Steve Jobs & Apple Auction
December 17, 2020 • www.RRAuction.com
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Steve Jobs and Apple Auction
Bidding begins December 10th. Bidding will close December 17th. This curated Apple auction boasts a historic array of early Apple-related material: an operation Apple-1 with its exceedingly rare original box, signed by designer
Steve Wozniak; an Apple keyboard signed by Steve Jobs and Steve Wozniak with a great backstory; and the only Steve Jobs letter ever auctioned. Other items
include computers from the collection of software pioneer Roger Wagner, materials
from the collection of Apple’s first COO Del Yocam, and a rare musical cue sheet from Pixar’s Monsters, Inc., signed by Steve Jobs, Randy Newman, and others.
Bob Eaton CEO, Acquisitions bob.eaton@rrauction.com
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Matt Klein Filemaker Developer and IT Administrator matt.klein@rrauction.com Robert S. Eaton Sr. 1940–2001
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Apple-1 with original box signed by Woz! Original Apple-1 board
Original Apple Cassette Interface Card
Original Apple-1 box, signed by Steve Wozniak
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Lot 6001
An exceptional, fully functional original Apple-1 ‘NTI’ computer (also commonly known as the Apple I, or Apple Computer 1), complete with its exceedingly rare original box and all components and accessories required for operation. The set includes:
• original Apple-1 board • original Apple-1 box, signed inside the lid in black felt tip by Steve Wozniak, “Woz” • original Apple Cassette Interface (ACI) • original Apple-1 Operation Manual • original Apple Cassette Interface manual • a vintage Apple-1 power supply • a vintage Datanetics keyboard in wooden case • a vintage 1976 Sanyo monitor • a vintage Panasonic cassette player
Graded an 8.0/10 by Apple-1 expert Corey Cohen This Apple-1 computer was restored to its original, operational state in September 2020 by Apple-1 expert Corey Cohen, and a video of it running and functioning is available upon request. A comprehensive, technical condition report prepared by Cohen is available to qualified bidders; he evaluates the current condition of the unit as 8.0/10. Aside from the presence of the exceptionally rare original shipping box—one of just a handful of known Apple-1 board and box sets known today—the most remarkable aspect of this Apple-1 computer is that it is documented to be fully operational: the system was operated without fault for approximately eight hours in a comprehensive test.
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Lot 6001
The Apple-1 was originally conceived by Steve Jobs and Steve ‘Woz’ Wozniak as a bare circuit board to be sold as a kit and completed by electronics hobbyists, their initial market being Palo Alto’s Homebrew Computer Club. Wozniak alone designed the hardware, circuit board designs, and operating system for the computer, and he first demonstrated the Apple-1 at a club meeting in July 1976. Upon seeing interest among the membership, he and Jobs pooled their resources to have the boards produced. They originally hoped to sell 50 of them at $40 per board to recover their initial $1000 outlay. However, seeking a larger audience, Jobs approached Paul Terrell, owner of The Byte Shop in Mountain View, California, one of the first personal computer stores in the world. Terrell offered to buy 50 of the computers—at a wholesale price of $500 a piece, to retail at $666.66—but only if they came fully assembled. With this request, Terrell aimed to elevate the computer from the domain of the hobbyist/enthusiast to the realm of the mainstream consumer.
Jobs and Wozniak spent ten days putting together, soldering, and testing the Apple-1 units Jobs agreed to Terrell’s deal, and managed to secure favorable terms for financing the parts necessary to build 50 Apple-1 computers. He and Wozniak then spent ten days putting together, soldering, and testing the Apple-1 units before delivering them to The Byte Shop. Thus, the Apple-1 was one of the first completely assembled ‘personal’ computers which did not require soldering by the end user, and simply worked out of the box with a few accessories that could be purchased from a local electronics store—the Datanetics keyboard, for example, was the recommended model for the Apple-1, and sold at The Byte Shop and elsewhere. All together, over a span of about ten months, Jobs and Wozniak produced about 200 Apple-1 computers and sold 175 of them.
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Lot 6001
This Apple-1 computer is documented to be fully operational: the system was operated without fault for approximately eight hours in a comprehensive test. This operational examination included: • Entering and executing Apple-1 check out program from the Apple-1 Operation Manual Loading Apple Basic using the ACI and digital audio source • Entering and executing a small Apple Basic program • Loading Apple 8k Star Trek in Apple Basic using the ACI and digital audio source Playing Checkers in Apple Basic • Loading Apple the 30th, ASCII graphics demo using the ACI and digital audio source An Apple-1 is not considered fully functional until it can perform all of the above tasks, as they require a fully operational system with no memory or system faults.
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The revolutionary Apple-1 Cassette Interface Adapter (ACI)
On the left side, the board is marked: “Apple Computer 1, Palo Alto, Ca. Copyright 1976,” with the NTI emblem below, denoting it as part of the second batch of boards, ordered in the second half of 1976. Unlike most Apple-1 boards, many of the integrated circuits have bright and clear labeling. It exhibits typical green coat wear for a later NTI Apple-1 and has all correct components in good working order. The Apple-1 memory and IO jumpers have been wired to support executing Apple Basic on an 8K memory system, and the prototyping area is pristine and unused. Revolutionary at the time, the standard Apple-1 included 4K of inexpensive dynamic random access memory (DRAM), which could be expanded to 8K on board or 64K externally. Most computers in the Apple-1’s price range used more expensive static memory (SRAM), which limited them to 1K of memory for a similar cost. We still use DRAM technology today in computers, mobile phones, and electronics. Another central characteristic of the Apple-1 is its built-in video terminal, which allows output to 8 |
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a television screen or video monitor. This was a dramatic advance from the traditional computer input/output mechanism of the day, the ASR-33 teletype, which printed a computer’s output onto a spool of paper. With this video port, the Apple-1 allowed a user to view commands on a screen in real time—something taken for granted in today’s computing world. Included with this Apple-1 is a period Sanyo VM4092 monitor dated November 1976, with Apple-1 specific connection cable. This Apple-1 also includes an original Apple-1 Cassette Interface (ACI), also introduced in 1976, which provides the ability to save memory contents onto a standard audio tape, and later load the contents back into the computer’s memory. The included Panasonic RQ209AS cassette tape recorder/player is correct to the period. Revolutionary for the time, Steve Wozniak designed the ACI to use only 6 integrated circuits, compared to other solutions which used 50 to 100 integrated circuits. This allowed Apple to sell their solution for less than their competitors; the Apple ACI also operated at four times the speed of its contemporary competitors.
In 2005, the Apple-1 board owner met Steve Wozniak at a UCLA Bay Area Alumni event, where Woz signed the original Apple-1 box; the box can be clearly seen in this photograph.
Accompanying documentation includes the original Apple-1 Operation Manual and original Apple Cassette Interface manual, which feature the original “Apple Computer Co.” logo, designed by third Apple co-founder Ron Wayne, on the covers. The Operation Manual features information on getting the system running, using the system monitor, and expanding the Apple system, and has a fold-out schematic of the Apple-1 computer. At center is a page headed “6502 Hex Monitor Listing”—a famous program commonly known as the ‘Woz Monitor.’ Also includes a program from the 2005 UCLA event at which Wozniak signed the box, an image of the present owner with Wozniak and the box at the event, and a printout of a 1994 email from Woz about the Apple-1.
The early success of the Apple-1 in 1976 paved the way for the introduction of the Apple II in the spring of 1977. In Apple’s 1980 IPO prospectus, the company described its progress: ‘In April 1977 the Company introduced the Apple II computer mainframe which was similar to the Apple I but incorporated additional circuitry and a keyboard, and was packaged in a plastic housing.’ In other words, the Apple II built upon the Apple-1 to become an even more capable, more consumer-ready machine. Between 1977 and 1980, on the sales of the Apple II and its peripherals, accessories, and software, Apple Computer’s yearly revenue grew from $774,000 to $118 million, making it one of the great growth stories of Silicon Valley. The Apple-1 is not only a marvel of early computing ingenuity, but the product that launched what is today one of the most valuable and successful companies in the world.
Lot 6001 Apple-1 Computer with Original Box Signed by Steve Wozniak Starting Bid $50,000
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“Insanely great” NeXT job offer signed by Steve Jobs, and initialed three times— an excessively rare piece 6002. Steve Jobs Typed Letter Signed. Exceedingly rare TLS signed “steve jobs,” two pages, 8.5 x 11, NeXT letterhead, November 14, 1991. Letter to Del Yocam, former COO of Apple who was then serving on the board of directors at Adobe Systems. In part: “NeXT is pleased to offer you employment on the following terms: - The title of President of Chief Operating Officer. - A salary of $250,000 per year, paid monthly in advance. - Participation in NeXT’s great employee health plan, which includes major medical, dental, vision and prenatal benefits. In addition, NeXT is a smoking-free work environment. - You will be entitled to purchase Six Hundred and Sixty Thousand (660,000) shares of NeXT’s common stock under the terms of NeXT’s 1990 stock option plan… - I will support your election to NeXT’s Board of Directors. NeXT offers no employment contracts, and your employment with NeXT is ‘at will’ and may be terminated by you or NeXT at any time.” Above the signature line is typed: “I accept this insanely great offer !!!”—”insanely great” being a famous Jobs-ism used to introduce the Macintosh. The offer letter is signed at the conclusion by both Jobs and Yocam, with Jobs adding two handwritten amendments—”Start date to be Nov. 18th” and “All Functions will report to Del”—both initialed “sj.” Jobs also initials a handwritten statement by Yocam, “Janet and I have prepaid for a South American cruise departing Feb. 28, 1992, and ending Mar 14, 1992.” In very fine condition. Letters signed by Jobs are incredibly rare—we find none in auction records. Having been ousted from Apple in the fall of 1985, Jobs founded the innovative NeXT project, a computer and software company aimed at the markets of business and higher education. The first NeXT Computer was introduced in 1988 with great fanfare thanks to Jobs’s marketing strategy. At NeXT, Jobs helped to develop a pioneering ‘fingerless’ automated manufacturing line right in Silicon Valley. He believed that keeping the design, development, and manufacturing in close proximity—all in a single plant, rather than outsourced overseas—would help NeXT out-innovate its competitors by allowing continuous improvement of their products. Although their computers encountered subpar sales, the NeXTSTEP operating system and development environment proved highly influential, forming the basis for Mac OS X. Apple purchased NeXT in 1997 for $429 million and 1.5 million shares of Apple stock, with Jobs, as part of the agreement, returning to the company he had co-founded in 1976. Despite signing this job offer, Yocam never served as NeXT Corporation’s COO and retained the offer letter. In personal correspondence, Yocam recalled: “Steve got married to Laurene Powell March 18, 1991, and he was attempting to determine if he could back off of the overwhelming time he was spending at NeXT. I got a call from Steve shortly after he was married. He spent the next 6+ months wining and dining me in an attempt to get me to come to NeXT as President and COO. I was at NeXT many times interviewing with his Executive Staff, all of which I had known from Apple. They were desperate for me to come as Steve was driving them crazy. He was constantly changing the specifications for the NeXT computer and NeXTstep operating environment. I had joined the Board of Adobe Systems early in 1991 and actually spent 18 years on the Board of Adobe. So it was during this time that Steve was after me. I was at his home 4–6 times and out to dinner with Steve many many times. The actual offer letter didn’t come until November 14, 1991. By that time, I had become concerned that even if I joined as President and COO, Steve wouldn’t back off and allow me to run the company. (I even had him write in the offer letter that ‘all functions would report to Del.’) Additionally, I was in discussions with Larry Ellison of Oracle to join his Board of Directors, which I actually did early in 1992…I think it was ultimately all of the time Steve and I had spent at Apple and his absolute control of his environment that kept me from joining him at NeXT.” Accompanied by a brief signed provenance statement from Yocam. Starting Bid $2,500
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Apple keyboard signed in-person by Jobs and Woz—the only known Apple device signed by both Steves!
