General Public Auction 173 - Prestige Philately
General Public Auction 173 - Prestige Philately
General Public Auction 173 - Prestige Philately
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May 11, 2012<br />
<strong>Prestige</strong> <strong>Philately</strong> - <strong>General</strong> <strong>Public</strong> <strong>Auction</strong> <strong>173</strong> Page: 5<br />
<strong>Prestige</strong> <strong>Philately</strong> - <strong>Public</strong> <strong>Auction</strong> Terms of Sale<br />
(amended as at 1 st November 2011: see in particular Paragraph 10 as to the unavailability of extensions to have perfins expertised)<br />
1. AUCTIONEER: <strong>Prestige</strong> <strong>Philately</strong> Pty Ltd (<strong>Prestige</strong>), a company incorporated in the State of Victoria, is the auctioneer, and adheres to<br />
the standard terms of sale of the Australasian Philatelic Traders Association.<br />
2. DESCRIPTIONS: We endeavour to describe lots fully and accurately. The description of a lot comprises 1) the codes to the left of the<br />
description (for details of our symbols and grading codes, see the previous page of this catalogue); 2) the description; and 3) any<br />
illustration of the lot or part of the lot whether in the printed catalogue or in our on-line catalogue.<br />
3. ESTIMATES: The figure in the right-hand column following each lot description is our estimated value of the lot in Australian dollars. A<br />
bidder may bid at, above or below the estimate. Bids below the reserve price (usually 75% of the estimate) are unlikely to be accepted. If<br />
the term “Offer” appears in place of an estimate figure, there is no reserve.<br />
4. BIDDING: Bids may be made to <strong>Prestige</strong> by mail, by fax, by e-mail, by phone, or from our website. Bids received by phone must be<br />
confirmed in writing. At public auctions, bids may also be made in person, by phone (by prior arrangement) or through an agent attending<br />
an auction. An agent must advise <strong>Prestige</strong> of the person(s) for whom bids are being submitted or else the agent will be personally liable<br />
for payment and delivery of any lots purchased. <strong>Prestige</strong> reserves the right to refuse any bid, or to refuse bids from any person, for any<br />
reason.<br />
In most cases, <strong>Prestige</strong>'s bidding steps are as follows:<br />
$150 - 300 $10 rises $3000 - 5000 $200 rises<br />
$300 - 500 $20 rises $5000 - 10000 $250 rises<br />
$500 - 750 $25 rises $10000 - 15000 $500 rises<br />
Under $ 50 $2 rises $750 - 1500 $50 rises $15000 - 30000 $1000 rises<br />
$50 - 150 $5 rises $1500 - 3000 $100 rises over $30000 average of 5% rises<br />
<strong>Prestige</strong> reserves the right to raise or lower postal bids (depending on the bidder's apparent intention) to conform to these bidding steps.<br />
5. TELEPHONE BIDDING: Bidding by telephone during the course of a public auction is permitted. However, clients wishing to use this<br />
service must contact <strong>Prestige</strong> at least 24 hours before the auction regarding the special conditions that apply. [To see these special<br />
conditions, go to www.prestigephilately.com from where the Telephone Bidding Terms can be read and downloaded.]<br />
6. GOODS & SERVICES TAX (GST): Australian law requires that GST equal to 10% of the knock-down or sale price of a taxed lot shall be<br />
payable by the buyer, unless the taxed lot is exported to another country. Taxed lots are indicated in the catalogue by the estimate figure:<br />
being printed in bright green, followed by a small "T". GST equal to 10% of the amount of any fees or charges added by <strong>Prestige</strong> is<br />
also payable by Australian buyers.<br />
7. BUYER: The buyer of a lot shall be the person to whom the lot is sold ("knocked-down") by <strong>Prestige</strong>. In the event of equal bids being<br />
received, the earliest such bid shall be successful. In the event of a bidding dispute, <strong>Prestige</strong> shall have absolute discretion in the<br />
settling of the dispute. A lot is at the buyer's risk once it has been sold ("knocked-down") but ownership (legal title) will not pass to the<br />
buyer until <strong>Prestige</strong> has received payment in full for the lot.<br />
8. PAYMENT: Payment is due immediately a lot is sold, or immediately upon receipt of an invoice. In addition to the price for which a lot is<br />
sold, the buyer shall pay a premium of 15% of that price, plus any fees for postage packing and insurance or credit card use that are<br />
