Done
New York, NY, United States
Auction Details
2011 Vintage & Contemporary Photo #5077
2011 November 19 Vintage & Contemporary Photography Signature Auction- New York #5077
Lot Number: Lowest
24
Auction Details
Bid Increments
PriceBid Increment
US$0US$10
US$200US$20
US$300US$25
US$500US$50
US$1,000US$100
US$2,000US$200
US$3,000US$250
US$5,000US$500
US$10,000US$1,000
US$20,000US$2,000
Preview
LOT VIEWING
Ukrainian Institute of America at
the Fletcher-Sinclair Mansion
2 E. 79th Street New York, NY 10075
Thursday, November 17 10:00 AM - 4:00 PM ET
Friday, November 18 10:00 AM - 6:00 PM ET
View lots & auction results online at our website
Ukrainian Institute of America @
Fletcher-Sinclair Mansion 2 E. 79th Street
New York, NY 10075
USA
Buyer's Premium
- 19.5%
Terms & Conditions
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 our website 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, Rare Books and Vintage Movie Poster); Heritage Monthly
Internet Auctions (Sports and Rare Wine). 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. Bids placed electronically via the internet may
not be withdrawn until your written request is received and acknowledged by
Auctioneer (FAX: 214-443-8425); 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
less than $10.....................................$1
$10 - $29..............................$2
$30 - $49..............................$3
$50 - $99..............................$5
$100 - $199..........................$10
$200 - $299..........................$20
$300 - $499..........................$25
$500 - $999..........................$50
$1,000 - $1,999....................$100
$2,000 - $2,999...................$200
$3,000 - $4,999...................$250
$5,000 - $9,999...................$500
$10,000 - $19,999................$1,000
$20,000 - $29,999.................$2,000
$30,000 - $49,999.................$2,500
$50,000 - $99,999.................$5,000
$100,000 - $199,999..............$10,000
$200,000 - $299,999.............$20,000
$300,000 - $499,999.............$25,000
$500,000 - $999,999.............$50,000
$1,000,000 - $1,999,999.......$100,000
$2,000,000 - $2,999,999......$200,000
$3,000,000 - $4,999,999......$250,000
$5,000,000 - $9,999,999.......$500,000
greater than $10,000,000.........................$1,000,000
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. (Note: Coins are only subject to sales tax in California on invoices
under $1500 and in Texas on invoices under $1000. Check the Web site at:
http://coins.ha.com/c/ref/sales-tax.zx for more details.) 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. Terms and Conditions of Auction 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. On all domestic shipments, any
risk of loss during shipment will be borne by Heritage until the shipping
carrier’s confirmation of delivery to the address of record in Auctioneer’s file
(carrier’s confirmation is conclusive to prove delivery to Bidder; if the client
has a Signature release on file with the carrier, the package is considered
delivered without Signature) or delivery by Heritage to Bidder’s selected
thirdparty shipper. On all foreign shipments, any risk of loss during shipment
will be borne by the Bidder following Auctioneer’s delivery to the Bidder’s
designated common carrier or third-party shipper. 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 of Sale are
designed to conform to the applicable sections of the New York City Department
of Consumer Affairs Rules and Regulations as Amended. This sale is a Public
Auction Sale conducted by Heritage Auction Galleries, Inc. #41513036. The New
York City licensed auctioneers are: Sam Foose, #095260; Kathleen Guzman,
#0762165; Nicholas Dawes, #1304724; Ed Beardsley, #1183220; Scott Peterson,
#1306933; Andrea Voss, #1320558, who will conduct the Sale on behalf of Heritage
Numismatic Auctions, Inc. (for Coins and Currency) and Heritage Auction
Galleries Inc. (for other items). All lots are subject to: the consignor’s
rights to bid thereon in accord with these Terms and Conditions of Sale,
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 a reserve. Auctioneer has made
advances to various consignors in this sale. On lots bearing an estimate, the
term refers to a value range placed on an item by the Auctioneer in its sole
opinion but the final price is determined by the bidders. 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. 3-23-11 Additional Terms & Conditions: Coins &
Currency 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. For wiring instructions call the Credit department
at 1-800-872-6467 or e-mail: CreditDept@HA.com Rev. 8-30-10 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: On any lot presented with a Letter of
Authenticity (“LOA”) issued by Auctioneer or its Heritage affiliates, that