6003. Steve Jobs and Steve Wozniak Signed ‘Battleship’ Keyboard. Remarkable original Apple Extended Keyboard (Model No. M0115, Serial No. 470951), signed on the bottom in black felt tip, “Steve Jobs” and “Woz.” The signatures were obtained in-person by tech venture capitalist Steve Jurvetson: Steve Wozniak signed this keyboard for him on the Stanford campus in 1989, and Steve Jobs signed it at Jurvetson’s home in 1994 while speaking to students in the Stanford Graduate School of Business’s High Tech Club. In fine condition. Jurvetson relates the story of Jobs signing: “Back when I was a b-school student, I had Steve Jobs over for a fireside chat to the ‘High-Tech Club’ that I ran at the time. When I asked my childhood hero if he would sign my Apple Extended keyboard, he looked a little surprised to see Woz’s signature already there, and then he exclaimed, ‘This keyboard represents everything about Apple that I hate. It’s a battleship. Why does it have all these keys? Do you use this F1 key? No.’ And with his car keys he pried it right off. He did this for each of the keys. Alan Deutschman reported the moment in his book, The Second Coming of Steve Jobs, culminating in Jobs’ comment: ‘I’m changing the world, one keyboard at a time.’ He signed the keyboard. I found the function keys the next day on the fireplace mantle (he had left them quietly behind), and I put them back on the keyboard.” This story was also shared in Evelyn M. Rusli’s New York Times piece, ‘What I Learned From Steve Jobs,’ in 2011, and as part of a Jobs obituary written by Jurvetson and published in Businessweek. When Jurvetson shared the story with Steve Wozniak, he responded to Jobs’s comment, ‘This keyboard represents everything about Apple that I hate,’ saying: “I hope he didn’t include me in that comment! There was plenty to hate about that keyboard though. You may well have the only Apple device with both our signatures on it.” Starting Bid $5,000
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The Pixar chair checks out the music of Monsters, Inc.
6004. Steve Jobs Signed Monsters, Inc. Cue Sheet. Musical cue sheet used during the production of the Oscar-winning 2001 Pixar film Monsters, Inc., 17 x 11, dated August 13, 2001, signed and inscribed in blue felt tip, “Rick, I’m an old trumpet player too! Steve Jobs,” “Rick—I’m just old, Love & thanks, Randy Newman,” and “To Rick, Trumpets Inc.! John Lasseter,” who adds a large sketch of the one-eyed Mike Wazowski, and in black felt tip, “To Rick—Go man, blow! Pete Docter,” who adds a sketch of Sulley playing the trumpet. Headed “Project Monsters, Composer Randy Newman, Job No. 1476, Session Double,” the cue sheet features a total of 30 cues and titles for their corresponding scenes, with the upper border categorized by instrument type: Strings, Woodwind, Additional Woodwind, Brass, Keyboards, Rhythm, and Choir. In fine condition. Included with the cue sheet is a color glossy 12 x 8 photo of Jobs and Lasseter standing together in a Sony studio, signed and inscribed in black felt tip, “To Rick, My 2nd [struck through] 1st favorite trumpet player! Your pal, John Lasseter, Monster, Inc., 9-6-2001,” with an added sketch of Wazowski. The recipient, Rick Baptist, is an acclaimed trumpet player who has performed on over 1,300 motion pictures, which includes numerous Pixar and Disney animated films like Toy Story, Up, Wreck-It Ralph, WALL·E, Aladdin, The Nightmare Before Christmas, and many, many more. Accompanied by a letter of provenance from Baptist, and by a color 8 x 10 photo of Baptist standing with Jobs at the time of signing, which shows Jobs holding the offered Monsters, Inc. cue sheet. Starting Bid $1,000 www.RRAuction.com | 13
Steve Jobs, as CEO of NeXT, meets with Intel in 1986
6005. Steve Jobs Intel Customer ID Badge. Intel Customer badge worn by Steve Jobs when he visited the Intel Corporation headquarters in Santa Clara, California, in April 1986. The blue-and-white plastic badge with clip, 3.25 x 2.25, bears two affixed labels, “S. Jobs” and “Next Inc,” with the reverse marked “1214.” In fine condition. The badge derives from the personal collection of Brian Ekiss, a product line manager at the Intel Folsom Microcomputer Division, who met with Jobs to discuss a partnership with Intel and the vision of ‘P7,’ a codename for the x86 architecture. The badge is accompanied by a large assortment of internal Intel correspondence dating between 1983 and 1989, measuring 2˝ in height, which includes four mentions of Jobs (March–June 1986), and approximately 20 mentions of Apple (March 1985–January 1987). The first mention of Jobs can be found under the category “Accomplishments” in a handwritten “March Status Report” dated March 20, 1986, which reads: “Have arranged a meeting with NeXT, Inc. (Steve Jobs) to present.” The second is in the April status report dated April 21, 1986: “Held a senior management meeting between Steve Jobs and Dave House. Succeeded in at least getting Jobs extremely interested in Intel and P7. A decision should be made in the next 1–2 weeks.” The third is in the May report, which, after noting an upcoming visit by NeXT engineers to better review the P7, jokes about potential headlines: “Steve Jobs was seen begging Andy Grove for parts outside Intel’s Santa Clara headquarters recently.” The final instance, found in the June report, dated June 18, 1986, affirms that “NeXT will not be using the P7 it appears” and that “Our DCO meeting at NeXT featured a cameo appearance by Jobs.” The provenance package also includes: a box of business cards, ostensibly collected by Ekiss during his career at Intel, totaling to well over 200 cards; a group of five Intel award plaques presented to Ekiss; an Intel sunglasses pouch; a group of three Intel keychains containing i386 and i486 microprocessors, and a microprocessor in a small Lucite display that reads: “Intel Micromainframe Components, A Milestone in VLSI.” Starting Bid $300
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“Original personal photo. No copies have been made. This photo has been in my possession since 1981. Del Yocam, Steve Jobs & Bob Noyce pictured.” 6006. Steve Jobs and Robert Noyce Photograph Annotated by Del Yocam. Original color glossy 5 x 3.5 photograph of Steve Jobs sitting beside microchip creator and Intel co-founder Robert Noyce, annotated and signed on the reverse in ballpoint by Apple’s first chief operating officer Del Yocam. In fine condition, with light surface impressions from Del Yocam’s notations on the back. Starting Bid $200
“Original personal photo. No copies have been made. This photo has been in my possession since 1981. Del Yocam, Steve Jobs & Del Yocam pictured.” 6007. Steve Jobs and Del Yocam Photograph Annotated by Yocam. Original color satin-finish 4 x 5.75 photograph of Steve Jobs sitting at a piano beside Apple’s first COO Del Yocam, annotated and signed on the reverse in ballpoint by Yocam. In fine condition. Starting Bid $200
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6009. Apple: Wozniak and Wayne Signed Floppy Discs. Two black 5.25˝ floppy disks, individually signed in silver ink by Apple pioneers Steve Wozniak (“Woz”) and Ron Wayne (“Ronald Wayne”). In fine condition. Starting Bid $200
Woz’s custom-made Apple sunglasses
6010. Steve Wozniak’s Apple Rainbow Glasses. Exceedingly rare pair of Apple ‘rainbow’ sunglasses that Steve Wozniak had custom made by an optometrist circa 1979. The sunglasses have Metzler-TWE 145 frames and feature vibrant rainbow-colored lenses designed in the shape of the iconic Apple logo. One of a limited issue of 30, these sunglasses include its original sleeve, hardshell case, and cleaning cloths. In fine condition, with only some light wear to the original box/sleeve. The cover of Steve Carr’s 1984 book, WOZ: the Prodigal Son of Silicon Valley, depicts Wozniak wearing a pair of these totally hip sunglasses. Squirreled away for 40 years, this is the ultimate accessory for the discerning Apple fan. Accompanied by a signed letter of provenance from Wozniak: “Around 1979, I had an optometrist in Palo Alto custom make 30 pairs of these glasses with lenses in the shape and rainbow colors of the original Apple logo. It was a project, just for fun. It’s amazing to see these over forty years later, with the original box, case and cleaning cloths.” Starting Bid $200
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6011. Apple: Computer Playground Fliers. Lot of eight original circa 1976 fliers from Computer Playground in Westminster, California, a computer store that allowed customers to come in and rent time on the Apple I computer, playing video games and learning the BASIC programming course. Inspired by the Star Trek television series, the 8.5 x 11 flier shows the starship USS Enterprise soaring through space above bold white text: “Journey to a new computer environment.” In overall fine condition, with a stain to the edge of one. Accompanied by a pair of Apple and Wheels of Zeus business cards belonging to Steve Wozniak, a MOS technology pamphlet for a “Processor Programming Model,” a sheet of 89 Apple “16” logo stickers, and a five-page booklet entitled “The Wonderful Wiz of Woz.” Starting Bid $200
6012. Apple: Altair to Zaltair Gag Fliers. Scarce and sought-after set of three original “From Altair to Zaltair” gag fliers made and distributed by Steve Wozniak at the inaugural West Coast Computer Faire held in San Francisco on April 16, 1977. A parody of the Altair 8800 computer made by MITS in 1975, the 8.5 x 11 flier, which comes in colors of green, orange, and blue, was a jab at the current ‘Z’ trend, where companies using Zilog’s Z-80 chip were rolling out brands based on ‘Z’ words. In order to make the ad believable, Wozniak included fake trademarks, a mailing envelope for MITS, and a fake quote from Ed Roberts, then president of MITS, which spelled out the name of a rival company, Processor Technology, when looking at the first letter of every word. Purportedly, the final product was so convincing that even Steve Jobs fell for it. In overall fine condition. Accompanied by two MITS mailing envelopes. Starting Bid $200
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“My original Apple II prototype schematics and programming instructions”
6013. Steve Wozniak’s Hand-Drawn Apple 2 Schematics. Steve Wozniak’s hand-drawn and handwritten schematics and programming instructions for a prototype of the Apple II home computer, consisting of 23 total pages of work-in-progress notes and diagrams for the Apple II breadboard, which includes: five pages of circuit schematics and notes, accomplished in pencil, ink, and felt tip on off-white 8.5 x 11 sheets of graphing paper; six photocopied pages headed “Bus Sources,” “System Timing,” “Display,” “Sync Timing & Adr. Gen,” and “Timing,” 8.5 x 11 and 11 x 8.5, featuring several ballpoint and felt tip annotations; and a 12-page handwritten programming instruction guide consisting of 28 detailed steps. In overall fine condition. As Woz hand-wired the Apple II prototype, he meticulously added notations, circuit changes, and programming notes to these remarkable working pages, documents that not only helped change computers from building-sized behemoths to friendly desktop devices, but likewise ushered in the personal computer revolution in April 1977. Woz’s historic schematics and notes truly represent the genesis of mainstream personal computing that changed how the world forever works, plays, and communicates. Accompanied by a signed letter of provenance from Wozniak: “These documents, circa 1975, are my original Apple II prototype schematics and programming instructions. They are precious. On these work-in-progress diagrams, you can even see my breadboarding technique, where I’d go over drawn connections in red as I soldered the wires in. At the time, I favored using a purple felt tip pen for writing, so it’s interesting to see these notes decades on. The prototype was hand-wired while I was still an engineer at Hewlett-Packard’s Advanced Product Division, where I was involved in the design of hand-held calculators.” Starting Bid $300
