Auction Date:2018 Dec 05 @ 18:00 (UTC-5 : EST/CDT)
Location:236 Commercial St., Suite 100, Boston, Massachusetts, 02109, United States
ALS - Autograph Letter Signed
ANS - Autograph Note Signed
AQS - Autograph Quotation Signed
AMQS - Autograph Musical Quotation Signed
DS - Document Signed
FDC - First Day Cover
Inscribed - “Personalized”
ISP - Inscribed Signed Photograph
LS - Letter Signed
SP - Signed Photograph
TLS - Typed Letter Signed
Remarkable archive of 16 handwritten letters from Major William C. Shaw, a soldier in Company B of the 38th Indiana Regiment, dated between October 1861 and March 1865. The letters amount to 70 pages, with Shaw writing to various family members, the majority addressed to his father. Shaw rose from the rank of sergeant to major, and his regiment fought under General Sherman from Tennessee through Georgia and into the Carolinas. Most significantly, Shaw offers several exciting and harrowing accounts of skirmishes and heavier confrontations with the Confederacy.
Among the family members that Shaw writes to is his cousin James A. Wilson, the recipient of a trio of fantastically detailed letters, the most impressive of which recounts Shaw’s first full-scale assault at the Battle of Stones River; the 8-page letter, penned on February 21, 1863, at a camp near Murfreesboro, in part: “We laid here until darkness brought a cessation of hostilities but we were required to lay on the wet ground without any fires and no blankets…and we could hear the wounded moaning & crying and entreating for somebody to come and take them away for they were freezing to death…[the Rebels] did not appear to care about us seeing them for they built fires in the woods & we could see them standing around but when they would hear a gun discharge they would scatter…at daybreak the cannons commenced their terrible barking again and we were taken to the front again—double quick where we were placed in a sassafras thicket.”
Highlights from the collection:
October 17, 1861, from Camp Nevin in Kentucky: “I have got into the Telegraph Office here now. I came over from the 38 Regt yesterday morning & went to work. The General (McCook) says that I shall still hold my position in the Co. yet I do not know how long my engagement will last but I think it will be a good while. I worked two days & a half on the wire from the Rail Road to head quarters.”
November 14, 1861, again from Camp Nevin: “The reason that I left Head Quarters was that the Brigade Surgeon thought that he could order me around just as he pleased. I stayed over there just twenty seven…days & I will get for it Ten dollars & Eighty Cents…I will send it home the first chance I get. We get for our meals Flour & boiled meats, we mix up the flour in water & then bake it in frying pans with a little grease…Where we are now we have to go about a mile for water…We have got Enfield Rifles now they are lighter than the musket.”
March 8, 1862, written from “Camp Andy Johnson, 3 miles South of Nashville,” in part: “You ought to have seen us moving from where we bivouacked the other night to the present camp. Every man in the Regt had about four or five bundles of fodder on his back, and you could not see any of the men, nothing but fodder. Since we have been in Tennessee we have had three or four awful cold days. As we were marching through Nashville the people came to their doors and windows and looked as sour as vinegar.”
November 22, 1862, written from “Camp Edgefield Junction” in Tennessee, another lengthy and detailed letter to his cousin: “I think that I wrote you a letter since the battle but you may bet that I never want to get into another one for it was awful…for a while & you may know if I ever prayed I did then for I thought I would drop every second but as the Lord would have it I was spared when we retired from our first line of Battle.”
December 7, 1862, written at Camp Negley near Nashville: “On yesterday the 6th we got ordered to move into another Brigade, we are in the Pa Brigade now. The choice was given for the best regiment in the 2nd Brigade.”
