Auction Date:2017 Jul 12 @ 18:00 (UTC-5 : EST/CDT)
Location:236 Commercial St., Suite 100, Boston, Massachusetts, 02109, United States
ALS - Autograph Letter Signed
ANS - Autograph Note Signed
AQS - Autograph Quotation Signed
AMQS - Autograph Musical Quotation Signed
DS - Document Signed
FDC - First Day Cover
Inscribed - “Personalized”
ISP - Inscribed Signed Photograph
LS - Letter Signed
SP - Signed Photograph
TLS - Typed Letter Signed
Two amputation kits personally-owned and used in the Revolutionary War by Continental Army surgeon Dr. John Warren, a founder of Harvard Medical School; one kit given to him by his famous brother, the patriot Dr. General Joseph Warren, who was killed at the Battle of Bunker Hill.
One kit is covered in shark or ray skin (shagreen) and measures 19.5 x 7.75 x 3. The kit contains: bullet forceps with scissor handles; tissue forceps; a grooved director; a Petit-style tourniquet; bow-framed metacarpal saw; and an extra blade for a large amputation saw. Attached inside the hinged top cover is a 19th-century hand- written card tracing the provenance, reading: “Revolutionary Instruments given by Joseph Warren to John Warren to John C. Warren to Henry J. Bigelow. Copy of letter describing them in possession of J. Collins Warren.” A typed early 20th-century card reads, “Instruments. Revolutionary War. Surgical instruments used by Dr. John Warren in the war, and presented to him by his brother, General Joseph Warren. Dr. J. Collins Warren.”
The second kit is mahogany and measures 18.75 x 7 x 2. The kit contains: a capital amputation saw, with a wooden-handled instrument with hexagonal nut to adjust the blade; a curved amputation knife; surgical scissors; and tissue forceps (possibly non-original). The interior is fitted for the instruments, and one (a scalpel) is absent. Nailed to the front edge is a very faint handwritten 19th-century identification label that is extremely difficult to read, but with enhanced contrast can be deciphered: “Used during the Revolutionary War by Dr. John Warren.” This second kit was exhibited in a 1906 Harvard exhibition of surgical instruments, which was organized by Dr. J. Collins Warren (also known as John Collins Warren, Jr.), the son of John Collins Warren and grandson of John Warren. A newspaper clipping from the Boston Herald of June 3rd, 1906, shows this second kit in the Harvard exhibition.
These remarkable Revolutionary War amputation kits hail to a time before doctors understood the importance of sterilization, and the instruments show heavy signs of use. Wounds from musket balls were rarely superficial, and amputation was fairly common—even though as few as 35% of men survived the procedure. Amputation kits were therefore essential on the battlefield and in very high demand. The Continental Army had little in the way of surgical instruments to provide their doctors, and surgeons were forced to rely on their own personal property to make it through the war. Dr. John Warren carried these kits with him throughout his patriotic service.
Additional provenance materials include:
* A transcript of an entry in John Collins Warren’s day book, dated February 19, 1850, in part: “Sent to Dr. H. J. Bigelow as a present an ancient tourniquet belonging to my father which went through the Revolutionary War. And also an amputating case which had gone through the war most of the important instruments remaining, but some having lost and replaced.”
* A transcript of a letter from John Collins Warren to Henry J. Bigelow, dated October 2, 1850, in part: “Sometime since you desired me to give a history of the old surgical instruments which I had sent to you. This history is simplified and comprised in few words. The old case was received by me from my late father, and was employed by him in the army of the American Revolution, during the first years of the war, and during the remaining years in the American Continental Hospital in Boston. The case was probably given to him by his brother General Joseph Warren, when he served as a medical pupil.
The tourniquet is a French instrument from a model of great antiquity. It is, perhaps, the best instrument of the kind which has been invented. This, as well as the other instruments, was employed in the public service during the whole of the Revolutionary War.
