DECODING HISTORY: KRYPTOS, ENIGMA, AND THE ROSETTA STONE Bid online at www.RRAuction.com |
November 20, 2025
DECODING HISTORY: KRYPTOS, ENIGMA, AND THE ROSETTA STONE Bidding closes November 20, 2025 RR Auction’s special November sale—Decoding History: Kryptos, Enigma, and the Rosetta Stone— brings an unprecedented selection of codes, secrets, and cryptographic material to auction. The auction is led by the complete secrets of Kryptos—the famous encoded sculpture on the CIA grounds—from artist Jim Sanborn’s private archive, highlighted by the coding method and the solution to the K4 passage. Other highlights include an archive of 19th-century British working papers decoding the Rosetta Stone, two Enigma machines, and a mathematical book signed by Alan Turing. RR Auction is a globally recognized and trusted auction house specializing in historical autographs and artifacts. Join us as we make history selling history in November 2025.
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THE COMPLETE SECRETS OF
KRYPTOS Sculptor Jim Sanborn’s private archive, highlighted by the solution to the K4 passage
LOT 2001 The Complete Secrets of Kryptos: Jim Sanborn’s Private Archive Starting Bid $10,000 Jim Sanborn’s original Kryptos archive that reveals the secrets of K4 and the much anticipated K5, plus an afternoon with Sanborn as he personally explains each document and demonstrates how these materials unlock the complete Kryptos mystery. The collection includes the original handwritten plaintext of K4 with a signed typed letter from cryptographer Ed Scheidt, the original coding charts used to create K1, K2, and K3, the original coding system for K4, an unpublished 1988 alternate of the K1 plaintext and coding chart, an unpublished 1988 alternate of the K4 plaintext and coding chart now known as K5, and the handwritten signed Kryptos plaintexts used for screen cutting K4 (2 pieces). These are the working documents that Jim Sanborn created and used to construct Kryptos. The secret within the secret, carries a deeper layer of the mystery where solving K4 is not the end, but possibly a beginning. The winning bidder will be the first to learn what lies beyond K4 and gain exclusive access to the highly anticipated K5. During the private afternoon session, Sanborn will walk the new owner through the original Kryptos archive, explaining how each piece reveals the secrets of both K4, K5, and the broader Kryptos project. This includes both the physical archive and the complete knowledge from creator to collector. Continued onto the next page.
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THE KRYPTOS ARCHIVE
[For reasons of secrecy, no photos will be provided of items 1–7] 1..the original handwritten plaintext of the K4 code, with a signed typed letter from cryptographer Ed Scheidt 2.the original coding system for K4 3..handwritten signed Kryptos plain texts used for screen cutting K4 (2 pieces) 4..the original coding charts used to create K1, K2, and K3 5..original unpublished 1988 alternate K1 plaintext and coding chart 6..original unpublished 1988 alternate K4 plaintext and coding chart now known as K5 7..the original scrambled texts shown to the Department of Historical Intelligence 8..a private afternoon session with Jim Sanborn, who will personally walk the winning bidder through the plaintext codes, coding charts, and all archive materials, including K5 9..a U.S. Government “Escort Required” badge issued to Jim Sanborn for access to the CIA grounds 10..a color photograph of the original model submitted to the CIA panel in 1988 (Jim Sanborn photograph) 11..a 3/8” thick 12”x 24” Kryptos “proof of concept” curved copper plate, 1988, signed “J.S.1988” 12..a photograph in Sanborn’s studio during the cutting of the Kryptos code, with the copper “proof of concept” piece on the table in the background (Jim Sanborn photograph) 13..a signed black and white photo of Jim Sanborn with one of the curved Kryptos copper plates, 1990 (photograph courtesy of the artist) 14..a copy of the original signed GSA contract for the Kryptos commission with an original front page 15..an original copy of the speeches given by William Webster and Jim Sanborn at the dedication ceremony 16..the original CIA color photograph of William Webster receiving the code to Kryptos from Jim Sanborn at the small dedication ceremony in 1991 (CIA staff photographer) 17..an original copy of the dedication pamphlet signed by William Webster
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THE UNRESOLVED FINAL PASSAGE HAS TRANSFORMED KRYPTOS INTO A CULTURAL PHENOMENON— PART ARTWORK, PART RIDDLE, AND PART SPY LEGEND The Kryptos sculpture, created by American artist Jim Sanborn, was installed in 1990 on the grounds of the CIA headquarters in Langley, Virginia, under the auspices of CIA director William Webster. Crafted from curved copper plates inscribed with a mysterious coded text, Kryptos was conceived as a meditation on secrecy, language, and the hidden nature of intelligence work. Sanborn collaborated with retired CIA cryptographer Edward Scheidt. Together, they developed four distinct encrypted passages (K1–K4) meant to challenge both professional and amateur codebreakers, merging art with the mystique of espionage.
Recent Developments Regarding K4: In early September 2025, two independent researchers discovered archival materials related to K4 during research at the Smithsonian Institution’s Archives of American Art. From these materials, they were able to derive the K4 plaintext. Upon being notified, the Smithsonian immediately sealed Sanborn’s archives for 50 years to protect Sanborn’s intellectual property rights.
Since its installation, Kryptos has become one of the most famous unsolved codes in modern history. Of the sculpture’s four coded sections, the first three were deciphered in the 1990s by a CIA analyst, an independent cryptographer, and the NSA, revealing a blend of poetic text, a cryptic description of something “buried out there somewhere,” and a paraphrase of Howard Carter’s account of the opening of King Tutankhamun’s tomb. The fourth section, known simply as K4,has transformed Kryptos into a cultural phenomenon—part artwork, part riddle, and part spy legend.
The materials in this auction provide the only authorized path to understanding how K4 functions as an artistic statement. As noted by Elonka Dunin, one of the world’s leading Kryptos researchers, “If they don’t have the method, it’s not solved.” While others may possess the plain text, what they do not and cannot have is the method with which K4 was encoded or the artwork’s complete artistic vision.
Sanborn has periodically released hints to assist aspiring K4 codebreakers, including fragments of plaintext such as “BERLIN” and “CLOCK.” Yet even with these clues, the full meaning of K4 has resisted decryption. The enduring mystery of Kryptos speaks to the tension between knowledge and secrecy—a fitting metaphor for its home at the CIA. More than three decades after its unveiling, Kryptos continues to intrigue and frustrate codebreakers around the world, standing as both a masterpiece of cryptographic art and a monument to the power of the unknown.
As reported in The New York Times on October 16, 2025, the researchers have stated they do not plan to release the solution.
