LEN JURY LIMITED – CONDITIONS OF SALE (AUCTIONS)
Subject to which all lots are offered at Len Jury Auctions.
A bid being offered shall constitute acceptance of the Conditions of Sale.
1. The highest approved bidder shall be the purchaser subject to the reserve or minimum bid as stated. The Auctioneer may at his discretion refuse to accept any bid from any person, and no bid if accepted shall be retracted without the consent of the Auctioneer. No bidder shall advance a less sum or percentage of any bidding than the Auctioneer is willing to accept.
2. If any dispute arises between two or more bidders the lot in dispute shall at the discretion of the Auctioneer be put up again and resold, or the Auctioneer may decide the dispute and his decision shall be final.
3. The Auctioneer has the right to bid on account of absentee bidders whose bids shall be in writing or submitted by way of electronic mail (email). However, whilst every care will be taken, the Auctioneer regrets that he cannot accept responsibility for any errors or omissions. If two written or electronically submitted bids are the same preference will be given to the first bid received.
4. Bids may be made by post. A successful bidder will be notified of lots purchased and must remit before the lots are sent. Auction Accounts are payable immediately on receipt. Where accounts are rendered before sending lots, the right is reserved to dispose of all lots without notice to the defaulting purchaser either by Public Auction or by Private Treaty if payment is not received within seven days of date of sale, all costs of such resale will be charged to the defaulter. Delivery to a successful postal bidder will be to the address on the bid sheet. Cost of postage, registration and insurance, etc will be charged to the purchaser. Proof by the Auctioneer of receipt of sending at the advised address shall constitute delivery.
5.Where an agent purchases on behalf of an undisclosed client such agent shall be personally liable for payment of the whole of the purchase money to the Auctioneer and for safe delivery of the lot or lots to the said client.
6. Where an agent purchases on behalf of a disclosed client, such agent must make satisfactory and acceptable arrangements with the Auctioneer prior to the sale.
7. Upon the fall of the hammer, the purchaser shall if requested give his name and address and pay the purchase moneys forthwith. If payment is not made upon the demand of the Auctioneer then the right is reserved to dispose of all lots by Public Auction or by Private Treaty and all costs of such resale will be charged to the defaulter. All lots must be removed at purchaser’s risk and expense immediately after the sale, unless prior arrangements have been made with the Auctioneer.
8. All bids are to be made and will only
be accepted in New Zealand currency, rounded to the nearest dollar.
Approximate overseas currency estimates may be shown in the Auction
catalogue or website for guidance only.
All bids are inclusive of GST where applicable.
9. Overseas purchasers will be given a reasonable time to pay. Payment by bank draft to be made by overseas purchasers on receipt of auction account in New Zealand currency.
10. When payment is made by personal cheque (except known) delivery of lots purchased will not be given until the cheque is cleared by the bank.
11. No bids shall be accepted from minors, unless accompanied by a full cash deposit by suitable acceptable guarantee.
12. Should there be any deficiency in the quality of the goods sold the Auctioneer will not be bound to deliver more than what is actually in his or the vendor’s possession. In this event the purchaser shall have the right to reject that lot.
13. (a) The Auctioneer reserves the right to withdraw any lot from sale at any time without assigning any reason.
(b) The Auctioneer reserves the right before or during a sale to group together lots belonging to the same vendor or split up any lot.
14. The Auctioneer will not be liable for any default of the purchaser or vendor.
15. (a) Unless otherwise indicated each lot is sold as genuine and properly described.
(b) If after the sale the purchaser of a lot shall prove it to be not genuine or wrongly described, the purchaser shall be at liberty to reject the lot, provided that such notice of rejection in writing be made and the lot returned within ten days from the date of the sale.
c) The period may be extended for overseas purchasers to thirty days. The Auctioneer may further extend this time for an overseas purchaser if he considers there is a special case.
(d) The onus of proving a lot to be not genuine or wrongly described lies with the purchaser. Proof of the inability of a recognised expert committee to express a definite opinion will not discharge the onus.
(e) No lot may be rejected if subsequent to the sale, it has been immersed in water or treated by any other process, unless the Auctioneer’s permission in writing is first obtained to subject the lot to such treatment.
(f) The above provisions of this Clause do not apply to collections or mixed lots and shall not be available to any person or his agent who has inspected any particular lot prior to the auction, irrespective of whether or not any stamp or stamps comprised in any such lot has or have been through inadventure incorrectly described.
(g) Lots stated to contain collections and or undescribed stamps must be taken with all faults and errors as to Number (if any) and by reason of the foregoing a puchaser of any such lot shall have no right to reject the same.
(h) Stamps as described as having defects are not returnable on account of this condition. Stamps cannot be returned on account of centering, or the amount of margin, or any perforation defect where such stamps have been illustrated.
(i) In the event of a dispute arising out of a claim made under Clause 14 hereof then a certificate of the expert committee of the Royal Philatelic Association, London, or British Philatelic Association, London, or other accepted recognised authority accepted by the Auctioneer shall be final.
(j) Payment is required to be made within three (3) days of receipt of invoice. Undue delays could result in a surcharge fee.