Terms & Conditions
Terms and Conditions of Auction <br />
<br />
Auctioneer and Auction: <br />
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1. This Auction is presented by Heritage Auction Galleries, a d/b/a/ of Heritage Auctions, Inc., or <br />
its affiliates Heritage Numismatic Auctions, Inc., or Heritage Vintage Sports Auctions, Inc., or <br />
Currency Auctions of America, Inc., as identified with the applicable licensing information on <br />
the title page of the catalog or on the HA.com Internet site (the "Auctioneer"). The Auction is <br />
conducted under these Terms and Conditions of Auction and applicable state and local law. <br />
Announcements and corrections from the podium and those made through the Terms and <br />
Conditions of Auctions appearing on the Internet at HA.com supersede those in the printed <br />
catalog. <br />
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Buyer's Premium: <br />
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2. On bids placed through Auctioneer, a Buyer's Premium of fifteen percent (15%) will be added <br />
to the successful hammer price bid on lots in Coin, Currency, and Philatelic auctions or <br />
nineteen and one-half percent (19.5%) on lots in all other auctions. There is a minimum Buyer's <br />
Premium of $14.00 per lot. In Gallery Auctions (sealed bid auctions of mostly bulk numismatic <br />
material), the Buyer's Premium is 19.5%. <br />
Auction Venues: <br />
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3. The following Auctions are conducted solely on the Internet: Heritage Weekly Internet Auctions <br />
(Coin, Currency, Comics, and Vintage Movie Poster); Heritage Monthly Internet Auctions <br />
(Sports, and Stamps). Signature® Auctions and Grand Format Auctions accept bids from the <br />
Internet, telephone, fax, or mail first, followed by a floor bidding session; Heritage Live and <br />
real-time telephone bidding are available to registered clients during these auctions. <br />
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Bidders: <br />
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4. Any person participating or registering for the Auction agrees to be bound by and accepts these <br />
Terms and Conditions of Auction ("Bidder(s)"). <br />
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5. All Bidders must meet Auctioneer's qualifications to bid. Any Bidder who is not a client in <br />
good standing of the Auctioneer may be disqualified at Auctioneer's sole option and will not <br />
be awarded lots. Such determination may be made by Auctioneer in its sole and unlimited <br />
discretion, at any time prior to, during, or even after the close of the Auction. Auctioneer <br />
reserves the right to exclude any person from the auction. <br />
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6. If an entity places a bid, then the person executing the bid on behalf of the entity agrees to <br />
personally guarantee payment for any successful bid. <br />
Credit: <br />
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7. Bidders who have not established credit with the Auctioneer must either furnish satisfactory <br />
credit information (including two collectibles-related business references) well in advance <br />
of the Auction or supply valid credit card information. Bids placed through our Interactive <br />
Internet program will only be accepted from pre-registered Bidders; Bidders who are not <br />
members of HA.com or affiliates should pre-register at least 48 hours before the start of the <br />
first session (exclusive of holidays or weekends) to allow adequate time to contact references. <br />
Credit may be granted at the discretion of Auctioneer. Additionally Bidders who have not <br />
previously established credit or who wish to bid in excess of their established credit history <br />
may be required to provide their social security number or the last four digits thereof to us so a <br />
credit check may be performed prior to Auctioneer's acceptance of a bid. <br />
Bidding Options: <br />
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8. Bids in Signature® Auctions or Grand Format Auctions may be placed as set forth in the printed <br />
catalog section entitled "Choose your bidding method." For auctions held solely on the Internet, <br />
see the alternatives on HA.com. Review at HA.com/common/howtobid.php. <br />
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9. Presentment of Bids: Non-Internet bids (including but not limited to podium, fax, phone <br />
and mail bids) are treated similar to floor bids in that they must be on-increment or at a half <br />
increment (called a cut bid). Any podium, fax, phone, or mail bids that do not conform to a full <br />
or half increment will be rounded up or down to the nearest full or half increment and this <br />
revised amount will be considered your high bid. <br />
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10. Auctioneer's Execution of Certain Bids. Auctioneer cannot be responsible for your errors in <br />
bidding, so carefully check that every bid is entered correctly. When identical mail or FAX <br />
bids are submitted, preference is given to the first received. To ensure the greatest accuracy, <br />
your written bids should be entered on the standard printed bid sheet and be received at <br />
Auctioneer's place of business at least two business days before the Auction start. Auctioneer <br />
is not responsible for executing mail bids or FAX bids received on or after the day the first <br />
lot is sold, nor Internet bids submitted after the published closing time; nor is Auctioneer <br />
responsible for proper execution of bids submitted by telephone, mail, FAX, e-mail, Internet, <br />
or in person once the Auction begins. Internet bids may not be withdrawn until your written <br />
request is received and acknowledged by Auctioneer (FAX: 214-4438425); such requests must <br />
state the reason, and may constitute grounds for withdrawal of bidding privileges. Lots won <br />
by mail Bidders will not be delivered at the Auction unless prearranged. <br />
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11. Caveat as to Bid Increments. Bid increments (over the current bid level) determine the lowest <br />
amount you may bid on a particular lot. Bids greater than one increment over the current bid <br />
can be any whole dollar amount. It is possible under several circumstances for winning bids <br />
to be between increments, sometimes only $1 above the previous increment. Please see: "How <br />
can I lose by less than an increment?" on our website. Bids will be accepted in whole dollar <br />
amounts only. No "buy" or "unlimited" bids will be accepted. <br />
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The following chart governs current bidding increments. <br />
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Current Bid.....................Bid Increment Current Bid.......................Bid Increment <br />
<$10.....................................$1 $20,000 - $29,999.................$2,000 <br />
$10 - $29..............................$2 $30,000 - $49,999.................$2,500 <br />
$30 - $49..............................$3 $50,000 - $99,999.................$5,000 <br />
$50 - $99..............................$5 $100,000 - $199,999..............$10,000 <br />
$100 - $199..........................$10 $200,000 - $299,999.............$20,000 <br />
