33103
Extremely Rare and Possibly the Only Pair of Fine American Percussion Pistols by H. Midnight, Philad
Currency:USD
Category:Antiques / Firearms & Armory
Start Price:1.00 USD
Estimated At:5,000.00 - 10,000.00 USD
NOT SOLD (BIDDING OVER), HIGH BID WAS
45.00USD+ applicable fees & taxes.
This item WAS NOT SOLD. Auction date was 2011 Sep 18 @ 10:00UTC-5 : EST/CDT
Extremely Rare and Possibly the Only Pair of Fine American Percussion Pistols by H. Midnight, Philadelphia, Pa. and Egg Harbor, New Jersey. .36 caliber, 6 3/8-inch browned octagonal barrels with top flat marked: E. Midnight. Dovetailed front sight. Case-hardened breechblocks numbered 1 & 2. Key adjustable rear sight. Snail type nipple bolsters with rear skirt. Scroll-engraved tang. Coin-silver oval thumbpiece escutcheons. Scroll-engraved back action locks and hammers. Varnished walnut stocks with sub-relief checkered panels with scrolled borders. Rounded ovoid pommels with engraved oval escutcheons. Engraved German silver furniture. Steel wedges. A wonderful set of pistols with typical Philadelphia flair. Sold together with large binder containing the detailed history of Midnight as a gunsmith as well as his service as a Union soldier.Edward Mittnach [Midnight] immigrated to the United States in 1852 from Bremen, Germany. He and his wife Fredericka began their new life in Ward 6 of Philadelphia, Pennsylvania where Midnight worked as a gunsmith. His excellent work is well represented by this set of high quality pistols. Besides his obvious skills as a gun-maker, Midnight had a military history as well, being drafted at the age 44 into the Union Army and served as a private, Co. B, 11th New Jersey Infantry from Oct. 11, 1864 to May 30, 1865. He fought in the Battle of Petersburg among others and was cited for heroism and gallantry, being wounded while rescuing one of his comrades. Later census records after the Civil War show Midnight continued his profession as gunsmith in Egg Harbor, New Jersey. He remained in business at 52 Philadelphia Ave. until he died in 1913. Sold together with large comprehensive file on Midnight's history.Condition: The only guns we have ever seen by this maker. Both guns are excellent to nearly new showing most all of their original barrel browning and case-hardening colors. Wood excellent with minor marks. Action on both pistols is excellent.
Auction Location:
3500 Maple Avenue, Dallas, Texas, 75219, United States
Previewing Details:
September 9-11, 2011 Ukrainian Institute of America at The Fletcher-Sinclair Mansion
2 East 79th Street
New York, NY 10075
September 16-18, 2011 Heritage Auctions
3500 Maple Avenue
Dallas, TX 75219
Buyer's Premiums:
| From (Incl.) | To (Excl.) | Premium |
| 0.00 |
Infinite |
15% |
Additional Fees:
Shipping Details:
No Info Available
Payment Details:
No Info Available
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Current Bid.....................Bid Increment Current Bid.......................Bid Increment
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Cataloging, Warranties and Disclaimers:
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Release:
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small items that may be swallowed or ingested or may have latent defects all of which may cause
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Consumer disputes shall be resolved through court litigation which has an exclusive Dallas,
Texas venue clause and jury waiver. Non-consumer dispute shall be determined in binding
arbitration which arbitration replaces the right to go to court, including the right to a jury trial.
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compensatory damages, or any other damages arising or claimed to be arising from the auction of
any lot. 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 Bidder; 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.
47. 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, to refund the buyer’s purchase price without further
obligation.
