Terms & Conditions
Translation:
Chinese translation available at: 3h1TtUUtp://www.HA.com/Chinese-TCU31T
Terms and Conditions of Auction
Auctioneer reserves the right after the hammer fall to accept bids and reopen bidding for bids placed through the Internet or otherwise. Regardless of placed bids, Auctioneer reserves the right to withdraw any lot, or any
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Auctioneer and Auction:
1. This Auction is presented by Heritage Auctions, a d/b/a/ of Heritage Auctioneers & Galleries, Inc., Heritage Auctions, Inc., Heritage Collectibles, Inc., Heritage Luxury Property Auctions, Inc., Heritage Numismatic Auctions, Inc., Heritage Vintage Sports Auctions, Inc., Currency Auctions of America, Inc., Heritage Auctions (HK) Limited, or Heritage Auctions ? Europe Cooperatief U.A. as identified with the applicable licensing information on the title page of the catalog or on the HA.com Internet site (the ?Auctioneer"). The Auction is conducted under these Terms and Conditions of Auction and applicable state and local law. Announcements and corrections from the podium and those made through the Terms and Conditions of Auctions appearing on the Internet at HA.com supersede those in the printed catalog.
Buyer?s Premium:
2. All bids are subject to a Buyer?s Premium which is in addition to the placed successful bid. The Buyer?s Premium for each Auction is published by Auctioneer in the printed catalog and on the Internet. In addition to the Buyer?s Premium, all successful bids placed through third-party platforms including LiveAuctioneers.com, Invaluable.com, or similar third-party platforms shall be assessed a fee of five percent (5%) of the Hammer Price (?Third-Party Platform Fee").
Bidders:
3. Any person participating or registering for the Auction agrees to be bound by and accepts these Terms and Conditions of Auction (?Bidder(s)").
4. All Bidders must meet Auctioneer?s qualifications to bid. Any Bidder who is not a client in good standing of the Auctioneer may be disqualified at Auctioneer?s sole option and will not be awarded lots. Such determination may be made by Auctioneer in its sole and unlimited discretion, at any time prior to, during, or even after the close of the Auction. Auctioneer reserves the right to exclude any person from the auction.
5. If an entity places a bid, then the person executing the bid on behalf of the entity agrees to personally guarantee payment for any successful bid.
Credit:
6. In order to place bids, Bidders who have not established credit with the Auctioneer must either furnish satisfactory credit information (including two collectibles-related business references) or supply valid payment card information along with a social security number, well in advance of the Auction. Internet bids will only be accepted from pre-registered Bidders. Bidders who are not members of HA.com or affiliates should preregister at least 48 hours before the start of the first session (exclusive of holidays or weekends) to allow adequate time to contact references. Credit will be granted at the discretion of Auctioneer. Auctioneer may, in its sole discretion, require a deposit in good funds of twenty-five percent (25%) of the amount of each bid prior to acceptance of the bid. Additionally Bidders who have not previously established credit or who wish to bid in excess of their established credit history may be required to provide their social security so a credit check may be performed prior to Auctioneer?s acceptance of a bid. Settlement via check and immediate delivery of merchandise may also be determined by pre-approval of credit based on a combination of: HA.com history, related industry references, bank verification, a credit bureau report and/or a personal guarantee for a corporate or partnership entity in advance of the auction.
Bidding Options:
7. Auctioneer accepts bids from the Internet, telephone, fax, mail, floor, and HeritageLive! from registered clients.
8. Bids in Signature? Auctions may be placed as set forth in the printed catalog section entitled ?Choose your bidding method." For auctions held solely on the Internet, see the alternatives on HA.com. Review at http://www.ha.com/c/ref/web-tips.zx#biddingTutorial.
9. Presentment of Bids: Non-Internet bids (including but not limited to podium, fax, phone and mail bids) and floor bids must be on-increment or at a half increment (?Cut Bid"). Any podium, fax, phone, or mail bids that do not conform to a full or half increment will be rounded up or down to the nearest full or half increment and this revised amount will be considered your high bid.
10. Auctioneer?s Execution of Certain Bids. Auctioneer cannot be responsible for your errors in bidding or entry of bids. When identical mail or fax bids are submitted, preference is given to the first received. To ensure the greatest accuracy, written bids should be entered on the standard printed bid sheet and received by Auctioneer at least two business days prior to Auction start. Auctioneer is not responsible for executing mail bids or fax bids received on or after the day the first lot is sold, nor Internet bids submitted after the published closing time; nor is Auctioneer responsible for proper execution of bids submitted by telephone, mail, fax, email, Internet, or in person once Auction begins. Bids placed electronically via the internet may not be withdrawn until your written request is received and acknowledged by Auctioneer (FAX: 214-409-1425); such requests must state the reason, and may constitute grounds for withdrawal of bidding privileges. Lots won by mail Bidders will not be delivered at the Auction unless prearranged.
11. Bid Increments. Bid increments (over the current bid level) determine the lowest amount you may bid on a particular lot. Bids greater than one increment over the current bid can be any whole dollar amount. It is possible under several circumstances for winning bids to be between increments, sometimes only $1 above the previous increment. Please see: ?How can I lose by less than an increment??? on our website. Bids will be accepted in whole dollar amounts only. No ?buy" or ?unlimited" bids will be accepted.
Current bidding increments (see HA.com/c/ref/web-tips.zx#guidelines-increments) are:
Current Bid ..............................Bid Increment Current Bid Bid Increment
< $100 ................................................................ $5 $20,000 - $49,999 $2,000
$100 - $199 ...................................................... $10 $50,000 - $99,999 $5,000
$200 - $499 ...................................................... $20 $100,000 - $199,999 $10,000
$500 - $999 ...................................................... $50 $200,000 - $499,999 $20,000
$1,000 - $1,999 .............................................. $100 $500,000 - $999,999 $25,000
$2,000 - $4,999.............................................. $200 $1,000,000 - $1,999,999 $50,000
$5,000 - $9,999.............................................. $500 $2,000,000 - $9,999,999 $100,000
$10,000 - $19,999....................................... $1,000 ? $10,000,000 $200,000
Note: Half-increment bidding is available prior to the live auction session.
12. If Auctioneer calls for a full increment, Bidder may request Auctioneer to accept a Cut Bid only once per lot. After offering a Cut Bid, Bidder may continue to bid on lot only at full increments. Off-increment bids may be accepted by the Auctioneer at Signature? Auctions. Bids solicited by Auctioneer at other than the expected increment will not be considered Cut Bids.
Conducting the Auction:
13. Notice of the consignor?s liberty to place bids on his lots in the Auction is hereby made in accordance with Article 2 of the Texas Business and Commercial Code. A ?Minimum Bid" is an amount below which the lot will not sell. THE CONSIGNOR OF PROPERTY MAY PLACE WRITTEN ?Minimum Bids" ON HIS LOTS IN ADVANCE OF THE AUCTION; ON SUCH LOTS, IF THE HAMMER PRICE DOES NOT MEET THE ?Minimum Bid", THE CONSIGNOR MAY PAY A REDUCED COMMISSION ON THOSE LOTS. ?Minimum
Bids" are generally posted online several days prior to the Auction closing. Any successful bid placed by a consignor on his property on the Auction floor, by any means during the live session, or after the ?Minimum Bid" for an Auction have been posted, will require the consignor to pay full Buyer?s Premium and Seller?s Commissions on such lot. Auctioneer 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 the Auctioneer or its affiliates.
14. The highest qualified Bidder recognized by the Auctioneer shall be the Buyer. In the event of a tie bid, the earliest bid received or recognized wins. In the event of any dispute between any Bidders at an Auction, Auctioneer may at his sole discretion reoffer the lot. Auctioneer?s decision and declaration of the winning Bidder shall be final and binding upon all Bidders. Bids properly offered, whether by floor Bidder or other means of bidding, may on occasion be missed or go unrecognized; in such cases, the Auctioneer may declare the recognized bid accepted as the winning bid, regardless of whether a competing bid may have been higher.
part of a lot, from Auction at any time prior to the opening of any such lot by the auctioneer (crier), or in the case of Internet-only auctions when the bid opens for either live Internet bidding or the beginning of any extended period.
15. Auctioneer reserves the right to refuse to honor any bid or to limit the amount of any bid, in its sole discretion. A bid is considered not made in ?Good Faith" when made by an insolvent or irresponsible person, a person under the age of eighteen, or is not supported by satisfactory credit, references, or otherwise. Regardless of the disclosure of his identity, any bid by a consignor or his agent on a lot consigned by him is deemed to be made in ?Good Faith." Any person apparently appearing on the OFAC list is not eligible to bid.
16. Nominal Bids. The Auctioneer in its sole discretion may reject nominal bids, small opening bids, or very nominal advances.
17. Lots bearing bidding estimates shall open at Auctioneer?s discretion (generally 40%-60% of the low estimate). In the event that no bid meets or exceeds that opening amount, the lot shall pass as unsold or the Auctioneer may place a protective bid on behalf of the consignor.
18. All items are to be purchased per lot as numerically indicated and no lots will be broken.
19. Auctioneer reserves the right to rescind the sale in the event of nonpayment, breach of a warranty, disputed ownership, auctioneer?s clerical error or omission in exercising bids and reserves, or for any other reason and in Auctioneer?s sole discretion.
20. Auctioneer occasionally experiences Internet and/or Server service outages, and Auctioneer periodically schedules system downtime for maintenance and other purposes, during which Bidders cannot participate or place bids. If such outages occur, bidding may be extended at Auctioneer?s discretion. Bidders unable to place their bids through the Internet are directed to contact Client Services at 877-HERITAGE (437-4824).
21. From time to time, the Auctioneer, its affiliates, or their employees may consign items to be sold in the Auction.
22. From time to time, the Auctioneer, its affiliates, or their employees may place bids on lots in the Auction.
23. The Auctioneer may extend advances, guarantees, or loans to certain consignors.
24. The Auctioneer has the right to sell certain unsold items after the close of the Auction. Such lots shall be considered sold during the Auction and all these Terms and Conditions shall apply to such sales including but not limited to the Buyer?s Premium, return rights, and disclaimers.
Payment:
25. All sales are strictly for cash in United States dollars (including U.S. currency, bank wire, cashier checks, travelers checks, eChecks, and bank money orders, and are subject to all reporting requirements). All deliveries are subject to good funds; funds being received in Auctioneer?s account before delivery of the merchandise; and all payments are subject to a clearing period. Auctioneer reserves the right to determine if a check constitutes ?good funds": checks drawn on a U.S. bank are subject to a ten business day hold, thirty days when drawn on an international bank. Clients with pre-arranged credit may receive immediate credit for payments via eCheck, personal, or corporate checks. All others will be subject to a hold of 5 business days, or more, for the funds to clear prior to releasing merchandise. (Ref. T&C item 7 Credit for additional information.) Payments can be made 24-48 hours post auction from the My Orders page of the HA.com website. Payment via card (Visa, Mastercard, and Discover) will be accepted upon prior approval by Auctioneer. All payments by card will incur a surcharge of 2.9%. Payment by eCheck, wire transfer, or check will not incur a surcharge. This fee only applies to credit transactions, and does not exceed Auctioneer?s cost of processing.
