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This item WAS NOT SOLD. Auction date was 2020 Nov 18 @ 17:45UTC-08:00 : PST/AKDT
1864 diary by Charles T.S. Pierce of the 5th New York Cavalry, Co. G, with fantastic content from the summer of 1864 when the regiment was engaged during the Overland Campaign and the Wilson-Kautz Cavalry Raid. The diary begins with a bang on 6 May 1864, with Pierce describing their fighting during the Battle of the Wilderness, with updates throughout the day: ''7.00 AM. Cannonading commenced this morning at about 5. Gen. Burnsides force came up this morn. We marched directly to the front. 1500 Rebels taken May 5th and this morning two regiments were taken...This AM 9.30 Heavy musketry firing continuously together with artillery. Two brigades of rebs were taken prisoner. / 10.00 104 prisoners taken on the left wing. Firing ceased 10.30. The 6th corps broke and our men rallied at Wilderness Church. Firing commenced again at 11.00 last till 18.40 ceased till 4.45 except once in a while artillery and slight skirmishing. / 4.45 PM heavy firing commenced again. Hard fighting ensued several charges made. The prisoners sent in of yesterdays fight amount to 3100. / 6.15 Charging on the right flank our forces driven back. The wagon train moved back and artillery forward. Our cavalry were ordered up to stop the men from running back...''
The Battle continues the next day, on 7 May 1862: ''...Infantry were sent up again and the demoralized reformed sent forward. The 107th Regt NYSV were the first to brake of the 9th Army Corps. / 7.30 We are ordered out to the right flank...3.00 PM Right Rebel line fell back, we withdrew our line. Order of Col. [John] Hammond and stopped for Hd Qrs of division. The Rebels made their appearance and gave us a few shell and solid shot. We kept in perfect order and were again out of range of their guns. The 22nd NY Cavalry broke and ran. Riderless horses passed by us in the pike. Cannonading ceased...4.15. All the companies accept [except] 9 & 8 cut off by the rebel gunners taking charge of the Plank road by the Ford. The 22 NY cav broke out at 3 sharp and the others became panic-stricken and all ran. 6th NY cavs being on the extreme right did not participate in the scrimmage. / 5:30. We started to Boise station via of Humphries Ford crossed the Rapidian...arrived at the station at 12:50 p.m. Sunday, were fired on by the guards of the station and have not heard the results of today's fight. Stopped overnight. / 9. Gen Sedgwick was killed today. Gen hooker lost 700 men prisoners and took 1100. Made an exchange of prisoners 1000 Rebels for 700 Union men and equipped them and retook the 1,000 rebs before they were armed. 18 Pensia Cavalry made a charge on Spotsylvania and took 1500 prisoners...''
On the 12th Pierce reports, ''4:45 a.m. The cannon commenced this a.m. early. Lee is reported as having masked his whole force on our right wing. / 9.25. Reported that enemy are in rear of our baggage wagon. I was ordered to General Fennis hd qrs to keep the men and sharp lookout and some made a charge took 180 rebs. / 10.00 Very heavy cannonading on right keeps increasing. I learned from headquarters that no enemy were between Baggage Train and our forces. Decisive work is going on now. The hardest fighting of the war is taking place. It had rained nearly all day. / 3.00 Gen Hancock reported to have captured one division of rebels. Musketry is terrible and has been for 3 hours. / 3.35 Cannonading is abating. / 4.00 We left Pickett and went to the regiment. Lee asks for armistice to bury his dead. General Grant answers 'I'll bury them for you.' / 5.10 all fighting stopped except stuttering shots. Work of the day report officially as follows, 34 pieces Cannon captured by our men. 2100 prisoners. Gen. Grant fell back last night...''
On the 14th and 15th of May, Pierce reports skirmishing with the 13th Virginia Cavalry before fighting in the Battle of Spotsylvania Court House on 16-18 May 1864, when he writes, ''...We were started out again in Pursuit. Together with the remainder of the Brigade detest and sent to produce. The 9th VA Cavalry met them south of the woods Massaponax Church, made a charge and drove them over the Massaponax Creek into the woods we crossed the creek and picketed the opposite side during the night. I went around among the citizens of the place. We 'drew' a few things necessary &c. / 17th. ordered out at 9 a.m. went on the hill opposite the rebels...12m. Crossed over the Massaponax Creek and engaged the rebs after about 2 hours more we had to leave them. They shelled us and gave us solid shot. The bat on left company G to charge alone, they run to the rear. I had my horse shot in the hind while on the charge. Part of the Vets return...18th. Heavy cannonading. / 2.05 PM. Started out over the creek again to try them again, Advance constantly under the command of Lt Col Hammond. Got into line in the woods at 2:30. Our battery stage back. The first shot has been fired on our advance and one near wounded of another co. / 230 Fell into line in a semicircle on a by road. They gave us one volley. We had another hard Skirmish. The rebs made a charge on us and were repulsed...''
