Terms and Conditions of
Sale
for the Dr. Alfred S. Martin Collection
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The property described in this catalogue will be offered at public auction by Robert A. Siegel Auction Galleries Inc. and James T. McCusker Inc. (“Galleries”) on behalf of various consignors and itself or affiliated companies. By bidding on any lot, whether directly or by or through an agent, in person, or by telephone, facsimile or any other means, the bidder acknowledges and agrees to all of the following Conditions of Sale.
1. The highest bidder acknowledged by the auctioneer shall be the buyer. The term “final bid” means the last bid acknowledged by the auctioneer, which is normally the highest bid offered. The purchase price payable by the buyer will be the sum of the final bid and a commission of 10% of the final bid (“buyer’s premium”), together with any sales tax or use tax which may be due on the sale.
2. The auctioneer has the right to reject any bid, to advance the bidding at his discretion and, in the event of a dispute between bidders, to determine the successful bidder, to continue the bidding or to reoffer and resell the lot in dispute. The Galleries’ record of the final sale shall be conclusive.
3. All bids are per numbered lot in the catalogue unless otherwise announced by the auctioneer at the time of sale. The right is reserved to group two or more lots, to withdraw any lot or lots from the sale, or to act on behalf of the seller. The Galleries will execute bidding instructions on behalf of clients, but will not be responsible for any errors in the execution of such bids.
4. Lots with numbers followed by the symbol ° are offered subject to a confidential minimum final bid (“reserve”), below which the lot will not be sold. The absence of the symbol ° means that the lot is offered without a reserve. In the absence of a reserve, the auctioneer has sole discretion to establish a minimum opening bid and may refuse an offer of less than half of the published estimate. Any lot that does not reach its reserve or opening bid requested by the auctioneer will be announced as “passed” and excluded from the prices realized lists after the sale. The Galleries may have a direct or indirect ownership interest in any or all lots in the sale resulting from an advance of monies or goods-in-trade or a guarantee of minimum net proceeds made by the Galleries to the seller.
5. Any lot, the description of which is obviously incorrect, is returnable, but only if the lot is returned within 14 days of receipt. All disputed lots must be returned intact with the original packing material. The following lots may not be returned for any reason: Lots containing ten or more items; lots from buyers who have registered for the pre-sale exhibition or received lots by postal viewing, thereby having had the opportunity to inspect them before the sale; any lot described with “faults” or “defects” may not be returned because of any fault or defect. No illustrated lots may be returned because of centering, margins or other factors shown in the illustrations.
6. Successful bidders, unless they have established credit with the Galleries prior to the sale, must make payment in full before the lots will be delivered. Buyers not known to the Galleries must make payment in full within three days from the date of sale. The Galleries retain the right to demand a cash deposit from anyone prior to bidder registration and/or to demand payment at the time the lot is knocked down to the highest bidder, for any reason whatsoever. In the event that any buyer refuses or fails to make payment in cash for any lot at the time it is knocked down to him, the auctioneer reserves the right to reoffer the lot immediately for sale to the highest bidder. Credit cards are not accepted as payment.
7. If the purchase price has not been paid within the time limit specified above, nor lots taken up within seven days from the date of sale, the lots will be resold by whatever means deemed appropriate by the Galleries, and any loss incurred from resale will be charged to the defaulting buyer. Any account more than thirty days in arrears will be subject to a late payment charge of 11⁄2% per month as long as the account remains in arrears. Any expenses incurred in securing payment from delinquent accounts will be charged to the defaulter. Afee of $250.00 per check will be charged for each check returned for insufficient funds.
8. All lots are sold as genuine. Any lot which is accompanied by an expert certificate (for U.S. items, the accepted authority is The Philatelic Foundation), dated within the past five years of the sale date, is sold “as is” and in accordance with the description on the certificate. Such lots may not be returned for any reason, including but not limited to a contrary certificate of opinion obtained after the sale. Buyers who wish to obtain a certificate for any item that is not accompanied by a certificate dated within the past five years may do so, provided that the following conditions are met: (1) the purchase price must be paid in full, (2) the item must be submitted to an acceptable expertizing committee with a properly executed application form within 21 days of the sale, (3) a copy of the application form must be given to the Galleries, (4) in the event that an adverse opinion is received, the Galleries retain the right to resubmit the item on the buyer’s behalf for reconsideration, without time limit or other restrictions, (5) unless written notification to the contrary is received, items submitted for certification will be considered cleared 90 days from the date of sale, and (6) in the event any item is determined to be “not as described”, the buyer will be refunded the purchase price and the certification fee up to $100.00 unless otherwise agreed.
