THE NEW YORK SALE auciton XXXIX

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7.6. If we agree that the Lot is a Forgery then subject to:
(a) you being able to confirm in writing that you can transfer legal and
beneficial title to the Lot to us or as directed by us free from all encumbrances or third
party claims of any nature; and
(b) the exclusions in Condition 7.7,
then the sale of the Lot will be rescinded so that it is cancelled and we will refund the
Purchase Price to you in full.
7.7. Your right to return the Lot and receive a refund of the Hammer Price under the
Guarantee is your sole remedy against us, our agents and sub-contractors and/or the
Seller for a Forgery. You will not be entitled to claim interest on the amount due to
you. Neither we, our agents or sub-contractors nor the Seller shall be liable for costs,
expenses, damages or any other liability however it arises relating to a Forgery.
7.8. In accordance with the restriction in Condition 10.2, the benefit of the Guarantee is
personalto the Buyer and is nottransferable toa newowner ofthe Lot orany other person.
8. EXCLUSION OF LIABILITY AND WARRANTIES
8.1. Except where these conditions expressly state otherwise, no warranty as to
merchantability or fitness for a particular purpose is given to a buyer concerning a lot and
each lot is sold “as is” and as shown with all faults, imperfections, errors of description
(including authorship, origin, age, size, condition or value) or lack of authenticity or
genuineness and neither we nor the seller nor any of our agents or sub-contractors will be
liable for any damages, costs, expenses or any other liability arising out of the same whether
or not caused by negligence. Furthermre, the Auctioneer offers no representation that a
numismatic item has or has not been cleaned; that any toning is natural or artificial; that any
coin will meet the standards or grade of any independent grading service; that any item has a
particular provenance or pedigree, or that a numismatic item is struck or produced in a
particular style. Any statement concerning such matters reflects an opinion only. 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. The auction is not an approval sale.
8.2. Except as provided in 6.3, any claims for adjustment other than authenticity
must be made in writing within seven (7) days after delivery of the goods. No Lots
may be returned without our written permission. It is the Buyer’s responsibility to
have the Lots fully insured while in his possession. Our maximum liability under
these Conditions is the amount of the Purchase Price paid by you.
8.3. Notwithstanding anything to the contrary in these Conditions of Sale, Coins listed in
this catalogue graded by PCGS or NGC, may not be returned for any reason whatsoever.
Whatever current guarantees and or warrantees granted by PCGS and or NGCmirrors ours.
8.4. All oral and written statements made by the Auctioneer and its employees
(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 the Auctioneer has authority to vary or alter these
Conditions of Sale. Any alteration shall be effective only if in writing and signed by
an officer of the Auctioneer authorised to do so.
8.5. Neither we nor any of our agents or sub-contractors shall be liable, whether in tort
(including negligence or breach of statutory duty), contract, misrepresentation or otherwise:
(a) for loss of profits or business, depletion of goodwill and/or similar losses;
loss of contracts; or
(b) any special, indirect, incidental, consequential, exemplary or pure
economic loss, costs, damages, charges or expenses.
8.6. We shall not be liable to you or be deemed to be in breach of these Conditions by
reason of any delay in performing, or any failure to perform, any of our obligations in the
Conditions, if the delay or failure was due to any cause beyond our reasonable control.
8.7. Nothing in these Conditions excludes or limits our liability for any matter
which it would be illegal for us to exclude or attempt to exclude under New York law
or for our fraud or fraudulent misrepresentation.
9. DATA PROTECTION
9.1. By agreeing to these Conditions, a Bidder acknowledges and agrees that we will
use personal information of a Bidder for the purpose of the Auction and ancillary
matters, including providing a Buyer's personal details to any other person where
necessary to enforce our rights under these Conditions.
10. GENERAL
10.1. These Conditions and the Seller's Conditions constitute the entire agreement between
us and supersede all other agreements, understandings, warranties and representations
concerning the subject matter hereof. All other terms, warranties and representations, express
or implied by statute or otherwise are excluded to the fullest extent permitted by law. No
variation to these Conditions shall be legally binding unless agreed in writing by us.
10.2. All rights and benefits granted to a Bidder under these Conditions are personal to
him and may not be assigned or in any other way transferred to any other person. Any such
assignment or transfer will be invalid and unenforceable against us.
