8914
1907 $10 Wire Rim Indian Head Ten Dollar, Plain Edge, Judd-1774A, Pollock-1996, Unique, Satin PR62 N
Currency:USD
Category:Coins & Paper Money / US Coins
Start Price:NA
Estimated At:945.00 - 1,260.00 USD
NOT SOLD (BIDDING OVER)
0.00USD+ applicable fees & taxes.
This item WAS NOT SOLD. Auction date was 2003 Jan 10 @ 13:00UTC-5 : EST/CDT
1907 $10 Wire Rim Indian Head Ten Dollar, Plain Edge, Judd-1774A, Pollock-1996, Unique, Satin PR62 NGC. Assuming the office of President, after the untimely death of William McKinley on September 14, 1901, Theodore Roosevelt would later be elected to that position on November 8, 1904. During his nearly eight-year term as the 26th President of the United States, Roosevelt would greatly affect the course of U.S. history in the 20th century. Among his many other achievements, he would bring United States coinage out of the 19th century with the introduction of two of what many numismatists believe to be the most beautiful coins ever designed and produced by this country. After a visit to the Smithsonian Institution in 1905 where he viewed an exhibit of Greek coins, Roosevelt commissioned the New Hampshire sculptor Augustus Saint-Gaudens to redesign the Eagle ($10 gold piece) and Double Eagle ($20 gold piece). For the obverse of the Eagle, Saint-Gaudens chose a head of Liberty that he had originally prepared for his Sherman Monument (which one can still see at the southern terminus of New York City's Central Park). Alice Butler posed as the model for this rendition of Liberty, which Saint-Gaudens based on a Hellenistic Wingless Liberty on the temple of Zeus Soter at Pergamon. Although the sculptor originally placed an olive wreath on Liberty's head, Roosevelt insisted that it be replaced by an Indian feathered war bonnet. The President also switched Saint-Gaudens' original reverse design for the Eagle with that for his Double Eagle, the former coin now displaying a majestic eagle striding left with a bundle of arrows and an olive branch in its claws. Thirteen stars around the upper obverse periphery, the date below Liberty's portrait, and the usual statutory inscriptions on the reverse rounded out the design of what would become famous as the Indian Eagle. It should be noted that, at this juncture, the design did not include the motto IN GOD WE TRUST because Roosevelt felt the presence of a deity's name on coinage was, in the words of Walter Breen (1988), "a debasement amounting to blasphemy." Among the first Indian Eagles produced were 500 Wire Rim examples. (The term "Wire Rim" was given to these coins because of the presence of a thin, knife-like rim outside the plain border. This rim resulted when metal was forced between the dies and collar during striking.) This mintage figure is thought to be correct, as it originated in a letter that Henry Chapman wrote to John Work Garrett in February 1908. David W. Akers (United States Gold Coins: An Analysis of Auction Records, 1980 and A Handbook of 20th-Century United States Gold Coins, 1988) believes that these coins should be classified as proofs. He bases this argument on the fact that these coins were prepared, not for circulation, but, rather, as patterns. We believe that Akers' classification of these coins as patterns is correct, and, indeed, the specimens in question are included in the standard books on U.S. patterns: United States Pattern, Experimental and Trial Pieces by Dr. J. Hewitt Judd, where they are listed as Judd-1774, and United States Pattern and Related Issues by Andrew W. Pollock III, where they are attributed as Pollock-1995. We do not, however, believe that examples of Judd-1774 are proofs. Rather, it is our opinion that these coins are best classified as business strikes. The diagnostics are: 1. Numerous random striations swirl in the fields. 2. The strike is not particularly sharp with the most readily evident softness of detail seen in the centers. 3. Forty-six (46) stars encircle the edge.NGC and PCGS apparently agree with this assessment because all examples of Judd-1774 submitted for certification are encapsulated as business strikes. A quick glance at either the 1977 book Walter Breen's Encyclopedia of United States and Colonial Proof Coins: 1722-1977 or the 1988 book Walter Breen's Encyclopedia of U.S. and Colonial Coins might lead one to question the business strike classification of all Judd-1774 examples expounded by, among others, Heritage, NGC, and PCGS. In these books, Walter Breen states that 50 pieces of the original 500-coin Wire Edge Indian Eagle delivery were proofs. Based upon his familiarity with proof production methods, Breen (1977) states that proof Wire Rim Eagles "should have a great deal more sharpness in central curls, central feathers of wings and breast, arrows, headdress feathers, etc." Unfortunately, Breen did not examine, nor could he confirm the existence of, virtually all of the "proofs" that he pedigrees in his 1977 Encyclopedia: 1. Col. Green supposedly owned [a 1907 Wire Rim Indian Eagle] in proof; not traced. 