Terms of Sale
1. Purchaser
The highest bidder shall be the purchaser. The auctioneer shall be the sole judge of who was the highest bidder.
2. Disputes
In the event of any dispute, the auctioneer shall have absolute discretion to settle the dispute and may resubmit the lot for sale by auction at the sale in progress or as soon as practicable thereafter.
3. Auction Contract
The purchaser and vendor authorise the auctioneer to sign on their behalf the sale books which with these conditions shall, except as otherwise provided by State or Federal Law, constitute the whole contract between the purchaser and the vendor to the exclusion of everything else.
4. Withdrawal of Bids
Any bid acknowledged and relied upon by the auctioneer shall not be withdrawn.
5. Purchaser
A Registration Before Bidding
Every Purchaser must, before making a bid at auction:
i) Complete and sign a registration form
ii) Provide identification
iii) Read and agree to the Terms and Conditions of Sale.
The auctioneer reserves the right to make credit checks on prospective purchasers.
B Purchaser to Purchase as Principal
The purchaser shall be deemed to purchase as principal unless twenty-four (24) hours prior to the sale he shall have disclosed to the auctioneer, that he will be bidding on behalf of a principal and shall supply:
(i) A duly completed registration form indicating full name and address of his principal and
(ii) Written and duly signed authority authorising him to bid on behalf of the disclosed principal.
The purchaser acknowledges that notwithstanding the authority to act as agent the purchaser will be personally responsible for all bids and payments.
6. Auctioneer's Rights
The auctioneer reserves the following rights:
(a) To accept or refuse any bid without having to state any reason
(b) To withdraw from sale any lot described in the catalogue
(c) To refuse any person admission to or eject him from the auction site
(d) To keep secret the existence of a reserve price (if any) for a lot
(e) To bid on behalf of any prospective purchaser or vendor with or without disclosure
(f) In the event that any lot is not sold at the auction, to offer & sell same immediately thereafter by private treaty.
7. Reserve Price
This auction sale is subject to the reserve price (if any) for each lot specified to the auctioneer by the vendor.
8. Details of Bidders
When called upon by the auctioneer, the purchaser shall give his or her full name and residential address.
9. Payment
(a) The purchaser will, if requested, prior to the end of the sale, pay not less than 10 per cent and up to 100 per cent (as specified by the auctioneer) of the purchase price. In default, the lots so purchased may at the auctioneer's discretion be put up again and resold.
(b) Payment of the purchase price (and where applicable, any part payment thereof) shall be made in cash or bank cheque. Any personal cheques accepted by the auctioneer will be cleared before delivery is made (unless prior arrangements have been made with the auctioneer). Payment may also be made by Amex, Visa, Mastercard, however all credit card payments will be subject to an additional service charge of 3%.
(c) Payment by International Bank Transfer or Online Transfer must be made in Australian dollars only and the amount that arrives in the Noble Numismatics Pty Ltd bank account must match the Australian dollar total amount on the invoice. There is an additional $A30 fee for all International Bank Transfers to be paid by the purchaser.
(d) Subject to Condition 21(j) hereof any balance of the purchase price for a lot shall be paid by the purchaser to the auctioneer within five (5) days from the date of the auction. Upon the payment of which the purchaser is required to take delivery of the lot.
No delivery/collection shall be permitted until the purchase price has been paid in full including all cheques cleared.
(e) Time wherever mentioned shall be of the essence.
(f) When a purchaser fails to make payment in full within the time allowed for delivery and removal specified in the catalogue the auction company or its agent reserve the right to charge a service fee on the unpaid balance of the purchaser's account twenty-one days after the date of sale at the rate of three per cent (3%) per month.
9A. Shipping
(a) Within Australia: purchases will be mailed by Australia Post with signature on delivery; or by a freight carrier for bulky or heavy lots.
(b) International: lots will be sent by Registered Post unless requested otherwise. The tracking number will be emailed to the purchaser. Parcels can be tracked at www.auspost.com.au/view/tracking
(c) Items are declared for customs as 'Numismatic Collectibles'. Bidders are responsible for making sure they are aware of import restrictions and custom duties to be paid on entry into their country of residence before they bid. Noble Numismatics Pty Ltd is not responsible for delays in customs clearance or taxes payable. Lots will not be mailed to the following countries: Colombia, Lebanon, Philippines.