$200 - $299..........................$20 $300,000 - $499,999.............$25,000 <br />
$300 - $499..........................$25 $500,000 - $999,999.............$50,000 <br />
$500 - $999..........................$50 $1,000,000 - $1,999,999.......$100,000 <br />
$1,000 - $1,999....................$100 $2,000,000 - $2,999,999......$200,000 <br />
$2,000 - $2,999...................$200 $3,000,000 - $4,999,999......$250,000 <br />
$3,000 - $4,999...................$250 $5,000,000 - $9,999,999.......$500,000 <br />
$5,000 - $9,999...................$500 >$10,000,000.........................$1,000,000 <br />
$10,000 - $19,999................$1,000 <br />
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12. If Auctioneer calls for a full increment, a bidder may request Auctioneer to accept a bid at half <br />
of the increment ("Cut Bid") only once per lot. After offering a Cut Bid, bidders may continue <br />
to participate only at full increments. Off-increment bids may be accepted by the Auctioneer at <br />
Signature® Auctions and Grand Format Auctions. If the Auctioneer solicits bids other than the <br />
expected increment, these bids will not be considered Cut Bids. <br />
Conducting the Auction: <br />
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13. Notice of the consignor's liberty to place bids on his lots in the Auction is hereby made in <br />
accordance with Article 2 of the Texas Business and Commercial Code. A "Minimum Bid" is <br />
an amount below which the lot will not sell. THE CONSIGNOR OF PROPERTY MAY PLACE <br />
WRITTEN "Minimum Bids" ON HIS LOTS IN ADVANCE OF THE AUCTION; ON SUCH <br />
LOTS, IF THE HAMMER PRICE DOES NOT MEET THE "Minimum Bid", THE CONSIGNOR <br />
MAY PAY A REDUCED COMMISSION ON THOSE LOTS. "Minimum Bids" are generally <br />
posted online several days prior to the Auction closing. For any successful bid placed by a <br />
consignor on his Property on the Auction floor, or by any means during the live session, or <br />
after the "Minimum Bid" for an Auction have been posted, we will require the consignor to pay <br />
full Buyer's Premium and Seller's Commissions on such lot. <br />
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14. The highest qualified Bidder recognized by the Auctioneer shall be the buyer. In the event <br />
of a tie bid, the earliest bid received or recognized wins. In the event of any dispute between <br />
any Bidders at an Auction, Auctioneer may at his sole discretion reoffer the lot. Auctioneer's <br />
decision and declaration of the winning Bidder shall be final and binding upon all Bidders. <br />
Bids properly offered, whether by floor Bidder or other means of bidding, may on occasion <br />
be missed or go unrecognized; in such cases, the Auctioneer may declare the recognized bid <br />
accepted as the winning bid, regardless of whether a competing bid may have been higher. <br />
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15. Auctioneer reserves the right to refuse to honor any bid or to limit the amount of any bid, in <br />
its sole discretion. A bid is considered not made in "Good Faith" when made by an insolvent <br />
or irresponsible person, a person under the age of eighteen, or is not supported by satisfactory <br />
credit, collectibles references, or otherwise. Regardless of the disclosure of his identity, any bid <br />
by a consignor or his agent on a lot consigned by him is deemed to be made in "Good Faith." <br />
Any person apparently appearing on the OFAC list is not eligible to bid. <br />
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16. Nominal Bids. The Auctioneer in its sole discretion may reject nominal bids, small opening <br />
bids, or very nominal advances. If a lot bearing estimates fails to open for 40-60% of the low <br />
estimate, the Auctioneer may pass the item or may place a protective bid on behalf of the <br />
consignor. <br />
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17. Lots bearing bidding estimates shall open at Auctioneer's discretion (approximately 50%-60% <br />
of the low estimate). In the event that no bid meets or exceeds that opening amount, the lot <br />
shall pass as unsold. <br />
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18. All items are to be purchased per lot as numerically indicated and no lots will be broken. <br />
Auctioneer reserves the right to withdraw, prior to the close, any lots from the Auction. <br />
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19. Auctioneer reserves the right to rescind the sale in the event of nonpayment, breach of a <br />
warranty, disputed ownership, auctioneer's clerical error or omission in exercising bids and <br />
reserves, or for any other reason and in Auctioneer's sole discretion. In cases of nonpayment, <br />
Auctioneer's election to void a sale does not relieve the Bidder from their obligation to <br />
pay Auctioneer its fees (seller's and buyer's premium) and any other damages or expenses <br />
pertaining to the lot. <br />
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20. Auctioneer occasionally experiences Internet and/or Server service outages, and Auctioneer <br />
periodically schedules system downtime for maintenance and other purposes, during which <br />
Bidders cannot participate or place bids. If such outages occur, we may at our discretion extend <br />
bidding for the Auction. Bidders unable to place their Bids through the Internet are directed to <br />
contact Client Services at 1-800-872-6467. <br />
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21. The Auctioneer, its affiliates, or their employees consign items to be sold in the Auction, and <br />
may bid on those lots or any other lots. Auctioneer or affiliates expressly reserve the right <br />
to modify any such bids at any time prior to the hammer based upon data made known to <br />
the Auctioneer or its affiliates. The Auctioneer may extend advances, guarantees, or loans to <br />
certain consignors. <br />
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22. The Auctioneer has the right to sell certain unsold items after the close of the Auction. Such lots <br />
shall be considered sold during the Auction and all these Terms and Conditions shall apply to <br />
such sales including but not limited to the Buyer's Premium, return rights, and disclaimers. <br />
Payment: <br />
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23. All sales are strictly for cash in United States dollars (including U.S. currency, bank wire, <br />
cashier checks, travelers checks, eChecks, and bank money orders, all subject to reporting <br />
requirements). All are subject to clearing and funds being received In Auctioneer's account <br />
before delivery of the purchases. Auctioneer reserves the right to determine if a check <br />
constitutes "good funds" when drawn on a U.S. bank for ten days, and thirty days when drawn <br />
on an international bank. Credit Card (Visa or Master Card only) and PayPal payments may <br />
be accepted up to $10,000 from non-dealers at the sole discretion of the Auctioneer, subject to <br />
the following limitations: a) sales are only to the cardholder, b) purchases are shipped to the <br />
cardholder's registered and verified address, c) Auctioneer may pre-approve the cardholder's <br />
credit line, d) a credit card transaction may not be used in conjunction with any other financing <br />
or extended terms offered by the Auctioneer, and must transact immediately upon invoice <br />