2. Wayte Raymond said he had seen one in satin finish proof, similar to the double eagle with Roman numerals; this may or may not be the same as following. 3. A satin finish proof was described as being G. H. Hall: 2223 (1945). I have not seen this piece and cannot verify it. Possibly the same as following. 4. A "satin finish proof" was offered with the S. A. Tananbaum collection, January 30, 1958: 381 at $625. The price makes me doubt the coin, though I did not see it... 5. In the cased St. Gaudens 1908 set.Furthermore, the one supposed proof 1907 Wire Rim Indian Eagle of the Judd-1774 variety that Breen did see was the coin offered as lot 2934 in the February 1960 Schulman-Kreisberg sale, which was earlier thought to have been the property of F. C. C. Boyd. After examining this coin, Breen concluded that it was "regrettably no different from the other wire edge pieces commonly offered as unc." He references a letter that Philadelphia Mint Superintendent Frank Landis sent to Mint Director Frank Leach on September 25, 1907 in which the latter supposedly mentions 50 proof Wire Rim examples. If one were to read this letter for themselves (it is printed on page 316 of Don Taxay's 1966 book The U.S. Mint and Coinage: An Illustrated History from 1776 to the Present), they would quickly discover that Landis was referring to $500 in proof Rolled Edge Indian Eagles. It would seem that Breen's initial misinterpretation of Landis' letter in his 1977 Encyclopedia has led to the misconception that the Mint struck 1907 Wire Rim Eagles of the Judd-1774 variety in proof format. It now seems that there is no official documentation to support this belief. This is not to say that the Mint did not strike any Wire Rim Indian Eagles in proof format. On the contrary, a solitary specimen is known, and it is distinguishable from the business strike Judd-1774 pieces by the following diagnostics: 1. The number of striations in the fields is minimal, with the most concentrated group located on the reverse before the eagle's neck. 2. The striking definition is sharp in all areas. 3. The edge is plain. 4. The surfaces are satiny in finish with very fine granularity that is evident under close inspection with a loupe.Edgar H. Adams and William H. Woodin were not aware of this specimen's existence when they published their book on patterns in 1913. It was, however, featured in the books United States Pattern, Experimental and Trial Pieces by Dr. J. Hewitt Judd and United States Pattern and Related Issues by Andrew W. Pollock III, where it is attributed, respectively, as Judd-1774A and Pollock-1996. The coin is also mentioned in Breen's 1988 Encyclopedia under the listing Breen-7095. Important notice: We expect to be auctioning lots at the rate of 200-250 per hour. Sometimes eBay Premier live bid software cannot keep up with that pace, so we strongly recommend that you place a realistic proxy bid now as insurance to avoid disappointment. Also please note that all Heritage/CAA lots purchased through eBay Premier carry a 20% Buyer's Premium. Please make sure you read the Terms and Conditions.
Auction Location:
United States
Previewing Details:
Orange County Convention Center 9800 International Drive Orlando, FL 32819 Room 230 B & C, Mon., Jan 6th Noon – 7pm, Tue., Jan 7th 8am – 7pm, Wed., Jan 8th 8am – 7pm, Thurs., Jan 9th 8am – 7pm, Fri., Jan 10th 8am – 7pm, Sat., Jan 11th 8am - noon
Additional Fees:
Shipping Details:
Seller will ship internationally (worldwide).
Payment Details:
All sales are strictly for cash in United States dollars. Cash includes:
U.S. currency, travelers checks, bank money orders, all subject to reporting
requirements. Personal or corporate checks may be subject to clearing before
delivery of the purchases.
<p>1. This is a public auction, Internet, and mail-bid sale held by Heritage Numismatic Auctions, Inc., a licensed or bonded auctioneer (the "Auctioneer"). Internet bids can be placed through the Heritage Web Site (www.HeritageCoin.com) before Midnight CST before the session on sale. We urge you to bid early and if bidding on eBay we suggest registering at least 48 hours in advance on eBays website. Please Call 214-528-3500 if you have any questions.