26. Payment is due upon closing of the Auction session, or upon presentment of an invoice. Auctioneer reserves the right to void an invoice if payment in full is not received within 7 days after Auction close. In cases of nonpayment, Auctioneer?s election to void a sale does not relieve the Bidder from their obligation to pay Auctioneer its fees (seller?s and buyer?s premium) on the lot and any other damages pertaining to the lot or Auctioneer. Alternatively, Auctioneer at its sole option, may charge a twenty (20%) fee based on the amount of the purchase. In either case the Auctioneer may offset amount of its claim against any monies owing to the Bidder or secure its claim against any of the Bidder?s properties held by the Auctioneer.
27. Purchased lots may be subject to taxes or fees imposed by various U.S. or foreign taxing agencies. Buyer is responsible for paying all taxes and charges whether sales and use taxes, VAT, GST, tariffs, etc. prior to delivery unless other arrangements are made in writing. Lots delivered to Buyer, or Buyer?s representative are subject to all applicable state and local taxes, unless appropriate permits are on file with Auctioneer. Should state sales or use tax become applicable in the state for delivery prior to delivery of the property on the invoice, Buyer agrees to pay same as required by the delivery state as of the shipping date. Buyer agrees to pay Auctioneer the actual amount of tax due plus any interest or penalties required by the taxing authority in the event that sales or use tax is not properly collected due to: 1) an expired, inaccurate, or inappropriate tax certificate or declaration, 2) an incorrect interpretation of the applicable statute, 3) or any other reason. The appropriate form or certificate must be on file at and verified by Auctioneer five days prior to Auction, or tax must be paid; only if such form or certificate is received by Auctioneer within 4 days after Auction can a refund of tax paid be made. Lots from different Auctions may not be aggregated for sales tax purposes.
28. In the event that Buyer?s payment is dishonored upon presentment(s), Buyer shall pay the maximum statutory processing fee set by applicable state law. If Buyer attempts to pay via eCheck and Buyer?s financial institution denies this bank account, or the payment cannot be completed using the selected funding source, Buyer agrees to complete payment using your card on file (subject to the surcharge detailed in paragraph 25).
29. If any Auction invoice submitted by Auctioneer is not paid in full when due, the unpaid balance will bear interest at the highest rate permitted by law from the date of invoice until paid. Any invoice not paid when due will bear a three percent (3%) late fee on the invoice amount. If the Auctioneer refers any invoice to an attorney for collection, Buyer agrees to pay attorney?s fees, court costs, and other collection costs incurred by Auctioneer. If Auctioneer assigns collection to its in-house legal staff, such attorney?s time expended on the matter shall be compensated at a rate comparable to the hourly rate of independent attorneys.
30. In the event Buyer fails to pay any amounts due, Buyer authorizes Auctioneer to charge the Buyer?s card on file with Auctioneer in the amount required to pay the invoice in full or sell the lot(s) securing the invoice to any underbidders in the Auction that the lot(s) appeared, or at subsequent private or public sale, or relist the lot(s) in a future auction conducted by Auctioneer. A defaulting Buyer agrees to pay for the reasonable costs of resale (including a 15% seller?s commission, if consigned to an auction conducted by Auctioneer). The defaulting Buyer is liable to pay any difference between his total original invoice for the lot(s), plus any applicable interest, and the net proceeds for the lot(s) if sold at private sale or the subsequent hammer price of the lot(s) less the 15% seller?s commissions, if sold at an Auctioneer?s auction.
31. Title shall not pass to Buyer until all invoices are paid in full. Auctioneer shall have a lien against the merchandise purchased by Buyer to secure payment of any and all outstanding Auction invoices. Auctioneer is further granted a lien and the right to retain possession of any other property of Buyer then held by Auctioneer or its affiliates to secure payment of any Auction invoice or any other amounts due Auctioneer or affiliates from Buyer. With respect to these lien rights, Auctioneer shall have all the rights of a secured creditor under Article 9 of the Texas Uniform Commercial Code, including but not limited to the right of sale (including a 15% seller?s commission, if consigned to an auction conducted by Auctioneer). Any Heritage foreclosure auction venue is deemed a reasonably commercial sale. In addition, with respect to payment of the Auction invoice(s), Buyer waives any and all rights of offset he might otherwise have against Auctioneer and the consignor of the merchandise included on the invoice. If Buyer owes Auctioneer or its affiliates on any account, Auctioneer and its affiliates shall have the right to offset such unpaid account by any credit balance due Buyer, and it may secure by possessory lien any unpaid amount by any of the Buyer?s property in their possession.
Delivery; Shipping; and Handling Charges:
32. Buyer is liable for all shipping, handling, registration, and renewal fees, if any. Auctioneer is unable to combine purchases from other auctions or affiliates into one package for shipping purposes. Merchandise will be
shipped in a commercially reasonable time after payment in good funds for the merchandise and the shipping fees is received or credit extended, except when third-party shipment occurs. Buyer on lots designated for third-party shipment must designate the common carrier, accept risk of loss, and prepay shipping costs. Buyer agrees that Service and Handling charges related to shipping items which are not pre-paid may be charged to the card on file with Auctioneer (subject to the surcharge detailed in paragraph 25).
33. Successful international Bidders shall provide written shipping instructions, including specified customs declarations, to Auctioneer for any lots to be delivered outside of the United States. NOTE: Declaration value shall be the item?(s) hammer price together with its buyer?s premium and Auctioneer shall use the correct World Customs Organization harmonized code for the lot.
34. On all shipments in which Auctioneer charges the Delivery, Handling, and Transit Fee infra, any risk of loss during shipment will be borne by Auctioneer until the common carrier?s confirmation of delivery to the address of record in Auctioneer?s file, this is the ?Secure Location". A common carrier?s confirmation is conclusive to prove delivery to Buyer; if the client has a Signature release on file or redirects with the carrier, the package is considered delivered without Signature. Auctioneer shall arrange, select, and engage common carriers and other transportation vendors on your behalf. Transit services are subject to the following terms and conditions:
a. Scope of Transit Services: Merchandise for transit will be insured under one or more insurance policies issued by an authorized broker to Auctioneer. The merchandise will be insured for the invoice price of the properties (hammer price plus Buyer?s Premium) (?Insured Value"). For each shipment, Buyer will provide a Secure Location to which the items will be delivered. NOTICE: Auctioneer is neither an insurance company nor a common carrier of any type.
b. Auctioneer?s Compensation for Transit Services: Auctioneer will provide transit services to Buyer for ? of 1% of the Insured Value, plus packaging and handling fees and fees for the common carrier (collectively, ?Delivery, Handling, and Transit Fee"). Buyer agrees to pay Delivery, Handling, and Transit Fee and comply with all terms of payment as set forth herein.
c. Auctioneer?s Limitation of Liability for Transit Services: Buyer understands and agrees that Auctioneer?s liability for loss of or damage to the items, if any, ends when the items have been delivered to the Secure Location, and Auctioneer has received evidence of delivery. Any claim that property has sustained loss or damage during transit must be reported to Auctioneer within seventy-two (72) hours of the delivery date. Any recovery for loss of or damage to any merchandise is limited to the lesser of actual cash value of the merchandise or the Insured Value. Under no circumstances is Auctioneer liable for consequential or punitive damages.
35. It shall be the responsibility for Buyer to arrange pick-up or shipping in a timely manner (within 10 days). Merchandise will be subject to storage and moving charges, including a $100 administration fee plus $10 daily storage for larger items and $5 daily for smaller items (storage fee per item) after 35 days. In the event the merchandise is not removed within ninety days, the merchandise may be offered for sale to recover any past due storage or moving fees, including a 25% Seller?s Commission.
36. A. IMPORTATION RESTRICTIONS AND COMPLIANCE: Please be aware that local laws as to ownership and/or import restrictions may apply on any item auctioned by Auctioneer. It is the Buyer?s responsibility to ensure compliance with all applicable regulations and verify that the item may be legally imported and owned by Buyer. While Auctioneer makes a good faith attempt to include in its descriptions any specifications that may affect local laws on ownership and/or import restrictions, Auctioneer makes no representation as to the rights of anyone to own or import any item into any state or country and is not liable if any such restrictions apply to the Buyer. By placing a bid, the bidder acknowledges that he or she is aware of any restriction in their country or place of residence and takes responsibility for: 1) obtaining all information on such restricted items for both export and import; 2) obtaining all such licenses and/or permits; and 3) providing Auctioneer with a shipping address at which it is legal for Auctioneer to deliver the item. The Buyer shall indemnify Auctioneer against any costs incurred, including but not limited to tariffs, penalties, monetary judgments and attorney?s fees, should the shipping instructions provided to Auctioneer be contrary to local laws or import restrictions. Delay, failure, or incapacity to complete delivery due to local laws or import restrictions do not relieve the buyer of timely payment or afford them the capacity to void their purchase or payment.
36. B. The purchase of items made from protected species: Any property made of or incorporating endangered or protected species or wildlife may have import and/or export restrictions, including but not limited to those established by the Convention of International Trade in Endangered Species of Wild Fauna and Flora (CITES) in various countries and domestically. Plant and animal properties include (but are not limited to) items made of (or including) Brazilian rosewood, ivory, whalebone, turtle shell, coral, crocodile, alligator, lizard, wild bird eggs, or other wildlife. These items may not be available to ship internationally or, in some cases, domestically. Auctioneer makes no representation as to the rights of anyone to import any item into any state or country that restricts the importation of items made from protected species. Delay, failure, or incapacity to obtain any such license or permit does not relieve the buyer of timely payment or afford them the capacity to void their purchase or payment. Lots containing potentially regulated wildlife material are noted in the description as a convenience to our clients, to the extent of Heritage?s knowledge. Heritage Auctions does not accept liability for errors or failure to mark lots containing protected or regulated species. Domestic bans and restrictions exist in these states: 1) California state law prohibits the importation of any product containing Python skin into the State of California, thus no lot containing Python skin will be shipped to or invoiced to a person or company in California. 2) Fossil Ivory is currently banned or restricted in 5 U.S. states: New York, New Jersey, California, Hawaii, and New Mexico. For further assistance, please contact client services at 1-800-872-6467.
36. C. California State law prohibits the importation of any product containing Python skin into the State of California. No merchandise containing Python skin will be shipped to or invoiced to a person or company in California.
36. D. Auctioneer shall not be liable for any loss caused by or resulting from:
a. Seizure or destruction under quarantine or Customs regulation, or confiscation by order of any Government or public authority, or risks of contraband or illegal transportation of trade, or
b. Breakage of statuary, marble, glassware, bric-a-brac, porcelains, jewelry, and similar fragile articles.
37. Any request for shipping verification for undelivered packages must be made within 30 days of shipment by Auctioneer.
Cataloging, Warranties, and Disclaimers:
38. NO WARRANTY, WHETHER EXPRESSED OR IMPLIED, IS MADE WITH RESPECT TO ANY DESCRIPTION CONTAINED IN THIS AUCTION OR ANY SECOND OPINE. Any description of
merchandise or second opine contained in this Auction is for the sole purpose of identifying merchandise for those Bidders who do not have the opportunity to view merchandise prior to bidding, and no description of merchandise has been made part of the basis of the bargain or has created any express warranty that merchandise would conform to any description made by Auctioneer. Color variations can be expected in any electronic or printed imaging, and are not grounds for the return of any lot. NOTE: Auctioneer, in specified auction venues, e.g. Fine Art, may have express written warranties and Bidder is referred to those specific terms and conditions.