January 18, 1863, from a “Camp Near Murfreesboro” in Tennessee: “We had a very hard scout here the other day we started from camp on a scout with three days rations & we went to Versailles a distance of 12 ½ miles passing through Salem…The object of our going there was to head off a Brigade of Rebel Cavalry that was supposed to be coming that way. We stayed three days and rained all the time…on the night of the first days fight in front Murfreesboro we had to lay on a wet cornfield all night & let the rebels fire at us but we were not allowed to return the fire for we wanted them to advance out of the…woods…but they did not come so there we laid all night without a bit of fire out there. I got my feet frost bit…The boys here do not feel like they have anything to fight for now, for they think that they are fighting to free the Negroes.”
January 28, 1863, camp near Murfreesboro: “We were out with a foraging or rather a supply train to Nashville we started from here on the evening of the 22nd & got across Stone River & camped on the Battle Ground where Rebel Washington battery was planted during the fight it is awful to see the destruction that has been done from here to Nashville of the pike all around Laverne the rebel Cavalry burn our trains, in some instances they burnt the mules up along with the wagons alive & there is about five hundred horses laying along the pike that were killed in Cavalry Charges.”
February 13, 1863, at Murfreesboro: “Lieut Lenan is going home tomorrow morning for the purpose of catching some deserters of our Co., but I don’t believe he will bring them back.”
June 10, 1863, at Murfreesboro: “We are afraid here that Grant will have to give up his siege and go somewhere else for fear of ‘Joe Johnson.’ Further time will tell its own tale…It is reported in camp this evening that Vicksburg is ours with 35,000 prisoners & guns plenty of them a Lieut of Co. K of our regt. Got it from one of general Rosecrans Staff Officers.”
July 8, 1863, written at “camp 2 Miles from Dechard” in Tennessee: “We started from Murfreesboro on the morning of the 24th…but in the course of a half hour the rebels began to shoot at one of our Batteries on a hill in front of us and their balls would overshoot and light in among us, one ball, a shell I think, lit in the left of our regt & the right of the 2nd Ohio wounding two men…Early the next morning…we marched boldly in the face of the Rebels and the Regt was halted in a gulley…We skirmished with the Rebs for about an hour…We charged over a large wheat field and then over a large hill but while we charged the Rebs lit out to the rear so there were no men hurt on our side. After we had made our charge we halted and watched our left. Genl Negley advance, for from where we were we could see two miles to our left. I think it was the finest thing I have seen since I have been in the Service.”
July 19, 1864, written from the “2nd Line of battle 4 miles from Atlanta, Ga.,” in part: “We did move the river at a bridge two or three miles above RR Bridge the rebel skirmishes were not away from the bank of the river an hour before our Engineers had a pontoon bridge over and the 2nd Division (Davis’s) crossing, we advanced four miles yesterday evening, we are now within a quarter of a mile from the rebel’s breast works…We expect to be in Atlanta in less than a week.” Shaw implores his sister to write to him more often, before continuing: “There is some very hard fighting upon the left of us about a half mile it is Genl. [Absalom] Baird’s Division the 3rd of the 14th corps advancing and finding out the Rebels position. We will have our lines formed in a few days and then Genl. Sherman will go to trying his plan of fighting…Tell every body that know me that I am well and near Atlanta, Ga.”
September 3, 1864, written in pencil from “Jonesboro, Ga.,” in part: “I cannot control my feelings as I write it was only through the protection of my heavenly Father that I escaped…the order came for the 38th to go we got outside of the front line of works & sent 3 companies out as skirmishers and started for the rebel works, 75 yards in the dense woods. The rebels has cut all of the brush down and plaited it together but we climbed over it and drove & took the rebels right out of their works—we then chased them and crossed the Rail Road & fought for a half hour but having no support upon either flank we had to give them up we lost in the eight killed & twenty eight wounded…The Army of the Tennessee are following the rebel army now part of our Corps started back to Atlanta tonight with some 1,500 prisoners a part of the 9th Ky was taken some of the Duckwall boys from Louisville are among the prisoners.” The charge of the 38th Indiana broke the Confederate defense of Atlanta and led to Sherman’s capture of the city the next day.
