Northwest Africa 5000 Lunar Meteorite
“The Perigee”
Lot 8001
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www.RRAuction.com
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April 16, 2020
Northwest Africa 5000 LUNAR METEORITE Certified Weight: 702.89 grams
“The Perigee”
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Dimensions: 245mm x 218mm x 8mm Rating: 24.8 of 25 points Classification: Unique feldspathic, metal-bearing breccia from the Lunar Highlands
PRESENTING NORTHWEST AFRICA 5000: We are offering, for the first time ever at auction, a complete slice of Northwest Africa 5000 (NWA 5000) from this impeccable lunar meteorite, unearthed in the Western Sahara desert in July 2007. By the standards of a meteorite scale developed by Dr. T.E. Bunch, NWA 5000 is the highest-rated lunar meteorite in existence with a near perfect 24.8 out of a possible 25 points. Bunch possesses a PhD in Space Science with 31 years research experience at NASA, Ames Research Center and has studied Apollo returned Moon rocks, published over 100 peer-reviewed meteorite related papers and has classified over 900 meteorites making him an absolute authority on the subject. He compared NWA 5000, using five areas of criteria, to Apollo mission returned Moon rocks and all other significant lunar meteorites in the lunar depository and determined that none exceed a 21 rating firmly placing NWA 5000 in the number one position with a solid 24.8. Adam Hupé, the original founder of The Hupé Collection which evolved into The Von Hupé Planetary Collection and the official/original main mass holder listed in the Meteoritical Bulletin chose RR Auctions to present this 702.89 gram complete slice to the public. This is the very first, only, and last time a complete slice from NWA 5000 will be put up for auction from the original source. Mr. Hupé who meticulously managed and curated NWA 5000 from the very beginning saved the very finest example for last. He held this slice back because, in his opinion, although it was a difficult choice since all the slices are magnificent, it represents the best of the best. This professionally prepared, parallel cut and diamond lap polished, fusion crusted 245 mm X 218 mm X 8 mm complete slice was cut deep within the middle of the meteorite which guarantees it is among the most pristine examples available. Mr. Hupé aptly named this slice the “Perigee,” the point in the orbit of the moon at which it is nearest to the earth. You cannot get any closer to the earth than actually touching down on it. NWA 5000 has been highly coveted in the time since its discovery, earning many monikers, to name a few, “A Cosmic Masterpiece,” “A Real Miracle,” “The Mona Lisa of Moon Rocks,” and “The Rock,” by research scientists who usually speak in terms confined to their specific disciplines. The consensus among research scientists, museums and collectors alike is that the aesthetic and scientific qualities of NWA
5000 are widely recognized and admired. For example, Abstract no. 5231, N. Artemieva, Planetary Science, Institute for Dynamics of Geospheres, RAS, Russia said in a scientific abstract that “NWA 5000 is a real miracle.” Scientists do not usually use terms like this in formal scientific abstracts but, then again, NWA 5000 is not usual by any means–Yale Peabody Museum said, “Arguably, the most desirable lunar meteorite in the world [at that time].
The complete NWA 5000 mass, from which this slice originated, weighed a tremendous 25 lbs. 6.6 oz. (11,528 grams). RARITY: Twelve complete slices in all were cut from the main mass, five of which were cut into smaller pieces, leaving only seven intact complete slices. Six of the seven slices were sold privately to some of the world’s wealthiest, most discerning meteorite collectors, and this is the seventh and final complete slice to originate directly from the Von Hupé Planetary Collection. Most meteorites break up during atmospheric entry or weather into fragments creating multiple stones called pairings. All indications are that NWA 5000 came in as a single mass with no pairings. This complete slice is the firstever to come to auction, and more than likely will be the last ever made available for public sale.
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“Not only did NWA 5000 originate from the Moon, its striking gray-scale matrix most closely approximates the appearance of Moon, perhaps more so than any other lunar meteorite.”
ORIGINS, THE MOON: Northwest Africa 5000 was originally part of the Moon. In order to comprehend the history of this lunar meteorite, we must first understand the origin of our nearest celestial neighbor. The most accepted theory of how the Moon was created is referred to as the “Giant Impact” theory. Most scientists believe the Moon was created when a planet-sized body named “Theia” impacted the Earth. This happened 2 | April 16, 2020 | www.RRAuction.com
during the very early history of the Earth about 4.5 billion years ago. The impacting body was destroyed during the collision, ejecting material from itself as well as Earth into space. The fragments from this event were trapped by the Earth’s gravity, orbiting initially as a large array of debris. Through a gravitational process called accretion, some of the pieces were brought back together to form the Moon, and the rest were re-accreted to Earth.
