Conditions of Sale
Philatelic Auctioneers' Standard Terms and Conditions of Sale
(1973 REVISION)
NOTICE
The auctioneers exercise all reasonable care to ensure that all statements as to cancellation, centring, colour, condition, date of issue or postal marking, gum, margins, paper, perforation, printing, provenance, quality, sheet position, status, usage, watermark etc. in lot descriptions are reliable and accurate, and that each item is genuine unless the contrary is indicated. However, the statements are not intended to be, are not, and are not to be taken to be statements of fact or representations of fact in relation to the lot. They are statements of the opinion of the auctioneers and attention is particularly drawn to clause 5 of the PHILATELIC AUCTIONEERS' STANDARD TERMS AND CONDITION OF SALE (1973 REVISION) see out below. Comments and opinions concerning the characteristics mentioned above, which may be found in or on lots as notes, lists, catalogue prices, writing-up or any other means of expression, do not constitute part of lot description and are not to be taken as such unless they are made or specifically verified by the auctioneers.
Clause 1
(a) Each lot is put up subject to any reserve price imposed by the vendor.
(b) Subject to sub-clause (a) of this clause, the highest bidder for each lot shall be the purchaser thereof.
(c) If any dispute arises as to the highest bidder the auctioneer shall have absolute discretion to determine the dispute and may put up again and resell the lot in respect of which the dispute arises.
Clause 2
(a) The bidding and advances shall be regulated by and at the absolute discretion of the auctioneer, and he shall have the right to refuse any bid or bids. NOTE: Where an agent bids, even on behalf of a disclosed client, the auctioneer nevertheless has the right at his discretion to refuse any such bid.
(b) The purchaser of each lot shall immediately on its sale if required by the auctioneer give to him the name and address of the purchaser and pay to the auctioneer at his discretion the whole or part of the purchase money. If the purchaser of any lot fails to comply with any such requirement the default on the first sale shall make good the difference in price and expenses of re-sale which shall become a debt due from him.
(c) Where an agent purchases on behalf of an undisclosed client such agent shall be personally liable for payment of the purchase money to the auctioneer and for safe delivery of the lot to the said client.
Clause 3
(a) The auctioneer reserves the right to bid on behalf of clients and vendors, but shall not be liable for errors or omissions in executing instructions to bid.
(b) The auctioneer reserves the right before or during the sale to group together lots belonging to the same vendor, to split up and to withdraw any lot or lots at the auctioneer's absolute discretion and without giving any reason in any case.
Clause 4
(a) Each lot shall be at the purchaser's risk from the fall of the hammer and shall be paid for in full before delivery and taken away at his expense by a purchaser in the United Kingdom within 7 days from the date of the sale and by a purchaser overseas within 14 days from the date of sale or such longer time as shall be agreed between the auctioneer and the purchaser.
(b) If any purchaser fails to pay in full for any lot within the time stated in sub-clause (a) of this clause such lot at any time thereafter at the auctioneer's discretion to be put up for sale by auction again or sold privately; if upon such re-sale a lower price is obtained than was obtained on the first sale the purchaser in default on the first sale shall make good the difference in price and the expenses of re-sale which shall become a debt due from him.
(c) Interest shall be payable by the purchaser on any overdue account, but the auctioneer shall have a discretion to waive payment of the interest.
Clause 5
(a) Each lot is sold as (i) genuine unless otherwise described in the sale catalogue or by the auctioneer, and (ii) correctly described. The date of any certificate forming part of the description of any lot will be included in the description.
(b) A purchaser shall be at liberty to reject any lot if he (i) gives the auctioneer written notice of intention to question the genuineness or, as the case may be, the accuracy of description of the lot within 7 days (or, in the case of an overseas purchaser, a reasonable time) from the date of sale, AND (ii) proves that the lot is not genuine or was incorrectly described; AND (iii) returns to the auctioneer within 30 days from the date of sale the lot in the same condition as it was at the time of sale, provided that the auctioneer may, at his discretion, on receiving a request in writing from the purchaser, extend for a reasonable period the time for return of the lot to enable it to be submitted for expertisation. (iiii) It should be noted that any stamp accompanied by a Certificate of Authenticity is sold on the basis of that certificate only and not on the basis of any other description or warranty as to authentication. No request for an extension will be accepted on such a stamp and the return of such a stamp will not be accepted.
NOTE: The onus of proving a lot to be not genuine or incorrectly described is on the purchaser. The inability of a recognised expert or an expert committee to express a definite opinion shall serve to discharge the onus on the purchaser and shall be ground for rejecting the lot concerned..
(c) Where a lot has been submitted for expertisation, all costs of such expertisation shall be paid by the person who retains the certificate and items or items to which the certificate relates.
(d) Where the purchaser of a lot discharges the onus and acts in accordance with sub-clause (b) of this clause, the auctioneer shall rescind the sale and repay to the purchaser the purchase money paid by him in respect of the lot.
(e) No lot shall be rejected if, subsequent to the sale, it has been immersed in water or treated by any other person unless the auctioneer's permission to subject the lot to such immersion or treatment has first been obtained in writing.
(f) Any lot listed under - 'collections and various' or stated to comprise or contain a collection, issues, stamps or covers which are not all separately described shall be put up for sale not subject to rejection and shall be taken by the purchaser with all (if any) faults, lack of genuineness and errors of description and numbers of items in the lot, and the purchaser shall have no right to reject the lot; except that, notwithstanding the foregoing provisions of the sub-clause, where before a sale a person intending to bid at the sale gives notice in writing to and satisfies the auctioneer that any such lot contains any item or items undescribed in the sale catalogue and that person specifically describes that item or those items in that notice then that item or items shall, as between the auctioneer and that person, be taken to form part of the description of the lot for the purpose of sub clauses (a), (b) and (d) of this clause.
(g) No lot illustrated on this Web Site or in the printed auction catalogue shall be rejected on the ground of cancellation, centring, margins, perforation or other characteristics clearly apparent from the illustration.
Special Clause
Owing to production methods, age and handling, stamps often have minor faults (which are normal). These will not be described. Covers etc. which have seen postal service will have wear and age appearance i.e. minor stains, crease, splits etc. If in doubt ask for inspection or a complete condition report.
PLEASE NOTE: All lots in this auction are subject to a Buyer's Premium of 15% plus VAT on the hammer price payable by the buyer. ALL BIDS WILL BE TAKEN AS EXCLUSIVE OF THIS PREMIUM
