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Conditions
I. All bids are per lot as numbered in the catalog. We reserve the right to withdraw any lot prior to sale, to divide a lot, or to group two or more lots. Apfelbaum and/or the auctioneer may have a direct or indirect ownership interest in any or all lots in the sale resulting from ownership or purchase by Apfelbaum of the lots (or an agreement to purchase), or from an advance of monies or property to the seller, or a guarantee of minimum proceeds made by Apfelbaum to the seller.
II. The highest bidder shall prevail. Should any dispute arise between bidders, the decision of the auctioneer as to the successful bidder and the re-offering or resale of the lot under dispute shall be final. The auctioneer shall regulate the bidding and reserves the right to refuse any bid believed by him not to be made in good faith. Any bid which is not commensurate with the value of the item offered, or which is merely a nominal or fractional advance over the previous bid, may be rejected by the auctioneer, at his discretion, if in his judgment, such bid would be likely to affect the sale injuriously. Neither we nor the auctioneer shall be liable for errors and omissions in executing instructions to bid, whether caused by our negligence, the auctioneers' negligence, or otherwise.
III. ANY LOT IN THIS SALE MAY BE SUBJECT TO A RESERVE, AND THE AUCTIONEER OR ITS AGENT SHALL HAVE THE RIGHT TO BID ON BEHALF OF THE SELLER FOR ANY LOT SUBJECT TO A RESERVE. THE AUCTIONEER MAY OPEN BIDDING ON ANY LOT BY PLACING A BID ON BEHALF OF THE SELLER OR THE AUCTIONEER AND MAY FURTHER BID ON BEHALF OF THE SELLER OR THE AUCTIONEER BY PLACING SUCCESSIVE OR CONSECUTIVE BIDS FOR A LOT OR BY PLACING BIDS IN RESPONSE TO OTHER BIDDERS. HAMMER PRICES LISTED ARE THE PRICE FOR WHICH A LOT CLOSED ON THE FLOOR AT THE SALE (OR A RESERVE PRICE), AND SUCH PRICES DO NOT INDICATE WHETHER OR NOT ANY LOT MET ITS RESERVE PRICE IF SUCH A PRICE HAD BEEN ESTABLISHED.
IV. Postal Viewing. Lots may be sent to prospective buyers for examination upon request and at our discretion. All such lots must be returned by overnight mail within 24 hours of receipt. The prospective buyer assumes all responsibility and will provide adequate insurance against all risks from the time of delivery until the lots are returned to and received by us in the same condition as when mailed, and is to pay all insurance and postage costs in addition to a minimum charge of $5 for handling.
V. Floor Bidders. The name and address of the buyer of each lot shall be given to the auctioneer immediately following the sale of such lot. Payment of the whole purchase price shall be made immediately following the sale unless special arrangements have been made prior to the sale. The fact that an item is placed on extension (submitted to an expertising committee for certification) does not relieve the successful bidder from this Condition of Sale. Floor bidders (including bidders acting as agents) have the opportunity to examine the lots prior to sale, and therefore lots purchased by floor bidders or their agents are sold in "as is" condition.
VI. Mail, Facsimile or Telephone Bidder. A successful mail, fax or telephone bidder will be notified of lots purchased and must remit payment before the lots are sent. Payment must be received by us within fifteen (15) days of mailing of notification. Delivery to a successful bidder will be to the address on the bid sheet. A person known to us, or who furnishes satisfactory references, may at our option, have purchases forwarded for immediate payment. A charge of $1.50 will be made for handling in addition to postage and insurance. Proof, by the auctioneers, of receipt of a sending at the advised address shall constitute delivery, and buyer assumes all responsibility and risk once such delivery is made. All buyers are expected to pay for lots immediately upon receipt, unless special arrangements have been made prior to the sale.
VII. Title shall not pass to the buyer until full payment is received by us. If for any cause (other than a cause for which buyer is responsible) any item sold cannot be mailed or delivered by us, or cannot be mailed or delivered in as good condition as the same may have been at the time of sale, the sale will be cancelled, and any amount that may have been paid on account of the sale will be returned to the purchaser with legal interest.