September 19, 1864, an eight-page letter from Atlanta, consisting of a package request, his plans for the future, and how his faith aids his war-time experience and mentality: “O how much joy & consolation for me while in battle; upon the march or while in camp—is the remembrance of apart at least of my stay at home to think what pleasant associations I firmed and of the happy moments & how we passed together in praising & singing Gods most holy words—God grant through the prayers of my Brothers & Sisters & friends that I may go through the trials that I am called upon to pass & eventually when through with these present privations may be permitted to return home…Do you all have the same confidence in my Heavenly father that I do—do you trust in him—do you think that he watches & protects me in the hour of battle?”
December 18, 1864, written “In line of Battle near Savannah, Ga.,” addressed to his entire family, in part: “I bought myself an overcoat at Atlanta before leaving…I would not have missed this campaign for a great deal, for we passed through some nice towns upon the route and then saw such nice country and then we had no fighting to do only an occasional skirmish with the rebel cavalry, having only a few persons hurt…I am going to try and go to New York and get an outfit, it may be that I will go there and have you send me my things from home, but I cannot go until Savannah is taken…I have kept a Diary of events upon this campaign and when I get it full I will send it home for the gratification of the home folks for at times I have let my mind out very freely and it would not suit for every body to read it.”
March 26, 1865, from Goldsboro, North Carolina, an eight-page letter to his cousin, in part: “I will again assume the grateful privilege thus afforded me to write you a few lines…and to assure you that I am still upon praying ground devoid of harm—for the Rebels labored in vain. But I must admit that they pushed me a little upon the 19th of this month…we left bivouac & we were 26 miles from Goldsboro & intended going there that day. After marching about five miles, our front was disputed and the Brigade Mounted Foragers ‘Dog Robbers’ & ‘Bummers’ were ordered to drive the Rebels but could not when the 1st Brigade was thrown into line and pushed forward over the field to attack the barricade across the road behind which were the Rebs…Up went the 1st Brig onto the works and away pell-mell went the rebels 300 cavalry—the brig following them ½ miles when Boom! boom! boom! went some artillery in front.” Shaw details the various positions and counter-movements of the Confederate troops, mentions an ill-fated reconnaissance that resulted in tragedy for the 38th and the 79th regiments, and then touches upon his own near-death experience: “When the column fell back I ordered the skirmishers to retire a piece and just as I turned back spat! a ball took me upon the right shoulder just barely hitting the shoulder bone—then I threw my hand with the exclamation Oh! I am wounded! But could find no hole in my coat nor any blood but felt considerable pain, then I could not use my right arm, so I placed myself down behind a tree to rusticate a while. The men in the mean time insisting that I should go to the rear but I was determined to stay and see it out.”
Also includes an unsigned handwritten nine-page account of a visit to the Jonesboro Battlefield and Andersonville Prison, dated March 11, 1874; and a 5-page handwritten draft for an 1895 speech on the death of General Walter Q. Gresham. In 1874, Shaw undertook a journey to the Jonesboro Battlefield and Andersonville Prison in order to identify the graves of his fallen men. His remarkable account reads, in part: “I was soon on the spot, where 9 1/2 years ago, I stood contending for our rights and at the point of the bayonet, giving the Rebels theirs—From the stump of a chestnut tree I took a ball, with a piece of the wood attached, which was fired at me during the latter part of the engagement. From the spots where Lieut. Adam Osborne of Co. ‘A’, and Corpl. Whittaker of Co. ‘K’ were killed, and Maj. Carter, Capts. Jenkins & Penny were wounded, I brought away with me some sprigs of pine…The appearance of the battlefield has changed very little, and it took very little stretch of the imagination to people the fields and works and fight the battle over again.” He then describes going to the Andersonville cemetery, where he conducted a “search among the 13,710 graves for the 38th dead,” recording eleven gravesites of fallen members of the 38th Indiana. After describing the grounds of the cemetery, he discusses his arrival at Andersonville Prison's gates: “Entering the Grounds through the natural gateway, I found myself upon and overlooking a spot, which, if it had tongue to tell, could recount tales which would pall even the sufferings of the occupants of the Black Hole of Calcutta…Imagine a field as large as nine of New Albany’s business blocks…enclosed by palisades of rough hewn pine logs…Imagine, if you can, how great must have been the suffering of the 35,000 to 40,000 soldiers in this plain, with no shelter by day or night, but the houses of dirt they dug in the ground…from one hundred and seventy five to two hundred died daily.”