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return and warranty rights, any interpretation of these Terms and Conditions, any alleged
verbal modification of these Terms and Conditions and/or any purported settlement whether
asserted in contract, tort, under Federal or State statute or regulation shall or any other matter:
a) if presented by a consumer, be exclusively heard by, and the parties consent to, exclusive
in personam jurisdiction in the State District Courts of Dallas County, Texas. THE PARTIES
EXPRESSLY WAIVE ANY RIGHT TO TRIAL BY JURY. Any appeals shall be solely pursued
in the appellate courts of the State of Texas; or b) for any claimant other than a consumer, the
claim shall be presented in confidential binding arbitration before a single arbitrator, that the
parties may agree upon, selected from the JAMS list of Texas arbitrators. The case is not to be
administrated by JAMS; however, if the parties cannot agree on an arbitrator, then JAMS shall
appoint the arbitrator and it shall be conducted under JAMS rules. The locale shall be Dallas
Texas. The arbitrator’s award may be enforced in any court of competent jurisdiction. Any party
on any claim involving the purchase or sale of numismatic or related items may elect arbitration
through binding PNG arbitration. Any claim must be brought within one (1) year of the alleged
breach, default or misrepresentation or the claim is waived. This agreement and any claims
shall be determined and construed under Texas law. The prevailing party (party that is awarded
substantial and material relief on its claim or defense) may be awarded its reasonable attorneys’
fees and costs.
49. No claims of any kind 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.
50. In consideration of their participation in or application for the Auction, a person or entity
(whether the successful Bidder, a Bidder, a purchaser and/or other Auction participant or
registrant) agrees that all disputes in any way relating to, arising under, connected with, or
incidental to these Terms and Conditions and purchases, or default in payment thereof, shall
be arbitrated pursuant to the arbitration provision. In the event that any matter including
actions to compel arbitration, construe the agreement, actions in aid or arbitration or otherwise
needs to be litigated, such litigation shall be exclusively in the Courts of the State of Texas, in
Dallas County, Texas, and if necessary the corresponding appellate courts. For such actions,
the successful Bidder, purchaser, or Auction participant also expressly submits himself to the
personal jurisdiction of the State of Texas.
51. 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:
52. 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 the Auctioneer’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, 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.
53. 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 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. Heritage may from time to time contact Bidder concerning sale,
purchase, and auction opportunities available through Heritage and its affiliates and subsidiaries.
54. 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 New York City. These Terms and Conditions of Sale are designed to
conform to the applicable sections of the New York City Department of Consumer Affairs Rules
and Regulations as Amended. This sale is a Public Auction Sale conducted by Heritage Auction
Galleries, Inc. #41513036. The New York City licensed auctioneers are: Sam Foose, #095260;
Kathleen Guzman, #0762165; Nicholas Dawes, #1304724; Ed Beardsley, #1183220; Scott Peterson,
#1306933; Andrea Voss, #1320558, who will conduct the Sale on behalf of Heritage Numismatic
Auctions, Inc. (for Coins and Currency) and Heritage Auction Galleries Inc. (for other items). All
lots are subject to: the consignor’s rights to bid thereon in accord with these Terms and Conditions
of Sale, consignor’s option to receive advances on their consignments, and Auctioneer, in its sole
discretion, may offer limited extended financing to registered bidders, in accord with Auctioneer’s
internal credit standards. A registered bidder may inquire whether a lot is subject to an advance
or a reserve. Auctioneer has made advances to various consignors in this sale. On lots bearing an
estimate, the term refers to a value range placed on an item by the Auctioneer in its sole opinion but
the final price is determined by the bidders.
Notice as to an Auction in Texas. In compliance with TDLR rule 67.100(c)(1), notice is hereby
provided that this auction is covered by a Recovery Fund administered by the Texas Department of
Licensing and Regulation, P.O. Box 12157, Austin, Texas 78711 (512) 463-6599. Any complaints may
be directed to the same address.
Notice as to an Auction in Ohio: Auction firm and Auctioneer are licensed by the Dept. of
Agriculture, and either the licensee is bonded in favor of the state or an aggrieved person may
initiate a claim against the auction recovery fund created in Section 4707.25 of the Revised Code as
a result of the licensee’s actions, whichever is applicable.