warranty inures only to the original purchaser (as shown in Auctioneer’s
records) “Purchaser”. Purchaser may not transfer the rights afforded under the
LOA and it is null and void when Purchaser transfers or attempts to transfer the
lot. The LOA warranty is valid from date of the auction in which Purchaser was
awarded the lot to four (4) years after its purchase. The LOA warranty is valid
as to its attribution to the person or entity described or to the lot’s usage,
e.g. game worn. Claim procedure: Purchaser must contact the Auctioneer prior to
submission of the lot as to his intent to make a claim and arrange secure
shipment. If a lot’s authenticity is questioned by Purchaser within the warranty
period, Purchaser must present with the claim, authoritative written evidence
that the lot is not authentic as determined by a known expert in the sports
field. If Auctioneer concurs that the lot is not as represented, Purchaser shall
be refunded their purchase price. If the Auctioneer denies the claim, the
Purchaser may file the dispute with the American Arbitration Association with
locale in Dallas, Texas, before a single arbitration under expedited rules. The
LOA does not provide for incidental or consequential damages or other indirect
damages. Any lot sold with a certificate of authenticity or other warranty from
an entity other than Auctioneer or Heritage’s affiliates is subject to such
issuing entity’s rules and such conditions are the sole remedy afforded to
purchaser. For information as to third party authentication warranties the
bidder is directed to: PSA/DNA, P.O. Box 6180 Newport Beach, CA 92658 (800)
325-1121. James Spence Authentication (JSA), 2 Sylvan Way, Suite 102 Parsippany,
NJ 07054 (888) 457-7362; 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. Special Term H Guitars : Bidders
are urged to make a personal inspection of any guitar that they intend to bid on
as there is a limited right of return. Heritage makes a visual inspection of the
guitars to determine whether there are patent defects and whether the date and
manufacturer corresponds to the description. Returns are not accepted for latent
defects, structural issues, or mechanical and sound reproduction issues. It
should be assumed that set up, adjustments and normal maintenance are necessary.
For wiring instructions call the Credit department at 1-800-872-6467 or e-mail:
CreditDept@HA.com Rev. 1-21-11 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 fift y 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 and is subject to the limitations
and restrictions provided (including within the described time limitations).
Regardless of Purchaser’s submissions 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 provides
a remedy within these Terms and Conditions or otherwise, our liability for
reimbursement for bidder’s third party opines shall not exceed $500. The right
of rescission, return, or any other remedy provided in these Terms and
Conditions, or any other applicable law, does not extend to authorship of any
lot which at the date of Auction 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, his
students, school, workshop or followers. Purchaser by placing a bid expressly
waives any claim or damage based on such subsequent information as described
herein. It is specifically understood that any refund agreed to by the
Auctioneer would be limited to the purchase price. FINE AND DECORATIVE ARTS TERM
G: Provenance and authenticity, excluding attributions in BOLD-face type, are
guaranteed by neither the consignor nor Auctioneer. 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. FINE AND DECORATIVE ARTS
TERM H: On the fall of Auctioneer’s hammer, Buyers of Fine Arts and Decorative
Arts lots assumes full risk and responsibility for lot, including shipment by
common carrier or third-party shipper, and must provide their own insurance
coverage for shipments. FINE AND DECORATIVE ARTS TERM I: 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. Heritage Auction Galleries strongly encourages in-person inspection
of lots by the Bidder. While Heritage is not obligated to provide a condition
report of each lot, Bidders may feel free to contact the department for a
Condition Report and Heritage will attempt to furnish one, but shall not be
liable for failing to do so. Condition is often detailed online, but is not
included in our catalogues. The Bidder should review online descriptions as the
descriptions supercede catalog descriptions and those condition reports
otherwise provided. Statements by Heritage regarding the condition of objects
are for guidance only and should not be relied upon as statements of fact, and
do not constitute a representation, warranty, or assumption of liability by
Heritage. All lots offered regardless of a condition report are sold “AS IS”.
