• Philip T. Ashton

TERMS OF SALE

This is a public auction and mail bid sale conducted by Gemini Numismatic Auctions, LLC (GNA).  Bidding in the auction constitutes full acceptance of the following terms.

1) The property contained in this auction catalog is offered for sale by GNA for itself and on behalf of consignors.  GNA may, at its sole discretion, set opening bidding levels, determine bidding increments, reject any bid, reopen a lot in the event of a dispute and withdraw any lot.  GNA further reserves the right to bid on its own behalf, bid on behalf of the consignor or allow the consignor to bid on his own property.

2) An 19% buyer’s premium will be added to the hammer price of each lot sold if settlement is made by wire transfer, bank draft or personal check. An additional 3% will be added to the hammer if payment is made by credit card. The same buyer’s fee format is applicable to all purchases of unsold lots after the sale. Anyone purchasing on live internet bidding through the sale-room.com pays an additional 2% in addition to the above gemini fees

3) All property offered herein is guaranteed  genuine.  Grades, descriptions of condition, assessment of rarity and attribution are the opinion of the cataloguer and in no way imply or express warranty.  This auction is not an approval sale.  Lots may not be returned for any reason except lack of authenticity or misdescription.  Group lots, containing more than one coin, are sold “as is” and may not be returned for any reason.  Bidders attending the sale, including those acting as agents for others, are excluded from returning any lot for any reason except for lack of authenticity.  Any claim of misdescription, excluding a claim of lack of authenticity, must be made within five days of delivery of the property.  Any claim of lack of authenticity must be made in writing by the original purchaser immediately on determining the item is not authentic.  The original purchaser then must return the item to GNA in the same condition as when purchased.  

4)  Settlement is due immediately upon receipt of the invoice.  Interest charges and late fees of 2% per month, or the highest rate allowable by law, whichever is less, will be applied to invoices not settled within thirty days of the auction date and will accrue from the auction date.  Bidders personally guarantee payment for lots purchased in the auction, including those executing commission bids for other parties.  Payment by check, cash, money order,  bank wire transfer, Visa Mastercard, American Express and Discover are accepted.  Checks must be made in US dollars and drawn on a US bank.  All successful bidders who choose to pay by bank wire transfer will be charged an additional $20 for bank charges.

5) Title does not pass until payment is made in full.  GNA reserves the right to maintain possession of all lots and to require full payment before delivery is made.

6) Bidders unknown to GNA must establish satisfactory credit prior to bidding or must pay a deposit determined by GNA.  Bids from those under 18 years of age must be accompanied by the written consent of a parent or legal guardian guaranteeing payment.

7) Estimates printed in this catalog are in US dollars.  They are intended only as a guide to bidders and not as statements of value.  Selling reserves will apply to all property sold in this auction and are normally placed at.  Bids of less than 80% of estimate will not be accepted.  In no instance will a selling reserve exceed the printed estimate.

8) Bids must be in even dollar amounts.  GNA will represent mail bidders and will execute mail bids at approximately 10% above the next highest bid.  In the event identical mail bids are received, GNA will execute the earliest bid.  A mail bid has priority over  an identical floor bid.  GNA accepts no responsibility for errors made in bidding and urges that bid sheets be checked carefully before submission.

9) In the event a successful bidder fails to make payment when due, GNA reserves the right to resell the property, or to have an affiliated company do so, and the bidder agrees to pay for the reasonable cost of such a sale and also to pay the difference between the resale price and the previously successful bid.  GNA also reserves any and all rights that it is entitled to under the Illinois Uniform Commercial Code, including the right to offset any sums due from a successful bidder against any future consignment or purchase or monies or goods in possession of GNA or its assigns.

10) Sales tax, postage, handling and insurance are the responsibility of the buyer and these charges will be added to all invoices where applicable.  Foreign purchasers are advised to comply with all customs regulations.  GNA declines any responsibility for consequences arising from contravention of such regulations.

11) Bidders hereby waive any claim for incidental, consequential or exemplary damages arising from this auction.  The sole remedy that any bidder shall have for any claim or controversy arising out of the auction shall be a refund of all or part of the purchase price.  

12) The rights conferred under these Terms of Sale are personal and may not be transferred to any other person or entity.  No third party may rely on any benefit or right granted under these Terms. 

13) Any dispute regarding this auction shall be governed by the laws of Illinois and shall be adjudicated by the appropriate courts of law in Cook County, Illinois.  All bidders submit themselves to the jurisdiction of these courts for this purpose.