1. PurchaserThe highest bidder shall be the purchaser. The auctioneer shall bethe sole judge of who was the highest bidder.2. DisputesIn the event of any dispute, the auctioneer shall have absolutediscretion to settle the dispute and may resubmit the lot for sale byauction at the sale in progress or as soon as practicable thereafter.3. Auction ContractThe purchaser and vendor authorise the auctioneer to sign on theirbehalf the sale books which with these conditions shall, except asotherwise provided by State or Federal Law, constitute the wholecontract between the purchaser and the vendor to the exclusion ofeverything else.4. Withdrawal of BidsAny bid acknowledged and relied upon by the auctioneer shall notbe withdrawn.5. Purchaser A Registration Before BiddingEvery Purchaser must, before making a bid at auction:i) Complete and sign a registration formii) Provide identificationiii) Read and agree to the Terms and Conditions of Sale.The auctioneer reserves the right to make credit checks onprospective purchasers. B Purchaser to Purchase as PrincipalThe purchaser shall be deemed to purchase as principalunless twenty-four (24) hours prior to the sale he shallhave disclosed to the auctioneer, that he will be bidding onbehalf of a principal and shall supply:(i) A duly completed registration form indicating full nameand address of his principal and(ii) Written and duly signed authority authorising him to bidon behalf of the disclosed principal.The purchaser acknowledges that notwithstanding theauthority to act as agent the purchaser will be personallyresponsible for all bids and payments.6. Auctioneer’s RightsThe auctioneer reserves the following rights:(a) To accept or refuse any bid without having to state anyreason(b) To withdraw from sale any lot described in the catalogue(c) To refuse any person admission to or eject him from the auctionsite(d) To keep secret the existence of a reserve price (if any) for alot(e) To bid on behalf of any prospective purchaser or vendor withor without disclosure(f) In the event that any lot is not sold at the auction, to offer &sell same immediately thereafter by private treaty.7. Reserve PriceThis auction sale is subject to the reserve price (if any) for each lotspecified to the auctioneer by the vendor.8. Details of BiddersWhen called upon by the auctioneer, the purchaser shall give his orher full name and residential address.9. Payment(a) The purchaser will, if requested, prior to the end of the sale, paynot less than 10 per cent and up to 100 per cent (as specifiedby the auctioneer) of the purchase price. In default, the lots sopurchased may at the auctioneer’s discretion be put up againand resold.(b) Payment of the purchase price (and where applicable, any partpayment thereof) shall be made in cash or bank cheque. Anypersonal cheques accepted by the auctioneer will be clearedbefore delivery is made (unless prior arrangements have beenmade with the auctioneer). Payment may also be made byAmex, Visa, Mastercard, however all card transactions aresubject to an additional fee. This fee can only be determinedat the time of processing.(c) Payment by International Bank Transfer or Online Transfermust be made in Australian dollars only and the amount thatarrives in the Noble Numismatics Pty Ltd bank account mustmatch the Australian dollar total amount on the invoice. Thereis an additional $A30 fee for all International Bank Transfersto be paid by the purchaser.(d) Subject to Condition 21(i) hereof any balance of the purchaseprice for a lot shall be paid by the purchaser to the auctioneerwithin five (5) days from the date of the auction. Upon thepayment of which the purchaser is required to take deliveryof the lot.No delivery/collection shall be permitted until the purchaseprice has been paid in full including all cheques cleared.(e) Time wherever mentioned shall be of the essence.(f) When a purchaser fails to make payment in full within the timeallowed for delivery and removal specified in the cataloguethe auction company or its agent reserve the right to charge aservice fee on the unpaid balance of the purchaser’s accounttwenty-one days after the date of sale at the rate of three percent (3%) per month.9A. Shipping(a) Within Australia: purchases will be mailed by Australia Postwith signature on delivery; or by a freight carrier for bulky orheavy lots.(b) International: lots will be sent by Registered Post unlessrequested otherwise. The tracking number will be emailed tothe purchaser. Parcels can be tracked at www.auspost.com.au/view/tracking(c) Items are declared for customs as ‘Numismatic Collectables’.Bidders are responsible for making sure they are aware ofimport restrictions and custom duties to be paid on entry intotheir country of residence before they bid. Noble NumismaticsPty Ltd is not responsible for delays in customs clearanceor taxes payable. Lots will not be mailed to the followingcountries: Colombia, Lebanon, Philippines.