presentation, e) rights of return are governed by these Terms and Conditions, which supersede <br />
those conditions promulgated by the card issuer, f) floor Bidders must present their card. <br />
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24. Payment is due upon closing of the Auction session, or upon presentment of an invoice. <br />
Auctioneer reserves the right to void an invoice if payment in full is not received within 7 <br />
days after the close of the Auction. In cases of nonpayment, Auctioneer's election to void a sale <br />
does not relieve the Bidder from their obligation to pay Auctioneer its fees (seller's and buyer's <br />
premium) on the lot and any other damages pertaining to the lot. <br />
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25. Lots delivered to you, or your representative in the States of Texas, California, New York, or <br />
other states where the Auction may be held, are subject to all applicable state and local taxes, <br />
unless appropriate permits are on file with Auctioneer. Bidder agrees to pay Auctioneer the <br />
actual amount of tax due in the event that sales tax is not properly collected due to: 1) an <br />
expired, inaccurate, inappropriate tax certificate or declaration, 2) an incorrect interpretation <br />
of the applicable statute, 3) or any other reason. The appropriate form or certificate must be <br />
on file at and verified by Auctioneer five days prior to Auction or tax must be paid; only if such <br />
form or certificate is received by Auctioneer within 4 days after the Auction can a refund of tax <br />
paid be made. Lots from different Auctions may not be aggregated for sales tax purposes. <br />
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26. In the event that a Bidder's payment is dishonored upon presentment(s), Bidder shall pay the <br />
maximum statutory processing fee set by applicable state law. If you attempt to pay via eCheck <br />
and your financial institution denies this transfer from your bank account, or the payment <br />
cannot be completed using the selected funding source, you agree to complete payment using <br />
your credit card on file. <br />
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27. If any Auction invoice submitted by Auctioneer is not paid in full when due, the unpaid balance <br />
will bear interest at the highest rate permitted by law from the date of invoice until paid. Any <br />
invoice not paid when due will bear a three percent (3%) late fee on the invoice amount or <br />
three percent (3%) of any installment that is past due. If the Auctioneer refers any invoice <br />
to an attorney for collection, the buyer agrees to pay attorney's fees, court costs, and other <br />
collection costs incurred by Auctioneer. If Auctioneer assigns collection to its in-house legal <br />
staff, such attorney's time expended on the matter shall be compensated at a rate comparable <br />
to the hourly rate of independent attorneys. <br />
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28. In the event a successful Bidder fails to pay any amounts due, Auctioneer reserves the right to sell <br />
the lot(s) securing the invoice to any underbidders in the Auction that the lot(s) appeared, or at <br />
subsequent private or public sale, or relist the lot(s) in a future auction conducted by Auctioneer. <br />
A defaulting Bidder agrees to pay for the reasonable costs of resale (including a 10% seller's <br />
commission, if consigned to an auction conducted by Auctioneer). The defaulting Bidder is liable <br />
to pay any difference between his total original invoice for the lot(s), plus any applicable interest, <br />
and the net proceeds for the lot(s) if sold at private sale or the subsequent hammer price of the <br />
lot(s) less the 10% seller's commissions, if sold at an Auctioneer's auction. <br />
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29. Auctioneer reserves the right to require payment in full in good funds before delivery of the <br />
merchandise. <br />
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30. Auctioneer shall have a lien against the merchandise purchased by the buyer to secure payment <br />
of the Auction invoice. Auctioneer is further granted a lien and the right to retain possession of <br />
any other property of the buyer then held by the Auctioneer or its affiliates to secure payment <br />
of any Auction invoice or any other amounts due the Auctioneer or affiliates from the buyer. <br />
With respect to these lien rights, Auctioneer shall have all the rights of a secured creditor <br />
under Article 9 of the Texas Uniform Commercial Code, including but not limited to the right <br />
of sale. In addition, with respect to payment of the Auction invoice(s), the buyer waives any <br />
and all rights of offset he might otherwise have against the Auctioneer and the consignor of <br />
the merchandise included on the invoice. If a Bidder owes Auctioneer or its affiliates on any <br />
account, Auctioneer and its affiliates shall have the right to offset such unpaid account by any <br />
credit balance due Bidder, and it may secure by possessory lien any unpaid amount by any of <br />
the Bidder's property in their possession. <br />
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31. Title shall not pass to the successful Bidder until all invoices are paid in full. It is the <br />
responsibility of the buyer to provide adequate insurance coverage for the items once they <br />
have been delivered to a common carrier or third-party shipper. <br />
Delivery; Shipping; and Handling Charges: <br />
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32. Buyer is liable for shipping and handling. Please refer to Auctioneer's website www.HA.com/ <br />
common/shipping.php for the latest charges or call Auctioneer. Auctioneer is unable to <br />
combine purchases from other auctions or affiliates into one package for shipping purposes. <br />
Lots won will be shipped in a commercially reasonable time after payment in good funds for <br />
the merchandise and the shipping fees is received or credit extended, except when third-party <br />
shipment occurs. <br />
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33. Successful international Bidders shall provide written shipping instructions, including <br />
specified customs declarations, to the Auctioneer for any lots to be delivered outside of the <br />
United States. NOTE: Declaration value shall be the item'(s) hammer price together with its <br />
buyer's premium and Auctioneer shall use the correct harmonized code for the lot. Domestic <br />
Buyers on lots designated for third-party shipment must designate the common carrier, accept <br />
risk of loss, and prepay shipping costs. <br />
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34. All shipping charges will be borne by the successful Bidder. Any risk of loss during shipment <br />
will be borne by the buyer following Auctioneer's delivery to the designated common carrier <br />
or third-party shipper, regardless of domestic or foreign shipment. <br />
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35. Due to the nature of some items sold, it shall be the responsibility for the successful bidder to <br />
arrange pick-up and shipping through third-parties; as to such items Auctioneer shall have <br />
no liability. Failure to pick-up or arrange shipping in a timely fashion (within ten days) shall <br />