Even if the K4 text one day surfaces publicly, only the winning bidder will possess Sanborn’s explanation of the relationship between K4 and K5, and what the complete message truly means. This auction therefore represents something more valuable than access to a solution—it offers exclusive understanding of Sanborn’s complete artistic vision, a secret that has never been shared and will be revealed only once, during the private afternoon session with the artist himself. The Kryptos archives have not been shared with RR Auction and remain in the possession of Jim Sanborn. RR Auction is relying on Sanborn’s representation of the contents and has not independently examined or verified the materials. Bidders acknowledge that the intellectual content of Kryptos, including the K4 plaintext, may become publicly known through independent research or disclosure.
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DECIPHERING THE
ROSETTA STONE An unprecedented archive of 19th-century British working papers decoding Ancient Egypt’s lost language LOT 2002 Rosetta Stone: Archive of 19th-Century British Working Papers, Decoding the Lost Language of Ancient Egyptian Hieroglyphics Starting Bid $10,000 Remarkable archive of early 19th-century British working papers documenting the early efforts to unlock the mysteries of the Rosetta Stone and, by extension, the lost language of ancient Egypt. Discovered by Napoleon’s soldiers in 1799 and seized by the British in 1801, the Rosetta Stone bore the same decree in three scripts— hieroglyphic, Demotic, and Greek—making it the key to bridging the gap between classical scholarship and Egypt’s enigmatic past. Dating to circa 1801–1822—between the British acquisition of the Rosetta Stone and the transliteration of the Egyptian scripts by French philologist Jean-François Champollion—these papers capture the excitement and difficulty of those initial attempts at decipherment. With life-size impressions of the Stone, oversized sheets of comparative texts, and painstaking manuscript translations beautifully housed together in a contemporary blind-stamped leather portfolio titled “Mente et Malleo”—“By Thought and Hammer”—this collection stands as an extraordinary artifact of one of the great intellectual breakthroughs of Western scholarship, and represents the greatest archaeological discovery in human history.
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LOT INCLUDES:
- a life-size 33˝ x 15.5˝ linen-backed print of the central section of the Rosetta Stone, containing the complete 32 lines of enchorial, or Demotic, script numbered in ink, with a couple lines of Ancient Egyptian hieroglyphics at the head. Most significant in the hieroglyphic lines is a cartouche—an elongated oval—at upper left, containing the glyphs for Ptolemy’s name—the ‘key’ to unlocking the mysteries of the Rosetta Stone. On the reverse is a similar print of the complete lower section, translating the Demotic into Greek in 54 lines. Early reproductions of the Rosetta Stone’s text were made using a direct-transfer method: the Stone itself was used as a printing block, its surface washed, brushed, and coated with printer’s ink, with dampened paper pressed against the stone to create a reverse image of its writing, which could then be read from the back or using a mirror. As these printings are the exact size of the Rosetta Stone (measuring approximately 28.5˝ across), they may be second-generation copies produced from a ‘negative’ created via these methods. - three large leafs, ranging in size from 32˝ x 10.5˝ to 31˝ x 20.25˝, representing early efforts to decipher to Rosetta Stone. On one side are contemporary lithographic copies of early working texts, placing the hieroglyphics and Demotic side-by-side, along with some of the Greek, with occasional translations into English below. An observation penciled in the left margin of one sheet notes: “It is plain the Greek is very defective and the only way the Harogs [Hieroglyphics] can be made out is by the Demotic.” Affixed on the reverse of each leaf are cut-up strips of the reproduced text of the Rosetta Stone; the three pages carry strips of the Demotic text, with two juxtaposing it against the hieroglyphics. Original pencil notations between the strips document attempts at transcription and translation.
- two 33.5˝ x 11˝ leafs of manuscript translations from the Greek portion of the Rosetta Stone into English, which served as a base for the translation of the Demotic text. On the reverse of the first leaf is a manuscript transcription of a section of Greek text, executed in ink on tracing paper and affixed at its corners to the larger leaf; the text is front facing, and may have been lighted from behind to assist in writing the wide-margined translation on the front page. The 11-line English translation is numbered line-by-line along the right edge. The papers are housed in a contemporary oversized portfolio, 17˝ x 23.25˝, with satin lined folding overlaps and ribbons for secure closure, exquisitely blind-stamped leather boards, titled to front “Mente et Malleo.” In overall very good condition, with folds, creases, and toned tape repairs to several of the oversized sheets. Accompanied by a later 1950 printing of the British Museum’s monograph on the Rosetta Stone, which explains the method of decipherment used by researchers like Thomas Young and Jean-François Champollion; the repeated appearance of the cartouche containing the name “Ptolemy” on the Rosetta Stone provided scholars with a crucial starting point for matching hieroglyphic symbols to known Greek letters. By identifying and comparing these symbols, researchers were able to begin deciphering the phonetic system of Egyptian hieroglyphs, thus unlocking the mysteries of the Rosetta Stone and the lost language of Ancient Egypt.
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LOT 2006 Claude Philibert Dabry de Thiersant: Military Phrasebook in Chinese, French, and English (1859) Starting Bid $200 Scarce book: Guide des armées alliés en Chine ou dialogues sur les reconnaisances militaires en trois langues [Guide to the Allied Armies in China or Dialogues on Military Recognition in Three Languages] by Claude Philibert Dabry de Thiersant. First edition. Paris and London: Henri Plon & W. O. Mitchell, 1859. Hardcover bound in full red morocco with the gilt arms of Marshall Randon to both covers, all edges gilt, 5 x 7.25, 163 pages. Jointly published in Paris and London, this is the first edition of an extraordinary phrasebook for French and British officers in preparation for the second Opium War in China. The book opens with a list of Chinese provinces and their principal towns; this is followed by two pages of “Hygenic regulations to be observed in China” which end with classic advice: “Never take an afternoon’s nap.” The largest part of the phrase-book deals with reconnaissance of the coast,
canals, gorges, mountains, forests etc., with different romanizations given for the French and English transliterations of the Chinese characters. There are also some revealing chapters on how to deal with deserters and spies: “What are you?” “I am a fisherman.” “You lie; you are not a fisherman; I know you are a spy. Besides you have already deceived me. Prepare to die.” In very good to fine condition, with occasional mottled foxing to the textblock, heaviest to the title page. Provenance: an important association copy, beautifully bound in armorial red morocco for Jacques Louis César Alexandre Randon, 1st Count Randon (1795-1871), who was the French Minister of War from 1859 to 1867, at the time of the Second Opium War. As a young soldier Randon had fought in Napoleon’s 1812 Russian campaign and risen through the ranks to General and finally Marshall of France and Governor of Algeria.
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DETAILED SECRET BRITISH MILITARY REPORTS OBSERVING SOUTH CHINA ON THE ADVENT OF CIVIL WAR LOT 2007 China: Secret British Military Reconaissance Reports on Kwangtung and Fukien Provinces
aerodrome near the academy, arsenals, railways, fortifications, other prospective military targets, the topography of the region and possible landing sites for an invasion.
Starting Bid $500
The folding plan shows “The Asiatic Petroleum Co’s wharf Amoy,” with extensive soundings, reproducing a drawing dated 14 September 1919. The British were secretly preparing for military intervention in China during a period of tension between China and the western powers.