For wiring instructions call the Credit department at 1-800-872-6467 or e-mail:
CreditDept@HA.com Rev.12-23-10 Additional Terms & Conditions: SPORTS
COLLECTIBLES AUCTIONS SPORTS COLLECTIBLES 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, and submission of the lot to the
Auctioneer must be pre-approved by the 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 such request within
three (3) days of the mail bidder’s receipt of the lot. Any lot that is to be
evaluated must be in our offices within 30 days after Auction. Grading does 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 the original holder. 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. SPORTS
COLLECTIBLES TERM B: Auctions conducted solely on the Internet THREE (3) DAY
RETURN POLICY. All lots paid for within seven days of the Internet-only 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 mail 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
all Return privileges. SPORTS COLLECTIBLES TERM C: Bidders who have inspected
the lots or had the opportunity to Inspect the lots prior to any Auction will
not be granted any return privileges. SPORTS COLLECTIBLES TERM D: Sportscards
sold referencing a third-party grading service are sold “as is” without any
express or implied warranty. Certain warranties may be available from the
grading services and the Bidder is referred to them for further details:
Professional Sports Authenticator (PSA), P.O. Box 6180 Newport Beach, CA 92658;
Sportscard Guaranty LLC (SGC) P.O. Box 6919 Parsippany, NJ 07054-6919; Global
Authentication (GAI), P.O. Box 57042 Irvine, Ca. 92619; Beckett Grading Service
(BGS), 15850 Dallas Parkway, Dallas TX 75248. SPORTS COLLECTIBLES TERM E: On any
lot presented with a Letter of Authenticity (“LOA”) issued by Auctioneer or its
Heritage affiliates, that warranty inures only to the original purchaser (as
shown in Auctioneer’s records) “Purchaser”. Purchaser may not transfer the
rights afforded under the LOA and it is null and void when Purchaser transfers
or attempts to transfer the lot. The LOA warranty is valid from date of the
auction in which Purchaser was awarded the lot to four (4) years after its
purchase. The LOA warranty is valid as to its attribution to the person or
entity described or to the lot’s usage, e.g. game worn. Claim procedure:
Purchaser must contact the Auctioneer prior to submission of the lot as to his
intent to make a claim and arrange secure shipment. If a lot’s authenticity is
questioned by Purchaser within the warranty period, Purchaser must present with
the claim, authoritative written evidence that the lot is not authentic as
determined by a known expert in the sports field. If Auctioneer concurs that the
lot is not as represented, Purchaser shall be refunded their purchase price. If
the Auctioneer denies the claim, the Purchaser may file the dispute with the
American Arbitration Association with locale in Dallas, Texas, before a single
arbitration under expedited rules. The LOA does not provide for incidental or
consequential damages or other indirect damages. Any lot sold with a certificate
of authenticity or other warranty from an entity other than Auctioneer or
Heritage’s affiliates is subject to such issuing entity’s rules and such
conditions are the sole remedy afforded to purchaser. For information as to
third party authentication warranties the bidder is directed to: PSA/DNA, P.O.
Box 6180 Newport Beach, CA 92658 (800) 325-1121. James Spence Authentication
(JSA), 2 Sylvan Way, Suite 102 Parsippany, NJ 07054 (888) 457-7362; or as
otherwise noted on the Certificate. SPORTS COLLECTIBLES TERM F: Bidders who
intend to challenge authenticity or provenance of a lot must notify Auctioneer
in writing within thirty (30) days of the Auction’s conclusion. In the event
Auctioneer cannot deliver the lot or subsequently it is established that the lot
lacks title, provenance, authenticity, 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, Auctioneer’s maximum liability shall be
limited to any commissions and fees Auctioneer earned on that lot. SPORTS
COLLECTIBLES TERM G: 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. SPORTS COLLECTIBLES TERM H: 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. SPORTS COLLECTIBLES TERM I: Although
consensus grading is employed by most third-party 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. SPORTS COLLECTIBLES TERM J: Certification does
not guarantee protection against the normal risks associated with potentially
volatile markets. The degree of liquidity for certified 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. For wiring
instructions call the Credit department at 1-800-872-6467 or e-mail:
CreditDept@HA.com Rev. 1-21-11 Additional Terms & Conditions: COMICS & COMIC ART
AUCTIONS COMICS & COMIC ART 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, and submission of the lot to the Auctioneer
must be pre-approved by the 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 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 does 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 the original holder. No lots purchased by floor Bidders may be
returned (including those Bidders acting as agents for others). Late remittance
for purchases may be considered just cause to revoke all return privileges.