These instruments I have taken great pleasure in transmitting to you, under the impression that they will receive additional honor, by being in the possession of one whose talents and industry will, I doubt not, reflect new lustre on the character of him who was the original possessor and your first predecessor in office.” This is the letter referenced in the handwritten card inside the lid of the shagreen kit. In 1849, Bigelow was appointed as Professor of Surgery at the Harvard Medical School, a position first held by John Warren. Bigelow’s donations form much of the collection of Harvard’s Warren Anatomical Museum.
* A photocopy of an article from the Boston Herald of June 3, 1906, concerning the ‘Historical Loan Exhibition of Medical and Surgical Instruments’ held at Harvard as a part of the 1906 American Medical Association Annual Meeting. These kits were featured in the exhibition and described at length in the article, which reads, in part: “The oldest set of amputation instruments in the collection is that which was originally used by Dr. John Warren, the brother of Gen. Joseph Warren, who was killed at the Battle of Bunker Hill. These instruments seem like the coarse and blundering tools of a carpenter to the modern surgeon, in comparison with the instruments used today. They are in a mahogany box with an old-fashioned brass handle on the back, by which it was carried. The instruments are set into sockets in the inside of the box, these sockets being covered with plush which is now a dull snuff color. The large knife in this set is one of the most curious instruments, as it has a blade shaped like a scimitar, while the modern knives are almost straight. This set of instruments is one of the most highly prized of all those that are now in the Harvard medical school collection. They were handed down from Dr. John Warren to Dr. Henry J. Bigelow, who gave them to the medical school museum.” The article also ran with a photo of the medical instruments from the second set, captioned: “These instruments were used by Dr. Warren of Boston in the revolutionary war. This is the oldest set in America and the first photograph of these instruments ever published.”
NOTE: These were sold by Harvard University in a warehouse auction sale to William Held; then sold by Held to the present owner through Webber Antiques in 2002. Also includes a 2014 letter from Harvard’s Countway Library of Medicine warranting that Harvard and its affiliated entities make no claim of ownership interest in these kits. Accompanying the lot are two additional medical kits which were included in the 2002 purchase of the John Warren kits: a late 19th century urological set owned by Henry J. Bigelow (with engraved brass plate, “Henry J. Bigelow,” inlaid on the top cover), and an early 20th century set of urethral sounds owned by John Collins Warren, Jr. (with “J. Collins Warren” nameplate affixed to the bottom). Some implements are missing from both kits.
Dr. John Warren’s Service in the War
Born July 27, 1753, John Warren was the youngest of four children. He followed in the footsteps of his famous brother Joseph, older by twelve years, attending the Roxbury Latin School before enrolling in Harvard College at age 14 in July 1767. John became a good classical scholar with an interest in anatomy, and upon graduating in 1771 he commenced the study of medicine under Joseph, who had become one of the most successful physicians practicing in Boston. It is most probable that Joseph Warren gifted the shagreen amputation kit to John while his brother was under his tutelage.
Having completed a two-year course of study with Joseph, John was officially allowed to practice medicine in 1773 and he moved to Salem, Massachusetts. In that same year, he joined Colonel Timothy Pickering’s militia regiment as a volunteer and was elected as an army surgeon. With Pickering’s regiment, John Warren was summoned to the Battles of Lexington and Concord on April 19, 1775. Joseph Warren and another brother, Ebenezer, were also present at the battle, and Joseph was nearly killed by a musket ball that grazed his wig. John remained encamped in Cambridge with Pickering for two weeks before returning to Salem.
On June 17th, John Warren was in Salem when news of a bloody fight at Bunker Hill began to come in. In his diary, Warren wrote, “I was very anxious, as I was informed that great numbers had fallen on both sides, and that my brother was in all probability in the engagement. I however went home with the determination to take a few hours’ sleep, and then go immediately for Cambridge, with my arms. Accordingly, in the morning about two o’clock, I prepared myself, and went off on horseback, and when I arrived at Medford, received the melancholy and distressing tidings that my brother was missing. Upon this dreadful intelligence I went immediately to Cambridge, and inquired of almost every person I saw whether they could give me any information of him. Some told me he was undoubtedly alive and well, others, that he was wounded; and others, that he fell on the field. This perplexed me almost to distraction. I went on inquiring, with a solicitude which was such a mixture of hope and fear, as none but one who has felt it can form any conception of. In this manner I passed several days, every day’s information diminishing the probability of his safety.” During this chaotic period, the overzealous Warren attempted to cross into British-occupied Charlestown in search of his brother and was bayonetted by a British sentinel. It would take several days for Warren to ascertain the fact of his brother’s death.