Another view of the crisp junction between the fusion crust and the matrix. We know from remote observation and the Luna/Apollo missions that there are two main classes of rocks from the Moon. The first type is referred to as “mare” (meaning “sea), pertaining to the darker areas of the Moon mainly composed of ancient (3.0 to 3.8 billion year old) basalt lava flows. The second type referred to as “highlands,” pertains to the lighter colored areas of the Moon mainly composed of feldspar-rich anorthosite rocks. NWA 5000 is a fascinating highlands-monomict gabbroic breccia (meaning a type of rock mainly made of related fragments of gabbro). The Moon is believed to be about 4.5 billion years old and about 600 million years during its early history was bombarded by pieces left over from the formation of the planets. The next period of NWA 5000’s existence was relatively quiet until a massive impact event occurring around 3.2 billion years ago created a giant melt sheet of a type of rock referred to as gabbro.
NWA 5000’s aesthetic qualities are widely recognized and admired.
The impacting body left exotic material in this Lunaite, solving the mystery of why there is metal embedded in the gabbro clasts, (something that was never observed before NWA 5000 was studied). Another asteroid impact around 600 million years ago was mostly responsible for producing NWA 5000’s distinctive brecciated matrix as well as bringing this rock to the surface of the Moon. This is where it was exposed to the solar wind, which implanted hydrogenrich gas bubbles into the matrix.
Shock-darkened areas and vesicles recording the impact event which ejected NWA 5000 off of the Moon. Northwest Africa 5000 Lunar Meteorite | 3
“If Apollo 13 had been a successful mission and if this rock were brought back from the Moon by astronauts, its proportionate cost would be enormous...Much more than that of flawless diamonds.” FROM THE MOON TO THE EARTH: Another impact event ejected this rock from the Moon and created the crosscutting, thin glass veins. According to ongoing studies, this happened around two thousand years ago. After floating around in space for millennia, NWA 5000 intercepted the Earth’s orbit and was pulled in by its gravity. At first, it was probably the size of a basketball. When it hit the Earth’s atmosphere at cosmic velocity (an estimated 11–30 kilometers per second) the surface began to heat up. As it heated up, it gave off light, making it a meteor or “fireball.” At this point, material began to ablate from its surface and spalled off as a glowing trail of ionized gas and dust. During this entry phase into the atmosphere it lost about half of its mass, becoming the size of a bowling ball. Eventually the Earth’s atmosphere, acting as a brake, slowed it down to about 300 kilometers per hour at about 12–16 km altitude, arresting the ablation process. Most meteoroids do not survive this part of the trip thus never becoming meteorites. NWA 5000 then dropped to Earth only under the influence of gravity about 1,000 years ago, landing in the desert of the Western Sahara to await its discovery in 2007. 4 | April 16, 2020 | www.RRAuction.com
Dr. Donald Brownlee, of NASA Stardust Mission fame, holding the uncut NWA 5000 meteorite in triumph over his head.
Rare area of translucent fusion crust.
DISCOVERY: This celestial masterpiece lay undisturbed for centuries deep in the world’s largest and hottest desert, the Sahara, until the Summer of 2007, when it was recovered by some very fortunate hunters of treasure. Acquired by the well-respected Von Hupé Planetary Collection—from which this slice is now presented—this meteorite is one of the dimensionally largest and heaviest weight-certified intact lunar meteorites ever found. Originally weighing in at an impressive 11.528 kilograms intact, it also holds the title of the largest intact Moon rock from the ancient Lunar Highlands.
Impeccably prepared complete slice exhibiting excellent surface-to-weight ratio.
Image of the mysterious metal in gabbro which is the first and only time ever observed here on Earth.
ANALYSIS: Scientists were permitted to select their own type specimen, and a repository amount of 40 grams was committed in advance of the official name Northwest Africa 5000 being assigned by the international Meteoritical Society. The meteorite was first studied, confirmed as a lunar meteorite and classified by the University of Washington in Seattle, WA. Washington University in St. Louis and Carnegie Institution in Washington D.C. soon provided additional confirmation of its lunar provenance by way of bulk elemental analysis and oxygen isotope testing. Several more laboratories including Berkeley Geochronology Center, Berkeley Space Sciences Laboratory, Purdue University, ETH-Zurich, University of Arizona, Lawrence Livermore National Laboratory, the Vatican Observatory and National High Magnetic Field Laboratory at Florida State University have helped to decode the extraterrestrial history of this exceedingly rare meteorite from the Moon.
