135. Mossgreen Auktion - Briefmarken und Postgeschichte
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TERMS & CONDITIONS OF SALE(as at 19 August 2016)
Mossgreen Auctions (Mossgreen), a company incorporated in the State of Victoria, is the auctioneer, and adheres to the standard terms of sale of the Australasian Philatelic Traders Association.
We endeavour to describe lots fully and accurately. The description of a lot comprises 1) the codes to the left of the description; 2) the description; and 3) any illustration of the lot or part of the lot appearing in the catalogue or on the Mossgreen website. (The various codes and symbols are explained on the previous page).
The figure in the right-hand column following each lot description is a usually conservative estimate of the auction value of the lot in Australian dollars. A bidder may bid at, above or below the estimate. Bids below the reserve price (usually 75% of the estimate) will not be accepted. There is no reserve on lots listed at $50 or less, or lots for which the word “Offer” is used in place of the estimate.
Bids may be made to Mossgreen from the company’s website, by mail, by fax, or by e-mail. Bids may also be made in person, by phone or from the internet during the auction (by prior arrangement) or through an agent attending an auction. An agent must advise Mossgreen of the person(s) for whom bids are being submitted or else the agent will be personally liable for payment and delivery of any lots purchased. Mossgreen reserves the right to refuse any bid,
or to refuse bids from any person, for any reason. In most cases, Mossgreen’s bidding steps are as follows:
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Mossgreen reserves the right to raise or lower postal bids (depending on the bidder’s apparent intention) to conform to these bidding steps.
5. TELEPHONE BIDDING
Bidding by telephone during the course of a public auction is permitted. However, clients wishing to use this service must contact Mossgreen at least 24 hours before the auction. [To request a copy of our pamphlet “Assistance for Phone Bidders” please phone Romani Benjamin on (03) 9508 8888 or email firstname.lastname@example.org]
6. LIVE INTERNET BIDDING
Bidding from your own computer during the auction is available. However, clients wishing to use this service must contact Mossgreen at least 24 hours before the auction.
7. 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 payable by the buyer, unless the taxed lot is exported to another country. Taxed lots are indicated in the catalogue by a dagger symbol following the estimate figure: eg 150†. GST equal to 10% of the amount of any fees or charges added by Mossgreen is also payable by Australian buyers.
The buyer of a lot shall be the person to whom the lot is sold (“knocked-down”) by Mossgreen. In the event of equal bids being received, the earliest such bid shall be successful. In the event of a dispute, Mossgreen shall have absolute discretion in the 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 buyer until Mossgreen has received payment in full for the lot
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 sold, the buyer shall pay a premium of 20% of that price, plus any fees for postage packing and insurance applicable or credit card fees that are charged by Mossgreen, plus GST as appropriate. Payment by credit card will incur a surcharge of 1.3% for MasterCard and Visa payments and 2.85% for Amex payments, inc GST. Payment should always be made in Australian dollars. If payment is made in another currency the buyer shall add the equivalent of $A50 or 3% of the invoice total, whichever is higher, towards bank fees. 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, Mossgreen shall have the right to exercise any one or more of the following rights and remedies:
1) To impose an accounting fee of $100 per month (or part thereof) plus compound interest at the rate of 5% per month (or part thereof) of the total amount outstanding;
2) To terminate the contract with the buyer, in which case any monies received from the buyer shall be forfeited to Mossgreen;
3) To terminate the contract and resell the lot(s) at any time, in which case any resulting shortfall, plus costs including accounting fees, interest, insurance and resale expenses, shall be met by the original buyer;
4) To apply any monies due at any time from Mossgreen to the buyer in payment of the outstanding amount;
5) To take legal action against the buyer for damages for breach of contract.
10. 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 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 that is illustrated in the catalogue or on the Mossgreen website or of which an illustration has been supplied to the buyer or to the buyer’s agent cannot be returned for any reason that is apparent from the illustration. A lot expressed to be a “range”, “group”, “selection”, “array”, “collection”, “accumulation” or similar, or any other lot containing more than 10 items - excepting sets of stamps - is always offered “as is” and cannot be returned for any reason. Similarly, other lots offered “as is” cannot be returned.
A request for an extension to submit a lot to a recognised expert or expert committee for a Certificate of Authenticity must be made in writing prior to or on the day of the auction. Mossgreen shall have an absolute discretion not to grant an extension. [In 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 perforated initials (perfins).] If an extension is granted, the buyer must make payment in full for the lot including the buyer’s premium, in accordance with the terms of Paragraph 9. The amount paid including the buyer’s premium will be refunded in full if the lot is returned with an acceptable “bad” Certificate. All costs associated with obtaining a certificate shall be borne by the buyer, unless the lot is found to be not as identified in the catalogue, in which case all costs associated with obtaining the Certificate shall be refunded to the buyer, and borne by the seller. 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 description. The buyer shall not be entitled to reject an item if the certificate includes any finding that does not materially affect the grading of the lot. Unless otherwise agreed, nomination of the appropriate expert or expert committee shall be made by Mossgreen, and Mossgreen will be responsible for submitting the lot to that expert or expert committee. NB: Should Mossgreen agree to the buyer’s nomination of an expert or 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 has not been obtained within 90 days from the date of the auction, the extension shall lapse and Mossgreen may thereafter refuse to accept the return of the lot.
These Terms of Sale shall be governed by and interpreted in accordance with the laws of the State of Victoria.
13. GOVERNING LAW
Submitting a bid by any method constitutes acknowledgment and acceptance of these Terms of Sale. ×
135. Mossgreen Auktion - Briefmarken und Postgeschichte
Auktionstermin: 3. April 2017