TERMS OF SALE
1. Auction Basics. This is a public auction sale conducted by
California bonded auctioneers, Stephen Album Rare Coins Inc.
(hereinafter referred to as "Auctioneer"). Bidding in this Auction
constitutes acceptance by you (the "Bidder") of all the Terms of
Sale stated herein. Bidders may include consignors who may bid
and purchase lots in the Auction consigned by the consignor or by
other consignors pursuant to their consignment agreement. The
Auctioneer reserves the right to include in any auction sale its
own material. Bidder acknowledges and agrees that the
Auctioneer may not be required to pay a Buyer's Premium, or
other charges that other Bidders may be required to pay and may
have access to information concerning the lots that is not
otherwise available to the public. Any claimed conflict of interest
or claimed competitive advantage resulting there from is
expressly waived by all participants in the Auction. Lots may carry
a Reserve. A Reserve is a confidential price or bid below which
the Auctioneer will not sell an item or will re-purchase on behalf
of the Consignor or for Stephen Album Rare Coins Inc. The Buyer
is the Bidder who makes the highest bid accepted by the
Auctioneer, and includes the principal of any Bidder acting as an
agent.
2. Descriptions and Grading. Grading of rare coins is subjective
and may differ among independent grading services and among
numismatists, even though grading has a material effect on the
value of the coins. Stephen Album Rare Coins Inc. is not
responsible for the grades assigned by independent grading
services, and makes no warranty or representation regarding such
grades. Bidder further acknowledges and agrees that grades
assigned by Stephen Album Rare Coins Inc. and lot descriptions
are based solely upon an examination of the coins and are
intended to note any perceived characteristics. Stephen Album
Rare Coins Inc. does not warrant the accuracy of such grading or
descriptions. All photographs in this catalog are of the actual
items being sold but may not be the actual size or to scale.
3. The Bidding Process. The Auctioneer shall have the right to
open or accept the bidding on any lot by placing a bid on behalf of
the Consignor or their agent, a Bidder by mail, telephone, internet
or fax, or any other participant in the Auction. Bids must be for an
entire lot and each lot constitutes a separate sale. No lot will be
broken up unless otherwise permitted by the Auctioneer. Lots will
be sold in their numbered sequence unless Auctioneer directs
otherwise. All material shall be sold in separate lots to the highest
Bidder as determined by the Auctioneer. Auctioneer shall have
the right in his or her sole and absolute discretion to accept or
decline any bid, challenge any bid or bidding increment, to reduce
any mail bid received, adjudicate all bidding disputes and to
determine the prevailing bid. The Auctioneer shall have the right,
but not the obligation, to rescind the acceptance of any bid and
place the lot(s) for Auction again. Auctioneer's decision on all
bidding disputes shall be binding and final. For the mail and
internet Bidder's protection, no "unlimited" or "buy" bids will be
accepted. When identical bids are received for a lot, preference is
given to the first bid received as determined by the Auctioneer. A
mail bid will take precedence over an identical floor bid; a Floor
Bidder and Telephone Bidder must bid higher than the highest
mail bid to be awarded any lot. Bids will not be accepted from
persons under eighteen (18) years of age without a parent's
written consent which acknowledges the Terms of Sale herein and
agrees to be bound thereby on behalf of the underage Bidder. The
auction sale is complete when the Auctioneer so announces it.
Bids may be placed by fax, mail, email, or by telephone. Online
bidding is also available on www.iCollector.com. Follow the link
on our website, www.stevealbum.com in order to bid online. Your
bids will be treated as a maximum bid. The winning bid will be one
increment above the next highest bidder, or at the starting bid.
Stephen Album Rare Coins Inc. is not responsible for any errors in
bidding. All Bidders should make certain to bid on the correct lot
and that the bid is the bid intended. Once the hammer has fallen
and the Auctioneer has announced the Buyer, the Buyer is
unconditionally bound to pay for the lot, even if the Buyer made a
mistake. Stephen Album Rare Coins Inc. reserves the right to
withdraw any lot at any time, even after the hammer has fallen,
until the Buyer has taken physical possession of the lot. No
participant in the Auction shall have a right to claim any damages,
including consequential damages if a lot is withdrawn, even if the
withdrawal occurs after the Auction.
