PHILATELIC AUCTIONEERS’ STANDARD
TERMS AND CONDITIONS OF SALE
subject to which all lots are
offered at this auction at which members of the public are present in
person bidding against each other for themselves or as agents.
The PHILATELIC AUCTIONEERS’
STANDARD TERMS AND CONDITIONS OF SALE (1985 REVISION) apply only to
an auction sale which includes members of the public present in person
bidding against each other for themselves or as agents. The PHILATELIC
AUCTIONEERS’ STANDARD TERMS AND CONDITIONS OF SALE (1985 REVISION)
does not apply to any ‘postal auction’ at which ‘bids’ consist
exclusively of written or telephone offers to buy at stated prices or
limits and which does not include members of the public present in person
against each other for themselves or as agents.
- Each lot is put
up subject to any reserve price imposed by the vendor.
- Subject to any sub-clause
(a) of this clause, the highest bidder for each lot shall be the purchaser
thereof, at the fall of the hammer.
- If any dispute arises
as to the highest bidder, the auctioneer shall have absolute discretion
to determine the dispute and may put up again and re-sell the lot in
respect of which the dispute arises.
- The bidding and
advances shall be regulated by and at the absolute discretion of the
auctioneer, and they shall have the right to refuse any bids or lots.
NOTE: Where an agent bids, even on behalf of a disclosed client, the
auctioneer nevertheless has the right at their discretion to refuse
any such bid.
- The purchaser of
each lot shall immediately on its sale if required by the auctioneer
give to them the name and address of the purchaser and pay to the auctioneer
at their discretion the whole or part of the purchase money. If the
purchaser of any lot fails to comply with any such requirement the auctioneer
may put up again and re-sell the lot; if upon such re-sale a lower price
is obtained than was obtained on the first sale the purchaser in default
on the first sale shall make good the difference in price and expenses
of re-sale which shall become a debt due from them.
- Where an agent purchases
on behalf of an undisclosed client such agent shall be personally liable
for payment of the purchase money to the auctioneer and for safe delivery
of the lot to the said client.
- The auctioneer reserves
the right to bid on behalf of clients and vendors.
- The auctioneer reserves
the right before or due in a sale to group together lots belonging to
the same vendor, to split up and withdraw any lot or lots at the auctioneer’s
absolute discretion and without giving any reason in any case (without
liability to any potential purchaser).
- The auctioneer acts
as agent only, and therefore shall not be liable for any default of
the purchaser (providing they have not handed over the goods) or vendor.
- Each lot shall be
at the purchaser’s risk from the fall of the hammer and shall be paid
for in full before delivery and taken away at their expense by a purchaser
in the United Kingdom within 7 days from the date of sale and by a purchaser
overseas within 14 days from the date of sale or such longer time as
shall be agreed in writing between the auctioneer and the purchaser.
- If any purchaser
fails to pay in full for any lot within the time stated in sub-clause
(a) of this clause, such lot may at any time thereafter at the auctioneer’s
discretion be put up for sale by auction again or sold privately; if
upon such re-sale a lower price is obtained than was obtained on the
first sale the purchaser in default shall make good the difference in
price and the expenses of re-sale which shall become a debt due from
- Interest shall be
payable by the purchaser on any overdue account, the rate to be specified
by each individual auction.
- Each lot is sold
as - (i) GENUINE unless otherwise described in the sale catalogue or
by the auctioneer, and (ii) correctly described (see also Clause 5f).
The date of any certificate forming part of the description of any lot
will be included in the description.
- A purchaser shall
be at liberty to reject any lot if they - (i) gives the auctioneer written
notice of intention to question the genuineness or, as the case may
be, the accuracy of description of the lot within 7 days or, in the
case of an overseas purchaser, to be in the auctioneer’s hands within
21 days from date of sale; AND (ii) proves that the lot is not genuine
or was incorrectly described; AND (iii) returns to the auctioneer within
30 days from the date of sale the lot in the same condition as it was
at the time of sale; provided that the auctioneer may, at their absolute
discretion, on receiving a request in writing from the purchaser, extend
for a reasonable period of time for return of the lot to enable it to
be submitted to an agreed expert or expert committee. NOTE: The onus
of proving a lot to be not genuine or incorrectly described is on the
purchaser. The inability of a recognised expert or an expert committee
to express a definite opinion shall serve to discharge the onus on the
purchaser and shall be a ground for rejecting the lot concerned.
- Where a lot has
been submitted to expert opinion, all costs of such an opinion shall
be paid by the person who retains the item or items to which that opinion
- Where the purchaser
of a lot discharges the onus and acts in accordance with sub-clause
(b) of this clause, the auctioneer shall rescind the sale and repay
to the purchaser the purchase money paid by them in respect of the lot.
- No lot shall be
rejected if, subsequent to the sale it has been immersed in water, marked
by an expert or expert committee, or treated by an other process unless
the auctioneer’s permission to subject the lot to such immersion,
marking or treatment has first been obtained in writing. (NOTE: Many
Continental experts now mark forged stamps; therefore it is essential
for permission to be obtained from auctioneers BEFORE submitting to
- Any lot listed under
“collections and various” or stated to comprise or contain a collection,
issues or stamps which are undescribed shall be put up for sale not
subject to rejection and shall be taken by the purchaser with all (if
any) faults, lack of genuineness and errors of description and numbers
of stamps in the lot, and the purchaser shall have no right to reject
the lot; except that, notwithstanding the foregoing provisions of this
sub-clause, where before a sale a person intending to bid at the sale
gives notice in writing to, and satisfies the auctioneer that any such
lot contains any item or items undescribed in the sale catalogue and
that person be taken to form part of the description of the lot for
the purposes of sub-clauses (a), (b) and (d) of this clause.
- No lot illustrated
in the catalogue shall be rejected on the ground of cancellation, centring,
margins or other characteristic clearly apparent from the illustration.
- Lots offered “as
is” or “offered on their merits” may contain items that are not
genuine and, therefore, may not be returned for any reason. Neither
can extensions be granted on them.
The respective rights and obligations
of the parties shall be governed and interpreted by English law, and
the buyer hereby submits to the non-exclusive jurisdiction of the English
- Where two or more
lots are described a similar lots, and are identical in content and
value, a bid for one lot will be equally valid for any other similar
lot unless instructions are given to the contrary.
- While every reasonable
care is taken to ensure accuracy, quantities given at the end of descriptions
are not to be regarded as part of the description for the purposes of
the above conditions.
- Lots purchased on
behalf of postal bidders will be forwarded by the most practical method
at the risk of the purchaser. Postage, freight, packing and insurance
costs or part thereof shall be borne by the purchaser.
- EXTENSIONS. Extensions
for certificates of authenticity will only be granted for lots comprising
a single item or set. Extensions will not be granted for single items
contained within a collection. Lots must be paid for in the usual manner,
prior to authentication. Requests for extensions must be made when the
bid is placed.
- The cost of obtaining
a certificate will be the responsibility of the purchaser, whether successful