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6014. Del Yocam’s Apple II Computer. Original Apple II computer personally-owned by Apple executive Del Yocam, who was the executive vice president and general manager of the Apple II group from 1983 until 1985, when he became Apple’s first chief operating officer (COO). The bottom bears an “Apple Computer Inc.” label, identifying it as “Model No. A2S1016, Serial No. A2S2-117069”; hand-etched beside the label is “RSD 38 No. 15.” Includes the original Apple II box (addressed to Yocam in Woodside, California) and Apple II reference manual, plus a universal power cable. In fine cosmetic condition, with the space key somewhat wobbly; operating condition untested. Accompanied by a letter to Yocam on Apple letterhead signed by Pat Hanson, April 4, 1988, in full: “Thank you for taking time out of your busy schedule to visit Systems Remarketing. We appreciated your interest and the opportunity to show you the progress we have made.” The early success of the Apple-1 in 1976 paved the way for the introduction of the Apple II in the spring of 1977. In Apple’s 1980 IPO prospectus, the company described its progress: ‘In April 1977 the Company introduced the Apple II computer mainframe which was similar to the Apple I but incorporated additional circuitry and a keyboard, and was packaged in a plastic housing.’ In other words, the Apple II built upon the Apple-1 to become an even more capable, more consumer-ready machine. Between 1977 and 1980, on the sales of the Apple II and its peripherals, accessories, and software, Apple Computer’s yearly revenue grew from $774,000 to $118 million, making it one of the great growth stories of Silicon Valley. Starting Bid $200
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6015. Apple II ‘Rainbow’ Poster. Scarce original color 22.5 x 34.5 advertising poster for the Apple II computer featuring the colorful ‘rainbow’ logo at center, with stylized black text below: “Apple ][, the home/personal computer.” Rolled and in very good to fine condition, with light creasing to the bottom and edges, a fold under the “Apple II” line, and light toning from prior display. Starting Bid $200
6016. Apple IIc Plus Preproduction Development Verification Unit. Early preproduction development verification model of the Apple IIc Plus personal computer, with a label on the top reading: “Warning, Dvt Unit, Not For Sale,” with “49” written in black felt tip and “172” struck through. The unit lacks the hallmarks of a final production unit—the rainbow Apple emblem is missing from the upper left, the “Apple IIc Plus” text is missing from the upper right, and the labels for “keyboard,” “volume,” “disk use,” and “power” are absent from the panel above the keyboard; it is also missing the volume slider, and no production or model numbers are cast into the bottom of the case. It is also missing the molded symbols for the ports on the back panel. These characteristics make it an especially interesting Apple IIc Plus, indicating that the unit predates the production molds for the plastic bottom and back. Includes a Mouse Systems A+ single-button optical mouse with special reflective metal mouse pad, original Apple power cord, two RCA video cables, and official Apple carrying bag with embroidered rainbow logo. In very good to fine cosmetic condition, with some scattered marks and scratches; operational condition untested. Read more online at www.RRAuction.com. Starting Bid $200
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6017. Apple IIc Plus Development Verification Unit with Box. Development verification model of the Apple IIc Plus personal computer (Model No. A2S4500), with a label on the top reading: “Pvt Unit (UMC), Not For Sale.” The unit’s case has a production-style bottom with cast model number and specifications, serial number label (E821058PVT4500), and the typical caseback with inherent port symbols. However, it is missing the “Apple IIc Plus” text from the upper right corner of the case. Includes an original Applesupplied shipping box (with non-matching serial number), with label addressed to Roger Wagner in El Cajon, California. In fine cosmetic condition; operational condition untested. The Apple IIc, released in April 1984, was Apple Computer’s first endeavor to produce a portable computer—it was essentially a complete Apple II squeezed into a smaller housing, and the ‘c’ stood for ‘compact.’ The Apple IIc Plus was introduced on September 16, 1988, at the AppleFest conference in San Francisco, with a faster processor, smaller footprint, and a high-capacity 3½ disk drive. Prior to the release of the Apple IIc Plus, developers were sent pre-production machines with which to develop and test software. Starting Bid $200
6018. Apple-Produced 1978 Star Wars Game Cassette. Original Apple-produced Star Wars/Star Trek cassette tape game released in 1978 for the Apple II, featuring the unlicensed software “Starwars, P/N A2T0002X” and “Startrek, P/N A2T0002X.” This was the first Star Wars game ever released, casting the player as a ‘space pilot trainee’ who destroys TIE fighters using a firstperson heads-up display. The original Star Wars movie had been released only a year earlier, and Apple hoped to capitalize on the Skywalker-mania that gripped the nation. The inclusion of the Star Trek game made this cassette a grand unification of sci-fi fandom. In fine condition. Includes an image of Apple employee #8, Chris Espinosa, holding this exact tape. Starting Bid $250
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6019. Apple II and Macintosh Promotional Items. Appealing assortment of early Apple II promotional items first brought to the 1977 West Coast Computer Faire, including: a set of three Apple II order forms, a booklet of five mailing list applications, four Apple II Advance Order Information pamphlets, and a group of 19 Apple II brochures, with the front cover showing a red apple with the text: “Simplicity is the ultimate sophistication.” Also included is an Apple II suggested retail price list from February 1978, and three promotional items for the 1984 debut of the Macintosh personal computer: a “Meet the Apple 32 SuperMicros” brochure, an “If you can point, you can use a Macintosh” brochure, and an informational booklet with the cover text: “Of the 235 million people in America, only a fraction can use a computer.” In overall fine condition. Starting Bid $200
6020. Apple Macintosh 128K Comptuer. Original Apple Macintosh 128K computer from 1985, Model No. M0001, Serial No. F5183DJM0001W, with the FCC ID plate on the back, and the serial number label affixed underneath the front bezel. Includes its original box, power cable, Macintosh Mouse (M0100), Macintosh Keyboard (M0110), and six floppy disks. The computer is in fine cosmetic condition and appears to function; the box exhibits dampstaining and general wear. Read more about this computer at www.RRAuction.com. This item is from the personal computer-history collection of Roger Wagner and appears to be in working condition. Roger Wagner digitally signed a MacPaint document stored on the disks included with the machine, as seen in the photo. Starting Bid $200
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December 17, 2020
“This is the 500,000 Macintosh to roll off the line”— presented to Apple’s future chief operating officer
6021. 500,000th Macintosh Computer with Presentation Plaque to Del Yocam. Historic original Apple Macintosh 512K computer from 1985, Model No. M0001W, Serial No. F5383ZKM0001W, with a special engraved plaque on the back: “September 17, 1985, To: Del Yocam, This is the 500,000 Macintosh to roll off the line. Best Wishes, Manufacturing, Fremont, Calif.” The serial number label is affixed underneath the front bezel. The serial number indicates that this was the 4609th manufactured during the 38th week of 1985 in Fremont, CA. Introduced in September 1984, the Macintosh 512K represented an upgraded version of the Macintosh 128K, which had debuted at the beginning of the year. After selling 72,000 units in the first hundred days, Apple ramped up manufacturing capacity; however, early adopter sales did not accurately reflect mainstream public demand for the new computer, and it was not until March 1987 that the Macintosh reached one million sales. This unit—the 500,000th—came off the Fremont assembly line a year after the introduction of the Macintosh 512K. Includes the Macintosh Mouse (M0100) and keyboard (M0110) with original packaging; small “Macintosh” accessory box with original power cord, Hard Disk 20 Startup floppy disk, and keyboard cable; and original styrofoam packaging material. The computer is in fine cosmetic condition; operating condition untested. Del Yocam joined Apple Computer in 1979 as vice president of manufacturing and operations, overseeing the Apple II group. He became Apple’s first chief operating officer (COO) in 1986, remaining in that position for three years before becoming president of Apple Pacific. He retired from Apple on his tenth anniversary in 1989. Starting Bid $500
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Rare, early three-button Engelbart ‘X-Y’ mouse
6022. Douglas Engelbart Three-Button ‘X-Y’ Mouse. Rare, early three-button computer mouse designed by computer pioneer Douglas Engelbart, measuring approximately 4˝ x 2.75˝ x 2.5˝, which utilizes two metal discs (corresponding to the X-axis and Y-axis) on the bottom to locate the position of the cursor, rather than a ball or optical light that came to be used later. This example has the cord (which has been severed) in the front. In fine condition. This mouse was given to former InfoWorld editor, Logitech PR director, and photographer Serge Timacheff by Engelbart himself, and is accompanied by a detailed letter of provenance from Timacheff. In part: “While at Logitech, another industry visionary who consulted with the company was Douglas Engelbart, the inventor of the mouse. His original patent was filed in 1967 for an ‘X-Y Position Indicator for a Display System’ and introduced at the Stanford Research Institute (SRI) in Menlo Park, Calif….While I was at Logitech, Mr. [Pierluigi] Zappacosta gave Mr. Engelbart free office space in our Fremont, Calif. headquarters for his ‘Bootstrap Institute’ (later to be called the ‘Douglas Engelbart Institute’), a technology consulting firm. His offices were just a few doors down from mine, and he and I struck a friendship where we would frequently discuss pointing devices, I would get advice from him about our latest products, and we’d discuss and debate interesting topics about consumer technology. At that point, Logitech had already sold millions of mice, something he expressed to me as ‘astounding.’ During the course of our friendship, Mr. Engelbart appeared in my office one day with a gift: ‘I thought you might like to have one of my first mice,’ he said. The interesting thing about the mouse was more than the X-Y axis design (which later became a ball, and then replaced by laser/light), it was also that the original mouse had three buttons. This was something we were touting at the time in our Logitech devices, while many of the other manufacturers such as Microsoft and Apple deemed superfluous and felt one or at most two buttons would be all anyone ever needed; of course, today, mice have many buttons and features to allow a variety of macro and chording controls to aid in navigation and functionality. I’ve had the mouse on my desk ever since.” Steve Jobs had been introduced to the concept of the mouse (and the GUI) while touring Xerox PARC in 1979, and aimed to simplify and incorporate these intuitive features into Apple’s computers. The Xerox mouse cost $300 apiece, didn’t roll around smoothly, and had three buttons. Apple licensed Engelbart’s mouse patent from SRI for around $40,000, and Jobs recruited IDEO to bring the mouse to the masses, telling the design firm’s co-founder, Dean Hovey, that he wanted a simple single-button model that cost $15. Apple’s mouse was introduced with the expensive Lisa computer in 1983, but achieved fame and popularity when the more affordable Macintosh was released in 1984. Starting Bid $200
