General Conditions of Public Sale
which shall be exclusively applicable also if no written confirmation has been made upon delivery of bids, orders or personal bids at the auction.
1. The auction is public and voluntary and is held in the own name and for the own account. The auctioner reserves the right not to allow certain persons to assist in the auction.
2. Stamp lots are sold off against immediate cash payment. A lot is considered to be knocked down if after 3 calls, no higher bid has been made. If the assignment of the lot is doubtful, the auctioneer is entitled to put the lot up at auction another time. The auctioneer is authorized to refuse the assignment, withdraw, regroup or split stamp lots. If more than one equally high bids have been made, sale will be decided by chance drawn.
3. The minimum advances in bidding are:
- to 5.000 Ft - 200 Ft,
- to 10.000 Ft - 500 Ft,
- to 20.000 Ft - 1.000 Ft,
- to 50.000 Ft - 2.000 Ft,
- to 100.000 Ft - 5.000 Ft,
- to 200.000 Ft - 10.000 Ft,
- to 500.000 Ft - 20.000 Ft,
- from 500.000 Ft - 50.000 Ft.
4. The asseignment engages purchaser to buy. Bidders present in the sale room shall pay the invoice immediately. Bidders, who made their bids in writing, shall pay the auction invoice upon receipt. Any other mode of payment shall exclusively be agreed prior te each auction. Otherwise stamps will be mailed cash on delivery or against advance payment. If purchaser has delaid his payment, a 1% interest rate will be charged per month or fraction of a month. The interest rate can be higher if the auctioneer proves expenses charged with a higher interest rate and the interest rate can be lower if purchaser proves lower expenses. If purchaser does not meet his obligations to pay or does not accept the auctioned stamp lots, the auctioneer is entitled, after having set a term and warned purchaser not to deliver, to cancel the sale and lodge a claim for non-fulfillment.
5. The ownership in the stamps passes to the purchaser after full payment only - if payment is made by cheque or other means of payment after cashing only. The claim for delivery of the auctioned stamp lots exists only after full payment. Written bids will be executed in purchaser's interest and scrupulously at all times, but without any guarantee.
6. Mailing of auctioned stamp lots is done for purchaser's account. Mailing risk passes to purchaser as soon as the stamps have been delivered to post office.
7. The description of the stamp lots is done with utmost care and to the best knowledge but does not stand for the asserted qualities. All stamp lots can be seen and inspected before and during the auction in the sales room of the auctioneer during the hours stated in auction catalogue. Except stamp collections, collection lots or other big lots, any other stamp lot can be requested by the potential purchaser to inspect it if he pays the mailing expenses and the insurance fees. Potential purchasers, not known to the auctioneer get requested stamps against references only. Claims, in particular with regard to quality and quantity of stamp collections, collection lots or other big lots are not accepted. Unless otherwise stated in the description, stated catalogue prices are made without engagement and the asserted quality is not guaranteed. Lots with faults described cannot be claimed for small additional faults. Faults, wich are shown in the photos (cut, indentation, post-mark, centering etc.) cannot become objective of a claim. Any claim is not accepted if stamps or stamp lots have been modified. Modifications are in particular the removal of hinges, hinge or paper residues, watering, treatment with chemicals and the affixing af marks of any kind. By making a bid for stamps which have been tested before or which have got a test certificate, the potential purchaser acknowledges as true the test marks respectively test certificates at his disposal for inspection respectively his information, unless the bidder has declared that he makes his bid under the reserve, that it will be confirmed by an expert designated by him and accepted by the auctioneer. Furthermore, all claims for overt faults must have reached the auctioneer within 14 days after personal transfer or after delivery by the post office. The auctioneer can, with the purpose to establish purchaser's claim, demand that purchaser presents for his account two test certificates from two different approved special experts who are independent of each other. Stamps clearly identified as falsifications, may be marked as such by the experts. If claims have been acknowledged, purchaser is entitled to get paid back the sales price, commission and test expenses against presentation of the test certificate and invoice covering the test expenses. Purchaser cannot make any further claims.
8. Claims for damage against the auctioneer for delay, impossibility to perform, positive infringement of the agreement, fault when the agreement was made or illicit deeds are excluded unless the damage has been caused deliberately or by heavy negligence.
9. The above general conditions of public sale are applicable in essence also for those businesses which have been made with stamp lots to be auctioned before or after the auctions.
10. Budapest is the only competent court in the event disputes come up in the legal relations between auctioneer and purchaser, also in case of claims out of bills of exchange and cheques, and whenever purchaser is a merchant, juristic person according to public law or represents public legal special property. The same court is competent if purchaser is not subject to jurisdiction in the Republic of Hungary, transferred his residence or usual place of abode into a foreign country or his residence or usual place of abode is unkown at the time an action is brought against him.
11. The laws of the Republic of Hungary shall be the only competent ones.