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Some may ask “Why all of the fuss, aren’t we just talking about a rock?” The answer is simple “A diamond is also just a rock but nowhere near as rare, complex or scientifically important as a rock from our nearest celestial neighbor, the Moon.”
Dr. Anthony Irving, NWA 5000 Classifying Scientist, University of Washington with Moonwalker, Charles Duke presenting the “Ambassador Slice” at a promotional event for the Planetary Studies Foundation in Chicago.
SCIENTIFIC VALUE: Northwest Africa 5000 is scientific treasure trove. Scientists, being sample oriented, are less concerned with where a Moon rock was found and are more concerned with where it came from—in this case, the Moon. It is unique among lunar meteorites and Apollo returned samples from the Moon, and the only highlands gabbro available for study. Recorded in its exclusive matrix are several geological events providing priceless historical insights into our nearest celestial neighbor, the Moon. The high metal content, observed as clasts, have been attributed to a foreign impactor (another meteorite) and are processed material from the inner So-
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Astronaut Charles M. Duke Jr. is photographed collecting lunar samples during the first Apollo 16 EVA
lar System. The siderophile element (metal alloy) fractionation pattern does not fit any known iron meteorite group according to the National High Magnetic Field Laboratory & Dept. of Geological Sciences, Florida State University. This would place this extraordinary alloy, very rarely found in lunar meteorites, in the category of being one of the rarest, if not the rarest naturally occurring substance on Earth and these metal clasts are up to a googolplex times rarer than diamonds by weight. NWA 5000 is well-studied with 19 peer-reviewed and published scientific papers and more in progress. It will continue to be studied well into the future.
First complete slice of NWA 5000 being mounted in a hermetically sealed, nitrogen filled display ring
METICULOUS PREPARATION: The original preparation session was quite daunting, and only after studying a very accurate casting for weeks and crunching the numbers was the Von Hupé Planetary Collection’s team able to proceed with the initial cuts. The decision was made to withhold an end-cut large enough to cut into enough specimens in order to satisfy the collector market, yield the world’s largest complete lunar slice, and maintain an impressive main mass for display purposes. This would require a flawless execution since the tolerances were within a few millimeters of reaching calculated preset limits. After careful consideration, a more rigid, precision diamond lapidary saw was chosen to perform the initial main cuts even though this would increase preparation costs which were already enormous. The freshly balanced, calibrated and sterile saw performed flawlessly, leaving no tell-tale cutting marks. The flat surfaces (referred to as windows) were then polished by hand using diamond grit to achieve maximum contrast. Overall specimen preparation is outstanding with all cut surfaces exhibiting the best finish humanly possible.
MULTIPLE MUSEUM PROVENANCES AND EXHIBITIONS: The main mass of Northwest Africa made its debut at the Royal Ontario Museum from December 20th, 2008 to April 15th, 2009, at which time it was the largest intact lunar meteorite ever placed on public display. Prominently exhibited in its own 11 x 8 x 2 feet display at the very front and center for the grand opening of the new Teck Suite of Galleries: Earth’s Treasure. It was immensely popular as patrons viewed it both on the way in and once again upon exiting. An insurance value of $9,610,000.00 was set far below its conservative appraised value of $15,376,000.00 when the complete meteorite weighed 9,610 grams. Northwest Africa 5000 was also exhibited at the Yale Peabody Museum of Natural History where it was claimed to be, “arguably, the most desirable lunar meteorite in the world [at that time].” Several other noteworthy museums have integrated partial slices of NWA 5000 into their permanent displays. A 575gram complete slice referred to as the “Ambassador,” which is smaller than the example being offered here, was used as a centerpiece at Chicago’s Field Museum by Apollo 16 Moonwalker Charlie Duke to promote future missions to the Moon. Word leaked out about NWA 5000’s discovery before it was publicly announced, although it was kept as a tight-lipped secret for months, due to security concerns. A picture of Dr. Donald Brownlee, lead scientist for the NASA Stardust Mission, holding NWA 5000 over his head in triumph, circulated throughout NASA. Many at the National Aeronautics and Space Administration were just as excited about NWA 5000 as The Von Hupé Planetary Collection members, referred to as, “Team LunarRock” when on expedition. This was before this lunar meteorite was made official or received its nomenclature making scientists refer to it as, “The Rock,” and it was widely discussed at NASA and in the laboratories. Accompanied by its own portfolio, custom fitted Pelican case with safe deposit box insert for added safety and security, a metal identification tag, color identification card and certificate of authenticity from the Von Hupé Planetary Collection.