10.3. A notice required or permitted to be given by either of us to the other under
these Conditions shall, in the case of a Bidder, be to the last address notified to us and
in the case of Auctioneer, shall be to the registered office of Auctioneer.
10.4. No failure or delay by us in exercising any of our rights under these Conditions shall be
deemed to be a waiver of that right, and no waiver by us of any breach of these Conditions by
you shall be considered as a waiver of any subsequent breach of the same or any other provision.
10.5. We may perform our obligations and exercise our respective rights through any
of our group companies or assign our rights under these Conditions.
10.6. If any provision of these Conditions is held by any court or other competent
authority to be invalid or unenforceable, in whole or in part, the validity of the other
provisions and the remainder of the provision in question shall not be affected.
10.7. These Conditions, as well as the Buyer’s and our respective rights and
obligations hereunder, shall be governed by and construed and enforced in accordance
with the laws of the State of New York. By bidding at the Auction, whether in
person, by agent, Commission Bid, telephone or other means, the Buyer shall be
deemed to have consented to the exclusive jurisdiction of the state courts of, and the
federal courts sitting in, the State of New York.
11. INTERPRETATION
11.1. In these Conditions:
‘Auction Agent’, ‘ Auctioneer’, ‘us’ or ‘we’ means A. H. Baldwin & Sons Ltd.,
Dmitry Markov Coins & Medals, M&M Numismatics Ltd., and Ira & Larry Goldberg
Coins & Collectibles Inc.;
‘Bidder’ and 'you' means a person making, attempting to make or considering making
a bid for a Lot including a Buyer;
‘Buyer’ means the person who makes the highest bid for a Lot which is accepted by the
auctioneer and if the person is acting as an agent, will be a reference to its principal only if
Auction Agent has accepted the agency in writing;
‘Catalog’ means a catalog, price list or other publication or price list;
‘Commission Bid ’ is an instruction from a Bidder to us to bid on their behalf at the Auction;
‘Conditions’ means these conditions of sale and any other additional terms notified to
Bidders in writing in a Catalog or otherwise (which includes notices displayed at the
Auction) or as agreed in writing between Auction Agent and the Bidder;
‘Hammer Price’ means the amount of the highest bid for a Lot accepted by the auctioneer;
‘Including’ or ‘include’ mean including without limitation and include without
limitation, respectively;
‘Lot’ means any item deposited with us for sale at auction including items described
against any Lot number in a Catalog;
'Purchase Price' means the Hammer Price plus Buyer's Premium and New York sales
tax, where applicable;
'Reserve' means a confidential price below which the Auctioneer will not sell a Lot or
will re-purchase on behalf of the Seller or for the account of Auctioneer. Unless
otherwise specified at the time of Lot consignment, this will be set at approximately
80% of the Lot estimate at complete discretion of the auctioneer;
'Seller's Conditions' means the terms and conditions of sale between Auction Agent
and a Seller for the sale of a Lot as displayed in the Auction room, on our website or
available from Auction Agent.
11.2. Headings in these Conditions are for convenience only and shall not affect
their interpretation.
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Payment can be made by:
• US$ check/bank draft or deposit payable to: A. H. Baldwin & Sons Ltd.
• Bank Transfer: Citizens Bank, Boston, Massachusets, a/c no 1306810466, in the name of A. H. Baldwin & Sons Ltd
for domestic US wires: ABA # 011500120
for international wires: ABA # 211070175 international wire: SWIFT code CTZIUS33
Please email details of your payment to A. H. Baldwin & Sons Ltd at
REMEMBER TO M BID SHEETS EARLY
AND TO SEND THEM TO ONLY ONE OF THE AUCTION PARTNERS
GOOD LUCK!
Payment can be made by:
US check/bank draft or deposit pay ble to: Gold erg Coins & Collectibles
Bank Transfer: Mechanics Bank, Beverly Hill, CA., Account # 3102005893, Ira & Larry Goldberg C&C (New York Account)
f r domestic US wires: ABA#122 244 854
for international wires: Swift Code CRBKUS6L
(We do not pay wiring costs. Add $20.00 for International Wires or $15.00 for Domestic Wires)
Please email and notify us of your payment to Goldberg Co
REMEMBER TO MAIL, FAX OR EMAIL YOUR BID SHEET EARLY
AND SEND THEM TO ONLY NE OF THE AUCTION PARTNERS
GOOD LUCK AT THE AUCTION!