Moved by the loss of his brother, John Warren, just 22 years old, left his growing Salem practice and entered into full-time service as senior surgeon of the army hospital at Cambridge. Here he tended to the army’s sick and wounded, and ensured the hospital was properly stocked with medicine. On November 22, 1775, Warren was ordered to report to Israel Putnam’s detachment on Cobble Hill in Somerville, where an outbreak of fighting was expected. The order specified that he was to bring amputation kits: “The Orderly Surgeon is hereby directed to repair immediately but with all secrecy to Cobble Hill, with five Orderly Mates, a case of amputating instruments to each person, plenty of lint, tow, and bandages, for a brisk action.” Putnam took Cobble Hill without incident and began erecting fortifications which proved integral to the defense of the Charles River.
Warren returned to Salem for much of the British occupation of Boston, returning to the city to observe the enemy’s evacuation in March 1776. The next month, he was able to claim the body of his late brother, who had been mutilated by British troops after his death and hastily buried. The identification of Joseph Warren’s body was aided by Paul Revere, who recognized a false tooth he had crafted for the doctor.
While George Washington left Boston for New York immediately after the evacuation, Warren remained and tended to the wounded for a month before following on to New York. Both Washington and Warren were in New York when the Declaration of Independence was read on July 9, 1776. Warren became surgeon of the general hospital on Long Island, where he helped to deal with the carnage of the Battle of Long Island in August 1776, in which approximately 300 Americans were killed and 800 were wounded. Washington then made his celebrated retreat to Manhattan, and Warren evacuated north to East Chester, where he was stationed after the retreat.
Fighting raged on through 1776. Warren became head surgeon at the general hospital in Hackensack, New Jersey, which was expected to become the army’s hospital headquarters in the region. However, Washington received word of an eminent British attack in November, and the whole of the Continental Army—Dr. John Warren included—was forced to leave Hackensack, retreating across New Jersey. Warren traveled toward Philadelphia, where he was to help organize a ‘flying hospital,’ or mobile surgical unit to tend to anticipated casualties. After Washington’s heroic crossing of the Delaware on Christmas Day, the army pushed on to Princeton. Warren had not been notified of the movement, but upon learning of it he and his hospital staff raced to Princeton to take care of the wounded. The American troops suffered fewer than a hundred casualties, and this positive conclusion of Washington’s New Jersey campaign proved to be a decisive turning point in the Revolution.
Warren soon left active combat, returning to Boston where he was named the senior surgeon of the city’s general hospital. He became widely respected and helped to fill the void in the medical community left by the loss of his brother and defection of Loyalist doctors. He helped to found the Boston Medical Society in 1780, and he began to teach a course of anatomical lectures. Paul Revere engraved a certificate for graduates of the course, which featured an image of Warren at the dissecting table, scalpel in hand. In 1781 Warren was elected a fellow of the American Academy of Arts and Sciences and became a founding member of the Massachusetts Medical Society. He then became a founder of Harvard Medical School in 1782, and he was elected as the new school’s first Professor of Anatomy and Surgery. He was known as an excellent teacher and eloquent lecturer, and continued his professorship at Harvard until his death in 1815.
