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Conditions of Sale


Auction Terms & Conditions This is a public auction, conducted in accordance with these Terms and Conditions of Sale, by Audubon Auctions, A division of Audubon Gold Exchange llc. (hereinafter referred to as “AGE"). By bidding on any lot offered by AGE, the bidder indicates acceptance of the following Terms and Conditions of Sale. Bidders are to comply with the Terms and Conditions of Sale, posted on Audubonauctions.com, at the time of the auction in which they are participating. 

BUYER'S PREMIUM 

A 10% buyer’s premium will be added to all successful bids and is payable by the winning bidder as part of the total purchase cost. SALES TAX All sales are subject to applicable state and local taxes. Any lots that are picked up and/or delivered in the state of Louisiana are subject to applicable state and local taxes. 

BIDDING 

All Bidders must meet Auctioneer's qualifications to bid. Any Bidder who is not a client in good standing of the Auctioneer may be disqualified at Auctioneer's sole option and will not be awarded lots. Such determination may be made by Auctioneer in its sole and unlimited discretion, at any time prior to, during, or even after the close of the Auction. To ensure the safety of all our bidders Audubon Auctions reserves the right to request a minimum of two industry references and/ or a bank letter of credit for all new bidders. International bidders that are unknown to Audubon Auctions will be required to deposit 20% of their anticipated expenditures. Please contact a representative at least 48 hours in advance of bidding for approval and payment instructions for all purchases. Auctioneer reserves the right to exclude any person from the auction. 

PAYMENT 

All merchandise must be paid for within TEN (10) days of the date of sale. We reserve the right to cancel any unpaid order after that time and to ban the bidder from future sales. A $100 cancellation fee will be charged for all unpaid orders. Credit cards (Visa, MasterCard and Discover) are accepted for auction payments up to $2,500.00 per invoice. Invoices and/or balances over $2,500.00 must be paid via personal or certified check, money order, or wired funds. Personal checks, money orders and cashier's checks may be held for up to 10 business days. Please email info@audubongold.com for bank-wiring instructions and/or to provide numismatic references. 

INTERNATIONAL BUYERS 

Foreign buyers, unknown to us, are required to deposit 20% of their anticipated expenditures before bidding. Please contact us in advance of bidding for bank wiring instructions. 

 

 

RETURN POLICY 

All lots are sold "as is." Lots graded by PCGS, NGC or other third-party grading services, or any lot viewed by the buyer or anyone on buyer's behalf prior to the auction, may not be returned. This is not an approval sale. All sales of lots to the highest bidder are final. Bidders are strongly advised and encouraged to research any lots upon which they plan to bid, and to determine bids, based upon their own evaluation. Bidders assume all risks concerning and related to the grade, quality, appearance, condition, history and origin of any lot. Bidders acknowledge that coin grading is not an exact science, that it can be subjective and inconsistent and that it is possible that two parties might assess or grade the same coin differently. AGE makes every effort to accurately describe all items offered in its sales. All items will be available for preview prior to the auction. 

SHIPPING 

Shipping costs will be billed separately and are non-refundable. Items will usually ship within 5-10 business days after payment has been received and/or funds have cleared. Coins will be shipped via Fed Ex or USPS or transported via armored carrier. The shipping charge includes fees for our third-party insurance coverage, as well as any costs incurred through the USPS or Federal Express. Any shipments made via armored carrier (Brinks, Dunbar, etc.) will be calculated and assessed at the time of shipment. 

INTERNATIONAL SHIPPING 

It is not possible for AGE to ship to some countries. Please email questions to info@audubongold.com. Payment for all international orders is required in US funds. Please contact chris@audubongold.com for bank wiring instructions. Customs requirements for each country are the responsibility of the buyer. All packages shipped outside of the United States will include the required customs declaration and full value of the invoice. 

RIGHTS AND RESPONSIBILITIES 

The auctioneer will determine the highest bidder. The auctioneer, alone, has the right to reopen the bidding for an item, if deemed necessary. AGE and its representatives reserve the right to remove any attendees who impede the preview and/or the auction. Title to all merchandise shall pass to the winning bidder after receipt of good funds by AGE. Bidders will be held responsible for their bids, including those bids placed incorrectly. PLEASE VERIFY BIDS BEFORE SUBMITTING THEM. In order to have a bid removed or corrected, bidder must contact AGE prior to start of the auction. Bidder waives auctioneer's responsibility and holds AGE harmless for failure to recognize, accept, receive or execute any lost or missing bids by internet, telephone, email, floor bid, fax, mail or other means. AGE reserves the right to postpone or cancel an auction without notice. Lots may be withdrawn at AGE's discretion, without prior notice. Lots may carry a reserve. A reserve is a price below which the auctioneer will not sell an item, or will re-purchase the item on behalf of the consignor or for AGE. AGE permits bids to be placed by the auctioneer, or an employee of the auctioneer, up to the pre-determined reserve set by the consignor. Audubon Auctions partner, Audubon Gold Exchange llc reserves the right to bid on items, for its own account and for the accounts of its clients. 