COMICS & COMIC ART TERM B: Auctions conducted solely on the Internet have a
THREE (3) DAY RETURN POLICY: 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 mail 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 all
Return-Restock privileges. COMICS & COMIC ART TERM C: Bidders who have inspected
the lots prior to the auction will not be granted any return privileges. COMICS
& COMIC ART TERM D: Comic books sold referencing a third-party grading service
are sold “as is” without any express or implied warranty. Certain warranties may
be available from the grading services and the Bidder is referred to them for
further details: Comics Guaranty Corporation (CGC), P.O. Box 4738, Sarasota, FL
34230. COMICS & COMIC ART TERM E: Bidders who intend to challenge authenticity
or provenance of a lot must notify Auctioneer in writing within thirty (30) days
of the Auction’s conclusion. In the event Auctioneer cannot deliver the lot or
subsequently it is established that the lot lacks title, provenance,
authenticity, 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, Auctioneer’s maximum liability shall be limited to any commissions
and fees Auctioneer earned on that lot. COMICS & COMIC ART TERM F: All comics
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. COMICS & COMIC ART
TERM G: Since we cannot examine encapsulated comics, 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.
COMICS & COMIC ART TERM H: 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. COMICS & COMIC
ART TERM I: 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. COMICS & COMIC ART TERM J:
Certification does not guarantee protection against the normal risks associated
with potentially volatile markets. The degree of liquidity for certified
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. For wiring instructions call the Credit department at
1-800-872-6467 or e-mail: CreditDept@HA.com Rev. 8-30-10 Additional Terms &
Conditions: JEWELRY & WATCH AUCTIONS JEWELRY & WATCH TERM A: JEWELRY: As most
jewelry sold at auction has been worn, and may have been previously repaired,
altered, or embellished, ALL LOTS are sold AS IS. Such wear, repairs or changes
may display varying levels of evidence, so it is the responsibility of each
prospective bidder to fully inspect each lot before bidding and rely upon their
own judgment prior to placing a bid. Bidder acknowledges that the absence of any
reference to their condition does not imply the absence of wear, repairs, or
defects. JEWELRY & WATCH TERM B: WATCHES: As most watches sold at auction have
been worn, and may have been previously repaired, altered, or embellished, ALL
LOTS are sold AS IS. Such wear, repairs or changes may display varying levels of
evidence, so it is the responsibility of each prospective bidder to fully
inspect each lot before bidding and rely upon their own judgment prior to
placing a bid. Bidder acknowledges that the absence of any reference to their
condition does not imply the absence of wear, repairs, or defects. JEWELRY &
WATCH TERM C: All descriptions and statements in this catalog and subsequent
invoices regarding measurement, authorship, source or origin, or other aspects
are qualified opines and do not constitute a warranty or representation, and are
provided for identification purposes only. Auctioneer warrants only such
authorship, period or culture of each lot is as set out in the BOLD faced type
heading in the catalog description of the lot, with the following exclusions:
this warranty does not apply to any catalog description where it was
specifically mentioned that there is a conflict of specialist opinion on the
authorship of a lot; or authorship which on the date of Auction 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 opines which may be proven inaccurate by means of scientific
processes not generally accepted for use or which were unreasonably expensive or
impractical to use at the time of publication of the catalog. Such limited
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, and any claim regarding a bold-faced provision must be
accompanied by two written letters by independent and authorized appraisers in
support of the claim. It is specifically understood that any refund agreed to by
the Auctioneer would be limited to the purchase price. JEWELRY & WATCH TERM D:
The Auction is not on approval. 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
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 30 days after Auction. AFTER THAT 30 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 may be returned (including those bidders acting as agents for
others). Late remittance for purchases may be considered just cause to revoke
all return privileges. JEWELRY & WATCH TERM E: Pre-auction estimates of value or
“bidding estimates” are opines provided solely as a convenience to clients, and
should only be used as approximations of current market value. Estimates do not
include Buyer’s Premiums or sales tax. JEWELRY & WATCH TERM F: In the event
Auctioneer cannot deliver the lot or subsequently it is established that the lot
lacks title or the bold faced 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 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. JEWELRY & WATCH TERM G: Provenance and
authenticity are not guaranteed by the consignor or the Auctioneer. 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.