39. Auctioneer is selling only such right or title to merchandise being sold as Auctioneer may have by virtue of consignment agreements on the date of auction and disclaims any warranty of title to the merchandise. Auctioneer disclaims any warranty of merchantability or fitness for any particular purposes. All images, descriptions, sales data, and archival records are the exclusive property of Auctioneer, and may be used by Auctioneer for advertising, promotion, archival records, and any other uses deemed appropriate.
40. Translations of foreign language documents may be provided as a convenience to interested parties. Auctioneer makes no representation as to the accuracy of those translations and will not be held responsible for errors in bidding arising from inaccuracies in translation.
41. Auctioneer disclaims all liability for damages, consequential or otherwise, arising out of or in connection with the sale of any merchandise by Auctioneer to Bidder. No third party may rely on any benefit of these Terms and Conditions and any rights, if any, established hereunder are personal to Bidder and may not be assigned. Any statement made by the Auctioneer is an opinion and does not constitute a warranty or representation. No employee of Auctioneer may alter these Terms and Conditions, and, unless signed by a principal of Auctioneer, any such alteration is null and void.
42. Auctioneer shall not be liable for damage to frames, frame glass, cases, holders, or third-party grading encapsulations that do not affect the condition of the merchandise presented for auction. Such defects shall not be a basis for return, repair, or reduction in purchase price.
Release:
43. In consideration of participation in Auction and the placing of a bid, Bidder expressly releases Auctioneer, its officers, directors and employees, its affiliates, and its outside experts that provide second opines, from any and all claims, cause of action, chose of action, whether at law or equity or any arbitration or mediation rights existing under the rules of any professional society or affiliation based upon the assigned description, or a derivative theory, breach of warranty express or implied, representation or other matter set forth within these Terms and Conditions of Auction or otherwise. In the event of a claim, Bidder agrees that such rights and privileges conferred therein are strictly construed as specifically declared herein, and are the exclusive remedy. Bidder, by non-compliance to these express terms of a granted remedy, shall waive any claim against Auctioneer.
44. Notice: Some merchandise sold by Auctioneer is inherently dangerous e.g. firearms, cannons, and small items that may be swallowed or ingested or may have latent defects all of which may cause harm to a person. Buyer accepts all risk of loss or damage from its purchase of these items and Auctioneer disclaims any liability whether under contract or tort for damages and losses, direct or inconsequential, and expressly disclaims any warranty as to safety or usage of any lot sold.
Dispute Resolution, Arbitration, and Remedies:
By placing a bid or otherwise participating in Auction, Bidder accepts these Terms and Conditions of Auction, and specifically agrees to the dispute resolution provided herein.
45. Exclusive Dispute Resolution Process: All claims, disputes, or controversies in connection with, relating to, and/or arising out of Bidder?s participation in Auction or purchase of any lot, any interpretation of the Terms and Conditions of Sale or any amendments thereto, any description of any lot or condition report, any damage to any lot, any alleged verbal modification of any term of sale or condition report or description, and/or any purported settlement whether asserted in contract, tort, under Federal or State statute or regulation, or any claim made by Bidder of a lot or Bidder?s participation in Auction involving the auction or a specific lot involving a warranty or representation of a consignor or other person or entity including Auctioneer {which claim Bidder consents to be made a party} (collectively, ?Claim") shall be exclusively heard by, and the claimant (or respondent) and Auctioneer each consent to the Claim being presented in a confidential binding arbitration before a single arbitrator administrated by and conducted under the rules of, the American Arbitration Association. The locale for all such arbitrations shall be Dallas, Texas. The arbitrator?s award may be enforced in any court of competent jurisdiction. In the event that any Claim needs to be litigated, including actions to compel arbitration, construe the agreement, actions in aid of arbitration, or otherwise, such litigation shall be exclusively in the Courts of the State of Texas, in Dallas County, Texas, and if necessary the corresponding appellate courts. If a Claim involves a consumer, exclusive subject matter jurisdiction for the Claim is in the State District Courts of Dallas County, Texas and the consumer consents to subject matter and in personam jurisdiction; further CONSUMER EXPRESSLY WAIVES ANY RIGHT TO TRIAL BY JURY. A consumer may elect arbitration as specified above. Any claim involving the purchase or sale of numismatic or related items may be submitted through binding PNG arbitration. A Claim is not subject to class certification.
46. Choice of Law: Agreement and any Claim shall be determined and construed under Texas law. For auctions conducted by Heritage Auctions (HK) Limited, any Agreement and any Claim shall be determined and construed under Hong Kong law.
47. Fees and Costs: The prevailing party (a party that is awarded substantial and material relief on its damage claim based on damages sought versus awarded or the successful defense of a Claim based on damages sought versus awarded) may be awarded reasonable attorneys? fees and costs.
48. Remedies: Any Claim must be brought within two (2) years of the alleged breach, default or misrepresentation or the Claim is waived. After one (1) year has elapsed, Auctioneer?s maximum liability shall be limited to any commissions and fees Auctioneer earned on that lot. Auctioneer in no event shall be responsible for consequential damages, incidental damages, compensatory damages, or any other damages arising or claimed to be arising from the auction of any lot. Exemplary or punitive damages are not permitted and are waived. In the event that Auctioneer cannot deliver the lot or subsequently it is established that the lot lacks title, or other transfer or condition issue is claimed, in such cases the sole remedy shall be limited to rescission of sale and refund of the amount paid by Buyer; in no case shall Auctioneer?s maximum liability exceed the high bid on that lot, which bid shall be deemed for all purposes the value of the lot. In the event of an attribution error, Auctioneer may at its sole discretion, correct the error on the Internet, or, if discovered at a later date, refund Buyer?s purchase price without further obligation. Nothing herein shall be construed to extend the time of return or conditions and restrictions for return.
49. These Terms & Conditions provide specific remedies for occurrences in the auction and delivery process. Where such remedies are afforded, they shall be interpreted strictly. Bidder agrees that any claim shall utilize such remedies; Bidder making a claim in excess of those remedies provided in these Terms and Conditions agrees that in no case whatsoever shall Auctioneer?s maximum liability exceed the high bid on that lot, which bid shall be deemed for all purposes the value of the lot.
Miscellaneous:
50. Agreements between Bidders and consignors to effectuate a non-sale of an item at Auction, inhibit bidding on a consigned item to enter into a private sale agreement for said item, or to utilize Auctioneer?s Auction to obtain sales for non-selling consigned items subsequent to Auction, are strictly prohibited. If a subsequent sale of a previously consigned item occurs in violation of this provision, Auctioneer reserves the right to charge Bidder the applicable Buyer?s Premium and consignor a Seller?s Commission as determined for each auction venue and by the terms of the seller?s agreement.
51. Acceptance of these Terms and Conditions qualifies Bidder as a client who has consented to be contacted by Heritage in the future. In conformity with ?do-not-call" regulations promulgated by the Federal or State regulatory agencies, participation by Bidder is affirmative consent to being contacted at the phone number shown in his application and this consent shall remain in effect until it is revoked in writing. Heritage may from time to time contact Bidder concerning sale, purchase, and auction opportunities available through Heritage and its affiliates and subsidiaries.
52. Rules of Construction: Auctioneer presents properties in a number of collectible fields, and as such, specific venues have promulgated supplemental Terms and Conditions. Nothing herein shall be construed to waive the general Terms and Conditions of Auction by these additional rules and shall be construed to give force and effect to the rules in their entirety.
State Notices:
Notice as to an Auction in California. Auctioneer has in compliance with Title 2.95 of the California Civil Code as amended October 11, 1993 Sec. 1812.600, posted with the California Secretary of State its bonds for it and its employees, and the auction is being conducted in compliance with Sec. 2338 of the Commercial Code and Sec. 535 of the Penal Code.
Notice as to an Auction in Texas. Notice is hereby given that the auctioneer is licensed by the Texas Department of Professional Licensing and Regulation, and any concerns may be addressed to Department at P. O. Box 12157, Austin, TX 78711, (512) 463-6599, or https://www.tdlr.texas.gov/.
Rev. 4-8-2025
COINS & CURRENCY TERM A: Auctions are not on approval. No certified material may be returned because of possible differences of opinion with respect to the grade offered by any third-party organization, dealer, or service. No guarantee of grade is offered for uncertified Property sold and subsequently submitted to a third-party grading service. There are absolutely no exceptions to this policy. Under extremely limited circumstances, (e.g. gross cataloging error) a purchaser, who did not bid from the floor, may request Auctioneer to evaluate voiding a sale: such request must be made in writing detailing the alleged gross error; submission of the lot to the Auctioneer must be pre-approved by the Auctioneer; and bidder must notify the appropriate department head (check the inside front cover of the catalog or our website for a listing of department heads) in writing of such request within three (3) days of the non-floor bidder?s receipt of the lot. Any lot that is to be evaluated must be in our offices within 30 days after Auction. Grading or method of manufacture do not qualify for this evaluation process nor do such complaints constitute a basis to challenge the authenticity of a lot. AFTER THAT 30-DAY PERIOD, NO LOTS MAY BE RETURNED FOR REASONS OTHER THAN AUTHENTICITY. ANY LOTS PRESENTED ?Sold As Is, No Return Lot," MAY NOT BE RETURNED
FOR ANY REASON, INCLUDING AUTHENTICITY. Lots returned must be housed intact in their original holder. No lots purchased by floor Bidders may be returned (including those Bidders acting as agents for others) except for authenticity. Late remittance for purchases may be considered just cause to revoke all return privileges.
COINS & CURRENCY TERM B: Bidders who have inspected the lots prior to any Auction, or attended the Auction, or bid through an Agent, will not be granted any return privileges, except for reasons of authenticity.
COINS & CURRENCY TERM C: Coins sold referencing a third-party grading service are sold ?as is" without any express or implied warranty, except for a guarantee by Auctioneer that they are genuine. Certain warranties may be available from the grading services and the Bidder is referred to them for further details: Numismatic Guaranty Corporation (NGC), P.O. Box 4776, Sarasota, FL 34230, http://www.ngccoin.com/ services/writtenguarantee.asp; Professional Coin Grading Service (PCGS), PO Box 9458, Newport Beach, CA 92658, http://www.pcgs.com/guarantee.html; ANACS, 6555 S. Kenton St. Ste. 303, Englewood, CO 80111; and Independent Coin Grading Co. (ICG), 7901 East Belleview Ave., Suite 50, Englewood, CO 80111.
COINS & CURRENCY TERM D: Notes sold referencing a third-party grading service are sold ?as is" without any express or implied warranty, except for guarantee by Auctioneer that they are genuine. Grading, condition or other attributes of any lot may have a material effect on its value, and the opinion of others, including third-party grading services such as PCGS Currency and PMG may differ with that of Auctioneer. Auctioneer shall not be bound by any prior or subsequent opinion, determination, or certification by any grading service. Bidder specifically waives any claim to right of return of any item because of the opinion, determination, or certification, or lack thereof, by any grading service. Certain warranties may be available from the grading services and the Bidder is referred to them for further details: Paper Money Guaranty (PMG), PO Box 4711, Sarasota FL 34230; PCGS Currency, PO Box 10470, Peoria, IL 61612-0470; PCGS Gold Shield, PO Box 9458, Newport Beach, CA 92658. Third-party graded notes are not returnable for any reason whatsoever.