subject Lots to storage and moving charges, including a $100 administration fee plus $10 daily <br />
storage for larger items and $5.00 daily for smaller items (storage fee per item) after 35 days. In <br />
the event the Lot is not removed within ninety days, the Lot may be offered for sale to recover <br />
any past due storage or moving fees, including a 10% Seller's Commission. <br />
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36. The laws of various countries regulate the import or export of certain plant and animal <br />
properties, including (but not limited to) items made of (or including) ivory, whalebone, <br />
turtleshell, coral, crocodile, or other wildlife. Transport of such lots may require special <br />
licenses for export, import, or both. Bidder is responsible for: 1) obtaining all information <br />
on such restricted items for both export and import; 2) obtaining all such licenses and/or <br />
permits. Delay or failure to obtain any such license or permit does not relieve the buyer of <br />
timely compliance with standard payment terms. For further information, please contact Ron <br />
Brackemyre at 800-872-6467 ext. 1312. <br />
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37. Any request for shipping verification for undelivered packages must be made within 30 days <br />
of shipment by Auctioneer. <br />
Cataloging, Warranties and Disclaimers: <br />
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38. NO WARRANTY, WHETHER EXPRESSED OR IMPLIED, IS MADE WITH RESPECT TO ANY <br />
DESCRIPTION CONTAINED IN THIS AUCTION OR ANY SECOND OPINE. Any description <br />
of the items or second opine contained in this Auction is for the sole purpose of identifying <br />
the items for those Bidders who do not have the opportunity to view the lots prior to bidding, <br />
and no description of items has been made part of the basis of the bargain or has created any <br />
express warranty that the goods would conform to any description made by Auctioneer. Color <br />
variations can be expected in any electronic or printed imaging, and are not grounds for the <br />
return of any lot. NOTE: Auctioneer, in specified auction venues, for example, Fine Art, may <br />
have express written warranties and you are referred to those specific terms and conditions. . <br />
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39. Auctioneer is selling only such right or title to the items being sold as Auctioneer may have <br />
by virtue of consignment agreements on the date of auction and disclaims any warranty of <br />
title to the Property. Auctioneer disclaims any warranty of merchantability or fitness for any <br />
particular purposes. All images, descriptions, sales data, and archival records are the exclusive <br />
property of Auctioneer, and may be used by Auctioneer for advertising, promotion, archival <br />
records, and any other uses deemed appropriate. <br />
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40. Translations of foreign language documents may be provided as a convenience to interested <br />
parties. Auctioneer makes no representation as to the accuracy of those translations and will <br />
not be held responsible for errors in bidding arising from inaccuracies in translation. <br />
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41. Auctioneer disclaims all liability for damages, consequential or otherwise, arising out of or <br />
in connection with the sale of any Property by Auctioneer to Bidder. No third party may rely <br />
on any benefit of these Terms and Conditions and any rights, if any, established hereunder are <br />
personal to the Bidder and may not be assigned. Any statement made by the Auctioneer is an <br />
opinion and does not constitute a warranty or representation. No employee of Auctioneer may <br />
alter these Terms and Conditions, and, unless signed by a principal of Auctioneer, any such <br />
alteration is null and void. <br />
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42. Auctioneer shall not be liable for breakage of glass or damage to frames (patent or latent); such <br />
defects, in any event, shall not be a basis for any claim for return or reduction in purchase price. <br />
Release: <br />
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43. In consideration of participation in the Auction and the placing of a bid, Bidder expressly <br />
releases Auctioneer, its officers, directors and employees, its affiliates, and its outside experts <br />
that provide second opines, from any and all claims, cause of action, chose of action, whether <br />
at law or equity or any arbitration or mediation rights existing under the rules of any <br />
professional society or affiliation based upon the assigned description, or a derivative theory, <br />
breach of warranty express or implied, representation or other matter set forth within these <br />
Terms and Conditions of Auction or otherwise. In the event of a claim, Bidder agrees that <br />
such rights and privileges conferred therein are strictly construed as specifically declared <br />
herein; e.g., authenticity, typographical error, etc. and are the exclusive remedy. Bidder, by <br />
non-compliance to these express terms of a granted remedy, shall waive any claim against <br />
Auctioneer. <br />
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44. Notice: Some Property sold by Auctioneer are inherently dangerous e.g. firearms, cannons, <br />
and small items that may be swallowed or ingested or may have latent defects all of which may <br />
cause harm to a person. Purchaser accepts all risk of loss or damage from its purchase of these <br />
items and Auctioneer disclaims any liability whether under contract or tort for damages and <br />
losses, direct or inconsequential, and expressly disclaims any warranty as to safety or usage <br />
of any lot sold. <br />
Dispute Resolution and Arbitration Provision: <br />
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45. By placing a bid or otherwise participating in the auction, Bidder accepts these Terms and <br />
Conditions of Auction, and specifically agrees to the dispute resolution provided herein. <br />
Consumer disputes shall be resolved through court litigation which has an exclusive Dallas, <br />
Texas venue clause and jury waiver. Non-consumer dispute shall be determined in binding <br />
arbitration which arbitration replaces the right to go to court, including the right to a jury <br />
trial. <br />
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46. Auctioneer in no event shall be responsible for consequential damages, incidental damages, <br />
compensatory damages, or any other damages arising or claimed to be arising from the auction <br />
of any lot. In the event that Auctioneer cannot deliver the lot or subsequently it is established that <br />
the lot lacks title, or other transfer or condition issue is claimed, In such cases the sole remedy <br />
shall be limited to rescission of sale and refund of the amount paid by Bidder; in no case shall <br />
Auctioneer's maximum liability exceed the high bid on that lot, which bid shall be deemed for all <br />
purposes the value of the lot. After one year has elapsed, Auctioneer's maximum liability shall be <br />
limited to any commissions and fees Auctioneer earned on that lot. <br />
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47. In the event of an attribution error, Auctioneer may at its sole discretion, correct the error <br />
