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Terms and Conditions

Kelleher Auktionen


Conditions of Sale
Sale Number 687
 
THE PLACING OF A BID SHALL CONSTITUTE ACCEPTANCE OF THESE CONDITIONS OF SALE BETWEEN BIDDER AND DANIEL F. KELLEHER AUCTIONS, LLC ("KELLEHER")
 
BIDDING
1. Unless announced otherwise by the auctioneer, all bids are per lot, as numbered in the printed Catalogue. Kelleher, as agent for the consignor or vendor, shall regulate the bidding and shall determine the manner in which the bidding shall be conducted. Kelleher reserves the right to withdraw any lot prior to sale (without liability to any potential purchaser or agent), to re-offer any withdrawn lot, to divide a lot or to group two or more lots belonging to the same consignor or vendor, and to refuse any bid believed not made in good faith. Estimates of sales prices contained in the printed Catalogue reflect the best judgment of Kelleher and are not minimum or upset prices.
 
2. (a) Bids shall be made in the steps set forth on the bidding page (ii) of our printed catalog, or click here to see them online.
(b) The highest bid acknowledged by the auctioneer shall prevail. Should a dispute arise between bidders (including a dispute between a floor or internet bidder and the auctioneer acting on behalf of a mail bidder, consignor or vendor), the auctioneer alone shall determine who the successful bidder is and whether to reoffer the lot in dispute. Should a dispute arise after the sale, the auctioneer's sale records shall be conclusive. On all lots sold, a commission of 18% on the hammer price is payable by the buyer to the auctioneer together with any sales and use tax or customs duties.
 
3. (a) The auctioneer reserves the right to bid on behalf of clients (and consignors or vendors) but shall not be liable for errors and omissions in executing instructions to bid, however received, and whether such errors or omissions be those of the bidder or agent or those of the auctioneer.
(b) Lots are offered subject to a reserve price. The auctioneer will implement such reserve price by bidding on behalf of the consignor vendor.
(c) It may also be assumed that all consignors have been advanced monies against the sale of their consigned material and Kelleher therefore has a security interest in the consigned material over and above the normal auction commission.
(d) Purchases made by a consignor or vendor or his agent on his own lots shall be considered as a sale subject to commissions and sales tax as applicable.
(e) Agents are responsible for the payment of the purchase price for all purchases made on behalf of their clients, unless other arrangements with the auctioneer have been confirmed in writing prior to the auction.
 
PAYMENT FOR PURCHASES
4. Payment for lots, including those on which opinions are desired (Condition of Sale 7), shall be as follows:
(a) Floor Bidders. Payment of the purchase price, or such part there of as Kelleher shall require, shall be made by the purchaser in cash or bank or certified check or in such other manner as Kelleher may determine. The name and address of the purchaser of each lot shall be given to the auctioneer immediately following the saleof such lot.
(b) Mail Bidders. A successful mail bidder will be notified of lots purchased. Before Kelleher will send such lots, payment in full must be received by Kelleher within three (3) business days of receipt of the aforesaid notification by the mail bidder. However, a purchaser known to Kelleher at its option may have purchases delivered or forwarded for immediate payment (by a dollar draft on a U.S. bank in the case of overseas purchasers). Mailed delivery will be to the address on the bid sheet and proof by Kelleher of receipt of a sending at the advised address shall constitute delivery. All charges for handling, delivery and insurance obtained by Kelleher on behalf of the purchaser shall be added to the purchase price; a minimum charge of $10.00 will be made. Risk of loss in transit shall be on the purchaser.
 
5. Title shall not pass to the purchaser until full payment has been received by Kelleher as agents for the consignor or vendor.
 
