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Lot 78058: CHARLES DANA GIBSON (American, 1867-1944) After the Opera Charcoal on paper 21.5 x 13.5 in. Signed upper left PROVENANCE: Matthew's Galleries, Oregon, Fine Art Auction, September 19, 2006, lot 53. From the Estate of Charles Martignette.

Est: $3,000 USD - $5,000 USDSold:
Heritage AuctionsOctober 15, 2010New York, NY, US

Item Overview

Description

CHARLES DANA GIBSON (American, 1867-1944) After the Opera Charcoal on paper 21.5 x 13.5 in. Signed upper left PROVENANCE: Matthew's Galleries, Oregon, Fine Art Auction, September 19, 2006, lot 53. From the Estate of Charles Martignette.

Artist or Maker

Payment & Shipping

Accepted forms of payment: COD (cash on delivery)

Shipping

Delivery; Shipping; and Handling Charges: <br /> <br /> 32. Buyer is liable for shipping and handling. Please refer to Auctioneer's website www.HA.com/ <br /> common/shipping.php for the latest charges or call Auctioneer. Auctioneer is unable to <br /> combine purchases from other auctions or affiliates into one package for shipping purposes. <br /> Lots won will be shipped in a commercially reasonable time after payment in good funds for <br /> the merchandise and the shipping fees is received or credit extended, except when third-party <br /> shipment occurs. <br /> <br /> 33. Successful international Bidders shall provide written shipping instructions, including <br /> specified customs declarations, to the Auctioneer for any lots to be delivered outside of the <br /> United States. NOTE: Declaration value shall be the item'(s) hammer price together with its <br /> buyer's premium and Auctioneer shall use the correct harmonized code for the lot. Domestic <br /> Buyers on lots designated for third-party shipment must designate the common carrier, accept <br /> risk of loss, and prepay shipping costs. <br /> <br /> 34. All shipping charges will be borne by the successful Bidder. Any risk of loss during shipment <br /> will be borne by the buyer following Auctioneer's delivery to the designated common carrier <br /> or third-party shipper, regardless of domestic or foreign shipment. <br /> <br /> 35. Due to the nature of some items sold, it shall be the responsibility for the successful bidder to <br /> arrange pick-up and shipping through third-parties; as to such items Auctioneer shall have <br /> no liability. Failure to pick-up or arrange shipping in a timely fashion (within ten days) shall <br /> subject Lots to storage and moving charges, including a $100 administration fee plus $10 daily <br /> storage for larger items and $5.00 daily for smaller items (storage fee per item) after 35 days. In <br /> the event the Lot is not removed within ninety days, the Lot may be offered for sale to recover <br /> any past due storage or moving fees, including a 10% Seller's Commission. <br /> <br /> 36. The laws of various countries regulate the import or export of certain plant and animal <br /> properties, including (but not limited to) items made of (or including) ivory, whalebone, <br /> turtleshell, coral, crocodile, or other wildlife. Transport of such lots may require special <br /> licenses for export, import, or both. Bidder is responsible for: 1) obtaining all information <br /> on such restricted items for both export and import; 2) obtaining all such licenses and/or <br /> permits. Delay or failure to obtain any such license or permit does not relieve the buyer of <br /> timely compliance with standard payment terms. For further information, please contact Ron <br /> Brackemyre at 800-872-6467 ext. 1312. <br /> <br /> 37. Any request for shipping verification for undelivered packages must be made within 30 days <br /> of shipment by Auctioneer.

Auction Details

October New York Signature Illustration Art Auction #5038

by
Heritage Auctions
October 15, 2010, 01:00 PM EST

2 East 79th St., New York, NY, 10075, US

Terms

Buyer's Premium

22.5%

Bidding Increments

From:To:Increment:
$0$9$1
$10$29$2
$30$49$3
$50$99$5
$100$199$10
$200$299$20
$300$499$25
$500$999$50
$1,000$1,999$100
$2,000$2,999$200
$3,000$4,999$250
$5,000$9,999$500
$10,000$19,999$1,000
$20,000$29,999$2,000
$30,000$49,999$2,500
$50,000$99,999$5,000
$100,000$199,999$10,000
$200,000$299,999$20,000
$300,000$499,999$25,000
$500,000$999,999$50,000
$1,000,000$1,999,999$100,000
$2,000,000$2,999,999$200,000
$3,000,000$4,999,999$250,000
$5,000,000$9,999,999$500,000
$10,000,000+$1,000,000