Rev. 7-25-11
Additional Terms & Conditions:
Coins & Currency
COINS and CURRENCY TERM A: Signature® 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 thirdparty
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 Ron Brackemyre (1-800-8726467 Ext. 1312)
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. 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 and CURRENCY TERM B: Auctions conducted solely on the Internet THREE (3) DAY RETURN
POLICY: Certified Coin and Uncertified and Certified Currency lots paid for within seven days of the
Auction closing are sold with a three (3) day return privilege. You may return lots under the following
conditions: Within three days of receipt of the lot, you must first notify Auctioneer by contacting
Client Service by phone (1-800-872-6467) or e-mail (Bid@HA.com), and immediately ship the lot(s)
fully insured to the attention of Returns, Heritage, 3500 Maple Avenue, 17th Floor, Dallas TX 75219-
3941. Lots must be housed intact in their original holder and condition. You are responsible for the
insured, safe delivery of any lots. A non-negotiable return fee of 5% of the purchase price ($10 per
lot minimum) will be deducted from the refund for each returned lot or billed directly. Postage and
handling fees are not refunded. After the three-day period (from receipt), no items may be returned
for any reason. Late remittance for purchases revokes these Return privileges.
COINS and CURRENCY TERM C: 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 and CURRENCY TERM D: 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; Professional Coin Grading Service (PCGS), PO Box 9458, Newport Beach, CA 92658; 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 and CURRENCY TERM E: 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, PMG, and
CGA 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 9458, Newport Beach, CA 92658; Currency Grading
& Authentication (CGA), PO Box 418, Three Bridges, NJ 08887. Third party graded notes are not
returnable for any reason whatsoever.
COINS and 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 and 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 and 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 and 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 and 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 non-certified
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 and 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 and CURRENCY TERM L: 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 and CURRENCY TERM M: 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 and CURRENCY TERM N: 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 and CURRENCY TERM O: Some of the lots offered herein have been assigned to 1031 Services,
Inc. for the purpose of consignor’s tax deferred exchange.
For wiring instructions call the Credit department at 1-800-872-6467
or e-mail: CreditDept@HA.com
Rev. 6-6-11
Additional Terms & Conditions:
MEMORABILIA & Historical AUCTIONS
MEMORABILIA & HISTORICAL TERM A: Signature® and Grand Format 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 an 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. 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 arbitration 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, P.O. Box 6180 Newport Beach, CA 92658 (800) 325-1121. James
Spence Authentication (JSA), 2 Sylvan Way, Suite 102 Parsippany, NJ 07054 (888) 457-7362; or as
otherwise noted on the Certificate.
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: 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 F: 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 and Historical Term G -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 H 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.
For wiring instructions call the Credit department at 1-800-872-6467
or e-mail: CreditDept@HA.com
Rev. 1-21-11
Additional Terms & Conditions:
FINE & DECORATIVE ARTS AUCTIONS
FINE AND 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 fift y 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 AND 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, previous scholarship has noted this to be a
work by the artist.
8. SIGNED (OR DATED)
The work has a signature (or date) which is 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 AND 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 AND 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. 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 AND 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 AND 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 AND 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 AND 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 AND 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.
Heritage Auction Galleries 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 supercede catalog descriptions
and those condition reports otherwise provided. Statements by Heritage regarding the condition of
objects 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. All lots offered regardless of a
condition report are sold “AS IS”.
For wiring instructions call the Credit department at 1-800-872-6467
or e-mail: CreditDept@HA.com
Rev.12-23-10
Additional Terms & Conditions:
SPORTS COLLECTIBLES AUCTIONS
SPORTS COLLECTIBLES TERM A: Signature® 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 thirdparty
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. 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: Auctions conducted solely on the Internet THREE (3) DAY
RETURN POLICY. All lots paid for within seven days of the Internet-only Auction closing are sold
with a three (3) day return privilege. You may return lots under the following conditions: Within
three days of receipt of the lot, you must first notify Auctioneer by contacting Client Service by
phone (1-800-872-6467) or e-mail (Bid@HA.com), and immediately mail the lot(s) fully insured to
the attention of Returns, Heritage, 3500 Maple Avenue, 17th Floor, Dallas TX 75219-3941. Lots must
be housed intact in their original holder and condition. You are responsible for the insured, safe
delivery of any lots. A non-negotiable return fee of 5% of the purchase price ($10 per lot minimum)
will be deducted from the refund for each returned lot or billed directly. Postage and handling
fees are not refunded. After the three-day period (from receipt), no items may be returned for any
reason. Late remittance for purchases revokes all Return privileges.