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December 17, 2020
Beautiful crystal award for Apple’s 20 birthday
6023. Apple 20th Anniversary Award. Rare and highly displayable 20th Anniversary Apple Award made by the Hoya Crystal Corporation of Tokyo, Japan in 1997. This gorgeous limited edition crystal award, which features a central, expertly cut Apple logo depression, measures 6.25 x 6.25 x 2.25 and weighs approximately 9 pounds. The award is accompanied by its original presentation box and slipcase, with Hoya ‘thank you’ card, instruction booklet, and metal plaque. In fine condition. This award was presented to customers in Japan who purchased the Twentieth Anniversary Macintosh (or ‘TAM’) personal computer when it was released in 1997 to mark Apple’s 20th birthday. The machine was a technological showcase of the day, boasting a number of features beyond simple computing, and with a price tag aimed at the ‘executive’ market. The TAM was only released in five countries: the United States, Japan, France, Germany, and the United Kingdom. Starting Bid $200
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6024. Apple Corp. Group of (33) Slides. Group of 33 original vintage circa 1980s color 35mm presentation slides, all marked with a brief caption and “Apple Computer, Inc.” The slides present a short, chronological history of the company, with especially noteworthy subjects including: the original Apple logo; an Apple I computer; the Byte Shop; Steve Jobs at the West Coast Computer Fair in 1977 introducing the Apple II; John Sculley introducing Apple IIc; Steve Jobs and John Sculley introducing the Macintosh; a still from the famed ‘1984’ Super Bowl ad; and Apple’s Bandley 1 facility. Other images represent various markets (e.g. “International,” “Consumer,” “K-12 Education,” “Desktop Publishing”) or portray various Apple executives. In overall fine condition. Starting Bid $200
6025. Steve Jobs Business Card. Original Apple Computer business card for Steve Jobs as chairman of the board, 3.5 x 2, featuring the company’s colorful rainbow logo. The card’s text reads: “Steven P. Jobs, Chairman of the Board, Apple Computer, Inc., 20525 Mariani Avenue, MS: 3K, Cupertino, California 95014, 408 973-2121 or 996-1010.” In fine condition. Starting Bid $200
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December 17, 2020
6026. Bill Gates Signed Photograph Signed. Color satin-finish 5 x 7 photo of the Microsoft founder, signed in black felt tip, “Bill Gates.” In very fine condition. Encapsulated in a PSA/DNA authentication holder. Starting Bid $200
Conditions of Sale ANYONE EITHER REGISTERING TO BID OR PLACING A BID (“BIDDER”) ACCEPTS THESE CONDITIONS OF SALE AND ENTERS INTO A LEGALLY, BINDING, ENFORCEABLE AGREEMENT WITH R&R AUCTION COMPANY OF MASSACHUSETTS, LLC (“RR AUCTION”) TOGETHER WITH BIDDER, THE “PARTIES”). This Agreement contains important provisions that control rights and liabilities, and specifically has provisions governing how disputes are handled as well as LIMITATIONS OF LIABILITY that can be imposed upon RR Auction, WAIVER OF JURY and ARBITRATION PROVISIONS. This acknowledgement is a material term of these Conditions of Sale and of the consideration under which RR Auction agrees to these terms. PLEASE READ CAREFULLY. The following terms and conditions (“Conditions of Sale”) constitute the sole terms and conditions under which RR Auction will offer for sale and sell the property on its website, and/or described in the catalog of items for auction (the “Catalog”). These Conditions of Sale constitute a binding agreement between the Parties with respect to the auction in which Bidder participates (the “Auction”). By bidding at the Auction, whether in person, through an agent or representative, by telephone, facsimile, online, absentee bid, or by any other form of bid or by any other means, Bidder acknowledges the thorough reading and understanding of all of these Conditions of Sale, all descriptions of items in the Catalog, and all matters incorporated herein by reference, and agrees to be fully bound thereby.
Section 1 The Parties1.1 RR Auction and Auction This Auction is presented by RR Auction, a d/b/a/ of R&R Auction Company of Massachusetts, LLC, as identified with the applicable licensing information on the title page of the Catalog or on the www.RRauction.com Internet site. The Auction is conducted under these Conditions of Sale. Announcements and corrections from the podium at live auctions and those made through the Conditions of Sale appearing on the Internet at RRauction.com supersede those in the printed Catalog. 1.2 Bidder Bidder shall mean the original Bidder on the property offered for sale by RR Auction and not any subsequent owner or other person who may acquire or have acquired an interest therein. If Bidder is an agent, the agency must be disclosed in writing to RR Auction prior to the time of sale, otherwise the benefits of the warranty shall be limited to the agent and not transferable to the undisclosed principal. The rights granted to Bidder under these Conditions of Sale are personal and may not be assigned or transferred to any other person or entity, whether by operation of law or otherwise without the express written assent of RR Auction. Bidder may not transfer, assign, or otherwise convey these Conditions of Sale or any of the rights herein, and such purported transfer, assignment, or conveyance shall be null and void. No third party may rely on any benefit or right conferred on any Bidder by these Conditions of Sale, and no third party is intended as a beneficiary of these Conditions of Sale. Bids will not be accepted from minor persons under eighteen (18) years of age without a parent or legal guardian’s written consent containing an acknowledgment of the Conditions of Sale herein and indicating their agreement to be bound thereby on behalf of the Bidder. All Bidders must meet RR Auction’s qualifications to bid. Any Bidder who is not a client in good standing of RR Auction may be disqualified at RR Auction’s sole option and will not be awarded lots. Such determination may be made by RR Auction in its sole and unlimited discretion, at any time prior to, during, or even after the close of the Auction. RR Auction reserves the right to exclude any person from the Auction. 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 and agrees to be bound by these Conditions of Sale in addition to company for whom the Bidder is acting By accepting the Conditions of Sale, Bidder personally and unconditionally guarantees payment. Section 2 Bidding Privileges 2.1 In order to place bids, Bidders who have not established an account with RR Auction must either furnish satisfactory credit information (including two collectibles-related business references) or supply additional information if requested,
well in advance of the Auction. Bidders who are not members of RRAuction.com should pre-register before the close of the Auction to allow adequate time to contact references. Privileges will be granted at the sole discretion of RR Auction. Additionally, Bidders who have not previously established credit or who wish to bid in excess of their established credit history may be required to provide a cash deposit prior to RR Auction’s acceptance of a bid. Check writing privileges and immediate delivery of merchandise may also be determined by pre-approval of credit based on a combination of criteria: RRAuction.com history, related industry references, bank verification, a credit bureau report and/or a personal guarantee for a corporate or partnership entity in advance of the Auction venue. 2.2 Bidder providing any false or misleading information provided in connection with the registration shall be a material breach of the Conditions of Sale and in addition to any other remedies at law shall excuse RR Auction from performance under these Conditions of Sale, including the right to any refund. 2.2 Bidding privileges may be revoked without notice, for any reason, at the sole discretion of RR Auction . Section 3 Buyer’s Premium 3.1 The Bidder acknowledges and agrees that a 25% buyer’s premium will be added to the hammer price on all individual lots sold in timed and live Auctions. Buyer’s premium for our Sports Auctions is 20%. For payment other than by cash, delivery will not be made unless and until full payment has been received by RR Auction, i.e., check or wired funds have fully cleared. Unless otherwise agreed in writing, signed by RR Auction, payment in full is due within thirteen (13) calendar days of the Auction or within twelve (12) calendar days of the invoice date, whichever is earlier. Bidder’s failure to pay any payment in full when due required shall constitute a material breach, and in addition to other damages available under contract or law, at RR Auction’s election, RR Auction may cancel the sale and require full premium still be due along with interest at 1.5% per month from the date of breach, or at the maximum legally allowable rate. Section 4 Bidding 4.1 Each Bidder’s determination of its bid should be based upon its own examination of the item(s) and independent investigation, rather than the any reliance as to what is represented in the Catalog, online or elsewhere. Bidder affirms that it regards any statements made by RR Auction concerning the item as solely opinion and that Bidder is making its own inspection and independent evaluation of the goods, and is not relying upon any description or statements by RR Auction (including as to quality, authenticity, provenance, ownership, liens existing, on goods legality, or value) in making its determination to bid on or purchase an item. In any purchase or sale, the value of the item(s) is determined by the price. THE BIDDER HEREBY ASSUMES ALL RISKS CONCERNING ANY AND ALL PURCHASES TO THE FULLEST EXTENT UNDER APPLICABLE LAW. 4.2 RR AUCTION IS NOT RESPONSIBLE FOR ERRORS IN BIDDING. A Bidder should make certain to bid on the correct lot and that the bid is the maximum (plus the Buyer’s Premium) that the Bidder is willing and able to pay. Since other Bidders (by mail, facsimile, online, and in person) will be present, and since a reoffering could damage the momentum of the sale, once the hammer has fallen and RR Auction has announced the winning Bidder, such Bidder is unconditionally bound to pay for the lot, even if the Bidder has made a mistake. 4.3 All prospective Bidders who examine lots in person prior to the sale shall personally assume all responsibility for any damage they cause in so doing. RR Auction shall have sole discretion in determining the value of the damage caused, which shall be promptly paid by the prospective Bidder. 4.4 Title to any lot remains with Consignor, any secured party of the Consignor, or assignee of Consignor, as the case may be, until the lot is paid for in full by Bidder and Bidder has fully satisfied any outstanding financial obligations to RR Auction (including as it concerns aby other lots). RR Auction reserves the right to require payment in full before delivering any lot to the successful Bidder. 4.5 It is the Bidder’s responsibility and obligation to have the lots fully insured while in their possession. Bidder assumes any and all risk of loss upon the earlier of shipment to Bidder or in Bidder’s possession. 4.6 Bidder grants to RR Auction or its assigns the right to offset any sums due, or found to be due by RR Auction, and to make such offset from any past, subsequent or future consignment, or items acquired by Bidder in possession or control of RR Auction or from any sums due to Bidder by RR Auction. Bidder further grants RR Auction a lien consisting of a senior security interest (or purchase money security interest to the extent applicable) in such sums or items to the fullest extent applicable, authorizes RR Auction to file documents concerning the interest, and Bidder agrees to execute any further documents as may be reason-