NWA 5000 on display at the Royal Ontario Museum Northwest Africa 5000 Lunar Meteorite | 7
FIRST TIME EVER AT AUCTION, A COMPLETE SLICE OF THE HIGHLY DESIRABLE NWA 5000
BIDDING CLOSES APRIL 16, 2020 THE 30-MINUTE RULE BEGINS AT 7 PM EST BID BY INTERNET Online bidding on the NWA 5000 Meteorite is available through www.RRAuction.com.
Stunning breccia mantles, thicker on the bottom due to the Moon’s weak gravity during matrix cooling, are responsible for lending the 3D appearance to cut flat surfaces. The optical illusion is even more apparent when viewed in person.
BID BY PHONE To bid by phone please contact Sue Recks at 603-732-4280. QUESTIONS If you have questions about this item, please contact Tricia Eaton at Tricia.Eaton@RRAuction.com
TO VIEW THE ENTIRE SPACE AUCTION, PLEASE VISIT WWW.RRAUCTION.COM
Yet another view of the finest slice of NWA5000, exhibiting features that arguably makes NWA 5000 one of the most desirable lunar meteorites in existence. 8 | April 16, 2020 | www.RRAuction.com
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RR Auction shall have a lien against the merchandise purchased by the Bidder to secure payment of the Auction invoice. RR Auction is further granted a lien and the right to retain possession of any other property of the Bidder then held by RR Auction or its affiliates to secure payment of any Auction invoice or any other amounts due RR Auction or affiliates from the Bidder. With respect to these lien rights, RR Auction shall have all the rights of a secured creditor, including but not limited to the right of sale. In addition, with respect to payment of the Auction invoice(s), the Bidder waives any and all rights of offset he might otherwise have against RR Auction and the consignor of the merchandise included on the invoice (the “Consignor”). If a Bidder owes RR Auction or its affiliates on any account, RR Auction and its affiliates shall have the right to offset such unpaid account by any credit balance due Bidder, and it may secure by possessory lien any unpaid amount by any of the Bidder’s property in their possession. Sales Tax: RR Auction is a remote seller and we are now required to collect Sales/Use Tax from our bidders. The states that we have nexus in we will be required to collect and remit sales tax on your behalf. Each state has different requirements to meet nexus. When RR Auction has achieved a certain monetary and/or invoice threshold in each state we will apply sales tax to your total invoice. Please go to our Sales Tax page on our website to see the states that are affected at https://www.rrauction.com/Sales-Taxes 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. Delivery, Shipping and Handling Charges: Bidder is liable for shipping and handling. 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. Title: Title shall not pass to the successful Bidder until all invoices 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. Rights Reserved: RR Auction reserves the right to withdraw any lot before or at the time of the Auction, 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 or postponement under any circumstances. RR Auction reserves the right to refuse to accept bids from anyone. Conducting the Auction: 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. 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 Auction’s 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. 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. 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. 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 default. In such event, RR Auction may, in addition to any other available remedies specifically including the right to hold the defaulting Bidder liable for the Purchase Price or to charge and collect from the defaulting Bidder’s credit or debit accounts as provided for elsewhere herein: (a) cancel the sale, retaining any payment made by the Bidder as damages (the Bidder understands and acknowledges that RR Auction will be substantially damaged should such default occur, and that damages under sub-part (a) are necessary to compensate RR Auction for such damages); (b) resell the property without reserve at public auction or privately; (c) charge the Bidder interest on the Purchase Price at the rate of one and one-half percent (1.5%) per month or the highest allowable interest rate; (d) take any other action that RR Auction, in its sole discretion, deems necessary or appropriate to preserve and protect RR Auction’s rights and remedies. Should RR Auction resell the property, the original defaulting Bidder shall be liable for the payment of any deficiency in the purchase price and all costs and expenses associated there with, including but not limited to warehousing, sales-related expenses, reasonable attorney fees and court costs, commissions, incidental damages and any other charges due hereunder which were not collected or collectable. In the event that such Bidder is the successful Bidder on more than one lot and pays less than the purchase price for the total lots purchased, RR