From the 20th until the 25th of May, Pierce describes constant skirmishing with the Rebels, including a meet-up with John Mosby, ''...20th. return to this am at 9:30 nothing done in way of fighting. Started out for Bowling Green at 11:20 p.m. arrived at 8:45 a.m. Went through the town and counter marched met toward the Milford railroad station and soon came in contact with the rebs. After a sharp fight of 1 1/2 hours we drove them from the station with but little loss on our side from our co one John Vandermark. We live pretty well on the fat of the village. I spent part of the afternoon and evening with one of the families of the place played on the piano and sung several pieces. Our army is moving over the Massaponax River flanking the enemy. / 11.00 PM We are ordered to go to Gen Meade's hd qrs with dispatches, met Mosby on way, but we shunned him as best we could after a short fight and arrived at station at 4:25 a.m. Left there at 11:30 a.m. for Milford Station arrived at 2:30 p.m. Was not allowed to remove the saddles, expect to move on again front with main army. Heavy cannonading this am. / 4.00 We are in line for moving, marched to Bethel Church, arrived at 7:45 p.m. went into camp late in the evening in a clover field...23rd Called out 4:30 a.m. placed in line of March for the rebs, found them 10.20. Pickett drove them in advanced on to Mount Carmel Church arrived at 11:35. The rebs opened on us a few rods south of it with artillery the first thing. The cavalry was dismounted and forwarded as skirmishers, were driven back at first, gained our ground. Batteries came up heavy cannonading from our side, not much reply. Rebs throwing up men with works opposite the Monkey (south arm) River. / 6.55 Very heavy cannonading on both sides. / 7.10 Infantry open very sharp / 7.40 20 corps charge and take a battery of theirs. / 7.50 Incessant firing perfect roar. / 9.30 Musketry ceased. / 10.10 Cannon occasional...24th 11.05 Cannonading commenced hard on both sides with solid shot and shells. / 2 p.m. occasional shots / 4.00 hard fighting commenced continued till 7:10...25th Our regiment on enemy flank doing good execution...26th...Captain Brian's reported not wounded but prisoner.''
The regiment had a few day's rest before fighting begins again on 1 June 1864 in Ashland and then Salem's Church, Virginia: ''...June 1st Skirmishing commenced this morning very sharp seized in about half-an-hour occasional shots. / 5.10 Commenced shelling the rebs / 5.30 They fall back on advance. / 7.40 They open cannon on us ran over shots. / 8.10 We stack them again and drive them at every point. / 10. All silent. / 12.50 Commences again continuous till pm, rush Ashland RR Station. Set fire to the water tank & tear up the track. I talked quite a while with a citizen, he was northern sentiment. / 4.00 PM The Rebs surrounded and open on us heavy. We give them thorough work for 1/2 hours and then we have to retreat via of RR. Our cannons cover the retreat our wounded are only post there...2nd. We lay still till 4 p.m. went as escort of ambulance train to White House Landing went part of the way and halted for rest of the night. It rained all the time. I got wet through and slept In the mud till morning and co. stood picket...3rd We made advance on the enemy at Salem Church and drove them back with but little loss to ourselves. / 6:10 pm. Firing commenced on our left very heavy, cannon and musketry. We are ordered to stand to horse in readiness for then we again repulsed them, driving them some 1/2 miles. We went back a short distance and camped for the night...4th...8.30. Heavy fighting commences, the rebs try to break our lines on the right flank, did not succeed. Our Cavalry lay still all day near Salem Church...''
The 5th New York were engaged in the Battle of Cold Harbor at Bethesda Church, with Pierce reporting on 11 June, ''...Whole Brig went out together with the artillery and engaged Longstreet's Corps driving them back and held the position till the Infantry came up. Co then is ordered back, 5 men killed and wounded from the reg...'' For the next several days the regiment moves towards the James River, with perpetual skirmishing along the way (''Met the rebs and they repulsed us...we send up River for reinforcement's and held them back on our flank on the right...'')
