Modern & Contemporary Art - New York #5274

Terms and Conditions of AuctionAuctioneer and Auction:1. This Auction is presented by Heritage Auctions, a d/b/a/ of Heritage Auctioneers & Galleries, Inc.,or Heritage Auctions, Inc., or Heritage Numismatic Auctions, Inc., or Heritage Vintage SportsAuctions, Inc., or Currency Auctions of America, Inc., as identified with the applicable licensinginformation 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 stateand local law. Announcements and corrections from the podium and those made through theTerms and Conditions of Auctions appearing on the Internet at HA.com supersede those in theprinted catalog.Buyer's Premium:2. All bids are subject to a Buyer's Premium which is in addition to the placed successful bid:- Fifteen percent (15%) on Domain Names & Intellectual Property Auction lots,- Seventeen and one-half percent (17.5%) on Currency, US Coin, and World & Ancient Coin Auctionlots, except for Gallery Auction lots as noted below,- Nineteen and one-half percent (19.5%) on Comic, Movie Poster, Sports Collectibles, and GalleryAuction (sealed bid auctions of mostly bulk numismatic material) lots,- Twenty-two percent (22%) on Wine Auction lots,- For lots in all other categories not listed above, the Buyer's Premium per lot is twenty-five percent(25%) on the first $100,000 (minimum $14), plus twenty percent (20%) of any amount between$100,000 and $1,000,000, plus twelve percent (12%) of any amount over $1,000,000.Auction Venues:3. The following Auctions are conducted solely on the Internet: Heritage Weekly Internet Auctions(Coin, Currency, Comics, Rare Books, Jewelry & Watches, Guitars & Musical Instruments,and Vintage Movie Posters), Heritage Monthly Internet Auctions (Sports, World Coins andRare Wine). Signature Auctions and Grand Format Auctions accept bids from the Internet,telephone, fax, or mail first, followed by a floor bidding session, HeritageLive! and real- timetelephone 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 theseTerms and Conditions of Auction ("Bidder(s)").5. All Bidders must meet Auctioneer's qualifications to bid. Any Bidder who is not a client ingood standing of the Auctioneer may be disqualified at Auctioneer's sole option and will notbe awarded lots. Such determination may be made by Auctioneer in its sole and unlimiteddiscretion, at any time prior to, during, or even after the close of the Auction. Auctioneer reservesthe 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 topersonally guarantee payment for any successful bid.Credit:7. In order to place bids, Bidders who have not established credit with the Auctioneer must eitherfurnish satisfactory credit information (including two collectibles-related business references)or supply valid credit card information along with a social security number, well in advance ofthe Auction. Bids placed through our Interactive Internet program will only be accepted frompre-registered Bidders. Bidders who are not members of HA.com or affiliates should preregisterat least 48 hours before the start of the first session (exclusive of holidays or weekends) to allowadequate time to contact references. Credit will be granted at the discretion of Auctioneer.Additionally Bidders who have not previously established credit or who wish to bid in excess oftheir established credit history may be required to provide their social security number or thelast four digits thereof so a credit check may be performed prior to Auctioneer's acceptance of abid. Check writing privileges and immediate delivery of merchandise may also be determinedby pre-approval of credit based on a combination of criteria: HA.com history, related industryreferences, bank verification, a credit bureau report and/or a personal guarantee for a corporateor partnership entity in advance of the auction venue.Bidding Options:8. Bids in Signature Auctions or Grand Format Auctions may be placed as set forth in theprinted catalog section entitled "Choose your bidding method." For auctions held solely onthe Internet, see the alternatives on HA.com.zx#biddingTutorial.9. Presentment of Bids: Non-Internet bids (including but not limited to podium, fax, phone and mailbids) 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 halfincrement will be rounded up or down to the nearest full or half increment and this revisedamount will be considered your high bid.10. Auctioneer's Execution of Certain Bids. Auctioneer cannot be responsible for your errors inbidding, so carefully check that every bid is entered correctly. When identical mail or FAX bidsare submitted, preference is given to the first received. To ensure the greatest accuracy, yourwritten bids should be entered on the standard printed bid sheet and be received at Auctioneer'splace of business at least two business days before the Auction start. Auctioneer is notresponsible 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 forproper execution of bids submitted by telephone, mail, FAX, e-mail, Internet, or in person oncethe Auction begins. Bids placed electronically via the internet may not be withdrawn until yourwritten request is received and acknowledged by Auctioneer (FAX: 214-409-1425), such requestsmust state the reason, and may constitute grounds for withdrawal of bidding privileges. Lotswon 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 lowestamount you may bid on a particular lot. Bids greater than one increment over the current bidcan be any whole dollar amount. It is possible under several circumstances for winning bids tobe between increments, sometimes only $1 above the previous increment. Please see: "How canI lose by less than an increment"" on our website. Bids will be accepted in whole dollar amountsonly. No "buy" or "unlimited" bids will be accepted.The following chart governs current bidding increments(see HA.com/c/ref/web-tips.zx#guidelines-increments).Current Bid...............Bid Incrementless than $10.................................................$1$10 - $49.......................................... $2$50 - $99.......................................... $5$100 - $199.................................... $10$200 - $499.................................... $20$500 - $999.................................... $50$1,000 - $1,999............................ $100$2,000 - $4,999............................ $200$5,000 - $9,999............................ $500Current Bid...............Bid Increment$10,000 - $19,999.................... $1,000$20,000 - $49,999.................... $2,000$50,000 - $99,999.................... $5,000$100,000 - $199,999............. $10,000$200,000 - $499,999............. $20,000$500,000 - $999,999............. $50,000$1,000,000 - $4,999,999..... $100,000$5,000,000 - $9,999,999..... $250,000Greater than or equal to $10,000,000................... $500,00012. If Auctioneer calls for a full increment, a bidder may request Auctioneer to accept a bid at halfof the increment ("Cut Bid") only once per lot. After offering a Cut Bid, bidders may continueto participate only at full increments. Off-increment bids may be accepted by the Auctioneer atSignature Auctions and Grand Format Auctions. If the Auctioneer solicits bids other than theexpected 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 inaccordance with Article 2 of the Texas Business and Commercial Code. A "Minimum Bid" isan amount below which the lot will not sell. THE CONSIGNOR OF PROPERTY MAY PLACEWRITTEN "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 PAYA REDUCED COMMISSION ON THOSE LOTS. "Minimum Bids" are generally posted onlineseveral days prior to the Auction closing. For any successful bid placed by a consignor on hisProperty on the Auction floor, or by any means during the live session, or after the "MinimumBid" for an Auction have been posted, we will require the consignor to pay full Buyer's Premiumand Seller's Commissions on such lot.14. The highest qualified Bidder recognized by the Auctioneer shall be the Buyer. In the event ofa tie bid, the earliest bid received or recognized wins. In the event of any dispute between anyBidders at an Auction, Auctioneer may at his sole discretion reoffer the lot. Auctioneer's decisionand declaration of the winning Bidder shall be final and binding upon all Bidders. Bids properlyoffered, whether by floor Bidder or other means of bidding, may on occasion be missed or gounrecognized, in such cases, the Auctioneer may declare the recognized bid accepted as thewinning bid, regardless of whether a competing bid may have been higher. Auctioneer reservesthe right after the hammer fall to accept bids and reopen bidding for bids placed through theInternet or otherwise.15. Auctioneer reserves the right to refuse to honor any bid or to limit the amount of any bid, inits sole discretion. A bid is considered not made in "Good Faith" when made by an insolventor irresponsible person, a person under the age of eighteen, or is not supported by satisfactorycredit, collectibles references, or otherwise. Regardless of the disclosure of his identity, any bidby a consignor or his agent on a lot consigned by him is deemed to be made in "Good Faith." Anyperson 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 shallpass 