In overall very good to fine condition. William C. Shaw (1844–1922) was mustered into service as a 17-year-old sergeant in the 38th Indiana on September 18, 1861. At the start of the Civil War he served as a telegraph operator at Russeville, Kentucky, and later earned a promotion of Second Lieutenant on September 1, 1864, the very date Gen. Henry W. Slocum evacuated Atlanta, making way for the occupation of Union troops a day later and setting the stage for Sherman's March to the Sea. Shaw was also commissioned First Lieutenant on September 4, 1864, as Captain on November 4, 1864, and finally as Major on June 8, 1865. At the close of the war, the 21-year-old Shaw was detailed by Colonel D. H. Patton to write a history of the Thirty-eighth Indiana, which was later published by General A. D. Streight in 1866.
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Bidding by telephone, facsimile, online, or absentee bidding (advance written bids submitted by mail) are offered solely as a convenience and permitted subject to advance arrangements, availability, and RR Auction’s approval which shall be exercised at RR Auction’s sole discretion. Neither RR Auction nor its agents or employees shall be held liable for the failure to execute bids or for errors relating to any transmission or execution thereof. In order to be considered for off-site bidding in any manner, Bidders must comply with all of these Conditions of Sale and the terms contained on the Registration Form.
RR Auction’s Remedies:
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, RR Auction 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 RR Auction will be substantially damaged should such default occur, and that damages under sub-part (a) are necessary to compensate RR Auction 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 RR Auction, in its sole discretion, deems necessary or appropriate to preserve and protect RR Auction’s rights and remedies. Should RR Auction 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, RR Auction shall apply the payment received to such lot or lots that RR Auction, in its sole discretion, deems appropriate. If RR Auction 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 RR Auction a security interest in, and RR Auction may retain as collateral such security for such Bidder’s obligations to RR Auction, any property in RR Auction’s possession owned by such Bidder. RR Auction shall have the benefit of all rights of a secured party under the Uniform Commercial Code (U.C.C.) as adopted by the Commonwealth of Massachusetts.
Warranties:
RR Auction 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 RR Auction 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 RR Auction 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. RR Auction 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 Catalog, bill of sale, invoice, or anywhere else, represent a good faith effort made by RR Auction 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.
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 RR Auction urges Bidders to avail themselves accordingly.
All lots sold by RR Auction are accompanied by an Auction Certificate (“AC”). On any lot presented with an AC issued by RR Auction, the certification is only as to its attribution to the person or entity described or to the lot’s usage and only as explicitly stated therein (the “Certification of Authenticity”), to the exclusion of any other warranties, express or implied, including but not limited to those pursuant to the Uniform Commercial Code. The Certification of Authenticity inures only to the original Bidder (as shown in RR Auction’s records). Bidder may not transfer, assign, or otherwise convey the Certification of Authenticity, and such purported transfer, assignment, or conveyance shall be null and void. The Certification of Authenticity is valid from date of the Auction in which Bidder was awarded the lot (the “Auction Date”) until five (5) years after the Auction Date, without exception.
FIREARMS.
RR Auction complies with all Federal and State rules and regulations relating to the purchasing, registration and shipping of firearms. A Bidder is required to provide appropriate documents and the payment of associated fees, if any. Bidder is responsible for providing a shipping address that is suitable for the receipt of a firearm.