ably necessary to grant RR Auction such security interest. Bidder agrees that RR Auction and its assigns shall be a secured party with respect to items bought by Bidder and in the possession of RR Auction, to the extent of the maximum indebtedness, plus all accrued fees and expenses, until the indebtedness is paid. 4.7 By bidding in this sale, Bidder personally and unconditionally guarantees payment. The authorized representative of any corporate Bidder who is present at the sale shall provide RR Auction or its agent, prior to the commencement of the bidding (or at the time of registration), with a statement signed by a principal, director or officer that they he or she personally and unconditionally guarantees any payment due RR Auction. 4.8 RR Auction may at its sole and absolute discretion, make loans or advances to Consignors and/or prospective Bidders. Section 5 Bidding Options 5.1 Non-Internet bids (including but not limited to in-person, facsimile, phone and mail bids) are treated similarly to floor bids in that they must be on-increment. Any in-person, facsimile, phone, or mail bids that do not conform to a full increment will be rounded up or down to the nearest full increment and this revised amount will be considered Bidder’s high bid. 5.2 When identical bids are submitted, preference is given to the first received. To ensure the greatest accuracy, written bids should be entered on the standard printed bid sheet and be received at RR Auction’s place of business at least twenty-four (24) hours before the Auction start. RR Auction is not responsible for executing mail bids or facsimile bids received on or after the day the first lot is sold, nor Internet bids submitted after the published closing time; nor is RR Auction responsible for proper execution of bids submitted by telephone, mail, facsimile, e-mail, Internet, or in person once the Auction begins. 5.3 In all Auctions, bids on an item must raise the current high bid by at least 10%, or as specified on a per-Auction basis. Bids will be accepted in whole dollar amounts only. No “buy” or “unlimited” bids will be accepted. In a live sale, bids on an item can change at the discretion of RR Auction. 5.4 RR Auction reserves the right to accept or decline any bid. Bids must be for an entire lot and each lot constitutes a separate sale. All bids are per lot unless otherwise announced. Live auction lots will be sold in their numbered sequence unless RR Auction directs otherwise. It is unlawful and illegal for Bidders to collude, pool, or agree with another Bidder to pay less than the fair value for lot(s). For live auctions, RR Auction will have final discretion in the event that any dispute should arise between Bidders. RR Auction will determine the successful Bidder, cancel the sale, or re-offer and resell the lot or lots in dispute. RR Auction will have final discretion to resolve any disputes arising after the sale and in online auctions. If any dispute arises, RR Auction’s sale record is conclusive. Section 6 Payment
calendar day hold, and ten (10) business days when drawn on an international bank. Clients with pre-arranged credit status may receive immediate credit for payments via e-Check, personal or corporate checks. 6.5 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. If Bidder attempts to pay via check and the financial institution denies the transfer from Bidder’s bank account, or the payment cannot be completed using the selected funding source, Bidder agrees to complete payment. 6.7 If RR Auction refers any unpaid invoice to an attorney for collection, the Bidder agrees to pay and shall be liable for RR Auction’s attorney’s fees, court costs, and other collection costs incurred by RR Auction in addition to the invoice amount and interest the greater of 1.5% per month or at the maximum legally allowable rate from date of invoice to collection. If RR Auction assigns collection to its house counsel, such attorney’s time expended on the matter shall be compensated at a rate comparable to the hourly rate of independent attorneys. 6.8 RR Auction shall have a lien against the merchandise purchased by the Bidder (as well as to the extent it is a consignor any other monies owed or due to Bidder) to secure payment of the Auction invoice. RR Auction is further granted a lien and the right to retain possession of any other property of the Bidder then held by RR Auction or its affiliates to secure payment of any Auction invoice or any other amounts due RR Auction or affiliates from the Bidder. With respect to these lien rights, RR Auction shall have all the rights of a secured creditor, including but not limited to the right of sale. In addition, with respect to payment of the Auction invoice(s), the Bidder waives any and all rights of offset he might otherwise have against RR Auction and the consignor of the merchandise included on the invoice (the Consignor”). If a Bidder owes RR Auction or its affiliates on any account, RR Auction 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. 6.9 All checks, cashiers checks, bank checks, or money orders are payable to R&R Auction Company of Massachusetts, LLC. RR Auction clients with an invoice totaling $1,000 or under will have the option to pay by VISA, Mastercard, Discover or Paypal. All Paypal payments must be sent to FinanceDepartment@ rrauction.com. Authorize.net, a third-party service provider contracted by RR Auction for processing on-line payments, charges a nonrefundable service fee of 3%, which will be added to your final invoice should you pay by credit/debit card. Section 7 Sales Tax RR Auction is a remote seller and we are now required to collect Sales/Use Tax from our bidders. The states that we have nexus in we will be required to collect and remit sales tax on your behalf. Each state has different requirements to meet nexus. When RR Auction has achieved a certain monetary and/or invoice threshold in each state we will apply sales tax to your total invoice. Please go to our terms on our website to see the states that are affected.
6.1 Subject to fulfillment of all of the Conditions of Sale set forth herein, upon the sooner of (1) the passing of title to the offered lot pursuant to these Conditions of Sale, or (2) possession of the offered lot by the Bidder, Bidder thereupon (a) assumes full risk and responsibility (including without limitation, liability for or damage to frames or glass covering prints, paintings, photos, or other works), and (b) will immediately pay the full purchase price or such part as RR Auction may require. In addition to other remedies available to RR Auction by law, RR Auction reserves the right to impose from the date of sale a late charge of 1.5% per month of the total purchase price if payment is not made in accordance with the conditions set forth herein. All property must be removed from RR Auction’s premises by the Bidder at his/her expense not later than sixty (60) business days following its sale and, if it is not so removed, RR Auction may send the purchased property to a public warehouse for the account, at the risk and expense of the Bidder.
If we have not achieved nexus in a particular state it is still your responsibility to pay sales tax on your purchases.
6.2 Payment is due upon closing of the Auction session, or upon presentment of an invoice. RR Auction reserves the right to void an invoice if payment in full is not received within thirteen (13) calendar days of the Auction or within twelve (12) calendar days of the invoice date. In cases of nonpayment, RR Auction’s election to void a sale does not relieve the Bidder from their obligation to pay RR Auction its fees (seller’s and Buyer’s Premium) on the lot and any other damages pertaining to the lot.
If you have a resale number please email Sue@RRAuction.com or fax to (603) 732-4288 a copy of your state resale certificate and you will be exempt from paying sales tax.
6.3 All sales for total invoices greater than $1,000 are strictly for cash in United States dollars (including U.S. currency, bank wire, cashier checks, eChecks, and bank money orders), and are subject to all reporting requirements. 6.4 All deliveries are subject to good funds; funds being received in RR Auction’s account before delivery of the Purchases; and all payments are subject to a clearing period. RR Auction reserves the right to determine if a check constitutes “good funds”: checks drawn on a U.S. bank are subject to a ten (10)
The sales tax rate is determined by the State, Country, and City where purchases are shipped to. If you decide to pick up your purchases at our New Hampshire location you will not be required to pay sales tax. The State of New Hampshire does not have a general sales and use tax. All purchases picked up at our Massachusetts location will be taxed at the current rate of 6.25%. Pennsylvania sales or use tax may be due in connection with the purchase and delivery of tangible personal property to Pennsylvania individuals and businesses. The purchaser is required to file a use tax return if tax is due in connection with the purchase and delivery in the Commonwealth. This notice is required pursuant to the provisions of the Tax Reform Code of 1971. 72 P.S. ¤ 7213.2.
Section 8 Delivery; Shipping; and Handling Charges Bidder is liable for shipping and handling and providing accurate information as to shipping or delivery locations and arranging for such. RR Auction is unable to combine purchases from other auctions or affiliates into one package for shipping purposes. Lots won will be shipped in a commercially reasonable time after payment in good funds for the merchandise and the shipping fees is received or credit extended, except when third-party shipment occurs. Bidder agrees that service and handling charges related to shipping items which are not pre-paid may be charged to a credit card on file with RR Auction.