COINS & CURRENCY TERM E: Notes graded by PCGS Currency between February 4, 2009 and January 30, 2019 were graded and authenticated by K3B, Inc. under license from Collectors Universe, Inc. K3B, Inc., now operating as Legacy Currency Grading, has expressed in writing that notes graded under the license during this time period will still be covered by the full written guaranty of PCGS Currency. Warranties may be available from Collectors Universe, Inc. for all PCGS Currency notes graded prior to February 4, 2009.
COINS & CURRENCY TERM F: Since we cannot examine encapsulated coins or notes, they are sold ?as is" without our grading opinion, and may not be returned for any reason. Auctioneer shall not be liable for any patent or latent defect or controversy pertaining to or arising from any encapsulated collectible. In any such instance, purchaser?s remedy, if any, shall be solely against the service certifying the collectible.
COINS & CURRENCY TERM G: Due to changing grading standards over time, differing interpretations, and to possible mishandling of items by subsequent owners, Auctioneer reserves the right to grade items differently than shown on certificates from any grading service that accompany the items. Auctioneer also reserves the right to grade items differently than the grades shown in the prior catalog should such items be reconsigned to any future auction.
COINS & CURRENCY TERM H: Although consensus grading is employed by most grading services, it should be noted as aforesaid that grading is not an exact science. In fact, it is entirely possible that if a lot is broken out of a plastic holder and resubmitted to another grading service or even to the same service, the lot could come back with a different grade assigned.
COINS & CURRENCY TERM I: Certification does not guarantee protection against the normal risks associated with potentially volatile markets. The degree of liquidity for certified coins and collectibles will vary according to general market conditions and the particular lot involved. For some lots there may be no active market at all at certain points in time.
COINS & CURRENCY TERM J: All non-certified coins and currency are guaranteed genuine, but are not guaranteed as to grade, since grading is a matter of opinion, an art and not a science, and therefore the opinion rendered by the Auctioneer or any third party grading service may not agree with the opinion of others (including trained experts), and the same expert may not grade the same item with the same grade at two different times. Auctioneer has graded the noncertified numismatic items, in the Auctioneer?s opinion, to their current interpretation of the American Numismatic Association?s standards as of the date the catalog was prepared. There is no guarantee or warranty implied or expressed that the grading standards utilized by the Auctioneer will meet the standards of any grading service at any time in the future.
COINS & CURRENCY TERM K: Storage of purchased coins and currency: Purchasers are advised that certain types of plastic may react with a coin?s metal or transfer plasticizer to notes and may cause damage. Caution should be used to avoid storage in materials that are not inert.
COINS & CURRENCY TERM L: NOTE: Purchasers of rare coins or currency through Heritage have available the option of arbitration by the Professional Numismatists Guild (PNG); if an election is not made within ten (10) days of an unresolved dispute, Auctioneer may elect either PNG or A.A.A. Arbitration.
COINS & CURRENCY TERM M: For more information regarding Canadian lots attributed to the Charlton reference guides, please contact: Charlton International, PO Box 820, Station Willowdale B, North York, Ontario M2K 2R1 Canada.
COINS & CURRENCY TERM N: Financing. Auctioneer offers various extended payment options to qualified pre-approved persons and companies. The options include Extended Payment Programs (EPP) Flexible Payment Program (FPP) and Dealer Terms. Each program has its specific terms and conditions and such terms and conditions are strictly enforced. Each program has to be executed by the purchaser. Auctioneer reserves the right to alter or deny credit and in such case these auction terms shall control.
For wiring instructions, call the Credit department at 877-HERITAGE (437-4824) or email: CreditDept@HA.com.
Additional Terms & Conditions: MEMORABILIA & HISTORICAL AUCTIONS
MEMORABILIA & HISTORICAL TERM A: Auctions of Autographs, Sports Collectibles, Music, Entertainment, Political, Americana, Vintage Movie Posters and Pop Culture memorabilia are not on approval. When the lot is accompanied by a Certificate of Authenticity (or its equivalent) from a third-party authentication provider, buyer has no right of return. On lots not accompanied by third-party authentication or under extremely limited circumstances not including authenticity (e.g. gross cataloging error), a purchaser who did not bid from the floor may request Auctioneer to evaluate voiding a sale; such request must be made in writing detailing the alleged gross error, and submission of the lot to Auctioneer must be pre-approved by Auctioneer. A Bidder must notify the appropriate department head (check the inside front cover of the catalog or our website for a listing of department heads) in writing of the Bidder?s request within three (3) days of the non-floor bidder?s receipt of the lot. Any lot that is to be evaluated for return must be received in our offices within 35 days after Auction. AFTER THAT 35 DAY PERIOD, NO LOT MAY BE RETURNED FOR ANY REASONS. ANY LOTS PRESENTED ?Sold As Is, No Return Lot," MAY NOT BE RETURNED FOR ANY REASON,
INCLUDING AUTHENTICITY. Lots returned must be in the same condition as when sold and must include any Certificate of Authenticity. No lots purchased by floor bidders (including those bidders acting as agents for others) may be returned. Late remittance for purchases may be considered just cause to revoke all return privileges.
MEMORABILIA & HISTORICAL TERM B: On any lot presented with a Letter of Authenticity (?LOA") issued by Auctioneer or its Heritage affiliates, that warranty inures only to the original purchaser (as shown in Auctioneer?s records) ?Purchaser". Purchaser may not transfer the rights afforded under the LOA and it is null and void when Purchaser transfers or attempts to transfer the lot. The LOA warranty is valid from date of the auction in which Purchaser was awarded the lot to four (4) years after its purchase. The LOA warranty is valid as to its attribution to the person or entity described or to the lot?s usage, e.g. game worn. Claim procedure: Purchaser must contact the Auctioneer prior to submission of the lot as to his intent to make a claim and arrange secure shipment. If a lot?s authenticity is questioned by Purchaser within the warranty period, Purchaser must present with the claim, authoritative written evidence that the lot is not authentic as determined by a known expert in the sports field. If Auctioneer concurs that the lot is not as represented, Purchaser shall be refunded their purchase price. If the Auctioneer denies the claim, the Purchaser may file the dispute with the American Arbitration Association with locale in Dallas, Texas, before a single arbitrator under expedited rules. The LOA does not provide for incidental or consequential damages or other indirect damages. Any lot sold with a certificate of authenticity or other warranty from an entity other than Auctioneer or Heritage?s affiliates is subject to such issuing entity?s rules and such conditions are the sole remedy afforded to purchaser.
MEMORABILIA & HISTORICAL TERM C: As authenticity and provenance are not warranted, if a Bidder intends to challenge, authenticity or provenance of a lot he must notify Auctioneer in writing within thirty-five (35) days of the Auction?s conclusion. Any claim as to provenance or authenticity must be first transmitted to Auctioneer by credible and definitive evidence or the opine of a qualified third-party expert and there is no assurance after such presentment that Auctioneer will validate the claim. Authentication is not an exact science and contrary opinions may not be recognized by Auctioneer. Even if Auctioneer agrees with the contrary opinion of such authentication and validates the claim, Auctioneer?s liability for reimbursement for any opine by Bidder?s expert shall not exceed $500. Acceptance of a claim under this provision shall be limited to rescission of the sale and refund of purchase price; in no case shall Auctioneer?s maximum liability exceed the high bid on that lot, which bid shall be deemed for all purposes the value of the lot. While every effort is made to determine provenance and authenticity, it is the responsibility of the Bidder to arrive at their own conclusion prior to bidding.
MEMORABILIA & HISTORICAL TERM D: In the event Auctioneer cannot deliver the lot or subsequently it is established that the lot lacks title, or other transfer or condition issue is claimed, Auctioneer?s liability shall be limited to rescission of sale and refund of purchase price; in no case shall Auctioneer?s maximum liability exceed the high bid on that lot, which bid shall be deemed for all purposes the value of the lot. After one year has elapsed from the close of the Auction, Auctioneer?s maximum liability shall be limited to any commissions and fees Auctioneer earned on that lot.
MEMORABILIA & HISTORICAL TERM E: Material sold referencing a third-party grading service are sold ?as is" without our grading opinion and without any express or implied warranty. No returns of IGS-certified, VHSDNA-certified, or Beckett-certified material will be accepted for any reason. Auctioneer shall not be liable for any patent or latent defect or controversy pertaining to or arising from any encapsulated material. Certain warranties may be available from the grading services and Purchaser?s sole remedy shall be against the service grading the material. Purchaser is referred to relevant grading service for further details: Investment Grading Services (IGS), 4221 Wilshire Blvd, #322, Los Angeles, 90010; VHSDNA/Beckett Collectibles, 2700 Summit Ave, Ste. 100, Plano, TX 75074. Even with optimal shipping methods, holders may occasionally incur chipping and cracking during transit. Auctioneer will ensure the integrity of the encapsulated merchandise but cannot guarantee the condition of the holders upon delivery and will not accept returns for holder damage unless it affects the graded condition of the merchandise. If damage to the holder compromises the integrity of the holder or the merchandise?s condition, Auctioneer will facilitate reholdering at its expense or reimburse anticipated reholder fees.
MEMORABILIA & HISTORICAL TERM F: Due to the unique nature of boxes of sports, non-sports trading card, and collectible card game materials, any such lot that is sold without third-party grading or authentication is sold as-is, without any warranty expressed or implied. Any Bidder or Purchaser who intends to challenge authenticity or provenance of a box lot must notify Auctioneer in writing within thirty (30) days of the Auction?s conclusion or, in the event of private sale, within thirty (30) days of the date of invoice. In the event it is established that the lot lacks title, provenance, authenticity, or other transfer or condition issue is claimed within the thirty-day period, Auctioneer?s liability shall be limited to rescission of sale and refund of purchase price; in no case shall Auctioneer?s maximum liability exceed the high bid or purchase price on that lot, which bid shall be deemed for all purposes the value of the lot. After the thirty-day period has elapsed, a box lot is deemed a final sale and the right of return, objection, or claim arising from a challenge to the authenticity, provenance, or other transfer or condition issue is extinguished and void. For avoidance of doubt, after the thirty-day period has elapsed, in no event shall Auctioneer?s maximum liability exceed the commissions and fees Auctioneer earned on that lot.
MEMORABILIA & HISTORICAL TERM G: On the fall of Auctioneer?s hammer, buyer assumes full risk and responsibility for lot, including shipment by common carrier, and must provide their own insurance coverage for shipments.
MEMORABILIA & HISTORICAL TERM H: Auctioneer complies with all Federal and State rules and regulations relating to the purchasing, registration and shipping of firearms. A purchaser is required to provide appropriate documents and the payment of associated fees, if any. Purchaser is responsible for providing a shipping address that is suitable for the receipt of a firearm.