Auction shall apply the payment received to such lot or lots that RR Auction, in its sole discretion, deems appropriate. If RR Auction does not exercise such discretion, the lots to which the payment shall be applied will be in descending order from the highest purchase price to the lowest. Any Bidder failing to comply with these Conditions of Sale shall be deemed to have granted RR Auction a security interest in, and RR Auction may retain as collateral such security for such Bidder’s obligations to RR Auction, any property in RR Auction’s possession owned by such Bidder. RR Auction shall have the benefit of all rights of a secured party under the Uniform Commercial Code (U.C.C.) as adopted by the Commonwealth of Massachusetts. Warranties: RR Auction does not provide any warranties to Bidders, whether expressed or implied, beyond those expressly provided in these Conditions of Sale. All property and lots are sold “as is” and “where is”. By way of illustration rather than limitation, neither RR Auction nor the Consignor makes any representation or warranty, expressed or implied, as to
merchantability or fitness for intended use, condition of the property (including any condition report), correctness of description, origin, measurement, quality, rarity, importance, exhibition, relevance, attribution, source, provenance, date, authorship, condition, culture, genuineness, value, or period of the property. Additionally, neither RR Auction nor the Consignor makes any representation or warranty, expressed or implied, as to whether the Bidder acquires rights in copyright or other intellectual property (including exhibition or reproduction rights) or whether the property is subject to any limitations or other rights. RR Auction does not make any representation or warranty as to title. All descriptions, photographs, illustrations, and terminology including but not limited to words describing condition (including any condition reports requested by Bidder, see also Terminology), authorship, period, culture, source, origin, measurement, quality, rarity, provenance, importance, exhibition, and relevance, used in the Catalog, bill of sale, invoice, or anywhere else, represent a good faith effort made by RR Auction to fairly represent the lots and property offered for sale as to origin, date, condition, and other information contained therein; they are statements of opinion only. They are not representations or warranties and Bidder agrees and acknowledges that he or she shall not rely on them in determining whether or not to bid or for what price. Price estimates (which are determined well in advance of the Auction and are therefore subject to revision) and condition reports are provided solely as a convenience to Bidders and are not intended nor shall they be relied on by Bidders as statements, representations or warranties of actual value or predictions of final bid prices. Bidders are accorded the opportunity to inspect the lots and to otherwise satisfy themselves as to the nature and sufficiency of each lot prior to bidding, and RR Auction urges Bidders to avail themselves accordingly. All lots sold by RR Auction are accompanied by an Auction Certificate (“AC”). On any lot presented with an AC issued by RR Auction, the certification is only as to its attribution to the person or entity described or to the lot’s usage and only as explicitly stated therein (the “Certification of Authenticity”), to the exclusion of any other warranties, express or implied, including but not limited to those pursuant to the Uniform Commercial Code. The Certification of Authenticity inures only to the original Bidder (as shown in RR Auction’s records). Bidder may not transfer, assign, or otherwise convey the Certification of Authenticity, and such purported transfer, assignment, or conveyance shall be null and void. The Certification of Authenticity is valid from date of the Auction in which Bidder was awarded the lot (the “Auction Date”) until five (5) years after the Auction Date, without exception. FIREARMS. RR Auction complies with all Federal and State rules and regulations relating to the purchasing, registration and shipping of firearms. A Bidder is required to provide appropriate documents and the payment of associated fees, if any. Bid-
der is responsible for providing a shipping address that is suitable for the receipt of a firearm. Limitation of Damages: In the event that RR Auction is prevented for any reason from delivering any property to Bidder, or Bidder is otherwise dissatisfied with the performance of RR Auction, the liability, if any, of RR Auction, shall be limited to, and shall not exceed, the amount actually paid for the property by Bidder. In no event shall RR Auction be liable for incidental, special, indirect, exemplary or consequential damages of any kind, including but not limited to loss of profits, value of investment or opportunity cost. Unauthorized Statements: Under no circumstances is any employee, agent or representative of RR Auction authorized by RR Auction to modify, amend, waive or