NOT SOLD (BIDDING OVER)
0.00USD+ applicable fees & taxes.
This item WAS NOT SOLD. Auction date was 2024 Jun 15 @ 11:00UTC-05:00 : EST/CDT
Carl Kauba rare antique circa 1900's bronze sculpture of "CHIEF SHOT IN THE EYE". The casting is remarkable for the open air between his limbs and headdress. The long tobacco bag hangs freely with the tiny, beaded pattern visible. Headdress feathers have the center veil and diagonal strands delineated. 7 1/2" Tall.
Auction Location:
13603 S Indian River Dr, Jensen Beach, Florida, 34957, United States
Buyer's Premiums:
| From (Incl.) | To (Excl.) | Premium |
| 0.00 |
Infinite |
18% |
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TERMS & amp; CONDITIONS
PAYMENT AND BIDDER AGREEMENT
SHIPPING AVAILABLE FOR ALL ITEMS
The following, as amended from time to time, including by any posted notices or announcements
during the sale, constitutes the entire terms and conditions, subject to any terms and
conditions of, on which lots listed in the online catalog shall be offered for sale or sold by
Turquoise Mountain Auctions LLC, (the ?Seller?).
IMPORTANT: READ THIS CONTRACT BEFORE CONTINUING
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? & amp; amp; amp; nbsp; Placing a Bid. BIDS CANNOT BE WITHDRAWN. Bids made in error or by
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has the discretion to withdraw a lot from auction at any time prior to accepting a winning
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? & amp; amp; amp; nbsp; Winning Bid. Seller determines the winning bidder in Seller?s sole
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? & amp; amp; amp; nbsp; IN CASE OF ERROR: In case of an error by Seller or the auctioneer,
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intentional interference with Seller?s business relationships, which would irreparably harm
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temporary, preliminary, and injunctive relief, without bond, in addition to damages, costs,
and attorney fees, in any court of competent jurisdiction and without waiving Seller?s right
to compel arbitration. This provision shall not be construed to prevent you from communicating
with legal counsel, commencing legal proceedings consistent with this Contract, or providing
information to a government agency.
4. DISPUTES
IN ANY DISPUTE WITH SELLER, YOU WAIVE THE RIGHT TO A JURY TRIAL. YOU ALSO WAIVE THE RIGHT TO
PARTICIPATE IN ANY PROCEEDING AGAINST SELLER AS A MEMBER OR REPRESENTATIVE OF A CLASS,
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WOULD EXCEED THE COST OF ARBITRATION OF A SINGLE MEMBER?S CLAIM.
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Seller will make a determination about your dispute within thirty (30) days based on the
information you provide. If you do not accept Seller?s decision, you must email that same
address to demand arbitration within thirty (30) days after the Seller?s decision. Your demand
must explain in detail why Seller?s determination is unsatisfactory and must clearly describe
the amount or resolution that you demand. Any dispute you bring against Seller, or which
Seller submits to arbitration, must be resolved by binding arbitration before an impartial
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of outcome, Seller may enforce these liquidated damages in any court of competent
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Attempting to use a chargeback dispute to avoid your contract obligations or allocation of
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PROCEDURES OR LIQUIDATED DAMAGES.
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OR SERVICES, YOU AGREE TO THE MOST CURRENT VERSION OF THIS CONTRACT.
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required to comply with applicable law, or ? if modification is not possible ? the
unenforceable language will be deleted. This Contract, as altered, shall continue in full
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services, owe any amount to Seller, or assert any claim or defense against Seller. No
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right of Seller to accrue and recover payment of any amount shall expire.
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customerservice@turquoisemountainauctions.com.& amp; amp; amp; nbsp;
You will still receive invoices, notices, and other communications about your purchases and
contracts with us.
Please note that Seller?s auctions may be hosted by an online auction house that has its own
website terms and conditions and privacy and security policies. You should review such auction
house agreements in addition to your contract with the Seller. You acknowledge that Seller is
not responsible for any server, registrar, application, service, or other third party product
or service on which Seller?s url?s, domains, website, pages, widgets, applications, auctions,
payment processing, and other available services are hosted. Seller is not responsible for any
virus, malicious code, malware, spyware, adware, or other harmful or undesirable content or
components.
Seller may provide links that allow you to access third party websites, applications, or
services. Those are not under the control of Seller, and Seller is not responsible for the
contents of any linked site or any link contained in a linked site, or any changes or updates
to such sites. Seller provides these links only as a convenience, and the inclusion of any
link does not imply endorsement by Seller of the site.
