• Your bidding on items in Charlie’s March Roundup events indicates your
acceptance of the terms and conditions set forth in these Bidding Procedures.
These terms are subject to amendment before or during the sale.
• The art and items depicted in this catalogue will be offered for sale on March
17–19, 2023 at Charlies March Roundup events hosted by the C.M. Russell
Museum (“museum”). The Museum is not responsible for postponements of the
sale due to conditions out of it’s control.
• All bidders in Charlie’s March Roundup Live Auction must obtain a bid
number by registering on icollector, or contacting Museum staff. Bid numbers are nontransferable.
Registered bidders will be responsible for paying for all art pieces and lot items purchased with their
registered bid number.
• Bidders need not be present to participate in Charlie’s March Roundup Live
Auction events. Absentee bidding, internet bidding, and telephone (referred to as
Remote or Absentee) bidding are allowed for this sale. A 2023 Absentee Bid
Form and Telephone Bid Form are available from the Museum and online. For
Charlie’s March Roundup, this form must be received by noon on Saturday,
March 18, 2023. See additional details on the form.
• All art pieces are offered “as is,” where is, with all faults.
• The Museum is an agent for the owner of the art pieces. There are no guarantees,
warranties, or representations of merchantability, fitness, nor of any other kind,
express or implied. The Museum assumes no risk, liability, or responsibility for
the genuineness, authenticity, or authorship of any offered or purchased item.
All artists’ names and dates recorded in this catalogue are not to be taken as
unqualified attributions to the artists named. No attributions to any artist or date
are made or intended as to authorship or date of execution. Therefore, none of
the property in this catalogue is subject to any guarantee of authenticity and all of
the property is sold “as is”. Catalogue descriptions are for informational purposes
only and should not be taken as an affirmation of fact. No statement, anywhere,
whether oral or written, whether made in this catalogue, an advertisement, a bill of
sale, a salesroom posting or announcement, or elsewhere, shall be deemed such
a warranty, representation, assumption of liability, or guarantee of genuineness.
All items are available for your examination prior to bidding. Your bidding will
signify that you have examined the items as fully as you desire, or that you have
chosen not to examine them.
• The Museum as agent for the owner makes no representations whatsoever that
the buyer of any art piece will acquire any reproduction rights thereto.
• The Museum reserves the right to withdraw any lot at any time before the actual
sale and shall have no liability whatsoever for such withdrawal.
• The Museum reserves the right to reject a bid.
• Some of the lots in this sale carry reserves or minimum selling prices. This is a
confidential figure below which a lot will not be sold. The reserve will not exceed
the low estimate. The Museum may act to protect the reserve by bidding through
the auctioneer. The auctioneer may open bidding on any lot below the reserve by
placing a bid on behalf of the Museum as an agent for the owner of the art pieces.
The auctioneer may continue such bidding up to the amount of the reserve,
either by placing consecutive bids or by placing bids in response to other bidders.
Reserves and estimates are subject to change at any time prior to the offering
of each lot. If the reserve is not met, the auctioneer may withdraw the item from
the sale.
• Unless announced otherwise by the auctioneer, all bids are per lot as numbered
in the catalogue. For your convenience, the catalogue includes pre-sale estimates
for all items offered for sale in the auction. These estimates are approximate
valuations and should be taken as educated projections based upon the current
market, comparable items and recent sales, not as actual “prices.” Bidding,
opening bid, and bidding increments will be determined by the auctioneer at his
sole discretion. The auctioneer may withdraw a lot for any reason he deems
appropriate. At the auctioneer’s sole discretion, no bid of less than one-half the
low estimates will be accepted from any source: phone bidding, absentee bidding,
internet bidding, or bidding at The Russell Live Auction. The final winning bid may
be less than, or more than, any printed or advertised estimate.
• In the event of any dispute between bidders, or in the event of doubt as to the
validity of any bid, the auctioneer shall have the final discretion to determine the
successful bidder, cancel the sale, or reopen and resell the lot in dispute. If any
dispute arises after the sale, the museum’s sale record shall be the final and
conclusive record of the sale.
• Upon acknowledgment of the winning bidder by the auctioneer, title to the art
piece shall pass to the bidder subject to compliance by the buyer with all other
Bidding Procedures. The auctioneer retains all authority and discretion allowed by
law. The buyer assumes full risk and responsibility for the lot. In addition, buyer
may be required to sign a confirmation of purchase. The Museum reserves the
right to impose a late charge of 18% per annum of the total purchase price if
payment is not made in accordance with this paragraph.