on the Internet, or, if discovered at a later date, to refund the buyer's purchase price without <br />
further obligation. <br />
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48. Dispute Resolution for Consumers and Non-Consumers: Any claim, dispute, or controversy <br />
in connection with, relating to and /or arising out of the Auction, participation in the Auction. <br />
Award of lots, damages of claims to lots, descriptions, condition reports, provenance, estimates, <br />
return and warranty rights, any interpretation of these Terms and Conditions, any alleged <br />
verbal modification of these Terms and Conditions and/or any purported settlement whether <br />
asserted in contract, tort, under Federal or State statute or regulation shall or any other matter: <br />
a) if presented by a consumer, be exclusively heard by, and the parties consent to, exclusive in <br />
personam jurisdiction in the State District Courts of Dallas County, Texas. THE PARTIES <br />
EXPRESSLY WAIVE ANY RIGHT TO TRIAL BY JURY. Any appeals shall be solely pursued <br />
in the appellate courts of the State of Texas; or b) for any claimant other than a consumer, the <br />
claim shall be presented in confidential binding arbitration before a single arbitrator, that the <br />
parties may agree upon, selected from the JAMS list of Texas arbitrators. The case is not to be <br />
administrated by JAMS; however, if the parties cannot agree on an arbitrator, then JAMS shall <br />
appoint the arbitrator and it shall be conducted under JAMS rules. The locale shall be Dallas <br />
Texas. The arbitrator's award may be enforced in any court of competent jurisdiction. Any <br />
party on any claim involving the purchase or sale of numismatic or related items may elect <br />
arbitration through binding PNG arbitration. Any claim must be brought within one (1) year <br />
of the alleged breach, default or misrepresentation or the claim is waived. This agreement and <br />
any claims shall be determined and construed under Texas law. The prevailing party (party <br />
that is awarded substantial and material relief on its claim or defense) may be awarded its <br />
reasonable attorneys' fees and costs. <br />
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49. No claims of any kind can be considered after the settlements have been made with the <br />
consignors. Any dispute after the settlement date is strictly between the Bidder and consignor <br />
without involvement or responsibility of the Auctioneer. <br />
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50. In consideration of their participation in or application for the Auction, a person or entity <br />
(whether the successful Bidder, a Bidder, a purchaser and/or other Auction participant or <br />
registrant) agrees that all disputes in any way relating to, arising under, connected with, or <br />
incidental to these Terms and Conditions and purchases, or default in payment thereof, shall <br />
be arbitrated pursuant to the arbitration provision. In the event that any matter including <br />
actions to compel arbitration, construe the agreement, actions in aid or arbitration or <br />
otherwise needs to be litigated, such litigation shall be exclusively in the Courts of the State <br />
of Texas, in Dallas County, Texas, and if necessary the corresponding appellate courts. For <br />
such actions, the successful Bidder, purchaser, or Auction participant also expressly submits <br />
himself to the personal jurisdiction of the State of Texas. <br />
<br />
51. These Terms & Conditions provide specific remedies for occurrences in the auction and <br />
delivery process. Where such remedies are afforded, they shall be interpreted strictly. Bidder <br />
agrees that any claim shall utilize such remedies; Bidder making a claim in excess of those <br />
remedies provided in these Terms and Conditions agrees that in no case whatsoever shall <br />
Auctioneer's maximum liability exceed the high bid on that lot, which bid shall be deemed for <br />
all purposes the value of the lot. <br />
Miscellaneous: <br />
<br />
52. Agreements between Bidders and consignors to effectuate a non-sale of an item at Auction, <br />
inhibit bidding on a consigned item to enter into a private sale agreement for said item, or to <br />
utilize the Auctioneer's Auction to obtain sales for non-selling consigned items subsequent to <br />
the Auction, are strictly prohibited. If a subsequent sale of a previously consigned item occurs <br />
in violation of this provision, Auctioneer reserves the right to charge Bidder the applicable <br />
Buyer's Premium and consignor a Seller's Commission as determined for each auction venue <br />
and by the terms of the seller's agreement. <br />
<br />
53. Acceptance of these Terms and Conditions qualifies Bidder as a client who has consented to be <br />
contacted by Heritage in the future. In conformity with "do-not-call" regulations promulgated <br />
by the Federal or State regulatory agencies, participation by the Bidder is affirmative consent to <br />
being contacted at the phone number shown in his application and this consent shall remain in <br />
effect until it is revoked in writing. Heritage may from time to time contact Bidder concerning <br />
sale, purchase, and auction opportunities available through Heritage and its affiliates and <br />
subsidiaries. <br />
<br />
54. Rules of Construction: Auctioneer presents properties in a number of collectible fields, and as <br />
such, specific venues have promulgated supplemental Terms and Conditions. Nothing herein <br />
shall be construed to waive the general Terms and Conditions of Auction by these additional <br />
rules and shall be construed to give force and effect to the rules in their entirety. <br />
State Notices: <br />
Notice as to an Auction in California. Auctioneer has in compliance with Title 2.95 of the California <br />
Civil Code as amended October 11, 1993 Sec. 1812.600, posted with the California Secretary of <br />
State its bonds for it and its employees, and the auction is being conducted in compliance with Sec. <br />
2338 of the Commercial Code and Sec. 535 of the Penal Code. <br />
Notice as to an Auction in New York City. These Terms and Conditions are designed to conform <br />
to the applicable sections of the New York City Department of Consumer Affairs Rules and <br />
Regulations as Amended. This is a Public Auction Sale conducted by Auctioneer. The New York <br />
City licensed Auctioneers are Harvey Bennett, No. 0924050, and Samuel W. Foose, No.0952360, <br />
who will conduct the Auction on behalf of Heritage Auctions, Inc. ("Auctioneer"). All lots are <br />
subject to: the consignor's right to bid thereon in accord with these Terms and Conditions of <br />
Auction, consignor's option to receive advances on their consignments, and Auctioneer, in its sole <br />
discretion, may offer limited extended financing to registered bidders, in accord with Auctioneer's <br />
internal credit standards. A registered bidder may inquire whether a lot is subject to an advance or <br />
reserve. Auctioneer has made advances to various consignors in this sale. <br />
Notice as to an Auction in Texas. In compliance with TDLR rule 67.100(c)(1), notice is hereby <br />
provided that this auction is covered by a Recovery Fund administered by the Texas Department <br />