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Failure of the Bidder to comply with any of these Conditions of Sale or the terms of the Registration Form is an event of default. In such event, RR Auction may, in addition to any other available remedies specifically including the right to hold the defaulting Bidder liable for the Purchase Price or to charge and collect from the defaulting Bidder’s credit or debit accounts as provided for elsewhere herein: (a) cancel the sale, retaining any payment made by the Bidder as damages (the Bidder understands and acknowledges that RR Auction will be substantially damaged should such default occur, and that damages under sub-part (a) are necessary to compensate RR Auction for such damages); (b) resell the property without reserve at public auction or privately; (c) charge the Bidder interest on the Purchase Price at the rate of one and one-half percent (1.5%) per month or the highest allowable interest rate; (d) take any other action that RR Auction, in its sole discretion, deems necessary or appropriate to preserve and protect RR Auction’s rights and remedies. Should RR Auction resell the property, the original defaulting Bidder shall be liable for the payment of any deficiency in the purchase price and all costs and expenses associated there with, including but not limited to warehousing, sales-related expenses, reasonable attorney fees and court costs, commissions, incidental damages and any other charges due hereunder which were not collected or collectable. In the event that such Bidder is the successful Bidder on more than one lot and pays less than the purchase price for the total lots purchased, RR Auction shall apply the payment received to such lot or lots that RR Auction, in its sole discretion, deems appropriate. If RR Auction does not exercise such discretion, the lots to which the payment shall be applied will be in descending order from the highest purchase price to the lowest. Any Bidder failing to comply with these Conditions of Sale shall be deemed to have granted RR Auction a security interest in, and RR Auction may retain as collateral such security for such Bidder's obligations to RR Auction, any property in RR Auction’s possession owned by such Bidder. RR Auction shall have the benefit of all rights of a secured party under the Uniform Commercial Code (U.C.C.) as adopted by the Commonwealth of Massachusetts.
Warranties:
RR Auction does not provide any warranties to Bidders, whether expressed or implied, beyond those expressly provided in these Conditions of Sale. All property and lots are sold "as is" and "where is". By way of illustration rather than limitation, neither RR Auction nor the Consignor makes any representation or warranty, expressed or implied, as to merchantability or fitness for intended use, condition of the property (including any condition report), correctness of description, origin, measurement, quality, rarity, importance, exhibition, relevance, attribution, source, provenance, date, authorship, condition, culture, genuineness, value, or period of the property. Additionally, neither RR Auction nor the Consignor makes any representation or warranty, expressed or implied, as to whether the Bidder acquires rights in copyright or other intellectual property (including exhibition or reproduction rights) or whether the property is subject to any limitations or other rights. RR Auction does not make any representation or warranty as to title.
All descriptions, photographs, illustrations, and terminology including but not limited to words describing condition (including any condition reports requested by Bidder, see also Terminology), authorship, period, culture, source, origin, measurement, quality, rarity, provenance, importance, exhibition, and relevance, used in the Catalog, bill of sale, invoice, or anywhere else, represent a good faith effort made by RR Auction to fairly represent the lots and property offered for sale as to origin, date, condition, and other information contained therein; they are statements of opinion only. They are not representations or warranties and Bidder agrees and acknowledges that he or she shall not rely on them in determining whether or not to bid or for what price. Price estimates (which are determined well in advance of the Auction and are therefore subject to revision) and condition reports are provided solely as a convenience to Bidders and are not intended nor shall they be relied on by Bidders as statements, representations or warranties of actual value or predictions of final bid prices.
Bidders are accorded the opportunity to inspect the lots and to otherwise satisfy themselves as to the nature and sufficiency of each lot prior to bidding, and RR Auction urges Bidders to avail themselves accordingly.
All lots sold by RR Auction are accompanied by an Auction Certificate (“AC”). On any lot presented with an AC issued by RR Auction, the certification is only as to its attribution to the person or entity described or to the lot's usage and only as explicitly stated therein (the “Certification of Authenticity”), to the exclusion of any other warranties, express or implied, including but not limited to those pursuant to the Uniform Commercial Code. The Certification of Authenticity inures only to the original Bidder (as shown in RR Auction's records). Bidder may not transfer, assign, or otherwise convey the Certification of Authenticity, and such purported transfer, assignment, or conveyance shall be null and void. The Certification of Authenticity is valid from date of the Auction in which Bidder was awarded the lot (the “Auction Date”) until five (5) years after the Auction Date, without exception.