contradict any of these Conditions of Sale, any term or condition set forth on a registration form, any warranty or limitation or exclusion of warranty, any term or condition in either the Registration Form or these Terms and Conditions regarding payment requirements, including but not limited to due date, manner of payment, and what constitutes payment in full, or any other term or condition contained in any documents issued by RR Auction unless such modification, amendment, waiver or contradiction is contained in a writing signed by all parties. Any statements, oral or written, made by employees, agents or representatives of RR Auction to Bidder, including statements regarding specific lots, even if such employee, agent or representative represents that such statement is authorized, unless reduced to a writing signed by all parties, are statements of personal opinion only and are not binding on RR Auction, and under no circumstances shall be relied upon by Bidder as a statement, representation or warranty of RR Auction. Bidder’s Remedies: Under no circumstance will RR Auction incur liability to a Bidder in excess of the purchase price actually paid. This section sets forth the sole and exclusive remedies of Bidder in conformity with the Warranties and Limitation of Damages provisions of these Conditions of Sale, and is expressly in lieu of any other rights or remedies which might be available to Bidder by law. The Bidder hereby accepts the benefit of the Consignor’s warranty of title and any other representations and warranties made by the Consignor for the Bidder’s benefit. In the event that Bidder demonstrates in writing, in the sole discretion of RR Auction, that there was a breach of the Consignor’s warranty of title concerning a lot purchased by Bidder, RR Auction shall make demand upon the Consignor to pay to Bidder the Purchase Price (including any premiums, taxes, or other amounts paid or due to RR Auction). Should the Consignor not pay the Purchase Price to Bidder within thirty days after such demand, RR Auction shall disclose the identity of the Consignor to Bidder and assign to Bidder all of RR Auction’s rights against the Consignor with respect to such lot or property. Upon
such disclosure and assignment, all responsibility and liability, if any, of RR Auction with respect to said lot or property shall automatically terminate. RR Auction shall be entitled to retain the premiums and other amounts paid to RR Auction - this remedy is as to the Consignor only. The rights and remedies provided herein are for the original Bidder only and they may not be assigned or relied upon by any transferee or assignee under any circumstances. If Bidder wishes to challenge the AC within the period of the Certification of Authenticity, Bidder must present written evidence that the lot is not authentic as determined by a known expert in the field. If RR Auction agrees that the lot is not as represented, Bidder’s sole and exclusive remedy shall be a refund of their purchase price, with no other costs, liabilities or amounts recoverable. If RR Auction does not agree with the claim by Bidder, then the Parties shall follow the dispute resolution procedures of these Conditions of Sale. Any such challenge concerning an AC or Certification of Authenticity must, without any exception, be brought within one (1) year of Bidder’s notice to RR Auction of Bidder’s contention that the lot was not authentic, or six (6) years from the Auction Date, whichever is sooner. If the description of any lot in the Catalog is materially incorrect (e.g., gross cataloging error), the lot is returnable if returned within five (5) calendar days of receipt, and received by RR Auction no later than twenty-one (21) calendar days after the Auction Date. If there is any discrepancy between the description in the Catalog and the AC, then the description in the AC shall control. This paragraph shall constitute Bidder’s sole right with respect to the return of items, and no refunds shall be given for any items not returned to and received by RR Auction. NO RETURN OR REFUND OF ANY AUCTION LOT WILL BE CONSIDERED EXCEPT AS PROVIDED IN THESE CONDITIONS OF SALE. RR Auction’s Additional Services: For Bidders who do not remove purchased property from RR Auction’s premises, RR Auction, in its sole discretion and solely as a service and accommodation to Bidders, may arrange to have purchased lots packed, insured and forwarded at the sole request, expense, and risk of Bidder. RR Auction assumes no and disclaims all responsibility and liability for acts or omissions in such packing or shipping by RR Auction or other packers and carriers, whether or not recommended by RR Auction. RR Auction assumes no and disclaims all responsibility and liability for damage to frames, glass or other breakable items. Where RR Auction arranges and bills for such services via invoice, RR Auction will include an administration charge. Headings: Headings are for convenience only and shall not be used to interpret the substantive sections to which they refer.