Terms & Conditions

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

Payment

Payment: <br /> <br /> 23. All sales are strictly for cash in United States dollars (including U.S. currency, bank wire, <br /> cashier checks, travelers checks, eChecks, and bank money orders, all subject to reporting <br /> requirements). All are subject to clearing and funds being received In Auctioneer's account <br /> before delivery of the purchases. Auctioneer reserves the right to determine if a check <br /> constitutes "good funds" when drawn on a U.S. bank for ten days, and thirty days when drawn <br /> on an international bank. Credit Card (Visa or Master Card only) and PayPal payments may <br /> be accepted up to $10,000 from non-dealers at the sole discretion of the Auctioneer, subject to <br /> the following limitations: a) sales are only to the cardholder, b) purchases are shipped to the <br /> cardholder's registered and verified address, c) Auctioneer may pre-approve the cardholder's <br /> credit line, d) a credit card transaction may not be used in conjunction with any other financing <br /> or extended terms offered by the Auctioneer, and must transact immediately upon invoice <br /> presentation, e) rights of return are governed by these Terms and Conditions, which supersede <br /> those conditions promulgated by the card issuer, f) floor Bidders must present their card. <br /> <br /> 24. Payment is due upon closing of the Auction session, or upon presentment of an invoice. <br /> Auctioneer reserves the right to void an invoice if payment in full is not received within 7 <br /> days after the close of the Auction. In cases of nonpayment, Auctioneer's election to void a sale <br /> does not relieve the Bidder from their obligation to pay Auctioneer its fees (seller's and buyer's <br /> premium) on the lot and any other damages pertaining to the lot. <br /> <br /> 25. Lots delivered to you, or your representative in the States of Texas, California, New York, or <br /> other states where the Auction may be held, are subject to all applicable state and local taxes, <br /> unless appropriate permits are on file with Auctioneer. Bidder agrees to pay Auctioneer the <br /> actual amount of tax due in the event that sales tax is not properly collected due to: 1) an <br /> expired, inaccurate, inappropriate tax certificate or declaration, 2) an incorrect interpretation <br /> of the applicable statute, 3) or any other reason. The appropriate form or certificate must be <br /> on file at and verified by Auctioneer five days prior to Auction or tax must be paid; only if such <br /> form or certificate is received by Auctioneer within 4 days after the Auction can a refund of tax <br /> paid be made. Lots from different Auctions may not be aggregated for sales tax purposes. <br /> <br /> 26. In the event that a Bidder's payment is dishonored upon presentment(s), Bidder shall pay the <br /> maximum statutory processing fee set by applicable state law. If you attempt to pay via eCheck <br /> and your financial institution denies this transfer from your bank account, or the payment <br /> cannot be completed using the selected funding source, you agree to complete payment using <br /> your credit card on file. <br /> <br /> 27. If any Auction invoice submitted by Auctioneer is not paid in full when due, the unpaid balance <br /> will bear interest at the highest rate permitted by law from the date of invoice until paid. Any <br /> invoice not paid when due will bear a three percent (3%) late fee on the invoice amount or <br /> three percent (3%) of any installment that is past due. If the Auctioneer refers any invoice <br /> to an attorney for collection, the buyer agrees to pay attorney's fees, court costs, and other <br /> collection costs incurred by Auctioneer. If Auctioneer assigns collection to its in-house legal <br /> staff, such attorney's time expended on the matter shall be compensated at a rate comparable <br /> to the hourly rate of independent attorneys. <br /> <br /> 28. In the event a successful Bidder fails to pay any amounts due, Auctioneer reserves the right to sell <br /> the lot(s) securing the invoice to any underbidders in the Auction that the lot(s) appeared, or at <br /> subsequent private or public sale, or relist the lot(s) in a future auction conducted by Auctioneer. <br /> A defaulting Bidder agrees to pay for the reasonable costs of resale (including a 10% seller's <br /> commission, if consigned to an auction conducted by Auctioneer). The defaulting Bidder is liable <br /> to pay any difference between his total original invoice for the lot(s), plus any applicable interest, <br /> and the net proceeds for the lot(s) if sold at private sale or the subsequent hammer price of the <br /> lot(s) less the 10% seller's commissions, if sold at an Auctioneer's auction. <br /> <br /> 29. Auctioneer reserves the right to require payment in full in good funds before delivery of the <br /> merchandise. <br /> <br /> 30. Auctioneer shall have a lien against the merchandise purchased by the buyer to secure payment <br /> of the Auction invoice. Auctioneer is further granted a lien and the right to retain possession of <br /> any other property of the buyer then held by the Auctioneer or its affiliates to secure payment <br /> of any Auction invoice or any other amounts due the Auctioneer or affiliates from the buyer. <br /> With respect to these lien rights, Auctioneer shall have all the rights of a secured creditor <br /> under Article 9 of the Texas Uniform Commercial Code, including but not limited to the right <br /> of sale. In addition, with respect to payment of the Auction invoice(s), the buyer waives any <br /> and all rights of offset he might otherwise have against the Auctioneer and the consignor of <br /> the merchandise included on the invoice. If a Bidder owes Auctioneer or its affiliates on any <br /> account, Auctioneer and its affiliates shall have the right to offset such unpaid account by any <br /> credit balance due Bidder, and it may secure by possessory lien any unpaid amount by any of <br /> the Bidder's property in their possession. <br /> <br /> 31. Title shall not pass to the successful Bidder until all invoices are paid in full. It is the <br /> responsibility of the buyer to provide adequate insurance coverage for the items once they <br /> have been delivered to a common carrier or third-party shipper.