Five bound secret military reconnaissance reports entitled “Reports on Kwangtung and Fukien Provinces,” prepared by the British War Office, Hong Kong, 1926–1928, totaling 138 numbered leaves in typescript (some in carbon copies or duplicated) with insertions and manuscript additions, with 47 original photographs (3.5 x 6 to 8 x 13 cm) mounted on the leaves (3 of the 47 are longer panoramas, each built up from 2 to 3 photos) and a folding blueprint plan (26 x 48.5 cm). Bound in contemporary brown half cloth with printed paper labels on the spine and front cover, “Reports on Kwangtung and Fukien Provinces,” marked “Secret” on the front label. Made by the South China Command in Hong Kong for the Under Secretary of State at the War Office in London from 1926 to 1928 and distributed in 1927 and 1928, these five secret British military reconnaissance reports give a very detailed account of sites of military importance in Guangdong and Fujian provinces on the southeast coast of mainland China at a critical moment in Chinese history. It includes a description of the famous Whampoa (Huangpu) Military Academy, established by Sun Yat-sen in 1924 with help from the Soviet Union and commanded by the young Chiang Kai-shek in his first major post, the Guangzhou radio transmitting station, the
Although the text gives some background information and a few anecdotes about events in China (some Chinese feared the compiler might be a Russian spy), it mostly leaves political opinions to the politicians and concentrates on the factual information the military would need if England decided to invade China. Sun Yat-sen died in March 1925 and in the wake of worker and student uprisings, the British-led Shanghai Municipal Police shot and killed at least nine protesters in Shanghai on 30 May, stoking the existing anti-British sentiments. The Chinese Communist Party and Sun Yat-sen’s Nationalist Kuomintang had been allied against the warlords since 1923 but Chiang Kai-shek had commanded their National Revolutionary Army since 1925 and beginning in March 1926 he purged Communists in the military and declared martial law, a coup that made him the undisputed leader of the Kuomintang. Mao Zedong, still only one of several leaders of the Chinese Communist Party, was beginning to organize peasant militias in Guangzhou, planting the seeds of what would become the Red Army.
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INCLUDING THE WHAMPOA MILITARY ACADEMY COMMANDED BY CHIANG KAI-SHEK In April 1927 the hostilities erupted in civil war, with Chiang killing thousands of Communists and Mao Zedong leading the Red Army against him was to prove equally ruthless. The British government under Conservative Prime Minister Stanley Baldwin saw dangerous Bolshevik influences on both sides, but were pleased that Chiang made a definitive break with the Communists. After Chiang captured Nanking in March 1927, British and American ships opened fire on uprisings against him, and the British built up their military presence around the Communist stronghold of Shanghai as well. In the event, this was the closest they came to an invasion, and the preparations shown by the present reports never went further. But they give a remarkably detailed picture of the military state of southern China at this critical moment and form a primary source for both the beginnings of the Chinese civil war and the British view of the situation. The five reports are: [Part 1:] Report on Canton City [Guangzhou in Guangdong] (sent 13 October 1927 and referring to an arsenal established 16 June [1927]). [Part 2:] Report on Shekcheng Arsenal, Whampoa Military Academy, and other establishments near Canton (sent 15 June 1928 and including information gathered in Guangzhou on 31 May 1928). [Part 3:] Report on Swatow [Shantou in Guangdong] (dated March 1926 and sent 28 July 1927; addendum sent 10 February 1928). [Part 4:] Amoy [Xiamen in Fujian] (dated March 1926 and sent 28 July 1927). [Part 5:] Foochow [Fuzhou in Fujian] (refers to a publication of 1925 and sent 28 July 1927). The reports of 1927 and 1928 (parts 1 & 2) were compiled by Captain Robin Hasluck Campbell (1894-1964) of the Royal Marines, who was to rise to the rank of Major-General in 1944, and he also added a page of addenda to the 1926 report on Shantou, which was written by Captain R.A. Slater. Two of the Hong Kong cover letters were signed by Major-General Charles Camac Luard (1867-1947), Commander of British Troops in South China, and the other two by officers under his command.
The paper for part 3 is watermarked “D. Gestetner’s|Rotary” and some texts in the volume seem likely to have been reproduced on a Gestetner stencil-based duplicating machine, though some may be carbon copies and others appear to have been typed directly. Most of the leaves added in India are watermarked “Government|of|India|T”. The Hong Kong cover letters indicate that these reports were distributed in only three to five copies, all but one going to Asian offices (including Malaya, Singapore and Peking), and we have located no surviving copies besides the present ones. They were sent in 1927 and 1928 to the Headquarters of the British Army in Delhi, India, which passed them on to their General Staff Branch at its summer office in Simla in the latter year. It was in India, probably when the reports were sent to Simla, that they were bound together with the four original cover letters (the third for parts 3 to 5 and the fourth for the addenda to part 3) and some new additions: a new typescript table of contents for all five reports headed by a general drop-title (with a manuscript note telling the binder to have the title printed for the cover), a manuscript part-title inserted before each part and one additional cover letter written in Delhi. Also at that time, the British authorities in India mounted some of the cover letters on paper leaves (and seem to have remounted some of the photos on new leaves) and made some manuscript annotations. They also used a red pencil to number the leaves of the five reports in a single series including the cover letters and leaves with photos, but not the manuscript part-titles. The table of contents cites these new leaf numbers. The reports in parts 1-3 had been separately foliated in typescript without the added leaves: 8; [2], 19; [1], 9, [3] ll. Some worm holes, especially in the first few and last few leaves (slightly affecting 2 photographs), and with occasional minor chips and tears, the folding plan has separated at the folds, a folding photographic panorama assembled from 3 photographs has one part torn through and another photo has a faded patch, but most text leaves and photographs are in good condition. Housed in a modern cloth clamshell box. A detailed secret report of British military reconnaissance in southern China as the civil war between Communists and Nationalist broke out.