of Licensing and Regulation, P.O. Box 12157, Austin, Texas 78711 (512) 463-6599. Any complaints <br />
may be directed to the same address. <br />
Notice as to an Auction in Ohio: Auction firm and Auctioneer are licensed by the Dept. of <br />
Agriculture, and either the licensee is bonded in favor of the state or an aggrieved person may <br />
initiate a claim against the auction recovery fund created in Section 4707.25 of the Revised Code <br />
as a result of the licensee's actions, whichever is applicable. Rev. 4-15-10 <br />
<br />
Additional Terms & Conditions: <br />
<br />
Coins & Curency <br />
<br />
COINS and CURRENCY TERM A: Signature® Auctions are not on approval. No certified material may <br />
be returned because of possible differences of opinion with respect to the grade offered by any thirdparty <br />
organization, dealer, or service. No guarantee of grade is offered for uncertified Property sold <br />
and subsequently submitted to a third-party grading service. There are absolutely no exceptions to <br />
this policy. Under extremely limited circumstances, (e.g. gross cataloging error) a purchaser, who <br />
did not bid from the floor, may request Auctioneer to evaluate voiding a sale: such request must be <br />
made in writing detailing the alleged gross error; submission of the lot to the Auctioneer must be <br />
pre-approved by the Auctioneer; and bidder must notify Ron Brackemyre (1-800-8726467 Ext. 1312) <br />
in writing of such request within three (3) days of the non-floor bidder's receipt of the lot. Any lot <br />
that is to be evaluated must be in our offices within 30 days after Auction. Grading or method of <br />
manufacture do not qualify for this evaluation process nor do such complaints constitute a basis to <br />
challenge the authenticity of a lot. AFTER THAT 30-DAY PERIOD, NO LOTS MAY BE RETURNED <br />
FOR REASONS OTHER THAN AUTHENTICITY. Lots returned must be housed intact in their <br />
original holder. No lots purchased by floor Bidders may be returned (including those Bidders acting <br />
as agents for others) except for authenticity. Late remittance for purchases may be considered just <br />
cause to revoke all return privileges. <br />
<br />
COINS and CURRENCY TERM B: Auctions conducted solely on the Internet THREE (3) DAY RETURN <br />
POLICY: Certified Coin and Uncertified and Certified Currency lots paid for within seven days of the <br />
Auction closing are sold with a three (3) day return privilege. You may return lots under the following <br />
conditions: Within three days of receipt of the lot, you must first notify Auctioneer by contacting <br />
Client Service by phone (1-800-872-6467) or e-mail (Bid@HA.com), and immediately ship the lot(s) <br />
fully insured to the attention of Returns, Heritage, 3500 Maple Avenue, 17th Floor, Dallas TX 75219- <br />
3941. Lots must be housed intact in their original holder and condition. You are responsible for the <br />
insured, safe delivery of any lots. A non-negotiable return fee of 5% of the purchase price ($10 per <br />
lot minimum) will be deducted from the refund for each returned lot or billed directly. Postage and <br />
handling fees are not refunded. After the three-day period (from receipt), no items may be returned <br />
for any reason. Late remittance for purchases revokes these Return privileges. <br />
<br />
COINS and CURRENCY TERM C: Bidders who have inspected the lots prior to any Auction, or attended <br />
the Auction, or bid through an Agent, will not be granted any return privileges, except for reasons <br />
of authenticity. <br />
<br />
COINS and CURRENCY TERM D: Coins sold referencing a third-party grading service are sold "as <br />
is" without any express or implied warranty, except for a guarantee by Auctioneer that they are <br />
genuine. Certain warranties may be available from the grading services and the Bidder is referred <br />
to them for further details: Numismatic Guaranty Corporation (NGC), P.O. Box 4776, Sarasota, FL <br />
34230; Professional Coin Grading Service (PCGS), PO Box 9458, Newport Beach, CA 92658; ANACS, <br />
6555 S. Kenton St. Ste. 303, Englewood, CO 80111; and Independent Coin Grading Co. (ICG), 7901 <br />
East Belleview Ave., Suite 50, Englewood, CO 80111. <br />
<br />
COINS and CURRENCY TERM E: Notes sold referencing a third-party grading service are sold "as is" <br />
without any express or implied warranty, except for guarantee by Auctioneer that they are genuine. <br />
Grading, condition or other attributes of any lot may have a material effect on its value, and the <br />
opinion of others, including third-party grading services such as PCGS Currency, PMG, and CGA <br />
may differ with that of Auctioneer. Auctioneer shall not be bound by any prior or subsequent opinion, <br />
determination, or certification by any grading service. Bidder specifically waives any claim to right <br />
of return of any item because of the opinion, determination, or certification, or lack thereof, by any <br />
grading service. Certain warranties may be available from the grading services and the Bidder is <br />
referred to them for further details: Paper Money Guaranty (PMG), PO Box 4711, Sarasota FL 34230; <br />
PCGS Currency, PO Box 9458, Newport Beach, CA 92658; Currency Grading & Authentication <br />
(CGA), PO Box 418, Three Bridges, NJ 08887. Third party graded notes are not returnable for any <br />
reason whatsoever. <br />
<br />
COINS and CURRENCY TERM F: Since we cannot examine encapsulated coins or notes, they are sold <br />
"as is" without our grading opinion, and may not be returned for any reason. Auctioneer shall not be <br />
liable for any patent or latent defect or controversy pertaining to or arising from any encapsulated <br />
collectible. In any such instance, purchaser's remedy, if any, shall be solely against the service <br />
certifying the collectible. <br />
<br />
COINS and CURRENCY TERM G: Due to changing grading standards over time, differing <br />
interpretations, and to possible mishandling of items by subsequent owners, Auctioneer reserves the <br />
right to grade items differently than shown on certificates from any grading service that accompany <br />
the items. Auctioneer also reserves the right to grade items differently than the grades shown in the <br />
prior catalog should such items be reconsigned to any future auction. <br />
<br />
COINS and CURRENCY TERM H: Although consensus grading is employed by most grading services, <br />
it should be noted as aforesaid that grading is not an exact science. In fact, it is entirely possible that <br />
if a lot is broken out of a plastic holder and resubmitted to another grading service or even to the <br />
same service, the lot could come back with a different grade assigned. <br />
<br />
COINS and CURRENCY TERM I: Certification does not guarantee protection against the normal <br />
risks associated with potentially volatile markets. The degree of liquidity for certified coins and <br />
collectibles will vary according to general market conditions and the particular lot involved. For <br />
some lots there may be no active market at all at certain points in time. <br />
<br />
COINS and CURRENCY TERM J: All non-certified coins and currency are guaranteed genuine, but <br />
are not guaranteed as to grade, since grading is a matter of opinion, an art and not a science, and <br />
therefore the opinion rendered by the Auctioneer or any third party grading service may not agree <br />