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, orfor any other reason and in Auctioneer's sole discretion. In cases of nonpayment, Auctioneer'selection 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 Auctioneerperiodically schedules system downtime for maintenance and other purposes, during whichBidders cannot participate or place bids. If such outages occur, we may at our discretion extendbidding for the Auction. Bidders unable to place their Bids through the Internet are directed tocontact Client Services at 877-HERITAGE (437-4824).21. The Auctioneer, its affiliates, or their employees consign items to be sold in the Auction, and maybid on those lots or any other lots. Auctioneer or affiliates expressly reserve the right to modifyany such bids at any time prior to the hammer based upon data made known to the Auctioneeror 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 lotsshall be considered sold during the Auction and all these Terms and Conditions shall apply tosuch 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, and are subject to allreporting requirements). All deliveries are subject to good funds, funds being received inAuctioneer's account before delivery of the Purchases, and all payments are subject to a clearingperiod. Auctioneer reserves the right to determine if a check constitutes "good funds": checksdrawn on a U.S. bank are subject to a ten business day hold, and thirty days when drawn on aninternational bank. Clients with pre-arranged credit status may receive immediate credit forpayments via eCheck, personal, or corporate checks. All others will be subject to a hold of 5days, or more, for the funds to clear prior to releasing merchandise. (Ref. T&C item 7 Credit foradditional information.) Payments can be made 24-48 hours post auction from the My Orderspage of the HA.com website.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 7days after the close of the Auction. In cases of nonpayment, Auctioneer's election to void a saledoes not relieve the Bidder from their obligation to pay Auctioneer its fees (seller's and buyer'spremium) on the lot and any other damages pertaining to the lot or Auctioneer, at its option,may charge a twenty (20%) restock fee on the amount of the purchase and offset the restock feeagainst any monies paid to the Auctioneer or against any of the purchaser's properties held bythe Auctioneer.25. Lots delivered to you, or your representative are subject to all applicable state and local taxes,unless appropriate permits are on file with Auctioneer. Bidder agrees to pay Auctioneer theactual amount of tax due in the event that sales tax is not properly collected due to: 1) an expired,inaccurate, or inappropriate tax certificate or declaration, 2) an incorrect interpretation of theapplicable statute, 3) or any other reason. The appropriate form or certificate must be on file atand verified by Auctioneer five days prior to Auction, or tax must be paid, only if such form orcertificate is received by Auctioneer within 4 days after the Auction can a refund of tax paid bemade. 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 themaximum statutory processing fee set by applicable state law. If you attempt to pay via eCheckand your financial institution denies this transfer from your bank account, or the paymentcannot be completed using the selected funding source, you agree to complete payment usingyour credit card on file.27. If any Auction invoice submitted by Auctioneer is not paid in full when due, the unpaid balancewill bear interest at the highest rate permitted by law from the date of invoice until paid. Anyinvoice not paid when due will bear a three percent (3%) late fee on the invoice amount. If theAuctioneer 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 collectionto its in-house legal staff, such attorney's time expended on the matter shall be compensated ata 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 sellthe lot(s) securing the invoice to any underbidders in the Auction that the lot(s) appeared, or atsubsequent 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 15% seller'scommission, if consigned to an auction conducted by Auctioneer). The defaulting Bidder is liableto 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 15% seller's commissions, if sold at an Auctioneer's auction.29.Auctioneer reserves the right to require payment in full in good funds before delivery of the merchandise.30. Auctioneer shall have a lien against the merchandise purchased by the buyer to secure paymentof the Auction invoice. Auctioneer is further granted a lien and the right to retain possession ofany other property of the buyer then held by the Auctioneer or its affiliates to secure paymentof 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 underArticle 9 of the Texas Uniform Commercial Code, including but not limited to the right of sale(including a 15% seller's commission, if consigned to an auction conducted by Auctioneer). Inaddition, with respect to payment of the Auction invoice(s), the buyer waives any and all rightsof offset he might otherwise have against the Auctioneer and the consignor of the merchandiseincluded on the invoice. If a Bidder owes Auctioneer or its affiliates on any account, Auctioneerand its affiliates shall have the right to offset such unpaid account by any credit balance dueBidder, and it may secure by possessory lien any unpaid amount by any of the Bidder's propertyin their possession..31. Title shall not pass to the successful Bidder until all invoices are paid in full. It is the responsibilityof the buyer to provide adequate insurance coverage for the items once they have been deliveredto a common carrier or third-party shipper.Delivery, Shipping, and Handling Charges:32. Buyer is liable for shipping, handling, registration, and renewal fees, if any. Please refer toAuctioneer's website HA.com/c/shipping.zx for the latest charges or call Auctioneer. Auctioneeris unable to combine purchases from other auctions or affiliates into one package for shippingpurposes. Lots won will be shipped in a commercially reasonable time after payment in good fundsfor the merchandise and the shipping fees is received or credit extended, except when third-partyshipment occurs. Buyer agrees that Service and Handling charges related to shipping items whichare not pre-paid may be charged to the credit card on file with Auctioneer.33. Successful international Bidders shall provide written shipping instructions, including specifiedcustoms 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 premiumand Auctioneer shall use the correct harmonized code for the lot. Domestic Buyers on lotsdesignated for third-party shipment must designate the common carrier, accept risk of loss, andprepay shipping costs.34. All shipping charges will be borne by the successful Bidder. On all domestic shipments, any risk ofloss during shipment will be borne by Heritage until the shipping carrier's confirmation of deliveryto the address of record in Auctioneer's file (carrier's confirmation is conclusive to prove deliveryto Bidder, if the client has a Signature release on file with the carrier, the package is considereddelivered without Signature) or delivery by Heritage to Bidder's selected third-party shipper.On all foreign shipments, any risk of loss during shipment will be borne by the Bidder followingAuctioneer'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 toarrange pick-up and shipping through third-parties, as to such items Auctioneer shall have noliability. Failure to pick-up or arrange shipping in a timely fashion (within ten days) shall subjectLots to storage and moving charges, including a $100 administration fee plus $10 daily storagefor larger items and $5.00 daily for smaller items (storage fee per item) after 35 days. In the eventthe Lot is not removed within ninety days, the Lot may be offered for sale to recover any past duestorage or moving fees, including a 10% Seller's Commission.36A. The laws of various countries regulate the import or export of certain plant and animalproperties, 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 forexport, import, or both. Bidder is responsible for: 1) obtaining all information on such restricteditems for both export and import, 2) obtaining all such licenses and/or permits. Delay or failureto obtain any such license or permit does not relieve the buyer of timely compliance withstandard payment terms. For further information, please contact Ron Brackemyre at 800- 872-6467 ext. 1312.36B. California State law prohibits the importation of any product containing Python skin into theState of California, thus no lot containing Python skin will be shipped to or invoiced to a personor company in California.36C. Auctioneer shall not be liable for any loss caused by or resulting from:a. Seizure or destruction under quarantine or Customs regulation, or confiscation by order of anyGovernment or public authority, or risks of contraband or illegal transportation of trade, orb. Breakage of statuary, marble, glassware, bric-a-brac, porcelains, jewelry, and similar fragilearticles37. Any request for shipping verification for undelivered packages must be made within 30 days