MEMORABILIA & HISTORICAL TERM I: Firearms. All firearms, antique, modern, or collectible, are sold ?AS IS". Auctioneer has not inspected the lot for damage or defect patent or latent that may affect the firing or attempted firing of the lot. Purchaser assumes the obligation to inspect the lot before an attempted firing. Auctioneer suggests that each lot be thoroughly inspected by a professional gunsmith. Heritage specifically disclaims any warranty of fitness for a particular purpose or any warranty express or implied or otherwise stated. Auctioneer disclaims any liability pertaining to the lot. Purchaser assumes all RISK of LOSS in the handling of the firearm.
MEMORABILIA & HISTORICAL TERM J: Screen Shot. Screen shots included in the catalog or on the Heritage Internet are provided for reference only. Important Notice: Many identical versions of props and costumes are created for film and television productions in the normal course of a production. Heritage does not warrant or represent that the screen shots referenced are exact images of the offered item (unless specifically noted in the written description). Use of a screen shot does not constitute a warranty or representation of authenticity or provenance. There is not a right of return or refund based upon a claim arising out of or pertaining to any reference to a screen shot.
SPECIAL TERM K: GUITARS: Bidders are urged to make a personal inspection of any guitar that they intend to bid on as there is a limited right of return. Heritage makes a visual inspection of the guitars to determine whether there are patent defects and whether the date and manufacturer corresponds to the description. Returns are not accepted for latent defects, structural issues, or mechanical and sound reproduction issues. It should be assumed that set up, adjustments and normal maintenance are necessary.
MEMORABILIA & HISTORICAL TERM L: Financing. Auctioneer offers various extended payment options to qualified pre-approved persons and companies. The options include Extended Payment Programs (EPP) Flexible Payment Program (FPP) and Dealer Terms. Each program has its specific terms and conditions and such terms and conditions are strictly enforced. Each program has to be executed by the purchaser. Auctioneer reserves the right to alter or deny credit and in such case these auction terms shall control.
MEMORABILIA & HISTORICAL TERM M: Arms and Armament ? Firearms. Various lots are presented and sold subject to written opinions of recognized experts in the field. The opinions are based upon the expert?s research and inspection of the lot prior to auction and is believed to be accurate. However, opinions may differ and historical information may be subsequently developed that could influence the written opinion of the expert or may alter a lot?s provenance or authenticity. Lots accompanied by or referencing an expert?s opinion are sold subject to that opinion and may not be returned for any reason except as permitted in Memorabilia & Historical Term C above which term shall be strictly enforced.
MEMORABILIA & HISTORICAL TERM N: Lots are sold without any transfer or copyright, moral rights, or any other attribute of authorship unless same is expressly stated in the lot description. It should be assumed that the purchaser of any painting, drawing, print, sculpture, manuscript, or other work of authorship acquires no right to reproduce that work or create derivative works therefrom, or act in any other way contrary to the legal rights of the author or assignee thereof as provided in the Copyright Act or other federal, state, or international laws and treaties.
Heritage Auctions provides as much information as possible but strongly encourages in-person inspection. Condition statements are offered as general guidance only, not as complete representations of fact, and do not constitute a warranty or assumption of liability by Heritage. Some condition issues may not be noted but may be visible in the photos, which are considered part of the condition report. Lots estimated at $1,000 or less are not de-framed for inspection, and we may be unable to provide additional details for lots valued under $500. Heritage does not guarantee the condition of frames and is not liable for damage to frames, glass/acrylic coverings, original boxes, display accessories, or artwork that has shifted in the frame. All lots are sold "AS IS" under our Terms & Conditions of Auction.
For wiring instructions, call the Credit department at 877-HERITAGE (437-4824) or email: CreditDept@HA.com.
FINE & DECORATIVE ARTS TERM A: LIMITED WARRANTY: Auctioneer warrants authorship, period or culture of each lot sold in this catalog as set out in the BOLD-face type heading in the catalog description of the lot, with the following exclusions. This warranty does not apply to:
i. authorship of any paintings, drawings or sculpture created prior to 1870, unless the lot is determined to be a counterfeit which has a value at the date of the claim for rescission which is materially less than the purchase price paid for the lot; or
ii. any catalog description where it was specifically mentioned that there is a conflict of specialist opinion on the authorship of a lot; or
iii. authorship which on the date of sale was in accordance with the then generally accepted opinion of scholars and specialists, despite the subsequent discovery of new information, whether historical or physical, concerning the artist or craftsman, his students, school, workshop or followers; or
iv. the identification of periods or dates of execution which may be proven inaccurate by means of scientific processes not generally accepted for use until after publication of the catalog, or which were unreasonably expensive or impractical to use at the time of publication of the catalog.
The term counterfeit is defined as a modern fake or forgery, made less than fifty years ago with the intent to deceive. The authenticity of signatures, monograms, initials, or other similar indications of authorship is expressly excluded as a controlling factor in determining whether a work is a counterfeit under the meaning of these Terms and Conditions of Auction.
FINE & DECORATIVE ARTS TERM B: GLOSSARY OF TERMS: Terms used in this catalog have the following meanings. Please note that all statements in this catalog, excluding those in BOLD-face type, regarding authorship, attribution, origin, date, age, provenance and condition are statements of opinion and are not treated as a statement of fact.
1. THOMAS MORAN
In our opinion, the work is by the artist.
2. ATTRIBUTED TO THOMAS MORAN
In our opinion, the work is of the period of the artist which may be whole or in part the work of the artist.
3. STUDIO, (CIRCLE OR WORKSHOP) OF THOMAS MORAN
In our opinion, the work is of the period and closely relates to his style.
4. SCHOOL OF THOMAS MORAN
In our opinion, the work is by a pupil or a follower of the artist.
5. MANNER OF THOMAS MORAN
In our opinion, the work is in the style of the artist and is of a later period.
6. AFTER THOMAS MORAN
In our opinion, this work is a copy of the artist.
7. ASCRIBED TO THOMAS MORAN
In our opinion, this work is not by the artist; however, pervious scholarship has noted this to be a work by the artist.
8. SIGNED (OR DATED)
The work has a signature (or date) which in our opinion is genuine.
9. BEARS SIGNATURE (OR DATE)
The work has a signature (or date) which in our opinion is not authentic.
FINE & DECORATIVE ARTS TERM C: PRESENTMENT: The warranty as to authorship is provided for a period of one (1) year from the date of the auction and is only for the benefit of the original purchaser of record and is not transferable.
FINE & DECORATIVE ARTS TERM D: The Auction is not on approval. Under extremely limited circumstances (e.g. gross cataloging error), not including attributions in BOLD-face type, which are addressed in Term F below, a purchaser who did not bid from the floor may request Auctioneer to evaluate voiding a sale; such request must be made in writing detailing the alleged gross error, and submission of the lot to Auctioneer must be pre-approved by Auctioneer. A bidder must notify the appropriate department head (check the inside front cover of the catalog or our website for a listing of department heads) in writing of the purchaser?s request within three (3) days of the non-floor bidder?s receipt of the lot. Any lot that is to be evaluated for return must be received in our offices within 40 days after Auction. AFTER THAT 40-DAY PERIOD, NO LOT MAY BE RETURNED FOR ANY REASON. ANY LOTS PRESENTED ?Sold As Is, No Return Lot," MAY NOT BE RETURNED
FOR ANY REASON, INCLUDING AUTHENTICITY. Lots returned must be in the same condition as when sold and must include any Certificate of Authenticity. No lots purchased by floor bidders (including those bidders acting as agents for others) may be returned. Late remittance for purchases may be considered just cause to revoke all return privileges.
FINE & DECORATIVE ARTS TERM E: The catalog descriptions are provided for identification purposes only. Bidders who intend to challenge a BOLD-face provision in the description of a lot must notify Auctioneer in writing within forty (40) days of the Auction?s conclusion. In the event Auctioneer cannot deliver the lot or subsequently it is established that the lot lacks title or the BOLD-face section of description is incorrect, or other transfer or condition issue is claimed, Auctioneer?s liability shall be limited to rescission of sale and refund of purchase price. In no case shall Auctioneer?s maximum liability exceed the successful bid on that lot, which bid shall be deemed for all purposes the value of the lot. After one year has elapsed from the close of the Auction, Auctioneer?s maximum liability shall be limited to any commissions and fees Auctioneer earned on that lot.
FINE & DECORATIVE ARTS TERM F: Any claim as to authorship, provenance, authenticity, or other matter under the remedies provided in the Fine Arts Terms and Conditions or otherwise must be first transmitted to Auctioneer by credible and definitive evidence within the applicable claim period. Auctioneer, in processing the written claim, may require the Purchaser to obtain the written opinion of two recognized experts in the field who are mutually accepted by Auctioneer and Purchaser. Upon receipt of the two opinions, Auctioneer shall determine whether to rescind the sale. The Purchaser?s claim must be presented in accord with the remedies provided herein and is subject to the limitations and restrictions provided (including within the described time limitations). Regardless of Purchaser?s submissions there is no assurance after such presentment that Auctioneer will validate the claim. Authentication is not an exact science and contrary opinions may not be recognized by Auctioneer. Even if Auctioneer agrees with the contrary opinion of such authentication and provides a remedy within these Terms and Conditions or otherwise, our liability for reimbursement for bidder?s third party opines shall not exceed $500. The right of rescission, return, or any other remedy provided in these Terms and Conditions, or any other applicable law, does not extend to authorship of any lot which at the date of Auction was in accordance with the then generally accepted opinion of scholars and specialists, despite the subsequent discovery of new information, whether historical or physical, concerning the artist, his students, school, workshop or followers. Purchaser by placing a bid expressly waives any claim or damage based on such subsequent information as described herein. It is specifically understood that any refund agreed to by the Auctioneer would be limited to the purchase price.
FINE & DECORATIVE ARTS TERM G: Provenance and authenticity, excluding attributions in BOLD-face type, are guaranteed by neither the consignor nor Auctioneer. While every effort is made to determine provenance and authenticity, it is the responsibility of the Bidder to arrive at their own conclusion prior to bidding.
FINE & DECORATIVE ARTS TERM H: On the fall of Auctioneer?s hammer, Buyers of Fine Arts and Decorative Arts lots assumes full risk and responsibility for lot, including shipment by common carrier or third-party shipper, and must provide their own insurance coverage for shipments.
FINE & DECORATIVE ARTS TERM I: Auctioneer complies with all Federal and State rules and regulations relating to the purchasing, registration and shipping of firearms. A purchaser is required to provide appropriate documents and the payment of associated fees, if any. Purchaser is responsible for providing a shipping address that is suitable for the receipt of a firearm.
FINE & DECORATIVE ARTS TERM J: Right of Inspection and Return on Certain Lots. Framed Lots estimated at $1000 or less shall not be unframed for inspection and may not be returned based on condition and are sold ?AS IS".
FINE & DECORATIVE ARTS TERM K: Lots are sold without any transfer or copyright, moral rights, or any other attribute of authorship unless same is expressly stated in the lot description. It should be assumed that the purchaser of any painting, drawing, print, sculpture, manuscript, or other work of authorship acquires no right to reproduce that work or create derivative works therefrom, or act in any other way contrary to the legal rights of the author or assignee thereof as provided in the Copyright Act or other federal, state, or international laws and treaties.
