90327
"JAMES MACDOUGAL BARNSLEY, Canadian 1861-1929 "
Currency:USD
Category:Art
Start Price:160.00 USD
Estimated At:640.00 - 960.00 USD
SOLD
190.00USDto floor+ buyer's premium
This item SOLD at 2006 Sep 28 @ 10:30UTC-06:00 : CST/MDT
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A full invoice should be emailed to the winner by the auctioneer within a day or two.
<B>JAMES MACDOUGAL BARNSLEY (Canadian, 1861 - 1929)</B></I><BR><I>Untitled</B></I><BR>Watercolor on paper<BR>13 x 9in. (unframed)<BR>Signed lower left<BR><BR>Aquired by the previous owner from Park-Bernet Galleries, NY (now Sotheby's)<BR>1 Item <BR><BR><B>Condition Report:</B> 19th century gilded frame
Auction Location:
3500 Maple Ave., 17th Floor, Dallas, Texas, United States
See terms and conditions
Buyer's Premiums:
| From (Incl.) | To (Excl.) | Premium |
| 0.00 |
Infinite |
22.5% |
Additional Fees:
Shipping Details:
<a href="http://www.heritagegalleries.com/common/shipping.php" target="_new">Complete shipping costs here</a>
Payment Details:
No Info Available
Accepted Payment Methods:
- VISA
- Money Order/Bank Draft
- PayPal
Terms and Conditions of Auction
Auctioneer And Auction:
1. This Auction is presented by Heritage Numismatic Auctions, Inc.; or its subsidiary Currency Auctions
of America, Inc.; or their affiliate, Heritage Auctions, Inc. d/b/a Heritage Auction Galleries, Heritage
Art Auctions, Heritage Fine & Decorative Arts Auctions, Heritage Comics Auctions, Heritage-Slater
Americana, Heritage Vintage Movie Posters, or Heritage Sports Collectibles Auctions, as identified
with the applicable licensing information on the title page of the catalog or on the Internet site (the
"Auctioneer"). The Auction is conducted under these Terms and Conditions of Auction and applicable
state and local law.
Buyer's Premium:
2. On bids placed through Heritage, a Buyer's Premium of fifteen percent (15%) for Heritage
Numismatic Auctions Inc. and Heritage-CAA, or nineteen and one-half percent (19.5%) for
Heritage Sports Collectibles, Heritage Comics Auctions, Heritage Movie Posters, Heritage Music &
Entertainment Memorabilia, Heritage Art Auctions and Heritage Americana of the hammer price
will be added to the successful bid. If the bid is placed through eBay Live a Buyer's Premium equal
to the normal Buyer's Premium plus an additional five percent (5%) of the hammer price will be
added to the successful bid up to a maximum Buyer's Premium of Twenty Two and one-half percent
(22.5%). There is a minimum Buyer's Premium of $9.00 per lot.
Auction Venues:
3. Exclusively Internet, Continuous Internet, Internet Currency, Amazing Comics Auctions, Amazing
Sports Auctions, and Online Session are Auctions conducted on the Internet. Signature Auctions
accept bids on the Internet first, followed by a floor bidding session; bids may be placed prior to the
floor bidding session by Internet, telephone, fax, or mail.
Bidders:
4. Any person participating or registering for the Auction agrees to be bound by and accepts these Terms
and Conditions of Auction ("Bidder(s)").
5. All Bidders must meet Auctioneer's qualifications to bid. Any Bidder who is not a customer in good
standing of the Auctioneer may be disqualified at Auctioneer's sole option and will not be awarded lots.
Such a determination may be made by Auctioneer in its sole and unlimited discretion, at any time prior
to, during, or even after the close of the Auction.
6. If an entity places a bid, then the person executing the bid on behalf of the entity agrees to personally
guarantee payment for any successful bid.
7. Auctioneer reserves the right to exclude any person it deems in its sole opinion is disruptive to the
Auction or is otherwise commercially unsuitable.