The regiment was then tapped for the Wilson-Kautz Cavalry Raid to disrupt rail lines around Petersburg, culminating in the disastrous Battle of Ream's Station on 29 June 1864, with Pierce describing the mayhem as Union cavalry attempted to escape the Confederates surrounding them. Before the Battle, Pierce describes moving towards Petersburg beginning 17 June: ''...start for Petersburg March through a cloud of dust till 9:40. Camp five mile short of destination...18th. Start at 8:15 a.m. after breakfast back to Prince George at Blackwater. Left house on picket. Heavy cannonading and musketry on our right in the direction of Petersburg...21st. Hard fighting in direction of Petersburg. Received orders at regimental hd qrs to be ready to start tomorrow. Rations dealt out for 5 days for men and two for horses considerable bustle in camp preparing...22. Called out at 1:20 a.m. orders to saddle and pack and get ready for a move. We started at 4:30, whole Brigade. We crossed RR at Reams Station found it in Flames at 11:25...the enemy made a dash on the rear of our column but with little effect save to cause them to 'close up' very sudden. We captured four prisoners. March on through the almost suffocating dust and heat till 5:45 pm. Make a halt to feed our Squadron, was sent out on front as picket. Stopped for about 1 1/2 hours advanced again marching until 10:05 PM. Made a halt for the night near the Ford station on Peters RR which was burning...23rd. Saddle and pack up was heard from our company Commander. After that was done we fell in line and advanced, reached Fords station on Peters and Lynch Railroad and found two trains of cars and their engines burning. they having been captured by our forces in the advance, also station buildings and woods a little further on our route we found store houses containing cotton. These were burned. We marked our roads with devastation and destruction. We meet with no opposition till we reach little Nottoway Creek en route for Bronxville station when the enemy open on us with cannon, our advance held their attention while Gen Kantz command past as I left and burn the station the railroad track. Our reg sent for at 6:10 p.m. to report to Gen Wilson. They are immediately ordered in line as skirmishers dismounted Lt Colonel Hammond accompanying them into the road, find the line so irregular that with his usual marked percussion, he helps them until he finds where the line should be and about 11 p.m. they are in line. There was some sharp fighting done in the evening from 7 to 10. Our forces drove them over the railroads Peters and Lynchburg...25. Up at 3:30 fed horses but no time to get breakfast started. Arrived at Drakes Branch about 11 a.m. Had opportunity to rest and eat our breakfast. Our advance reached Roanoke station at about 2:45 p.m. and receive a warm welcome. The enemy stood their ground and we are unable to move them from their fortifications on the opposite bank of the river. They are in rifle pits and have sharp shooters that keep our men back. 1st & 6 & 11 PA lose over 100 men in killed and wounded. 17 officers killed and wounded in the fight. Gen. Kantz men took possession of the bridge over the river but not a man among them had a match to set fire to it hence had to leave it. Stayed overnight at this place...26. Start at 1:15 this am moving parallel with the river. The enemy giving us shell to spur us on our way, but they do but little or no harm. We find the depot buildings this morning and took course for our line. Arrive at Christianville at 5:20 p.m. camped on Blackstone Creek arriving there at 11:40 pm. Got corn at 6. Found a building containing shelled corn brought by farmers. It contained near as I could ascertain by papers we found their 2936 bushel of shelled corn...''
On 29 June 1864, Pierce describes the dramatic Battle of Ream's Station over several pages: ''...At 3:10 this am hard-fighting commenced again, cannon were steady. They being too strong for us to dislodge. Gen Wilson's command held them at Bay while the ambulances and baggage and Supply train pass on a head toward Rim station during the start of this am. The most of the 2nd Brigade were in the fight dismounted and more captured by the enemy after going to within 2 and 1/2 miles of Reams. We engage them all again. They open on the advanced guard formed a masked battery with canister. We advance men on their works, but find they have infantry and Cavalry in over powering numbers and after making a good trial our men cease operation for a time. Gen Wilson and staff rode around among the commands with a look which indicated trouble. He goes once more to the front of the lines, shots are fired and again he came back and the men begin to see that we are surrounded and the question goes from one to the other wonder what's to be done, but the question was soon answered for at 12:20 as I came out of the woods I saw the blacksmith's forge on fire. The supply train getting together to share the same fate and next our sick and wounded what's to become of them?''
