Abacus Auction sale #228
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Terms of Sale - Public Auction

  1. ABACUS: Abacus Auctions Pty Ltd, a company incorporated in the State of Victoria, is the Auctioneer. Abacus is a member of the Australasian Philatelic Traders Association (APTA) and adheres to the APTA Code of Ethics..

  2. DESCRIPTIONS: Abacus endeavours to describe lots fully and accurately. The Description of a lot comprises the Symbols and Grading System (as set out on the opposite page), the written description, any illustration of the lot or part of the lot, and any amendments thereto published in Saleroom Notices and/or on the Abacus website.

  3. ESTIMATES & RESERVES: The Estimate is in Australian Dollars. The Reserve is set at 75% of the Estimate (rounded to the nearest bidding step) unless otherwise indicated in the Description. Bids below the Reserve will not be accepted. Where “Offer” appears instead of an Estimate, there is no Reserve and the Starting Price is at the Auctioneer’s discretion if there are no bids.

  4. STARTING PRICES & HAMMER PRICES: The Starting Price of a lot will be one Bid Step over the second-highest bid received prior to auction, or if no bids have been received, the Reserve. The Hammer Price is the price at which a lot is sold to the Buyer. Lots marked “T” attract GST when sold to Australian Buyers only, and in this case the Hammer Price includes the applicable GST.

  5. BIDDING: Bids may be placed by mail, phone, email or through the Abacus website before the auction up until such time as notified (Absentee Bids), or in person, by phone (upon at least 24 hours notice; see website for special conditions) or through an Agent during the auction (Room Bids). All Agents must advise Abacus of the person(s) for whom bids are being placed or else the Agent will be personally liable as the Buyer. Abacus has absolute discretion to refuse to accept Bids for any reason whatsoever.

  6. BID STEPS: Abacus uses the following Bid Steps:

    Up to $50

    $2 rises

    $500 - $750

    $25 rises

    $5,000 - $10,000

    $250 rises

    $50-$150

    $5 rises

    $750 - $1,500

    $50 rises

    $10,000 - $15,000

    $500 rises

    $150 - $300

    $10 rises

    $1,500 - $3,000

    $100 rises

    $15,000 - $30,000

    $1,000 rises

    $300 - $500

    $20 rises

    $3,000 - $5,000

    $200 rises

    over $30,000

    5% approx

    Abacus reserves the right to raise or lower non-conforming Absentee Bids depending on the bidder's apparent intention.

  7. BUYER: The Buyer is the person to whom a lot is sold by Abacus, either as the highest bidder at auction or the earlier bidder in the case of tied bids, or upon acceptance of a post-auction offer, or by any other means. In the event of a dispute, Abacus shall have absolute discretion in deciding who is the Buyer. Legal title to a lot does not pass to the Buyer until full Payment is received.

  8. BUYER'S PREMIUM: Abacus charges a Buyer’s Premium of 19.8% which is added to the Hammer Price of each lot sold.

  9. PAYMENT: Payment of the Hammer Price, the Buyer’s Premium, shipping & insurance charges (together the Invoice Total) for all lots sold to the Buyer are due and payable to Abacus immediately upon sale (Room Bids) or upon receipt of invoice (Absentee Bids). Payment must be made in Australian Dollars unless otherwise agreed by Abacus (please enquire for details).
    If the Buyer does not make Payment of the Invoice Total in full within 30 days from the due date of the invoice, Abacus may at its absolute discretion exercise the following rights (or any one or more of them) to -
    1) add an accounting fee of $10 plus 2% interest per month (or part thereof) to the Invoice Total;
    2) apply any monies due at any time from Abacus to the Buyer in Payment of all or part of the Invoice Total;
    3) terminate the sale, retain any monies paid, re-offer the lot(s), and recover any shortfall plus costs from the Buyer; or
    4) take legal action against the Buyer for breach of contact.

  10. RETURN OF LOTS: No lot may be returned except where there is an error in the Description. Returns are subject to the lot being in the same condition as sold, and in particular that the lot or items within it have not been immersed in water or other fluid, nor treated by any process, nor marked by an Expert or Expert Committee. These further restrictions also apply -
    1) a lot that has been inspected by the Buyer or by the Buyer's Agent cannot be returned for any reason whatsoever;
    2) a lot that is illustrated in the catalogue or on the website, or of which an illustration has been supplied to the Buyer or to the Buyer’s Agent cannot be returned for any reason that is apparent from the illustration; and
    3) a lot that is offered “as is”, or expressed to be a "range", "group", "selection", "array", "collection", "accumulation" or similar, or contains more than 10 items (except a set of stamps) cannot be returned for any reason whatsoever.