8. CREDIT REFERENCES: Bidders who do not have established credit with the Auctioneer must either
furnish satisfactory credit information (including two collectibles-related business references) well in
advance of the Auction or supply valid credit card information. Bids placed through our Interactive
Internet program will only be accepted from pre-registered Bidders; Bidders who are not members of
HeritageAuctions.com or affiliates should pre-register at least two business days before the first session
to allow adequate time to contact references.
Bidding oPtions:
9. Bids may be placed for a Signature Auction as set forth in the printed catalog section entitled "Choose
your bidding method." For Exclusively Internet, Continuous Internet, Internet Currency, Amazing
Comics Auctions, Amazing Sports Auctions, and Online Session auctions, see the alternatives shown
on each website. Review at HeritageAuctions.com/common/howtobid.php.
10. Presentment of Bids: Non-Internet bids (including but not limited to podium, fax, phone and mail
bids) are treated similar to floor bids in that they must be on-increment or at a half increment (called
a cut bid). Any podium, fax, phone, or mail bids that do not conform to a full or half increment will be
rounded up or down to the nearest full or half increment and will be considered your high bid.
11. Auctioneer's Execution of Certain Bids. Auctioneer cannot be responsible for your errors in bidding,
so carefully check that each bid is entered correctly. When identical mail or FAX bids are submitted,
preference is given to the first received. To ensure the greatest accuracy, your written bids should be
entered on the standard printed bid sheet and be received at Auctioneer's place of business at least two
business days before the Auction start. Auctioneer is not responsible for executing mail bids or FAX
bids received on or after the day the first lot is sold, nor Internet bids submitted after the published
closing time; nor is Auctioneer responsible for proper execution of bids submitted by telephone, mail,
FAX, e-mail, Internet, or in person once the Auction begins. Internet bids may not be withdrawn until
your written request is received and acknowledged by Auctioneer (FAX: 214-443-8425); such requests
must state the reason, and may constitute grounds for withdrawal of bidding privileges. Lots won by
mail Bidders will not be delivered at the Auction unless prearranged in advance. The decision of the
Auctioneer and declaration of the winning Bidder is final.
12. Caveat as to Bids. Bid increments (over the current bid level) determine the lowest amount you may bid
on a particular lot. Bids greater than one increment over the current bid can be any whole dollar amount.
It is possible under several circumstances for winning bids to be between increments, sometimes only
$1 above the previous increment. Please see: "How can I lose by less than an increment?" on our web-
site.
13. Bidding Increments: The following chart governs current bidding increments.
current Bid Bid increment
< $10 . . . . . . . . . . . . . . . . . . . . . . . . . .$1
$10 - $29. . . . . . . . . . . . . . . . . . . . . . .$2
$30 - $59. . . . . . . . . . . . . . . . . . . . . . .$3
$60 - $99. . . . . . . . . . . . . . . . . . . . . . .$5
$100 - $199. . . . . . . . . . . . . . . . . . . .$10
$200 - $299. . . . . . . . . . . . . . . . . . . .$20
$300 - $499. . . . . . . . . . . . . . . . . . . .$25
$500 - $999. . . . . . . . . . . . . . . . . . . .$50
$1,000 - $1,999. . . . . . . . . . . . . . . .$100
$2,000 - $2,999. . . . . . . . . . . . . . . .$200
conducting the Auction:
current Bid Bid increment
$3,000 - $4,999. . . . . . . . . . . . . . . .$250
$5,000 - $9,999. . . . . . . . . . . . . . . .$500
$10,000 - $19,999............ $1,000
$20,000 - $29,999............ $2,000
$30,000 - $49,999............ $2,500
$50,000 - $99,999............ $5,000
$100,000 - $249,999 . . . . . . . . $10,000
$250,000 - $499,999 . . . . . . . . $25,000
$500,000 - $1,499,999 . . . . . . . $50,000
> $1,500,000. . . . . . . . . . . . . . $100,000
14. Notice of the consignor's liberty to place reserve bids on his lots in the Auction is hereby made in
accordance with Article 2 of the Texas Uniform Commercial Code. A reserve is an amount below
which the lot will not sell. THE CONSIGNOR OF PROPERTY MAY PLACE WRITTEN RESERVE BIDS
ON HIS LOTS IN ADVANCE OF THE AUCTION; ON SUCH LOTS, IF THE HAMMER PRICE DOES
NOT MEET THE RESERVE, THE CONSIGNOR MAY PAY A REDUCED COMMISSION ON THOSE
LOTS. Reserves are generally posted online about 3 days prior to the Auction closing on Internet-
Only Auctions, and 7 days prior to the Auction on Signature Auctions. Any successful bid placed
by a consignor on his consigned lot on the Auction floor or by telephone during the live session, or
after the reserves for an Auction have been posted, will be considered an unqualified bid, and in such
instances the consignor agrees to pay full Buyer's Premium and Seller's Commissions on any lot so
repurchased.