<p><b>Regarding Consignors</b>
<p>2. THE CONSIGNOR OF PROPERTY MAY PARTICIPATE IN THE AUCTION BY BID AND MAY PURCHASE HIS LOT(S) FROM THE AUCTION SALE. Notice of the consignor’s liberty to bid in the sale on his lots is hereby made in accordance with Article 2 of the Texas Uniform Commercial Code. A CONSIGNOR IS REQUIRED TO PLACE HIS BIDS ON HIS PROPERTY NO LATER THAN 48 HOURS PRIOR TO THE END OF THE AUCTION. IF THE CONSIGNOR IS THE SUCCESSFUL BIDDER ON HIS LOT(S) AND HAS FAILED TO PLACE HIS BIDS ON THOSE LOTS MORE THAN 48 HOURS PRIOR TO THE END OF THE AUCTION, THEN THE CONSIGNOR IS REQUIRED TO PAY BOTH THE APPROPRIATE SELLER’S FEE AND BUYER’S PREMIUM. IF THERE IS A RESERVE BID ON A LOT, BIDDING WILL GENERALLY OPEN AT 100% OF THE RESERVE BID. A consignor who has placed his bids on his lots more than 48 hours prior to the end of the Auction Sale may pay a different fee than the Buyer’s Premium. The Buyer’s Premium and/or such fee are payable by the consignor-buyer as part of the total purchase price. Consignors and their agents are expressly prohibited from placing any reserve bids on their own material through the Interactive Internet program; any consignor so doing will pay full commissions.
<p><b>Regarding Participation</b>
<p>3. A Buyer’s Premium is charged in addition to the successful bid. The applicable Buyer’s Premium for this Auction is an amount equal to fifteen percent (20%) of the successful bid.
<p>4. All bids are to be per lot as numbered in this catalog, and no lots will be broken. Bids will be accepted in whole dollar amounts only. In the event of any numbering discrepancy with the Internet version of the catalog, the printed version will govern.
<p>5. Bidders who do not have established credit with the Auctioneer must furnish satisfactory credit and two numismatic references well in advance of the sale date, or send a deposit of 25% of their bids which is applicable to purchases. Any portion of such deposit not used will be held on account until refund is requested. Bids from our Interactive Internet program will only be accepted from pre-registered bidders. Bidders should pre-register at least seven days before the first session to allow adequate time to contact references.
<p>6. All bidders who have mailing addresses outside the United States of America, the Territories of the USA, Canada or Mexico, or have addresses through the U.S. Military, must deposit with the Auctioneer 25% of the total amount bid in United States dollars. Any portion of such deposit not used will be held on account until refund is requested. Also, persons who have APO or FPO box numbers must deposit 25%.
<p>7. The Auctioneer reserves the right to refuse to honor any bid or to limit the amount of any bid which, in his opinion, is not submitted in “Good Faith”, or, as the case dictates, is not supported by satisfactory credit and numismatic references, as the Auctioneer in its sole discretion shall determine. A bid is considered not made in “Good Faith” when it is made by an insolvent or irresponsible person, or a person under the age of eighteen. Auctioneer reserves the right to exclude any person it deems in its sole opinion is disruptive to the Sale or is otherwise commercially unsuitable. Regardless of the disclosure of his identity, any bid by a consignor or his agent is deemed to be made in “Good Faith”. In the event a successful bidder fails to pay all amounts due, the Auctioneer reserves the right to resell the merchandise and the buyer agrees to pay for the reasonable costs of such a sale, including a 5% seller’s commission, and also to pay any difference between the resale price and the price of his previously successful bid. 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 otherwise. All bidders must meet Heritage’s qualifications to bid. Any bidder who is not a customer in good standing at Heritage will be disqualified and will not be awarded lots. Heritage reserves the right to disqualify any bidder even after the close of the auction.
<p>8. No buy or unlimited bids will be accepted. Mail/FAX/Internet bidders will be awarded lots at approximately a 5-10% advance over the second highest bid. No additional commission is charged for executing mail/FAX/Internet bids other than the Buyer’s Premium applied to all successful bids.
