Auctioneer 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 Sports
Auctions, Inc., or Currency Auctions of America, Inc., as identified with the applicable licensing
information on the title page of the catalog or on the HA.com Internet site (the “Auctioneer”).
The Auction is conducted under these Terms and Conditions of Auction and applicable state
and local law. Announcements and corrections from the podium and those made through the
Terms and Conditions of Auctions appearing on the Internet at HA.com supersede those in the
printed catalog.
Buyer’s Premium:
2. 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 Auction
lots, except for Gallery Auction lots as noted below;
• Nineteen and one-half percent (19.5%) on Comic, Movie Poster, Sports Collectibles, and Gallery
Auction (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 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; HeritageLive! 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. In order to place bids, Bidders who have not established credit with the Auctioneer must either
furnish satisfactory credit information (including two collectibles-related business references)
or supply valid credit card information along with a social security number, well in advance of
the Auction. 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 preregister
at least 48 hours before the start of the first session (exclusive of holidays or weekends) to allow
adequate 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 of
their established credit history may be required to provide their social security number or the
last four digits thereof so a credit check may be performed prior to Auctioneer’s acceptance of a
bid. Check writing privileges and immediate delivery of merchandise may also be determined
by pre-approval of credit based on a combination of criteria: HA.com history, related industry
references, bank verification, a credit bureau report and/or a personal guarantee for a corporate
or 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 the
printed catalog section entitled “Choose your bidding method.” For auctions held solely on
the Internet, see the alternatives on HA.com. Review at http://www.ha.com/c/ref/web-tips.
zx#biddingTutorial.
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: 214-409-1425); 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 for Signature auctions; Internet-only
auction bidding increments are approximately half of these amounts
(see HA.com/c/ref/web-tips.zx#guidelines-increments).
Current Bid...............Bid Increment
< - $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
Current Bid...............Bid Increment
$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 - $4,999,999...... $100,000
$5,000,000- $9,999,999....... $250,000
>$10,000,000........................... $500,000
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. Auctioneer reserves
the right after the hammer fall to accept bids and reopen bidding for bids placed through the
Internet or otherwise.
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 877-HERITAGE (437-4824).
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, and are subject to all
reporting requirements). All deliveries are subject to good funds; funds being received in
Auctioneer’s account before delivery of the Purchases; and all payments are subject to a clearing
period. Auctioneer reserves the right to determine if a check constitutes “good funds”: checks
drawn on a U.S. bank are subject to a ten business day hold, and thirty days when drawn on an
international bank. Clients with pre-arranged credit status may receive immediate credit for
payments via eCheck, personal or corporate checks. All others will be subject to a hold of 5
days, or more, for the funds to clear prior to releasing merchandise. (ref. T&C item 7 Credit for
additional information.) Payments can be made 24-48 hours post auction from the My Orders
page 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 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 there is no sales tax on coins in Texas) Bidder
agrees to pay Auctioneer the actual amount of tax due in the event that sales tax is not properly
collected due to: 1) an expired, inaccurate, inappropriate tax certificate or declaration, 2) an
incorrect interpretation of the applicable statute, 3) or any other reason. The appropriate form
or certificate must be on file at and verified by Auctioneer five days prior to Auction or tax must
be paid; only if such form or certificate is received by Auctioneer within 4 days after the Auction
can a refund of tax paid be made. Lots from different Auctions may not be aggregated for sales
tax purposes.
26. In the event that a Bidder’s payment is dishonored upon presentment(s), Bidder shall pay the
maximum statutory processing fee set by applicable state law. If you attempt to pay via eCheck
and your financial institution denies this transfer from your bank account, or the payment
cannot be completed using the selected funding source, you agree to complete payment using
your credit card on file.
27. If any Auction invoice submitted by Auctioneer is not paid in full when due, the unpaid balance
will bear interest at the highest rate permitted by law from the date of invoice until paid. Any
invoice not paid when due will bear a three percent (3%) late fee on the invoice amount or
three percent (3%) of any installment that is past due. If the Auctioneer refers any invoice to an
attorney for collection, the buyer agrees to pay attorney’s fees, court costs, and other collection
costs incurred by Auctioneer. If Auctioneer assigns collection to its in-house legal staff, such
attorney’s time expended on the matter shall be compensated at a rate comparable to the hourly
rate of independent attorneys.
28. In the event a successful Bidder fails to pay any amounts due, Auctioneer reserves the right to sell
the lot(s) securing the invoice to any underbidders in the Auction that the lot(s) appeared, or at
subsequent private or public sale, or relist the lot(s) in a future auction conducted by Auctioneer.