15. The highest qualified Bidder shall be the buyer. In the event of any dispute between floor Bidders at a
Signature Auction, Auctioneer may at his sole discretion reoffer the lot. Auctioneer's decision shall be
final and binding upon all Bidders.
16. Auctioneer reserves the right to refuse to honor any bid or to limit the amount of any bid which, in his
sole discretion, is not submitted in "Good Faith," or is not supported by satisfactory credit, numismatic
references, or otherwise. A bid is considered not made in "Good Faith" when an insolvent or irresponsible person, or a person under the age of eighteen makes it. Regardless of the disclosure of his identity,
any bid by a consignor or his agent on a lot consigned by him is deemed to be made in "Good Faith".
NOMINAL BIDS -The Auctioneer may at its sole discretion reject nominal bids, small opening bids or
very nominal advances. If a lot fails to open for 40% to 60% of the low estimate, the Auctioneer may
pass the item from the block to be re-offered at a subsequent auction, or may place a protective bid on
behalf of the consignor.
17. All items are to be purchased per lot as numerically indicated and no lots will be broken. Auctioneer
reserves the right to withdraw, prior to the close, any lots from the Auction.
18. Bids will be accepted in whole dollar amounts only. No "buy" or "unlimited" bids will be accepted.
Bidders will be awarded lots at approximately the increment of the next highest bid. No additional
commission is charged for executing bids. Off-increment bids may be accepted by the Auctioneer at
Signature Auctions.
19. Auctioneer reserves the right to rescind the sale in the event of nonpayment, breach of a warranty,
disputed ownership, auctioneer's clerical error or omission in exercising bids and reserves, or otherwise.
20. Outage Policy: Auctioneer occasionally experiences Internet and/or Server outages during which
Bidders cannot participate or place bids. If such outage occurs, we may at our discretion extend bidding for the auction up to 24 hours. At our discretion, Auctioneer may consider two outages that occur
very closely to one another to be one outage when extending such Auction. This policy applies only to
widespread outages and not to isolated problems that occur in various parts of the country from time
to time.
21. Scheduled Downtime: Auctioneer periodically schedules system downtime for maintenance and other
purposes; this scheduled downtime is not covered by the Outage Policy.
22. The Auctioneer or its affiliates may consign items to be sold in the Auction, and may bid on those lots
or any other lots. Auctioneer or affiliates expressly reserve the right to modify any such reserve bids
on these items or any others at any time prior to the live auction or the online closing based upon
data made known to the Auctioneer or its affiliates. The Auctioneer may extend advances, guarantees,
or loans to certain consignors, and may extend financing or other credits at varying rates to certain
Bidders in the auction.
23. The Auctioneer has the right to sell certain items after the close of the sale. Items sold by Auctioneer
post sale shall be considered sold during the auction and all these Terms and Conditions shall apply to
such sales including but not limited to the payment of the buyer's fee, return rights and disclaimers.