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“I KNOW THAT DURING LONG NIGHTS I AM IN THEIR MIND, AS THEY ARE IN MINE” 20 |
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“WHEN THEY ARE ON LEAVE I AM ALL I CAN BE FOR THEM, AS A WOMAN” boasts famed courtesan spy Mata Hari of her wartime efforts
LOT 2008 Mata Hari World War I-Dated Autograph Letter Signed on Her Wartime Efforts: “I know that during long nights I am in their mind, as they are in mine” Starting Bid $500 Dutch-born dancer (1876-1917), née Margaretha Geertruida Zelle, whose renown as a performer was permanently overshadowed by her activities as an Axis spy during World War I, which led to her execution by firing squad at the age of 41. Very rare war-dated ALS in French, signed vertically “Marguerite Zelle MacLeod,” eight pages on two sets of adjoining sheets, 5.5 x 7, Grand Hotel, Paris letterhead, August 20, [1916]. Letter to “Monsieur Pettipied” telling him about her life, her friends, and Paris. In full (translated): “Here I am already almost two months on a trip and it is May I have not yet given you any news. It was a little your fault, because one day, that I had come to the consulate for these inevitable papers, you had greeted me a little abruptly. Maybe were you annoyed, or a little bothered, be it I thought, that it would be wiser of me not to come disturb you unnecessarily and here is the reason for which I left without telling you goodbye. Good enough if I misjudged and if you wish, I will always be happy to write you from time to time. Here I am in Paris and as you can see staying at the Gd Hotel it is not what there is best but it is centralized and I have too many fittings to do to be living further away. I have the great pleasure up to now to have my friends alive, even so they are at the front since the first day of war and on front lines. When they are on leave I am all I can be for them, as a woman, and when they are not, I am the ‘pen friend.’ At first I was making fun of ‘pen friends’ because some are ridiculous, but deep down there is something of very kind, of very French; and there, I became one also, we care for them with these
thirty thousand things that an officer needs and that he cannot procure for himself and then letters, letters with words of love such I would never dare tell them and I know that during long nights I am in their mind, as they are in mine. And, you never can guess who often take the place of their thoughts? My great Marguerite’s friend who has always remained my confidant for a long time, the one that I forget each time the one that I am always happy to see again. I had dinner again with him last night, but very briefly, because he had night duty at the Ministry. The atmosphere in Paris is always Parisian, there is the unexpected and they have the smile, not knowing why. One feel as being graceful amiable, because they are toward us. I am seriously thinking of coming back to live here, but I dare not speak about it to the Baron v d C. [Cappellen] I know that I would cause him grief so I wait.” In fine condition, with a small red pencil notation to first page as well as a small spot of soiling. Accompanied by a vintage glossy portrait of Mata Hari in an exotic costume. Living as a kept woman under the care of the wealthy Colonel Baron Van Der Capellen of the Dutch Army at the start of World War I, Mata Hari grew restless with her relatively quiet life in The Hague and pined for the attention of her recently declined career. Traveling freely as a citizen of the neutral Netherlands, she resumed many of the intimate relationships she had built during her heyday as a courtesan, connecting with high-ranking military officers and politicians throughout Europe. She made her temporary home at the luxurious Grand Hotel in Paris, earning a generous living—up to a thousand francs a night—caring for her ‘friends’ on and off the battlefield. An incredibly scarce war-dated letter, written in the midst of the international liaisons that would result in the espionage charges that led to her execution the following year.
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LOT 2009 Thomas H. Dyer Signature Starting Bid $200 Naval codebreaker (1902–1985) during World War II who played a key role in deciphering Japanese communications. His efforts helped uncover the flight itinerary of Admiral Isoroku Yamamoto, the architect of the Pearl Harbor attack, which enabled Operation Vengeance—the U.S. mission on April 18, 1943, that successfully intercepted and shot down Yamamoto’s aircraft over Bougainville. He went on to help found the National Security Agency’s cryptography department, and has been called the ‘father of machine cryptanalysis.’ Vintage fountain pen signature, “Thos. H. Dyer,” on a 4 x 11.25 biographical section cut from the 1924 edition of the ‘Lucky Bag,’ the yearbook of the United States Naval Academy at Annapolis. In very fine condition, with trimmed edges.
LOT 2010 Herbert Yardley Signed Return Receipt Starting Bid $200 American cryptologist (1889–1958) who founded and led the Black Chamber, the first peacetime cryptanalytic organization in the United States and a forerunner of the National Security Agency. Under Yardley, the Black Chamber broke Japanese diplomatic codes and were able to furnish American negotiators with significant information during the Washington Naval Conference of 1921–1922. Partly-printed DS, signed “Herbert Yardley,” one page, 5 x 3, August 12, 1943. United States Postal Service return receipt card, signed at the center in pencil by Yardley to confirm his receipt of a registered and insured parcel from Ashley T. Cole. Postmarked at Chevy Chase, Maryland, on August 12, 1943. In fine condition.
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LOT 20212 William Friedman Typed Letter Signed Starting Bid $200 US Army cryptographer (1891–1969) who ran the research division of the Army’s Signal Intelligence Service (SIS) in the 1930s. In 1940, Friedman and Frank Rowlett led a team that broke Japan’s PURPLE cipher, thus disclosing Japanese diplomatic secrets before America’s entrance into World War II. TLS signed “William F. Friedman,” one page, 7.25 x 10.5, February 2, 1949. Letter to Ashley T. Cole, in part: “No doubt you have felt that either your letter of 15 October had gone astray or that the recipient is a stuffed shirt. Neither of these contingencies is true. The fact of the matter is that your letter arrived at a time when I was quite ill and was concentrating what energy I had on the matter of getting better. Now I am better and hence this letter of apology for the delay. Before acceding to your request, which I would be pleased to grant, I would like to know the basis on which you reached the conclusion that I am one of those ‘persons who are distinguished in the Second World War.’ Upon receipt of this information I will be glad to send you a letter which I hope will be worthy of addition to your notable collection.” In fine condition. Accompanied by the original mailing envelope.
LOT 2013 David Balme Signed Photograph Starting Bid $200 British naval hero (1920–2016) who led Operation Primrose in May 1941, a successful effort to capture German submarine U-110 with an intact Enigma machine and a wealth of signals intelligence, leading to the Allied breakthrough into cracking the German naval Enigma code. Cardstock 8.25 x 11.75 photo of the British naval officer on the bridge of HMS Bulldog, signed in the lower border in blue ballpoint, “Sub Lt. David E. Balme, HMS Bulldog, 9th May 1941, Recovered Enigma Coding Machine from U110.” In very fine condition.