Heritage Auctions strongly encourages in-person inspection of lots by the Bidder. While Heritage is not obligated to provide a condition report of each lot, Bidders may feel free to contact the department for a Condition Report, and Heritage will attempt to furnish one, but shall not be liable for failing to do so. Condition is often detailed online, but is not included in our catalogues. The Bidder should review online descriptions, as the descriptions supersede catalog descriptions and any condition reports otherwise provided. Heritage condition statements whether appearing in the catalog, online, or at a person?s request are based on a visual inspection and are for guidance only and should not be relied upon as statements of fact, and do not constitute a representation, warranty, or assumption of liability by Heritage. Please note that we do not de-frame lots estimated at $1,000 or less and may not be able to provide additional details for lots valued under $500. All lots offered regardless of a condition report are sold ?AS IS".
For wiring instructions, call the Credit department at 877-HERITAGE (437-4824) or email: CreditDept@HA.com.
SPORTS COLLECTIBLES AUCTIONS
SPORTS COLLECTIBLES TERM A: Auctions are not on approval. No certified material may be returned because of possible differences of opinion with respect to the grade offered by any third-party organization, dealer, or service. No guarantee of grade is offered for uncertified Property sold and subsequently submitted to a third-party grading service. There are absolutely no exceptions to this policy. Under extremely limited circumstances, (e.g. gross cataloging error) a purchaser, who did not bid from the floor, may request Auctioneer to evaluate voiding a sale; such request must be made in writing detailing the alleged gross error, and submission of the lot to the Auctioneer must be pre-approved by the Auctioneer; A bidder must notify the appropriate department head (check the inside front cover of the catalog or our website for a listing of department heads) in writing of such request within three (3) days of the mail bidder?s receipt of the lot. Any lot that is to be evaluated must be in our offices within 30 days after Auction. Grading does not qualify for this evaluation process nor do such complaints constitute a basis to challenge the authenticity of a lot. AFTER THAT 30-DAY PERIOD, NO LOTS MAY BE RETURNED FOR REASONS OTHER THAN AUTHENTICITY. ANY LOTS PRESENTED ?Sold As Is, No Return Lot," MAY NOT BE RETURNED FOR ANY REASON,
INCLUDING AUTHENTICITY. Lots returned must be housed intact in the original holder. No lots purchased by floor Bidders (including those Bidders acting as agents for others) may be returned. Late remittance for purchases may be considered just cause to revoke all return privileges.
SPORTS COLLECTIBLES TERM B: Bidders who have inspected the lots or had the opportunity to inspect the lots prior to any Auction will not be granted any return privileges.
SPORTS COLLECTIBLES TERM C: Sportscards sold referencing a third-party grading service are sold ?as is" without any express or implied warranty. Certain warranties may be available from the grading services and the Bidder is referred to them for further details: Professional Sports Authenticator (PSA/DNA), 7000 Barranca Pkwy., Irvine, CA 92618; Sportscard Guaranty LLC (SGC), 951 Yamato Rd., Suite 110, Boca Raton, FL 33431; Beckett Grading Service (BGS), 2700 Summit Ave, Ste. 100, Plano, TX 75074; Baseball Card Exchange, 2412 US Highway 41, Schererville, IN 46375.
SPORTS COLLECTIBLES TERM D: On any lot presented with a Letter of Authenticity (?LOA") issued by Auctioneer or its Heritage affiliates, that warranty inures only to the original purchaser (as shown in Auctioneer?s records) ?Purchaser". Purchaser may not transfer the rights afforded under the LOA and it is null and void when Purchaser transfers or attempts to transfer the lot. The LOA warranty is valid from date of the auction in which Purchaser was awarded the lot to four (4) years after its purchase. The LOA warranty is valid as to its attribution to the person or entity described or to the lot?s usage,
e.g. game worn. Claim procedure: Purchaser must contact the Auctioneer prior to submission of the lot as to his intent to make a claim and arrange secure shipment. If a lot?s authenticity is questioned by Purchaser within the warranty period, Purchaser must present with the claim, authoritative written evidence that the lot is not authentic as determined by a known expert in the sports field. If Auctioneer concurs that the lot is not as represented, Purchaser shall be refunded their purchase price. If the Auctioneer denies the claim, the Purchaser may file the dispute with the American Arbitration Association with locale in Dallas, Texas, before a single arbitrator under expedited rules. The LOA does not provide for incidental or consequential damages or other indirect damages. Any lot sold with a certificate of authenticity or other warranty from an entity other than Auctioneer or Heritage?s affiliates is subject to such issuing entity?s rules and such conditions are the sole remedy afforded to purchaser. For information as to third party authentication warranties the bidder is directed to: PSA/DNA, 7000 Barranca Pkwy., Irvine, CA 92618; JT Sports, 3 South Granville Ave., Suite 103, Margate, NJ 08402; MEARS, 1234 East Manitoba Ave., South Milwaukee, WI 53172; JO Sports, P.O. Box 607, Brookhaven, NY 11719; GameWornAuctions.net, 461 Cresta Cir., West Palm Beach, FL, 33413; Resolution Photomatching, 12740 89th Pl. NE, Kirkland, WA 98034; Sports Investors Authentication LLC, 5250 Gem Lake Ct., Colorado Springs, CO 80924; or as otherwise noted on the Certificate.
SPORTS COLLECTIBLES TERM E: Bidders who intend to challenge authenticity or provenance of a lot must notify Auctioneer in writing within thirty (30) days of the Auction?s conclusion. In the event Auctioneer cannot deliver the lot or subsequently it is established that the lot lacks title, provenance, authenticity, or other transfer or condition issue is claimed, Auctioneer?s liability shall be limited to rescission of sale and refund of purchase price; in no case shall Auctioneer?s maximum liability exceed the high bid on that lot, which bid shall be deemed for all purposes the value of the lot. After one year has elapsed, Auctioneer?s maximum liability shall be limited to any commissions and fees Auctioneer earned on that lot.
SPORTS COLLECTIBLES TERM F: Due to the unique nature of boxes of sports, non-sports trading card, and collectible card game materials, any such lot that is sold without third-party grading or authentication is sold as-is, without any warranty expressed or implied. Any Bidder or Purchaser who intends to challenge authenticity or provenance of a box lot must notify Auctioneer in writing within thirty (30) days of the Auction?s conclusion or, in the event of private sale, within thirty (30) days of the date of invoice. In the event it is established that the lot lacks title, provenance, authenticity, or other transfer or condition issue is claimed within the thirty-day period, Auctioneer?s liability shall be limited to rescission of sale and refund of purchase price; in no case shall Auctioneer?s maximum liability exceed the high bid or purchase price on that lot, which bid shall be deemed for all purposes the value of the lot. After the thirty-day period has elapsed, a box lot is deemed a final sale and the right of return, objection, or claim arising from a challenge to the authenticity, provenance, or other transfer or condition issue is extinguished and void. For avoidance of doubt, after the thirty-day period has elapsed, in no event shall Auctioneer?s maximum liability exceed the commissions and fees Auctioneer earned on that lot.
SPORTS COLLECTIBLES TERM G: Auctioneer shall not be liable for any patent or latent defect or controversy pertaining to or arising from any encapsulated collectible. In any such instance, purchaser?s remedy, if any, shall be solely against the service certifying the collectible.
SPORTS COLLECTIBLES TERM H: Due to changing grading standards over time, differing interpretations, and to possible mishandling of items by subsequent owners, Auctioneer reserves the right to grade items differently than shown on certificates from any grading service that accompany the items. Auctioneer also reserves the right to grade items differently than the grades shown in the prior catalog should such items be reconsigned to any future auction.
SPORTS COLLECTIBLES TERM I: Although consensus grading is employed by most third-party services, it should be noted as aforesaid that grading is not an exact science. In fact, it is entirely possible that if a lot is broken out of a plastic holder and resubmitted to another grading service or even to the same service, the lot could come back with a different grade assigned.
SPORTS COLLECTIBLES TERM J: Financing. Auctioneer offers various extended payment options to qualified pre-approved persons and companies. The options include Extended Payment Programs (EPP) Flexible Payment Program (FPP) and Dealer Terms. Each program has its specific terms and conditions and such terms and conditions are strictly enforced. Each program has to be executed by the purchaser. Auctioneer reserves the right to alter or deny credit and in such case these auction terms shall control.
For wiring instructions, call the Credit department at 877-HERITAGE (437-4824) or email: CreditDept@HA.com.
COMICS, COMIC & ANIMATION ART, VIDEO GAMES, & TRADING CARD GAMES AUCTIONS
COMICS, COMIC & ANIMATION ART, VIDEO GAMES, & TRADING CARD GAMES TERM A:
Auctions are not on approval. All material is guaranteed genuine, but are not guaranteed as to grade. No certified material may be returned because of possible differences of opinion with respect to the grade offered by any third-party organization, dealer, or service. No guarantee of grade is offered for uncertified Property sold and subsequently submitted to a third-party grading service. There are absolutely no exceptions to this policy. Under extremely limited circumstances, (e.g. gross cataloging error) a purchaser, who did not bid from the floor, may request Auctioneer to evaluate voiding a sale; such request must be made in writing detailing the alleged gross error, and submission of the lot to the Auctioneer must be pre-approved by the Auctioneer. A bidder must notify the appropriate department head (check the inside front cover of the catalog or our website for a listing of department heads) in writing of such request within three (3) days of the non-floor bidder?s receipt of the lot. Any lot that is to be evaluated must be in our offices within 30 days after Auction. Grading does not qualify for this evaluation process nor do such complaints constitute a basis to challenge the authenticity of a lot. AFTER THAT 30-DAY PERIOD, NO LOTS MAY BE RETURNED FOR REASONS OTHER THAN AUTHENTICITY. ANY LOTS PRESENTED ?Sold As Is, No Return Lot," MAY NOT BE RETURNED
FOR ANY REASON, INCLUDING AUTHENTICITY. Lots returned must be housed intact in the original holder. No lots purchased by floor Bidders may be returned (including those Bidders acting as agents for others). Late remittance for purchases may be considered just cause to revoke all return privileges.
COMICS, COMIC & ANIMATION ART, VIDEO GAMES, & TRADING CARD GAMES TERM B: Bidders
who have inspected the lots prior to the auction will not be granted any return privileges.
COMICS, COMIC & ANIMATION ART, VIDEO GAMES, & TRADING CARD GAMES TERM C: Material
sold referencing a third-party grading service are sold ?as is" without our grading opinion and without any express or implied warranty. No returns of CGC-certified, CBCS-certified, Beckett-certified, PSA-certified, Wata-certified, or VGA-certified material will be accepted for any reason. Auctioneer shall not be liable for any patent or latent defect or controversy pertaining to or arising from any encapsulated material. Certain warranties may be available from the grading services and Purchaser?s sole remedy shall be against the service grading the material. Purchaser is referred to relevant grading service for further details: Certified Guaranty Company, LLC (CGC), P.O. Box 4738, Sarasota, FL 34230; Comic Book Certification Service (CBCS), 4635 McEwen Road, Dallas, TX 75244; Beckett Grading Services, 2700 Summit Ave, Ste. 100, Plano, TX 75074; Professional Sports Authenticator,
P.O. Box 6180, Newport Beach, CA 92658; Wata, Inc. , 3101 East 52nd Avenue, Suite C, Denver, CO 80216; Video Game Authority (VGA), 6920 Peachtree Ind Blvd, Suite E, Norcross, GA 30071. Even with optimal shipping methods, CGC, CBCS, and Wata holders may occasionally incur chipping and cracking during transit. Auctioneer will ensure the integrity of the encapsulated merchandise but cannot guarantee the condition of the holders upon delivery and will not accept returns for holder damage unless it affects the graded condition of the merchandise. If damage to the holder compromises the integrity of the holder or the merchandise?s condition, Auctioneer will facilitate reholdering at its expense or reimburse anticipated reholder fees.