4. Buyer’s Premiums and Payments. A Buyer's Premium of
nineteen and one-half percent (19.5%) will be added to the
hammer price for each lot to all successful bids. Accepted
payments are by Visa, MasterCard, American Express, PayPal,
cash, cashier's check, money order, approved personal check or
bank wire transfer. If the purchaser pays by "cash equivalent"
then the buyer's premium will be discounted to seventeen and
one-half percent (17.5%). "Cash equivalent" is defined as paying
by cash, cashier's check, money order, approved personal check
or bank wire transfer. A reacquisition charge may apply to
Consignors pursuant to a separate agreement, which may be
higher or lower than the Buyer's Premium. Payment is delinquent
and in default if not received in full, in good funds, within
fourteen (14) calendar days of the Auction (the "Default Date"),
without exception, time being of the essence, unless otherwise
agreed in writing prior to the Auction. If a credit card is provided
before the sale, Stephen Album Rare Coins reserves the right to
charge your credit card for the total of your auction purchases if
payment has not been received within the fourteen (14) calendar
days deadline. All auction sales are payable strictly in
immediately available good U.S. funds, through a bank in the
United States. Personal checks must clear our bank before lots are
delivered.
Please contact Stephen Album Rare Coins Inc. for wiring
instructions. Please inform us after bank wire has been sent.
Please be advised that payments coming by wire transfer usually
only take a few days to arrive, but in rare cases they can take up
to a few weeks to arrive due to US government regulating,
resulting in a delay of shipment of your lots. Lots will not be
shipped until your full payment has arrived in our bank account.
There is a $15 fee for all bank wire transfers.
Stephen Album Rare Coins Inc. reserves the right not to release
lots for which funds have not yet been received in full. On any
past due accounts, Stephen Album Rare Coins Inc. reserves the
right, without notice, to extend credit and impose carrying
charges of 1% per month. Buyers agree to pay reasonable
attorney's fees and cost incurred to collect past due accounts.
Buyers personally and unconditionally guarantee payment in full
of all amounts owed to Stephen Album Rare Coins Inc. Any
person submitting bids on behalf of a corporation or other entity,
by making such bid, agrees to be personally liable for the payment
of the purchase price and any related charges and the
performance of all Buyer obligations under these Terms of Sale
and Stephen Album Rare Coins Inc. reserves the right to require a
written guarantee of such payments and obligations.
5. Credit. Bidders who have not established credit with Stephen
Album Rare Coins Inc. must furnish satisfactory credit references
and/or deposit at least twenty-five percent (25%) of their total
bids for that Auction session(s) or such other amount as Stephen
Album Rare Coins Inc. may, in its sole and absolute discretion,
require before any bids from such Bidder will be accepted.
Deposits submitted will be applied to purchases. Any remaining
deposits will be promptly refunded, upon clearance of funds.
6. Shipping and Insurance. It is the Buyer’s responsibility to
contact Stephen Album Rare Coins Inc. after the sale to make
shipping and packaging arrangements. Due to the fragile nature of
some lots, Stephen Album Rare Coins Inc. may elect not to
assume responsibility for shipping or packing, or may charge
additional shipping and handling. All state taxes, postage,
shipping, handling, insurance costs, the Buyer's Premium, and any
other fees required by law to be charged or collected will be
added to the invoice for any lots invoiced to Buyer. Title and risk
of loss pass to the Buyer at the destination upon tender of
delivery. Acceptance of delivery constitutes acceptance of the
purchased lots. Inspection of the purchased lots is not required
for acceptance. Any and all claims based upon Buyer's failure to
receive a purchased lot, Buyer's receipt of a lot in damaged
condition, or otherwise related to delivery, must be received in
writing by Stephen Album Rare Coins Inc. no later than thirty (30)
days after payment. The failure to make a timely claim, time being
of the essence, shall constitute a waiver of any such claim.
Delivery outside the USA will be by USPS registered mail or by
FedEx and will include insurance on all shipments up to $20,000.
Buyers will be billed additional insurance charges on a shipment
or combined shipments valued at above $20,000 Any claims of
loss or damage will only be paid by Stephen Album Rare Coins Inc.
only after the insurers’ investigation is complete. If the Buyer
opts for another form of shipment other than the above, items
will be shipped at their risk and they will assume all risk due to
theft, damage or loss. A Buyer opt out of the Stephen Album Rare
Coins Inc. standard shipping listed above must be in received in
writing before shipment will be made.
Stephen Album Rare Coins Inc. cannot accept any responsibility
whatsoever for customs duties charged by the country of
destination or seizure of items by customs, domestic or foreign.
Buyers will be charged all applicable sales tax, including Buyers
who pick up at this Auction or shipments to Buyers in California
without a valid Resale Certificate which has been provided to the
Auctioneer. Please note that the purchase of any coin or bullion
lot(s) with a price, including the Buyer's Premium, in excess of
One Thousand Five Hundred Dollars ($1,500) are exempt from
California sales tax. On any tax not paid by Buyer that should have
been paid, even if not collected by Stephen Album Rare Coins Inc.
by mistake, error, negligence or gross negligence, Buyer remains
liable for and agrees to promptly pay the same on demand
together with any interest or penalty that may be assessed.