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THE CATCHER WHO BECAME A SPY DESCRIBES AN ATOMIC CHAIN REACTION INTELLIGENCE GATHERED IN SWITZERLAND DURING WORLD WAR II LOT 2011 Moe Berg Hand-Notated Spy Manuscript on Atomic Chain Reactions (1944) - Penned by a Physicist Who Shared Intelligence on Nazi Germany’s Nuclear Weapons Program Starting Bid $1,000 Hand-notated scientific manuscript, seven pages, 9 x 14, dated December 26, 1944. Notations in Moe Berg’s hand are in red pencil, with remaining pencil notations and diagrams in the hand of Swiss physicist Paul Scherrer. Berg refers to the physicist by his OSS codename, “Flute,” on the cover sheet: “Flute’s own description & diagrams.” On the first page, numbered in the upper right by Berg with a circled “1” in red, headed by Berg “(explanation of content of U).” The atomic symbol for Uranium is U. Its atomic number is 92 and atomic weight is 238.02891. Scherrer has circled in regular pencil “+ 92,” underlined “238” and written “~100%.” Beneath this, he’s circled another “+92” and penciled “235” and “1/140.” Scherrer has drawn a rectangle around this line and written a third line of a circled “+92,” “234” and “1/10000.” The World Health Organization notes that ‘Natural uranium consists of a mixture of three radioactive isotopes identified by the mass numbers 238U, 235U, and 234U.’ Uranium 238, uranium’s most common isotope, can be converted into Plutonium 239, a fissionable material that can also be used as a fuel in nuclear reactors. Uranium 239 first decays into Neptunium 239, further decaying into Plutonium 239. Scherrer has drawn a diagram in the center of the page, labeling “U 239” and drawing a box around
the name “Nier.” Alfred O. C. Nier was the first to separate Uranium 235 from Uranium 238. In the lower third of the page, Scherrer has drawn and labeled diagrams and, at the lower edge, has written “U 235 + n = Sr + Xe + 2-3 n,” circling the final “n” and drawing an arrow to it labeled “chain reaction.” Berg has also written “chain reaction.” The next five pages have drawings and mathematical equations ostensibly diagramming atomic chain reactions. Berg has labeled one of Scherrer’s diagrams “aerodynamics another subject” and identified two of Scherrer’s words as “Prandle” and “Exterman of Geneva.” Thorium, written by both Berg and Scherrer, is a source of nuclear power. In very good condition, with edge tears and creases, a couple fragile hinges, and a light central vertical fold. After parts of seventeen seasons in the big leagues, Berg was hired by the Office of Strategic Services, the forerunner of the CIA, as an international spy. His mission was to seek knowledge concerning Germany’s progress in the development of atomic weapons, resulting in his traveling to Europe to meet with Scherrer, the director of physics at the Federal Institute of Technology in Zurich. During their meetings, while Berg would diagram the game of baseball, Scherrer would diagram atomic chain reactions—pages like this that were then gathered by Berg and sent to America for analysis. Through his research and diagrams, Scherrer had estimated that Germany was two to ten years away from production of a nuclear warhead. A unique look into the espionage activities of this most unexpected spy. Provenance: The Moe Berg Collection, Lelands, 2006.
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ALAN TURING’S SIGNED PERSONAL COPY OF ‘THE DISTRIBUTION OF PRIME NUMBERS’ LOT 2014 Alan Turing Signed Book The Distribution of Prime Numbers (Turing’s Own Copy) Starting Bid $1,000 Influential British mathematician, cryptanalyst, and computer scientist (1912–1954) considered the father of theoretical computer science and artificial intelligence. Signed book: The Distribution of Prime Numbers by A. E. Ingham (Cambridge Tracts in Mathematics and Mathematical Physics No. 30). First edition. Cambridge: Cambridge University Press, 1932. Paperback, 5.5 x 8.5, 114 pages. Signed and dated inside the front wrapper in fountain pen, “Alan M. Turing, July 1933.” Autographic condition: fine, with a light stain in the lower blank area. Book condition: G/None, with wear and chipping to the darkened spine, toning and staining to wrappers, and a few stains to textblock. Turing studied as an undergraduate at King’s College, Cambridge, from February 1931 to November 1934, graduating
with first-class honours in mathematics. His dissertation, ‘On the Gaussian error function,’ delivered in November 1934, proved a version of the central limit theorem. This book represents the young mathematical genius’s early interest in the distribution of prime numbers. In ‘Turing and the Primes,’ Andrew R. Booker observes: ‘Alan Turing’s exploits in code breaking, philosophy, artificial intelligence and the foundations of computer science are by now well known to many. Less well known is that Turing was also interested in number theory, in particular the distribution of prime numbers and the Riemann Hypothesis. These interests culminated in two programs that he implemented on the Manchester Mark 1, the first stored-program digital computer, during its 18 months of operation in 1949–50.’ Provenance: Alan Turing (1912-1954); Robin Gandy (19191995), Turing’s friend and one of his executors; bequeathed to Wolfson College. A Fellow of Wolfson from 1970 until his death in 1995, Gandy generously left his entire estate to the College, including these books once owned by Alan Turing, with the wish that his legacy be used to benefit the College and its students.
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EARLY THREE-ROTOR ENIGMA I CIPHER MACHINE built for the German military in 1933 and used during World War II
LOT 2015 Enigma I Military-Issue Cipher Machine (c. 1933, Mostly Operational) Starting Bid $25,000 Early three-rotor Enigma I electromechanical cipher machine made for the German military in Berlin by Heimsoeth und Rinke in 1933, during the build up of German forces in violation of the Treaty of Versailles prior to World War II. Based on the chassis of the commercial Enigma D, the Enigma I machine was the standard Enigma machine used by the German military throughout the war. It features an ebonite Steckerbrett [plugboard] on the front, which was exclusive to the German armed forces and exponentially increased the complexity of the code. This version of the Enigma is sometimes referred to as the Heeres [Army] Enigma, Wehrmacht Enigma, or Luftwaffe Enigma due to its military-specific application. This machine would have been used to conceal the pre-war expansion of the German military, in addition to being used in the field during WWII and likely thereafter during the Cold War era. The Enigma machine is housed in its original stained oak case with hinged lid and hinged front panel, with inlaid brass latching mechanism. Held inside the lid are two spare Stecker cables, 10 spare light bulbs, contrast screen, and original “Zur Beachtung” instructions for cleaning, use, and troubleshooting. The inner front panel is stamped “Enigma” and “Klappe
Schliessen,” and the case retains its brown leather carrying handle on the back. The three included rotors—marked as “I,” “II,” and “III”—match each other with “A1024” serial numbers. Though the serial numbers of the Enigma machines and their rotors matched when issued, mismatches are typical of field-used machines. Rotors were often swapped out at German communication outposts as they were interchangeable and not dedicated to specific machines. Beginning in 1937, Enigma machines were issued with five rotors in order to increase their cryptographic security. Those machines already in use by the military were issued rotors “IV” and “V.” The present rotors demonstrate a progression in design, which changed as resources became scarce over the course of the war. The earliest Enigma rotors featured an all-metal construction, while those produced during World War II had Bakelite thumbwheels and ratchet wheels. With aluminum thumbwheels and Bakelite ratchet wheels, these rotors represent an in-between step in this progression. Each rotor can display one of its 26 numerals through the three windows in the machine’s cover. They have spring-loaded brass contacts on the sides corresponding to each of the 26 numbers, and they may be arranged in any order on the internal shaft. The specific settings of the rotors and plugboard were determined on a daily basis via a secret codebook that allowed the German forces to synchronize their Enigma machines.
