This electronic Auction is brought to you by Jencek Historical Enterprise, Inc.
(JHE). Any person (Bidder) registering at or participating in JHE’s Auctions or
by using any of its features agrees to be bound by and accept these Terms of Use
and Conditions of Auction. Bidding in the Auction constitutes acceptance of the
following Terms of Use and Conditions of Auction.

Last Modification: Date of last modification of the Terms of
Use and Conditions of Auction was September 19, 2011. JHE may revise the Terms
of Use and Conditions of Auction from time to time. Revised terms and conditions
will be posted to JHE’s Auction site and are effective immediately. By using
JHE’s electronic Auctions after JHE has revised the Terms of Use and Conditions
of Auction, you will be deemed to have accepted the revisions and will be bound
by the revised Terms of Use and Conditions of Auction.

Bidders: All Bidders must meet JHE’s qualifications to bid. Any
Bidder who is not a client in good standing of JHE may be disqualified at JHE’s
sole option and will not be awarded lots. Such determination may be made by JHE
in its sole and unlimited discretion, at any time prior to, during, or even
after the close of the Auction. JHE reserves the right to exclude any person
from the Auction. Placing a bid constitutes a legally binding contract, so
bidding is only open to Bidders capable of executing legal agreements. 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. We reserve the
right to disallow any Bidder from participating, cancel any bid, or withdraw any
lot. Bidders not known to JHE must provide satisfactory credit references or pay
a deposit as determined at JHE’s discretion before bidding. Minors are not
permitted to bid. Bidders must be 18 years or older to participate in the
Auctions. JHE will require payment in full from any Bidder prior to delivery of
lots. Title does not pass until lots are paid in full. Upon receipt of lots, the
Buyer (winning Bidder) assumes full responsibility for loss or damage. Delivery
to the Buyer’s address of record shall constitute receipt by the Buyer
regardless of the identity of the person accepting delivery. Bidders personally
guarantee payment for their successful bids, including Bidders executing
commission bids from other parties and Bidders representing corporations or
other entities. Bidders accepting commission bids from other parties do so at
their own risk and remain responsible for payment under these Terms of Use and
Conditions of Auction.


Registration: All Bidders intending to bid on lot(s) must first
register at JHE’s Auction site. Bidding is only open to those who have
registered at JHE’s Auction site, and have been authorized to bid by JHE staff.
Bidding is permitted only to parties who can lawfully form contracts and
lawfully participate in the Auction under applicable laws. New Auction
registrations are processed for approval by JHE staff and no new registrations
will be approved on the sale date.

Buyer’s Fee: A 12% Buyer’s Fee Premium will be added to the
successful hammer price of all successful bids. At the sole discretion of JHE, a
promotional limited time waiver of Buyer’s fees may be allowed.

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 ($) amount. Bids will be
accepted in whole dollar ($) amounts only (no cents allowed) and will be
automatically rounded by the Auction program to the next nearest dollar ($)
amount. For current Bidding Increments, see the Bidding Increment Rules at the
JHE Auction site.


Presentment and Execution of Bids: Non-internet bids (including
but not limited to fax, telephone, mail, and email bids) are treated the same as
internet bids. Bidders are responsible for errors in their bidding, so carefully
check that every bid is entered correctly. When identical non-internet bids are
submitted, they will be entered into the system in the order in which they were
received. JHE is not responsible for executing mail bids or fax bids received on
the day the first lot is sold. JHE is not responsible for executing online bids
submitted after the published closing time. Bids placed electronically via the
internet may not be withdrawn until your written request is received and
acknowledged by JHE (JHE fax: 650-343-2850). Such requests must state the reason
and may constitute grounds for withdrawal of bidding privileges. The highest
qualified Bidder recognized by JHE shall be the Buyer. In the event of a tie
bid, the earliest bid received wins. Once a bid is placed it may only be
cancelled by JHE staff. JHE’s Auction site (JHE's electronic Auction site
software) will execute electronic bids on behalf of all electronic Bidders up to
their maximum limit. Subject to reserves and opening prices, all electronic bids
will be executed by the electronic software at one bidding increment (equal to
10%) over the next highest bid. All fax, telephone, mail and email bids received
before 5 p.m. the day prior to the sale date will be uploaded to JHE’s Auction
site no later than the start of the Auction. Any fax, telephone, mail and email
bids received after the deadline or with special instructions will be executed
at JHE’s complete discretion. In the case of identical bids, the earliest bid
received wins. Electronic Bidders may check their bids at JHE’s Auction site.
JHE may place a reserve on any lot. However, no reserve will be higher than the
estimate.