<p>9. The Auctioneer cannot be responsible for your errors in bidding, so check your bid sheet carefully. When identical mail or FAX bids are submitted, preference is given to the first received; the program evaluates Internet bids as being first received. If a mail/FAX/Internet bidder and a floor bidder have called identical bids, preference is given to the first received, but the decision of the Auctioneer and declaration of the winning bidder is final. The 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 the Auctioneer responsible for proper execution of bids submitted by telephone, mail, FAX, e-mail, Internet, or in person once the auction begins. Auctioneer can not be responsible for network failures either in a bidder’s transmission or Auctioneer’s receipt of a bid by Internet or other electronic means and thus Consignor expressly waives Auctioneer’s liability to receive Internet or electronic bids. To ensure the greatest accuracy, your bids should be entered on the standard bid sheet form and be received at the Auctioneer’s place of business at least two business days in advance of the sale date. Internet bids may not be withdrawn until written confirmation is received and acknowledged by Auctioneer (FAX: 214-443-8425); 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.
<p>10. Estimates will be given upon written request. It is recommended that bidders approach or exceed the estimates in order to increase the chances of bidding successfully.
<p>11. The Auctioneer reserves the right to group two or more lots together, or to withdraw, prior to a call for bids, any lot or lots from the sale. The Auctioneer may not withdraw any lot after a call for bids has been made with respect to that lot. The highest bidder acknowledged by Auctioneer shall be the buyer. In the event of any dispute between bidders, the Auctioneer may at his sole discretion immediately put the lot up for sale again. The Auctioneer’s decision shall be final and binding upon all bidders.
<p>12. NO WARRANTY, WHETHER EXPRESSED OR IMPLIED, IS MADE WITH RESPECT TO ANY ADJECTIVAL OR NUMERICAL DESCRIPTION CONTAINED IN THIS CATALOG. Auctioneer is selling only such right or title to the coins being sold as Auctioneer may have by virtue of consignment agreements on the date of sale and disclaims any warranty of title to the coins. Any description of the coins contained in this catalog is for the sole purpose of identifying the coins, and no description of coins has been made part of the basis of the bargain or has created any express warranty that the goods would conform to any description made by the Auctioneer. Auctioneer disclaims any warranty of merchantability or fitness for any particular purposes.
<p>13. Coins sold referencing a third-party grading service (“Certified Coins”) are sold “as is” without any express or implied warranty, except for a guarantee by Auctioneer that the Certified Coins are genuine. Certain warranties may be available from the grading services and the bidder is referred to the following services for details of any such warranties: ANACS, P.O. Box 182141, Columbus, Ohio 43218-2141; Hallmark Grading Service, Inc., P.O. Box 2879, Woburn, MA 01888; International Numismatic Society (INS), P.O. Box 66555, Washington, DC 20035; Numismatic Certification Institute, Inc., Heritage Plaza, Highland Park Village, Dallas, Texas 75205-2788; Numismatic Guaranty Corporation (NGC), P.O. Box 1776, Parsippany, NJ 07045; Professional Coin Grading Service (PCGS), P.O. Box 9458, Newport Beach, CA 92658; ICG, 7901 East Bellvue Ave., Suite 50, Englewood, CO 80111.
<p>14. All non-certified coins are guaranteed genuine, but are not guaranteed as to grade, since grading is a matter of opinion. Grading is an art, not a science, and therefore the opinion rendered by the Auctioneer may not agree with the opinion of others (including trained experts), and the same expert may not grade the same coin with the same grade at two different times. Auctioneer has graded the non-certified coins, 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 ANACS, NCI, INS, NGC, PCGS, ICG or any other grading service at any time in the future. Auctioneer offers no opinion as to the validity of a grade assigned by any third-party grading service. Due to changing grading standards over time and to possible mishandling of coins by subsequent owners, the Auctioneer reserves the right to grade coins differently than shown on certificates from any grading service that accompany the coins. For the same reason as stated above, the Auctioneer reserves the right to grade coins differently than the grades shown in the catalog should such coins be reconsigned to any future auction. Since we cannot examine C.G.A. encapsulated notes, they are sold “as is” without our grading opinion, and may not be returned for any reason.
<p>15. 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 coin was broken out of a plastic holder and was resubmitted to another grading service or even the same service, the coin could come back a different grade. Certification does not guarantee protection against the normal risks associated with potentially volatile markets. The degree of liquidity for certified coins will vary according to general market conditions and the particular coin involved. For some coins there may be no active market at all at certain points in time.