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LOT 2015
AS A MOSTLY FUNCTIONAL EXAMPLE OF THE GERMAN MILITARY’S FAMED ENIGMA MACHINE— WITH UNUSUAL PROVENANCE— THIS IS A HIGHLY SOUGHT-AFTER EXAMPLE OF CRYPTOGRAPHIC AND WWII HISTORY The Enigma machine has a standard German “QWERTZ” keyboard with 26 white-on-black keys, with matching “QWERTZ” lighted display. When a key is pressed, the corresponding encoded letter—as determined by the specific arrangement of the rotor wheels and plugboard—is illuminated. The rightmost rotor steps once each time a key is pressed. At an adjustable point it triggers the middle rotor to step, and so on. Through this mechanism, an easily crackable simple substitution cipher is avoided—letters are not encoded the same way twice. An encoded message would be written down and transmitted, usually via radio telegraph (a standard World War II-era German Wehrmacht Baumuster T1 telegraph key is included with this machine). In order to decode a message, the Enigma machine on the receiving end would have to be set up with the plugboard and rotor wheels in the same pattern as the sending Enigma: when the encoded message was typed in, the decoded letters would light up, revealing the secret message one character at a time. Since no original batteries have survived, this machine has been modified to use a modern battery pack; it operates at about 75% functionality, as occasional key presses do not result in a lighted encoded letter. Includes a reprint of the Enigma operator manual, original lightbulbs removed from the machine during cleaning and restoration, and some relevant modern literature discussing the Enigma. First patented in 1918 by Arthur Scherbius, the Enigma machine was developed for use in the transmission of confidential information: in addition to its obvious military and diplomatic applications, the machine found commercial use for the encryption of sensitive financial data. The German military adopted the Enigma as its primary cipher in 1926, after learning that the British had intercepted and interpreted coded German naval messages during World War I. Amidst the
subsequent buildup of German forces, Poland felt particularly vulnerable—having been ceded disputed border territories by the Treaty of Versailles—and sought to crack the Enigma. Genius Polish codebreakers—led by Marian Rejewski, Jerzy Rozycki, and Henryk Zygalski—developed techniques for the decryption of Enigma code, and turned over their research to Allied counterparts after Germany’s 1939 invasion of Poland. Alan Turing and the other brilliant code breakers at Bletchley Park continued their important work, speeding up the time it took to decode Enigma messages. The code breaking efforts at Bletchley Park led to the development of the world’s first computers as technology was pushed to defeat German cipher machines. Historians agree that these decoded messages shortened World War II by about two years, perhaps denying Nazi Germany the time needed to develop nuclear weapons. This specific Enigma also boasts a noteworthy modern history—it was sold by Bonhams in 2015 to notorious ‘pharma bro’ and hedge fund founder Martin Shkreli, then subsequently seized by New York state tax officials and sold by Sotheby’s in their December 2017 ‘History of Science and Technology’ auction. In a 2016 Vanity Fair profile, Shkreli, who had recently founded Turing Pharmaceuticals, discussed the machine: ‘I bought an Enigma machine. I’m conflicted because it’s a Nazi relic. It’s like owning a gas chamber—like, what the fuck?—but it’s a constant reminder that we should use knowledge for good, even if the process is ugly. From the Pythagorean theorem to Fermat’s theorem, the math is ugly, but if you hold your nose during the process of proving it, you get to the right place.’ As a mostly functional example of the German military’s famed Enigma machine—with unusual provenance—this is a highly sought-after example of cryptographic and WWII history.
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FULLY FUNCTIONAL WORLD WAR II-ERA GERMAN ENIGMA I CIPHER MACHINE IN A RARE PANZERHOLZ CASE, AS USED BY THE LUFTWAFFE LOT 2016 Enigma I Military-Issue Cipher Machine in Rare Panzerholz Case, with Standard Oak Case (c. 1943, Fully Operational) Starting Bid $25,000 Museum-quality, fully functional three-rotor Enigma I electromechanical cipher machine made for the German military in Munich by Ertel-Werk für Feinmechanik in 1943 during World War II, with serial number plate reading: “A 00673/bac/45E.” Based on the chassis of the commercial Enigma D, the Enigma I machine was the standard Enigma machine used by the German military throughout the war. It features an ebonite Steckerbrett [plugboard] on the front, which was exclusive to the German armed forces and exponentially increased the complexity of the code. This version of the Enigma is sometimes referred to as the Heeres [Army] Enigma, Wehrmacht Enigma, or Luftwaffe Enigma due to its military-specific application. The rare dark green Panzerholz case is most often associated with the Luftwaffe, though the Army also used the machines. Remarkably, the case remains fully intact, complete with its sliding plugboard protector plate—which are almost never seen—as well as the “Zur Beachtung” instruction card for cleaning, use, and troubleshooting, and inner lid compartment with ten spare lightbulbs. In addition to the rare Panzerholz case, the machine includes a restored original oak Enigma I transport case. The machine
can easily be unbolted from the Panzerholz case for installation in the oak case, creating a more traditional presentation for display. The three included rotors—marked as “I,” “II,” and “III”—are matching with “A0063/43E” serial numbers. Though the serial numbers of the Enigma machines and their rotors matched when issued, mismatches are typical of field-used machines. Rotors were often swapped out at German communication outposts as they were interchangeable and not dedicated to specific machines. Beginning in 1937, Enigma machines were issued with five rotors in order to increase their cryptographic security. Those machines already in use by the military were issued rotors “IV” and “V.” The present rotors demonstrate a progression in design, which changed as resources became scarce over the course of the war. The earliest Enigma rotors featured an all-metal construction, while those produced during World War II had Bakelite thumbwheels and ratchet wheels. With aluminum thumbwheels and Bakelite ratchet wheels, these rotors represent an in-between step in this progression. Each rotor can display one of its 26 numerals through the three windows in the machine’s cover. They have spring-loaded brass contacts on the sides corresponding to each of the 26 numbers, and they may be arranged in any order on the internal shaft. The specific settings of the rotors and plugboard were determined on a daily basis via a secret codebook that allowed the German forces to synchronize their Enigma machines.