When you click on advertiser banners, sponsor links, or other external links, your browser
automatically may direct you to another Website that is not hosted or controlled by Seller or
the Auction House. Seller is not responsible for the content, functionality, or technological
safety of any external Website. You acknowledge and agree that your use of these linked
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and such linked Websites may be subject to different privacy practices that those set forth in
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Although Seller is under no obligation to do so, Seller reserves the right to disable Website
links to or from third-party Websites. This right to disable links includes links to or from
advertisers, sponsors, and partners.
7. INTELLECTUAL PROPERTY
You agree to be strictly prohibited from copying, replicating, or imitating any aspect of the
listings, text, photos, videos, webpages, design, color schemes, logos, trade dress,
trademarks, service marks, names, phone numbers, domains, url?s, copyrights or works of
authorship, or other property (altogether, ?Intellectual Property?) of Seller, consignor,
Auction House, or any other person. You also agree that the Intellectual Property includes all
notes, copies, compilations, modifications, developments, derivatives, and creations made, in
whole or in part, by you or any other natural or legal person or agency, with use of or
reference to the Intellectual Property. You agree that as between you and Seller, the Seller
owns all right, title, and interest, including all registrations and renewals, in the
Intellectual Property. Furthermore, you agree to execute all documents necessary to evidence
said ownership or to effectuate a transfer or assignment of the Intellectual Property to
Seller or Seller?s designee.
You agree that if you breach or threaten to breach this provision the Seller would be
irreparably harmed and have no adequate remedy at law, such that the Seller would be entitled
to temporary, preliminary, and permanent injunctive relief without requirement of bond,
cumulative with and without waiving any other remedies. Furthermore, Seller will be entitled
to seek injunctive relief in any court of competent jurisdiction, without waiving Seller?s
right to compel arbitration.
If you believe that any information published online by Seller infringes on your copyright,
you should notify Company of your claim in accordance with the following procedures. Company
will process notices of alleged infringement in accordance with the Digital Millennium
Copyright Act (?DMCA?) and other applicable copyright laws. The DMCA requires that
notification of claimed infringement be in writing and provided to Company?s designated agent
of service:
Michael Soutar.
13603 S Indian River Dr
Jensen Beach, Florida 34957
To be effective, the notice of infringement must contain the following information: (1) a
physical or electronic signature of a person authorized to act on behalf of the owner of an
exclusive right that is allegedly infringed; (2) identification of the copyrighted work
claimed to have been infringed, or, if multiple copyrighted works at a single online site are
covered by a single notification, a representative list of such works at that site; (3)
identification of the material that is claimed to be infringing or to be the subject of
infringing activity and that is to be removed or access to which is to be disabled, and
information reasonably sufficient to permit the service provider to locate the material; (4)
information reasonably sufficient to permit the service provider to contact the complaining
party, such as an address, telephone number, and, if available, an electronic mail address at
which the complaining party may be contacted; (5) a statement that the complaining party has a
good faith belief that use of the material in the manner complained of is not authorized by
the copyright owner, its agent, or the law; and (6) a statement that the information in the
notification is accurate, and under penalty of perjury, that the complaining party is
authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
8. MEMORANDUM OF SALE
Your placement of any bid on a Lot is an irrevocable offer to purchase the Lot at your highest
bid on that Lot. If Seller accepts your bid as the winning bid, a Memorandum of Sale shall be
deemed, as follows:
? & amp; amp; amp; nbsp; Our electronic record of your account registration is incorporated
into the Memorandum of Sale as the name(s) and address(es) of the purchaser(s). All accounts
registered to an entity include, as a party to this Memorandum of Sale, all natural persons
listed in the account registration and/or placing a bid using the account. If an account does
not list a natural person, the natural person who created the account shall nevertheless be a
party. Each party is jointly and severally liable.
? & amp; amp; amp; nbsp; The name of the Seller is Turquoise Mountain Auctions LLC. A
reference to the Seller includes the company, its representatives, officers, directors,
stockholders, members, managers, employees, consultants, agents, and affiliates.
? & amp; amp; amp; nbsp; The lot descriptions and photographs displayed with our listing are
incorporated into the Memorandum of Sale as the description of property sold (the Lot),
subject to the Disclaimer and Limitation of Liability.
? & amp; amp; amp; nbsp; The Purchase Price is equal to (i) the winning bid, as shown by our
electronic record; (ii) a non-refundable buyer?s premium of eighteen percent (18%) of the
winning bid; (iii) a 4% processing fee for all credit cards; (iv) flat-rate FedEx or USPS
shipping, insurance, handling, and signature fees; and (v) any applicable taxes, levies,
duties, or other such fees (you must provide prompt certification of any resale or other
exemption from tax). The Purchase Price is incorporated into the Memorandum of Sale as its
statement of price.