VIII. If a bidder shall fail to comply with these Conditions of Sale, then, as to any lot with respect to which such failure to comply occurs, we shall be entitled (but not obligated), at our sole discretion, to resell the lot or cause it to be resold by public or private sale, without notice to the bidder and in any manner of sale (whether or not commercially reasonable), and to hold the non-complying bidder liable for any deficiency in the purchase price attending such resale, as well as for all charges, costs and expenses incurred in both sales, and all incidental damages. In no event shall any surplus arising from such resale be payable to the non-complying bidder.
IX. If we take any action to enforce these Conditions of Sale or to secure payment of any amount due to us from a bidder or purchaser, the defaulting bidder or purchaser shall be liable for all legal and other costs and expenses incurred by us, including but not limited to reasonable attorneys' fees.
X. SUCCESSFUL BIDDERS AGREE TO PAY FOR LOTS AS SPECIFIED ABOVE AND NO CREDIT IS EXTENDED. A LATE PAYMENT CHARGE OF 1 1/2% PER MONTH IS IMPOSED ON OVERDUE PAYMENTS. THIS IS 18% PER YEAR. MINIMUM MONTHLY SERVICE CHARGE WILL BE $1.00. ALL LOTS DELIVERED IN PENNSYLVANIA ARE SUBJECT TO 6% SALES TAX. AN 18% BUYER'S COMMISSION WILL BE ADDED TO ALL PURCHASES. LOTS WILL BE CONSIDERED AS PAID WHEN ALL FEES, INCLUDING BUT NOT LIMITED TO, SHIPPING, HANDLING AND LATE CHARGES, IN ADDITION TO THE PURCHASE PRICE AND COMMISSION(S) ARE PAID IN FULL.
XI. EACH LOT IS SOLD AS GENUINE BUT WHEN IN THE OPINION OF ANY COMPETENT AUTHORITY MUTUALLY ACCEPTABLE TO US AND THE PURCHASER (A "MUTUALLY ACCEPTED AUTHORITY”) THE LOT IS DECLARED OTHERWISE, THE PURCHASE PRICE WILL BE REFUNDED IN FULL; PROVIDED, HOWEVER, THAT ADVANCE WRITTEN NOTICE OF INTENTION TO SEND FOR EXPERTIZATION MUST BE SUBMITTED BY BUYER BEFORE THE SALE AND EITHER (i) THE LOT IS RECEIVED BY US WITHIN A PERIOD OF FOUR WEEKS AFTER THE DATE OF THE AUCTION, OR (ii) WHERE AN OPINION IS NOT EXPECTED WITHIN FOUR WEEKS, WRITTEN NOTIFICATION THAT THE LOT HAS BEEN SUBMITTED FOR AN OPINION IS RECEIVED BY US WITHIN THIS PERIOD. ALL EXPENSES INCURRED SHALL BE BORNE BY THE PURCHASER WHETHER OR NOT THE ITEM IS DECLARED GENUINE OR NOT GENUINE OR NOT AS DESCRIBED.
XII. Grading -By bidding in this sale, the bidder acknowledges the following: Grading is an art and not a science. The Grade herein represents the opinion of Apfelbaum based upon its experience. It is possible that two people will not always grade the same item alike. Also, as market conditions change, grading standards change, and will most likely do so in the future. Each bidder's own examination of the item(s) should be the criterion and not the grade represented by another. In any purchase or sale, the value of the item(s) is determined by the price. Should you not agree with our grading, any lot is returnable within thirty days for a full refund.