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LOT 2016 The Enigma machine has a standard German “QWERTZ” keyboard with 26 white-on-black keys, with matching “QWERTZ” lighted display. When a key is pressed, the corresponding encoded letter—as determined by the specific arrangement of the rotor wheels and plugboard—is illuminated. The rightmost rotor steps once each time a key is pressed. At an adjustable point it triggers the middle rotor to step, and so on. Through this mechanism, an easily crackable simple substitution cipher is avoided—letters are not encoded the same way twice. An encoded message would be written down and transmitted, usually via radio telegraph (a standard World War II-era German Wehrmacht Baumuster T1 telegraph key is included with this machine). In order to decode a message, the Enigma machine on the receiving end would have to be set up with the plugboard and rotor wheels in the same pattern as the sending Enigma: when the encoded message was typed in, the decoded letters would light up, revealing the secret message one character at a time. Since no original batteries have survived, this machine has been modified to use a modern battery pack; it operates at full functionality. Includes a reprint of the Enigma operator manual and some relevant modern literature discussing the Enigma. First patented in 1918 by Arthur Scherbius, the Enigma machine was developed for use in the transmission of confidential information: in addition to its obvious military and diplomatic applications, the machine found commercial use for the encryption of sensitive financial data. The German military adopted the Enigma as its primary cipher in 1926, after learning that the British had intercepted and interpreted coded German naval messages during World War I. Amidst the subsequent buildup of German forces, Poland felt particularly vulnerable—having been ceded disputed border territories by the Treaty of Versailles—and sought to crack the Enigma. Genius Polish codebreakers—led by Marian Rejewski, Jerzy Rozycki, and Henryk Zygalski—developed techniques for the decryption of Enigma code, and turned over their research to Allied counterparts after Germany’s 1939 invasion of Poland. Alan Turing and the other brilliant code breakers at Bletchley Park continued their important work, speeding up the time it took to decode Enigma messages. The code breaking efforts at Bletchley Park led to the development of the world’s first computers as technology was pushed to defeat German cipher machines. Historians agree that these decoded messages shortened World War II by about two years, perhaps denying Nazi Germany the time needed to develop nuclear weapons. An exemplary, fully functional example of wartime cryptographic tech, this represents one of the most important tools of German military communication during World War II, its intricate encryption posing a formidable challenge to the Allies. Rare in both condition and configuration, it embodies the technological and historical significance of the cipher whose cracking at Bletchley Park helped alter the course of the war.
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“ONLY ISSUE IN CASE OF WAR MOBILIZATION!”
—a well-preserved example of the Swiss successor to the Enigma machine LOT 2017 Swiss NEMA Model 45 Cipher Machine Successor to Enigma Starting Bid $1,000 Well-preserved original Swiss NEMA Model 45 cipher machine, serial no. TD-706, developed by Zellweger AG in Uster, Switzerland, during World War II as a replacement for the German Enigma Model K that was being used by the Swiss Army. The machine is also known as T-D, which stands for Tasten-Drücker Maschine (key-press machine). The electro-mechanical wheel-based cipher machine features ten wheels: four electrical rotors with 26 contacts at each end, one electrical reflector with 26 pairwise cross connected contacts, and five drive wheels that control the stepping of the rotors and reflector. The stepping mechanism is adjustable and irregular, making the machine much less predictable than its predecessor—and therefore far more difficult to crack. This NEMA machine was stored away to be used in the event of a war—the three-language label on the lid reads (translated), “Only issue in case of war mobilization!” Accompanied by an operator’s manual as well as two original keys to the metal NEMA carrying case, both engraved “TD 706.” Two spare rotors are stored in the lid, as are the original external power cord and external lamp panel. Also includes a modern battery pack which, when connected to the 4-volt posts, powers the machine to about 75% good working order (occasional key presses do not result in a lighted encoded letter). The device is in excellent cosmetic condition, with only minor signs of wear to the case. During WWII, the Swiss Army used a modified version of the German-made commercial Enigma Model K machine. After the Swiss discovered that their Enigma K traffic was being
read by both the Allied forces and the Germans, they started the development of their own improved machine, which they called NEMA, derived from “NEue MAschine [NEw MAchine].” The NEMA cipher machine was developed between 1941 and 1943, and the first prototype was ready in early 1944. After a few modifications and improvements, the machine was finally approved in March 1945. Production started in 1946, with the first machines entering service in 1947. The NEMA was used by the Swiss Army in the years following WWII, and by the Swiss Diplomatic Service. The NEMA was officially declassified in 1992.
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PORTABLE M-209 CIPHER MACHINE,
AS USED BY AMERICAN TROOPS ON THE FRONT LINES IN WWII LOT 2018 WWII-era M-209-B Cipher Machine Starting Bid $200 Desirable World War II–era American M-209-B mechanical pin-and-lug cipher machine, measuring 7.25˝ x 5.25˝ x 3.5˝, identified on the plate on the top of the case: “Signal Corps, U.S. Army, Converter M-209-B, Serial No. 9411, Order No. 12453-PHILA-42, Supplied by L. C. Smith & Corona Typewriters, Inc., Syracuse, N.Y.” Held inside the top of the case are the oiler, paper tape, and tweezers, with the screwdriver missing. Housed in its the original olive drab canvas carrying bag, marked “M-209-B” on the front, with the front pocket containing a telegraph key of Japanese manufacture and a cardstock “International Morse Code” key. The M-209 is a portable hand-operated mechanical cipher machine initially developed in the late 1930s by the entrepreneur and inventor, Boris Hagelin. Hagelin fled Sweden for the United States at the outbreak of WWII and worked with the US Military to refine his cipher machine design. The M-209 was the result of this collaboration and the machine would be
used by the US during WWII, as well as many other countries for decades after the end of the war. The relationship between Hagelin and the US goes much deeper than the collaborations during WWII: a February 2020 article in the Washington Post detailed the secret relationship Hagelin had with the CIA and German Intelligence services. The development of the M-209 led to one of the biggest intelligence operations in CIA history, known as ‘Operation Rubicon.’ In this operation the CIA used their secret technique to allow them to read all of the M-209 and other Hagelin cipher machine-enciphered messages until 2018. This rotor-based cipher machine does not require electricity and is lightweight and durable, making it perfectly suited for tactical front line use. While the code generated by the M-209 was not as strong as the Enigma code, and could sometimes be read within 4 to 24 hours by the Germans, it was considered secure enough for tactical messages that were of no value after that length of time. The key is set by using the six adjustable cipher wheels with moveable lugs. Text is entered letter-by-letter using the selector wheel on the left side, and the encoded output letter is printed on the narrow paper strip.
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THE SOVIET UNION’S COLD WAR ANSWER TO ‘ENIGMA’ —a scarce Fialka cipher machine, with its rare power supply providing anti-spy TEMPEST countermeasures
LOT 2019 Fialka M-125 Cipher Machine with Rare BPK-125 Power Supply - Providing Anti-Spy TEMPEST Countermeasures Starting Bid $2,500 Scarce original Cold War-era Polish M-125 cipher machine, codenamed ‘Fialka,’ in its metal case, with a separate BPK-125 power supply, developed with TEMPEST countermeasures. The cipher machine’s case measures 11? x 13? x 9?, and is stenciled on the front with a serial number, “25749,” with identification plate below: “No. 25749, 18??-24?.” The rare BPK-125 power supply measures 6.5˝ x 7.5˝ x 11˝, and carries an identification plate on the top: “N. 98-443943, ???-125 8.5??, ~100…250?, 50/400??.”
time a key is pressed, creating a new electrical circuit and an alphabetic substitution for the letter that was pressed. However, the Fialka incorporates a number of different features from the Enigma that made it a much more daunting cipher-generating machine. These features include the use of 10 rotors (each with 30 contacts), wheels rotating in opposite directions, more frequent wheel stepping, and a ‘magic circuit’ which allows a letter to be encoded as itself—all leading to a more complex code that is more difficult to crack. Input and output from the machine could be accelerated via the use of punched paper tape, a spool of which is included. This example has ten rotors installed in the device’s drum and an additional set of spare rotors stored inside the lid (in their original canister). The wheels would be arranged on the rotor spindle based on a daily key, as with the Enigma.
