Lot # : 323 - 1937-D 3-Legged Buffalo Nickel

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