CONDITIONS OF SALE

  1. All bids are per lot as numbered. The right is reserved to withdraw any lot prior to sale.

  2. The highest bidder shall prevail; lots are sold at one increment above the next acceptable high bid. In the event of a tie the earliest bid shall prevail. Should any dispute arise between bidders, the decision as to the successful bidder and the reoffering or resale of the lot under dispute shall rest solely on the judgement of the auctioneer. The auctioneer shall regulate the bidding and reserves the right to refuse any bid believed by him not to be made in good faith. Any bid which is not commensurate with the value of the item offered may be rejected by the auctioneer, in his discretion, if in his judgement, such bid would be likely to affect the sale injuriously. Please note: Bids below the current/opening bid will never be accepted and, because the auctioneer has the discretion not to accept bids which are not commensurate with the value of items offered, there will sometimes be instances in which bids greater than the current/opening bid will be required.

  3. Payment for all lots, including those on which opinions are desired under Condition of Sale 6, shall be made as follows: A successful bidder will be notified of lots purchased and must remit before the lots are sent. Delivery to a successful bidder will be made to the address provided by the purchaser. A person known to the auctioneer, or who furnishes satisfactory references, may at the auctioneer's option have purchases forwarded for IMMEDIATE PAYMENT. A minimum charge of $.95 will be made for postage, insurance and handling. Proof, by the auctioneer of sending to the advised address shall constitute delivery.

  4. Title shall not pass to the buyer until full payment has been received by the auctioneer.

  5. All lots are properly dated in at least fine condition for their period. Covers are addressed through 1970 and unaddressed from 1970 to date unless otherwise specified. Covers are expected to have sealed flaps prior to 1950.

  6. Successful bidders agree to pay for lots as specified above and no credit is extended. A late payment charge of 2% per month and a $10 monthly rebilling fee is imposed on overdue payments. This is 24% per year. All reasonable legal fees and/or collection charges incurred by James T. McCusker Inc., in respect of over due accounts will be payable by the purchaser. In the event that successful bidders do not collect and pay off lots in accordance with article 3 above, the lots in question may be re-offered for sale and any loss arising from such sale, including standard auction commission will be charged to the defaulter.

  7. Each lot is sold as genuine but when in the opinion of any competent authority mutually acceptable to James T. McCusker Inc. and the purchaser, the lot is declared otherwise, the purchase price will be refunded in full provided the lot is received by James T. McCusker Inc. within a period of four weeks from the date of the auction. Where an opinion is not expected within four weeks, receipt by James T. McCusker Inc. of written notification within this period that the lot has been submitted for an opinion is satisfactory. HOWEVER, NO LOT WILL BE ACCEPTED BACK UNDER ANY CIRCUMSTANCES AFTER SIX MONTHS FROM THE AUCTION DATE. Expertizing Fee expenses incurred shall be borne by the purchaser. In the event the competent authority finds the lot "not as described", it is returnable for a full refund of the purchase price. Proof of the inability of the mutually accepted authority to express a definite opinion is not grounds for the return of a lot. In the event that the purchaser and James T. McCusker Inc. cannot agree on an expertizing authority, the American Philatelic Society shall become the expertizing body.

  8. ANY LOT, DESCRIPTION OF WHICH IS INCORRECT, IS RETURNABLE (A) ONLY WITHIN FIVE DAYS OF RECEIPT, AND (B) ONLY IF RECEIVED BY JAMES T. McCUSKER INC. WITHIN FOUR WEEKS FROM THE DATE OF THE AUCTION. ALL DISPUTED LOTS MUST BE RETURNED INTACT IN THE CONDITION RECEIVED. THE FOLLOWING LOTS ARE NOT RETURNABLE FOR ANY REASON WHATSOEVER: LOTS CONTAINING TEN OR MORE ITEMS; ERRORS MADE ON A BIDDERS BID SHEET; LOTS ACQUIRED BY PURCHASERS WHO HAD THE OPPORTUNITY TO EXAMINE THEM BEFORE THE AUCTION; STAMP CENTERING OR STRAIGHT EDGES; PHOTOGRAPHED LOTS WITH NOTABLE BLEMISHES, HEAVY CANCELS, TONING, ADDRESS; LOTS DESCRIBED WITH FAULTS OR DEFECTS OR AS-IS.

  9. IN NO EVENT WILL ANY CLAIM RELATING TO ANY ITEM SOLD HEREUNDER BE RECOGNIZED IF JAMES T. McCUSKER INC. IS NOT INFORMED WITHIN FOUR WEEKS FROM THE DATE OF SALE AND IN NO EVENT SHALL JAMES T. McCUSKER INC. BE LIABLE FOR ANY AMOUNT GREATER THAN THE PURCHASE PRICE OF ANY LOT WHICH MAY GIVE RISE TO A CLAIM.

  10. Extended Auction Mode at our Web site will begin at 3:00 P.M. Eastern Time Zone the day of the auction. Only those bids processed through our On-line Bid Cart System can participate. There will be concurrent 5 minute periods in which to modify bids. If there is any bidder activity within the initial 5 minute period, regardless of when the activity occurs, that 5 minute period will proceed for the entire 5 minutes and a new 5 minute period will start. Bidding will continue until there is no activity for any 5 minute period on any given lot. This procedure eliminates “sniping” and gives all participants the same chance of winning any given lot.

  11. Massachusetts sales tax is paid by buyers residing in Massachusetts who do not have an exempt certificate on file with J.T.M., Inc.

  12. The placing of a bid shall constitute acceptance of all the foregoing conditions of sale.

  13. Discover, Visa, and Mastercard are accepted.

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