Provenance or other information regarding history of ownership may be provided
if known, or may be excluded at the request of the consignor. JEWELRY & WATCH
TERM H: On the fall of Auctioneer’s hammer, Buyers assume full risk and
responsibility for lot, including shipment by common carrier or third-party
shipper, and must provide their own insurance coverage for shipments. JEWELRY &
WATCH TERM I: Watches in waterproof and water-resistant cases have been opened
to identify type and condition. Auctioneer cannot guarantee that the watches are
waterproof or water-resistant at the time of purchase. Buyers are advised to
have the watches checked by a competent watchmaker with respect to such
attributes. JEWELRY & WATCH TERM J: All dimensions in catalog descriptions are
approximate. JEWELRY & WATCH TERM K: Condition reports are provided as a service
to clients. Buyers should note that descriptions of property are not warranties
and that watches may need general service, change of battery or further repair
work for which the buyer is solely responsible. JEWELRY & WATCH TERM L: Watch
bands made from protected species (i.e. alligator, crocodile) and items made of
ivory and tortoise may be subject to restrictions in certain countries. For
wiring instructions call the Credit department at 1-800-872-6467 or e-mail:
CreditDept@HA.com Rev. 8-30-10 Additional Terms & Conditions WINE AUCTIONS Wine
Auction Term A: Bidder’s Age: You must be at least 21 years of age to
participate in our auctions. Wine Auction Term B: Descriptions: While Auctioneer
has attempted to describe all property as accurately as possible, such
description is based upon a physical inspection and observation. Auctioneer does
not warrant or represent, and denies responsibility for the accuracy of the
descriptions, encompassing but not limited to, vintage, provenance,
authenticity, quality and condition as may be stated on the site. Any and all
statements made relating to the property offered on the site are merely
statement of opinion and at no time can be construed as warranties and
representations of fact or assumptions of any liability on the part of
Auctioneer. Auctioneer reserves the right to amend the description of any lot by
means of an announcement either oral or electronic. And may withdraw any lot.
Wine Auction Term C: Lots sold “AS IS” “WHEREAS”: Buyer accepts all purchases
“AS IS” and “WHEREAS”, notwithstanding any other terms of the Conditions of
Sale. Wine Auction Term D: Notice: The wine industry estimates a seven percent
(7%) age of all wine sealed with natural corks are ruined because of a natural
fungus in corkwood that produces the chemical compound trichloroanisole. In
almost all cases of “corked” wine, the aroma of the wine is reduced
significantly, and a heavily tainted wine is completely undrinkable. Since all
of our wine is consigned, and much of it very rare, we cannot replace wines that
have been ruined because of cork taint. We do not accept returns of corked wine
nor do we refund for corked wine. Wine Auction Term E: Shipping: All items will
be available to the Buyer for pickup up or shipment upon Buyer’s payment of the
purchase price and prepaid shipping charges. All lots are delivered by Buyer’s
preferred method of shipping or by Auctioneer’s selection if no Buyer preference
is indicated. Buyer shall assume full responsibility for shipping expenses. This
includes shipping costs, packing and handling. Buyer need to be aware that many
states impose restrictions on the quantity of alcoholic beverages purchased or
brought into its jurisdiction from another state. Special permits may be
required; Auctioneer takes no responsibility for any shipment to any state
outside of California nor any confiscation of a shipment to any state. Wine
Auction Term F: Risk of Loss: The sale of the wine between Auctioneer and Buyer