ofshipment by Auctioneer.Cataloging, Warranties and Disclaimers:38. NO WARRANTY, WHETHER EXPRESSED OR IMPLIED, IS MADE WITH RESPECT TO ANYDESCRIPTION CONTAINED IN THIS AUCTION OR ANY SECOND OPINE. Any descriptionof the items or second opine contained in this Auction is for the sole purpose of identifying theitems for those Bidders who do not have the opportunity to view the lots prior to bidding, andno description of items has been made part of the basis of the bargain or has created any expresswarranty that the goods would conform to any description made by Auctioneer. Color variationscan be expected in any electronic or printed imaging, and are not grounds for the return ofany lot. NOTE: Auctioneer, in specified auction venues, for example, Fine Art, may have expresswritten 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 byvirtue of consignment agreements on the date of auction and disclaims any warranty of title tothe Property. Auctioneer disclaims any warranty of merchantability or fitness for any particularpurposes. All images, descriptions, sales data, and archival records are the exclusive propertyof Auctioneer, and may be used by Auctioneer for advertising, promotion, archival records, andany other uses deemed appropriate.40. Translations of foreign language documents may be provided as a convenience to interestedparties. Auctioneer makes no representation as to the accuracy of those translations and will notbe 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 inconnection with the sale of any Property by Auctioneer to Bidder. No third party may rely on anybenefit of these Terms and Conditions and any rights, if any, established hereunder are personalto the Bidder and may not be assigned. Any statement made by the Auctioneer is an opinion anddoes not constitute a warranty or representation. No employee of Auctioneer may alter theseTerms and Conditions, and, unless signed by a principal of Auctioneer, any such alteration isnull and void.42. Auctioneer shall not be liable for breakage of glass or damage to frames (patent or latent), suchdefects, 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 expresslyreleases Auctioneer, its officers, directors and employees, its affiliates, and its outside expertsthat provide second opines, from any and all claims, cause of action, chose of action, whether atlaw or equity or any arbitration or mediation rights existing under the rules of any professionalsociety or affiliation based upon the assigned description, or a derivative theory, breach ofwarranty express or implied, representation or other matter set forth within these Terms andConditions of Auction or otherwise. In the event of a claim, Bidder agrees that such rightsand privileges conferred therein are strictly construed as specifically declared herein, e.g.,authenticity, typographical error, etc. and are the exclusive remedy. Bidder, by non-complianceto 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, andsmall items that may be swallowed or ingested or may have latent defects all of which may causeharm to a person. Purchaser accepts all risk of loss or damage from its purchase of these items andAuctioneer disclaims any liability whether under contract or tort for damages and losses, director 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 andConditions 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 bindingarbitration 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 ofany lot. In the event that Auctioneer cannot deliver the lot or subsequently it is established that thelot lacks title, or other transfer or condition issue is claimed, in such cases the sole remedy shall belimited to rescission of sale and refund of the amount paid by Bidder, in no case shall Auctioneer'smaximum liability exceed the high bid on that lot, which bid shall be deemed for all purposes thevalue of the lot. After one year has elapsed, Auctioneer's maximum liability shall be limited to anycommissions and fees Auctioneer earned on that lot.47. In the event of an attribution error, Auctioneer may at its sole discretion, correct the erroron the Internet, or, if discovered at a later date, to refund the buyer's purchase price withoutfurther obligation.48. Exclusive Dispute Resolution Process: All claims, disputes, or controversies in connectionwith, relating to and /or arising out of your Participation in the Auction or purchase of anylot, any interpretation of the Terms and Conditions of Sale or any amendments thereto, anydescription of any lot or condition report, any damage to any lot, any alleged verbal modificationof any term of sale or condition report or description and/or any purported settlement whetherasserted in contract, tort, under Federal or State statute or regulation or any claim made byyou of a lot or your Participation in the auction involving the auction or a specific lot involvinga warranty or representation of a consignor or other person or entity including Auctioneer {which claim you consent to be made a party} (collectively, "Claim") shall be exclusively heardby, and the claimant (or respondent as the case may be) and Heritage each consent to the Claimbeing presented in a confidential binding arbitration before a single arbitrator administratedby and conducted under the rules of, the American Arbitration Association. The locale for allsuch arbitrations shall be Dallas, Texas. The arbitrator's award may be enforced in any court ofcompetent jurisdiction. If a Claim involves a consumer, exclusive subject matter jurisdiction forthe Claim is in the State District Courts of Dallas County, Texas and the consumer consents tosubject matter and in personam jurisdiction, further CONSUMER EXPRESSLY WAIVES ANYRIGHT TO TRIAL BY JURY. A consumer may elect arbitration as specified above. Any claiminvolving the purchase or sale of numismatic or related items may be submitted through bindingPNG arbitration. Any Claim must be brought within two (2) years of the alleged breach, defaultor misrepresentation or the Claim is waived. Exemplary or punitive damages are not permittedand are waived. A Claim is not subject to class certification. Nothing herein shall be construedto extend the time of return or conditions and restrictions for return. This Agreement and anyClaim shall be determined and construed under Texas law. The prevailing party (a party thatis awarded substantial and material relief on its damage claim based on damages sought vs.awarded or the successful defense of a Claim based on damages sought vs. awarded) may beawarded its reasonable attorneys" fees and costs.49. No claims of any kind can be considered after the settlements have been made with theconsignors. Any dispute after the settlement date is strictly between the Bidder and consignorwithout 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 orregistrant) agrees that all disputes in any way relating to, arising under, connected with, orincidental to these Terms and Conditions and purchases, or default in payment thereof, shallbe arbitrated pursuant to the arbitration provision. In the event that any matter includingactions to compel arbitration, construe the agreement, actions in aid or arbitration or otherwiseneeds to be litigated, such litigation shall be exclusively in the Courts of the State of Texas, inDallas County, Texas, and if necessary the corresponding appellate courts. For such actions,the successful Bidder, purchaser, or Auction participant also expressly submits himself to thepersonal jurisdiction of the State of Texas.51. These Terms & Conditions provide specific remedies for occurrences in the auction and deliveryprocess. Where such remedies are afforded, they shall be interpreted strictly. Bidder agreesthat any claim shall utilize such remedies, Bidder making a claim in excess of those remediesprovided in these Terms and Conditions agrees that in no case whatsoever shall Auctioneer'smaximum liability exceed the high bid on that lot, which bid shall be deemed for all purposesthe 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 toutilize the Auctioneer's Auction to obtain sales for non-selling consigned items subsequent tothe Auction, are strictly prohibited. If a subsequent sale of a previously consigned item occurs inviolation of this provision, Auctioneer reserves the right to charge Bidder the applicable Buyer'sPremium and consignor a Seller's Commission as determined for each auction venue and by theterms of the seller's agreement.53. Acceptance of these Terms and Conditions qualifies Bidder as a client who has consented to becontacted by Heritage in the future. In conformity with "do-not-call" regulations promulgatedby the Federal or State regulatory agencies, participation by the Bidder is affirmative consent tobeing contacted at the phone number shown in his application and this consent shall remain ineffect 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 assuch, specific venues have promulgated supplemental Terms and Conditions. Nothing hereinshall be construed to waive the general Terms and Conditions of Auction by these additionalrules 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 CaliforniaCivil Code as amended October 11, 1993 Sec. 1812.600, posted with the