COMICS, COMIC & ANIMATION ART, VIDEO GAMES, & TRADING CARD GAMES TERM D: Bidders
who intend to challenge authenticity or provenance of a lot must notify Auctioneer in writing within thirty (30) days of the Auction?s conclusion. In the event Auctioneer cannot deliver the lot or subsequently it is established that the lot lacks title, provenance, authenticity, or other transfer or condition issue is claimed, Auctioneer?s liability shall be limited to rescission of sale and refund of purchase price; in no case shall Auctioneer?s maximum liability exceed the high bid on that lot, which bid shall be deemed for all purposes the value of the lot. After one year has elapsed, Auctioneer?s maximum liability shall be limited to any commissions and fees Auctioneer earned on that lot.
COMICS, COMIC & ANIMATION ART, VIDEO GAMES, & TRADING CARD GAMES TERM E: Due to
the unique nature of boxes and related packaging of sports, non-sports trading card, and collectible card game materials, any such lot that is sold without third-party grading or authentication is sold as-is, without any warranty expressed or implied. Any Bidder or Purchaser who intends to challenge authenticity or provenance of a box lot must notify Auctioneer in writing within thirty (30) days of the Auction?s conclusion or, in the event of private sale, within seven (7) days of the date of invoice. In the event it is established that the lot lacks title, provenance, authenticity, or other transfer or condition issue is claimed within the thirty-day period, Auctioneer?s liability shall be limited to rescission of sale and refund of purchase price; in no case shall Auctioneer?s maximum liability exceed the purchase price on that lot, which price shall be deemed for all purposes the value of the lot. After the thirty-day period has elapsed, a box lot is deemed a final sale and the right of return, objection, or claim arising from a challenge to the authenticity, provenance, or other transfer or condition issue is extinguished and void. For avoidance of doubt, after the thirty-day period has elapsed, in no event shall Auctioneer?s maximum liability exceed the commissions and fees Auctioneer earned on that lot.
COMICS, COMIC & ANIMATION ART, VIDEO GAMES, & TRADING CARD GAMES TERM F: Due to
the unique nature of pulp-format magazine publications, any such lot that is sold without third-party grading or authentication is sold as-is, without any warranty expressed or implied. As pulp-format magazine publications vary considerably in their printing and construction, Heritage has supplied grading and condition information for pulp-format magazine publications offered for sale as a courtesy to Bidders and has made every effort to identify post-factory trimming of both covers and contents. Any Bidder or Purchaser who intends to challenge the condition of a lot featuring pulp-format magazine publications must notify Auctioneer in writing within thirty (30) days of the Auction?s conclusion or, in the event of private sale, within thirty (30) days of the date of invoice. In the event a valid condition issue is presented within the thirty-day period, Auctioneer?s liability shall be limited to rescission of sale and refund of purchase price; in no case shall Auctioneer?s maximum liability exceed the high bid or purchase price on that lot, which bid shall be deemed for all purposes the value of the lot. After the thirty-day period has elapsed, a lot is deemed a final sale and the right of return, objection, or claim arising from a challenge to the condition issue is extinguished and void. For avoidance of doubt, after the thirty-day period has elapsed, in no event shall Auctioneer?s maximum liability exceed the commissions and fees Auctioneer earned on that lot.
COMICS, COMIC & ANIMATION ART, VIDEO GAMES, & TRADING CARD GAMES TERM G: Due to
changing grading standards over time, differing interpretations, and to possible mishandling of items by subsequent owners, Auctioneer reserves the right to grade items differently than shown on certificates from any grading service that accompany the items. Auctioneer also reserves the right to grade items differently than the grades shown in the prior catalog should such items be reconsigned to any future auction.
COMICS, COMIC & ANIMATION ART, VIDEO GAMES, & TRADING CARD GAMES TERM H:
Although consensus grading is employed by most grading services, it should be noted that grading is not an exact science. In fact, it is entirely possible that if a lot is broken out of a plastic holder and resubmitted to another grading service or even to the same service, the lot could come back with a different grade assigned.
COMICS, COMIC & ANIMATION ART, VIDEO GAMES, & TRADING CARD GAMES TERM I:
Certification does not guarantee protection against the normal risks associated with potentially volatile markets. The degree of liquidity for certified material will vary according to general market conditions and the particular lot involved. For some lots there may be no active market at all at certain points in time.
COMICS, COMIC & ANIMATION ART, VIDEO GAMES, & TRADING CARD GAMES TERM J:
Financing. Auctioneer offers various extended payment options to qualified pre-approved persons and companies. The options include Extended Payment Programs (EPP) Flexible Payment Program (FPP) and Dealer Terms. Each program has its specific terms and conditions and such terms and conditions are strictly enforced. Each program has to be executed by the purchaser. Auctioneer reserves the right to alter or deny credit and in such case these auction terms shall control.
COMICS, COMIC & ANIMATION ART, VIDEO GAMES, & TRADING CARD GAMES TERM K: Lots
are sold without any transfer or copyright, moral rights, or any other attribute of authorship unless same is expressly stated in the lot description. It should be assumed that the purchaser of any painting, drawing, print, sculpture, manuscript, or other work of authorship acquires no right to reproduce that work or create derivative works therefrom, or act in any other way contrary to the legal rights of the author or assignee thereof as provided in the Copyright Act or other federal, state, or international laws and treaties.
For wiring instructions, call the Credit department at 877-HERITAGE (437-4824) or email: CreditDept@HA.com.
JEWELRY, WATCH, & LUXURY ACCESSORY AUCTIONS
JEWELRY, WATCH, & LUXURY ACCESSORY TERM A: JEWELRY: As most jewelry sold at auction has been worn, and may have been previously repaired, altered, or embellished, ALL LOTS are sold AS IS. Such wear, repairs or changes may display varying levels of evidence, so it is the responsibility of each prospective bidder to fully inspect each lot before bidding and rely upon their own judgment prior to placing a bid. Bidder acknowledges that the absence of any reference to their condition does not imply the absence of wear, repairs, or defects.
JEWELRY, WATCH, & LUXURY ACCESSORY TERM B: WATCHES: As most watches sold at auction have been worn, and may have been previously repaired, altered, or embellished, ALL LOTS are sold AS IS. Such wear, repairs or changes may display varying levels of evidence, so it is the responsibility of each prospective bidder to fully inspect each lot before bidding and rely upon their own judgment prior to placing a bid. Bidder acknowledges that the absence of any reference to their condition does not imply the absence of wear, repairs, or defects. No item shall be considered eligible for return unless its original Heritage security tag remains attached and intact.
JEWELRY, WATCH, & LUXURY ACCESSORY TERM C: All descriptions and statements in this catalog and subsequent invoices regarding measurement, authorship, source or origin, or other aspects are qualified opines and do not constitute a warranty or representation, and are provided for identification purposes only. Auctioneer warrants only such authorship, period or culture of each lot is as set out in the BOLD faced type heading in the catalog description of the lot, with the following exclusions: this warranty does not apply to any catalog description where it was specifically mentioned that there is a conflict of specialist opinion on the authorship of a lot; or authorship which on the date of Auction was in accordance with the then generally accepted opinion of scholars and specialists, despite the subsequent discovery of new information, whether historical or physical, concerning the artist or craftsman, his students, school, workshop or followers; or opines which may be proven inaccurate by means of scientific processes not generally accepted for use or which were unreasonably expensive or impractical to use at the time of publication of the catalog. Such limited warranty as to authorship is provided for a period of one (1) year from the date of the auction and is only for the benefit of the original purchaser of record and is not transferable, and any claim regarding a bold-faced provision must be accompanied by two written letters by independent and authorized appraisers in support of the claim. It is specifically understood that any refund agreed to by the Auctioneer would be limited to the purchase price.
JEWELRY, WATCH, & LUXURY ACCESSORY TERM D: The Auction is not on approval. Under extremely limited circumstances not including authenticity (e.g. gross cataloging error), a purchaser who did not bid from the floor may request Auctioneer to evaluate voiding a sale; such request must be made in writing detailing the alleged gross error, and submission of the lot to Auctioneer must be pre-approved by Auctioneer. A bidder must notify the appropriate department head (check the inside front cover of the catalog or our website for a listing of department heads) in writing of the purchaser?s request within three (3) days of the non-floor bidder?s receipt of the lot. Any lot that is to be evaluated for return must be received in our offices within 30 days after Auction. AFTER THAT 30 DAY PERIOD, NO LOT MAY BE RETURNED FOR ANY REASONS. ANY LOTS PRESENTED ?Sold As Is, No Return Lot," MAY NOT BE RETURNED FOR ANY REASON, INCLUDING AUTHENTICITY.
Lots returned must be in the same condition as when sold and must include any Certificate of Authenticity. No lots purchased by floor bidders may be returned (including those bidders acting as agents for others). Late remittance for purchases may be considered just cause to revoke all return privileges.
JEWELRY, WATCH, & LUXURY ACCESSORY TERM E: Pre-auction estimates of value or ?bidding estimates" are opines provided solely as a convenience to clients, and should only be used as approximations of current market value. Estimates do not include Buyer?s Premiums or sales tax.
JEWELRY, WATCH, & LUXURY ACCESSORY TERM F: In the event Auctioneer cannot deliver the lot or subsequently it is established that the lot lacks title or the bold faced section of description is incorrect, or other transfer or condition issue is claimed, Auctioneer?s liability shall be limited to rescission of sale and refund of purchase price; in no case shall Auctioneer?s maximum liability exceed the high bid on that lot, which bid shall be deemed for all purposes the value of the lot. After one year has elapsed, Auctioneer?s maximum liability shall be limited to any commissions and fees Auctioneer earned on that lot.
JEWELRY, WATCH, & LUXURY ACCESSORY TERM G: Provenance and authenticity are not guaranteed by the consignor or the Auctioneer. While every effort is made to determine provenance and authenticity, it is the responsibility of the Bidder to arrive at their own conclusion prior to bidding. Provenance or other information regarding history of ownership may be provided if known, or may be excluded at the request of the consignor.
JEWELRY, WATCH, & LUXURY ACCESSORY TERM H: On the fall of Auctioneer?s hammer, Buyers assume full risk and responsibility for lot, including shipment by common carrier or third-party shipper, and must provide their own insurance coverage for shipments.
JEWELRY, WATCH, & LUXURY ACCESSORY TERM I: Watches in waterproof and water-resistant cases have been opened to identify type and condition. Auctioneer cannot guarantee that the watches are waterproof or water-resistant at the time of purchase. Buyers are advised to have the watches checked by a competent watchmaker with respect to such attributes.
JEWELRY, WATCH, & LUXURY ACCESSORY TERM J: All dimensions in catalog descriptions are approximate.
JEWELRY, WATCH, & LUXURY ACCESSORY TERM K: Condition reports are provided as a service to clients. Buyers should note that descriptions of property are not warranties and that watches may need general service, change of battery or further repair work for which the buyer is solely responsible.
