusion of the auction. Brannian Auction will charge Purchase price, Buyer's Premium charges, applicable sales tax, and any other fees to the credit card submitted at time of registration for invoices up to $2,000.00. 2a. Any invoice over $2,000.00 will require a wire transfer unless other arrangements have been made with Brannian Auction PRIOR to the end of the Auction. Buyer is responsible for any fees their bank charges to wire funds. Funds must be wired the next business day after the Auction ends before 3:00pm. 2b. Brannian Auction accepts Visa, MasterCard, American Express, and Discover. Buyer will receive a receipt after the auction ends with confirmation of item(s) on which you were the successful bidder with the final amount charged. If the charges are declined by the credit card processor a Non-sufficient Funds charge of $25.00 will be assessed to the Buyer. Buyer will immediately be notified of NSF transaction through e-mail and be given 24 hours to contact Brannian Auction with an alternative payment method. 2c. Please check to ensure your account accepts email from brannianauction1@gmail.com Payment must be made prior to pick-up. 2d. If purchases are not settled within 24 hours of the close of the auction, they are considered in default. Upon default, Bidder will be blacklisted on Brannian Auction and HiBid Auctions. 2e. A WIRE TRANSFER will be required for ALL Buyers who purchase gold and/or diamonds. 3. Any item(s) remaining after designated pick-up time are considered forfeited and ownership will revert back to seller. NO credit card charge backs will be allowed. NO refunds will be given. 4. All Federal & State Wildlife Laws pertain. 5. Any framed artwork has not been examined outside of its frame. 6. It is the Bidder's responsibility to determine condition, age, genuineness, value or any other determinative factor. Brannian Auction will, to the best of our ability, attempt to describe the merchandise in detail and provide pertinent information, but makes no representations. Printed statements or descriptions by Auctioneer are provided in good faith and are matters of opinion. Bidder shall be the sole judge of value. Every effort will be made to ensure that each item stays in the same condition that it was photographed in. However, all property is sold AS-IS, and ALL SALES ARE FINAL. Buyers assume complete responsibility for care of each purchase at time of sale. Brannian Auction is not responsible for accidents, thefts, errors or omissions. Brannian Auction is not responsible for incorrect listing information, if any. Auction company encourages all bidders to inspect lots in person before bidding. 7. Brannian Auction reserves the right to add or remove items from the auction and add minimum bids or reserve prices. The auction company reserves the right to cancel, suspend, extend or reschedule an individual item and/or auction event or to make changes to the auction closing times or inspection or pick-up times. 8. BUYERS PREMIUM: A 10% buyer's premium will be added to each purchase. For example, if you bid $100.00, at checkout you will be charged $110.00 plus taxes and any applicable fees. There will be a sliding scale, based on the invoice total, for the Buyer's Premium as follows: $1 - $5,000: 10% Buyer's Premium $5,000 - $20,000: 5% Buyer's Premium $20,000+: 3% Buyer's Premium 9. PARTICIPATION REQUIREMENTS: Valid credit card required for bidding approval. Brannian Auction will accept Visa, MasterCard, American Express, and Discover. All Bidders will incur a $1 charge to their credit card upon auction registration/bidder verification for credit card authorization and will be refunded. Please make sure the address on file matches your billing address in order to register successfully with your credit card. 9a. EMAIL RESPONSIBILITY: In order to register to bid in any online auction, you must have a valid email address and be of 18 years of age. It is your responsibility to ensure your particular server accepts emails from our server. We use email as our primary method of communication. If you aren't receiving our emails, check your SPAM or JUNK folder and allow emails from brannianauction1@gmail.com. 9b. BIDDING PROFILE: When you register to bid with Brannian Auction and HiBid, you must create a bidding profile. This profile contains your personal information - you can always view and edit your profile by logging in. It is YOUR responsibility to ensure that al the information on the profile is VALID and CURRENT. Brannian Auction will rely on that information to contact you and process payment. 10. CURRENCY TYPE: USD 11. AUCTION CLOSING: The closing time of this auction will be listed within the auction. This auction features EXTENDED BIDDING. This feature extends the bidding on a lot for THREE minutes past the closing time, if a bid has been placed on that lot within the last THREE minutes of the auction. It will remain open until there are no bids on that lot during the extended time period. This only affects lots with last minute bids. Any lot not bid on in the last three minutes will close as scheduled. An example would be if you were participating in an Online Auction that closed at 6:00 PM and you placed your bid at 5:57 p.m. That lot would be extended until 6:03 p.m. and would keep extending THREE minutes after each new bid is placed. It will stop extending when no bid had been placed during the extended time period. 