6. (a) Purchasers agree to pay for lots as specified in Condition of Sale 4 (or as the same may be modified by Condition of Sale 8), and no credit is extended; a late payment charge of 2% per month or fraction thereof shall be added if payment is not made in accordance with the aforesaid conditions.
(b) In the event that a bidder shall fail to comply with these Conditions of Sale ("Non-Complying Bidder"), then, as to any lot with respect to which such failure to comply occurs,Kelleher, may, in its sole discretion, re-offer such lot during the same auction or at an auction at a later time, or by private treaty at such time as Kelleher Auctions, in its sole discretion, deems appropriate and the Non-Complying Bidder shall be liable for the deficiency, if any, between the hammer price and the net proceeds of a sale to a subsequent purchaser, whether at auction or by private treaty, as well as for all costs and expenses of both sales, all other charges due thereunder, including commissions with respect to both sales, whether payable to Kelleher or to a third party and all incidental damages. It shall be in Kellehers' sole discretion to determine whether to re-offer the lot theretofore hammered-down to a Non-Complying Bidder at the same auction, or by private treaty in due course, or at a subsequent auction conducted by Kelleher. In no event shall any surplus arising from the sale of a re-offered lot be payable to a Non-Complying Bidder.
(c) A defaulting purchaser shall be deemed to have granted Kelleher a security interest in property in Kellehers possession owned by such purchaser.Kelleher shall have all of the rights afforded a purchase money secured party under the New York, Connecticut or Massachussets Uniform Commercial Code with respect to such property and may apply against such obligations all monies held or received by it for the account of, or due from Kelleher to such purchaser. Kelleher is authorized to file a Financing Statement in order to perfect its rights as a secured party.
(d) If Kelleher takes any legal steps to secure payment of a delinquent account, the defaulting purchaser shall be liable for all legal and other expenses incurred by Kelleher to secure such payment, including but not limited to a reasonable allowance for attorneys' fees. For purposes of this paragraph, the term legal steps shall be deemed to include any and all consultation by Kelleher with its attorneys with respect to all matters arising out of a delinquent account.
(e) Unless otherwise acceptable to Kelleher, payment is to be made only in the form of cash, bank check or certified check, personal check (which must clear prior to delivery of lots), credit card (Visa or MasterCard only) or a bank wire transfer.
 
WIRING INSTRUCTIONS:
Please contact us for our wiring instructions.
 
EXHIBITION AND INSPECTION OF LOTS; QUALITY AND AUTHENTICITY
7. (a) See viewing schedule for on-premises viewing. Ample opportunity is given for on premises inspection prior to the auction date, and, upon written request and at Kelleher discretion.
(b) Each lot is sold as genuine and correctly described, based on individual description as modified by any specific notations in this Catalogue.
(c) Quality. Any lot which a purchaser considers to be incorrectly described may be returned to Kelleher within two weeks of its receipt by such purchaser ("Returning Purchaser"), provided, however, that the same is received by Kelleher within four weeks of the date of the auction; however, Kelleher may, in its discretion, refuse acceptance of such returned lot. If an opinion of a mutually acceptable authority is desired, the period of time within which a lot must be received by Kelleher will be extended in accordance with Condition of Sale 8. In the event that a dispute cannot be resolved by reference to a mutually acceptable authority, and Kelleher thereupon undertakes to re-offer the lot with a description identical to the description disputed, the Returning Purchaser shall be liable for the deficiency, if any, between the proceeds of the sale to the Returning Purchaser and the proceeds of a sale to a subsequent purchaser, as well as for all costs and expenses of the resale, including commission, and all incidental damages. Any lot, the description of which is disputed, must be returned intact and in the original packaging and in the condition received (unaltered) by the purchaser. The following lots are not returnable except at the discretion of Kelleher: (i) lots from purchasers who attended the exhibition of the lots; (ii) lots examined by postal viewers; (iii) lots on account of their appearance, if they are illustrated in this Catalogue; or (iv) lots described as having repairs, defects or faults for any reason. (v) lots containing more than ten (10) items.
(d) Authenticity. Any lot which is declared otherwise than genuine by a generally recognized authority is returnable, provided such lot is received by Kelleher within four weeks of the date of the auction. Proof that a mutually acceptable authority declines to express an opinion is not grounds for the return of a lot.
(e) Expenses incurred a purchaser in the submission and the return of a lot under Conditions of Sale 7 are not subject to refund.
(f ) Numerical grading is subjective and is based upon the condition of each issue. Lots may not be returned if a third party grades a stamp at lower than our grade.
(g) Lots with existing Certificates from the Philatelic Foundation or Professional Stamp Experts, dated January 1, 2004 and later are sold "as-is" and are based upon the description on the certificate. Such lots may not be returned for any reason, including but not limited to a contrary opinion/certificate.
 