Pierce continues, ''And then commenced the retreat or I should say stampede, one living mass of human beings started off at a common pace but soon it was quick and to the top speed every horse, the sound and fields of either side were one panic-stricken demoralized moving column, among the rest one piece of artillery was brought away out of the 20 which had been with us. We were about 1 mile Northeast of the Rowanty creek where the retreat commenced. I could but think and look upon with horror little thinking I was to witness where. on reaching Stoney Creek the enemy not being in strong force rapidly pursuing. This scattered fragments of regiments, men formed east of the river to make a stand. Men were seen forming in rank with no arms, some no ammunition, having lost or thrown away one or the other or both in the general melee of the hour...the report of arms of our skirmishers tell us they are coming and we make preparations. Volley after volley go from our men but still they advance in overpowering numbers time and time again but what is seen in our rear is a bridge and eager man and hearts partaking as it seemed of the spirit of their riders strained every nerve to gain the opposite banks. Some cross the bridge others plunged headlong down the rocky and precipitous bank. Some were crowded off the bridge. Horses riderless and men unhorsed making every effort to gain the shore while around them all the bullets around them like hail in a hail storm. Efforts were made on the opposite shore to wall and harden the bridge but to no effect. I hauled it among the few who did and retreated, my revolvers the only weapon I had, I having discharged them before I left the field on the other side. God forbid that my eyes should ever behold another such scene. The road of retreat was field as before on the same one we came on, but our number was seriously decreased how much I know not...''
Other information is included in the diary, such as the roll for Pierce's Co. G of the 5th New York Cavalry, a list of approximately 50 books owned by Pierce, a clipping of a poem entitled ''Thou Art Not Forgotten'', a news clipping of the 5th NY Cavalry's impressive performance at the Battle of the Wilderness, including how Pierce's Co. G ''opened the great battle'', and much more including a list of Civil War battles, and a list of men in the regiment fit or unfit for duty, along with the fitness of the horses. Leather pocket diary with flap measures 3'' x 6''. A few loose pages, and some pages that are composed in pencil are smeared, but accompanied by near full transcriptions. Very good condition.
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All deliveries are subject to good funds; funds being received in Nate D. Sanders Auctions' account before delivery of the Purchases; and all payments are subject to a clearing period. Nate D. Sanders Auctions reserves the right to determine if a check constitutes "good funds": checks drawn on a U.S. bank are subject to a ten (10) calendar day hold, and ten (10) business days when drawn on an international bank.
In the event that a Bidder's payment is dishonored upon presentment(s), Bidder shall pay the maximum statutory processing fee set by applicable state law. If Bidder attempts to pay via check and the financial institution denies the transfer from Bidder's bank account, or the payment cannot be completed using the selected funding source, Bidder agrees to complete payment.
If Nate D. Sanders Auctions refers any invoice to an attorney for collection, the Bidder agrees to pay attorney's fees, court costs, and other collection costs incurred by Nate D. Sanders Auctions. If Nate D. Sanders Auctions assigns collection to its house counsel, such attorney's time expended on the matter shall be compensated at a rate comparable to the hourly rate of independent attorneys.
Nate D. Sanders Auctions shall have a lien against the merchandise purchased by the Bidder to secure payment of the Auction invoice. Nate D. Sanders Auctions is further granted a lien and the right to retain possession of any other property of the Bidder then held by Nate D. Sanders Auctions or its affiliates to secure payment of any Auction invoice or any other amounts due Nate D. Sanders Auctions or affiliates from the Bidder. With respect to these lien rights, Nate D. Sanders Auctions shall have all the rights of a secured creditor, including but not limited to the right of sale. In addition, with respect to payment of the Auction invoice(s), the Bidder waives any and all rights of offset he might otherwise have against Nate D. Sanders Auctions and the consignor of the merchandise included on the invoice (the "Consignor"). If a Bidder owes Nate D. Sanders Auctions or its affiliates on any account, Nate D. Sanders Auctions and its affiliates shall have the right to offset such unpaid account by any credit balance due Bidder, and it may secure by possessory lien any unpaid amount by any of the Bidder's property in their possession. Title shall not pass to the successful Bidder until all invoices are paid in full. All checks, cashier?s checks, bank checks, or money orders are payable to Nate D. Sanders Auctions.
