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7. GUARANTEE FOR FORGERIES
7.1. Auctioneer is a member of the International Association of Professional
Numismatists and in accordance with the conditions of membership, shall provide a
guarantee to the Buyer for all Lots against Forgeries on the terms set out in these
7.2. For the purposes of these Conditions, a ‘Forgery’ means an imitation that
has been created with the fraudulent intent to deceive in respect of the authorship,
origin, date, age, period and the correct description does not correspond with the
description in the Catalog and as a result has a value significantly less than it would
have been had it been genuine.
7.3. You must notify us in writing within one (1) month of you becoming aware
that the Lot may be a Forgery. The Lot must be returned to us in the same
condition as at the time of sale and you must submit evidence that the Lot is a
Forgery, the onus being on you to prove that it is a Forgery.
7.4. You acknowledge that:
(a) we reserve the right to re-assess the Lot or engage at our expense any
expert or authority considered by us at our sole discretion to have the necessary
expertise to undertake a re-assessment of the Lot;
(b) following our re-assessment of the Lot, you agree to be bound by our
decision as to whether or not the Lot is a Forgery.
7.5. You shall not be entitled to a refund for a Forgery if:
(a) the grounds for claiming that the Lot is a Forgery is based primarily on
a difference of opinion between us and a third party providing coin grading services;
(b) the grounds for claiming that the Lot is a Forgery is by reason of any
damage and/or restoration and/or modification work of any nature;
(c) the description of the Lot in the Catalog was in accordance with
generally accepted opinions of numismatic specialists as at the date of
publication or the catalog indicated that there was a conflict of opinion.
(d) it has been proved that the Lot is a Forgery by applying a method that was
unavailable or not generally applied within the industry of numismatics as at the date of
publication of the catalog or was disproportionately expensive, in both cases as
determined in our absolute discretion.
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
personal to the original Buyer and is not transferable to a new owner of the Lot or any other person.Un mes de plazo con pruebas de falsedad documentadas. Atención al punto 7.5(d) y 7.8. De risa o para llorar, dependiendo del humor que tengamos en ese momento.
Todo queda a criterio de la casa de subastas, en este caso Baldwin, incluyendo los métodos de análisis aceptados