PAyment:
24. All sales are strictly for cash in United States dollars. Cash includes: U.S. currency, bank wire, cashier
checks, travelers checks, and bank money orders, all subject to reporting requirements. Credit Card
(Visa or Master Card only) and PayPal payments may be accepted up to $10,000 from non-dealers at
the sole discretion of the auctioneer, subject to the following limitations: a) sales are only to the cardholder, b) purchases are shipped to the cardholder's registered and verified address, c) Auctioneer may
pre-approve the cardholder's credit line, d) a credit card transaction may not be used in conjunction
with any other financing or extended terms offered by the Auctioneer, and must transact immediately
upon invoice presentation, e) rights of return are governed by these Terms and Conditions, which
supersede those conditions promulgated by the card issuer, f) floor Bidders must present their card.
Personal or corporate checks may be subject to clearing before delivery of the purchases.
25. Payment is due upon closing of the Auction session, or upon presentment of an invoice. Auctioneer
reserves the right to void an invoice if payment in full of the invoice is not received within 7 days after
the close of the Auction.
26. Lots delivered in the States of Texas, California, or other states where the Auction may be held, are subject to all applicable state and local taxes, unless appropriate permits are on file with us. Bidder agrees
to pay Auctioneer the actual amount of tax due in the event that sales tax is not properly collected due
to: 1) an expired, inaccurate, inappropriate tax certificate or declaration, 2) an incorrect interpretation
of the applicable statute, 3) or any other reason.. Lots from different Auctions may not be aggregated
for sales tax purposes.
27. In the event that a Bidder's payment is dishonored upon presentment(s), Bidder shall pay the maximum statutory processing fee set by applicable state law.
28. If the Auction invoice(s) submitted by Auctioneer is not paid in full when due, the unpaid balance will
bear interest at the highest rate permitted by law from the date of invoice until paid. If the Auctioneer
refers the invoice(s) to an attorney for collection, the buyer agrees to pay attorney's fees, court costs,
and other collection costs incurred by Auctioneer. If Auctioneer assigns collection to its in-house legal
staff, such attorney's time expended on the matter shall be compensated at a rate comparable to the
hourly rate of independent attorneys.
29. In the event a successful Bidder fails to pay all amounts due, Auctioneer reserves the right to resell the
merchandise, and such Bidder agrees to pay for the reasonable costs of resale, including a 10% seller's
commission, and also to pay any difference between the resale price and the price of the previously
successful bid.
30. Auctioneer reserves the right to require payment in full in good funds before delivery of the merchandise to the buyer.
31. Auctioneer shall have a lien against the merchandise purchased by the buyer to secure payment of
the Auction invoice. Auctioneer is further granted a lien and the right to retain possession of any
other property of the buyer then held by the Auctioneer or its affiliates to secure payment of any
Auction invoice or any other amounts due the Auctioneer from the buyer. With respect to these lien
rights, Auctioneer shall have all the rights of a secured creditor under Article 9 of the Texas Uniform
Commercial Code. In addition, with respect to payment of the Auction invoice(s), the buyer waives
any and all rights of offset he might otherwise have against the Auctioneer and the consignor of the
merchandise included on the invoice.
32. If a Bidder owes Auctioneer or its affiliates on any account, Auctioneer and its affiliates shall have the
right to offset such unpaid account by any credit balance due Bidder, and it may secure by possessory
lien any unpaid amount by any of the Bidder's property in their possession.
33. Title shall not pass to the successful Bidder until all invoices are paid in full. It is the responsibility of
the buyer to provide adequate insurance coverage for the items once they have been delivered.
return Policies:
34. A FINE ARTS, DECORATIVE ARTS OR MEMORABILIA lot (Autographs, Sports Collectibles, or
Music, Entertainment, Political, Americana and/or Pop Culture memorabilia): The Auction is not
on approval. When the lot is accompanied by a Certificate of Authenticity (or its equivalent) from an
independent third party authentication provider, buyer has no right of return. Lots not having a third-
party certification (most lots) 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 Department Directory in this catalog or our website for a listing of department heads) in writing of the purchaser's request and such notice must be mailed within
three (3) days of the mail bidder's receipt of the lot. Any lot that is to be evaluated for 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 the Certificate of Authenticity, if any. 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.