Shipping: Applicable shipping, handling and insurance charges will be added to the invoice. We offer several shipping options, and remain one of the few auction houses who proudly provides professional in-house shipping as an option to our clients. All items will ship with signature required, and full insurance. Most items are sent via Federal Express, with P. O. Box addresses being sent through USPS.
International shipments: All international shipments will be sent via Fed Ex.
Upon winning your item(s), you will receive an invoice with our in-house shipping, handling, insurance fees and applicable state sales tax. **We will ship to the address as it appears on your invoice, unless you inform us otherwise, immediately upon your receipt of invoice**
Title shall not pass to the successful Bidder until all invoices are paid in full.
After payment has been made in full, Nate D. Sanders Auctions will ship your purchase within 5 business days following receipt of full payment for item. Packages shipped internationally will have full value declared on shipping form. International buyers will be responsible for any customs fees incurred.
Please remember that the buyer is responsible for all shipping costs from Nate D. Sanders Auctions' offices in Los Angeles, CA to the buyer's door.
Successful international Bidders shall provide written shipping instructions, including specified Customs declarations, to Nate D. Sanders Auctions for any lots to be delivered outside of the United States.
Withdrawal of Lots and Postponement of Auction. Nate D. Sanders Auctions reserves the right to withdraw any lot before or at the time of the Auction, and/or to postpone the Auction of all or any lots or parts thereof, for any reason. Nate D. Sanders Auctions shall not be liable to any Bidder in the event of such withdrawal or postponement under any circumstances. Nate D. Sanders Auctions reserves the right to refuse to accept bids from anyone.
Nate D. Sanders Auctions reserves the right to postpone the Auction or any session thereof for a reasonable period of time for any reason whatsoever, and no Bidder or prospective Bidder shall have any claim as a result thereof, including consequential damages.
Reserves. Lots may be subject to a reserve which is the confidential minimum price below which the lot will not be sold. We discourage consignors from bidding on their own lots or property, and if they become the winning bidder will be required to pay BOTH the buyer's premium and the sellers commission. Nate D. Sanders Auctions may also execute bids on behalf of a consignor, owner, or the house account to protect the reserve, by entering a bid in response to absentee bids. Under no circumstances will the auctioneer place any bid on behalf of the consignor above the reserve which is never above the low estimate. Please note, bidding comes from numerous platforms, including but not limited to other internet platforms, floor bids and phone bids. If a lot does not reach the reserve, it is bought-in. In other words, it remains unsold and is returned to the Consignor.
Consigned Property. Nate D. Sanders Auctions offers lots owned by the house as well as consigned items.
We discourage consignors from bidding on their own lots or property, and if they become the winning bidder will be required to pay BOTH the buyer's and the seller's commission.
Estimates. In addition to descriptive information, each item in the Catalog sometimes includes a price range which reflects opinion as to the price expected at auction (the "Estimate Prices"). In other instances, Estimate Prices can be obtained by calling Nate D. Sanders Auctions at (310) 440-2982. The Estimate Prices are based upon various factors including prices recently paid at auction for comparable property, condition, rarity, quality, history and provenance. Estimate Prices are prepared well in advance of the sale and subject to revision. Estimates do not include the Buyer's Premium or sales tax (see under separate heading).
Failure to comply with Terms and Conditions. Failure of the Bidder to comply with any of these Conditions of Sale or the terms of the Registration Form is an event of default. In such event, Nate D. Sanders Auctions may, in addition to any other available remedies specifically including the right to hold the defaulting Bidder liable for the Purchase Price or to charge and collect from the defaulting Bidder's credit or debit accounts as provided for elsewhere herein: (a) cancel the sale, retaining any payment made by the Bidder as damages (the Bidder understands and acknowledges that Nate D. Sanders Auctions will be substantially damaged should such default occur, and that damages under sub-part (a) are necessary to compensate Nate D. Sanders Auctions for such damages); (b) resell the property without reserve at public auction or privately; (c) charge the Bidder interest on the Purchase Price at the rate of one and one-half percent (1.5%) per month or the highest allowable interest rate; (d) take any other action that Nate D. Sanders Auctions, in its sole discretion, deems necessary or appropriate to preserve and protect Nate D. Sanders Auctions' rights and remedies. Should Nate D. Sanders Auctions resell the property, the original defaulting Bidder shall be liable for the payment of any deficiency in the purchase price and all costs and expenses associated there with, including but not limited to warehousing, sales-related expenses, reasonable attorney fees and court costs, commissions, incidental damages and any other charges due hereunder which were not collected or collectable. In the event that such Bidder is the successful Bidder on more than one lot and pays less than the purchase price for the total lots purchased, Nate D. Sanders Auctions shall apply the payment received to such lot or lots that Nate D. Sanders Auctions, in its sole discretion, deems appropriate. If Nate D. Sanders Auctions does not exercise such discretion, the lots to which the payment shall be applied will be in descending order from the highest purchase price to the lowest. Any Bidder failing to comply with these Conditions of Sale shall be deemed to have granted Nate D. Sanders Auctions a security interest in, and Nate D. Sanders Auctions may retain as collateral such security for such Bidder's obligations to Nate D. Sanders Auctions, any property in Nate D. Sanders Auctions' possession owned by such Bidder.