Successful international Bidders shall provide written shipping instructions, including specified Customs declarations, to RR Auction for any lots to be delivered outside of the United States. NOTE: Declaration value shall be the item’(s) hammer price and RR Auction shall use the correct harmonized code for the lot. Domestic Bidders on lots designated for third-party shipment must designate the common carrier, accept risk of loss, and prepay shipping costs. Section 9 Title Title shall not pass to the successful Bidder until all invoices of Bidder (including those pertaining to the item(s) at issue) and amounts owed to RR Auction are paid in full. It is the responsibility of the Bidder to provide adequate insurance coverage for the items once they have been delivered to a common carrier or third-party shipper. Section 10 Rights Reserved RR Auction reserves the right, at any time before, during or after an auction has ended to: withdraw any lot before or at the time of the Auction, cancel any bid, and/or to postpone the Auction of all or any lots or parts thereof, for any reason. RR Auction shall not be liable to any Bidder in the event of such withdrawal, cancellation, or postponement under any circumstances. RR Auction reserves the right to refuse to accept bids from anyone at any time. Section 11 Conducting the Auction 11.1 RR Auction reserves the right to postpone the Auction or any session thereof for a reasonable period of time for any reason whatsoever, and no Bidder or prospective Bidder shall have any claim as a result thereof, including consequential damages. 11.2 RR Auction’s Discretion: RR Auction shall determine opening bids and bidding increments. RR Auction has the right in its absolute discretion to reject any bid in the event of dispute between Bidders or if RR Auction has doubt as to the validity of any bid, to advance the bidding at its absolute discretion and to determine the successful Bidder in the event of a dispute between Bidders, to continue the bidding or to reoffer and resell the lot in question. In the event of a dispute after the sale, RR Auctions record of final sale shall be conclusive. RR Auction also may reject any bid if RR Auction decides either that any bid is below the reserve of the lot or article or that an advance is insufficient. Unless otherwise announced by RR Auction at the time of sale, no lots may be divided for the purpose of sale. 11.3 Reserves Lots may be subject to a reserve which is the confidential minimum price below which the lot will not be sold. Consignors may not bid on their own lots or property. RR Auction may, from time to time, bid on items that it does not own. RR Auction may execute bids consecutively or otherwise up to one bid increment below the reserve. 11.4 Off-Site Bidding Bidding by telephone, facsimile, online, or absentee bidding (advance written bids submitted by mail) are offered solely as a convenience and permitted subject to advance arrangements, availability, and RR Auction’s approval which shall be exercised at RR Auction’s sole discretion. Neither RR Auction nor its agents or employees shall be held liable for the failure to execute bids or for errors relating to any transmission or execution thereof. In order to be considered for off-site bidding in any manner, Bidders must comply with all of these Conditions of Sale and the terms contained on the Registration Form. 11.5 Estimate Prices: In addition to descriptive information, each item in the Catalog sometimes includes a price range which reflects opinion as to the price expected at auction (the “Estimate Prices”). In other instances, Estimate Prices can be obtained by calling RR Auction at (603) 732-4280. The Estimate Prices are based upon various factors including prices recently paid at auction for comparable property, condition, rarity, quality, history and provenance. Estimate Prices are prepared well in advance of the sale and subject to revision. Estimates do not include the Buyer’s Premium or sales tax (see under separate heading). 11.6 Owned or Guaranteed Property: RR Auction generally offers property consigned by others for sale at public auction; in very limited occasion, lots are offered that are the property of RR Auction. 11.7 Before the Auction: Bidder may attend pre-sale viewing for all of RR Auction’s auctions at no charge. All property to be auctioned is usually on view for several days prior to the sale.
Bidder is encouraged to examine lots thoroughly. Bidder may also request condition reports (see below). RR Auction’s staff are available at viewings and by appointment. 11.8 Maximum Bids In All Auctions: To maximize Bidder’s chance of winning, RR Auction strongly encourages the use of maximum bids. RR Auction will then bid for Bidder until the lot reaches Bidder’s specified maximum. Maximum bids are strictly confidential. Placing arbitrary, non-incremental bids on lots with prior maximum bids may result in these lots being sold for less than 10% above the under Bidder’s bid. 11.9 Successful Bids: The fall of RR Auction’s hammer indicates the final bid. RR Auction will record the paddle number of the Bidder. If Bidder’s salesroom or absentee bid is successful, Bidder will be notified after the sale by mailed or emailed invoice. 11.10 Unsold Lots: If a lot does not reach the reserve, it is bought-in. In other words, it remains unsold and is returned to the Consignor. RR Auction has the right to sell certain unsold items after the close of the Auction. Such lots shall be considered sold during the Auction and all these Terms and Conditions shall apply to such sales including but not limited to the Buyer’s Premium, return rights, and disclaimers. 11.11 Bidding in Timed Auction: Bidder may open, monitor, and/or raise bids at any time before the close of a lot through www.rrauction.com. RR Auction offers a callback service the day of the Auction, but Bidder is responsible for supplying a correct telephone number(s) where Bidder can be reached until the Auction closes. Bidder must request this service in writing. RR Auction will make reasonable efforts to ensure that Bidders who request a callback are contacted if outbid; however, RR Auction does not guarantee this service and it is merely a courtesy and not an enforceable right. The auctioneer may also execute a bid on behalf of the consignor to protect the reserve, either by entering a bid in response to salesroom, telephone or absentee bids. Under no circumstances will the auctioneer place any bid on behalf of the consignor above the reserve. The auctioneer will not specifically identify bids placed on behalf of the consignor to protect the reserve. To ensure proper registration, those Bidders intending to bid via the Internet must visit www.RRauction.com and register accordingly at least one full day prior to the actual auction. Winning bidders will be notified by RR Auction. RR Auction is not responsible or liable for any problems, delays, or any other issues or problems resulting out of use of the Internet generally or specifically, including but not limited to transmission, execution or processing of bids. Any Bidder may bid on any lot prior to 6 pm EST/EDT. At that time, an extended bidding period goes into effect. If Bidder has not bid on a lot before 6 pm EST/ EDT, Bidder may not bid on that lot after 6 pm EST/EDT. Only those Bidders who have placed bids on a lot before 6 pm EST/EDT will be allowed to bid on that lot after 6 pm EST/EDT. If Bidder is the only Bidder on a lot at 6 pm EST/ EDT, that lot is awarded to Bidder. During the extended bidding period, a lot will remain open only to those who bid on that lot prior to 6 pm EST/EDT. All lots WITHOUT an opening bid at 6 pm EST/EDT will remain OPEN to ALL Bidders until 7 pm EST/EDT or until they receive their first bid. These lots will close immediately upon receipt of a bid or at 7 pm EST/EDT, whichever comes first. For all lots that are active after 7 pm EST/EDT, bidding will remain open until 30 minutes pass without a bid being placed on THAT lot (the “30 Minute Rule”). The 30 Minute Rule is applied on a PER LOT BASIS; each lot in the Auction closes individually based on bidding activity after 7 pm EST/EDT. On a PER LOT BASIS, the 30 minute timer will reset each time a bid is placed after 7 pm EST/EDT. If Bidder is the high Bidder, raising Bidder’s maximum bid will NOT reset the timer. RR Auction reserves the right to close the Auction at any time at its sole discretion. 11.12 Bidding - Internet Live Auction: Bidder may open, monitor, and/or raise bids at any time before the close of a lot through www.rrauction.com. RR Auction offers a callback service the day of the Auction, but Bidder is responsible for supplying a correct telephone number(s) where Bidder can be reached until the Auction closes. Bidder must request this service in writing. RR Auction will make reasonable efforts to ensure that Bidders who request a callback are contacted if outbid; however, RR Auction does not guarantee this service and it is merely a courtesy and not an enforceable right. To ensure proper registration, those Bidders intending to bid via the Internet must visit www.RRauction.com and register accordingly at least one full day prior to the actual auction. Winning bidders will be notified by RR Auction. RR Auction is not responsible or liable for any problems, delays, or any other issues or problems resulting out of use of the Internet generally or specifically, including but not limited to transmission, execution or processing of bids. During live internet or live auction, property is auctioned in consecutive numerical order, as it appears in the catalog. The auctioneer will accept bids from those present in the salesroom or absentee bidders participating by telephone, internet or by written bid left with RR Auction in advance of the auction. The
auctioneer may also execute a bid or bids (successively or otherwise) on behalf of the consignor to protect the reserve, either by entering a bid in response to salesroom, telephone or absentee bids. Under no circumstances will the auctioneer place any bid on behalf of the consignor above the reserve. The auctioneer will not specifically identify bids placed on behalf of the consignor to protect the reserve. All auctions for lots are with reserve unless specifically stated otherwise. During live Auctions, internet bids can be placed in real time through one or more of the following Third Party services: www.liveauctioneers.com, www.invaluable. com and www.icollector.com. RR Auction is not responsible or liable for any problems, delays, or any other issues or problems resulting out of use of the Internet generally or specifically, including but not limited to transmission, execution or processing of bids. RR Auction treats any third-party site bids as floor or telephone bids. Floor bids and telephone bids are always considered first over third party sites bids, and floor bids are considered earlier than telephone bids. All RR Auction lots purchased through the third-party sites carry an additional Buyer’s Premium. 11.13 Miscellaneous: Agreements between Bidders and Consignors to effectuate a non-sale of an item at Auction, inhibit bidding on a consigned item to enter into a private sale agreement for said item, or to utilize RR Auction’s Auction to obtain sales for non-selling consigned items subsequent to the Auction, are strictly prohibited. If a subsequent sale of a previously consigned item occurs in violation of this provision, RR Auction reserves the right to charge Bidder the applicable Buyer’s Premium and Consignor a Seller’s Commission as determined for each auction venue and by the terms of the seller’s agreement. Acceptance of these Terms and Conditions qualifies Bidder as a client who has consented to be contacted by RR Auction in the future. In conformity with ”donot-call” regulations promulgated by the Federal or State regulatory agencies, participation by the Bidder is affirmative consent to being contacted at the phone number shown in his application and this consent shall remain in effect until it is revoked in writing. RR Auction may from time to time contact Bidder concerning sale, purchase, and auction opportunities available.
13.1 RR Auction does not provide any warranties to Bidders, whether expressed or implied, beyond those expressly provided in these Conditions of Sale. All property and lots are sold ”as is” and “where is”. By way of illustration rather than limitation, neither RR Auction nor the Consignor makes any representation or warranty, expressed or implied, as to merchantability or fitness for intended use, condition of the property (including any condition report), correctness of description, origin, measurement, quality, rarity, importance, exhibition, relevance, attribution, source, provenance, date, authorship, condition, culture, genuineness, value, or period of the property. Additionally, neither RR Auction nor the Consignor makes any representation or warranty, expressed or implied, as to whether the Bidder acquires rights in copyright, trademark, or other intellectual property (including exhibition or reproduction rights) related to the item, or whether the property is subject to any limitations or other rights. RR Auction does not make any representation or warranty as to title. 13.2 All descriptions, photographs, illustrations, and terminology including but not limited to words describing condition (including any condition reports requested by Bidder, see also Terminology), authorship, period, culture, source, origin, measurement, quality, rarity, provenance, importance, exhibition, and relevance, used in the Catalog, bill of sale, invoice, or anywhere else, represent a good faith effort made by RR Auction to fairly represent the lots and property offered for sale as to origin, date, condition, and other information contained therein; they are statements of opinion only. They are not representations or warranties and Bidder agrees and acknowledges that he or she shall not rely on them in determining whether or not to bid or for what price. Price estimates (which are determined well in advance of the Auction and are therefore subject to revision) and condition reports are provided solely as a convenience to Bidders and are not intended nor shall they be relied on by Bidders as statements, representations or warranties of actual value or predictions of final bid prices. 13.3 Bidders are accorded the opportunity to inspect the lots and to otherwise satisfy themselves as to the nature and sufficiency of each lot prior to bidding, and RR Auction urges Bidders to avail themselves accordingly.