with the opinion of others (including trained experts), and the same expert may not grade the same <br />
item with the same grade at two different times. Auctioneer has graded the non-certified numismatic <br />
items, in the Auctioneer's opinion, to their current interpretation of the American Numismatic <br />
Association's standards as of the date the catalog was prepared. There is no guarantee or warranty <br />
implied or expressed that the grading standards utilized by the Auctioneer will meet the standards <br />
of any grading service at any time in the future. <br />
<br />
COINS and CURRENCY TERM K: Storage of purchased coins and currency: Purchasers are advised <br />
that certain types of plastic may react with a coin's metal or transfer plasticizer to notes and may <br />
cause damage. Caution should be used to avoid storage in materials that are not inert. <br />
<br />
COINS and CURRENCY TERM L: Storage of purchased coins and currency: Purchasers are advised that <br />
certain types of plastic may react with a coin's metal or transfer plasticizer to notes and may cause <br />
damage. Caution should be used to avoid storage in materials that are not inert. <br />
<br />
COINS and CURRENCY TERM M: NOTE: Purchasers of rare coins or currency through Heritage have <br />
available the option of arbitration by the Professional Numismatists Guild (PNG); if an election is <br />
not made within ten (10) days of an unresolved dispute, Auctioneer may elect either PNG or A.A.A. <br />
Arbitration. <br />
<br />
COINS and CURRENCY TERM N: For more information regarding Canadian lots attributed to the <br />
Charlton reference guides, please contact: Charlton International, PO Box 820, Station Willowdale <br />
B, North York, Ontario M2K 2R1 Canada. <br />
<br />
WIRING INSTRUCTIONS: <br />
<br />
BANK INFORMATION: <br />
<br />
Wells Fargo Bank <br />
420 Montgomery Street <br />
San Francisco, CA 94104-1207 <br />
<br />
ACCOUNT NAME: Heritage Auction Galleries <br />
<br />
ABA NUMBER: 121000248 <br />
<br />
ACCOUNT NUMBER: 4121930028 <br />
<br />
SWIFT CODE: WFBIUS6S <br />
<br />
Rev. 7-24-09 <br />
<br />
Additional Terms & Conditions: <br />
<br />
MEMORABILIA & Historical AUCTIONS <br />
<br />
MEMORABILIA & HISTORICAL TERM A: Signature® and Grand Format Auctions of Autographs, <br />
Sports Collectibles, Music, Entertainment, Political, Americana, Vintage Movie Posters and <br />
Pop Culture memorabilia are not on approval. When the lot is accompanied by a Certificate of <br />
Authenticity (or its equivalent) from an third-party authentication provider, buyer has no right <br />
of return. On lots not accompanied by third-party authentication or under extremely limited <br />
circumstances not including authenticity (e.g. gross cataloging error), a purchaser who did not <br />
bid from the floor may request Auctioneer to evaluate voiding a sale; such request must be made <br />
in writing detailing the alleged gross error, and submission of the lot to Auctioneer must be <br />
pre-approved by Auctioneer. A Bidder must notify the appropriate department head (check the <br />
inside front cover of the catalog or our website for a listing of department heads) in writing of <br />
the Bidder's request within three (3) days of the non-floor bidder's receipt of the lot. Any lot that <br />
is to be evaluated for return must be received in our offices within 35 days after Auction. AFTER <br />
THAT 35 DAY PERIOD, NO LOT MAY BE RETURNED FOR ANY REASONS. Lots returned <br />
must be in the same condition as when sold and must include any Certificate of Authenticity. <br />
No lots purchased by floor bidders (including those bidders acting as agents for others) may <br />
be returned. Late remittance for purchases may be considered just cause to revoke all return <br />
privileges. <br />
<br />
MEMORABILIA & HISTORICAL TERM B: When a memorabilia lot is accompanied by a Certificate <br />
of Authenticity (or its equivalent) from an independent third-party authentication provider, <br />
Auctioneer does not warrant authenticity of that lot. Bidder shall solely rely upon warranties <br />
of the authentication provider issuing the Certificate or opinion. For information as to such <br />
authentication providers' warranties the bidder is directed to: SCD Authentic, 4034 West <br />
National Ave., Milwaukee, WI 53215 (800) 345-3168; JO Sports, Inc., P.O. Box 607 Brookhaven, <br />
NY 11719 (631) 286-0970; PSA/DNA; 130 Brookshire Lane, Orwigsburg, Pa. 17961; Mike <br />
Gutierrez Autographs, 8150 Raintree Drive Suite A, Scottsdale, AZ. 85260; or as otherwise noted <br />
on the Certificate. <br />
<br />
MEMORABILIA & HISTORICAL TERM C: As authenticity and provenance are not warranted, if <br />
a Bidder intends to challenge, authenticity or provenance of a lot he must notify Auctioneer in <br />
writing within thirty-five (35) days of the Auction's conclusion. Any claim as to provenance or <br />
authenticity must be first transmitted to Auctioneer by credible and definitive evidence or the <br />
opine of a qualified third party expert and there is no assurance after such presentment that <br />
Auctioneer will validate the claim. Authentication is not an exact science and contrary opinions <br />
may not be recognized by Auctioneer. Even if Auctioneer agrees with the contrary opinion of <br />
such authentication and validates the claim, Auctioneer's liability for reimbursement for any <br />
opine by Bidder's expert shall not exceed $500. Acceptance of a claim under this provision shall <br />
be limited to rescission of the sale and refund of purchase price; in no case shall Auctioneer's <br />
maximum liability exceed the high bid on that lot, which bid shall be deemed for all purposes <br />
the value of the lot. While every effort is made to determine provenance and authenticity, it is <br />
the responsibility of the Bidder to arrive at their own conclusion prior to bidding. <br />
<br />
MEMORABILIA & HISTORICAL TERM D: In the event Auctioneer cannot deliver the lot or <br />
subsequently it is established that the lot lacks title, or other transfer or condition issue is <br />
claimed, Auctioneer's liability shall be limited to rescission of sale and refund of purchase <br />
price; in no case shall Auctioneer's maximum liability exceed the high bid on that lot, which bid <br />
shall be deemed for all purposes the value of the lot. After one year has elapsed from the close <br />
of the Auction, Auctioneer's maximum liability shall be limited to any commissions and fees <br />
Auctioneer earned on that lot. <br />
<br />
MEMORABILIA & HISTORICAL TERM E: On the fall of Auctioneer's hammer, buyer assumes full <br />
risk and responsibility for lot, including shipment by common carrier, and must provide their <br />
own insurance coverage for shipments. <br />
<br />
MEMORABILIA & HISTORICAL TERM F: Auctioneer complies with all Federal and State rules <br />
and regulations relating to the purchasing, registration and shipping of firearms. A purchaser is <br />
required to provide appropriate documents and the payment of associated fees, if any. Purchaser <br />
is responsible for providing a shipping address that is suitable for the receipt of a firearm. <br />
<br />
Memorabilia and Historical Term G -Screen Shot . Screen shots included in the catalog <br />
or on the Heritage Internet are provided for reference only. Important Notice: Many identical <br />