(d) Costs for shipping, insurance and packing will be added to the invoice.
10. Exclusion of Warranties
The auctioneer and the vendor make no warranties and give no guarantees other than any warranties implied by common law or by any State or Federal law, the exclusion of which warranties would render this condition void or voidable or which would constitute an offence by the auctioneer or the vendor.
All lots are available for inspection prior to the sale at viewing time indicated in the catalogue. It at all times is assumed that the goods have been inspected. All lots are sold with all faults. No error or mis-description shall invalidate the sale and the purchaser shall be bound to take delivery of the goods sold without allowance or abatement in price. Any deficiency in the quantity described shall not invalidate the sale. Neither the auctioneer nor the vendor shall be bound to deliver more than is in their possession.
All statements in the auction catalogue, advertisements or brochures for forthcoming sales are statements of opinion and are not to be relied on as, statements or representations of fact. All intending bidders must satisfy themselves by inspection or otherwise as to the nature of the goods offered for sale.
No warranty shall be implied from any affirmation made at the time of sale or otherwise. Where an express guarantee or warranty (other than as aforesaid) is intended, the same shall attach and be enforceable only if reduced to writing and signed by the vendor or by the auctioneer as agent for the vendor.
11. Special Condition Regarding Fakes and Forgeries
Notwithstanding anything elsewhere herein contained and with the exception of all numismatic items:
(a) If within twenty-one (21) days after the sale the auctioneer shall have received from the purchaser, notice in writing that in the purchaser's view the lot is a deliberate forgery or a deliberate fake and
(b) If within twenty one days after the sale the purchaser returns the lot to the auctioneer in the same condition as at the time of sale and
(c) If the purchaser satisfies the auctioneer that considered in the light of the entry in the auction catalogue the lot is a deliberate forgery or a deliberate fake
THEN BUT NOT OTHERWISE the sale of the lot will be rescinded ab initio and the purchase price shall be refunded to the purchaser.
NB: All numismatic items sold by the auctioneer are guaranteed genuine unless described otherwise.
12. Knocked Down Goods at Purchaser's Risk
(a) Each lot shall be at the purchaser's risk from the fall of the hammer.
(b) Neither the auctioneer nor the vendor shall be accountable for any deficiency, damage or loss which may arise after the auction.
13. Delivery & Removal
No lot shall be removed during the sale unless the auctioneer or catalogue specify otherwise. No lot shall be removed without a clearance from the auctioneer.
Subject to Condition 9, delivery of all lots is to be taken and the goods removed by the purchaser within the time specified in the catalogue.
All removals shall be at the expense and risk of the purchaser. In such removal the purchaser shall do no damage, and shall forthwith make good any damage which may be occasioned.
All lots must be paid for and removed within five (5) days of the date of the auction and any lot or part thereof not so removed by the purchaser may thereafter be stored by the auctioneer.
All costs incurred by the auctioneer in relation to such storage shall be immediately payable by the purchaser to the auctioneer and the auctioneer may sue for and recover the same as liquidated damages.
14. Ownership of Goods
Notwithstanding Condition 12, ownership of lots sold shall not pass until payment in full of the purchase price (or, in the case of personal cheques accepted by the auctioneer, until clearance of same).
15. Resale on Default
If the purchaser shall default in any of his obligations under the conditions or if any cheque given on account of purchase is dishonoured, then any monies paid as deposit or part payment shall be absolutely forfeited and the auctioneer shall be at liberty to sue the purchaser for damages, resell the lot or lots in any manner (including sale by private contract) and upon such terms and conditions as they may think proper.
16. Damages on Default
All losses, expenses and damages incurred by the vendor or auctioneer resulting from any resale pursuant to Condition 15 shall be recoverable from the purchaser as liquidated damages.
17. Interpretation
(a) The headings of the clauses hereof are for convenience only and do not perform part of the context nor is the context to be limited in any way by reference to such headings.
(b) 'auctioneer' means Noble Numismatics Pty Ltd except that where the context so permits it shall include the person actually conducting the auction sale on behalf of Noble Numismatics Pty Ltd.