<p>16. The descriptions provided in this catalog are intended solely for the use of those bidders who do not have the opportunity to view the lots prior to bidding. All bidders who have inspected the lots prior to the auction will not be granted any return privileges, except for reasons of authenticity. It is presumed that all floor bidders have inspected the lots prior to bidding. Therefore, lots purchased by floor bidders ARE “as is” and may NOT be returned. Floor bidders include those bidders acting either through an agent or as agents for others. No claims of any kind (except for reasons of authenticity) can be considered after the settlements have been made with the consignors. Any dispute after the settlement date, is strictly between the bidder and consignor without involvement or responsibility of the Auctioneer. The Auctioneer or affiliates may consign items to be sold in this auction sale, and may bid on those items or any other in the sale. The Auctioneer or affiliates expressly reserves the right to modify its bids on these items or any others at any time based upon data made known to the Auctioneer or its affiliate. In the event of an attribution error, the Auctioneer may, at the Auctioneer’s sole discretion, correct the error orally at the sale, or, if discovered at a later date, to refund the buyer’s money without further obligation. Under no circumstances shall the obligation of the Auctioneer to any bidder be in excess of the Buyer’s Fee for any lot in dispute. If any disputes arise regarding payment, authenticity, or grading or any other matter pertaining to the sale, the bidder or a participant in the Auction Sale and/or the Auctioneer agree that the dispute shall be submitted, if otherwise mutually unresolved, to binding arbitration in accordance with the rules of the Professional Numismatists Guild (PNG) or American Arbitration Association (A.A.A.). The A.A.A. arbitration shall be conducted under the provisions of the Federal Arbitration Act with locale in Dallas, Texas. If an election is not made within ten (10) days of an unresolved dispute, Auctioneer may elect either PNG or A.A.A. Arbitrator. An award granted in arbitration is enforceable in any court. By placing a bid, a bidder accepts these Terms and Conditions of Sale, and agrees to be bound. All auction attendees who have previously placed bids by mail, fax, or Internet should not bid from the floor unless the current bid exceeds their previously placed maximum bid (to avoid bidding against themselves).
<p>17. Shipping and Handling charges will be added to invoices for shipments delivered by mail. Charges will apply as follows, based on the invoice total:
Item Cost Shipping
$0 - $99 $4 + $0.25 per item
$100 - $199 $6 + $0.25 per item
$200 - $999 $8 + $0.25 per item
$1,000 - $2,499 $10 + $0.25 per item
$2,500 - $3,499 $12 + $0.25 per item
$3,500 - $4,999 $14 + $0.25 per item
$5,000 - $9,999 $15 + $0.25 per item
$10,000 - $14,999 $17.50 + $0.25 per item
$15,000 - $24,999 $20 + $0.25 per item
$25,000 + $25 + $0.25 per item
<p>18. Regarding Payment
<p>19. All sales are strictly for cash in United States dollars. Cash includes: U.S. currency, travelers checks, bank money orders, all subject to reporting requirements. Personal or corporate checks may be subject to clearing before delivery of the purchases.
<p>20. Payment is due upon closing of the auction session, upon invoice, or lot pick-up at the auction sale. The Auctioneer reserves the right to void a sale if payment in full of the invoice is not received by the Auctioneer within 15 days after the date of the invoice. Lots delivered in the States of Texas, California, or other state where the auction may be held, are subject to all applicable state and local taxes, unless appropriate permits are on file with us.
<p>21. Successful overseas bidders shall provide written shipping instructions to the Auctioneer for any lots to be delivered outside of the United States, including specified customs declarations. Any risk of loss during shipment will be borne by the buyer following Auctioneer’s delivery to the designated common carrier. All shipping charges will be borne by the successful bidder.
<p>22. If the auction invoice(s) submitted by the Auctioneer is not paid in full when due, the unpaid balance will bear interest at the highest rate permitted by law until paid, and if the Auctioneer refers the invoice(s) to an attorney for collection, the buyer agrees to pay attorney’s fees, court costs, and other collection costs incurred by the auctioneer, including reimbursement for the time spent by attorneys employed by Auctioneer or its affiliates in the collecting of the debt, at a rate comparable to the hourly rate of independent attorneys.