11.14 Rules of Construction: RR Auction presents properties in a number of collectible fields, and as such, specific venues have promulgated supplemental Terms and Conditions. Nothing herein shall be construed to waive the general Conditions of Sale by these additional rules and shall be construed to give force and effect to the rules in their entirety.
13.4 All lots sold by RR Auction are accompanied by an Auction Certificate (“AC”). On any lot presented with an AC issued by RR Auction, the certification is only as to its attribution to the person or entity described or to the lot’s usage and only as explicitly stated therein (the “AC”), to the exclusion of any other warranties, express or implied, including but not limited to those pursuant to the Uniform Commercial Code. The AC inures only to the original Bidder (as shown in RR Auction’s records). Bidder may not transfer, assign, or otherwise convey the AC and such purported transfer, assignment, or conveyance shall be null and void.
Section 12 RR Auction’s Remedies
Section 14 Firearms
Failure of the Bidder to comply with any of these Conditions of Sale or the terms of the Registration Form is an event of material breach or default. In such event, RR Auction may, in addition to any other available remedies specifically including the right to hold the defaulting Bidder liable for the Purchase Price or to charge and collect from the defaulting Bidder’s credit or debit accounts as provided for elsewhere herein: (a) cancel the sale, retaining any payment made by the Bidder as damages (the Bidder understands and acknowledges that RR Auction will be substantially damaged should such default occur, and that damages under subpart (a) are necessary to compensate RR Auction for such damages); (b) resell the property without reserve at public auction or privately; (c) charge the Bidder interest on the Purchase Price at the rate of one and one-half percent (1.5%) per month or the highest allowable interest rate; (d) take any other action that RR Auction, in its sole discretion, deems necessary or appropriate to preserve and protect RR Auction’s rights and remedies. Should RR Auction resell the property, the original defaulting Bidder shall be liable for the payment of any deficiency in the purchase price and all costs and expenses associated there with, including but not limited to warehousing, sales-related expenses, reasonable attorney fees and court costs, commissions, incidental damages and any other charges due hereunder which were not collected or collectable. In the event that such Bidder is the successful Bidder on more than one lot and pays less than the purchase price for the total lots purchased, RR Auction shall apply the payment received to such lot or lots that RR Auction, in its sole discretion, deems appropriate. If RR Auction does not exercise such discretion, the lots to which the payment shall be applied will be in descending order from the highest purchase price to the lowest. Any Bidder failing to comply with these Conditions of Sale shall be deemed to have granted RR Auction a security interest in, and RR Auction may retain as collateral such security for such Bidder’s obligations to RR Auction, any Bidder’s property in RR Auction’s possession or to which title has not yet passed to Bidder. RR Auction shall have the benefit of all rights of a secured party under the Uniform Commercial Code (U.C.C.) as adopted by the Commonwealth of Massachusetts.
RR Auction complies with all Federal and State rules and regulations relating to the purchasing, registration and shipping of firearms. A Bidder is required to provide appropriate documents and the payment of associated fees, if any. Bidder is responsible for providing a shipping address that is suitable for the receipt of a firearm.
Section 13 Warranties
Section 15 Unauthorized Statements Under no circumstances is any employee, agent or representative of RR Auction authorized by RR Auction to modify, amend, waive or contradict any of these Conditions of Sale, any term or condition set forth on a registration form, any warranty or limitation or exclusion of warranty, any term or condition in either the Registration Form or these Terms and Conditions regarding payment requirements, including but not limited to due date, manner of payment, and what constitutes payment in full, or any other term or condition contained in any documents issued by RR Auction unless such modification, amendment, waiver or contradiction is contained in a writing signed by all parties. Any statements, oral or written, made by employees, agents or representatives of RR Auction to Bidder, including statements regarding specific lots, even if such employee, agent or representative represents that such statement is authorized, unless reduced to a writing signed Bidder and by an authorized officer of RR Auction by all parties, are statements of personal opinion only and are not binding on RR Auction, and under no circumstances shall be relied upon by Bidder as a statement, representation or warranty of RR Auction. Section 16 Bidder’s Remedies 16.1 Except as stated expressly herein, Bidder’s sole and exclusive remedy related to or pertaining to items it bids upon, views, or purchases from RR Auction, and any claims by Bidder related to authenticity, ownership, condition, title or value, shall be against Consignor only.
16.2 This section sets forth the sole and exclusive remedies of Bidder as against RR Auction (inclusive of its affiliates, officers, managers, employees or agents), or in any way arising out of, related to, or in connection with these Conditions of Sale, , and is expressly in lieu of any other rights or remedies which might be available to Bidder by law. Time is of the essence with respect to these procedures. 16.3 Title to Items The Bidder hereby accepts the benefit of the Consignor’s warranty of title and any other representations and warranties made by the Consignor for the Bidder’s benefit. In the event that Bidder demonstrates in writing, satisfactory to the sole discretion of RR Auction, that there was a breach of the Consignor’s warranty of title concerning a lot purchased by Bidder, RR Auction may make demand upon the Consignor to pay to Bidder the Purchase Price (including any premiums, taxes, or other amounts paid or due to RR Auction). Should the Consignor not pay the Purchase Price to Bidder within thirty days after such demand (if any made), RR Auction may disclose the identity of the Consignor to Bidder and may assign to Bidder all or some of RR Auction’s rights against the Consignor with respect to such lot or property. Upon such disclosure and/or assignment, all responsibility and liability of RR Auction, if any, with respect to said lot or item shall automatically terminate related to or arising from these Conditions of Sale or such transaction operating as a complete waiver and general release by Bidder as to RR Auction and its agents, contractors, and affiliates, as to any and all claims concerning or related to the item, if any . RR Auction shall be entitled to retain the premiums and other amounts paid to RR Auction by Consignor only. The rights and remedies provided herein are for the original Bidder only and they may not be assigned or relied upon by any transferee or assignee under any circumstances. 16.4 Authenticity Challenge Process (1) If Bidder wishes to dispute or challenge the Authenticity of the lot or item (including asserting that it is incorrect), Bidder must adhere to the following procedure: Within 30 days of the Auction Date, Bidder must present written evidence to RR Auction, that the lot is not authentic as determined by a known expert in the field (and one recognized by RR Auction within its discretion) and send the physical item or lot at issue to RR Auction along with all evidence relied upon by Bidder for contesting the Authenticity. (“Authenticity Challenge Process”) “Authenticity” shall mean a gross discrepancy in the between the description, genuiness, or attribution of the item as represented by RR Auction in the Catalog or at the auction, and the item. If RR Auction concurs that the lot is not Authentic as was represented (it is sole discretion), Bidder’s sole and exclusive remedy as against RR Auction (inclusive of its affiliates, agents, employees, and contractors) shall be a refund of the purchase price of the subject item paid by Bidder, with no other costs, liabilities or amounts recoverable by Bidder. If RR Auction does not agree with the assertion by Bidder, then the Parties shall follow the dispute resolution procedures of these Conditions of Sale. Strict adherence to the Authenticity Challenge Process is a condition of standing for Bidder to initiate suit or claim. (2) So long as Bidder has complied with the Authenticity Challenge Process, any claim, suit or action, by Bidder concerning an AC or Certification of Authenticity, or related to the authenticity of the item must, without any exception, be brought within one (1) year of Auction Date and is subject to the other limitations and conditions stated in the Conditions of Sale. 16.5 Other Issues. Any dispute or claim by Bidder against RR Auction (or its affiliates, directors, employees, officers, agents, or contractors)) other than Authenticity, concerning any item or lot bid upon, or purchased, including value, title, condition, bidding process, or description must be asserted (if at all) in the following manner: (1) If the description of any lot in the Catalog is materially or grossly incorrect (e.g., gross cataloging error), or there is any other gross material issue pertaining to the item or lot, the item or lot may be returned if returned within five (5) calendar days of receipt, and received by RR Auction no later than twenty-one (21) calendar days after the Auction Date with explanation in writing.. If there is any discrepancy between the description in the Catalog and a certificate of auction, then the description in the certificate of auction (“Lot Challenge Process”). This paragraph shall constitute Bidder’s sole right with respect to the return of items, and no refunds shall be given for any items not returned to and received by RR Auction within the period of time stated herein or not materially or grossly in deviation from the description. Such a refund is subject to RR Auction’s sole discretionary review, and any request for refund must be made concurrently with returning the physical item or lot to RR Auction. Any item not returned within said frame will constitute acceptance of the item and a waiver and release of any and all claims by Bidder pertaining to the item other than with respect to authenticity; and
(2) Provided that the Bidder has engaged in the Lot Challenge Process, any claim concerning such must be brought no later than one (1) year of the Auction Date for the item or lot at issue and is subject to the other limitations and conditions stated in the Conditions of Sale. NO RETURN OR REFUND OF ANY AUCTION LOT WILL BE CONSIDERED OR PROVIDED EXCEPT AS PROVIDED IN THESE CONDITIONS OF SALE AND BIDDERS OR AS MAY BE REQUIRED BY LAW. FAILURE TO COMPLY WITH SUCH SHALL BE A COMPLETE DEFENSE TO ANY CLAIMS BY BIDDER RELATED TO THE CONDITIONS OF SALE, ANY AUCTION OR BID. 16.6 LIMITATION OF LIABILITY. For any and all claims by Bidder arising out of or related to this Agreement, Bidder’s viewing, bid, or purchase of items, or any agreement between the Parties, or otherwise, Bidder agrees that to the fullest extent such can be limited under the law, Bidder shall have no right to recover and hereby waives any and all rights to recover from against RR Auction or its affiliates, directors, employees, officers, agents, or contractors, consequential or indirect damages, lost profits damages, punitive, exemplary, statutory (or multiplier damages), physical or emotional distress damages, general or special damages of any kind (beyond amounts actually paid by Bidder for item(s) at issue), and in the event of recovery of any damages whatsoever, such shall be limited by the amounts actually paid by Bidder to RR Auction for the item(s) at issue in such claim, or if no money was paid to RR Auction by Bidder for items at issue, or there items are at issue, the amount of $150.00. Section 17 RR Auction’s Additional Services For Bidders who do not remove purchased property from RR Auction’s premises, RR Auction, in its sole discretion and solely as a service and accommodation to Bidders, may arrange to have purchased lots packed, insured and forwarded at the sole request, expense, and risk of Bidder. RR Auction assumes no and disclaims all responsibility and liability for acts or omissions in such packing or shipping by RR Auction or other packers and carriers, whether or not recommended by RR Auction. RR Auction assumes no and disclaims all responsibility and liability for damage to frames, glass or other breakable items. Where RR Auction arranges and bills for such services via invoice, RR Auction will include an administration charge. Section 18 Headings Headings are for convenience only and shall not be used to interpret the substantive sections to which they refer. Section 19 Entire Agreement Except to the extent Bidder is also a consignor (in which case the terms of the consignment agreement shall also govern), these Conditions of Sale constitute the entire agreement between the Parties together with the terms and conditions contained in the auction Registration Form. They may not be amended, modified or superseded except in a signed writing executed by all parties. No oral or written statement by anyone employed by RR Auction or acting as agent or representative of RR Auction may amend, modify, waive or supersede the terms herein unless such amendment, waiver or modification is contained in a writing signed by all parties. If any section of these Conditions of Sale or any term or provision of any section is held to be invalid, void, or unenforceable by any court or arbitrator of competent jurisdiction, the remaining parts of the agreement and remainder of the sections or terms and provisions of the section and all sections shall continue in full force and effect without being impaired or invalidated in any way. Section 20 Governing Law and Enforcement 20.1 The Parties agree that all agreements between the Parties including but not limited to these Conditions of Sale are entered into in Boston, Massachusetts, no matter where Bidder is situated and no matter by what means or where Bidder was informed of the Auction and regardless of whether catalogs, materials, or other communications were received by Bidder in another location. 20.2 The Parties agree that these Conditions of Sale, any other related agreement(s), along with all claims between the Parties, including those arising out of or related to such are governed by the laws of the Commonwealth of Massachusetts, without regard for its conflict of laws principles. The Parties agree that any dispute between the Parties, including but not limited to those related to or arising out of these Conditions of Sale, or related to or arising out of any other related agreement(s) shall be submitted to confidential binding arbitration (the
”Arbitration”) before a single Arbitrator of the American Arbitration Association (the “AAA”) The Parties agree that the Arbitration shall be conducted pursuant to the commercial rules of the AAA in Boston, Massachusetts, unless the Consumer Arbitration Rules apply, in which case, such rules and venue will govern. In the event that the Parties cannot agree on the selection of the Arbitrator, then the Arbitrator shall be selected by the AAA. The prevailing Party in the Arbitration shall also recover all of its related fees and costs, whether before or after the formal institution of the Arbitration, including but not limited to its reasonable attorneys’ fees and costs, if RR Auction prevails, such recovery, in addition to all remedies available at agreement or law, shall include the Buyer’s Premium as defined in these Conditions of Sale. Federal arbitration law, including the Federal Arbitration Act apply to this agreement to arbitrate and its related provisions. The arbitration and all related proceedings shall be held strictly confidential and all documents and discovery shall be held confidential and not used, published or disclosed publically or to anyone outside the Parties or expert consultants or counsel who shall agree to hold such confidential.