Lot Order: Lots will be sold in the order listed at JHE’s
Auction site. The first lot will close electronically at JHE’s Auction site at
10 a.m. Pacific Time on the sale date, with subsequent lots closing every one
minute (60 seconds) thereafter. All fax, telephone, mail, and email bids must be
received by 5 p.m. Pacific Time on the day prior to the sale date. Electronic
bids may be placed by approved Bidders up until the closing time of each lot.
The electronic clock on the website represents the official closing time for
each lot.

Estimates: Estimates are intended as a guide only and not as a
statement of opinion of value. Estimates are in U.S. dollars ($).

Guarantee: All coins are guaranteed genuine. Lots may be returned only
in the case of misdescription or lack of authenticity. Auctions are not on
approval. Lots examined prior to the sale may not be returned for any reason
except lack of authenticity. Any description of the items 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. Color variations
can be expected in any electronic or printed imaging, and are not grounds for
the return of any lot. Attribution, date, condition and other descriptions are
the opinion of the cataloger, and no warranty is expressed or implied. All
claims of misdescription and all claims of return, except claims regarding
authenticity, must be made within 5 days of receipt of material. Any claim of
lack of authenticity must be made in writing by the original purchaser
immediately after discovery that an item is not authentic, and upon making such
a claim the original purchaser must immediately return the lot to JHE in the
same condition as at the time of the Auction. Coins that have been encapsulated
("slabbed") by a grading and/or authentication service may not be returned for
any reason, including authenticity, if they have been removed from the
encapsulation ("slab"). You are responsible for the insured, safe delivery of
any returned lots. Postage and handling fees are not refunded. After the five
day period from receipt, no items may be returned for any reason except for lack
of authenticity. JHE is selling only such right or title to the items being sold
as JHE may have by virtue of consignment agreements on the date of Auction and
disclaims any warranty of title to the property. Any statement made by JHE is an
opinion and does not constitute a warranty or representation. No employee of JHE
may alter these Terms of Use and Conditions of Auction, and, unless signed by
the president of JHE, any such alteration is null and void.

Prices Realized: Prices realized are posted by JHE at JHE’s
website. Successful electronic Bidders are notified by email after the last lot
of the sale closes.

Payment: Payment is due upon presentment of an invoice.
Interest and late fees of 2.0% per month, or at the highest rate permitted by
law, whichever is less, from the date of the Auction, shall be payable on
invoices not settled within 30 days of the Auction date. Payment may be made by
check (made in US dollars ($) drawn on a US bank), PayPal, bank wire or credit
cards (Visa or MasterCard). Credit card payments will not be accepted more
than 14 days after the sale date. All successful Bidders will be charged an
additional $15 fee for bank charges that are the result of wire transfer fees.
JHE may reduce or compromise any charge or fee at its discretion. All payments
are subject to clearing and funds being received in JHE’s account before
delivery of the purchases. JHE reserves the right to determine if a check
constitutes “good funds” when drawn on a U.S. bank for ten days. Credit Card
(Visa or Master Card only) payments may be accepted up to $3,000 from
non-dealers at the sole discretion of JHE, subject to the following limitations:
a) sales are only to the cardholder, b) purchases are shipped to the
cardholder’s registered and verified address, c) a credit card transaction must
transact immediately upon invoice presentation, d) if payment is made by credit
card, rights of return are governed by these Terms of Use and Conditions of
Auction, which supersede any rights of return promulgated by the card issuer. In
cases of nonpayment, JHE’s election to void a sale does not relieve the Bidder
from their obligation to pay JHE its fees (seller’s and Buyer’s premium) on the
lot and any other damages pertaining to the lot. Title does not pass until
payment is made in full.