SPORTS COLLECTIBLES TERM C: 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 D: 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), P.O. Box 6180 Newport Beach, CA 92658; Sportscard Guaranty LLC (SGC)
P.O. Box 6919 Parsippany, NJ 07054-6919; Global Authentication (GAI), P.O. Box 57042 Irvine, Ca.
92619; Beckett Grading Service (BGS), 15850 Dallas Parkway, Dallas TX 75248.
SPORTS COLLECTIBLES TERM E: 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
arbitration 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, P.O. Box 6180 Newport Beach, CA
92658 (800) 325-1121. James Spence Authentication (JSA), 2 Sylvan Way, Suite 102 Parsippany, NJ
07054 (888) 457-7362; or as otherwise noted on the Certificate.
SPORTS COLLECTIBLES TERM F: 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 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: Certification does not guarantee protection against the normal risks
associated with potentially volatile markets. The degree of liquidity for certified 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.
For wiring instructions call the Credit department at 1-800-872-6467
or e-mail: CreditDept@HA.com
Rev. 1-21-11
Additional Terms & Conditions:
COMICS & COMIC ART AUCTIONS
COMICS & COMIC ART TERM A: Signature® 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 thirdparty
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. 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 ART TERM B: Auctions conducted solely on the Internet have a THREE (3) DAY
RETURN POLICY: Lots paid for within seven days of the Auction closing are sold with a three (3)
day return privilege. You may return lots under the following conditions: Within three days of
receipt of the lot, you must first notify Auctioneer by contacting Client Service by phone (1-800-
872-6467) or e-mail (Bid@HA.com), and immediately mail the lot(s) fully insured to the attention
of Returns, Heritage, 3500 Maple Avenue, 17th Floor, Dallas TX 75219-3941. Lots must be housed
intact in their original holder and condition. You are responsible for the insured, safe delivery of
any lots. A non-negotiable return fee of 5% of the purchase price ($10 per lot minimum) will be
deducted from the refund for each returned lot or billed directly. Postage and handling fees are not
refunded. After the three-day period (from receipt), no items may be returned for any reason. Late
remittance for purchases revokes all Return-Restock privileges.
COMICS & COMIC ART TERM C: Bidders who have inspected the lots prior to the auction will not be
granted any return privileges.
COMICS & COMIC ART TERM D: Comic books 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: Comics Guaranty
Corporation (CGC), P.O. Box 4738, Sarasota, FL 34230.
COMICS & COMIC ART 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.
COMICS & COMIC ART TERM F: All comics 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.
COMICS & COMIC ART TERM G: Since we cannot examine encapsulated comics, 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.
COMICS & COMIC ART 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.
COMICS & COMIC ART TERM I: 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.
COMICS & COMIC ART TERM J: Certification does not guarantee protection against the normal risks
associated with potentially volatile markets. The degree of liquidity for certified 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.
For wiring instructions call the Credit department at 1-800-872-6467
or e-mail: CreditDept@HA.com
Rev. 8-30-10
Additional Terms & Conditions:
JEWELRY & WATCH AUCTIONS
JEWELRY & WATCH 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 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.
JEWELRY & WATCH 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 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. 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 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 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 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 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 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 TERM J: All dimensions in catalog descriptions are approximate.
JEWELRY & WATCH 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 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.