  11. CERTIFICATES OF AUTHENTICITY & EXTENSIONS: The Buyer may request that the sale of a lot be made conditional upon the receipt of a satisfactory Certificate of Authenticity with the sale to be on “Extension”. Such a request must be made in writing prior to the sale of the lot, and Abacus shall have absolute discretion whether to grant the request and to which expert or expert committee it shall submit the lot for a Certificate. An Extension request will generally not be granted if the lot is offered with a recent Certificate or if the stamp(s) has/have perforated initials (perfins). Where an Extension request is granted, the Buyer must make full Payment for the lot under Clause 9 and bear all costs of obtaining the Certificate. If the Certificate is unsatisfactory, the Buyer is entitled to Return the lot for a full refund including Certificate costs. A Certificate shall only be considered unsatisfactory if it states that a lot is materially different from its Description. Where a lot is described as defective or not genuine in any respect, a Certificate is not unsatisfactory merely because it mentions any further shortcomings not listed in the Description. Where the expert or expert committee is unable to render an opinion, this does not constitute an unsatisfactory Certificate.

  12. GOVERNING LAW: The Terms of Sale shall be governed by and interpreted in accordance with the laws of the State of Victoria.

  13. ACCEPTANCE: Placing a Bid by any method constitutes acknowledgment and acceptance of these Terms of Sale.

     

    New Clients – References
    If you have not dealt with us previously, please provide two references from major Stamp auction houses with whom you have conducted business recently.

     

    Payment Methods

    We accept payment by Visa & Mastercard credit cards without any additional fees or surcharges. Please provide credit card details (including name, billing address, card number, expiry date and last three digits of the security number) when placing your bids. Credit cards will be billed in Australian Dollars (A$) for the Hammer Price, 19.8% Buyer’s Premium, shipping & handling charges plus 1% insurance fee. Bidders paying by credit card receive priority invoicing and shipping. Please note: we do not accept payment by PayPal.

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Imprint

Abacus Auctions

Director Torsten Weller

19A Hampshire Road
Glen Waverley, Vic 3150
AUSTRALIA

info@abacusauctions.com.au

Tel: (03) 8513 0595 ×
Abacus Auction sale #228

Auction Date: July 22nd, 2018

Abacus Auctions
19A Hampshire Road
Glen Waverley, Vic 3150
AUSTRALIA

Tel: (03) 8513 0595

More Auction Information

Payment Options:

  • Bank transfer
  • VISA-Card
  • Master/Euro-Card

Terms and conditions

Information for Online Disputes

Special Auction Conditions:

Abacus charges a Buyer’s Premium of 19.8% which is added to the Hammer Price of each lot sold.

× Abacus charges a Buyer’s Premium of 19.8% which is added to the Hammer Price of each lot sold.

Lot 503

Australia, New Zealand and the Pacific Islands - Australia

Description

Adelaide Pound Type I 1852 Wide Edge Reeding (22.75mm, 8.76g, 135.6gns or 5DWT:15gns), Die Crack and Inner Beaded Circle, Obv. 'VALUE/ONE/POUND' surrounded by beaded circle between inner and outer rims, 'WEIGHT 5 DWT 15GRS/* 22 CARAT *', Die Crack at 12 O'clock from outer rim to inner beaded circle, rev. '[Crown]/1852' surrounded by crenellations within beaded circle, 'GOVERNMENT ASSAY OFFICE/* ADELAIDE *', well struck, clear fields except light scratches on obverse to right of Crown. EF.



Australia's first minted gold coin and of great historical & numismatic significance. Fewer than 30 pieces known, of which perhaps half are instutionalised, and undoubtedly one of the finest examples extant.

Terms of auction



We auction goods as commission agent in our own name and for account of not named consignors. Participation in the auction shall be deemed express
acknowledgement of these Terms and Conditions of Auction.

The hammer price is the basis for the calculation of the buyer‘s surcharge. The buy price is hammer price plus 20% surcharge (relevant VAT included
in the premium). All buyers from countries outside the EC pay a fixed buyers fee of 17%. In case buyers from abroad (no EC country) export the goods
by themselves or third parties, the relevant VAT will be charged but refunded by presentation of the legally export certificate. In case we export these
goods the relevant VAT will not be charged. For gold coins which are free of VAT, we charge a buyer‘s fee of 15%. All other auction lots are acharged with
differential taxation.

Foreign taxes and custom duties shall be carried by buyer as well as shipping expenses charged according to effort. The hammer shall fall after the highest
bid has been called out three times. The knockdown shall oblige to take immediately delivery of the goods. Upon good cause shown we can refuse or
reserve the knock down. In theevent of several equal bids we have the right to knock down at our own discretion, to decide by drawing lots or re-open
the bidding. The auctioneerreserves the right to combine or to separate lots for good cause. Lots will not be called out of sequence. In case of a reserved
knock down the bidexpires 4 weeks after the knock down unless we informed the bidder within this period of the unreserved acceptance. Ownership
of the goods shall not pass until full payment. Unless mutually agreed otherwise, payment of the auction bill from buyers present at the auction is due
immediately, for other buyers within 20 days after receipt of the bill. Defaulted payments shall bear an interest charge of 1% per month in the amount in
default. Buyer shall immediately take over the knocked down goods. In case buyer is in default with this obligation and does not take over the goods in
spite ofa written deadline, or refuses to take over, we can withdraw from contract and claim damage provided that the item may be put again to auction
at this buyer’s cost. In this event the buyer shall be liable for any shortfall, while he shall have no right or claim towards any excess proceeds. Alterntely
the auctioneer has the right to sell unpaid lots to second bidders. In this case there are the same consitions as in a new auction sale.