(d) Costs for shipping, insurance and packing will be added to theinvoice.10. Exclusion of WarrantiesThe auctioneer and the vendor make no warranties and give noguarantees other than any warranties implied by common law or byany State or Federal law, the exclusion of which warranties wouldrender this condition void or voidable or which would constitute anoffence by the auctioneer or the vendor.All lots are available for inspection prior to the sale at viewing timeindicated in the catalogue. It at all times is assumed that the goodshave been inspected. All lots are sold with all faults. No error or misdescription shall invalidate the sale and the purchaser shall be boundto take delivery of the goods sold without allowance or abatement inprice. Any deficiency in the quantity described shall not invalidate thesale. Neither the auctioneer nor the vendor shall be bound to delivermore than is in their possession.All statements in the auction catalogue, advertisements or brochuresfor forthcoming sales are statements of opinion and are not to berelied on as statements or representations of fact. All intending biddersmust satisfy themselves by inspection or otherwise as to the natureof the goods offered for sale.No warranty shall be implied from any affirmation made at thetime of sale or otherwise. Where an express guarantee or warranty(other than as aforesaid) is intended, the same shall attach and beenforceable only if reduced to writing and signed by the vendor orby the auctioneer as agent for the vendor.11. Special Condition Regarding Fakes and ForgeriesNotwithstanding anything elsewhere herein contained and with theexception of all numismatic items:(a) If within twenty-one (21) days after the sale the auctioneer shallhave received from the purchaser, notice in writing that in thepurchaser’s view the lot is a deliberate forgery or a deliberatefake and(b) If within twenty one days after the sale the purchaser returnsthe lot to the auctioneer in the same condition as at the timeof sale and(c) If the purchaser satisfies the auctioneer that considered in thelight of the entry in the auction catalogue the lot is a deliberateforgery or a deliberate fakeTHEN BUT NOT OTHERWISE the sale of the lot will be rescindedab initio and the purchase price shall be refunded to the purchaser.NB: All numismatic items sold by the auctioneer are guaranteedgenuine unless described otherwise.12. Knocked Down Goods at Purchaser’s Risk(a) Each lot shall be at the purchaser’s risk from the fall of thehammer.TERMS & CONDITIONS OF SALE(b) Neither the auctioneer nor the vendor shall be accountable for anydeficiency, damage or loss which may arise after the auction.13. Delivery & RemovalNo lot shall be removed during the sale unless the auctioneer orcatalogue specify otherwise. No lot shall be removed without aclearance from the auctioneer.Subject to Condition 9, delivery of all lots is to be taken and thegoods removed by the purchaser within the time specified in thecatalogue.All removals shall be at the expense and risk of the purchaser. Insuch removal the purchaser shall do no damage, and shall forthwithmake good any damage which may be occasioned.All lots must be paid for and removed within five (5) days of thedate of the auction and any lot or part thereof not so removed by thepurchaser may thereafter be stored by the auctioneer.All costs incurred by the auctioneer in relation to such storageshall be immediately payable by the purchaser to the auctioneerand the auctioneer may sue for and recover the same as liquidateddamages.14. Ownership of GoodsNotwithstanding Condition 12, ownership of lots sold shall not passuntil payment in full of the purchase price (or, in the case of personalcheques accepted by the auctioneer, until clearance of same).15. Resale on DefaultIf the purchaser shall default in any of his obligations underthe conditions or if any cheque given on account of purchase isdishonoured, then any monies paid as deposit or part payment shallbe absolutely forfeited and the auctioneer shall be at liberty to sue thepurchaser for damages, resell the lot or lots in any manner (includingsale by private contract) and upon such terms and conditions as theymay think proper.16. Damages on DefaultAll losses, expenses and damages incurred by the vendor orauctioneer resulting from any resale pursuant to Condition 15 shallbe recoverable from the purchaser as liquidated damages.17. Interpretation(a) The headings of the clauses hereof are for convenience onlyand do not perform part of the context nor is the context tobe limited in any way by reference to such headings.(b) ‘auctioneer’ means Noble Numismatics Pty Ltd except thatwhere the context so permits it shall include the person actuallyconducting the auction sale on behalf of Noble NumismaticsPty Ltd.(c) ‘vendor’ includes each and every one of the owners of a subjectlot and the person or company instructing the auctioneer tooffer that lot for sale, and where more than one, jointly andseverally.(d) ‘lot’ means and includes any goods and items deposited withthe auctioneer whether on its premises or elsewhere with aview to its sale by auction.