Terms & Conditions
Subject to the reserve price (if any) the highest bidder shall be the purchaser. The auctioneer shall be the sole judge of who was the highest bidder.
In the event of any dispute, the auctioneer shall have absolute discretion to settle the dispute and may resubmit the lot for sale by auction at the sale in progress or as soon as practicable thereafter.
The purchaser and vendor authorise the auctioneer to sign on their behalf the sale books which with these conditions shall, except as otherwise provided by State or Federal Law constitute the whole contract between the purchaser and the vendor to the exclusion of everything else.
Withdrawal of Bids
Any bid acknowledged and relied upon by the auctioneer shall not be withdrawn.
5A Purchaser – Registration before Bidding
Every Purchaser must before making a bid at auction:
- Complete and sign a registration form and
- provide identification
The auctioneer reserves the right to make credit checks on prospective purchasers.
5B. Purchaser to Purchase as Principal
The purchaser shall be deemed to purchase as principal unless twenty-four (24) hours prior to the sale he shall have disclosed to the auctioneer, that he will be bidding on behalf of a principal and shall supply:
- a duly completed registration form indicating full name and address of his principal and
- written and duly signed authority authorising him to bid on behalf of the disclosed principal.
The purchaser acknowledges that notwithstanding the authority to act as agent the purchaser will be personally responsible for all bids and payments.
The auctioneer reserves the following rights:
- To accept or refuse any bid without having to state any reason;
- To withdraw from sale any lot described in the catalogue;
- To refuse any person admission to or eject him from the auction site;
- To keep secret the existence of a reserve price (if any) for a lot;
- To bid on behalf of any prospective purchaser or vendor with or without disclosure;
- In the event that any lot is not sold at the auction, to offer and sell same immediately thereafter by private treaty.
This auction sale is subject to the reserve price (if any) for each lot specified to the auctioneer by the vendor.
Details of Bidders
When called upon by the auctioneer, the purchaser shall give his or her full name and residential address.
- The purchaser will, if requested, prior to the end of the sale, pay not less than 10 per cent and up to 100 per cent (as specified by the auctioneer) of the purchase price. In default, the lots so purchased may at the auctioneer's discretion be put up again and resold.
- Payment of the purchase price (and where applicable, any part payment thereof) shall be made in cash or bank cheque. Any personal cheques accepted by the auctioneer will be cleared before delivery is made (unless prior arrangements have been made with the auctioneer). Payment may also be made by Amex, Visa, Mastercard or Bankcard, however all credit card payments will be subject to an additional service charge of 3%.Payment by foreign personal cheques will be subject to an additional charge of AUD$30 in addition to any differences caused by fluctuations in exchange rates. Bank drafts made out in Australian Dollars are the preferred payment method.
- Subject to Clause 21(j) hereof any balance of the purchase price for a lot shall be paid by the purchaser to the auctioneer within five (5) days from the date of the auction. Upon the payment of which the purchaser is required to take delivery of the lot. No delivery/collection shall be permitted until the purchase price has been paid in full including all cheques cleared.
- Time wherever mentioned shall be of the essence.
- When a purchaser fails to make payment in full within the time allowed for delivery and removal specified in the catalogue the auction company or its agent reserve the right to charge a service fee on the unpaid balance of the purchaser's account seven (7) days after the date of sale at the rate of three (3) per cent (%) per month.
Exclusion of Warranties
The auctioneer and the vendor make no warranties and give no guarantees other than any warranties implied by common law or by any State or Federal law, the exclusion of which warranties would render this condition void or voidable or which would constitute an offence by the auctioneer or the vendor.
All lots are available for inspection prior to the sale at viewing time indicated in the catalogue. It at all times is assumed that the goods have been inspected. All lots are sold with all faults. No error or mis-description shall invalidate the sale and the purchaser shall be bound to take delivery of the goods sold without allowance or abatement in price. Any deficiency in the quantity described shall not invalidate the sale. Neither the auctioneer nor the vendor shall be bound to deliver more than their possession.
All statements in the auction catalogue, advertisements or brochures for forthcoming sales are statements of opinion and are not to be relied on as, statements or representations of fact. All intending bidders must satisfy themselves by inspection or otherwise as to the nature of the goods offered for sale.
No warranty shall be implied from any affirmation made at the time of sale or otherwise. Where an express guarantee or warranty (other than as aforesaid) is intended, the same shall attach and be enforceable only if reduced to writing and signed by the vendor or by the auctioneer as agent for the vendor.
Special condition regarding Fakes & Forgeries
Notwithstanding anything elsewhere herein contained and with the exception of all numismatic items:
- If within twenty one days after the sale the auctioneer shall have received from the purchaser, notice in writing that in the purchaser's view the lot is a deliberate forgery or a deliberate fake and
- If within twenty one days after the sale the purchaser returns the lot to the auctioneer in the same condition as at the time of sale and
- If the purchaser satisfies the auctioneer that considered in the light of the entry in the auction catalogue the lot is a deliberate forgery or a deliberate fake
THEN BUT NOT OTHERWISE the sale of the lot will be rescinded ab initio and the purchase price shall be refunded to the purchaser.
All numismatic items sold by the auctioneer are unconditionally guaranteed genuine unless described otherwise.