Entire Agreement: These Conditions of Sale constitute the entire agreement between the parties together with the terms and conditions contained in the Registration Form. They may not be amended, modified or superseded except in a signed writing executed by all parties. No oral or written statement by anyone employed by RR Auction or acting as agent or representative of RR Auction may amend, modify, waive or supersede the terms herein unless such amendment, waiver or modification is contained in a writing signed by all parties. If any section of these Conditions of Sale or any term or provision of any section is held to be invalid, void, or unenforceable by any court of competent jurisdiction, the remaining sections or terms and provisions of a section shall continue in full force and effect without being impaired or invalidated in any way. Governing Law and Enforcement The Parties agree that any agreements between the Parties including but not limited to these Conditions of Sale are entered into in Boston, Massachusetts, no matter where Bidder is situated and no matter by what means or where Bidder was informed of the Auction and regardless of whether catalogs, materials, or other communications were received by Bidder in another location. The Parties agree that these Conditions of Sale, and any other related agreement(s) are governed by the laws of the Commonwealth of Massachusetts, without regard for its conflict of laws principles. The Parties agree that any dispute related to or arising out of these Conditions of Sale, or related to or arising out of any other related agreement(s) shall be submitted to confidential binding arbitration (the “Arbitration”) before a single Arbitrator of the American Arbitration Association (the “AAA”). The Parties agree that the Arbitration shall be conducted pursuant to the commercial rules of the AAA. In the event that the Parties cannot agree on the selection of the Arbitrator, then the Arbitrator shall be selected by the AAA. The prevailing Party in the Arbitration shall be entitled to recover all of its related costs, whether before or after the formal institution of the Arbitration, including but not limited to its reasonable attorneys’ fees and, if RR Auction prevails, the Buyer’s Premium as defined in these Conditions of Sale. The Parties agree that Bidder shall have no right to recover consequential or indirect damages, or lost profits damages. The Parties consent to the enforcement of the decision in the Arbitration pursuant to the Federal Arbitration Act in either the courts of the Commonwealth of Massachusetts or the United States District Court for the District of Massachusetts. Except as provided in Bidder’s Remedies with regard to the Certification of Authenticity, any dispute, claim, cause of action related to or arising out of these Conditions of Sale or any other agreement(s) between the Parties must be
brought within one (1) year of the acts, omissions or circumstances giving rise to the alleged claim, without exceptions. This provision is intended as a full, complete and absolute release of any claims after one (1) year of such acts, omissions or circumstances. The Parties agree further that these waiver provisions are intended to be binding on all parties in the event of any dispute, specifically including but not limited to third party claims and cross-actions brought by either RR Auction or Bidder. These provisions are consideration for the execution of these Conditions of Sale. The Bidder hereby agrees that RR Auction shall be entitled to present these Conditions of Sale to a court in any jurisdiction other than set forth in this paragraph as conclusive evidence of the Parties’ agreement, and the Parties further agree that the court shall immediately dismiss any action filed in such jurisdiction. Notwithstanding the foregoing, RR Auction may, in its sole discretion, enforce its rights pursuant to these Conditions of Sale in the courts of the Commonwealth of Massachusetts or the United States District Court for the District of Massachusetts rather than in an Arbitration related to or arising out of any Auction of an item sold for less than $10,000. This right shall relate to the individual item price, such that RR Auction may, in its sole discretion, enforce its rights pursuant to these Conditions of Sale in the courts of the Commonwealth of Massachusetts or the United States District Court for the District of Massachusetts rather than in an Arbitration for items that in the aggregate exceed $10,000. The prevailing Party in such a proceeding shall be entitled to recover all of its related costs, whether before or after the formal institution of the proceeding, including but not limited to its reasonable attorneys’ fees and, if RR Auction prevails, the Buyer’s Premium as defined in these Conditions of Sale. This right of enforcement is unique to RR Auction, and these Conditions of Sale are a waiver by the Bidder of any right to enforcement or adjudication outside of an Arbitration. CONDUCT OF AUCTION Estimate Prices: In addition to descriptive information, each item in the Catalog sometimes includes a price range which reflects opinion as to the price expected at auction (the “Estimate Prices”). In other instances, Estimate Prices can be obtained by calling RR Auction at (603) 732-4280. The Estimate Prices are based upon various factors including prices recently paid at auction for comparable property, condition, rarity, quality, history and provenance. Estimate Prices are prepared well in advance of the sale and subject to revision. Estimates do not include the Buyer’s Premium or sales tax (see under separate heading). Owned or Guaranteed Property: RR Auction generally offers property consigned by others for sale at public auction; in very limited occasion, lots are offered that are the property of RR Auction.