35. COINS, CURRENCY, COMICS AND SPORTSCARDS Signature Auctions: The Auction is not on
approval. No certified material may be returned because of possible differences of opinion with respect
to the grade offered by any third-party organization, dealer, or service. No guarantee of grade is offered
for uncertified Property sold and subsequently submitted to a third-party grading service. There are
absolutely no exceptions to this policy. Under extremely limited circumstances, (e.g. gross cataloging
error) a purchaser, who did not bid from the floor, may request Auctioneer to evaluate voiding a sale;
such request must be made in writing detailing the alleged gross error, and submission of the lot to
the Auctioneer must be pre-approved by the Auctioneer; bidder must notify Ron Brackemyre, (ext.
312) in writing of the such request and such notice must be mailed within three (3) days of the mail
bidder's receipt of the lot. Any lot that is to be evaluated 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 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.
36. Exclusively Internet, Internet Currency, Amazing Comics Auctions, Amazing Sports Auctions, and
Online Session auctions: THREE (3) DAY RETURN POLICY. All lots (Exception: Third party graded
currency are not returnable for any reason whatsoever or if the lots were previewed in person) 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 Customer Service by phone (1-800-872-6467) or e-mail (Bid@
HeritageAuctions.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.
37. All Bidders who have inspected the lots prior to the auction will not be granted any return privileges,
except for reasons of authenticity.
deliVery; shiPPing And hAndling chArges:
38. Postage, handling and insurance charges will be added to invoices. Please either refer to Auctioneer's
website HeritageAuctions.com/common/shipping.php for the latest charges or call Auctioneer.
39. Auctioneer is unable to combine purchases from other auctions or Heritage Rare Coin Galleries into
one package for shipping purposes. Successful overseas Bidders shall provide written shipping instructions, including specified customs declarations, to the Auctioneer for any lots to be delivered outside of
the United States. NOTE: Declaration value shall be the item(s) hammer price together with its buyer's
premium.
40. All shipping charges will be borne by the successful Bidder. Due to the nature of some items sold, it
shall be the responsibility for the successful bidder to arrange pick-up and shipping through third parties, as to such items Auctioneer shall have no liability. Any risk of loss during shipment will be borne
by the buyer following Auctioneer's delivery to the designated common carrier, regardless of domestic
or foreign shipment. Any request for shipping verification for undelivered packages must be made
within 30 days of shipment by Auctioneer.
41. In the event an item is damaged either through handling or in transit, Auctioneer's maximum liability
shall be the amount of the successful bid including the Buyer's Premium. 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, and must provide their own insurance coverage for shipments.
cAtAloging, WArrAnties And disclAimers:
42. NO WARRANTY, WHETHER EXPRESSED OR IMPLIED, IS MADE WITH RESPECT TO ANY
DESCRIPTION CONTAINED IN THIS AUCTION OR ANY SECOND OPINE. Any description of the
items or second opine contained in this auction is for the sole purpose of identifying the items for
those Bidders who do not have the opportunity to view the lots prior to bidding, and no description of
items has been made part of the basis of the bargain or has created any express warranty that the goods
would conform to any description made by Auctioneer.
43. Auctioneer is selling only such right or title to the items being sold as Auctioneer may have by virtue
of consignment agreements on the date of auction and disclaims any warranty of title to the Property.
44. Translations of foreign language documents are provided as a convenience to interested parties.
Heritage makes no representation as to the accuracy of those translations and will not be held responsible for errors in bidding arising from inaccuracies in translation.
45. 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 money without further obligation. Under
no circumstances shall the obligation of the Auctioneer to any Bidder be in excess of the purchase price
for any lot in dispute.
46. Auctioneer disclaims any warranty of merchantability or fitness for any particular purposes.
47. Auctioneer disclaims all liability for damages, consequential or otherwise, arising out of or in connection with the sale of any property by Auctioneer to Bidder. No third party may rely on any benefit of
these Terms and Conditions and any rights, if any, established hereunder are personal to the Bidder
and may not be assigned. Any statement made by the Auctioneer is an opinion and does not constitute
a warranty or representation. No employee of Auctioneer may alter these Terms and Conditions, and,
unless signed by a principal of Auctioneer, any such alteration is null and void.