6. Financial Responsibility. In the event any applicable conditions
of these Terms of Sale herein are not complied with by a Buyer or
if the Buyer fails to make payment in full by the Default Date,
Stephen Album Rare Coins Inc. reserves the right, in its sole
discretion, in addition to all other remedies which it may have at
law or in equity, to: (a) rescind the sale of that lot or any other lot
or lots sold to the defaulting Buyer, retaining all payments made
by Buyer as liquidated damages, it being recognized that actual
damages may be speculative or difficult to compute, or (b) resell a
portion or all of the lots held by Stephen Album Rare Coins Inc., in
a commercially reasonable manner, which may include a public or
private sale, in a quantity sufficient in the opinion of Stephen
Album Rare Coins Inc. to satisfy the indebtedness, plus all accrued
charges, and Stephen Album Rare Coins Inc. may charge a seller’s
commission that is commercially reasonable. More than one such
sale may take place at the option of Stephen Album Rare Coins
Inc. If the Auctioneer resells the lots, Buyer agrees to pay for the
reasonable cost of such sale, together with any incidental costs of
sale, including reasonable attorney's fees and costs, cataloguing
and any other reasonable charges. Notice of the sale shall be by
U.S.P.S. Certified Mail, Return Receipt Requested to the address
utilized on the Bid Sheet, Auction Consignment and Security
Agreement or other last known address by Stephen Album Rare
Coins Inc. The proceeds shall be applied first to the satisfaction of
any damages occasioned by Buyer's breach, then to any other
indebtedness owed to Stephen Album Rare Coins Inc., including
without limitation, commissions, handling charges, carrying
charges, the expenses of both sales, reasonable attorneys' fees,
costs, collection agency fees and costs and any other costs or
expenses incurred. Buyer shall also be liable to Stephen Album
Rare Coins Inc. for any deficiency if the proceeds of such sale or
sales are insufficient to cover such amounts.
Buyer grants to Stephen Album Rare Coins Inc., or assignees, the
right to offset any sums due, or fund to be due to Stephen Album
Rare Coins Inc., and to make such offset from any past, current, or
future consignment, or purchases that are in the possession or
control of the Auctioneer or from any sums due to Buyer by
Stephen Album Rare Coins Inc., its affiliates and assignees. In
addition, defaulting Buyers will be deemed to have granted to
Stephen Album Rare Coins Inc., or its assignees, a security interest
in: (x) the purchased lots and their proceeds, and (y) such sums or
other items and their proceeds, in the possession of Stephen
Album Rare Coins Inc., its affiliates or assignees, to secure all
indebtedness due to Stephen Album Rare Coins Inc., plus all
accrued expenses, carrying charges, attorney fees, and costs, until
the indebtedness is paid in full. Buyer grants Stephen Album Rare
Coins Inc. the right to file a UCC-1 financing statement for such
items, and to assign such interest to any affiliated or related
company or any third party deemed appropriate by Stephen
Album Rare Coins Inc. If the auction invoice is not paid for in full
by the Default Date, a carrying charge of one percent (1%) per
month may be imposed on the unpaid amount until it is paid in
full. In the event this interest rate exceeds the interest permitted
by law, the same shall be adjusted to the maximum rate
permitted by law, and any amount paid in excess thereof shall be
allocated to principal. Buyer agrees to pay all reasonable
attorney's fees, court costs and other collection costs incurred by
Stephen Album Rare Coins Inc. or any affiliated or related
company to collect past due invoices or to interpret or enforce
the terms hereof or in any action or proceeding arising out of or
related to the Auction. Stephen Album Rare Coins Inc. reserves
the right to assign its interest to any third party. To the extent
that the Buyer for any lot consists of more than one person or
entity, each such person or entity is jointly and severally liable for
all obligations of the Buyer, regardless of the title or capacity of
such person or entity. Stephen Album Rare Coins Inc. shall have all
the rights of a secured party under the California Uniform
Commercial Code and all rights of the consignor to collect
amounts due from the Buyer, whether at law or equity.