takes place at Auctioneer’s California facility. Risk of Loss passed to Buyer
upon Auctioneer’s determination of the winning bid. Auctioneer will not
reimburse Buyers for lost or damaged shipments. Auctioneer will take precautions
to package the wine according to industry standards to minimize the possibility
of damage. Auctioneer does not cover any loss or damage due to exposure to
temperature variations, shipping delays or defect in or failure of any cork or
other bottle closure. Wine Auction Term G: Shipment outside of California: The
primary means of distribution will be common carrier. All wines are to be sold
in California by Seller and title passes to Buyer in California. Auctioneer
makes no representation as to the rights of anyone to import wine into any state
that restricts the personal importation of wine, the wine will be held at
Auctioneer’s facility on behalf of Buyer until Buyer makes arrangements to ship
the lot to an address in a state that permits such shipments or receives Buyer’s
other written instructions. Storage Charges : Wines not picked up within one (1)
months of the auction will accrue charges of $10.00 per case or partial case per
month. Charges will be applied on the first day of the subsequent month and each
month thereafter. Wines will not be released or shipped to customers until
storage fees are paid. Wine Auction Term H: Weather: When the weather is too hot
or too cold to safely ship wines, Auctioneer will temporarily store Buyers’
wines at no charge. Wine Auction Term I. Change in Condition: Though every
effort is made to describe or measure the levels of older vintages, corks more
than twenty (20) years old begin to lose their elasticity and levels can change
between cataloging and sale. Old corks occasionally fail during or after
shipment. Buyers must understand that there is always a risk of cork failure
with old wines. Under no circumstances can an adjustment of price or credit be
made after delivery. Wine Auction Term J: License: Heritage Collectibles, Inc.
licensed in the State of California and holds Type 17 and 20 licenses No
5000295. For wiring instructions call the Credit department at 1-800-872-6467 or
e-mail: CreditDept@HA.com Rev. 1-25-11 Additional Terms & Conditions: STAMPS &
PHILATELIC ITEMS STAMPS & PHILATELIC ITEMS 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 third-party
organization, dealer, or service. No guarantee of grade is offered for ungraded
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
Jessica Bennett (1-800-872-6467 Ext. 1156) 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 does
not qualify for this evaluation process nor do such complaints constitute a
basis to challenge the authenticity of a lot. Lots returned must be housed
intact in their original holder. No lots purchased by floor Bidders may be
returned (including those acting through agents). Late remittance for purchases
may be considered just cause to revoke all return privileges. STAMPS &
PHILATELIC ITEMS TERM B: Auctions conducted solely on the Internet THREE (3) DAY
RETURN POLICY: Certified Stamps, and Certified and Uncertified Philatelic Items
paid for within seven days of the weekly or monthly Internet 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. STAMPS & PHILATELIC ITEMS TERM C: Multiple stamp / item lots,
including sets, collections, large lots, and small group lots, whether certified
or not, are not sold on approval, and are sold “As Is” Without Warranty. There
are absolutely no exceptions to this policy. STAMPS & PHILATELIC ITEMS TERM D:
Stamps and Philatelic Items sold referencing a thirdparty certification or
grading service are sold “As Is” Without Warranty. Bidder shall solely rely upon
warranties of the authentication provider issuing the Certificate or opinion.