Warranties. Nate D. Sanders Auctions does not provide any warranties to Bidders, whether expressed or implied, beyond those expressly provided in these Conditions of Sale. All property and lots are sold "as is" and "where is". By way of illustration rather than limitation, neither Nate D. Sanders Auctions nor the Consignor makes any representation or warranty, expressed or implied, as to merchantability or fitness for intended use, condition of the property (including any condition report), correctness of description, origin, measurement, quality, rarity, importance, exhibition, relevance, attribution, source, provenance, date, authorship, condition, culture, genuineness, value, or period of the property. Additionally, neither Nate D. Sanders Auctions nor the Consignor makes any representation or warranty, expressed or implied, as to whether the Bidder acquires rights in copyright or other intellectual property (including exhibition or reproduction rights) or whether the property is subject to any limitations or other rights. Nate D. Sanders Auctions does not make any representation or warranty as to title.
All descriptions, photographs, illustrations, and terminology including but not limited to words describing condition (including any condition reports requested by Bidder, see also Terminology), authorship, period, culture, source, origin, measurement, quality, rarity, provenance, importance, exhibition, and relevance, used in the online Auction Catalog, bill of sale, invoice, or anywhere else, represent a good faith effort made by Nate D. Sanders Auctions to fairly represent the lots and property offered for sale as to origin, date, condition, and other information contained therein; they are statements of opinion only. They are not representations or warranties and Bidder agrees and acknowledges that he or she shall not rely on them in determining whether or not to bid or for what price. Price estimates (which are determined well in advance of the Auction and are therefore subject to revision) and condition reports are provided solely as a convenience to Bidders and are not intended nor shall they be relied on by Bidders as statements, representations or warranties of actual value or predictions of final bid prices.
Headings are for convenience only and shall not be used to interpret the substantive sections to which they refer.
Bidders are accorded the opportunity to inspect the lots and to otherwise satisfy themselves as to the nature and sufficiency of each lot prior to bidding, and Nate D. Sanders Auctions urges Bidders to avail themselves accordingly. Bidders are encouraged to examine lots thoroughly online. Bidders may also request condition reports.
All lots sold by Nate D. Sanders Auctions are guaranteed authentic. This guarantee is valid from date of the Auction in which Bidder was awarded the lot (the "Auction Date") until one (1) year after the Auction Date, without exception. We encourage the bidder to seek third party opinions on authenticity within the one year period.
In the event that Nate D. Sanders Auctions is prevented for any reason from delivering any property to Bidder, or Bidder is otherwise dissatisfied with the performance of Nate D. Sanders Auctions, the liability, if any, of Nate D. Sanders Auctions shall be limited to, and shall not exceed the amount actually paid for the property by Bidder. In no event shall Nate D. Sanders Auctions be liable for incidental, special, indirect, exemplary or consequential damages of any kind, including but not limited to loss of profits, value of investment or opportunity cost.
