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