Limitation of Damages:
In the event that RR Auction is prevented for any reason from delivering any property to Bidder, or Bidder is otherwise dissatisfied with the performance of RR Auction, the liability, if any, of RR Auction, shall be limited to, and shall not exceed, the amount actually paid for the property by Bidder. In no event shall RR Auction 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.
Unauthorized Statements:
Under no circumstances is any employee, agent or representative of RR Auction authorized by RR Auction 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 RR Auction 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 RR Auction 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 RR Auction, and under no circumstances shall be relied upon by Bidder as a statement, representation or warranty of RR Auction.
Bidder’s Remedies:
Under no circumstance will RR Auction 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 RR Auction, that there was a breach of the Consignor’s warranty of title concerning a lot purchased by Bidder, RR Auction shall make demand upon the Consignor to pay to Bidder the Purchase Price (including any premiums, taxes, or other amounts paid or due to RR Auction). Should the Consignor not pay the Purchase Price to Bidder within thirty days after such demand, RR Auction shall disclose the identity of the Consignor to Bidder and assign to Bidder all of RR Auction’s rights against the Consignor with respect to such lot or property. Upon such disclosure and assignment, all responsibility and liability, if any, of RR Auction with respect to said lot or property shall automatically terminate. RR Auction shall be entitled to retain the premiums and other amounts paid to RR Auction - 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 AC within the period of the Certification of Authenticity, Bidder must present written evidence that the lot is not authentic as determined by a known expert in the field. If RR Auction 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 RR Auction 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 an AC or Certification of Authenticity must, without any exception, be brought within one (1) year of Bidder’s notice to RR Auction of Bidder’s contention that the lot was not authentic, or six (6) years from the Auction Date, whichever is sooner.
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 RR Auction no later than twenty-one (21) calendar days after the Auction Date. If there is any discrepancy between the description in the Catalog and the AC, then the description in the AC shall control. 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 RR Auction.
NO RETURN OR REFUND OF ANY AUCTION LOT WILL BE CONSIDERED EXCEPT AS PROVIDED IN THESE CONDITIONS OF SALE.
RR Auction’s Additional Services:
For Bidders who do not remove purchased property from RR Auction’s premises, RR Auction, in its sole discretion and solely as a service and accommodation to Bidders, may arrange to have purchased lots packed, insured and forwarded at the sole request, expense, and risk of Bidder. RR Auction assumes no and disclaims all responsibility and liability for acts or omissions in such packing or shipping by RR Auction or other packers and carriers, whether or not recommended by RR Auction. RR Auction assumes no and disclaims all responsibility and liability for damage to frames, glass or other breakable items. Where RR Auction arranges and bills for such services via invoice, RR Auction will include an administration charge.
Headings:
Headings are for convenience only and shall not be used to interpret the substantive sections to which they refer.
Entire Agreement:
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 RR Auction or acting as agent or representative of RR Auction 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.
Governing Law and Enforcement
The Parties agree that any agreements between the Parties including but not limited to these Conditions of Sale are entered into in Boston, Massachusetts, 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 Commonwealth of Massachusetts, 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 RR Auction 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 Commonwealth of Massachusetts or the United States District Court for the District of Massachusetts.
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 RR Auction or Bidder. These provisions are consideration for the execution of these Conditions of Sale.
The Bidder hereby agrees that RR Auction 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, RR Auction may, in its sole discretion, enforce its rights pursuant to these Conditions of Sale in the courts of the Commonwealth of Massachusetts or the United States District Court for the District of Massachusetts 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 RR Auction may, in its sole discretion, enforce its rights pursuant to these Conditions of Sale in the courts of the Commonwealth of Massachusetts or the United States District Court for the District of Massachusetts 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 RR Auction prevails, the Buyer’s Premium as defined in these Conditions of Sale. This right of enforcement is unique to RR Auction, and these Conditions of Sale are a waiver by the Bidder of any right to enforcement or adjudication outside of an Arbitration.