9. Until paid for in full, all lots remain the property of the Galleries on behalf of the seller.
10. Agents executing bids on behalf of clients will be held responsible for all purchases made on behalf of clients unless otherwise arranged prior to the sale.
11. The buyer assumes all risk for delivery of purchased lots and agrees to pay for prescribed shipping costs (see back of Bid Form).
12. The bidder consents that any action or proceeding against it may be commenced and maintained in any court within the State of New York or in the United States District Court for the Southern District of New York, that the courts of the State of New York and United States District Court for the Southern District of New York shall have jurisdiction with respect to the subject matter hereof and the person of the bidder. The bidder agrees not to assert any defense to any action or proceeding initiated by Galleries based upon improper venue or inconvenient forum. The bidder agrees that any action brought by the bidder shall be commenced and maintained only in a Federal Court in the United States District Court for the Southern District of New York or the State Court in the county in which Galleries has its principal place of business in New York. These Terms and Conditions shall be governed by and construed in accordance with the substantive laws of the State of New York.
SCOTT R. TREPEL, Principal Auctioneer
Auctioneer’s License No. 795952
N.Y.C. Department of Consumer Affairs
80 Lafayette Street, New York, N.Y. 10013
Telephone (212) 577-0111 Special 3/2005
Covers
Minor nicks, short edge tears, flap tears and slight reduction at one side are normal conditions for 19th century envelopes. Folded letters should be expected to have at least one file fold. Light cleaning of covers and small mends along the edges are accepted forms of conservation. Unusual covers may have a common stamp with a slight crease or tiny tear. These flaws exist in virtually all 19th century covers and are not always described. They are not grounds for return.
20th Century covers are often produced from paper with some acid content and may be slightly toned. Stamps on First Day Covers may have an undescribed straight edge or small fault. Sets of covers and/or collection lots may have minor faults affecting one or more covers. These flaws do not materially affect the value of the items and will not be considered grounds for return.
Catalogue Values and Estimates
Unless otherwise noted, the currently available Scott Catalogue values are quoted in dollars with a decimal point. Estimates are indicated with an “E.” and reflect our conservative valuation in dollars.
Symbols and Abbreviations
Cover
ms. Manuscript
No. Scott Catalogue Number
Bidding
Bidders
who cannot attend the sale may leave written bids (see Bid Form). Bids called in
by phone must be confirmed in writing. E-mail bids may be sent up to one hour
before each session.
Bidders may apply for a phone link to the auction and bid through our staff.
Applicants must call at least 24 hours prior to the sale. Phone links are
subject to application.
Viewing
Subject to availability, many lots can be sent to established clients (or those who submit references) for examination. Requests must be made no later than 5 days prior to the auction. Lots must be returned on the day of receipt. Postage/insurance costs will be invoiced. Large lots will not be available for mail viewing.
In addition to the regular public viewing hours, prospective bidders may view lots at our galleries by appointment.
Our on-staff philatelists will be pleased to review the description of any lot and provide more detailed information.
Expert Certification
Individual items offered without a Philatelic Foundation certificate (or accepted authority’s certificate) dated within the past 5 years may be purchased subject to certification (please see Conditions of Sale for details).
Shipping and Delivery
Instructions for shipping must be given to the gallery prior to or immediately after the sale. Unless special instructions are received, we will follow the shipping guidelines on the back of the Bid Form. Buyers are responsible for all prescribed shipping charges, whether or not the actual expense is equal to the invoiced charge.
Payment
Cash or check (subject to clearance). Credit cards will not be accepted for payment.
Prices Realized
A list of prices realized
will be included with every invoice. We accept phone and fax requests for prices
realized during or after the auction. Bidders who wish to receive realizations
by
e-mail should provide an e-mail address on the bid form. Results will be posted
to our web sites immediately after each session.
Hotels and Restaurants
We will be pleased to furnish the names of area hotels and restaurants. During peak seasons, we may be able to assist in placing reservations.