12. This auction also features MAXIMUM BIDDING. When you place your MAX BID, the current bid price does not automatically go to your max bid. Another Bidder has to bid to increase the current price and the computer will automatically bid up to your max in the increments specified. If someone has already entered a MAX BID on an item you are bidding on, the system will automatically bid for you until you are the current high Bidder or you reach your MAX BID. If you have reached your MAX BID and are still not the current high Bidder, the system will give you the opportunity to enter another MAX BID. You may request outbid notices when registering for your online bidding account. You can choose to have them sent to your email, cell phone via text message or both. If you are not able to be around a computer/mobile device during the closing of the auction or receive and/or read your outbid notices, we HIGHLY RECOMMEND you enter your MAX BID when bidding. Your MAX BID would be considered the maximum amount you are willing to pay for your item. Please remember, you can always raise your max bid, but you CANNOT lower it. 13. Bids will be placed in the ORDER that they are received. If 2 buyers enter a max bid of the same dollar amount, the buyer who entered their max bid FIRST will be the bidder that is in at that price. Please be aware of the bid increment that you are in on when placing your max bid. If you have any questions please call us at 307-620-2157 or email us at brannianauction1@gmail.com. 14. PICK-UP/LOAD OUT: Buyers can pick their items up at the time specified within the auction. Payment must be made prior to Pick-up. Paid in full invoice must be presented by buyer or assigned representative prior to loading items. Please bring your own packing materials, moving equipment, and/or manpower required to remove your items at the specified pick-up time. If you are not able to pick up at the time listed in the auction, you must send a representative to pick up for you. 14a. Items must be picked up by the Buyer or their representative DURING the pick-up time specified in the auction details. This is the ONLY TIME that pick-up will be offered for this auction. Buyers will not be permitted to pick-up items outside of the pick-up time. Any item(s) remaining after designated pick-up time are considered forfeited and ownership will revert back to seller. 14b. Any item(s) Brannian Auction has to haul from the pick-up site due to missing pick-up time or abandoning part of the purchase are subject to a $20.00+ per item hauling fee plus a $5/day storage fee. This also applies to individuals who leave part of a lot behind without prior approval from the auction company. 14c. Brannian Auction will NOT help with loading. Brannian Auction reserves the right to charge a fee to any Buyers that do not bring adequate help, requiring our staff to help move items for a Buyer. 15. SHIPPING & HANDLING: Shipping charges will appear as a separate charge after the original invoice has been paid. Brannian Auction can't estimate shipping costs until items are boxed for shipping. All purchases will be shipped to Buyer via USPS Priority or UPS Ground depending on the size and weight of the parcel. Shipping will include additional insurance if needed to equal the purchase price of the shipment. Your items will ship to the address listed in your Buyer Profile unless other arrangements are made BEFORE the end of the Auction (Contact us at online@brannianauction.com or 307-620-2157). A HANDLING charge of $5/Lot will be charged. If the lot contains multiple items/parts that need additional/individual packaging, additional fees will be charged based on materials needed. NO SHIPPING outside the United States. 15a. If items are too large, too heavy, or breakable (as determined by Brannian Auction), Brannian Auction will take items to Pack and Mail in Sheridan, WY (307-672-7226) and they will contact Buyer for shipping and packing payment. 15b. There will be NO SHIPPING on ammo and firearms. Shipping is only available on item(s) as indicated in the catalog. 16. CATALOG DISCREPANCIES: You are bidding on the described item not the photograph, occasionally the wrong photo may be displayed, always read the item description. 17. ONLINE SERVICES: Brannian Auction is providing internet bidding as a service to Bidders. Bidders acknowledge and understand that this service may or may not function correctly the day of the auction close. Under no circumstances shall Bidders have any kind of claim against Brannian Auction or anyone else if the internet service fails to work correctly before or during the Online Auction. Brannian Auction will not be responsible for any missed bids from any source. Internet Bidders who desire to make certain their bid is acknowledged, should use the max bid feature and leave their maximum bid 24 hours before the auction closing. 18. The Bidder is responsible for knowing which item is being bid on. If the Bidder is unsure, they should inquire or not bid. When becoming the winning Bidder at auction, you have affected a contract and will be expected to pay for items in which you were evidenced to be the successful Bidder. The auction company will not honor a mistake. 19. Brannian Auction reserves the right to accept bids in any increment we feel is in the best interest of the Seller. The auction company reserves the right to reject the bidding of any person whose conduct, actions, or adverse comments he feels is not in the best interest of the Seller. 20. If there is ANY damage done to an individual item or the pick-up location - due to the attempted removal of an item, the Buyer assumes full responsibility for the damages incurred while retrieving their item(s). 21. Items with "Reserve Not Met" status means the Seller as a set reserve amount on the indicated item. If the item does not meet the reserve, the item will not be sold. Once the reserve price has been achieved, it will be indicated as "Reserve Met" and item will be sold to the highest bidder. Brannian Auction may lower the reserve amount. 22. Buyer does hereby indemnify and hold harmless Brannian Auction and Seller from any and all damages, claims or liabilities from injuries to persons or property of any type whatsoever caused during the sale or by the removal of items purchased. Buyer assumes all risk and liability whatsoever resulting from the use of the item(s) sold hereunder; and shall defend, indemnify, and hold harmless Brannian Auction and Seller from any liability.