<p>23. The successful bidder, purchaser and/or Auction participant agrees, in consideration of his participation in the auction, that all disputes in any way relating to, arising under, connected with, or incidental to these Terms and Conditions and his purchases or default in payment thereof shall be litigated, if at all (See Arbitration Provision in Paragraph 16), exclusively in the Courts of the State of Texas, in Dallas County, Texas, and if necessary the corresponding appellate courts. The successful bidder, purchaser or Auction participant also expressly submits himself to the personal jurisdiction of the State of Texas. In the event that a bidder’s payment is dishonored or not made timely, bidder shall pay the maximum statutory processing fees and late charges set by applicable state law.
<p>24. The Auctioneer reserves the right to require payment in full before delivery of the merchandise to the buyer. Bidder personally guarantees payment of all successful bid(s), and if a corporation, an officer or principal in the corporation agrees to personally guarantee such payment. Title shall not pass to the successful bidder until all invoices are paid in full. It is the responsibility of the buyer to provide adequate insurance coverage for the coins once they are in his possession. Risk of loss shall be borne by the buyer following Auctioneer’s delivery to a shipper.
<p>25. The Auctioneer shall have a lien against the merchandise purchased by the buyer and any other property of the buyer then held by the Auctioneer to secure payment of the auction invoice(s) and any other amounts due the Auctioneer from the buyer, with respect to which the Auctioneer shall have all the rights of a secured creditor under Article 9 of the Texas Uniform Commercial Code. In addition, with respect to payment of the auction invoice(s), the buyer waives any and all rights of offset he might otherwise have against the Auctioneer and the consignor of the merchandise included on the invoice.
<p>26. The Auctioneer shall have the right to offset the unpaid amount of any auction invoices(s) against any amount then due to the buyer by the Auctioneer or affiliates of the Auctioneer.
<p><b>Other Provisions</b>
<p>27. The sale is not on approval. No certified coins may be returned because of possible differences of opinion with respect to the grade offered by any third-party organization, dealer, or service. There are absolutely no exceptions to this policy. No other lots may be returned for evaluation without a written request by the successful bidder and the written approval of the Auctioneer. In the unlikely event of returning a lot for evaluation, the mail bidder must notify Jack Hinton, (ext. 312) in writing of the bidder’s intent, and such notice must be mailed within three (3) days of the mail bidder’s receipt of the lot. Any lot that is to be evaluated (for any reason other than authenticity) must be received in our offices within 30 days from the date of sale. AFTER THAT 30-DAY PERIOD, NO LOTS MAY BE RETURNED FOR REASONS OTHER THAN LACK OF 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.
<p>28. Storage of purchased coins: Purchasers are advised that certain types of plastic may react with the coin’s metal and may cause damage to the coins. Caution should be used to avoid storage of coins in materials that are not inert.
<p>29. Auctioneer disclaims all liability for damages, consequential or otherwise, arising out of or in connection with the sale of any property by Auctioneer to bidder. No third party may rely on any benefit of these Terms and Conditions and any rights, if any, established hereunder are personal to the bidder and may not be assigned. Any statement made by the Auctioneer is a statement of opinion and does not constitute a warranty or representation. Any employee of Auctioneer may not alter the Terms of Sale, and, unless signed by a principal of Auctioneer, any alteration is null and void.
<p>30. In consideration of participation in the auction and the placing of a bid, a bidder expressly releases Auctioneer, its affiliates, the Consignor, or Owner of the Lot 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 grade or a derivative theory, breach of warranty express or implied, representation or other matter set forth within these Terms and Conditions of Sale or otherwise, except as specifically declared herein; e.g., authenticity, typographical error, etc., and as to those matters, the rights and privileges conferred therein are strictly construed and is the exclusive remedy. Purchaser by non-compliance to its express terms of a granted remedy, shall waive any claim against Auctioneer.
<p>31. The Sale is conducted under these Terms and Conditions of Sale and applicable state and local law. Any person participating in the Sale agrees to abide by the Terms and Conditions.
<p>32. Agreements between bidders and consignors to effectuate a non-sale of a coin at Sale, inhibit bidding on a consigned coin to enter into a private sale agreement for a coin or to utilize the Auctioneer’s Sale to obtain sales for non-selling consigned coins subsequent to the Sale are strictly prohibited. If a subsequent sale of a previously consigned coin occurs in violation of this provision, Auctioneer reserves the right to charge bidder and consignor a fee equivalent to the Auctioneer’s commissions earned if the coin had sold at the Sale.
<p>33. Notice as to an Auction Sale 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.