The Fialka was subject to exploitation by enemy agents, as they could pick up electrical signals emanating from the machine—a phenomenon known in the Western world as TEMPEST—possibly leading to the unintentional disclosure of sensitive information. The BPK-125 prevented data from leaking out via power lines by using five switchable dummy loads (one for each data bit) and injecting noise into the power line. The power supply retains its original power cables, housed within a hinged compartment on the side, as well as its plain metal faceplate cover.
Being regularly produced starting in 1956, the Fialka quickly became a primary cipher machine for all of the Warsaw Pact countries and Cuba. Each country had the Fialka keyboard modified to their language—this example has Cyrillic and Latin characters—and had specially wired rotors. The Fialka was in use by Russia and its allies well into the 1990s, and very little information was available about this machine until 2005 as it had been kept secret. Few Fialka machines remain as they were systematically destroyed by the Soviet Union and its successors as the machines were taken out of service.
The Fialka is an electromechanical, wheel-based codegenerating and decoding machine. Its development came after World War II, and was based loosely on the German Enigma machine, with rotors moving to a new position each
In fine cosmetic, functional condition. Accompanied by a detailed reference manual in English, compiled by Paul Reuvers and Marc Simons. An important piece of Cold War code-making history.
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LOT 2020 R-353 Proton Burst Encoder and Tape Cartridge Starting Bid $200 R-353 Proton burst encoder and magnetic tape cassette, introduced in the Soviet Union in 1969 as part of the R-353 spy radio set. The burst encoder measures approximately 4˝ x 3˝ x 1.5˝, and features a central black number dial similar to a rotary phone. Using a stylus stored inside the lid to rotate the dial, a message would be encoded onto magnetic tape. The tape cartridge measures 4˝ x 2˝ x 1˝ and has two small fold-out cranks for winding the tape on its internal spools. Both pieces
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are painted in the original gray hammerite paint, one of two colors used for the R-353 Proton spy radio set. Both include their canvas transport bags. Housed in the original box with Soviet inspection certificate affixed on the top, along with an accompanying replacement spring set and apper test strip. Once encoded, the tape cartridge would be loaded onto an R-353 transmitter, which would broadcast the Morse code message at a very high speed (typically 250 WPM) in order to avoid interception and radio direction finding (RDF). The tape cartridge, with a pre-coded message, could also be placed as a dead drop—eliminating any possibility of exposing an agent through RDF.
LOT 2021 Mysterious Miscellany Coins, Tokens, and Timepieces Starting Bid $200 Group of eight coins, tokens, and timepieces affiliated with cipher machines, code breaking, and spycraft, measuring from 1˝ to 2˝ in diameter, including: a pocket watch with a 2˝ white
dial, marked “Enigma”; a 10 Zlotych Polish coin minted in 2007, celebrating the 75th anniversary of breaking the Enigma code; a 2 Zlotych Polish coin minted in 2007, celebrating the 75th anniversary of breaking the Enigma code; an American National Security Agency token with a cipher wheel on the reverse; a Russian token coin depicting a Fialka rotor on one side; a black clay medallion portraying encryption machine inventor Boris Hagelin; a token depicting Fritz Berendsen; and a pocket watch–style ‘Pocket Decoder’ cipher wheel by TheCachingPlace.com. In overall fine condition.
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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. . 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 re-offering 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 reasonably 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 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. 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. 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) 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 Bid-
der’s property in their possession.
Rights Reserved
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.
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 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. The states that are affected are: ARIZONA, ARKANSAS, CALIFORNIA, COLORADO, CONNECTICUT, FLORIDA, GEORGIA, ILLINOIS, INDIANA, IOWA, KANSAS, KENTUCKY, MAINE, MARYLAND, MASSACHUSETTS, MICHIGAN, MINNESOTA, NEBRASKA, NEVADA, NEW JERSEY, NEW YORK, NORTH CAROLINA, OHIO, OKLAHOMA, PENNSYLVANIA,RHODE ISLAND, TENNESSEE, TEXAS, UTAH, VIRGINIA, WASHINGTON, WISCONSIN If we have not achieved nexus in a particular state it is still your responsibility to pay sales tax on your purchases. 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%. 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. 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. All duties, customs, and any other import charges are the responsibility of the bidder. 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
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 ”do-not-call” regulations promulgated by the Federal or State regulatory agencies, participation by the Bidder is affirmative consent to being contacted at the phone number shown in his application and this consent shall remain in effect until it is revoked in writing. RR Auction may from time to time contact Bidder concerning sale, purchase, and auction opportunities available. 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. Section 12 RR Auction’s Remedies 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 sub-part (a) are necessary to compensate RR Auction for such damages); (b) resell the property without reserve at public auction or privately; (c) charge the Bidder interest on the Purchase Price at the rate of one and one-half percent (1.5%) per month or the highest allowable interest rate; (d) take any other action that RR Auction, in its sole discretion, deems necessary or appropriate to preserve and protect RR Auction’s rights and remedies. Should RR Auction resell the property, the original defaulting Bidder shall be liable for the payment of any deficiency in the purchase price and all costs and expenses associated there with, including but not limited
to warehousing, sales-related expenses, reasonable attorney fees and court costs, commissions, incidental damages and any other charges due hereunder which were not collected or collectable. In the event that such Bidder is the successful Bidder on more than one lot and pays less than the purchase price for the total lots purchased, RR Auction shall apply the payment received to such lot or lots that RR Auction, in its sole discretion, deems appropriate. If RR Auction does not exercise such discretion, the lots to which the payment shall be applied will be in descending order from the highest purchase price to the lowest. Any Bidder failing to comply with these Conditions of Sale shall be deemed to have granted RR Auction a security interest in, and RR Auction may retain as collateral such security for such Bidder’s obligations to RR Auction, any 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. Section 13 Warranties 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. 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 14 Firearms RR Auction complies with all Federal and State rules and regulations relating to the purchasing, registration and shipping of firearms. A Bidder is required to provide appropriate documents and the payment of associated fees, if any. Bidder is responsible for providing a shipping address that is suitable for the receipt of a firearm.
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.
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.
(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.
Section 18
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:
Section 19 Entire Agreement
(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.
Headings Headings are for convenience only and shall not be used to interpret the substantive sections to which they refer.
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. 20.3 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. 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. 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. 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. 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: For Residents of California: 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. 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.
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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MARVELS OF MODERN MUSIC AUTOGRAPHS & ARTIFACTS SCIENCE & TECHNOLOGY STEVE JOBS & APPLE
www.RRAuction.com
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(603) 732-4280
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Boston, Massachusetts