SALES TAX/CUSTOMS DUTIES
8. Unless presentation of satisfactory proof that it is exempted by law, a purchaser shall pay to Kelleher the Connecticut, Massachusetts, or New York State and local sales taxes, or any compensating use taxes of any other State claiming jurisdiction. Buyers outside the U.S. are responsible for all customs duties. A purchaser shall indemnify Kelleher and hold it harmless of and from any claims of any jurisdiction for sales taxes relating to the purchase of articles at the auction, whenever the same may arise.
 
APPLICABLE LAW, JURISDICTION, ETC.
9. All matters arising out of this auction shall be governed by the laws of the State of Connecticut without giving effect to the choice of law principles thereof.
 
ARBITRATION
10. Any controversy or claim arising out of or relating to this auction shall be settled by arbitration in the City of New York, State of New York in accordance with the Rules of the American Arbitration Association and judgment upon the award rendered by the Arbitrator or Arbitrators may be entered in any Court having jurisdiction.
 
JURISDICTION AND VENUE OF ACTIONS
11. The purchaser at this auction (a) consents and submits to the jurisdiction of the Courts of the State of Connecticut or New York and of the Courts of the United States for a judicial district within the territorial limits of the State of Connecticut for all matters arising out of this auction sale, including, without limitation, any action or proceeding instituted for the enforcement of any right, remedy, obligation and liability arising under or by reason thereof; and (b) consents and submits to the venue of such action or proceeding in the City of Danbury, County of Fairfield, State of Connecticut (or such judicial district of a Court of the United States as shall include the same), and (c) further consents that service of process in any action relating thereto may be effected by registered mail, return receipt requested address to the purchase at the address given to the auctioneer at the time of the sale.
 
BIDDING STEPS
12. Bidding Steps are as published on page (ii) of our printed catalog, or click here to see them online; bids made out of increment will be reduced to the next increment. Example: $603 bid will be reduced to $600, etc.
Privacy agreement