For wiring instructions call the Credit department at 1-800-872-6467
or e-mail: CreditDept@HA.com
Rev. 8-30-10
Additional Terms & Conditions
WINE AUCTIONS
Wine Auction Term A: Bidder’s Age: You must be at least 21 years of age to participate in our
auctions.
Wine Auction 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 Auction 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 Auction Term D: Notice: The wine industry estimates a seven percent (7%) age of all wine
sealed with natural corks are 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 Auction Term E: Shipping: All items will be available to the Buyer for pickup up or
shipment upon Buyer’s payment of the purchase price and prepaid shipping charges. 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. Buyer 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 Auction 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 Auction 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.
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.
Wine Auction 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 Auction 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 Auction Term J: License: Heritage Collectibles, Inc. licensed in the State of California and
holds Type 17 and 20 licenses No 5000295.
For wiring instructions call the Credit department at 1-800-872-6467
or e-mail: CreditDept@HA.com
Rev. 1-25-11
Additional Terms & Conditions:
STAMPS & PHILATELIC ITEMS
STAMPS & PHILATELIC ITEMS TERM A: Signature® 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
ungraded 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 Jessica
Bennett (1-800-872-6467 Ext. 1156) 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. Lots returned must be housed intact in their original
holder. No lots purchased by floor Bidders may be returned (including those acting through
agents). Late remittance for purchases may be considered just cause to revoke all return privileges.
STAMPS & PHILATELIC ITEMS TERM B: Auctions conducted solely on the Internet THREE (3)
DAY RETURN POLICY: Certified Stamps, and Certified and Uncertified Philatelic Items paid for
within seven days of the weekly or monthly Internet Auction closing are sold with a three (3) day
return privilege. You may return lots under the following conditions: Within three days of receipt
of the lot, you must first notify Auctioneer by contacting Client Service by phone (1-800-872-6467)
or e-mail (Bid@HA.com), and immediately ship the lot(s) fully insured to the attention of Returns,
Heritage, 3500 Maple Avenue, 17th Floor, Dallas TX 75219-3941. Lots must be housed intact in
their original holder and condition. You are responsible for the insured, safe delivery of any lots. A
non-negotiable return fee of 5% of the purchase price ($10 per lot minimum) will be deducted from
the refund for each returned lot or billed directly. Postage and handling fees are not refunded. After
the three-day period (from receipt), no items may be returned for any reason. Late remittance for
purchases revokes these Return privileges.
STAMPS & PHILATELIC ITEMS TERM C: Multiple stamp / item lots, including sets, collections, large
lots, and small group lots, whether certified or not, are not sold on approval, and are sold “As Is”
Without Warranty. There are absolutely no exceptions to this policy.
STAMPS & PHILATELIC ITEMS TERM D: Stamps and Philatelic Items sold referencing a thirdparty
certification or grading service are sold “As Is” Without Warranty. Bidder shall solely
rely upon warranties of the authentication provider issuing the Certificate or opinion. 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 PSE, PF, and APEX 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: Professional Stamp Experts (PSE), P.O. Box 6170, Newport Beach, CA 92658;
Philatelic Foundation (PF), 70 West 40th St., 15th Floor, New York, NY 10018; American Philatelic
Expertising Service (APEX), 100 Match Factory Place, Bellefonte, PA 16823; or, for other services,
as otherwise noted on the Certificate. Third party graded stamps are not returnable for any reason
whatsoever. 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.
STAMPS & PHILATELIC ITEMS TERM E: 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.
STAMPS & PHILATELIC ITEMS TERM F: 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. 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.
STAMPS & PHILATELIC ITEMS TERM G: Auctioneer does not warrant provenance of a stamp
or philatelic item; it is the responsibility of the Bidder to arrive at their own conclusion prior to
bidding.
STAMPS & PHILATELIC ITEMS 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.
STAMPS & PHILATELIC ITEMS TERM I: Certification does not guarantee protection against the
normal risks associated with potentially volatile markets. The degree of liquidity for certified and
graded stamps 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.