FIREARMS.
RR Auction complies with all Federal and State rules and regulations relating to the purchasing, registration and shipping of firearms. A Bidder is required to provide appropriate documents and the payment of associated fees, if any. Bidder is responsible for providing a shipping address that is suitable for the receipt of a firearm.
Limitation of Damages:
In the event that RR Auction is prevented for any reason from delivering any property to Bidder, or Bidder is otherwise dissatisfied with the performance of RR Auction, the liability, if any, of RR Auction, shall be limited to, and shall not exceed, the amount actually paid for the property by Bidder. In no event shall RR Auction be liable for incidental, special, indirect, exemplary or consequential damages of any kind, including but not limited to loss of profits, value of investment or opportunity cost.
Unauthorized Statements:
Under no circumstances is any employee, agent or representative of RR Auction authorized by RR Auction to modify, amend, waive or contradict any of these Conditions of Sale, any term or condition set forth on a registration form, any warranty or limitation or exclusion of warranty, any term or condition in either the Registration Form or these Terms and Conditions regarding payment requirements, including but not limited to due date, manner of payment, and what constitutes payment in full, or any other term or condition contained in any documents issued by RR Auction unless such modification, amendment, waiver or contradiction is contained in a writing signed by all parties. Any statements, oral or written, made by employees, agents or representatives of RR Auction to Bidder, including statements regarding specific lots, even if such employee, agent or representative represents that such statement is authorized, unless reduced to a writing signed by all parties, are statements of personal opinion only and are not binding on RR Auction, and under no circumstances shall be relied upon by Bidder as a statement, representation or warranty of RR Auction.
Bidder’s Remedies:
Under no circumstance will RR Auction incur liability to a Bidder in excess of the purchase price actually paid.
This section sets forth the sole and exclusive remedies of Bidder in conformity with the Warranties and Limitation of Damages provisions of these Conditions of Sale, and is expressly in lieu of any other rights or remedies which might be available to Bidder by law. The Bidder hereby accepts the benefit of the Consignor's warranty of title and any other representations and warranties made by the Consignor for the Bidder's benefit. In the event that Bidder demonstrates in writing, in the sole discretion of RR Auction, that there was a breach of the Consignor's warranty of title concerning a lot purchased by Bidder, RR Auction shall make demand upon the Consignor to pay to Bidder the Purchase Price (including any premiums, taxes, or other amounts paid or due to RR Auction). Should the Consignor not pay the Purchase Price to Bidder within thirty days after such demand, RR Auction shall disclose the identity of the Consignor to Bidder and assign to Bidder all of RR Auction’s rights against the Consignor with respect to such lot or property. Upon such disclosure and assignment, all responsibility and liability, if any, of RR Auction with respect to said lot or property shall automatically terminate. RR Auction shall be entitled to retain the premiums and other amounts paid to RR Auction - this remedy is as to the Consignor only. The rights and remedies provided herein are for the original Bidder only and they may not be assigned or relied upon by any transferee or assignee under any circumstances.
If Bidder wishes to challenge the AC within the period of the Certification of Authenticity, Bidder must present written evidence that the lot is not authentic as determined by a known expert in the field. If RR Auction agrees that the lot is not as represented, Bidder’s sole and exclusive remedy shall be a refund of their purchase price, with no other costs, liabilities or amounts recoverable. If RR Auction does not agree with the claim by Bidder, then the Parties shall follow the dispute resolution procedures of these Conditions of Sale.
Any such challenge concerning an AC or Certification of Authenticity must, without any exception, be brought within one (1) year of Bidder’s notice to RR Auction of Bidder’s contention that the lot was not authentic, or six (6) years from the Auction Date, whichever is sooner.
If the description of any lot in the Catalog is materially incorrect (e.g., gross cataloging error), the lot is returnable if returned within five (5) calendar days of receipt, and received by RR Auction no later than twenty-one (21) calendar days after the Auction Date. If there is any discrepancy between the description in the Catalog and the AC, then the description in the AC shall control. This paragraph shall constitute Bidder’s sole right with respect to the return of items, and no refunds shall be given for any items not returned to and received by RR Auction.