? & amp; amp; amp; nbsp; Our electronic record of your highest bid on the Lot is incorporated
into the Memorandum of Sale as the statement of price.
? & amp; amp; amp; nbsp; Our terms of credit are as follows: All invoices are due within ten
(10) days of the invoice date, even if subsequently reduced. All liabilities are due within
ten (10) days of their inc urrence, whether or not invoiced. Any unpaid invoice or liability
may be submitted to collections sixty (60) days after its date and/or for legal action one-
hundred twenty (120) days after its date. You are liable attorney fees for collection,
litigation, arbitration, or appeal, and all other fees, costs, and expenses of collections,
litigation, arbitration, or appeal. All invoices and liabilities shall accrue interest at the
rate of 1.5% per month after their due date (or the maximum statutory rate, if the maximum
rate allowed by statute is less).
? & amp; amp; amp; nbsp; The terms and conditions of the Contract are incorporated into the
Memorandum of Sale. In cases of conflict, any special terms and conditions of listing, and
then our Contract, and then this Memorandum of Sale, shall control. Without limitation, the
following apply:
Buyer agrees Seller has no obligation to ship the Lot to you in the event of nonpayment or a
chargeback dispute. Shipping typically occurs within fifteen days after Seller?s receipt of
payment, but Seller is not liable to you for delays beyond Seller?s control.
If you fail to pay your invoice when due, initiate a chargeback, or request permission to
return the Lot, Seller may (a) obtain specific performance of your obligation to purchase the
Lot and/or refuse any request to return; or (b) cancel your bid and obtain from you liquidated
damages of forty percent (40%) of your winning bid.
You agree that liquidated damages cover restocking, the buyer?s premium, shipping and
handling, processing fees, relisting, storage, auction costs and losses, and other damages.
You agree that such amount is not a penalty but is a reasonable estimate of damages to avoid
the inconvenience and difficulty of Seller obtaining an adequate remedy.
We generally accept bank wire transfers, personal or company check, cashier?s check, money
order, Visa, MasterCard, Discover and American Express. For items purchased online, you will
be emailed an invoice within 24 hours after the auction. This email provides a link that
allows you to pay immediately and securely online. It is your responsibility to contact Seller
at (772) 418-9609 or email Seller at customerservice@turquoisemountainauctions.com if you are
unable to pay through our online check-out system. If paying by check, money order, or
cashier?s check, Seller reserves the right to hold all purchases until the check has cleared
to the satisfaction of Seller and its bank. In some cases, Seller may decline the method of
payment elected by you and require a different or specific form of payment.
All sales are final and as-is. You acknowledge that Seller has provided adequate opportunity
for you to inspect the Lot and that you have not relied on any representations or warranties
made by or on behalf of Seller. You hereby indemnify and hold harmless Seller and assume for
yourself the entire risk of losses, damages, demands, and/or legal proceedings that may in any
way arise from or relate to: (a) any error or omission in any listing, description,
photograph, appraisal, estimate, evaluation, representation, or warranty of or about the Lot
that may be provided to you by Seller or any other person; (b) your purchase, resale, gift, or
other use or disposition of the Lot; and/or (c) any products liability or defects, latent or
otherwise, or the physical condition of any items or lots purchased or any law, regulation or
standard applicable thereto.
All risk of loss from fire, theft, storage, removal, shipping, or any other cause passes from
Seller to the winning bidder upon the fall of the hammer (or expiration of time in an online
auction). It is your responsibility to purchase insurance against the risk of loss while your
lot is in Seller?s possession, during shipment, or otherwise. In the event that Seller is
nevertheless found liable to you for any damage, loss, or failure to deliver, Seller?s
liability shall be limited to a refund of amounts actually paid by you to Seller for the
item(s) lost, damaged, or not delivered.
? Our electronic record of the placement of your winning bid constitutes your execution
of the Memorandum of Sale.
? The date on which your bid is accepted as the winning bid shall be incorporated into the
Memorandum of Sale as its effective date.
? Seller may enforce your payment obligations in any court of competent jurisdiction or in
arbitration, at Seller?s sole discretion, in addition to any other remedies available to
Seller.
? & amp; amp; lt; /span& gt;You must initiate disputes only as provided in the Contract section
entitled ?DISPUTES, ? by providing Seller notice and opportunity to resolve, and by submitting
to arbitration. If you initiate an unauthorized chargeback dispute, you will be liable for
$5,000 in liquidated damages for costs, attorney fees, and other expenses associated with the
dispute, and may be liable for other civil and criminal penalties, as well as enforcement of
your obligations and all other remedies available to Seller. IF YOU BELIEVE YOU ARE THE VICTIM
OF CREDIT CARD FRAUD, CONTACT SELLER IMMEDIATELY.