(c) 'vendor' includes each and every one of the owners of a subject lot and the person or company instructing the auctioneer to offer that lot for sale, and where more than one, jointly and severally.
(d) 'lot' means and includes any goods and items deposited with the auctioneer whether on its premises or elsewhere with a view to its sale by auction.
(e) 'gender reference' - a reference to the masculine gender includes a reference to the female gender.
18. Buyer's Premium
A buyer's premium of 17.5% will be added to the successful bid price and is payable by the purchaser as part of the total purchase price.
19. Australian Gov. GST(Goods & Services Tax)
A GST of 10% of the buyer's premium will be added to all accounts. That is with a buyer's premium of 17.5% the buyer will be required to pay an additional 1.75% or a total of 19.25% on the hammer price.
20. Copyright
No part of this catalogue may be reproduced, stored in a retrieval system or transmitted by any form or means, without the written consent of the auctioneer.
21. Postal, Facsimile and Online Bidders
(a) Bids may be made by post, facsimile or by online transmission. Bids are to be received no later than twenty-four (24) hours before the auction. Bids received later may not be processed.
(b) Bids are recorded in the order they are received. Where two bids are received for the same amount, preference is given to the first bid received, subject to bids from the floor.
(c) Bids made by telephone must be confirmed in writing at least twenty-four (24) hours before the auction, as the auctioneer will not accept responsibility for mistakes.
(d) The auctioneer reserves his right to:
i) Accept bids only from established purchasers
ii) Conduct credit or other reference checks on purchasers lodging a bid.
iii) New clients must provide two trade references three days prior to the commencement of the auction.
(e) All bids are handled in the strictest confidence.
(f) The auctioneer will normally increase the bidding in 10% increments. Postal, facsimile or online bidders must keep their bids to the nearest multiple of $10. Bids of $101 will be treated as $100, and similar odd amounts will be rounded up or down at the auctioneer's discretion.
(g) It is acknowledged that bids given are the maximum figure that the bidder is prepared to pay for any lot excluding buyers premium and GST. Bids of under 60% of estimate will not be accepted
(i) Successful postal, facsimile and online bidders will be sent an invoice within 2-3 days after the finish of the auction and settlement must be made within fourteen (14) days.
(j) Lots will be forwarded by secure post, or courier and all costs incurred will be added to the invoice.
22. Online Bidders
(a) Bidders intending to absentee bid online must register at www.noble.com.au.
(b) By registering to bid with Noble Numismatics Pty Ltd the bidder is agreeing to be bound by the Terms and Conditions of Sale as printed here.
(c) Registrations are processed for approval Monday through Friday 9.30AM-5PM (AEST/AEDT) only. No new registrations will be approved during the auction. All lots are subject to the minimum bid specified for each lot on the website.
22A Online Absentee Bidders
Online absentee bids may be placed by pre-approved bidders until the closing time specified on the website. Bidding will progress incrementally according to the current bidding level for each lot. Online absentee bids are placed as maximum bids and bidding automatically increases up to the maximum when competing bids are submitted. Noble Numismatics Pty Ltd will not be responsible for any errors, failure to execute bids or any other miscommunication regarding online bidding. It is the bidder's responsibility to ensure the accuracy of the information regarding bids, lot numbers and contact details.
22B Online Live Bidders
Online live bidding is available via invaluable.com. Please note lots purchased via invaluable.com are subject to a 5% commission charge. Noble Numismatics Pty Ltd will not be responsible for any interruption, error, delay or technical difficulty affecting the online live bidding service.
23. Disclaimer of Liability
The purchaser acknowledges:
(a) That the auctioneer accepts no responsibility for any errors or omissions
(b) That he is solely responsible to check the bids
(c) That bids lodged cannot be returned
(d) That the auctioneer is not liable for any defaults of the purchaser or the vendor.
24. Notice
Any notice to be given:
(a) Must be in writing and
(b) If sent by post shall be deemed to have been received by the addressee in the ordinary course of the mail.