JEWELRY, WATCH, & LUXURY ACCESSORY TERM L: Watch bands made from protected species (i.e. alligator, crocodile) and items made of ivory and tortoise may be subject to restrictions in certain countries.
JEWELRY, WATCH, & LUXURY ACCESSORY TERM M: Any property made of or incorporating endangered or protected species or wildlife may have import and export restrictions established by the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). These items are not available to ship Internationally or in some cases, domestically. By placing a bid the bidder acknowledges that he is aware of the restriction and takes responsibility in obtaining and paying for any license or permits relevant to delivery of the product. Lots containing potentially regulated wildlife material are noted in the description as a convenience to our clients. Heritage Auctions does not accept liability for errors or for failure to mark lots containing protected or regulated species.
JEWELRY, WATCH, & LUXURY ACCESSORY TERM N: Descriptions of Handbags, Purses, and Wallets may denote that the hardware is ?gold?? or ?silver". Such terms refer to the metal color of the hardware, rather than that the hardware is made of a precious metal. Unless there is specific mention as to carat weight or precious metal weight of the hardware, all descriptions using the terms ?gold?? or ?silver" are descriptive of color of the hardware, not a reference to the hardware being made or platted with a precious metal.
JEWELRY, WATCH, & LUXURY ACCESSORY TERM O: California State law prohibits the importation of any product containing Python skin into the State of California, thus no lot containing Python skin will be shipped to or invoiced to a person or company in California.
JEWELRY, WATCH, & LUXURY ACCESSORY TERM P: Jewelry items presented may contain melee-size synthetic (lab-grown) diamonds mixed in with natural stones in finished jewelry. At the present time, there is no cost effective, time efficient method for testing mounted, synthetic diamonds. Although Heritage Auctions performs standard screening procedures within the limitations of the mounting, detection of synthetic diamonds may only be possible through advanced laboratory testing. As such, no right of return or price adjustment shall be made on the basis that the item contains or may contain melee-size diamonds.
Auctioneer does not guarantee the condition of boxes, dustbags, and other nonessential accompaniments, and shall not be liable for any wear, damage, or flaws to such items.
For wiring instructions, call the Credit department at 877-HERITAGE (437-4824) or email: CreditDept@HA.com.
WINE AUCTIONS
WINE TERM A: Bidder?s Age: You must be at least 21 years of age to participate in our auctions.
WINE TERM B: Descriptions: While Auctioneer has attempted to describe all property as accurately as possible, such description is based upon a physical inspection and observation. Auctioneer does not warrant or represent, and denies responsibility for the accuracy of the descriptions, encompassing but not limited to, vintage, provenance, authenticity, quality and condition as may be stated on the site. Any and all statements made relating to the property offered on the site are merely statement of opinion and at no time can be construed as warranties and representations of fact or assumptions of any liability on the part of Auctioneer. Auctioneer reserves the right to amend the description of any lot by means of an announcement either oral or electronic, and may withdraw any lot.
WINE TERM C: Lots sold ?AS IS" ?WHEREAS": Buyer accepts all purchases ?AS IS" and ?WHEREAS", notwithstanding any other terms of the Conditions of Sale.
WINE TERM D: Notice: The wine industry estimates seven percent (7%) of all wine sealed with natural corks is ruined because of a natural fungus in corkwood that produces the chemical compound trichloroanisole. In almost all cases of ?corked" wine, the aroma of the wine is reduced significantly, and a heavily tainted wine is completely undrinkable. Since all of our wine is consigned, and much of it very rare, we cannot replace wines that have been ruined because of cork taint. We do not accept returns of corked wine nor do we refund for corked wine.
WINE TERM E: Shipping: All items will be available to the Buyer for pickup or shipment upon Buyer?s payment of the purchase price and prepaid shipping charges. Please note that due to the temperature-sensitivity of wine and complicated wine shipping regulations, we do not automatically ship wine lots. Please contact the Wine department at WineAuctionShipping@HA.com or (310) 492-8635 to make your shipping arrangements. All lots are delivered by Buyer?s preferred method of shipping or by Auctioneer?s selection if no Buyer preference is indicated. Buyer shall assume full responsibility for shipping expenses. This includes shipping costs, packing, and handling. Buyers need to be aware that many states impose restrictions on the quantity of alcoholic beverages purchased or brought into its jurisdiction from another state. Special permits may be required; Auctioneer takes no responsibility for any shipment to any state outside of California nor any confiscation of a shipment to any state.
WINE TERM F: Risk of Loss: The sale of the wine between Auctioneer and Buyer takes place at Auctioneer?s California facility. Risk of Loss passed to Buyer upon Auctioneer?s determination of the winning bid. Auctioneer will not reimburse Buyers for lost or damaged shipments. Auctioneer will take precautions to package the wine according to industry standards to minimize the possibility of damage. Auctioneer does not cover any loss or damage due to exposure to temperature variations, shipping delays or defect in or failure of any cork or other bottle closure.
WINE TERM G: Shipment outside of California: The primary means of distribution will be common carrier. All wines are to be sold in California by Seller and title passes to Buyer in California. Auctioneer makes no representation as to the rights of anyone to import wine into any state that restricts the personal importation of wine, the wine will be held at Auctioneer?s facility on behalf of Buyer until Buyer makes arrangements to ship the lot to an address in a state that permits such shipments or receives Buyer?s other written instructions.
WINE TERM H: Weather: When the weather is too hot or too cold to safely ship wines, Auctioneer will temporarily store Buyers? wines at no charge.
WINE TERM I: Change in Condition: Though every effort is made to describe or measure the levels of older vintages, corks more than twenty (20) years old begin to lose their elasticity and levels can change between cataloging and sale. Old corks occasionally fail during or after shipment. Buyers must understand that there is always a risk of cork failure with old wines. Under no circumstances can an adjustment of price or credit be made after delivery.
WINE TERM J: License: Heritage Collectibles, Inc. licensed in the State of California and holds Type 17 and 20 licenses No 5000295.
WINE TERM K: Financing. Auctioneer offers various extended payment options to qualified pre-approved persons and companies. The options include Extended Payment Programs (EPP) Flexible Payment Program (FPP) and Dealer Terms. Each program has its specific terms and conditions and such terms and conditions are strictly enforced. Each program has to be executed by the purchaser. Auctioneer reserves the right to alter or deny credit and in such case these auction terms shall control.
WINE TERM L: STORAGE CHARGES: Wines not picked up within one (1) months of the auction will accrue charges of $10.00 per case or partial case per month. Charges will be applied on the first day of the subsequent month and each month thereafter. Wines will not be released or shipped to customers until storage fees are paid.
For wiring instructions, call the Credit department at 877-HERITAGE (437-4824) or email: CreditDept@HA.com.
DOMAIN NAMES & INTELLECTUAL PROPERTY AUCTIONS
DOMAIN NAMES & INTELLECTUAL PROPERTY TERM A: A domain name must be registered with the current domain registrar for at least 60 days before being transferred to another registrar. Transfers within the current registrar are not limited. Heritage will facilitate the transfer of domains from the consignor, and, separately, to the Buyer. Transfer of domain ownership may take up to 14 days after payment has been verified. Any transfer and/or renewal fees (which vary by registrar) are to be paid by the Buyer to the registrar.
DOMAIN NAMES & INTELLECTUAL PROPERTY TERM B: If the change of ownership cannot be completed for any reason, Buyer acknowledges and agrees that Auctioneer shall have no liability or responsibility regarding the same. In the event that the domain name cannot be registered with any registrar through no fault of the Buyer and settlement with the consignor has been made, any action to rescind or negate the purchase shall be solely between the Buyer and the consignor.
DOMAIN NAMES & INTELLECTUAL PROPERTY TERM C: Statistics about domains may be provided by Auctioneer in the catalog and online descriptions (e.g. Google Search Results, Google PPC Rate, Domain Age, Year of Registration, traffic and earnings statements, etc.). This information was valid to the best of Auctioneer?s belief based upon third-party information at the time of cataloging, and does not represent a guarantee in any way.
DOMAIN NAMES & INTELLECTUAL PROPERTY TERM D: Buyer is responsible for ensuring that your use of the domain name does not infringe upon any third-party rights, relevant laws, or regulations.
DOMAIN NAMES & INTELLECTUAL PROPERTY TERM E: Buyer agrees that country code top level domain names (?ccTLDs") may have unique requirements for ownership. Before you bid on any ccTLD, you should review the registry rules, policies, and agreements for the ccTLD to ensure that you can be in compliance with all eligibility requirements.
DOMAIN NAMES & INTELLECTUAL PROPERTY TERM F: Buyer shall in all registration processes accurately complete the application form(s) throughout the process, and Auctioneer and consignor shall not be liable for any false or misleading information provided in the application process.
DOMAIN NAMES & INTELLECTUAL PROPERTY TERM G: To the extent that the Properties are subject to dispute resolution either under the ?UDRP?? or the ?DMCA", Buyer agrees to be joined into such dispute resolution procedures as a party and/or with the consignor. If there is a dispute by the Buyer as to his election of registrar, neither the consignor nor Auctioneer shall be involved in that dispute resolution.
For wiring instructions, call the Credit department at 877-HERITAGE (437-4824) or email: CreditDept@HA.com.
CHARITY AUCTIONS
CHARITY TERM A: NO RETURNS: Bidders and prospective bidders acknowledge and agree that any bid placed on a lot sold to benefit a charitable organization is binding and that NO LOTS MAY BE RETURNED FOR ANY REASON.
CHARITY TERM B: NO WARRANTY: All lots sold to benefit charitable organizations are sold AS IS and without warranty as to its condition, grade, completeness, provenance, genuineness, or authenticity.
CHARITY TERM C: DIRECT CHARITY PAYMENT: Due to the unique nature of auctions of lots sold to benefit charitable organizations, Auctioneer will coordinate Purchaser?s payment for lots sold to benefit a charitable organization directly to the charitable organization benefiting from the sale. Auctioneer will provide an invoice to Purchaser for the Hammer Price of the lot plus any applicable fees, along with instructions for remittance of payment to the charitable organization. Payment for lots sold to benefit a charitable organization is due within 7 days after auction close. Upon Auctioneer?s notification of receipt and clearance of good funds by the charitable organization, Auctioneer will release lot to Purchaser, as directed by the Purchaser.
CHARITY TERM D: TAX REPRESENTATIONS: Auctioneer makes no representations relating to the tax treatment of lots sold to benefit a charitable organization, including but not limited to whether any portion of the Hammer Price of the lot plus any applicable fees is tax deductible. Auctioneer further makes no representations as to the fair market value of lots sold to benefit a charitable organization.
For California Residents:
SALE OF AUTOGRAPHED COLLECTIBLES: AS REQUIRED BY LAW, A DEALER WHO SELLS TO A CONSUMER ANY COLLECTIBLE DESCRIBED AS BEING AUTOGRAPHED MUST PROVIDE A WRITTEN EXPRESS WARRANTY AT THE TIME OF SALE. THIS DEALER MAY BE SURETY BONDED OR OTHERWISE INSURED TO ENSURE THE AUTHENTICITY OF ANY AUTOGRAPHED COLLECTIBLE SOLD BY THIS DEALER