7. Disclaimer and Warranties.
a) Coins listed in this catalog graded by PCGS, NGC or ANACS
cachet or any other third party grading service or examined
by the buyer prior to the auction sale may not be returned
for any reason whatsoever by any Buyer, except for claims
related to authenticity.
b) For non-certified coins that have not been examined by the
Buyer prior to the Auction: if it is determined in a review by
the Auctioneer that there is a material error in the catalog
description of a non-certified coin or the coin is not
authentic, such lot may be returned, provided written notice
is received by the Auctioneer no later than seventy-two (72)
hours of delivery of the lots in question, and such lots are
returned and received by Stephen Album Rare Coins Inc., in
their original, 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 container. Late
remittance or removal of any item from its original
container, or altering a coin constitutes just cause for
revocation of all return privileges.
d) 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 the Auctioneer. Auctioneer shall not be
bound by any prior, or subsequent opinion, determination
or certification by any independent grading service.
e) All oral and written statements made by Stephen Album
Rare Coins Inc. 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
Stephen Album Rare Coins Inc. has authority to vary or alter
these Terms and Conditions of Auction. Any alteration shall
be effective only if in writing and signed by an officer of
Stephen Album Rare Coins Inc. authorized to do so. Stephen
Album Rare Coins Inc. 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 Stephen Album Rare Coins Inc. authorized to
do so.
f) Bidders shall have no recourse against the Consignor for any
reason whatsoever.
g) Bidder acknowledges that the coin market is speculative,
unregulated and volatile, and that coin prices may rise or fall
over time. Stephen Album Rare Coins Inc. does not
guarantee that any customer buying for investment
purposes will be able to sell for a profit in the future.
h) Bidder acknowledges and agrees that neither Stephen
Album Rare Coins Inc., 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 held liable for such events.
8. Waiver and Release. Bidder, for himself, his heirs, agents,
successors and assignees, generally and specifically waives and
releases, and forever discharges Stephen Album Rare Coins Inc.,
and its respective affiliates, parents, shareholders, agents,
subsidiaries, employees, members of their respective boards of
directors, 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, 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, and Bidder hereby
knowingly and voluntarily waives any and all rights and benefits
otherwise conferred upon him by the provisions of Section 1542
of the California Civil Code, which reads in full as follows:
"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE
CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER
FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF
KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS
OR HER SETTLEMENT WITH THE DEBTOR."
9. Disputes. If a dispute arises concerning ownership of a lot or
concerning proceeds of any sale, Stephen Album Rare Coins Inc.
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. Stephen Album Rare Coins
Inc. reserves the right to cancel or postpone the Auction 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 Stephen Album Rare Coins Inc.
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 are personal and apply only to the Bidder
who initially purchases the lot(s) from Stephen Album Rare Coins
Inc.. 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.
10. General Terms. These Terms and Conditions of Auction and
the auction shall be construed and enforced in accordance with,
and governed by, the laws of the State of California, regardless of
the location of the Auction. Any dispute arising out of or related
to these Terms of Sale, the Auction or any lot, with the sole
exception of actions by Stephen Album Rare Coins Inc. to collect
amounts owed to it and other damages, shall be submitted to
binding arbitration pursuant to the rules of the International
Association of Professional Numismatists (I.A.P.N.). Bidder
acknowledges and agrees that the competent courts of the State
of California shall have exclusive 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 Sonoma County, California; and any court proceeding
shall be in the Sonoma County Superior Court, in the State of
California. Bidder agrees that any arbitration or legal action with
respect to this Auction is barred unless commenced within one (1)
year of the date of this Auction. These Terms of Sale and the
information on our website constitute the entire agreement
between the parties hereto on the subject matter hereof and
supersede all other agreements, understandings, warranties and
representations concerning the subject matter hereof. If any
section of these Terms of Auction or any term or provision of any
section is held to be invalid, void, or unenforceable by any court
of competent jurisdiction, the remaining sections or terms and
provisions of a section shall continue in full force and effect
without being impaired or invalidated in any way. Stephen Album
Rare Coins Inc. may at its sole and absolute discretion, make loans
or advances to Consignors and/or Bidders.

11. Special Services. If you wish to limit your total expenditures,
please fill in the maximum amount you wish to spend on your bid
sheet. This is a personal service and a Stephen Album Rare Coins
Inc. representative will personally attend to your bid sheet by
bidding from the auction book, buying lots for your account until
your authorized expenditure is reached. While we will do our best
in your behalf, due to the speed of the auction sale and the
sometimes crowded conditions, we cannot be responsible for
failure to execute such a bid properly.
Stephen Album Rare Coins Inc. auctions are not approval sales.
Bidding in this auction sale constitutes unconditional acceptance
by the Bidder of the foregoing terms of sale.

12. Floor Bidding. We reserve the right to refuse to allow a person to attend the live floor bidding session of the sale, and also reserve the right to eject disruptive or non-compliant bidders from the floor session, at the discretion of the auctioneer. Photography is prohibited for all attendees. Smoking within the building is prohibited for all attendees. Lot pickup for items won by bidders who bid live from the auction floor will be allowed no sooner than 24 hours after the final lot is hammered on the day that the lots were won. This pickup timeline may be altered at the discretion of the auctioneer.