versions of props and costumes are created for film and television productions in the normal <br />
course of a production. Heritage does not warrant or represent that the screen shots referenced <br />
are exact images of the offered item (unless specifically noted in the written description). Use <br />
of a screen shot does not constitute a warranty or representation of authenticity or provenance. <br />
There is not a right of return or refund based upon a claim arising out of or pertaining to any <br />
reference to a screen shot. <br />
<br />
WIRING INSTRUCTIONS: <br />
<br />
BANK INFORMATION: <br />
<br />
Wells Fargo Bank <br />
<br />
420 Montgomery Street <br />
San Francisco, CA 94104-1207 <br />
<br />
ACCOUNT NAME: Heritage Auction Galleries <br />
<br />
ABA NUMBER: 121000248 <br />
<br />
ACCOUNT NUMBER: 4121930028 <br />
<br />
SWIFT CODE: WFBIUS6S <br />
<br />
Rev. 5-17-10 <br />
<br />
Additional Terms & Conditions: <br />
<br />
FINE & DECORATIVE ARTS AUCTIONS <br />
<br />
FINE AND DECORATIVE ARTS TERM A: LIMITED WARRANTY: Auctioneer warrants authorship, <br />
period or culture of each lot sold in this catalog as set out in the BOLD-face type heading in the <br />
catalog description of the lot, with the following exclusions. This warranty does not apply to: <br />
<br />
i. authorship of any paintings, drawings or sculpture created prior to 1870, unless the lot is <br />
determined to be a counterfeit which has a value at the date of the claim for rescission which is <br />
materially less than the purchase price paid for the lot; or <br />
<br />
ii. any catalog description where it was specifically mentioned that there is a conflict of specialist <br />
opinion on the authorship of a lot; or <br />
<br />
iii. authorship which on the date of sale was in accordance with the then generally accepted opinion of <br />
scholars and specialists, despite the subsequent discovery of new information, whether historical <br />
or physical, concerning the artist or craftsman, his students, school, workshop or followers; or <br />
<br />
iv. the identification of periods or dates of execution which may be proven inaccurate by means of <br />
scientific processes not generally accepted for use until after publication of the catalog, or which <br />
were unreasonably expensive or impractical to use at the time of publication of the catalog. <br />
The term counterfeit is defined as a modern fake or forgery, made less than fifty years ago with the <br />
intent to deceive. The authenticity of signatures, monograms, initials or other similar indications <br />
of authorship is expressly excluded as a controlling factor in determining whether a work is a <br />
counterfeit under the meaning of these Terms and Conditions of Auction. <br />
<br />
FINE AND DECORATIVE ARTS TERM B: GLOSSARY OF TERMS: Terms used in this catalog have the <br />
following meanings. Please note that all statements in this catalog, excluding those in BOLD-face <br />
type, regarding authorship, attribution, origin, date, age, provenance and condition are statements <br />
of opinion and are not treated as a statement of fact. <br />
<br />
1. THOMAS MORAN <br />
In our opinion, the work is by the artist. <br />
<br />
2. ATTRIBUTED TO THOMAS MORAN <br />
In our opinion, the work is of the period of the artist which may be whole or in part the work of the <br />
artist. <br />
<br />
3. STUDIO, (CIRCLE OR WORKSHOP) OF THOMAS MORAN <br />
In our opinion, the work is of the period and closely relates to his style. <br />
<br />
4. SCHOOL OF THOMAS MORAN <br />
In our opinion, the work is by a pupil or a follower of the artist. <br />
<br />
5. MANNER OF THOMAS MORAN <br />
In our opinion, the work is in the style of the artist and is of a later period. <br />
<br />
6. AFTER THOMAS MORAN <br />
In our opinion, this work is a copy of the artist. <br />
<br />
7. ASCRIBED TO THOMAS MORAN <br />
In our opinion, this work is not by the artist, however, previous scholarship has noted this to be a <br />
work by the artist. <br />
<br />
8. SIGNED (OR DATED) <br />
The work has a signature (or date) which is in our opinion is genuine. <br />
<br />
9. BEARS SIGNATURE (OR DATE) <br />
The work has a signature (or date) which in our opinion is not authentic. <br />
FINE AND DECORATIVE ARTS TERM C: PRESENTMENT: The warranty as to authorship is provided <br />
for a period of one (1) year from the date of the auction and is only for the benefit of the original <br />
purchaser of record and is not transferable. <br />
<br />
FINE AND DECORATIVE ARTS TERM D: The Auction is not on approval. Under extremely limited <br />
circumstances (e.g. gross cataloging error), not including attributions in BOLD-face type, which <br />
are addressed in Term F below, a purchaser who did not bid from the floor may request Auctioneer <br />
to evaluate voiding a sale; such request must be made in writing detailing the alleged gross error, <br />
and submission of the lot to Auctioneer must be pre-approved by Auctioneer. A bidder must notify <br />
the appropriate department head (check the inside front cover of the catalog or our website for <br />
a listing of department heads) in writing of the purchaser's request within three (3) days of the <br />
non-floor bidder's receipt of the lot. Any lot that is to be evaluated for return must be received <br />
in our offices within 40 days after Auction. AFTER THAT 40-DAY PERIOD, NO LOT MAY BE <br />
RETURNED FOR ANY REASON. Lots returned must be in the same condition as when sold <br />
and must include any Certificate of Authenticity. No lots purchased by floor bidders (including <br />
those bidders acting as agents for others) may be returned. Late remittance for purchases may be <br />
considered just cause to revoke all return privileges. <br />
<br />
FINE AND DECORATIVE ARTS TERM E: The catalog descriptions are provided for identification <br />
purposes only. Bidders who intend to challenge a BOLD-face provision in the description of a <br />
lot must notify Auctioneer in writing within forty (40) days of the Auction's conclusion. In the <br />
event Auctioneer cannot deliver the lot or subsequently it is established that the lot lacks title or <br />
the BOLD-face section of description is incorrect, or other transfer or condition issue is claimed, <br />
Auctioneer's liability shall be limited to rescission of sale and refund of purchase price. In no <br />
case shall Auctioneer's maximum liability exceed the successful bid on that lot, which bid shall <br />
be deemed for all purposes the value of the lot. After one year has elapsed from the close of the <br />
Auction, Auctioneer's maximum liability shall be limited to any commissions and fees Auctioneer <br />
earned on that lot. <br />
<br />
FINE AND DECORATIVE ARTS TERM F: Any claim as to authorship, provenance, authenticity, or <br />
other matter under the remedies provided in the Fine Arts Terms and Conditions or otherwise <br />
must be first transmitted to Auctioneer by credible and definitive evidence within the applicable <br />
claim period. Auctioneer, in processing the written claim, may require the Purchaser to obtain the <br />
written opinion of two recognized experts in the field who are mutually accepted by Auctioneer <br />
and Purchaser. Upon receipt of the two opinions, Auctioneer shall determine whether to rescind <br />
the sale. The Purchaser's claim must be presented in accord with the remedies provided herein