Remedies. Under no circumstance will Nate D. Sanders Auctions incur liability to a Bidder in excess of the purchase price actually paid. This section sets forth the sole and exclusive remedies of Bidder in conformity with the Warranties and Limitation of Damages provisions of these Conditions of Sale, and is expressly in lieu of any other rights or remedies which might be available to Bidder by law. The Bidder hereby accepts the benefit of the Consignor's warranty of title and any other representations and warranties made by the Consignor for the Bidder's benefit. In the event that Bidder demonstrates in writing, in the sole discretion of Nate D. Sanders Auctions, that there was a breach of the Consignor's warranty of title concerning a lot purchased by Bidder, Nate D. Sanders Auctions shall make demand upon the Consignor to pay to Bidder the Purchase Price (including any premiums, taxes, or other amounts paid or due to Nate D. Sanders Auctions). Should the Consignor not pay the Purchase Price to Bidder within thirty days after such demand, Nate D. Sanders Auctions shall disclose the identity of the Consignor to Bidder and assign to Bidder all of Nate D. Sanders Auctions' rights against the Consignor with respect to such lot or property. Upon such disclosure and assignment, all responsibility and liability, if any, of Nate D. Sanders Auctions with respect to said lot or property shall automatically terminate. Nate D. Sanders Auctions shall be entitled to retain the premiums and other amounts paid to Nate D. Sanders Auctions - this remedy is as to the Consignor only. The rights and remedies provided herein are for the original Bidder only and they may not be assigned or relied upon by any transferee or assignee under any circumstances.
If Bidder wishes to challenge the authenticity of any item, Bidder must present written evidence that the lot is not authentic as determined by two disinterested, known experts in the field, agreeable to us, within a period of one year from the auction date. If Nate D. Sanders Auctions agrees that the lot is not as represented, Bidder's sole and exclusive remedy shall be a refund of their purchase price, with no other costs, liabilities or amounts recoverable. If Nate D. Sanders Auctions does not agree with the claim by Bidder, then the Parties shall follow the dispute resolution procedures of these Conditions of Sale.
Any such challenge concerning authenticity must, without any exception, be brought within one (1) year of Bidder's notice to Nate D. Sanders Auctions of Bidder's contention that the lot was not authentic.
If the description of any lot in the Catalog is materially incorrect (e.g., gross cataloging error), the lot is returnable if returned within five (5) calendar days of receipt, and received by Nate D. Sanders Auctions no later than twenty-one (21) calendar days after the Auction Date. The Bidder shall be responsible for the safe return of the lot and shall procure shipping insurance for the full purchase price. This paragraph shall constitute Bidder's sole right with respect to the return of items, and no refunds shall be given for any items not returned to and received by Nate D. Sanders Auctions. All guarantees are applicable only to original purchaser. No returns will be accepted other than on the grounds of authenticity for any item that is described as having major flaws or restoration.
NO RETURN OR REFUND OF ANY AUCTION LOT WILL BE CONSIDERED EXCEPT AS PROVIDED IN THESE CONDITIONS OF SALE.
These Conditions of Sale constitute the entire agreement between the parties together with the terms and conditions contained in the Registration Form. They may not be amended, modified or superseded except in a signed writing executed by all parties. No oral or written statement by anyone employed by Nate D. Sanders Auctions or acting as agent or representative of Nate D. Sanders Auctions may amend, modify, waive or supersede the terms herein unless such amendment, waiver or modification is contained in a writing signed by all parties.
If any section of these Conditions of Sale or any term or provision of any section is held to be invalid, void, or unenforceable by any court of competent jurisdiction, the remaining sections or terms and provisions of a section shall continue in full force and effect without being impaired or invalidated in any way.
The Parties agree that any agreements between the Parties including but not limited to these Conditions of Sale are entered into in Los Angeles, California, no matter where Bidder is situated and no matter by what means or where Bidder was informed of the Auction and regardless of whether catalogs, materials, or other communications were received by Bidder in another location.
The Parties agree that these Conditions of Sale, and any other related agreement(s) are governed by the laws of the State of California, without regard for its conflict of laws principles. The Parties agree that any dispute related to or arising out of these Conditions of Sale, or related to or arising out of any other related agreement(s) shall be submitted to confidential binding arbitration (the "Arbitration") before a single Arbitrator of the American Arbitration Association (the "AAA"). The Parties agree that the Arbitration shall be conducted pursuant to the commercial rules of the AAA. In the event that the Parties cannot agree on the selection of the Arbitrator, then the Arbitrator shall be selected by the AAA. The prevailing Party in the Arbitration shall be entitled to recover all of its related costs, whether before or after the formal institution of the Arbitration, including but not limited to its reasonable attorneys' fees and, if Nate D. Sanders Auctions prevails, the Buyer's Premium as defined in these Conditions of Sale. The Parties agree that Bidder shall have no right to recover consequential or indirect damages, or lost profits damages.