Shipping: Sales tax, postage, handling and insurance charges
are the responsibility of the Buyer and are added to all invoices as
appropriate. All shipping rates are expressed in US Dollars ($). On any tax not
paid by the purchaser which should have been paid, even if not invoiced by JHE,
the purchaser agrees to pay the same on demand together with any interest or
penalty that may be assessed. It is the responsibility of the Buyer to comply
with foreign customs and other regulations. Buyer is liable for shipping and
handling. Lots won will be shipped in a reasonable time after payment in good
funds for the merchandise and the shipping fees is received. All shipping
charges will be borne by the successful Bidder. On all shipments, unless stated
otherwise, any risk of loss during shipment will be borne by JHE until the
shipping carrier’s confirmation of delivery to the address of record in JHE’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 JHE to Bidder’s selected
third party shipper. All shipments will be made from San Mateo, California,
U.S.A.

Release: Bidders hereby waive any claim for incidental,
consequential or exemplary damages arising from this Auction. The sole remedy
that any participant in the Auction shall have for any claim or controversy
arising out of the Auction shall be a refund, without interest, of all or part
of the purchase price paid by the participant. In consideration of participation
in the Auction and the placing of a bid, Bidder expressly releases JHE, its
officers, directors and employees, its affiliates, and its outside experts, from
any and all claims, cause 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 of Use 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 JHE.

JHE Property: All images, descriptions, sales data, and
archival records are the exclusive property of Jencek Historical Enterprise,
Inc.

Right of Refusal: JHE 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 or her identity, any bid by a consignor or his/her agent on a lot consigned
by him/her is deemed to be made in “Good Faith.” JHE reserves the right to
withdraw, prior to the close, any lots from the Auction. JHE reserves the right
to rescind the sale in the event of nonpayment, breach of a warranty, disputed
ownership, JHE’s clerical error or omission in exercising bids and reserves, or
for any other reason in JHE’s sole discretion. In cases of nonpayment, JHE’s
election to void a sale does not relieve the Bidder from their obligation to pay
JHE its fees (seller’s and Buyer’s premium) and any other damages or expenses
pertaining to the lot. JHE may modify or discontinue JHE’s Auction site or any
of its features, including any specific Auction, at any time. JHE does not
guarantee accessibility, accuracy, or security of JHE’s Auction site. JHE may
occasionally experience internet and/or server service outages, and JHE may
periodically schedule system downtime for maintenance and other purposes, during
which Bidders cannot participate or place bids. If such outages occur, JHE may
at our discretion extend bidding for the Auction. Bidders unable to place their
Bids through the internet are directed to contact Jencek Historical Enterprise,
Inc. at 650-804-4841. JHE, its affiliates, or their employees consign items to
be sold in the Auction, and may bid on those lots or any other lots. JHE or its
affiliates expressly reserve the right to modify any such bids at any time prior
to the hammer based upon data made known to JHE or its affiliates. JHE may
extend advances, guarantees, or loans to certain consignors and JHE may have an
interest other than commission charges in any lot. JHE 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 of Use and Conditions of
Auction shall apply to such sales including but not limited to the Buyer’s
premium, return rights, and disclaimers. The property listed is offered for sale
by JHE for itself and as agent for various other consignors. JHE reserves the
right to prohibit any Bidder from participating in the Auction, to reject any
bid, to determine the opening price, to set bidding increments, to vary the
order of the Auction, to reopen bidding in the case of a dispute, to withdraw
any lot, to bid on behalf of JHE, to bid on behalf of the consignor, and to
permit the consignor to bid on his or her own lots. JHE may bid on its own
account as an “insider” with information not available to the public.