NO RETURN OR REFUND OF ANY AUCTION LOT WILL BE CONSIDERED EXCEPT AS PROVIDED IN THESE CONDITIONS OF SALE.
RR Auction’s Additional Services:
For Bidders who do not remove purchased property from RR Auction’s premises, RR Auction, in its sole discretion and solely as a service and accommodation to Bidders, may arrange to have purchased lots packed, insured and forwarded at the sole request, expense, and risk of Bidder. RR Auction assumes no and disclaims all responsibility and liability for acts or omissions in such packing or shipping by RR Auction or other packers and carriers, whether or not recommended by RR Auction. RR Auction assumes no and disclaims all responsibility and liability for damage to frames, glass or other breakable items. Where RR Auction arranges and bills for such services via invoice, RR Auction will include an administration charge.
Headings:
Headings are for convenience only and shall not be used to interpret the substantive sections to which they refer.
Entire Agreement:
These Conditions of Sale constitute the entire agreement between the parties together with the terms and conditions contained in the Registration Form. They may not be amended, modified or superseded except in a signed writing executed by all parties. No oral or written statement by anyone employed by RR Auction or acting as agent or representative of RR Auction may amend, modify, waive or supersede the terms herein unless such amendment, waiver or modification is contained in a writing signed by all parties.
If any section of these Conditions of Sale or any term or provision of any section is held to be invalid, void, or unenforceable by any court of competent jurisdiction, the remaining sections or terms and provisions of a section shall continue in full force and effect without being impaired or invalidated in any way.
Governing Law and Enforcement
The Parties agree that any agreements between the Parties including but not limited to these Conditions of Sale are entered into in Boston, Massachusetts, no matter where Bidder is situated and no matter by what means or where Bidder was informed of the Auction and regardless of whether catalogs, materials, or other communications were received by Bidder in another location.
The Parties agree that these Conditions of Sale, and any other related agreement(s) are governed by the laws of the Commonwealth of Massachusetts, without regard for its conflict of laws principles. The Parties agree that any dispute related to or arising out of these Conditions of Sale, or related to or arising out of any other related agreement(s) shall be submitted to confidential binding arbitration (the “Arbitration”) before a single Arbitrator of the American Arbitration Association (the “AAA”). The Parties agree that the Arbitration shall be conducted pursuant to the commercial rules of the AAA. In the event that the Parties cannot agree on the selection of the Arbitrator, then the Arbitrator shall be selected by the AAA. The prevailing Party in the Arbitration shall be entitled to recover all of its related costs, whether before or after the formal institution of the Arbitration, including but not limited to its reasonable attorneys’ fees and, if RR Auction prevails, the Buyer’s Premium as defined in these Conditions of Sale. The Parties agree that Bidder shall have no right to recover consequential or indirect damages, or lost profits damages.
The Parties consent to the enforcement of the decision in the Arbitration pursuant to the Federal Arbitration Act in either the courts of the Commonwealth of Massachusetts or the United States District Court for the District of Massachusetts.
Except as provided in Bidder’s Remedies with regard to the Certification of Authenticity, any dispute, claim, cause of action related to or arising out of these Conditions of Sale or any other agreement(s) between the Parties must be brought within one (1) year of the acts, omissions or circumstances giving rise to the alleged claim, without exceptions. This provision is intended as a full, complete and absolute release of any claims after one (1) year of such acts, omissions or circumstances. The Parties agree further that these waiver provisions are intended to be binding on all parties in the event of any dispute, specifically including but not limited to third party claims and cross-actions brought by either RR Auction or Bidder. These provisions are consideration for the execution of these Conditions of Sale.
The Bidder hereby agrees that RR Auction shall be entitled to present these Conditions of Sale to a court in any jurisdiction other than set forth in this paragraph as conclusive evidence of the Parties' agreement, and the Parties further agree that the court shall immediately dismiss any action filed in such jurisdiction.
