Terms and Conditions
Last update: March 9, 2012
TERMS AND CONDITIONS
INTERNET SUMMER AUCTION NOTE: Note: Do not wait until the last second to bid your maximum! Each lot will close at a specific time, and if your top bid is not entered by the closing time, you will lose the lot for less than your maximum.
Auction will begin closing at 6:00 PM EDT and each lot will close in sequence every 20 seconds.
Note: do not wait until last second the system only will allow one bid per second and you might loose the lot, bid well ahead and put your secret maximum.
1) Each lot will be sold to the highest bidder unless the reserve or starting price is not met. Bids may be submitted in person or by mail, telephone, fax, email, or live on the Internet until each lot is closed during the live session. All bids must be received before the auction session begins. Daniel Frank Sedwick, LLC (hereinafter referred to as “Auctioneer,” or “we,” “us” or “our”) or any of its employees individually cannot be responsible for errors in bidding or the loss or delay of any bids that do not reach us by the closing date and time, or for any technical glitches that prevent internet bids from being executed. All bids are in U.S. dollars. In order to bid, every bidder must first register to bid online, which may be done via Auctioneer staff either verbally or in writing, as through submission of a Bid Sheet by fax or email. By submitting a bid, the bidder acknowledges having read and understood these Terms as well as the lot description, and the bidder agrees to be bound by these Terms. Bidder further agrees that an invoice describing the lot by number incorporates these Terms and the lot description.
2) Winning bids will be reduced automatically by the iCollector platform to the next increment above the second-highest bid. In the case of tie bids, the earliest bidder will win the lot. Bidders are advised to provide allowable percentage increases to avoid losing lots due to a tie.
3) A winning bid is considered a formal contract between the buyer and the consignor. The winning bidder, even if acting as an agent for someone else, is considered the buyer, and, by submitting his bid, agrees to purchase the lot(s) he has won and to pay the Buyer’s Premium and any shipping costs, sales tax, bank-wire fees, customs duties, or other surcharges involved in delivering the lot(s) to the buyer. Certain lots (particularly artifacts) may require special packaging and handling, for which a surcharge will be levied (also note shipping calculations will delay invoicing). In some special cases delivery may be arranged directly between the consignor and the buyer, at the buyer’s cost. At no time shall the buyer have any legal recourse against the consignor for any reason. Winning bidders will be notified as soon as possible after the sale with an invoice reflecting the total amount due and shall remit payment within two weeks of notification or within one month of the date of the first session of the auction, whichever is sooner. Winning bidders who do not receive notification for whatever reason are NOT released from their obligation to pay on time. If payment has not been received within these terms, the Auctioneer reserves the right to sell the lot(s) to any under-bidders for their lower bid amounts. Title to each lot does not pass until the item has been paid in full. Any late payments (one month past invoice date) will be assessed an accrued interest charge of 2% per month.
4) Unless other arrangements are made, all lots will be sent to winning bidders via U.S. Mail when the invoice has been paid in full. All domestic shipments will carry full insurance, but foreign shipments are made at the buyer’s risk (insurance available in some cases). Daniel Frank Sedwick, LLC is responsible for loss or damage to lots only up until they are received at the address to which they are sent; any transshipment from there is the buyer’s responsibility alone. Generally, lots will be shipped in the order in which they are paid.
5) A Buyer’s Premium of 18% will be added to the winning bid for the total purchase price before any applicable tax or surcharges. Winning bidders who pay by cash, check, money order, wire transfer or direct deposit are eligible for a reduction of the Buyer’s Premium by 3% (net 15%).
6) Acceptable forms of payment are cash, check, money order, wire transfer, direct deposit, PayPal, Visa/MC, American Express and Discover. All payments by check or money order should be made payable to Daniel Frank Sedwick, LLC. Payments by PayPal, limited to $5,000 per auction per buyer, should be made to email@example.com. All payments shall be in U.S. dollars drawn on a U.S. bank. Please contact us for instructions for wire-transfer payments, for which bank charges may be necessarily added to the amount to be paid, generally depending on the country from which the wire originates.
7) New bidders who do not have established credit with us must supply commercial references in the numismatic field and/or a 25% deposit. Credit cards are acceptable in lieu of a deposit. If your bids are unsuccessful, your deposit will be refunded, but if you are a winning bidder, your deposit will be applied to your purchase unless other arrangements are made. Any bidder with an overdue balance with Daniel Frank Sedwick, LLC must complete payment of that balance before his bids will be accepted.
