Terms
of Sale
1. 21st Century Auctions,
C21, a Business registered in the State of Victoria, is the Sales
Agent for a number of Vendors.
2. DESCRIPTIONS
. We endeavour to describe lots fully and accurately. More information
is available upon request.
3.
RESERVES
. The figure in the right-hand column following each lot description
is C21s sale price for the lots in Australian dollars.
4. GOODS & SERVICES TAX GST
: GST is included in the Reserve price where appropriate.
5.
BUYER
. The buyer of a lot shall be the person
to whom the lot is sold by C21 . In the event of more than one order
for a lot being received, the earliest such order shall be successful
provided it is paid for within our terms (see6).
In the event of a dispute, C21 shall have absolute discretion in the
settling of the dispute. A lot is at the buyers risk once it has been
sold but ownership, legal title, will not pass to the buyer until C21
has received payment in full for the lot.
6. PAYMENT
.
Payment is due immediately a lot is sold, or immediately upon receipt
of an invoice. Reserved items will be held for 7 days only.
NO buyers premium is charged on our PRIVATE TREATY
auctions. Payment should always be made in Australian dollars. If
payment is made in another currency the buyer shall add the equivalent
of A20 Dollars towards bank fees, any resulting credit being placed to
the buyers account.
In the event that the buyer does not make payment in full for the lots
within 30 days from the date of the invoice, C21 shall have the right
to exercise any one or more of the following rights and remedies.
To impose an accounting fee of A10 Dollars per month, or part thereof,
plus compound interest at the rate of 2.5 Percent per month, or part
thereof, of the total amount outstanding.
To terminate the contract with the buyer, in which case any monies
received from the buyer shall be forfeited to C21 .
To terminate the contract and resell the lots at any time, in which
case any resulting shortfall, plus costs including accounting fees,
interest, insurance and resale expenses, shall be met by the original
buyer.
To apply any monies due at any time from C21 to the buyer in payment
of the outstanding amount.
To report the default and amount owing to any philatelic trade
association and/or to any credit rating company;
To take legal action against the buyer for damages for breach of
contract.
SURCHARGES of 1%
are made on payments made by Visa or Mastercard. 3% on payments made
by Diners. Amex or Paypal.
7. RETURN OF LOTS
. A lot may be returned, within a
reasonable time, only because of an error in the description: see
clause 2 for the definition of the description. A lot that has been
inspected by the buyer or by the buyers agent cannot be returned for
any reason. A lot that is illustrated in the catalogue or of which an
illustration has been supplied to the buyer or to the buyers agent ,
or is illustrated on our website cannot be returned for any reason
that is apparent from the illustration.
Collections, accumulations etc are always offered as is and cannot be
returned for any reason. Similarly, other lots offered as is cannot be
returned. Small undescribed faults on lower values of a set shall not
be reason for return.
8. EXTENSIONS
. A request for an extension to submit a lot to a recognised expert or
expert committee for a Certificate of Authenticity must be made in
writing . C21 shall have an absolute discretion not to grant an
extension. In particular, an extension will not normally be granted if
the lot is offered with a recent Certificate of Authenticity. If an
extension is granted, the buyer must make payment in full for the lot.
The amount paid will be refunded in full if the lot is returned with
an acceptable Bad Certificate. The inability of an expert to determine
genuineness is not a reason for returning the lot. All costs
associated with obtaining a certificate shall be borne by the buyer,
unless the lot is found to be not as identified in the catalogue in
which case all costs associated with obtaining the Certificate shall
be refunded to the buyer. A lot described as being defective in any
way may not be returned should the Certificate obtained mention any
fault not noted in the lot description.
Unless otherwise agreed, nomination of the appropriate expert or
expert committee shall be made by C21 , and C21 will be responsible
for submitting the lot to that expert or expert committee. Should C21
agree to the buyers nomination of an expert or expert committee, the
extension granted will be for a period of no more than 90 days from
the date of the auction. If a Certificate has not been obtained within
90 days from the date of the auction, the extension shall lapse and
C21 may thereafter refuse to accept the return of the lot.
9.
GOVERNING LAW
. These Terms of Sale shall be governed
by and interpreted in accordance with the laws of the State of
Victoria .
10.
Submitting an order
by any method constitutes acknowledgment and acceptance of these Terms
of Sale. |