• The purchase price shall be the sum of the hammer price plus a buyer’s
premium. For all lots created by contemporary (living) artists, a buyers premium
of 15% will be added to the hammer price of each piece of art purchased. For
all other lots, a buyer’s premium of 20% of the hammer price up to and including
$1,000,000 and 15% in excess of the final bid price above $1,000,000 will be
added to the hammer price of each piece of art purchased. A 3% discount on the
premium will be given for payments made with cash or check. Online Winning Bidders
are subject to 3% Additional Fee.
• Successful bidders shall pay for their purchases during or immediately following
the auction. All sales are final, and there will be no exchanges or refunds. Terms
of purchase will be cash, check, cashier’s check, or credit card (Visa, MasterCard,
Discover, and American Express).
• ABSENTEE/REMOTE BIDDING: As a service to those wishing to place bids
other than live bidding, Absentee, Telephone and Internet (“Remote”) bidding
options are available. Absentee and Remote bidders agree to provide a valid
credit card number on their completed and signed forms and further agree
that said credit card may be charged for the purchase, including the buyer’s
premium (set out herein) for any amount up to, or including, the total amount
due unless other arrangements have been made for another form of payment
to be completed within three (3) days of conclusion of this sale. Absentee and
telephone bid forms will not be accepted or executed if submitted without the
signature of the bidder or their authorized agent. Absentee/Remote Bid Forms are
available from the Museum or from cmrussell.org and must be filled out in their
entirety. The form MUST be signed to be considered complete and must state the
maximum bid price the bidder is willing to pay EXCLUDING the buyer’s premium
(set out herein). If identical bids are received for the same item lot, the bid
received first shall take precedence. Absentee bids will be executed in competition
with other absentee bids, remote, and/or live bids and against applicable
reserves. Unsuccessful bids will not be acknowledged, but sales results will be
posted and available within ten (10) days of conclusion of the sale at cmrussell.
org. The Museum will make every effort to contact bidders on the requested lots,
but assumes no responsibility for missed calls or failure to execute any remote
bids. Internet bidding connectivity for remote bids may be offered through a
third-party service provider but such bids will be subject to the same Bidding
• Unless exempted by law, buyer will be required to pay any and all taxes pertaining
to sales (sales tax, transaction privileged, etc.). It is buyer’s responsibility to pay
any applicable use tax imposed by their state of residence on the total purchase
price. In the event that sales tax has not been included in the invoiced amount
and it is subsequently determined that the Museum was required to collect sales
tax in connection herewith, buyer shall reimburse the Museum upon demand for
any sales tax (or equivalent) assessed or due as a result of goods or services
provided by the Museum hereunder, unless buyer provides the Museum evidence
of exemption from such taxes.
• Pickup or shipping arrangements for art purchases are the responsibility
of the buyer. However, no lot may be removed from the premises until the
buyer has paid the purchase price in full. Buyer may make arrangements with
representatives of the Museum for shipment of purchased items. However, such
shipping is at the entire risk of buyer, as the Museum shall not be responsible
for acts or omissions in shipping or packaging or those of other carriers, whether
recommended or selected by the Museum or not. We kindly ask that all items be
removed from the Museum warehouse within 30 days of auction end to avoid a $5
daily storage fee.
• These conditions of sale and any other applicable conditions, rights & obligations
herein shall be governed by, construed & enforced, in accordance with the laws
of the State of Montana. If these conditions are not complied with by the buyer,
the Museum or its assigns may, in addition to other remedies available by law,
including without limitation the right to hold the buyer liable for the total purchase
price stated on the signed confirmation for purchase slip, either (a) cancel the sale
and retain as liquidated damages any and all payments made by the buyer or (b)
resell the property privately or at public auction on three days’ notice to
the buyer for payment of any deficiency in the purchase price and all costs
including handling charges, warehousing, the expense of both sales, the
commissions, reasonable attorneys’ fees, any and all other charges due and
incidental damages.
• If the Museum is prevented by fire, theft, or any other reason whatsoever, from
delivering any property to the buyer, the Museum’s liability shall be limited to
the sum actually paid therefore by the buyer. In no event will the liability of the
Museum to any buyer with respect to any item exceed the purchase price actually
paid by such purchaser for such item.