Deliver; Shipping; and Handling Charges

Delivery; Shipping; and Handling Charges: <br /> <br /> 32. Buyer is liable for shipping and handling. Please refer to Auctioneer's website www.HA.com/ <br /> common/shipping.php for the latest charges or call Auctioneer. Auctioneer is unable to <br /> combine purchases from other auctions or affiliates into one package for shipping purposes. <br /> Lots won will be shipped in a commercially reasonable time after payment in good funds for <br /> the merchandise and the shipping fees is received or credit extended, except when third-party <br /> shipment occurs. <br /> <br /> 33. Successful international Bidders shall provide written shipping instructions, including <br /> specified customs declarations, to the Auctioneer for any lots to be delivered outside of the <br /> United States. NOTE: Declaration value shall be the item'(s) hammer price together with its <br /> buyer's premium and Auctioneer shall use the correct harmonized code for the lot. Domestic <br /> Buyers on lots designated for third-party shipment must designate the common carrier, accept <br /> risk of loss, and prepay shipping costs. <br /> <br /> 34. All shipping charges will be borne by the successful Bidder. Any risk of loss during shipment <br /> will be borne by the buyer following Auctioneer's delivery to the designated common carrier <br /> or third-party shipper, regardless of domestic or foreign shipment. <br /> <br /> 35. Due to the nature of some items sold, it shall be the responsibility for the successful bidder to <br /> arrange pick-up and shipping through third-parties; as to such items Auctioneer shall have <br /> no liability. Failure to pick-up or arrange shipping in a timely fashion (within ten days) shall <br /> subject Lots to storage and moving charges, including a $100 administration fee plus $10 daily <br /> storage for larger items and $5.00 daily for smaller items (storage fee per item) after 35 days. In <br /> the event the Lot is not removed within ninety days, the Lot may be offered for sale to recover <br /> any past due storage or moving fees, including a 10% Seller's Commission. <br /> <br /> 36. The laws of various countries regulate the import or export of certain plant and animal <br /> properties, including (but not limited to) items made of (or including) ivory, whalebone, <br /> turtleshell, coral, crocodile, or other wildlife. Transport of such lots may require special <br /> licenses for export, import, or both. Bidder is responsible for: 1) obtaining all information <br /> on such restricted items for both export and import; 2) obtaining all such licenses and/or <br /> permits. Delay or failure to obtain any such license or permit does not relieve the buyer of <br /> timely compliance with standard payment terms. For further information, please contact Ron <br /> Brackemyre at 800-872-6467 ext. 1312. <br /> <br /> 37. Any request for shipping verification for undelivered packages must be made within 30 days <br /> of shipment by Auctioneer.

Buyer's Premium

Buyer's Premium:<br /> <br /> 2. On bids placed through Auctioneer, a Buyer's Premium of fifteen percent (15%) will be added to the successful hammer price bid on lots in Coin, Currency, and Philatelic auctions or nineteen and one-half percent (19.5%) on lots in all other auctions. There is a minimum Buyer's Premium of $14.00 per lot. In Gallery Auctions (sealed bid auctions of mostly bulk numismatic material), the Buyer's Premium is 19.5%.