CONDUCT OF AUCTION
Estimate Prices:
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 RR Auction at (603) 732-4280. 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).
Owned or Guaranteed Property:
RR Auction generally offers property consigned by others for sale at public auction; in very limited occasion, lots are offered that are the property of RR Auction.
Before the Auction:
Bidder may attend pre-sale viewing for all of RR Auction’s auctions at no charge. All property to be auctioned is usually on view for several days prior to the sale. Bidder is encouraged to examine lots thoroughly. Bidder may also request condition reports (see below). RR Auction’s staff are available at viewings and by appointment.
Maximum Bids – All Auctions:
To maximize Bidder’s chance of winning, RR Auction strongly encourages the use of maximum bids. RR Auction will then bid for Bidder until the lot reaches Bidder’s specified maximum. Maximum bids are strictly confidential. Placing arbitrary, non-incremental bids on lots with prior maximum bids may result in these lots being sold for less than 10% above the under Bidder’s bid.
Successful Bids:
The fall of RR Auction’s hammer indicates the final bid. RR Auction will record the paddle number of the Bidder. If Bidder’s salesroom or absentee bid is successful, Bidder will be notified after the sale by mailed or emailed invoice.
Unsold Lots:
If a lot does not reach the reserve, it is bought-in. In other words, it remains unsold and is returned to the Consignor. RR Auction has the right to sell certain unsold items after the close of the Auction. Such lots shall be considered sold during the Auction and all these Terms and Conditions shall apply to such sales including but not limited to the Buyer’s Premium, return rights, and disclaimers.
Bidding—Timed Auction:
Bidder may open, monitor, and/or raise bids at any time before the close of a lot through www.rrauction.com. RR Auction offers a callback service the day of the Auction, but Bidder is responsible for supplying a correct telephone number(s) where Bidder can be reached until the Auction closes. Bidder must request this service in writing. RR Auction will make reasonable efforts to ensure that Bidders who request a callback are contacted if outbid; however, RR Auction does not guarantee this service and it is merely a courtesy and not an enforceable right. The auctioneer may also execute a bid on behalf of the consignor to protect the reserve, either by entering a bid in response to salesroom, telephone or absentee bids. Under no circumstances will the auctioneer place any bid on behalf of the consignor above the reserve. The auctioneer will not specifically identify bids placed on behalf of the consignor to protect the reserve.
To ensure proper registration, those Bidders intending to bid via the Internet must visit www.RRauction.com and register accordingly at least one full day prior to the actual auction. Winning bidders will be notified by RR Auction. RR Auction is not responsible or liable for any problems, delays, or any other issues or problems resulting out of use of the Internet generally or specifically, including but not limited to transmission, execution or processing of bids.
Any Bidder may bid on any lot prior to 6 pm EST/EDT. At that time, an extended bidding period goes into effect. If Bidder has not bid on a lot before 6 pm EST/EDT, Bidder may not bid on that lot after 6 pm EST/EDT. Only those Bidders who have placed bids on a lot before 6 pm EST/EDT will be allowed to bid on that lot after 6 pm EST/EDT. If Bidder is the only Bidder on a lot at 6 pm EST/EDT, that lot is awarded to Bidder. During the extended bidding period, a lot will remain open only to those who bid on that lot prior to 6 pm EST/EDT. All lots WITHOUT an opening bid at 6 pm EST/EDT will remain OPEN to ALL Bidders until 7 pm EST/EDT or until they receive their first bid. These lots will close immediately upon receipt of a bid or at 7 pm EST/EDT, whichever comes first. For all lots that are active after 7 pm EST/EDT, bidding will remain open until 30 minutes pass without a bid being placed on THAT lot (the “30 Minute Rule”). The 30 Minute Rule is applied on a PER LOT BASIS; each lot in the Auction closes individually based on bidding activity after 7 pm EST/EDT. On a PER LOT BASIS, the 30 minute timer will reset each time a bid is placed after 7 pm EST/EDT. If Bidder is the high Bidder, raising Bidder’s maximum bid will NOT reset the timer. RR Auction reserves the right to close the Auction at any time at its sole discretion.