California Secretary of Stateits bonds for it and its employees, and the auction is being conducted in compliance with Sec. 2338of 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 toconform to the applicable sections of the New York City Department of Consumer Affairs Rulesand Regulations as Amended. This sale is a Public Auction Sale conducted by Heritage Auctioneers& 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 itself and HeritageNumismatic Auctions, Inc. (for Coins) and Currency Auctions of America, Inc. (for currency). Alllots are subject to: the consignor's rights to bid thereon in accord with these Terms and Conditionsof Sale, consignor's option to receive advances on their consignments, and Auctioneer, in its solediscretion, may offer limited extended financing to registered bidders, in accord with Auctioneer'sinternal credit standards. A registered bidder may inquire whether a lot is subject to an advanceor a reserve. Auctioneer has made advances to various consignors in this sale. On lots bearing anestimate, the term refers to a value range placed on an item by the Auctioneer in its sole opinion butthe 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 herebyprovided that this auction is covered by a Recovery Fund administered by the Texas Department ofLicensing and Regulation, P.O. Box 12157, Austin, Texas 78711 (512) 463-6599. Any complaints maybe 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 claimagainst the auction recovery fund created in Section 4707.25 of the Revised Code as a result of thelicensee's actions, whichever is applicable. Rev.2-9-2015Rev. 8-14-2014Additional Terms & Conditions:MEMORABILIA & HISTORICAL AUCTIONSMEMORABILIA & HISTORICAL TERM A: Signature and Grand Format Auctions of Autographs,Sports Collectibles, Music, Entertainment, Political, Americana, Vintage Movie Posters andPop Culture memorabilia are not on approval. When the lot is accompanied by a Certificate ofAuthenticity (or its equivalent) from an third-party authentication provider, buyer has no rightof return. On lots not accompanied by third-party authentication or under extremely limitedcircumstances not including authenticity (e.g. gross cataloging error), a purchaser who did notbid from the floor may request Auctioneer to evaluate voiding a sale, such request must be madein writing detailing the alleged gross error, and submission of the lot to Auctioneer must bepre-approved by Auctioneer. A Bidder must notify the appropriate department head (check theinside front cover of the catalog or our website for a listing of department heads) in writing of theBidder's request within three (3) days of the non-floor bidder's receipt of the lot. Any lot that is to beevaluated for return must be received in our offices within 35 days after Auction. AFTER THAT 35DAY PERIOD, NO LOT MAY BE RETURNED FOR ANY REASONS. Lots returned must be in thesame condition as when sold and must include any Certificate of Authenticity. No lots purchased byfloor bidders (including those bidders acting as agents for others) may be returned. Late remittancefor 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 originalpurchaser (as shown in Auctioneer's records) "Purchaser". Purchaser may not transfer the rightsafforded under the LOA and it is null and void when Purchaser transfers or attempts to transferthe lot. The LOA warranty is valid from date of the auction in which Purchaser was awardedthe lot to four (4) years after its purchase. The LOA warranty is valid as to its attribution to theperson or entity described or to the lot's usage, e.g. game worn. Claim procedure: Purchaser mustcontact the Auctioneer prior to submission of the lot as to his intent to make a claim and arrangesecure 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 authenticas determined by a known expert in the sports field. If Auctioneer concurs that the lot is not asrepresented, 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 incidentalor consequential damages or other indirect damages. Any lot sold with a certificate of authenticityor other warranty from an entity other than Auctioneer or Heritage's affiliates is subject tosuch issuing entity's rules and such conditions are the sole remedy afforded to purchaser. Forinformation 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 SylvanWay, 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, ifa Bidder intends to challenge, authenticity or provenance of a lot he must notify Auctioneer inwriting within thirty-five (35) days of the Auction's conclusion. Any claim as to provenance orauthenticity must be first transmitted to Auctioneer by credible and definitive evidence or theopine of a qualified third party expert and there is no assurance after such presentment thatAuctioneer will validate the claim. Authentication is not an exact science and contrary opinionsmay not be recognized by Auctioneer. Even if Auctioneer agrees with the contrary opinion of suchauthentication and validates the claim, Auctioneer's liability for reimbursement for any opine byBidder's expert shall not exceed $500. Acceptance of a claim under this provision shall be limited torescission of the sale and refund of purchase price, in no case shall Auctioneer's maximum liabilityexceed 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 theBidder to arrive at their own conclusion prior to bidding.MEMORABILIA & HISTORICAL TERM D: In the event Auctioneer cannot deliver the lot orsubsequently 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 caseshall Auctioneer's maximum liability exceed the high bid on that lot, which bid shall be deemedfor 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 earnedon that lot.MEMORABILIA & HISTORICAL TERM E: On the fall of Auctioneer's hammer, buyer assumes fullrisk and responsibility for lot, including shipment by common carrier, and must provide their owninsurance coverage for shipments.MEMORABILIA & HISTORICAL TERM F: Auctioneer complies with all Federal and State rulesand regulations relating to the purchasing, registration and shipping of firearms. A purchaser isrequired to provide appropriate documents and the payment of associated fees, if any. Purchaser isresponsible for providing a shipping address that is suitable for the receipt of a firearm.MEMORABILIA & HISTORICAL TERM G: Firearms. All firearms, antique, modern, or collectible,are sold "AS IS". Auctioneer has not inspected the lot for damage or defect patent or latent thatmay affect the firing or attempted firing of the lot. Purchaser assumes the obligation to inspectthe lot before an attempted firing. Auctioneer suggests that each lot be thoroughly inspected bya professional gunsmith. Heritage specifically disclaims any warranty of fitness for a particularpurpose or any warranty express or implied or otherwise stated. Auctioneer disclaims any liabilitypertaining to the lot. Purchaser assumes all RISK of LOSS in the handling of the firearm.MEMORABILIA AND HISTORICAL TERM H: Screen Shot. Screen shots included in the catalog oron the Heritage Internet are provided for reference only. Important Notice: Many identical versionsof props and costumes are created for film and television productions in the normal course of aproduction. Heritage does not warrant or represent that the screen shots referenced are exactimages of the offered item (unless specifically noted in the written description). Use of a screenshot does not constitute a warranty or representation of authenticity or provenance. There is not aright of return or refund based upon a claim arising out of or pertaining to any reference to ascreen shot.SPECIAL TERM I - GUITARS: Bidders are urged to make a personal inspection of any guitar thatthey intend to bid on as there is a limited right of return. Heritage makes a visual inspection ofthe guitars to determine whether there are patent defects and whether the date and manufacturercorresponds to the description. Returns are not accepted for latent defects, structural issues, ormechanical and sound reproduction issues. It should be assumed that set up, adjustments andnormal maintenance are necessary.MEMORABILIA & HISTORICAL TERM J: Financing. Auctioneer offers various extended paymentoptions to qualified pre-approved persons and companies. The options include Extended PaymentPrograms (EPP) Flexible Payment Program (FPP) and Dealer Terms. Each program has its specificterms and conditions and such terms and conditions are strictly enforced. Each program has to beexecuted by the purchaser. Auctioneer reserves the right to alter or deny credit and in such casethese auction terms shall control.For wiring instructions call the Credit department at 877-HERITAGE (437-4824)or e-mail: CreditDept@HA.comRev.3-23-2015Rev.8-14-2014Additional Terms & Conditions:FINE & DECORATIVE ARTS AUCTIONSFINE AND DECORATIVE ARTS TERM A: LIMITED WARRANTY: Auctioneer warrantsauthorship, period or culture of each lot sold in this catalog as set out in the BOLD-face typeheading in the catalog description of the lot, with the following exclusions. This warranty doesnot apply to:i. authorship of any paintings, drawings or sculpture created prior to 1870, unless the lot isdetermined to be a counterfeit which has a value