Disputes: Any dispute regarding this Auction shall be governed
by the laws of California; all Bidders submit themselves to the personal
jurisdiction of California courts for this purpose, consent to service of
process by registered or certified mail, and waive any contrary provisions of
Articles 14 or 15 of the French Civil Code and any similar provisions in any
jurisdiction. In any dispute regarding this Auction, the prevailing party shall
be entitled to recover its reasonable costs and attorney fees.


Sales Taxes: Lots delivered to you are subject to all
applicable state and local taxes, unless appropriate permits are on file with
JHE. Coins are only subject to sales tax in California on invoices under $1500.
Bidder agrees to pay JHE 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. Lots from different Auctions may not be aggregated for sales tax purposes.

Failure to Pay: In the event a successful Bidder fails to make
full payment within 30 days of the Auction date, JHE reserves the right to deem
the sale incomplete and to resell the material, and the Bidder agrees to pay for
the reasonable cost of such a sale and also to pay any difference between the
resale price and the previously successful bid. JHE reserves all rights that it
is entitled to under the California Uniform Commercial Code, including the right
to offset any sums due from a successful Bidder against any future consignment
or purchase or monies or goods in possession of JHE. JHE shall have a lien
against the merchandise purchased by the Buyer to secure payment of the Auction
invoice. JHE is further granted a lien and the right to retain possession of any
other property of the Buyer then held by JHE or its affiliates to secure payment
of any Auction invoice or any other amounts due JHE or its affiliates from the
Buyer. 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 JHE and the
consignor of the merchandise included on the invoice. If a Bidder owes JHE or
its affiliates on any account, JHE 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. Title shall not pass to the successful Bidder until all invoices are
paid in full.

Confidentiality: All information which is supplied to JHE
(including your name, address, telephone number, email address, payment
information, and other personal information) must be truthful and accurate. Your
personal information will be used only by JHE. JHE will not disclose or sell
your personal information to any third parties except in the event that
fraudulent or other unlawful activity is suspected, JHE reserves the right to
supply your information to law enforcement agencies.

Password: You are responsible for keeping your password and
other account information confidential and are responsible for all uses of your
account, whether or not authorized. If you believe your account has been misused
or compromised, please contact JHE immediately.


Termination: JHE reserves the right, in our sole and
absolute discretion, to restrict or terminate your right to use the site. You
may not use any software or device that will affect the function of JHE’s
Auction site or any of its features. You may not take any action that places an
undue burden on the function of JHE’s Auction site software or infects the JHE’s
Auction site system.

Claims: The sole remedy that you shall have for any claim or
controversy arising out of or in connection with JHE’s Auction site shall be a
refund, without interest, of all or part of the price which you have paid to JHE
for goods or services which you have purchased from JHE through JHE’s Auction
site. Apart from that sole remedy, you waive any claim for direct, indirect,
incidental, consequential or exemplary damages for any claim or controversy
arising out of or in connection with JHE’s Auction site.

Miscellaneous: All rights granted by JHE or otherwise available
to Bidders and Buyers, under these Terms of Use and Conditions of Auction or
otherwise, are personal and may not be assigned or transferred to any other
person or entity, whether by operation of law or otherwise. No third party may
rely on any benefit or right conferred by these Terms of Use and Conditions of
Auction. Bidders acting as agents must disclose the agency in writing to JHE
prior to the Auction; otherwise rights are limited to the agent and are not
transferable to the undisclosed principal.

Contact Information: Jencek Historical Enterprise, Inc., 205 De
Anza Blvd. #149, San Mateo, CA 94402, phone 650-804-4841, fax 650-343-2850.
Office hours are 10 a.m. to 5 p.m. Monday through Friday.