Kelleher Auktionen


Ventes actuelles
21-23 mai 2019
Kelleher Auction 724th
U.S.A., British Commonwealth, Europe and Worldwide - Stamps and Postal History
Résultats des ventes
21-23 mai 2019
Kelleher Auction 724th
U.S.A., British Commonwealth, Europe and Worldwide - Stamps and Postal History
19-20 février 2019
Kelleher Auction 722nd
US, British and Worldwide Stamps and Postal History
18-20 décembre 2018
Kelleher Auction 721st
U.S.A., British Commonwealth, Europe and Worldwide - Stamps and Postal History
08 décembre 2018
Kelleher Auction 720th
Collections, Stocks and Accumulations of the World
10-12 octobre 2018
Kelleher Auction 719th
U.S.A., British Commonwealth, Europe and Worldwide - Stamps and Postal History
28-29 septembre 2018
Kelleher Auction 718th
Collections, Stocks and Accumulations of the World
27 septembre 2018
Kelleher Auction 717th - The Loth Family Collection
Rare Stamps from the U.S.A., British Commonwealth, Europe and Worldwide.
01-02 août 2018
Kelleher Auction 716th
U.S.A., British Commonwealth, Europe and Worldwide - Stamps and Postal History
20 juin 2018
Kelleher Auction 714th
Aerophilately of the World
15-18 mai 2018
Kelleher Auction 713rd
U.S.A., British Commonwealth, Europe and Worldwide - Stamps and Postal History.
23-24 mars 2018
Kelleher Auction 712th
Collections, Stocks and Accumulations of the World
févr. 27 - mars 02, 2018
Kelleher Auction 711th
U.S.A., British Commonwealth, Europe and Worldwide - Stamps and Postal History
12 février 2018
Michael Rogers Online - Auction 5018
Internet Auction with over 3600 Lots of U.S. and Wordwide
08 février 2018
Kelleher Auction 710th: The Deacon Collection of Worldwide Stamps and Covers
The Deacon Collection of Wordwide Stamps and Covers
11-13 décembre 2017
Kelleher Auction 709th: U.S.A., British Commonwealth, Europe and Worldwide
U.S.A., British Commonwealth, Europe and Worldwide - Stamps and Postal History
08-09 décembre 2017
Kelleher Auction 708th: Collections, Stocks and Accumulations of the World
Collections, Stocks and Accumulations of the World
29-30 novembre 2017
Kelleher Auction 707th: The Thomas P. Knapp Collection of Aerophilately
The Thomas P. Knapp Collection of Aerophilately
11-13 octobre 2017
Kelleher Auction 706th: USA and Worldwide
U.S.A. and Worldwide, including a large collection of Germany with Colonies, Offices and Locals
06 octobre 2017
Kelleher Auction 705th: Collection of the Ryukyus
A specialized sale of Stan Cutler's Collection of the Ryukyus.
06 octobre 2017
Kelleher Auction 704th: Collection of the Canal Zone
A specialized sale of "Best" Family Collection of the Canal Zone.
08-09 septembre 2017
Kelleher Auction 703rd
Collections, Stocks and Accumulations of the World
15-17 août 2017
Kelleher Auction 702nd
A Flagship sale with over 2200 lots featuring U.S. and Possessions, including the Finesse Collection of Trans-Mississippi Postal History, ...
20-23 juin 2017
Kelleher Auction 701st
USA and Worldwide, including many high grade US stamps and a large collection of Germany with Colonies and Offices
16-17 juin 2017
Kelleher Auction 700th
Collections, Stocks and Accumulations of the World
18-19 mai 2017
Kelleher Auction 699th
A Flagship sale with over 1200 lots, featuring U.S. and Possessions classic postal history, with extensive offerings of fancy cancels, ...
02-04 mai 2017
Kelleher Auction 698th
Over 2800 lots featuring United States Stamps, British and Worldwide Stamps and Postal History, including several large and comprehesive ...
30 avril 2017
Michael Rogers Online - Auction 5015
With over 1100 lots estimated at $10 to $2000 each. This sale features U.S., British and Worldwide stamps and postal history, including ...
16 avril 2017
Michael Rogers Online - Auction 5014
US, British and Worldwide Stamps and Postal History
10-11 mars 2017
Kelleher Auction 697th
A collections sale with nearly 900 lots of US, British Empire and Worldwide collections, stocks and accumulations.
21-23 février 2017
Kelleher Auction 696th
Over 2100 lots of US, British Empire and Worldwide stamps and postal history.
nov. 29 - déc. 01, 2016
Kelleher Auction 695th
Flagship US, British and Worldwide Stamps and Postal History
18-19 novembre 2016
Kelleher Auction 694th
US, British and worldwide collections, stocks and accumulations.
27-30 septembre 2016
Kelleher Auction 693rd
août 30 - sept. 01, 2016
Kelleher Auction 692nd
International auction offer with strong section USA.
19-20 août 2016
Kelleher Auction 691st
U.S., British and Worldwide collections, stocks and accumulations.
13-14 juillet 2016
Kelleher Auction 690th
Flagship sale. Worldwide offer with strong section USA.
02 juin 2016
Kelleher Auction 687
Die  Adolfo J. Capurro Sammlung ungebrauchte Ausgaben der ganzen Welt.
06 mai 2015
Kelleher Fire&Ice Titanic and Zeppelin Auction
Aero-Philately and Flights with Ephemera, from the Danner, Peckham, Phipps, Fitzhugh, Gunpowder Collections.
12 février 2014
Kelleher Auction 643 - Fire & Ice
Special Sale Titanic, Hindenburg, Aerophilately and Zeppelins incl. Memorabilia.
12 février 2014
Kelleher Auction 642 - Tristan da Cunha
Die "Partridge" collection of Tristan da Cunha
12 février 2014
Kelleher Auction 641 - Russian Zemstvo Local Posts
Russian Zemstvo Local Posts
25-27 janvier 2012
628th Kelleher Auction
First Offerings from the 'Sacramento' Collection of Quality U.S. Singles and Plate Blocks
'Amberley' Collection of ...