20.8 Indemnity. Bidder agrees to defend, indemnify, hold harmless RR Auction (along with its officers, directors, agents, contractors, and affiliates) from and against any and all claims, costs, fees, damages, and liabilities arising out of or related to these Conditions of Sale, view of items, or lots, bidding, or participation in any auction by RR Auction, and/or or in any way connected to any item you viewed, bid upon or purchased through RR Auction.
20.3 The Parties consent to the Commonwealth of Massachusetts as exclusive jurisdiction and venue for all claims between the Parties except as provided specifically herein and may seek confirmation of the decision in the Arbitration pursuant to the Federal Arbitration Act in any Court of competent jurisdiction, including the courts of the Commonwealth of Massachusetts or the United States District Court for the District of Massachusetts. To the extent such is necessary under the law, RR Auction may enforce the Arbitration award against Bidder and any related Party in any court of competent jurisdiction. Nothing in this Agreement shall be construed as RR Auction consenting to jurisdiction or venue in any location outside of the Commonwealth of Massachusetts.
For Residents of California:
THE PARTIES MAY NOT BRING CLAIMS AGAINST EACH OTHER AS A CLASS OR CLASS MEMBER IN ANY CLAIMED CLASS, OR IN A REPRESENTATIVE ACTION UNLESS OTHERWISE AGREED. UNLESS OTHERWISE AGREED, THE CLAIMS AGAINST EACH OF THE OTHER CANNOT BE CONSOLIDATED OR JOINED WITH MORE THAN ONE ADDITIONAL PERSON OR ENTITIES’ CLAIMS. NO INJUNCTIVE OR DECLATORY RELIEF SOUGHT BY BIDDER IF ANY, CAN AFFECT OR BE ORDERED TO AFFECT ANY OTHER BIDDERS OR PERSONS.
A written express warranty is provided with each autographed collectible, as required by law. This dealer may be surety bonded or otherwise insured to ensure the authenticity of any autographed collectible sold by this dealer.
20.4 Except as provided specifically in these Conditions of Sale in Bidder’s Remedies against RR Auction (along with its affiliates, directors, agents, officers, employees, and contractors) for any dispute, claim, cause of action related to or arising out of these Conditions of Sale or any other related agreement(s), brought by Bidder must be brought within the earlier of the Auction Date as it pertains to the item(s) at issue or no later than one (1) year of the acts, omissions or circumstances occurred giving rise to the alleged claim, without exception. This provision is intended as a full, complete and absolute bar to and release of any claims by Bidder initiated after one (1) year of such acts, omissions or circumstances. The Parties agree further that these waiver provisions are intended to be binding in the event of any dispute, specifically including but not limited to third party claims and cross-actions brought by Bidder. These provisions are consideration for the execution of these Conditions of Sale. 20.5 To the fullest extent under applicable law and except as specifically stated herein Bidder hereby holds harmless, releases and discharges RR Auction and its agents, officer’s directors, affiliates, successors, and assigns from any and all claims, liabilities, obligations, promises, agreements, damages, causes of action, suits, demands, losses, debts, and expenses of any nature whatsoever, known or unknown, suspected or unsuspected existing prior to these Conditions of Sale. Bidder agrees to the Conditions of Sale and upon each instance that Bidder participates in any auction, bids, or otherwise agrees to such terms and reaffirms this release as of the date of so participating or agreeing unless Bidder otherwise provides clear written notice to RR Auction prior to so bidding. 20.6 The Bidder hereby agrees that RR Auction shall be entitled to present these Conditions of Sale to a court in any jurisdiction other than set forth in this paragraph as conclusive evidence of the Parties agreement, and the Parties further agree that the court shall immediately dismiss any action filed in such jurisdiction. 20.7 Liquidated Damages for Specific Breaches In the event that Bidder provides false information in connection with registering for bidding, fails to correct or update information or breaches the Conditions of Sale by failing to pay the purchase price when due after becoming the winning bidder, as liquidated damages associated with such breaches, R&R may obtain from Bidder the greater of (1) 150% the reserve of the item (if any); (2) the amount bidder bid; or (3), the full amount that bidder would have otherwise paid. Bidder will also be liable for an additional 20% of such amount to account for additional administrative costs, shipping, additional advertising, and other damages and liabilities fees that are difficult to calculate on an item-by-item basis.
Section 21: State-by-State Law Issues This Auction is being conducted in and the sale shall take place in the State of Massachusetts. Notwithstanding, the foregoing, should these terms and conditions violate the law of any State should that state’s law be found to govern, or any provision herein determined to be invalid, the clause itself and the remainder of the Agreement shall be valid to the fullest extent allowed. Also, to the extent other states law apply to any transaction arising out of the Agreement (without admitting such), RR Auction states:
SALE OF AUTOGRAPHED COLLECTIBLES: AS REQUIRED BY LAW, A DEALER WHO SELLS TO A CONSUMER ANY COLLECTIBLE DESCRIBED AS BEING AUTOGRAPHED MUST PROVIDE A WRITTEN EXPRESS WARRANTY AT THE TIME OF SALE. THIS DEALER MAY BE SURETY BONDED OR OTHERWISE INSURED TO ENSURE THE AUTHENTICITY OF ANY AUTOGRAPHED COLLECTIBLE SOLD BY THIS DEALER.
Section 22 Glossary of Condition terms Information provided to prospective Bidders with respect of any lot, including any pre-sale estimate, whether written or oral, and information in any catalogue, condition or other report, commentary or valuation, is not a representation of fact but rather a statement of opinion held by RR Auction. Use of the following terms constitutes an opinion as follows: VERY FINE describes an item believed to be in virtually flawless condition, and is used sparingly for items of exceptionally attractive appearance. FINE is the most common statement of condition, and applies to most items that we offer. It describes items that we believe to show expected handling wear, generally acceptable random flaws (such as light creases, small bends, etc.), and an overall appearance that is pleasing to the majority of collectors. VERY GOOD describes an item that we believe exhibits more moderate flaws (such as toning, light staining, professional reinforcements or repairs, etc.). Most collectors would be comfortable with items in very good condition, and this would be the expected condition for many formats (early presidential documents, for example). GOOD describes an item which we believe to have obvious visible flaws, including heavy wear, missing portions, or repairs that affect appearance; generally items in this condition are offered only if an item is otherwise believed to be exceedingly rare or important. Bidder may call and request further details and information about RR Auction’s opinions concerning any item via phone or email which shall provided in RR Auction’s discretion. Certificate of Auction, Certificate of Authenticity and Goods Acquired: Bidder warrants that Bidder (and its agents, assigns, successors, and affiliates) shall not purposely deface, destroy, dismember, cut-up into parts the item or Lot purchased at auction from RR Auction and in the event such shall occur whether purposefully or accidently, Bidder (and its agents, assigns, successors, and affiliates) shall refrain from advertising, promoting, or marketing the item as having been purchased from RR Auction and shall in no event display, expressly claim, or imply that the item was certified or auctioned in such state by RR Auction. As liquidated damages for such breach, Bidder agrees to be liable to RR Auction for the greater of the amount of three (3) times the hammer price of the item along with all other fees and costs as otherwise provided in this Terms of Sale.
Since 1976
Let’s make history—together For over 40 years, relationships have been the backbone of RR Auction. We have made it a priority to keep our consignors informed and involved, encouraging them to share their voices, to instill their knowledge, and to forge a partnership based on our shared passion for history. With a mutual desire to achieve greatness, these relationships are at the heart of our success.
RR Auction
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Est. 1976
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www.RRAuction.com
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(800) 937-3880
WE ARE CURRENTLY SEEKING CONSIGNMENTS FOR MANY OF OUR EXCITING SALES
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T. 1976 ES
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PRESIDENTS SPACE EXPLORATION SPORTS & OLYMPICS MARVELS OF MODERN MUSIC
www.RRAuction.com
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(603) 732-4280
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Boston, Massachusetts