48A. COINS – 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: ANACS, P.O. Box 182141, Columbus, Ohio 43218-2141; Numismatic Guaranty
Corporation (NGC), P.O. Box 4776, Sarasota, FL 34230; Professional Coin Grading Service
(PCGS), PO Box 9458, Newport Beach, CA 92658; and ICG, 7901 East Belleview Ave., Suite 50,
Englewood, CO 80111.
48B. CURRENCY – Notes 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. Grading, condition or other attributes of any lot may have a material effect on its value, and the opinion of others,
including independent 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 independent grading service. The grades assigned by any grading service to any
note offered in any Heritage Currency Auctions of America sale represent the opinion of that grading
service only,and may differ in material respects from the grade assigned to the same note in previous
sales by HCAA or other auction companies, or from the grade that would be assigned by any other
grading service. HCAA is unable to view any third party graded item outside of the holder, and specifically disclaims any liability of any kind to bidders who bid on third party graded items for mistakes
of commission or omission by any grading service. Bidders are hereby notified that currency grading
standards have changed in the past and are subject to change in the future, and that the only remedy
bidder has with respect to third party graded notes is to deal directly with the grading service certifying the item. Bidders are also advised that Auctioneer makes no representation or guarantee that any
item obtained by Bidder will be assigned any particular grade by any particular grading service, and as
noted herein, Bidder specifically waives any claim to right of return of any item because of the opinion,
determination, or certification, or lack thereof, by any independent 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.
48C. COMICS – 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. Subject to sections 57 and 58, 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. Auctioneer's maximum liability shall not exceed the high bid on that lot, which bid
shall be deemed for all purposes the value of the lot. 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 recission of sale and refund
of purchase price. After one year has elapsed, Auctioneer's maximum liability shall be limited to
any commissions and fees Auctioneer earned on that lot.
48D. SPORTSCARDS – 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.
48E. MEMORABILIA – Auctioneer does not warrant authenticity of a memorabilia lot (Autographs,
Sports Collectibles, or Movie Posters, Music, Entertainment, Political, Americana and/or Pop
Culture memorabilia), when the lot is accompanied by a Certificate of Authenticity (COA), or its
equivalent, from an independent third-party authentication provider. Bidder shall solely rely upon
warranties of the authentication provider issuing the Certificate or opinion. For information as
to such authentication provider's warranties the bidder is directed to: SCD Authentic, 4034 West
National Ave., Milwaukee, WI 53215 (800) 345-3168; JO Sports, Inc., P.O. Box 607 Brookhaven, NY
11719 (631) 286-0970; PSA/DNA; 130 Brookshire Lane, Orwigsburg, Pa. 17961; Mike Gutierrez
Autographs, 8150 Raintree Drive Suite A, Scottsdale, AZ. 85260; or as otherwise noted on the
Certificate. On lots without a COA, subject to sections 57 and 58, 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. Auctioneer's maximum liability shall not exceed the high bid on that
lot, which bid shall be deemed for all purposes the value of the lot. 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 and established by agreement or dispute resolution, Auctioneer's liability shall be
limited to recission of sale and refund of purchase price. After one year has elapsed, Auctioneer's
maximum liability shall be limited to any commissions and fees Auctioneer earned on that lot.
48F. FINE AND DECORATIVE ARTS – Auctioneer warrants bold-faced items in the descriptions,
which are otherwise provided for identification purposes only. Bidders who intend to challenge the bold-faced items in the descriptions of a lot must notify Auctioneer in writing within
thirty (30) days of the Auction's conclusion. Auctioneer's maximum liability shall not exceed
the high bid on that lot, which bid shall be deemed for all purposes the value of the lot. 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 recission of sale and refund of purchase price. After one year has elapsed,
Auctioneer's maximum liability shall be limited to any commissions and fees Auctioneer
earned on that lot. Notwithstanding any other provision, while title to an item is warranted,
authenticity or provenance is a matter of opinion and is not warranted or part of Auctioneer's
representations.