charged by <strong>Prestige</strong>, plus GST as appropriate. No buyer's premium is charged or payable in respect of on-line literature auctions.<br />
(Payment should always be made in Australian dollars. If payment is made in another currency the buyer shall add the equivalent of $A50<br />
or 5% of the invoice total, whichever is greater, towards bank fees. Any resulting credit will be placed to the buyer's account.)<br />
In the event that the buyer does not make payment in full for the lot(s) within 30 days from the date of the invoice, <strong>Prestige</strong> shall have<br />
the right to exercise any one or more of the following rights and remedies:<br />
1) To impose an accounting fee of $10 per month (or part thereof) plus compound interest at the rate of 2.5% per<br />
month (or part thereof) of the total amount outstanding;<br />
2) To terminate the contract with the buyer, in which case any monies received from the buyer shall be forfeited to<br />
<strong>Prestige</strong>;<br />
3) To terminate the contract and resell the lot(s) at any time - and impose a penalty commission rate of 30% - in<br />
which case any resulting shortfall, plus costs including accounting fees, interest, insurance and resale expenses,<br />
shall be met by the original buyer;<br />
4) To apply any monies due at any time from <strong>Prestige</strong> to the buyer in payment of the outstanding amount;<br />
5) To take legal action against the buyer for damages for breach of contract.<br />
9. RETURN OF LOTS: A lot may be returned, within a reasonable time, only because of an error in the description: see clause 2 for the<br />
definition of "the description". A lot that has been inspected by the buyer or by the buyer's agent cannot be returned for any reason. A lot<br />
that is illustrated in the printed catalogue or the on-line catalogue or of which an illustration has been supplied to the buyer or to the<br />
buyer's agent cannot be returned for any reason that is apparent from the illustration.<br />
A lot expressed to be a "range", "group", "selection", "array", "collection"," accumulation" or similar, or any other lot containing more than<br />
10 items - excepting sets of stamps - is always offered "as is" and cannot be returned for any reason. Similarly, other lots expressed to be<br />
offered "as is" cannot be returned.<br />
10. "EXTENSIONS": A request for an extension to submit a lot to a recognised expert or expert committee for a Certificate of Authenticity<br />
must be made in writing prior to or on the day of the auction. <strong>Prestige</strong> shall have an absolute discretion not to grant an extension. [In<br />
particular, an extension will not normally be granted if the lot is offered with a recent Certificate of Authenticity or if the stamp(s) has/have<br />
perforated initials (perfins).] If an extension is granted, the buyer must make payment in full for the lot including the buyer's premium, in<br />
accordance with the terms of Paragraph 8. The amount paid including the buyer's premium will be refunded in full if the lot is returned with<br />
an acceptable "bad" Certificate. All costs associated with obtaining a certificate shall be borne by the buyer, unless the lot is found to be<br />
not as identified in the catalogue, in which case all costs associated with obtaining the Certificate shall be refunded to the buyer.<br />
A lot described as being defective in any way may not be returned should the Certificate obtained mention any fault not noted in the lot<br />
description. The buyer shall not be entitled to reject an item if the certificate includes any finding that does not materially affect the grading<br />
of the lot.<br />
Unless otherwise agreed, nomination of the appropriate expert or expert committee shall be made by <strong>Prestige</strong>, and <strong>Prestige</strong> will be<br />
responsible for submitting the lot to that expert or expert committee. Should <strong>Prestige</strong> agree to the buyer's nomination of an expert or<br />
expert committee, the extension granted will be for a period of no more than 90 days from the date of the auction. If a Certificate<br />
has not been obtained within 90 days from the date of the auction, the extension shall lapse and may thereafter refuse to accept the<br />
return of the lot.<br />
11. GOVERNING LAW: These Terms of Sale shall be governed by and interpreted in accordance with the laws of the State of Victoria.<br />
12. Submitting a bid by any method constitutes acknowledgment and acceptance of these Terms of Sale.