XIII. EXCEPT AS SET FORTH IN THIS CONDITION OF SALE, ANY LOT, WHICH IS IN THE BUYER'S OPINION NOT AS DESCRIBED IS RETURNABLE WITHIN THIRTY DAYS OF RECEIPT. ALL SUCH LOTS MUST BE RETURNED INTACT AND IN THE SAME CONDITION AS PROVIDED TO PURCHASER, AND BUYER IS RESPONSIBLE FOR POSTAGE AND SHIPPING CHARGES TO BUYER'S DELIVERY ADDRESS AND RETURN TO APFELBAUM AUCTIONS. APFELBAUM IS NOT REQUIRED TO MAKE OR OFFER ANY ADJUSTMENT WITH REGARD TO PURCHASE PRICE, OR TO ACCEPT RETURN OF ANY LOT(S) OTHER THAN THE LOT THAT IS OTHER THAN AS DESCRIBED. THE FOLLOWING LOTS ARE NOT RETURNABLE FOR ANY REASON: ITEMS WITH A PHILATELIC FOUNDATION CERTIFICATE (P.F.C) OR A PROFESSIONAL STAMP EXPERTS CERTIFICATE (P.S.E); LOTS DESCRIBED AS HAVING FAULTS OR DEFECTS MAY NOT BE RETURNED BECAUSE OF THE FAULTS DESCRIBED; ILLUSTRATED LOTS MAY NOT BE RETURNED BECAUSE OF CENTERING, MARGINS OR OTHER FACTORS SHOWN IN THE ILLUSTRATIONS; LOTS FROM PURCHASERS WHO HAD EXAMINED THEM BEFORE THE AUCTION; AND LOTS OFFERED OR SOLD "AS IS".
XIV. Pennsylvania Sales Tax is payable by buyers liable to such tax.
XV. All agents will be personally liable and responsible for the purchases of those persons they represent, and for other costs and expenses which would be the responsibility of the buyer under these terms and conditions.
XVI. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO NEGLIGENCE, WILL APFELBAUM, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR AFFILIATES BE LIABLE TO ANY BIDDER OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF OPPORTUNITY, OR BUSINESS INTERRUPTION) ARISING OUT OF PARTICIPATION IN ANY AUCTION, OR THE PLACING OR ACCEPTANCE OR REJECTION OF ANY BID, OR THE SALE (OR FAILURE TO CONSUMMATE A SALE) FOR ANY LOT OR LOTS, OR RESULTING FROM FAILURE OR BREACH OF SECURITY, MISTAKES, OMISSIONS, INTERRUPTIONS, DELETIONS OR LOSS OF FILES OR DATA, ERRORS, DEFECTS, DELAYS IN OPERATION OR PERFORMANCE, REGARDLESS OF THE CAUSE INCLUDING, BUT NOT LIMITED TO, ACTS OF GOD, COMMUNICATION FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO APFELBAUM'S NETWORK, PROGRAMS OR SERVICES, OR FOR ANY CLAIM BY ANY OTHER PARTY, EVEN IF APFELBAUM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, THE EXCLUSIVE REMEDY FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHICH A BIDDER OR OTHER PERSON OR ENTITY PARTICIPATING OR INVOLVED IN ANY AUCTION MAY INCUR OR SUFFER, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), EQUITY, AT LAW OR OTHERWISE, SHALL BE TO RECOVER DAMAGES IN AN AMOUNT THAT IS NOT IN EXCESS OF THE WHOLESALE VALUE OF ANY LOT(S) WHICH IS THE SUBJECT OF ANY DISPUTE.
XVII. In the event of any dispute under these Conditions of Sale, or any dispute between the auctioneer and bidders, or between any parties requesting inspection of any of the lots of the auctioneer, or between persons offering their lots to be auctioned and the auctioneer, the exclusive jurisdiction and venue over any such dispute shall be in the Federal and state courts having jurisdiction and located in Philadelphia, Pennsylvania, the parties waiving any other jurisdiction or venue to which they may be entitled.
XVIII. The auction is being conducted by Earl P.L. Apfelbaum, Inc., and no individual auctioneer, employee, office or director of Earl P.L. Apfelbaum, Inc., shall be held to any personal liability hereunder for negligence or otherwise.
XIX.The placing of a bid shall constitute acceptance of these Conditions of Sale.
By bidding online, the buyer is agreeing to these Conditions of Sale.
XX.Note on returns and extensions: No item with a Philatelic Foundation Certificate (P.F.C.) or a Professional Stamp Experts Certificate (P.S.E.) is returnable for any reason.
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