25. Protection of Movable Cultural Heritage Act 1986
Buyers should be aware of the PMCH Act 1986 which protects Australia's heritage of movable cultural objects & supports foreign countries' rights to protect their heritage of movable cultural objects. The PMCH Act regulates the export of nationally significant heritage objects. It is not intended to restrict normal & legitimate trade in cultural property & does not affect an individual's right to own or sell objects within Australia. The PMCH Act was enacted in response to the 1970 UNESCO Convention on the Means of Prohibiting the Illicit Import, Export & Transfer of Ownership of Cultural Property. It is the responsibilty of the buyer to ensure that the export of any lot purchased is not subject to or in breach of this Act.
Information about the PMCH Act 1986 & Regulations 1987 can be found at: www.environment.gov.au/heritage
26. Exporting of Significant Australian Cultural Heritage
The export of Australia's significant cultural property is regulated under the Protection of Movable Cultural Heritage Act 1986(PMCH Act). It is not intended to restrict the normal & legitimate trade in cultural property & does not affect an individual's right to own or sell within Australia. The PMCH Act implements a system of export permits for certain cultural property defined as "Australian protected objects".
Further information is available at, www.arts.gov.au/movable
Payment
(a) The purchaser will, if requested, prior to the end of the sale, pay not less than 10 per cent and up to 100 per cent (as specified by the auctioneer) of the purchase price. In default, the lots so purchased may at the auctioneer's discretion be put up again and resold.
(b) Payment of the purchase price (and where applicable, any part payment thereof) shall be made in cash or bank cheque. Any personal cheques accepted by the auctioneer will be cleared before delivery is made (unless prior arrangements have been made with the auctioneer). Payment may also be made by Amex, Visa, Mastercard, however all credit card payments will be subject to an additional service charge of 3%.
Payment by foreign personal cheques or Telegraphic Transfers will be subject to an additional charge of AUD30.
Drafts made out in Australian Dollars are the preferred method of payment.
(c) Payment by International Bank Transfer must be made in Australian dollars only and the amount that arrives in the Noble Numismatics Pty Ltd bank account must match the Australian dollar total amount on the invoice. There is an additional $A30 fee for all International Bank Transfers to be paid by the purchaser.
(d) Subject to Condition 21(j) hereof any balance of the purchase price for a lot shall be paid by the purchaser to the auctioneer within five (5) days from the date of the auction. Upon the payment of which the purchaser is required to take delivery of the lot.
No delivery/collection shall be permitted until the purchase price has been paid in full including all cheques cleared.
(e) Time wherever mentioned shall be of the essence.
(f) When a purchaser fails to make payment in full within the time allowed for delivery and removal specified in the catalogue the auction company or its agent reserve the right to charge a service fee on the unpaid balance of the purchaser's account twenty-one days after the date of sale at the rate of three per cent (3%) per month.
Shipping Terms
Lots will be sent by Registered Post unless requested otherwise. The tracking number will be emailed to the purchaser. Parcels can be tracked at www.auspost.com.au/view/tracking
Items are declared for customs as 'Numismatic Specs'. Bidders are responsible for making sure they are aware of import restrictions and custom duties to be paid on entry into their country of residence before they bid. Noble Numismatics Pty Ltd is not responsible for delays in customs clearance or taxes payable.
Bidders who have a VAT number and want this to be included on their parcel must email the details to info@noble.com.au
Different rates will apply for other carriers such as Fedex and DHL. They also require an invoice to be included.
Lots will not be mailed to the following countries: Colombia, Lebanon, Philippines.
For more information on our Shipping Costs please see our Shipping page (www.noble.com.au/auctions/shipping)
(a) Within Australia: purchases will be mailed by Australia Post with signature on delivery; or by a freight carrier for bulky or heavy lots.
(b) International: lots will be sent by Registered Post unless requested otherwise. The tracking number will be emailed to the purchaser. Parcels can be tracked at www.auspost.com.au/view/tracking
(c) Items are declared for customs as 'Numismatic Specs'. Bidders are responsible for making sure they are aware of import restrictions and custom duties to be paid on entry into their country of residence before they bid. Noble Numismatics Pty Ltd is not responsible for delays in customs clearance or taxes payable. Lots will not be mailed to the following countries: Colombia, Lebanon, Philippines.
(d) Costs for shipping, insurance and packing will be added to the invoice.