Notwithstanding the foregoing, RR Auction may, in its sole discretion, enforce its rights pursuant to these Conditions of Sale in the courts of the Commonwealth of Massachusetts or the United States District Court for the District of Massachusetts rather than in an Arbitration related to or arising out of any Auction of an item sold for less than $10,000. This right shall relate to the individual item price, such that RR Auction may, in its sole discretion, enforce its rights pursuant to these Conditions of Sale in the courts of the Commonwealth of Massachusetts or the United States District Court for the District of Massachusetts rather than in an Arbitration for items that in the aggregate exceed $10,000. The prevailing Party in such a proceeding shall be entitled to recover all of its related costs, whether before or after the formal institution of the proceeding, including but not limited to its reasonable attorneys’ fees and, if RR Auction prevails, the Buyer’s Premium as defined in these Conditions of Sale. This right of enforcement is unique to RR Auction, and these Conditions of Sale are a waiver by the Bidder of any right to enforcement or adjudication outside of an Arbitration.
CONDUCT OF AUCTION
Estimate Prices:
In addition to descriptive information, each item in the Catalog sometimes includes a price range which reflects opinion as to the price expected at auction (the “Estimate Prices”). In other instances, Estimate Prices can be obtained by calling RR Auction at (603) 732-4280. The Estimate Prices are based upon various factors including prices recently paid at auction for comparable property, condition, rarity, quality, history and provenance. Estimate Prices are prepared well in advance of the sale and subject to revision. Estimates do not include the Buyer’s Premium or sales tax (see under separate heading).
Owned or Guaranteed Property:
RR Auction generally offers property consigned by others for sale at public auction; in very limited occasion, lots are offered that are the property of RR Auction.
Before the Auction:
Bidder may attend pre-sale viewing for all of RR Auction’s auctions at no charge. All property to be auctioned is usually on view for several days prior to the sale. Bidder is encouraged to examine lots thoroughly. Bidder may also request condition reports (see below). RR Auction's staff are available at viewings and by appointment.
Maximum Bids – All Auctions:
To maximize Bidder’s chance of winning, RR Auction strongly encourages the use of maximum bids. RR Auction will then bid for Bidder until the lot reaches Bidder’s specified maximum. Maximum bids are strictly confidential. Placing arbitrary, non-incremental bids on lots with prior maximum bids may result in these lots being sold for less than 10% above the under Bidder's bid.
Successful Bids:
The fall of RR Auction's hammer indicates the final bid. RR Auction will record the paddle number of the Bidder. If Bidder’s salesroom or absentee bid is successful, Bidder will be notified after the sale by mailed or emailed invoice.
Unsold Lots:
If a lot does not reach the reserve, it is bought-in. In other words, it remains unsold and is returned to the Consignor. RR Auction 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.
Bidding—Timed Auction:
Bidder may open, monitor, and/or raise bids at any time before the close of a lot through www.rrauction.com. RR Auction offers a callback service the day of the Auction, but Bidder is responsible for supplying a correct telephone number(s) where Bidder can be reached until the Auction closes. Bidder must request this service in writing. RR Auction will make reasonable efforts to ensure that Bidders who request a callback are contacted if outbid; however, RR Auction does not guarantee this service and it is merely a courtesy and not an enforceable right. The auctioneer may also execute a bid on behalf of the consignor to protect the reserve, either by entering a bid in response to salesroom, telephone or absentee bids. Under no circumstances will the auctioneer place any bid on behalf of the consignor above the reserve. The auctioneer will not specifically identify bids placed on behalf of the consignor to protect the reserve.
To ensure proper registration, those Bidders intending to bid via the Internet must visit www.RRauction.com and register accordingly at least one full day prior to the actual auction. Winning bidders will be notified by RR Auction. RR Auction is not responsible or liable for any problems, delays, or any other issues or problems resulting out of use of the Internet generally or specifically, including but not limited to transmission, execution or processing of bids.