The Parties consent to the enforcement of the decision in the Arbitration pursuant to the Federal Arbitration Act in either the courts of the State of California or the United States District Court for the District Los Angeles.
Except as provided in Bidder's Remedies with regard to the Certification of Authenticity, any dispute, claim, cause of action related to or arising out of these Conditions of Sale or any other agreement(s) between the Parties must be brought within one (1) year of the acts, omissions or circumstances giving rise to the alleged claim, without exceptions. This provision is intended as a full, complete and absolute release of any claims after one (1) year of such acts, omissions or circumstances. The Parties agree further that these waiver provisions are intended to be binding on all parties in the event of any dispute, specifically including but not limited to third party claims and cross-actions brought by either Nate D. Sanders Auctions or Bidder. These provisions are consideration for the execution of these Conditions of Sale.
The Bidder hereby agrees that Nate D. Sanders Auctions shall be entitled to present these Conditions of Sale to a court in any jurisdiction other than set forth in this paragraph as conclusive evidence of the Parties' agreement, and the Parties further agree that the court shall immediately dismiss any action filed in such jurisdiction.
Notwithstanding the foregoing, Nate D. Sanders Auctions may, in its sole discretion, enforce its rights pursuant to these Conditions of Sale in the courts of the State of Connecticut or the United States District Court for the District of California rather than in an Arbitration related to or arising out of any Auction of an item sold for less than $10,000. This right shall relate to the individual item price, such that Nate D. Sanders Auctions may, in its sole discretion, enforce its rights pursuant to these Conditions of Sale in the courts of the State of California or the United States District Court for the District of California rather than in an Arbitration for items that in the aggregate exceed $10,000. The prevailing Party in such a proceeding shall be entitled to recover all of its related costs, whether before or after the formal institution of the proceeding, including but not limited to its reasonable attorneys' fees and, if Nate D. Sanders Auctions prevails, the Buyer's Premium as defined in these Conditions of Sale. This right of enforcement is unique to Nate D. Sanders Auctions, and these Conditions of Sale are a waiver by the Bidder of any right to enforcement or adjudication outside of an Arbitration.
Under no circumstances is any employee, agent or representative of Nate D. Sanders Auctions authorized by Nate D. Sanders Auctions to modify, amend, waive or contradict any of these Conditions of Sale, any term or condition set forth on a registration form, any warranty or limitation or exclusion of warranty, any term or condition in either the Registration Form or these Terms and Conditions regarding payment requirements, including but not limited to due date, manner of payment, and what constitutes payment in full, or any other term or condition contained in any documents issued by Nate D. Sanders Auctions unless such modification, amendment, waiver or contradiction is contained in a writing signed by all parties. Any statements, oral or written, made by employees, agents or representatives of Nate D. Sanders Auctions to Bidder, including statements regarding specific lots, even if such employee, agent or representative represents that such statement is authorized, unless reduced to a writing signed by all parties, are statements of personal opinion only and are not binding on Nate D. Sanders Auctions, and under no circumstances shall be relied upon by Bidder as a statement, representation or warranty of Nate D. Sanders Auctions.
Agreements. Agreements between Bidders and Consignors to effectuate a non-sale of an item at Auction, inhibit bidding on a consigned item to enter into a private sale agreement for said item, or to utilize Nate D. Sanders Auctions' Auction to obtain sales for non-selling consigned items subsequent to the Auction, are strictly prohibited. If a subsequent sale of a previously consigned item occurs in violation of this provision, Nate D. Sanders Auctions reserves the right to charge Bidder the applicable Buyer's Premium and Consignor a Seller's Commission as determined for each auction venue and by the terms of the seller's agreement.
Acceptance of these Terms and Conditions qualifies Bidder as a client who has consented to be contacted by Nate D. Sanders Auctions in the future. In conformity with "do-not-call" regulations promulgated by the Federal or State regulatory agencies, participation by the Bidder is affirmative consent to being contacted at the phone number shown in his application and this consent shall remain in effect until it is revoked in writing. Nate D. Sanders Auctions may from time to time contact Bidder concerning sale, purchase, and auction opportunities available.
Rules of Construction: Nate D. Sanders Auctions presents properties in a number of collectible fields, and as such, specific venues have promulgated supplemental Terms and Conditions. Nothing herein shall be construed to waive the general Conditions of Sale by these additional rules and shall be construed to give force and effect to the rules in their entirety.