at the date of the claim for rescission which ismaterially less than the purchase price paid for the lot, orii. any catalog description where it was specifically mentioned that there is a conflict of specialistopinion on the authorship of a lot, oriii. authorship which on the date of sale was in accordance with the then generally acceptedopinion 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, oriv. the identification of periods or dates of execution which may be proven inaccurate by meansof scientific processes not generally accepted for use until after publication of the catalog, orwhich were unreasonably expensive or impractical to use at the time of publication of thecatalog.The term counterfeit is defined as a modern fake or forgery, made less than fift y years agowith the intent to deceive. The authenticity of signatures, monograms, initials or other similarindications of authorship is expressly excluded as a controlling factor in determining whethera 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 cataloghave the following meanings. Please note that all statements in this catalog, excluding thosein BOLD-face type, regarding authorship, attribution, origin, date, age, provenance andcondition 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 MORANIn our opinion, the work is of the period of the artist which may be whole or in part thework of the artist.3. STUDIO, (CIRCLE OR WORKSHOP) OF THOMAS MORANIn our opinion, the work is of the period and closely relates to his style.4. SCHOOL OF THOMAS MORANIn our opinion, the work is by a pupil or a follower of the artist.5. MANNER OF THOMAS MORANIn our opinion, the work is in the style of the artist and is of a later period.6. AFTER THOMAS MORANIn our opinion, this work is a copy of the artist.7. ASCRIBED TO THOMAS MORANIn our opinion, this work is not by the artist, however, previous scholarship has noted this tobe 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 isprovided for a period of one (1) year from the date of the auction and is only for the benefit ofthe original purchaser of record and is not transferable.FINE AND DECORATIVE ARTS TERM D: The Auction is not on approval. Under extremelylimited circumstances (e.g. gross cataloging error), not including attributions in BOLD-facetype, which are addressed in Term F below, a purchaser who did not bid from the floor mayrequest Auctioneer to evaluate voiding a sale, such request must be made in writing detailingthe alleged gross error, and submission of the lot to Auctioneer must be pre-approved byAuctioneer. A bidder must notify the appropriate department head (check the inside frontcover of the catalog or our website for a listing of department heads) in writing of thepurchaser's request within three (3) days of the non-floor bidder's receipt of the lot. Any lotthat 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. Lotsreturned must be in the same condition as when sold and must include any Certificate ofAuthenticity. No lots purchased by floor bidders (including those bidders acting as agents forothers) may be returned. Late remittance for purchases may be considered just cause to revokeall return privileges.FINE AND DECORATIVE ARTS TERM E: The catalog descriptions are provided for identificationpurposes only. Bidders who intend to challenge a BOLD-face provision in the description ofa lot must notify Auctioneer in writing within forty (40) days of the Auction's conclusion. Inthe event Auctioneer cannot deliver the lot or subsequently it is established that the lot lackstitle or the BOLD-face section of description is incorrect, or other transfer or condition issueis claimed, Auctioneer's liability shall be limited to rescission of sale and refund of purchaseprice. 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 fromthe close of the Auction, Auctioneer's maximum liability shall be limited to any commissionsand fees Auctioneer e arned 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 orotherwise must be first transmitted to Auctioneer by credible and definitive evidence withinthe applicable claim period. Auctioneer, in processing the written claim, may require thePurchaser to obtain the written opinion of two recognized experts in the field who aremutually accepted by Auctioneer and Purchaser. Upon receipt of the two opinions, Auctioneershall determine whether to rescind the sale. The Purchaser's claim must be presented inaccord with the remedies provided herein and is subject to the limitations and restrictionsprovided (including within the described time limitations). Regardless of Purchaser'ssubmissions there is no assurance after such presentment that Auctioneer will validate theclaim. Authentication is not an exact science and contrary opinions may not be recognizedby Auctioneer. Even if Auctioneer agrees with the contrary opinion of such authenticationand provides a remedy within these Terms and Conditions or otherwise, our liability forreimbursement 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 applicablelaw, does not extend to authorship of any lot which at the date of Auction was in accordancewith the then generally accepted opinion of scholars and specialists, despite the subsequentdiscovery of new information, whether historical or physical, concerning the artist, hisstudents, school, workshop or followers. Purchaser by placing a bid expressly waives anyclaim or damage based on such subsequent information as described herein. It is specificallyunderstood that any refund agreed to by the Auctioneer would be limited to the purchaseprice.FINE AND DECORATIVE ARTS TERM G: Provenance and authenticity, excluding attributions inBOLD-face type, are guaranteed by neither the consignor nor Auctioneer. While every effortis made to determine provenance and authenticity, it is the responsibility of the Bidder toarrive at their own conclusion prior to bidding.FINE AND DECORATIVE ARTS TERM H: On the fall of Auctioneer's hammer, Buyers of Fine Artsand Decorative Arts lots assumes full risk and responsibility for lot, including shipment bycommon carrier or third-party shipper, and must provide their own insurance coverage forshipments.FINE AND DECORATIVE ARTS TERM I: Auctioneer complies with all Federal and State rulesand regulations relating to the purchasing, registration and shipping of firearms. A purchaseris 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 afirearm.FINE AND DECORATIVE ARTS TERM J: Right of Inspection and Return on Certain Lots.Framed Lots estimated at $1000 or less shall not be unframed for inspection and may not bereturned based on condition and are sold "AS IS".Further to paragraph 36A in the Terms and Conditions of Auction, please note that itemscontaining ivory may not be shipped internationally or in some cases, domestically. By placinga bid the bidder acknowledges that he is aware of the restriction and takes responsibility inobtaining and paying for any license or permits relevant to the delivery of the product. HeritageAuctions does not accept liability for errors or for failure to mark lots containing protected orregulated species.Heritage Auctions strongly encourages in-person inspection of lots by the Bidder. While Heritageis not obligated to provide a condition report of each lot, Bidders may feel free to contact thedepartment for a Condition Report, and Heritage will attempt to furnish one, but shall not be liablefor failing to do so. Condition is often detailed online, but is not included in our catalogues. TheBidder should review online descriptions, as the descriptions supersede catalog descriptions andany condition reports otherwise provided. Heritage condition statements whether appearing inthe catalog, online, or at a person's request are based on a visual inspection and are for guidanceonly and should not be relied upon as statements of fact, and do not constitute a representation,warranty, or assumption of liability by Heritage. Please note that we do not de-frame lots estimatedat $1,000 or less and may not be able to provide additional details for lots valued under $500. Alllots offered regardless of a condition report are sold "AS IS".For wiring instructions call the Credit department at 877-HERITAGE (437-4824)or e-mail: CreditDept@HA.comAdditional Terms & Conditions:SPORTS COLLECTIBLES AUCTIONSSPORTS COLLECTIBLES TERM A: Signature Auctions are not on approval. No certified material maybe returned because of possible differences of opinion with respect to the grade offered by any thirdpartyorganization, dealer, or service. No guarantee of grade is offered for uncertified Property soldand subsequently submitted to a third-party grading service. There are absolutely no exceptions tothis policy. Under extremely limited circumstances, (e.g. gross cataloging error) a purchaser, whodid not bid from the floor, may request Auctioneer to evaluate voiding a sale, such request mustbe made in writing detailing the alleged gross error, and submission of the lot to the Auctioneermust 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) inwriting of such request within three (3) days of the mail bidder's receipt of the lot. Any lot that is tobe evaluated must be in our offices within 30 days after