STAMPS & PHILATELIC ITEMS TERM J: Storage of purchased stamps and philatelic items:
Purchasers are advised that certain types of plastic may react with a stamp’s ink(s), gum and/or
paper or transfer plasticizer to stamps and may cause damage. Caution should be used to avoid
storage in materials that are not inert.
STAMPS & PHILATELICS TERM K: Extension Policy:
a. The successful bidder may request the Auctioneer to have a Property or Properties authenticated by
an expertizing service set forth in Auctioneer’s preapproved expertizing committees. The extension
shall be governed by this section.
b. As a condition precedent to the request to place a Property on extension the successful bidder must
either deposit the purchase price of the Property with Auctioneer or have a preapproved credit limit
covering at least the amount of the successful bid.
c. Properties auctioned at a Signature Auction that do not have certificates or have certificates dated
more than five (5) years prior to the auction are eligible for expertizing.
d. The successful bidder may submit a lot for authentication to an expertizing service accepted by
Heritage.
e. The successful bidder’s election to submit a Property for expertizing must be made in writing and
such writing must be received by Heritage in writing within 30 days of last day of the auction along
with a photocopy of the application to the expertizing committee.
f. The Successful bidder shall notify Auctioneer immediately that a submitted Property has cleared,
failed, or had a no opinion certificate issued by the appointed expertizing committee and thereafter
immediately pay for Property or approve the release of the Property’s deposit if applicable.
g. The failure of the expertizing service to render an opinion is not grounds for return of the Property
and the successful bidder shall have their deposit transferred to auctioneer or if credit had been
extended pay for the Property immediately.
h. No Property sent to an expertizing committee in the United States may be eligible for a refund or
cancellation of its invoice after 120 days following the last day of the sale. Properties sent to an
overseas expertizing committee may not be returned after 180 days following the last day of the
sale. If the expertizing committee either domestically or overseas fails to issue an opinion in the
foregoing time periods, the successful bidder is responsible to immediately pay for the Property.
i. The Property must be returned to the Auctioneer in the same condition as when delivered to
the successful bidder. The Successful Bidder until a Property is returned shall assume all risk
of loss and damage to the Property. In the event of loss or damage the successful bidder shall be
responsible for the amount of his successful bid and costs of collection.
j. In the event of an unfavorable opinion, Heritage will refund the cost of the lot (if the successful
bidder has made a deposit or if on credit cancel the invoice), plus the expertizing fees up to $650.00.
k. On Properties subject to this section, the successful bidder waives any and all other claims
pertaining to the auction, the Property or otherwise except as expressly stated herein.
For wiring instructions call the Credit department at 1-800-872-6467
or e-mail: CreditDept@HA.com
Rev. 8-30-10
New York State Auctions Only
These Terms and Conditions of Sale are designed to conform to the applicable sections of the
New York City Department of Consumer Affairs Rules and Regulations as Amended. This
sale is a Public Auction Sale conducted by Heritage Auction Galleries, Inc. #41513036. The
New York City licensed auctioneers are: Sam Foose, #095260; Kathleen Guzman, #0762165;
Nicholas Dawes, #1304724; Ed Beardsley, #1183220; Scott Peterson, #1306933; Andrea Voss,
#1320558, who will conduct the Sale on behalf of Heritage Numismatic Auctions, Inc. (for
Coins and Currency) and Heritage Auction Galleries Inc. (for other items). All lots are
subject to: the consignor’s rights to bid thereon in accord with these Terms and Conditions
of Auction, consignor’s option to receive advances on their consignments, and Auctioneer,
in its sole discretion, may offer limited extended financing to registered bidders, in accord
with Auctioneer’s internal credit standards. A registered bidder may inquire whether a lot is
subject to an advance or a reserve. Auctioneer has made advances to various consignors in
this sale. On lots bearing an estimate, the term refers to a value range placed on an item by the
Auctioneer in its sole opinion but the final price is determined by the bidders.
Rev 6-20-11