Knocked Down Goods at Purchaser's Risk
- Each lot shall be at the purchaser’s risk from the fall of the hammer.
- Neither the auctioneer nor the vendor shall be accountable for any deficiency, damage or loss which may arise after the auction.
Delivery & Removal
No lot shall be removed during the sale unless the auctioneer or catalogue specify otherwise. No lot shall be removed without a clearance from the auctioneer. Subject to Condition 9, delivery of all lots is to be taken and the goods removed by the purchaser within the time specified in the catalogue.
All removals shall be at the expense and risk of the purchaser. In such removal the purchaser shall do no damage, and shall forthwith make good any damage which may be occasioned.
All lots must be paid for and removed within five (5) days of the date of the auction any lot or part thereof not so removed by the purchaser may thereafter be stored by the auctioneer.
All costs incurred by the auctioneer in relation to such storage, shall be immediately payable by the purchaser to the auctioneer and the auctioneer may sue for and recover the same as liquidated damages.
Ownership of Goods
Notwithstanding Condition 12, ownership of lots sold shall not pass until payment in full of the purchase price (or, in the case of personal cheques accepted by the auctioneer, until clearance of same).
Resale on Default
If the purchaser shall default in any of his obligations under the conditions or if any cheque given on account of purchase is dishonoured, then any monies paid as deposit or part payment shall be absolutely forfeited and the auctioneer shall be at liberty to sue the purchaser for damages, resell the lot or lots in any manner (including sale by private contract) and upon such terms and conditions as they may think proper.
Damages on DefaultAll losses, expenses and damages incurred by the vendor or auctioneer resulting from any resale pursuant to Condition 15 shall be recoverable from the purchaser as liquidated damages.
- The headings of the clauses hereof are for convenience only and do not perform part of the context nor is the context to be limited in any way by reference to such headings.
- `auctioneer' means Noble Numismatics Pty Ltd except that where the context so permits it shall include the person actually conducting the auction sale on behalf of Noble Numismatics Pty. Ltd.
- `vendor' includes each and every one of the owners of a subject lot and the person or company instructing the auctioneer to offer that lot for sale, and where more than one, jointly and severally.
- ‘lot’ means and includes any goods and items deposited with the auctioneer whether on its premises or elsewhere with a view to its sale by auction.
- ‘gender reference’ - a reference to the masculine gender includes a reference to the female gender.
Buyer's PremiumA buyer's premium of 19.25% (GST included) will be added to the successful bid price and is payable by the purchaser as part of the total purchase price.
Australian Government GST (Goods & Services Tax)A GST of 10% of the buyer's premium will be added to all accounts. That is with a buyer's premium of 17.5% the buyer will be required to pay an additional 1.75% or a total of 19.25% on the hammer price.
No part of the catalogue may be reproduced, stored in a retrieval system or transmitted by any form or means, without the written consent of the auctioneer.
Postal, Facsimile and Online Bidders
- Bids may be made by post, facsimile or by online transmission at least twenty-four (24) hours before the auction.
- Bids are recorded in the order they are received. Where two bids are received for the same amount, preference is given to the first bid received, subject to bids from the floor.
- Bids made by telephone must be confirmed in writing at least twenty-four (24) hours before the auction, as the auctioneer will not accept responsibility for mistakes.
- The auctioneer reserves his right to: - accept bids only from established purchasers - conduct credit or other reference checks on purchasers lodging a bid.
- All bids are handled in the strictest confidence.
- The auctioneer will normally increase the bidding in 10% increments. Postal, facsimile or online bidders must keep their bids to the nearest multiple of $10. Bids of $101 will be treated as $100, and similar odd amounts will be rounded up or down at the auctioneer’s discretion.
- It is acknowledged that bids given are the maximum figure that the bidder is prepared to pay for any lot.
- We accept maximum spending limit including the buyers commission and GST. All bids must be marked in the usual method and clearly state your maximum spending allowance.
- Bids on a choice of two items must clearly be marked on the bid form as either/or.
- Successful postal, facsimile or online bidders will be sent an invoice immediately following the auction and settlement must be made within seven (7) days of receipt of this invoice.
- Lots will be forwarded by secure post, or courier and all costs incurred will be added to the invoice.
Bidders intending to absentee bid online or live bid online must register at www.noble.com.au. Registrations are processed for approval Monday through Friday 9.30AM- 5PM (AEST/AEDT ) only. No new registrations will be approved during the auction. All lots are subject to the minimum bid specified for each lot on the website.
Online Absentee Bidders
Online absentee bids may be placed by pre-approved bidders until the closing time specified on the website. Bidding will progress incrementally according to the current bidding level for each lot. Online absentee bids are placed as maximum bids and bidding automatically increases up to the maximum when competing bids are submitted.
Online Live Bidders
Online live bidding is offered as a free service for approved clients. Noble Numismatics Pty Ltd does not guarantee the provision of an online live bidding service and will not be responsible for any interruption, error or delay affecting the online live bidding service.
Disclaimer of Liability
The purchaser acknowledges:
- That the auctioneer accepts no responsibility for any errors or omissions
- That he is solely responsible to check the bids
- That bids lodged cannot be returned
- That the auction is not liable for any defaults of the purchaser or the vendor.
Any notice to be given:
- Must be in writing and
- If sent by post shall be deemed to have been received by the addressee in ordinary course of the mail.