Before the Auction: Bidder may attend pre-sale viewing for all of RR Auction’s auctions at no charge. All property to be auctioned is usually on view for several days prior to the sale. Bidder is encouraged to examine lots thoroughly. Bidder may also request condition reports (see below). RR Auction’s staff are available at viewings and by appointment. Maximum Bids – All Auctions: To maximize Bidder’s chance of winning, RR Auction strongly encourages the use of maximum bids. RR Auction will then bid for Bidder until the lot reaches Bidder’s specified maximum. Maximum bids are strictly confidential. Placing arbitrary, non-incremental bids on lots with prior maximum bids may result in these lots being sold for less than 10% above the under Bidder’s bid. Successful Bids: The fall of RR Auction’s hammer indicates the final bid. RR Auction will record the paddle number of the Bidder. If Bidder’s salesroom or absentee bid is successful, Bidder will be notified after the sale by mailed or emailed invoice. Unsold Lots: If a lot does not reach the reserve, it is bought-in. In other words, it remains unsold and is returned to the Consignor. RR Auction has the right to sell certain unsold items after the close of the Auction. Such lots shall be considered sold during the Auction and all these Terms and Conditions shall apply to such sales including but not limited to the Buyer’s Premium, return rights, and disclaimers. Bidding—Timed Auction: Bidder may open, monitor, and/or raise bids at any time before the close of a lot through www.rrauction.com. RR Auction offers a callback service the day of the Auction, but Bidder is responsible for supplying a correct telephone number(s) where Bidder can be reached until the Auction closes. Bidder must request this service in writing. RR Auction will make reasonable efforts to ensure that Bidders who request a callback are contacted if outbid; however, RR Auction does not guarantee this service and it is merely a courtesy and not an enforceable right. The auctioneer may also execute a bid on behalf of the consignor to protect the reserve, either by entering a bid in response to salesroom, telephone or absentee bids. Under no circumstances will the auctioneer place any bid on behalf of the consignor above the reserve. The auctioneer will not specifically identify bids placed on behalf of the consignor to protect the reserve. To ensure proper registration, those Bidders intending to bid via the Internet must visit www.RRauction.com and register accordingly at least one full day prior to the actual auction. Winning bidders will be notified by RR Auction. RR Auction
is not responsible or liable for any problems, delays, or any other issues or problems resulting out of use of the Internet generally or specifically, including but not limited to transmission, execution or processing of bids. Any Bidder may bid on any lot prior to 6 pm EST/EDT. At that time, an extended bidding period goes into effect. If Bidder has not bid on a lot before 6 pm EST/EDT, Bidder may not bid on that lot after 6 pm EST/EDT. Only those Bidders who have placed bids on a lot before 6 pm EST/ EDT will be allowed to bid on that lot after 6 pm EST/EDT. If Bidder is the only Bidder on a lot at 6 pm EST/EDT, that lot is awarded to Bidder. During the extended bidding period, a lot will remain open only to those who bid on that lot prior to 6 pm EST/EDT. All lots WITHOUT an opening bid at 6 pm EST/EDT will remain OPEN to ALL Bidders until 7 pm EST/EDT or until they receive their first bid. These lots will close immediately upon receipt of a bid or at 7 pm EST/ EDT, whichever comes first. For all lots that are active after 7 pm EST/EDT, bidding will remain open until 30 minutes pass without a bid being placed on THAT lot (the “30 Minute Rule”). The 30 Minute Rule is applied on a PER LOT BASIS; each lot in the Auction closes individually based on bidding activity after 7 pm EST/EDT. On a PER LOT BASIS, the 30 minute timer will reset each time a bid is placed after 7 pm EST/EDT. If Bidder is the high Bidder, raising Bidder’s maximum bid will NOT reset the timer. RR Auction reserves the right to close the Auction at any time at its sole discretion.
above the reserve. The auctioneer will not specifically identify bids placed on behalf of the consignor to protect the reserve. During live Auctions, internet bids can be placed in real time through one or more of the following Third Party services: www.liveauctioneers.com, www.invaluable.com and www. icollector.com. RR Auction is not responsible or liable for any problems, delays, or any other issues or problems resulting out of use of the Internet generally or specifically, including but not limited to transmission, execution or processing of bids. RR Auction treats any third-party site bids as floor or telephone bids. Floor bids and telephone bids are always considered first over third party sites bids, and floor bids are considered earlier than telephone bids. All RR Auction lots purchased through the third party sites carry an additional Buyer’s Premium. Miscellaneous:
Bidding - Internet – Live Auction:
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.
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.
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.
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.
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.
Property is auctioned in consecutive numerical order, as it appears in the catalog. The auctioneer will accept bids from those present in the salesroom or absentee bidders participating by telephone, internet or by written bid left with RR Auction in advance of the auction. The auctioneer may also execute a bid on behalf of the consignor to protect the reserve, either by entering a bid in response to salesroom, telephone or absentee bids. Under no circumstances will the auctioneer place any bid on behalf of the consignor
Your collection is invited INTERESTED IN YOUR OWN FEATURE CATALOG? RR Auction has helped many individuals and families share cherished collections built over the course of a lifetime. We honor the collector’s passion by offering these items to others who consider them just as significant.
Thank you and your team for putting together such a great auction…As I continue my evolution in wisdom of life, I am happy to realize that it is who I am—not what I have—that defines me.”
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Tom Gregory sold his collection with RR in 2016
Tom Gregory
Sell@RRAuction.com
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(800) 937-3880
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www.RRAuction.com
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Boston, Massachusetts