The minimum bid scale is set out below:
up to € 100   € 5
up to € 200   € 10
up to € 500   € 20
up to € 1000   € 50
up to € 2000   € 100
up to € 5000   € 200
up to € 10000   € 500
up to € 20000   € 1000
up to € 50000   € 2500
from € 50000   €5000 (10%)

We carry out best possible written or orders via telephone or internet and treat them equal to orders to present bidders. Orders from collectors unknown
to the auctioneer can only be accepted and carried out if a deposit or references to the satisfaction on the auctioneer are given. To be bindingly accepted,
written bids need to be received at least 24 hours before auction, bidders via telephone need to be registered at the latest two work days before auction.
If necessary, we are allowed to increase the bids by 3-5%. Bids amounting to less than 90% of the estimate shall not be executed. Unlimited bids shall not
oblige us to consider, accept or carry out such order. Written orders or those via Internet will be carried out without charge of an extra commission; they
shall name the item with catalog number and the bid price and are binding.

Ambiguities shall be carried by the bidder. We do not assume any liability for such bids, especially not for connecting and keeping up telephone lines and/
or transmission errors, as well as not for off times and lag times, caused by attendance and restore of the server, by errors and problems of the Internet, by
force majeure or reason outside of our responsibility. This does not apply in case we are acting in intentional or grossly negligence.

The descriptions of the goods in the catalog do not constitute any warranty or liability in the meaning of § 434 BGB but are provided as mere information.
The state of preservation of items is strictly assessed in accordance with the grades accepted by the German coin trade and only represents an individual
and personal assessment. The authenticity of the coins is warranted (up to the total purchase price) unless anything to the contrary is noted in the
catalog or the auction. In other respects, any and allwarranty claims based on material defects of quality and defects of title are excluded. In view of the
opportunity of prior inspection to ascertain the state and condition of the auction lots, complaints of errors resulting of the imagesare excluded. Buyers
present at the auction acquire items strictly on thebasis of “as is where is” and “as inspected”. If and when auctioned in lots, the quantities of individual
pieces given, only represent an approximate figure. Lots of two or more pieces are sold “as is” and not to return in any case.

Any and all warranty claims based on material defects of quality and defects of title or on an error in the allocation of individual pieces to a certain lot
are excluded. We forward quality complaints to the deliverer claimed within the legal period of warranty. To our own choice we assign possible claims
resulting out of the commission contract to buyer or compensate buyer by unwinding of contract, at which a claim of buyer exceeding the purchase price
is excluded. For pieces consigned to us in so-called „slabs“ (plastic holders from grading companies) the stated Teutoburger warranty of authenticity is
not applicable. Also we are not liable for defects such as rim damages, traces of mounting or filing etc. that are covered by the plastic holder. In case buyer
intends to deliver goods to a Grading Service, we do not guarantee the respective acceptance or the classifying according to our valuation.

Damage claims of buyer - irrespective of legal basis - are excluded. This shall not apply for damages resulting out of our intentional or grossly negligent
conduct of our legal representatives respectively are caused in the breach of contractual cardinal obligations; to this degree, liability is limited to damages
that are foreseeable and typical for this type of contract. This shall not effect our liability for damages to life, limb, or health. Offsetting counterclaims of
buyer are excluded, unless the claim is uncontested or has been declared legally valid by court. Retentions rights of buyer are excluded unless he is not a
trader (§ 14 BGB) and his counterclaim results from the same contractual relationship.

This Agreement shall be governed by and construed in accordance with the laws of Germany. The UN Convention (CISG) on the International Sale of
Goods shall not apply. Against traders (§ 14 BGB) and purchasers from abroad the exclusive jurisdiction shall be the Court of Halle/W. in relation to any
dispute or claim arising out of or in connection with the purchase. The German version of these conditions shall be the legally binding. The invalidity or
inefficiency of any provision shall not effect the validity of all other provisions. In lieu of the invalid or inefficient provision or for the purpose of closing
the gap, s reasonable provision shall apply.

Unless catalog owners, auction participants and bidders do not express otherwise, they assure that they use the catalog and it`s contained timehistorical
and military items from the period 1933-1945 for purposes of civic information, the defense of unconstitutional efforts , the art or science of research
or teaching , the education and reporting on the events of current affairs or history or similar purposes (§ 86a, paragraph 3, of the StGB). The company
Teutoburger Münzauktion GmbH , the auctioneer and his consignors offer these items only under these requirements. With the submission of bids for
items that are provided with emblems of the Third Reich , the tenderer is obliged only for historical scientific reasons as mentioned above to acquire these
things and propaganda in any way , especially in the sense of § 86a StGB to use. ×

Public Auction

Minimum bid

45000.00 AUD
(app. 28202 EUR)

End date of bidding:

Sunday 22.07.2018, 07:00 AEST

Your maximum bid:

AUD

Current Auction Time (MET): Tuesday 17th 2018 July 2018 - 00:21