A defaulting Bidder agrees to pay for the reasonable costs of resale (including a 10% seller’s
commission, if consigned to an auction conducted by Auctioneer). The defaulting Bidder is liable
to pay any difference between his total original invoice for the lot(s), plus any applicable interest,
and the net proceeds for the lot(s) if sold at private sale or the subsequent hammer price of the lot(s)
less the 10% seller’s commissions, if sold at an Auctioneer’s auction.
29.Auctioneer reserves the right to require payment in full in good funds before delivery of the merchandise.
30. Auctioneer shall have a lien against the merchandise purchased by the buyer to secure payment
of the Auction invoice. Auctioneer is further granted a lien and the right to retain possession of
any other property of the buyer then held by the Auctioneer or its affiliates to secure payment
of any Auction invoice or any other amounts due the Auctioneer or affiliates from the buyer.
With respect to these lien rights, Auctioneer shall have all the rights of a secured creditor under
Article 9 of the Texas Uniform Commercial Code, including but not limited to the right of sale.
In addition, with respect to payment of the Auction invoice(s), the buyer waives any and all rights
of offset he might otherwise have against the Auctioneer and the consignor of the merchandise
included on the invoice. If a Bidder owes Auctioneer or its affiliates on any account, Auctioneer
and its affiliates shall have the right to offset such unpaid account by any credit balance due
Bidder, and it may secure by possessory lien any unpaid amount by any of the Bidder’s property
in their possession.
31. Title shall not pass to the successful Bidder until all invoices are paid in full. It is the responsibility
of the buyer to provide adequate insurance coverage for the items once they have been delivered
to a common carrier or third-party shipper.
Delivery; Shipping; and Handling Charges:
32. Buyer is liable for shipping, handling, registration, and renewal fees, if any. 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. Buyer agrees that Service and Handling charges related to shipping
items which are not pre-paid may be charged to the credit card on file with Auctioneer.
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 third-party 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.
36A. 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, turtle
shell, 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.
36B. 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 any
Government or public authority, or risks of contraband or illegal transportation of trade, or
b. Breakage of statuary, marble, glassware, bric-a-brac, porcelains, jewelry, and similar fragile
articles
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. Exclusive Dispute Resolution Process: All claims, disputes, or controversies in connection
with, relating to and /or arising out of your Participation in the Auction or purchase of any
lot, any interpretation of the Terms and Conditions of Sale or any amendments thereto, any
description of any lot or condition report, any damage to any lot, any alleged verbal modification
of any term of sale or condition report or description and/or any purported settlement whether
asserted in contract, tort, under Federal or State statute or regulation or any claim made by
you of a lot or your Participation in the auction involving the auction or a specific lot involving
a 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 heard
by, and the claimant (or respondent as the case may be) and Heritage each consent to the Claim
being presented in a confidential binding arbitration before a single arbitrator administrated
by and conducted under the rules of, the American Arbitration Association. The locale for all
such arbitrations shall be Dallas, Texas. The arbitrator’s award may be enforced in any court of
competent jurisdiction. If a Claim involves a consumer, exclusive subject matter jurisdiction for
the Claim is in the State District Courts of Dallas County, Texas and the consumer consents to
subject matter and in personam jurisdiction; further CONSUMER EXPRESSLY WAIVES ANY
RIGHT TO TRIAL BY JURY. A consumer may elect arbitration as specified above. Any claim
involving the purchase or sale of numismatic or related items may be submitted through binding
PNG arbitration. Any Claim must be brought within two (2) years of the alleged breach, default
or misrepresentation or the Claim is waived. Exemplary or punitive damages are not permitted
and are waived. A Claim is not subject to class certification. Nothing herein shall be construed
to extend the time of return or conditions and restrictions for return. This Agreement and any
Claim shall be determined and construed under Texas law. The prevailing party (a party that
is 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 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 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 Heritage
Numismatic Auctions, Inc. (for Coins) and Currency Auctions of America, Inc. (for currency). 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.11-12-13
Rev. 7-10-13
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 third-party 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 unless otherwise
noted in the description as “Sold As Is, No Return Lot”. 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 (877-HERITAGE (437-4824)) 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, http://www.ngccoin.com/services/writtenguarantee.asp; Professional
Coin Grading Service (PCGS), PO Box 9458, Newport Beach, CA 92658, http://www.pcgs.com/
guarantee.html; 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 noncertified
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: 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 M: 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.
COINS and CURRENCY TERM N: Some of the lots offered herein have been assigned to 1031
Services, Inc. for the purpose of consignor’s tax deferred exchange.
For wiring instructions call the Credit department at 877-HERITAGE (437-4824)
or e-mail: CreditDept@HA.com