(e) ‘gender reference’ - a reference to the masculine gender includesa reference to the female gender.18. Buyer’s PremiumA buyer’s premium of 20% will be added to the successful bid priceand is payable by the purchaser as part of the total purchase price.19. Australian Gov. GST(Goods & Services Tax)A GST of 10% of the buyer’s premium will be added to accounts.That is with a buyer’s premium of 20% the buyer will be required topay an additional 2% or a total of 22% on the hammer price.20. CopyrightNo part of this catalogue may be reproduced, stored in a retrievalsystem or transmitted by any form or means, without the writtenconsent of the auctioneer.21. Postal, Facsimile and Online Bidders(a) Bids may be made by post, facsimile or by online transmission.Bids are to be received no later than twenty-four (24) hoursbefore the auction. Bids received later may not be processed.(b) Bids are recorded in the order they are received. Where twobids are received for the same amount, preference is given tothe first bid received, subject to bids from the floor.(c) Bids made by telephone must be confirmed in writing at leasttwenty-four (24) hours before the auction, as the auctioneerwill not accept responsibility for mistakes.(d) The auctioneer reserves his right to:i) Accept bids only from established purchasersii) Conduct credit or other reference checks on purchasers lodginga bid.iii) New clients must provide two trade references three days priorto the commencement of the auction.(e) All bids are handled in the strictest confidence.(f) The auctioneer will normally increase the bidding in 10%increments. Postal, facsimile or online bidders must keep theirbids to the nearest multiple of $10. Bids of $101 will be treatedas $100, and similar odd amounts will be rounded up or downat the auctioneer’s discretion.(g) It is acknowledged that bids given are the maximum figurethat the bidder is prepared to pay for any lot excluding buyer’spremium and GST. Bids of under 60% of estimate will not beaccepted(i) Successful postal, facsimile and online bidders will be sentan invoice within 2-3 days after the finish of the auction andsettlement must be made within fourteen (14) days.(j) Lots will be forwarded by secure post, or courier and all costsincurred will be added to the invoice.22. Online Bidders(a) Bidders intending to absentee bid online must register at www.noble.com.au.(b) By registering to bid with Noble Numismatics Pty Ltd thebidder is agreeing to be bound by the Terms and Conditionsof Sale as printed here.(c) Registrations are processed for approval Monday throughFriday 9.30AM-5PM (AEST/AEDT) only. No new registrationswill be approved during the auction. All lots are subject to theminimum bid specified for each lot on the website.22A Online Absentee BiddersOnline absentee bids may be placed by pre-approved bidders untilthe closing time specified on the website. Bidding will progressincrementally according to the current bidding level for each lot.Online absentee bids are placed as maximum bids and biddingautomatically increases up to the maximum when competing bidsare submitted. Noble Numismatics Pty Ltd will not be responsiblefor any errors, failure to execute bids or any other miscommunicationregarding online bidding. It is the bidder’s responsibility to ensurethe accuracy of the information regarding bids, lot numbers andcontact details.22B Online Live BiddersOnline live bidding is available via invaluable.com. Please notelots purchased via invaluable.com are subject to a 5% commissioncharge. Noble Numismatics Pty Ltd will not be responsible for anyinterruption, error, delay or technical difficulty affecting the onlinelive bidding service.23. Disclaimer of LiabilityThe purchaser acknowledges:(a) That the auctioneer accepts no responsibility for any errors oromissions(b) That he is solely responsible to check the bids(c) That bids lodged cannot be returned(d) That the auctioneer is not liable for any defaults of thepurchaser or the vendor.24. NoticeAny notice to be given:(a) Must be in writing and(b) If sent by post shall be deemed to have been received by theaddressee in the ordinary course of the mail.25. Protection of Movable Cultural Heritage Act 1986Buyers should be aware of the PMCH Act 1986 which protectsAustralia’s heritage of movable cultural objects & supports foreigncountries’ rights to protect their heritage of movable cultural objects.The PMCH Act regulates the export of nationally significant heritageobjects. It is not intended to restrict normal & legitimate trade incultural property & does not affect an individual’s right to own orsell objects within Australia. The PMCH Act was enacted in responseto the 1970 UNESCO Convention on the Means of Prohibiting theIllicit Import, Export & Transfer of Ownership of Cultural Property.It is the responsibilty of the buyer to ensure that the export of anylot purchased is not subject to or in breach of this Act.Information about the PMCH Act 1986 & Regulations 1987 can befound at: www.environment.gov.au/heritage26. Exporting of Significant Australian Cultural HeritageThe export of Australia’s significant cultural property is regulatedunder the Protection of Movable Cultural Heritage Act 1986(PMCHAct). It is not intended to restrict the normal & legitimate trade incultural property & does not affect an individual’s right to ownor sell within Australia. The PMCH Act implements a system ofexport permits for certain cultural property defined as “Australianprotected objects”.