Bidding - Internet – Live Auction:
Bidder may open, monitor, and/or raise bids at any time before the close of a lot through www.rrauction.com. RR Auction offers a callback service the day of the Auction, but Bidder is responsible for supplying a correct telephone number(s) where Bidder can be reached until the Auction closes. Bidder must request this service in writing. RR Auction will make reasonable efforts to ensure that Bidders who request a callback are contacted if outbid; however, RR Auction does not guarantee this service and it is merely a courtesy and not an enforceable right.
To ensure proper registration, those Bidders intending to bid via the Internet must visit www.RRauction.com and register accordingly at least one full day prior to the actual auction. Winning bidders will be notified by RR Auction. RR Auction is not responsible or liable for any problems, delays, or any other issues or problems resulting out of use of the Internet generally or specifically, including but not limited to transmission, execution or processing of bids.
Property is auctioned in consecutive numerical order, as it appears in the catalog. The auctioneer will accept bids from those present in the salesroom or absentee bidders participating by telephone, internet or by written bid left with RR Auction in advance of the auction. The auctioneer may also execute a bid on behalf of the consignor to protect the reserve, either by entering a bid in response to salesroom, telephone or absentee bids. Under no circumstances will the auctioneer place any bid on behalf of the consignor above the reserve. The auctioneer will not specifically identify bids placed on behalf of the consignor to protect the reserve.
During live Auctions, internet bids can be placed in real time through one or more of the following Third Party services: www.liveauctioneers.com, www.invaluable.com and www.icollector.com. RR Auction is not responsible or liable for any problems, delays, or any other issues or problems resulting out of use of the Internet generally or specifically, including but not limited to transmission, execution or processing of bids. RR Auction treats any third-party site bids as floor or telephone bids. Floor bids and telephone bids are always considered first over third party sites bids, and floor bids are considered earlier than telephone bids. All RR Auction lots purchased through the third party sites carry an additional Buyer’s Premium.
Miscellaneous:
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 RR Auction’s 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, RR Auction 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 RR Auction 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. RR Auction may from time to time contact Bidder concerning sale, purchase, and auction opportunities available.
Rules of Construction: RR Auction 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.
Glossary of Condition terms
For decades, RR Auction has led the industry in providing an accurate and detailed condition statement for each item that we sell. Starting in 2016 we’ve decided to take a fresh approach to describing each item’s condition.
As our website and catalog images continually improve, and bidders can see obvious details from those excellent images, we’ve decided to simplify things, using the same terminology to describe an item’s overall condition (on an ascending scale of 1 to 4: good, very good, fine, very fine), but only adding specific details, if any, that would not be obvious from the illustration.
VERY FINE describes an item in virtually flawless condition, and is used sparingly for items of exceptionally attractive appearance.
FINE is the most common statement of condition, and applies to most items that we offer. It describes items that show expected handling wear, generally acceptable random flaws (such as light creases, small bends, etc.), and an overall appearance that is pleasing to the majority of collectors.
VERY GOOD describes an item that exhibits more moderate flaws (such as toning, light staining, professional reinforcements or repairs, etc.). Most collectors would be comfortable with items in very good condition, and this would be the expected condition for many formats (early presidential documents, for example).
GOOD describes an item with obvious visible flaws, including heavy wear, missing portions, or repairs that affect appearance; generally items in this condition are offered only if an item is otherwise exceedingly rare or important.
Of course we’re more than happy to provide more in-depth information about any item via phone or email. We hope this new system will make for easier reading and a more pleasant bidding experience.