Auction. Grading does not qualify for thisevaluation 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 THANAUTHENTICITY. Lots returned must be housed intact in the original holder. No lots purchased byfloor Bidders (including those Bidders acting as agents for others) may be returned. Late remittancefor purchases may be considered just cause to revoke all return privileges.SPORTS COLLECTIBLES TERM B: Auctions conducted solely on the Sunday Internet Sales THREE(3) DAY RETURN POLICY. All lots paid for within seven days of the Sunday Internet-only Auctionclosing are sold with a three (3) day return privilege. You may return lots under the followingconditions: Within three days of receipt of the lot, you must first notify Auctioneer by contactingClient Service by phone (877-HERITAGE (437-4824)) or e-mail (Bid@HA.com), and immediatelymail 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. Youare responsible for the insured, safe delivery of any lots. A non-negotiable return fee of 5% of thepurchase price ($10 per lot minimum) will be deducted from the refund for each returned lotor billed directly. Postage and handling fees are not refunded. After the three-day period (fromreceipt), no items may be returned for any reason. Late remittance for purchases revokes all Returnprivileges. The return policy for all other sports auctions including Signature Sales and SignatureInternet Sessions remain as stated in the standard Terms and Condition of Auction which precedesthe Special terms section.SPORTS COLLECTIBLES TERM C: Bidders who have inspected the lots or had the opportunity toInspect 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 aresold "as is" without any express or implied warranty. Certain warranties may be available fromthe grading services and the Bidder is referred to them for further details: Professional SportsAuthenticator (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") issuedby Auctioneer or its Heritage affiliates, that warranty inures only to the original purchaser (asshown in Auctioneer's records) "Purchaser". Purchaser may not transfer the rights afforded underthe LOA and it is null and void when Purchaser transfers or attempts to transfer the lot. The LOAwarranty is valid from date of the auction in which Purchaser was awarded the lot to four (4) yearsafter its purchase. The LOA warranty is valid as to its attribution to the person or entity describedor to the lot's usage, e.g. game worn. Claim procedure: Purchaser must contact the Auctioneerprior to submission of the lot as to his intent to make a claim and arrange secure shipment. If a lot'sauthenticity is questioned by Purchaser within the warranty period, Purchaser must present withthe claim, authoritative written evidence that the lot is not authentic as determined by a knownexpert in the sports field. If Auctioneer concurs that the lot is not as represented, Purchaser shallbe refunded their purchase price. If the Auctioneer denies the claim, the Purchaser may file thedispute with the American Arbitration Association with locale in Dallas, Texas, before a singlearbitration under expedited rules. The LOA does not provide for incidental or consequentialdamages or other indirect damages. Any lot sold with a certificate of authenticity or other warrantyfrom an entity other than Auctioneer or Heritage's affiliates is subject to such issuing entity's rulesand such conditions are the sole remedy afforded to purchaser. For information as to third partyauthentication warranties the bidder is directed to: PSA/DNA, P.O. Box 6180 Newport Beach, CA92658 (800) 325-1121. James Spence Authentication (JSA), 2 Sylvan Way, Suite 102 Parsippany, NJ07054 (888) 457-7362, or as otherwise noted on the Certificate.SPORTS COLLECTIBLES TERM F: Bidders who intend to challenge authenticity or provenance of alot must notify Auctioneer in writing within thirty (30) days of the Auction's conclusion. In theevent 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 shallbe limited to rescission of sale and refund of purchase price, in no case shall Auctioneer's maximumliability exceed the high bid on that lot, which bid shall be deemed for all purposes the value of thelot. After one year has elapsed, Auctioneer's maximum liability shall be limited to any commissionsand fees Auctioneer earned on that lot.SPORTS COLLECTIBLES TERM G: Auctioneer shall not be liable for any patent or latent defect orcontroversy 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, differinginterpretations, and to possible mishandling of items by subsequent owners, Auctioneer reservesthe right to grade items differently than shown on certificates from any grading service thataccompany the items. Auctioneer also reserves the right to grade items differently than the gradesshown 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-partyservices, it should be noted as aforesaid that grading is not an exact science. In fact, it is entirelypossible that if a lot is broken out of a plastic holder and resubmitted to another grading service oreven to the same service, the lot could come back with a different grade assigned.SPORTS COLLECTIBLES TERM J: Financing. Auctioneer offers various extended payment options toqualified pre-approved persons and companies. The options include Extended Payment Programs(EPP) Flexible Payment Program (FPP) and Dealer Terms. Each program has its specific terms andconditions and such terms and conditions are strictly enforced. Each program has to be executedby the purchaser. Auctioneer reserves the right to alter or deny credit and in such case these auctionterms shall control.For wiring instructions call the Credit department at 877-HERITAGE (437-4824)or e-mail: CreditDept@HA.comRev.10-14-2014Additional Terms & Conditions:COMICS, COMIC ART, & ANIMATION ART AUCTIONSCOMICS, COMIC ART, & ANIMATION ART TERM A: Signature Auctions are not on approval.No certified material may be returned because of possible differences of opinion with respect tothe grade offered by any third-party organization, dealer, or service. No guarantee of grade isoffered 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 toevaluate voiding a sale, such request must be made in writing detailing the alleged gross error, andsubmission of the lot to the Auctioneer must be pre-approved by the Auctioneer. A bidder mustnotify the appropriate department head (check the inside front cover of the catalog or our websitefor a listing of department heads) in writing of such request within three (3) days of the non-floorbidder's receipt of the lot. Any lot that is to be evaluated must be in our offices within 30 days afterAuction. Grading does not qualify for this evaluation process nor do such complaints constitutea basis to challenge the authenticity of a lot. AFTER THAT 30-DAY PERIOD, NO LOTS MAY BERETURNED FOR REASONS OTHER THAN AUTHENTICITY. Lots returned must be housed intactin the original holder. No lots purchased by floor Bidders may be returned (including those Biddersacting as agents for others). Late remittance for purchases may be considered just cause to revoke allreturn privileges.COMICS, COMIC ART, & ANIMATION ART TERM B: Auctions conducted solely on the Internethave a THREE (3) DAY RETURN POLICY: Lots paid for within seven days of the Auction closingare 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 Serviceby phone (877-HERITAGE (437-4824)) 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 theinsured, safe delivery of any lots. A non-negotiable return fee of 5% of the purchase price ($10 perlot minimum) will be deducted from the refund for each returned lot or billed directly. Postage andhandling fees are not refunded. After the three-day period (from receipt), no items may be returnedfor any reason. Late remittance for purchases revokes all Return-Restock privileges.COMICS, COMIC ART, & ANIMATION ART TERM C: Bidders who have inspected the lots prior to theauction will not be granted any return privileges.COMICS, COMIC ART, & ANIMATION ART TERM D: Comic books sold referencing a third-partygrading service are sold "as is" without any express or implied warranty. Certain warranties may beavailable from the grading services and the Bidder is referred to them for further details: CertifiedGuaranty Company, LLC (CGC), P.O. Box 4738, Sarasota, FL 34230, Comic Book CertificationService (CBCS), P.O. Box 33048, Saint Petersburg, FL 33733-8048.COMICS, COMIC ART, & ANIMATION ART TERM E: Bidders who intend to challenge authenticityor provenance of a lot must notify Auctioneer in writing within thirty (30) days of the Auction'sconclusion. In the event Auctioneer cannot deliver the lot or subsequently it is established that thelot lacks title, provenance, authenticity, or other transfer or condition issue is claimed, Auctioneer'sliability shall be limited to rescission of sale and refund of purchase price, in no case shallAuctioneer's maximum liability exceed the high bid on that lot, which bid shall be deemed for allpurposes the value of the lot. After one year has elapsed, Auctioneer's maximum liability shall belimited to any commissions and fees Auctioneer earned on that lot.COMICS, COMIC ART, & ANIMATION ART TERM F: All comics are guaranteed genuine, but