Any Bidder may bid on any lot prior to 6 pm EST/EDT. At that time, an extended bidding period goes into effect. If Bidder has not bid on a lot before 6 pm EST/EDT, Bidder may not bid on that lot after 6 pm EST/EDT. Only those Bidders who have placed bids on a lot before 6 pm EST/EDT will be allowed to bid on that lot after 6 pm EST/EDT. If Bidder is the only Bidder on a lot at 6 pm EST/EDT, that lot is awarded to Bidder. During the extended bidding period, a lot will remain open only to those who bid on that lot prior to 6 pm EST/EDT. All lots WITHOUT an opening bid at 6 pm EST/EDT will remain OPEN to ALL Bidders until 7 pm EST/EDT or until they receive their first bid. These lots will close immediately upon receipt of a bid or at 7 pm EST/EDT, whichever comes first. For all lots that are active after 7 pm EST/EDT, bidding will remain open until 30 minutes pass without a bid being placed on THAT lot (the “30 Minute Rule”). The 30 Minute Rule is applied on a PER LOT BASIS; each lot in the Auction closes individually based on bidding activity after 7 pm EST/EDT. On a PER LOT BASIS, the 30 minute timer will reset each time a bid is placed after 7 pm EST/EDT. If Bidder is the high Bidder, raising Bidder’s maximum bid will NOT reset the timer. RR Auction reserves the right to close the Auction at any time at its sole discretion.
Bidding - Internet – Live Auction:
Bidder may open, monitor, and/or raise bids at any time before the close of a lot through www.rrauction.com. RR Auction offers a callback service the day of the Auction, but Bidder is responsible for supplying a correct telephone number(s) where Bidder can be reached until the Auction closes. Bidder must request this service in writing. RR Auction will make reasonable efforts to ensure that Bidders who request a callback are contacted if outbid; however, RR Auction does not guarantee this service and it is merely a courtesy and not an enforceable right.
To ensure proper registration, those Bidders intending to bid via the Internet must visit www.RRauction.com and register accordingly at least one full day prior to the actual auction. Winning bidders will be notified by RR Auction. RR Auction is not responsible or liable for any problems, delays, or any other issues or problems resulting out of use of the Internet generally or specifically, including but not limited to transmission, execution or processing of bids.
Property is auctioned in consecutive numerical order, as it appears in the catalog. The auctioneer will accept bids from those present in the salesroom or absentee bidders participating by telephone, internet or by written bid left with RR Auction in advance of the auction. The auctioneer may also execute a bid on behalf of the consignor to protect the reserve, either by entering a bid in response to salesroom, telephone or absentee bids. Under no circumstances will the auctioneer place any bid on behalf of the consignor above the reserve. The auctioneer will not specifically identify bids placed on behalf of the consignor to protect the reserve.
During live Auctions, internet bids can be placed in real time through one or more of the following Third Party services: www.liveauctioneers.com, www.invaluable.com and www.icollector.com. RR Auction is not responsible or liable for any problems, delays, or any other issues or problems resulting out of use of the Internet generally or specifically, including but not limited to transmission, execution or processing of bids. RR Auction treats any third-party site bids as floor or telephone bids. Floor bids and telephone bids are always considered first over third party sites bids, and floor bids are considered earlier than telephone bids. All RR Auction lots purchased through the third party sites carry an additional Buyer’s Premium.
Miscellaneous:
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 RR Auction's Auction to obtain sales for non-selling consigned items subsequent to the Auction, are strictly prohibited. If a subsequent sale of a previously consigned item occurs in violation of this provision, RR Auction 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.
Acceptance of these Terms and Conditions qualifies Bidder as a client who has consented to be contacted by RR Auction in the future. In conformity with "do-not-call" regulations promulgated by the Federal or State regulatory agencies, participation by the Bidder is affirmative consent to being contacted at the phone number shown in his application and this consent shall remain in effect until it is revoked in writing. RR Auction may from time to time contact Bidder concerning sale, purchase, and auction opportunities available.
Rules of Construction: RR Auction 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 Conditions of Sale by these additional rules and shall be construed to give force and effect to the rules in their entirety.