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 PSE, PF, and APEX 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:
Professional Stamp Experts (PSE), P.O. Box 6170, Newport Beach, CA 92658;
Philatelic Foundation (PF), 70 West 40th St., 15th Floor, New York, NY 10018;
American Philatelic Expertising Service (APEX), 100 Match Factory Place,
Bellefonte, PA 16823; or, for other services, as otherwise noted on the
Certificate. Third party graded stamps are not returnable for any reason
whatsoever. 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. STAMPS & PHILATELIC ITEMS TERM E: 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. STAMPS &
PHILATELIC ITEMS TERM F: 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. 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. STAMPS & PHILATELIC ITEMS TERM
G: Auctioneer does not warrant provenance of a stamp or philatelic item; it is
the responsibility of the Bidder to arrive at their own conclusion prior to
bidding. STAMPS & PHILATELIC ITEMS TERM H: 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. STAMPS & PHILATELIC ITEMS TERM I: Certification does not guarantee
protection against the normal risks associated with potentially volatile
markets. The degree of liquidity for certified and graded stamps 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. STAMPS & PHILATELIC ITEMS TERM J: Storage of purchased stamps
and philatelic items: Purchasers are advised that certain types of plastic may
react with a stamp’s ink(s), gum and/or paper or transfer plasticizer to stamps
and may cause damage. Caution should be used to avoid storage in materials that
are not inert. STAMPS & PHILATELICS TERM K: Extension Policy: a. The successful
bidder may request the Auctioneer to have a Property or Properties authenticated
by an expertizing service set forth in Auctioneer’s preapproved expertizing
committees. The extension shall be governed by this section. b. As a condition
precedent to the request to place a Property on extension the successful bidder
must either deposit the purchase price of the Property with Auctioneer or have a
preapproved credit limit covering at least the amount of the successful bid. c.
Properties auctioned at a Signature Auction that do not have certificates or
have certificates dated more than five (5) years prior to the auction are
eligible for expertizing. d. The successful bidder may submit a lot for
authentication to an expertizing service accepted by Heritage. e. The successful
bidder’s election to submit a Property for expertizing must be made in writing
and such writing must be received by Heritage in writing within 30 days of last
day of the auction along with a photocopy of the application to the expertizing
committee. f. The Successful bidder shall notify Auctioneer immediately that a
submitted Property has cleared, failed, or had a no opinion certificate issued
by the appointed expertizing committee and thereafter immediately pay for
Property or approve the release of the Property’s deposit if applicable. g. The
failure of the expertizing service to render an opinion is not grounds for
return of the Property and the successful bidder shall have their deposit
transferred to auctioneer or if credit had been extended pay for the Property
immediately. h. No Property sent to an expertizing committee in the United
States may be eligible for a refund or cancellation of its invoice after 120
days following the last day of the sale. Properties sent to an overseas
expertizing committee may not be returned after 180 days following the last day
of the sale. If the expertizing committee either domestically or overseas fails
to issue an opinion in the foregoing time periods, the successful bidder is
responsible to immediately pay for the Property. i. The Property must be
returned to the Auctioneer in the same condition as when delivered to the
successful bidder. The Successful Bidder until a Property is returned shall
assume all risk of loss and damage to the Property. In the event of loss or
damage the successful bidder shall be responsible for the amount of his
successful bid and costs of collection. j. In the event of an unfavorable
opinion, Heritage will refund the cost of the lot (if the successful bidder has
made a deposit or if on credit cancel the invoice), plus the expertizing fees up
to $650.00. k. On Properties subject to this section, the successful bidder
waives any and all other claims pertaining to the auction, the Property or
otherwise except as expressly stated herein. For wiring instructions call the
Credit department at 1-800-872-6467 or e-mail: CreditDept@HA.com Rev. 8-30-10
New York State Auctions Only These Terms and Conditions of Sale are designed to
conform to the applicable sections of the New York City Department of Consumer
Affairs Rules and Regulations as Amended. This sale is a Public Auction Sale
conducted by Heritage Auction Galleries, Inc. #41513036. The New York City
licensed auctioneers are: Sam Foose, #095260; Kathleen Guzman, #0762165;
Nicholas Dawes, #1304724; Ed Beardsley, #1183220; Scott Peterson, #1306933;
Andrea Voss, #1320558, who will conduct the Sale on behalf of Heritage
Numismatic Auctions, Inc. (for Coins and Currency) and Heritage Auction
Galleries Inc. (for other items). All lots are subject to: the consignor’s
rights to bid thereon in accord with these Terms and Conditions of Sale,
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 a reserve. Auctioneer has made
advances to various consignors in this sale. On lots bearing an estimate, the
term refers to a value range placed on an item by the Auctioneer in its sole
opinion but the final price is determined by the bidders.
Taxes
Local Taxes Apply
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