are notguaranteed as to grade, since grading is a matter of opinion, an art and not a science, and thereforethe opinion rendered by the Auctioneer or any third party grading service may not agree with theopinion of others (including trained experts), and the same expert may not grade the same itemwith the same grade at two different times.COMICS, COMIC ART, & ANIMATION ART TERM G: Since we cannot examine encapsulatedcomics, 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 arisingfrom any encapsulated collectible. In any such instance, purchaser's remedy, if any, shall be solelyagainst the service certifying the collectible.COMICS, COMIC ART, & ANIMATION ART TERM H: Due to changing grading standards over time,differing interpretations, and to possible mishandling of items by subsequent owners, Auctioneerreserves the right to grade items differently than shown on certificates from any grading servicethat accompany the items. Auctioneer also reserves the right to grade items differently than thegrades shown in the prior catalog should such items be reconsigned to any future auction.COMICS, COMIC ART, & ANIMATION ART TERM I: Although consensus grading is employed bymost grading services, it should be noted as aforesaid that grading is not an exact science. In fact, itis entirely possible that if a lot is broken out of a plastic holder and resubmitted to another gradingservice or even to the same service, the lot could come back with a different grade assigned.COMICS, COMIC ART, & ANIMATION ART TERM J: Certification does not guarantee protectionagainst the normal risks associated with potentially volatile markets. The degree of liquidityfor certified collectibles will vary according to general market conditions and the particular lotinvolved. For some lots there may be no active market at all at certain points in time.COMICS, COMIC ART, & ANIMATION ART K: Financing. Auctioneer offers various extended paymentoptions to qualified pre-approved persons and companies. The options include Extended PaymentPrograms (EPP) Flexible Payment Program (FPP) and Dealer Terms. Each program has its specificterms and conditions and such terms and conditions are strictly enforced. Each program has to beexecuted by the purchaser. Auctioneer reserves the right to alter or deny credit and in such casethese auction terms shall control.For wiring instructions call the Credit department at 877-HERITAGE (437-4824)or e-mail: CreditDept@HA.comRev.3-30-2015Additional Terms & Conditions:JEWELRY, WATCH & LUXURY ACCESSORY AUCTIONSJEWELRY, WATCH & LUXURY ACCESSORY TERM A: JEWELRY: As most jewelry sold at auction hasbeen worn, and may have been previously repaired, altered, or embellished, ALL LOTS are sold ASIS. Such wear, repairs or changes may display varying levels of evidence, so it is the responsibility ofeach prospective bidder to fully inspect each lot before bidding and rely upon their own judgmentprior to placing a bid. Bidder acknowledges that the absence of any reference to their condition doesnot imply the absence of wear, repairs, or defects.JEWELRY, WATCH & LUXURY ACCESSORY TERM B: WATCHES: As most watches sold at auctionhave been worn, and may have been previously repaired, altered, or embellished, ALL LOTSare sold AS IS. Such wear, repairs or changes may display varying levels of evidence, so it is theresponsibility of each prospective bidder to fully inspect each lot before bidding and rely upontheir own judgment prior to placing a bid. Bidder acknowledges that the absence of any reference totheir condition does not imply the absence of wear, repairs, or defects. No item shall be consideredeligible for return unless its original Heritage security tag remains attached and intact.JEWELRY, WATCH & LUXURY ACCESSORY TERM C: All descriptions and statements in thiscatalog and subsequent invoices regarding measurement, authorship, source or origin, or otheraspects are qualified opines and do not constitute a warranty or representation, and are providedfor identification purposes only. Auctioneer warrants only such authorship, period or culture ofeach lot is as set out in the BOLD faced type heading in the catalog description of the lot, withthe following exclusions: this warranty does not apply to any catalog description where it wasspecifically mentioned that there is a conflict of specialist opinion on the authorship of a lot, orauthorship which on the date of Auction was in accordance with the then generally acceptedopinion of scholars and specialists, despite the subsequent discovery of new information, whetherhistorical or physical, concerning the artist or craftsman, his students, school, workshop orfollowers, or opines which may be proven inaccurate by means of scientific processes not generallyaccepted for use or which were unreasonably expensive or impractical to use at the time ofpublication 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 andis not transferable, and any claim regarding a bold-faced provision must be accompanied by twowritten letters by independent and authorized appraisers in support of the claim. It is specificallyunderstood that any refund agreed to by the Auctioneer would be limited to the purchase price.JEWELRY, WATCH & LUXURY ACCESSORY TERM D: The Auction is not on approval. Underextremely limited circumstances not including authenticity (e.g. gross cataloging error), apurchaser who did not bid from the floor may request Auctioneer to evaluate voiding a sale, suchrequest must be made in writing detailing the alleged gross error, and submission of the lot toAuctioneer must be pre-approved by Auctioneer. A bidder must notify the appropriate departmenthead (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 thelot. Any lot that is to be evaluated for return must be received in our offices within 30 days afterAuction. 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 ofAuthenticity. No lots purchased by floor bidders may be returned (including those bidders acting asagents for others). Late remittance for purchases may be considered just cause to revoke all returnprivileges.JEWELRY, WATCH & LUXURY ACCESSORY TERM E: Pre-auction estimates of value or "biddingestimates" are opines provided solely as a convenience to clients, and should only be used asapproximations of current market value. Estimates do not include Buyer's Premiums or sales tax.JEWELRY, WATCH & LUXURY ACCESSORY TERM F: In the event Auctioneer cannot deliver the lotor subsequently it is established that the lot lacks title or the bold faced section of description isincorrect, or other transfer or condition issue is claimed, Auctioneer's liability shall be limited torescission of sale and refund of purchase price, in no case shall Auctioneer's maximum liabilityexceed the high bid on that lot, which bid shall be deemed for all purposes the value of the lot. Afterone year has elapsed, Auctioneer's maximum liability shall be limited to any commissions and feesAuctioneer earned on that lot.JEWELRY, WATCH & LUXURY ACCESSORY TERM G: Provenance and authenticity are notguaranteed by the consignor or the Auctioneer. While every effort is made to determine provenanceand authenticity, it is the responsibility of the Bidder to arrive at their own conclusion prior tobidding. Provenance or other information regarding history of ownership may be provided ifknown, or may be excluded at the request of the consignor.JEWELRY, WATCH & LUXURY ACCESSORY TERM H: On the fall of Auctioneer's hammer, Buyersassume full risk and responsibility for lot, including shipment by common carrier or third-partyshipper, and must provide their own insurance coverage for shipments.JEWELRY, WATCH & LUXURY ACCESSORY TERM I: Watches in waterproof and water-resistantcases have been opened to identify type and condition. Auctioneer cannot guarantee that thewatches are waterproof or water-resistant at the time of purchase. Buyers are advised to have thewatches checked by a competent watchmaker with respect to such attributes.JEWELRY, WATCH & LUXURY ACCESSORY TERM J: All dimensions in catalog descriptions areapproximate.JEWELRY, WATCH & LUXURY ACCESSORY TERM K: Condition reports are provided as a serviceto clients. Buyers should note that descriptions of property are not warranties and that watchesmay need general service, change of battery or further repair work for which the buyer is solelyresponsible.JEWELRY, WATCH & LUXURY ACCESSORY 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 certaincountries.JEWELRY, WATCH & LUXURY ACCESSORY TERM M: Any property made of or incorporatingendangered or protected species or wildlife may have import and export restrictions establishedby the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES).These items are not available to ship Internationally or in some cases, domestically. By placing a bidthe bidder acknowledges that he is aware of the restriction and takes responsibility in obtaining andpaying for any license or permits relevant to delivery of the product. Lots containing potentiallyregulated wildlife material are noted in the description as a convenience to our clients. HeritageAuctions does not accept liability for errors or for failure to mark lots containing protected orregulated species.JEWELRY, WATCH & LUXURY ACCESSORY TERM N: Descriptions of Handbags, Purses, andWallets may denote that the hardware is "gold" or 'silver". Such terms refer to the metal color ofthe hardware, rather than that the hardware is made of a precious metal. Unless there is specificmention as to carat weight or precious metal weight of the hardware, all descriptions using theterms "gold" or 'silver" are descriptive of color of the hardware, not a reference to the hardwarebeing made or platted with a precious metal.JEWELRY, WATCH & LUXURY ACCESSORY TERM O: California State law prohibits the importationof any product containing Python skin into the State of California, thus no lot containing Pythonskin will be shipped to or invoiced to a person or company in California.For wiring instructions call the Credit department at 877-HERITAGE (437-4824)or e-mail: CreditDept@HA.comRev.3-25-2015Additional Terms & ConditionsWINE AUCTIONSWINE AUCTION TERM A: Bidder's Age: You must be at least 21 years of age to participate in ourauctions.WINE AUCTION TERM B: Descriptions: While Auctioneer has attempted to describe all propertyas 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 thedescriptions, encompassing but not limited to, vintage, provenance, authenticity, quality andcondition as may be stated on the site. Any and all statements made relating to the propertyoffered on the site are merely statement of opinion and at no time can be construed as warrantiesand representations of fact or assumptions of any liability on the part of Auctioneer. Auctioneerreserves the right to amend the description of any lot by means of an announcement either oralor 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 allwine sealed with natural corks are ruined because of a natural fungus in corkwood that producesthe chemical compound trichloroanisole. In almost all cases of "corked" wine, the aroma of thewine is reduced significantly, and a heavily tainted wine is completely undrinkable. Since all ofour wine is consigned, and much of it very rare, we cannot replace wines that have been ruinedbecause 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 or shipmentupon Buyer's payment of the purchase price and prepaid shipping charges. Please note that dueto the temperature-sensitivity of wine and complicated wine shipping regulations, we do notautomatically ship wine lots. Please contact the Wine department at WineAuctionShipping@HA.com or (310) 492-8635 to make your shipping arrangements. All lots are delivered by Buyer'spreferred 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. Buyers need to be aware that many states impose restrictions on thequantity 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 stateoutside 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 Buyertakes place at Auctioneer's California facility. Risk of Loss passed to Buyer upon Auctioneer'sdetermination of the winning bid. Auctioneer will not reimburse Buyers for lost or damagedshipments. Auctioneer will take precautions to package the wine according to industry standardsto minimize the possibility of damage. Auctioneer does not cover any loss or damage due toexposure to temperature variations, shipping delays or defect in or failure of any cork or otherbottle closure.WINE AUCTION TERM G: Shipment outside of California: The primary means of distribution willbe common carrier. All wines are to be sold in California by Seller and title passes to Buyer inCalifornia. Auctioneer makes no representation as to the rights of anyone to import wine intoany state that restricts the personal importation of wine, the wine will be held at Auctioneer'sfacility on behalf of Buyer until Buyer makes arrangements to ship the lot to an address in a statethat 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 chargesof $10.00 per case or partial case per month. Charges will be applied on the first day of thesubsequent month and each month thereafter. Wines will not be released or shipped to customersuntil 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 measurethe levels of older vintages, corks more than twenty (20) years old begin to lose their elasticityand levels can change between cataloging and sale. Old corks occasionally fail during or aftershipment. 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 andholds Type 17 and 20 licenses No 5000295.WINE AUCTION TERM K: Financing. Auctioneer offers various extended payment options toqualified pre-approved persons and companies. The options include Extended Payment Programs(EPP) Flexible Payment Program (FPP) and Dealer Terms. Each program has its specific terms andconditions and such terms and conditions are strictly enforced. Each program has to be executedby the purchaser. Auctioneer reserves the right to alter or deny credit and in such case theseauction terms shall control.For wiring instructions call the Credit department at 877-HERITAGE (437-4824)or e-mail: CreditDept@HA.comRev.8-14-2014Additional Terms & ConditionsDOMAIN NAMES & INTELLECTUAL PROPERTY AUCTIONSDOMAIN NAMES & INTELLECTUAL PROPERTY TERM A: A domain name must be registeredwith the current domain registrar for at least 60 days before being transferred to anotherregistrar. Transfers within the current registrar are not limited. Heritage will facilitate thetransfer of domains from the consignor, and, separately, to the Buyer. Transfer of domainownership may take up to 14 days after payment has been verified. Any transfer and/or renewalfees (which vary by registrar) are to be paid by the Buyer to the registrar.DOMAIN NAMES & INTELLECTUAL PROPERTY TERM B: If the change of ownership cannot becompleted for any reason, Buyer acknowledges and agrees that Auctioneer shall have no liabilityor responsibility regarding the same. In the event that the domain name cannot be registeredwith any registrar through no fault of the Buyer and settlement with the consignor has beenmade, any action to rescind or negate the purchase shall be solely between the Buyer and theconsignor.DOMAIN NAMES & INTELLECTUAL PROPERTY TERM C: Statistics about domains may beprovided by Auctioneer in the catalog and online descriptions (e.g. Google Search Results,Google PPC Rate, Domain Age, Year of Registration, traffic and earnings statements, etc.). Thisinformation was valid to the best of Auctioneer's belief based upon third-party information at thetime of cataloging, and does not represent a guarantee in any way.DOMAIN NAMES & INTELLECTUAL PROPERTY TERM D: Buyer is responsible for ensuring thatyour use of the domain name does not infringe upon any third-party rights, relevant laws, orregulations.DOMAIN NAMES & INTELLECTUAL PROPERTY TERM E: Buyer agrees that country code toplevel domain names ("ccTLDs") may have unique requirements for ownership. Before you bid onany ccTLD, you should review the registry rules, policies, and agreements for the ccTLD to ensurethat you can be in compliance with all eligibility requirements.DOMAIN NAMES & INTELLECTUAL PROPERTY TERM F: Buyer shall in all registrationprocesses accurately complete the application form(s) throughout the process, and Auctioneerand consignor shall not be liable for any false or misleading information provided in theapplication processDOMAIN NAMES & INTELLECTUAL PROPERTY TERM G: S To the extent that the Properties aresubject to dispute resolution either under the "UDRP" or the "DMCA", Buyer agrees to be joinedinto such dispute resolution procedures as a party and/or with the consignor. If there is a disputeby the Buyer as to his election of registrar, neither the consignor nor Auctioneer shall be involvedin that dispute resolution.For wiring instructions call the Credit department at 877-HERITAGE (437-4824)or e-mail: CreditDept@HA.comRev.11-12-13New York State Auctions OnlyNotice as to an Auction in New York City. These Terms and Conditions of Sale are designedto conform to the applicable sections of the New York City Department of Consumer AffairsRules and Regulations as Amended. This sale is a Public Auction Sale conducted by HeritageAuctioneers & Galleries, Inc. #1364738. The New York City licensed auctioneers are: SamuelFoose 0952360, Robert Korver 1096338, Kathleen Guzman 0762165, Michael J. Sadler 1304630,Scott Peterson 1306933, Andrea Voss 1320558, Nicholas Dawes 1304724, Ed Beardsley 1183220,Bob Merrill 1473403, Paul Minshull 2001161, Fiona Elias 2001163, Brian Nalley 2001162,Jennifer Marsh 2009623, Alissa Ford 2009565, who will conduct the Sale on behalf of itselfand Heritage Auctioneers & Galleries, Inc. All lots are subject to: the consignor's rights tobid thereon in accord with these Terms and Conditions of Sale, consignor's option to receiveadvances on their consignments, and Auctioneer, in its sole discretion, may offer limitedextended financing to registered bidders, in accord with Auctioneer's internal credit standardsor receive a guaranty. A registered bidder may inquire whether a lot is subject to an advance, areserve, or a guaranty. Auctioneer has made advances to various consignors in this sale and aguaranty. On lots bearing an estimate, the term refers to a value range placed on an item by theAuctioneer in its sole opinion but the final price is determined by the bidders. Rev 3-23-2015