8) You may opt for “either/or” and/or “total budget” bids on your bid sheet. “Either/or” bids are used when you want just one (or whatever number you specify) of two or more lots but it does not matter which of those lots you get. “Total budget” bids are used when you are bidding on more lots than you expect to win and do not wish to spend more than a specified amount. Both options are subject to a minimum of $5,000 total in bids and “either/or” bids are additionally subject to a minimum of $100 per lot (below that, bidders should bid live on the Internet instead). These options are not available for bids submitted via iCollector (either live or by proxy).
9) Most lots are unreserved, but some lots do have a secret reserve or minimum bid assigned by the consignor. Any reserve will generally be below or within the stated estimate range. All estimates are given in U.S. dollars.
10) As an active dealer, Daniel Frank Sedwick, LLC is able to estimate a reasonably low wholesale level for each lot and reserves the right to reject any bids below this level (generally at least 70% of low estimate). Furthermore we reserve the right to reject any bids that we have reason to believe are not submitted in good faith. Starting bids are provided on iCollector when the auction is published, and bids below those starting bids cannot be entered. Prices realized do not necessarily reflect accurate market values so much as what the high bidder is willing to pay based on his own needs.
11) All items are guaranteed genuine, except where specifically indicated in the description. Daniel Frank Sedwick, LLC does NOT guarantee that any lots can be successfully encapsulated (coins) or safely operated or used (artifacts), even if explicitly or implicitly stated in the descriptions. Auctions are NOT approval sales, and therefore returns are NOT accepted UNLESS there is an error in the listing. Note that grading and estimation of corrosion are subjective and differences of opinion cannot be considered errors. Lots encapsulated by PCGS, NGC or any other third-party company may not be returned for any reason. Disputes as to coin authenticity shall be resolved by submission to PCGS or NGC, and if their determination is inconclusive, then the opinion of Daniel Frank Sedwick, LLC shall stand. Any disputes, including proposed returns, must be brought to our attention no later than 2 days after receipt of the lot(s) by the buyer and BEFORE return shipment to us, with any applicable refunds to be made immediately upon receipt of the returned item(s) by us. All returns must be received by us in unaltered condition and in their original, unopened, sealed flips no later than one month after the date of the first auction session (note that late remittance, therefore, can negate return privileges). Any refunds for returns paid for by credit card will be subject to a 3% return fee.
12) Lots may be inspected at our private office in Winter Park by appointment only during our office hours of Monday through Friday, 10 a.m. to 4 p.m. High-quality photos of all items are viewable on our website and on iCollector 24 hours a day, 7 days a week. All photographs in the catalog and online are of the actual lots being sold but may not be actual size or to scale. Color and brightness of online photos may vary according to your monitor and video-card specifications.
13) For any won lots that are delivered within Florida, sales tax (6% to 7.5%, depending on your county) will be added to all non-exempt purchases of items that are NOT coins or bullion. Non-exempt coins and bullion are also taxed if the total coin and/or bullion purchase is less than $500. Exempt purchases require a copy of the buyer’s current exemption certificate or overseas exportation affidavit.
14) All bidders and consignors acknowledge and agree that the Auctioneer (Daniel Frank Sedwick, LLC) does NOT guarantee that auctions will be unimpaired, uninterrupted or error-free and accordingly shall not be liable for such eventualities. Any errors in the printed catalog will be rectified on the website and iCollector as they come to our attention, and those corrected listings shall be deemed the binding descriptions at the time of the auction. The Auctioneer in its sole and absolute discretion may accept or decline any bid, remove bids and reopen bidding, withdraw lots, or change lot sequence or bidding increments at any time, even after the winning bid and winning bidder have been announced. Any bidding disputes shall be adjudicated by the Auctioneer, whose decision shall be deemed binding and final. All oral and written statements made by the Auctioneer and its employees are statements of opinion only, and are not warranties or representations of any kind, unless specifically stated in writing to be a warranty. The Auctioneer reserves the right to vary or alter the Terms, either generally or with respect to specific persons or circumstances, in its sole discretion, but any such variation or alteration shall be effective only if in writing and signed by the Auctioneer.
15) This auction is conducted in accordance with the auction laws of the State of Florida. The licensed auctioneer is Daniel Frank Sedwick, AU#3635, AB#2592. Any legal disputes regarding this auction shall be resolved through the courts of Orange County in the State of Florida.