DISCLAIMER AND WARRANTIES NO WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE IS MADE OR IMPLIED ON ANY LOT. NO WARRANTY, WHETHER EXPRESSED OR IMPLIED, IS MADE WITH RESPECT TO ANY LOT EXCEPT FOR WARRANTY OF TITLE, AND IN THE CASE OF TITLE, AUCTIONEER IS SELLING ONLY THAT RIGHT OR TITLE TO THE LOT THAT THE CONSIGNOR MAY HAVE AS OF THE AUCTION SALE DATE. ALL LOTS ARE SOLD "AS IS" AND WITH ALL FAULTS. PURCHASER HEREBY ASSUMES ALL RISKS CONCERNING AND RELATED TO THE GRADING, QUALITY, DESCRIPTION, CONDITION, AUTHENTICITY, AND PROVENANCE OF A LOT. 

a. Coins and currency listed as graded by PCGS, NGC or any other 3rd party may not be returned for any reason other than for claims regarding authenticity.

b. Non-certified coins that have NOT been examined by the Buyer prior to the Auction Sale: if it is determined in a review by AGE that there is a material error in the catalog description of a non-certified coin, a return may be accepted upon notification no later than seventy-two (72) hours after delivery of the lots in question, and such lots are returned and received by AGE, in their original, sealed containers, no later than fourteen (14) calendar days after delivery, in the same condition the lot(s) were delivered to the Buyer, time being of the essence. 

c. If an item or items are returned pursuant to the terms herein, they must be housed in their original, sealed and unopened container. 

d. Late remittance or removal of any item from its original container, or altering a coin constitutes just cause for revocation of all return privileges. 

e. Grading or condition of rare coins may have a material effect on the value of the item(s) purchased, and the opinion of others (including independent grading services) may differ with the independent grading services opinion or interpretation of AGE. AGE shall not be bound by any prior, or subsequent opinion, determination or certification by any independent grading service. 

f. Questions regarding the minting of a coin as a "proof" or as a "business strike" relate to the method of manufacture and not to authenticity.

 g. All oral and written statements made by AGE and its employees or agents (including affiliated and related companies) are statements of opinion only, and are not warranties or representations of any kind, unless stated as a specific written warranty, and no employee or agent of AGE has authority to vary or alter these Terms and Conditions of Auction Sale. AGE reserves the right to vary or alter the Terms of Sale, either generally or with respect to specific persons or circumstances, in its sole discretion. Any variation or alteration shall be effective only if in writing and signed by an officer of AGE authorized to do so. 

h. AGE is acting as an auctioneer. Title to the lots purchased passes directly from the Consignor to the Buyer. Accordingly, AGE is not making, and disclaims, any warranty of title. 

i. Bidder acknowledges that the numismatic market is speculative, unregulated and volatile, and that coin prices may rise or fall over time. AGE does not guarantee or represent that any customer buying for investment purposes will be able to sell for a profit in the future. 

 

j. Bidder acknowledges and agrees that neither AGE, nor its employees, affiliates, agents, third-party providers or consignors warrant that auctions will be unimpaired, uninterrupted or error free and accordingly shall not be liable for such events. Waiver and Release Bidder, for himself, his heirs, agents, successors and assignees, generally and specifically waives and releases, and forever discharges AGE, and its respective affiliates, parents, officers, directors, shareholders, agents, subsidiaries, employees, managers and members and each of them, and their respective successors and assignees from any and all claims, rights, demands and causes of actions and suits, of whatever kind or nature, including but not limited to claims based upon Auctioneer's negligence, whether in law or equity, tort or otherwise, whether known or unknown, suspected or unsuspected (a "Claim"), which Bidder may assert with respect to and/or arising out of, or in connection with any challenge to the title to or authenticity of any goods purchased, the sale itself, any lot bid upon or consigned, and/or the auction, except where such Claim is otherwise expressly authorized in these Terms of Sale. It is the intention of Bidder that this waiver and release shall be effective as a bar to each and every Claim that may arise hereunder or be related to the Auction Sale. Disputes If a dispute arises concerning ownership of a lot or concerning proceeds of any sale, AGE reserves the right to commence a statutory inter-pleader proceeding at the expense of the Consignor and Buyer and any other applicable party, and in such event shall be entitled to its reasonable attorneys' fees and costs. AGE reserves the right to cancel or postpone the Auction Sale or any session thereof for any reason whatsoever. No Bidder shall have any claim as a result thereof, including for incidental or consequential damages. Neither AGE nor any affiliated or related company shall be responsible for incidental or consequential damages arising out of any failure of the Terms of Sale, the auction or the conduct thereof and in no event shall such liability exceed the purchase price, premium, or fees paid. Rights granted to Bidders under the within Terms and Conditions of Auction Sale are personal and apply only to the Bidder who initially purchases the lot(s) from AGE. The rights may not be assigned or transferred to any other person or entity, whether by sale of the lot(s), operation of law or otherwise. Any attempt to assign or transfer any such rights shall be absolutely void and unenforceable. No third party may rely on any benefit or right conferred by these Terms and Conditions of Auction Sale. Any dispute arising out of or related to these Terms of Sale, the Auction Sale or any lot, with the sole exception of actions by Audubon Auctions to collect amounts owed to it and other damages, shall be submitted to binding arbitration pursuant to the commercial arbitration rules of the American Arbitration Association, with any arbitration hearing to occur in St Tammany Parish, Louisiana. Absent an agreement of the parties, the arbitrator shall limit discovery to that which is necessary to enable the hearing to proceed efficiently. The arbitrator shall not have the power to award punitive or consequential damages, nor alter, amend modify any of the terms of this Agreement. The award by the arbitrator, if any, may be entered in any court having jurisdiction thereof. Each party shall pay one-half the costs of the arbitration. Bidder acknowledges and agrees that the competent courts of the State of Louisiana shall have exclusive in personam jurisdiction, subject to the requirement to arbitrate, over any dispute(s) arising hereunder, regardless of any party's current or future residence or domicile. Bidder further agrees that venue of the arbitration proceeding shall be in St Tammany Parish, Louisiana; and any court proceeding shall be in the St Tammany parish Superior Court, in the State of Louisiana, and in each case waive any claim of Forum Non Conveniens. Bidder agrees that any arbitration or legal action with respect to this Auction Sale is barred unless commenced within one (1) year of the date of this Auction Sale. AUCTION PARTICIPANTS EXPRESSLY WAIVE ANY RIGHT TO TRIAL BY JURY.