49. All non-certified coins, currency, and 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. 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 ANACS, NGC, PCGS, ICG, CGC, CGA
or any other grading service at any time in the future.
50. Since we cannot examine encapsulated notes or 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.
51. 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 catalog should such items be reconsigned to any
future auction.
52. 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.
53. 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.
releAse:
54. In consideration of participation in the auction and the placing of a bid, a Bidder expressly releases
Auctioneer, its officers, directors and employees, its affiliates, and its outside experts that provide
second opines from any and all claims, cause of action, chose of action, whether at law or equity or
any arbitration or mediation rights existing under the rules of any professional society or affiliation
based upon the assigned grade or a derivative theory, breach of warranty express or implied, representation or other matter set forth within these Terms and Conditions of Auction or otherwise, except
as specifically declared herein; e.g., authenticity, typographical error, etc., and as to those matters, the
rights and privileges conferred therein are strictly construed and is the exclusive remedy. Purchaser, by
non-compliance to its express terms of a granted remedy, shall waive any claim against Auctioneer.
disPute resolution And ArBitrAtion ProVision:
55. By placing a bid or otherwise participating in the auction, such person or entity accepts these Terms
and Conditions of Auction, and specifically agrees to the alternative dispute resolution provided
herein. Arbitration replaces the right to go to court, including the right to a jury trial.
56. Auctioneer in no event shall be responsible for consequential damages, incidental damages, compensatory damages, or other damages arising from the auction of any lot. Auctioneer's maximum liability
shall not exceed the high bid on that lot, which bid shall be deemed for all purposes the value of
the lot. In the event that 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 recission of sale and refund of purchase price. After one year has elapsed,
Auctioneer's maximum liability shall be limited to any commissions and fees Auctioneer earned on
that lot.
57. Any claim as to provenance or authenticity must be first transmitted to Auctioneer by credible and
definitive evidence 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, our liability
for reimbursement for such service shall not exceed $500.
58. Provenance and authenticity are not guaranteed by the Auctioneer. While every effort is made to determine provenance and authenticity, it is up to the Bidder to arrive at that conclusion prior to bidding.
59. If any dispute arises regarding payment, authenticity, grading, description, provenance, or
any other matter pertaining to the Auction, the Bidder or a participant in the Auction and/or
the Auctioneer agree that the dispute shall be submitted, if otherwise mutually unresolved,
to binding arbitration in accordance with the commercial rules of the American Arbitration
Association (A.A.A.). A.A.A. arbitration shall be conducted under the provisions of the
Federal Arbitration Act with locale in Dallas, Texas. Any claim made by a Bidder has to
be presented within one (1) year or it is barred. The prevailing party may be awarded his
reasonable attorney's fees and costs. An award granted in arbitration is enforceable in any
court of competent jurisdiction. No claims of any kind (except for reasons of authenticity)
can be considered after the settlements have been made with the consignors. Any dispute
after the settlement date is strictly between the Bidder and consignor without involvement or
responsibility of the Auctioneer. 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.
60. In consideration of his 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. The successful Bidder, purchaser, or Auction participant also expressly submits himself to
the personal jurisdiction of the State of Texas.
miscellAneous:
61. 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.
62. Acceptance of these terms and conditions qualifies Bidder as a Heritage customer 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.
63. 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.
stAte notices:
64. Notice as to an Auction Sale in California. Auctioneer has in compliance with Title 2.95 of the
California Civil Code as amended October 11, 1993 Sec. 1812.600, posted with the California Secretary
of State its bonds for it and its employees and the auction is being conducted in compliance with Sec.
2338 of the Commercial Code and Sec. 535 of the Penal Code.
neW yorK city 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 Auctioneer. the new york city licensed
auctioneers are: Kathleen guzman, no. 0762165-day, and samuel W. Foose, no. 0952360day, no. 0952361-night, who will conduct the sale on behalf of heritage Auctions, inc.
("Auctioneer"). 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.
Rev. 9_7_06