auction or the conduct thereof and in no event
shall liability for any such failure exceed the
purchase price paid.
32
The sole remedy that any Purchaser
in the auction shall have, whether such Pur-
chase is bidding in person, by mail, by facsim-
ile, by telephone, or through an employee or
agent, for any claim or
controversy arising out
of the auction shall be a refund of the original
purchase price and premium paid, if any.
33
Upon payment of any disputed sum,
which in no event shall be greater than the
original purchase price actually paid by Pur-
chaser plus any commission or premium actu-
ally paid by Purchaser to Goldberg, Auctioneer
and its employees shall be deemed released
from any and all claims of the Bidder arising
out of or in connection with the sale of such
property. Purchaser agrees to execute prior
to delivery of any refund, any documents rea-
sonably requested to effect the intent of this
paragraph. Should the Purchaser decline to
do so, Purchaser hereby grants to Goldberg
a limited power of attorney to unconditionally
effect such release.
34
Rights granted to Bidders
and Purchasers under these Terms and Con-
ditions of Sale are personal and may not be
assigned or transferred to any other person
or entity, whether by operation of law or oth-
erwise. Any attempt to assign or transfer any
such rights shall be absolutely void and un-
enforceable. No third party may rely on any
benefit or right conferred on any Bidder or
Purchaser by these Terms and Conditions of
Sale and terms of warranty. “Purchaser” shall
mean the original Purchaser of the property
from Goldberg and not any subsequent own-
er or other person who may acquire or have
acquired an interest therein. If Purchaser is
an agent, the agency must be disclosed in
writing to Goldberg prior to the time of sale,
otherwise the benefits of the warranty shall
be limited to the agent and not transferable to
the undisclosed principal.
35
If the Purchaser fails to comply
with one or more of these Terms and Con-
ditions of Sale, then in addition to all other
remedies which it may have at law or in eq-
uity, Goldberg may at its sole option, either
(a) cancel the sale, retaining all payments
made by Purchaser as liquidated damages,
it being recognized that actual damages may
be speculative or difficult to compute, or (b)
sell some or all of the property and (some or
all other property of the Purchaser held by
Goldberg, if Goldberg deems necessary), in a
quantity sufficient in the opinion of Goldberg
to satisfy the indebtedness, plus all accrued
charges. More than one such sale may take
place at the option of Goldberg. Such sale
may take place without notice to Purchaser. If
Goldberg gives notice, it 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
address known to Goldberg. Such sale will
be at Goldberg standard commission rates at
public or private sale, within California, or at
another location outside of California to be de-
termined by Goldberg. At the time of sale the
defaulting party shall not bid nor be permitted
to bid. The proceeds shall be applied first to
the satisfaction of any damages occasioned by
Purchaser’s breach, and then to the payment
of any other indebtedness owing to Goldberg,
including without limitation, commissions,
handling charges, the expenses of both sales,
reasonable attorneys’ fees and costs, collec-
tion agency fees and costs and any other costs
or expenses incurred thereunder. If a lot or
item is not paid for, and is sold by Goldberg
for Purchaser’s account, in accordance with
the Uniform Commercial Code, Goldberg shall
not be required to account to the Purchas-
er for any excess proceeds. Purchaser shall
remain liable to Goldberg if the proceeds of
such sale or sales is insufficient to cover the
indebtedness. If other property of Purchaser
is also sold, any excess of proceeds will be
remitted to the Purchaser after first deducting
the expenses set forth above. If Purchaser
fails to remit sums due to Goldberg, Purchas-
er grants to Goldberg a lien with respect to
such sum, with interest to accrue thereon at
the legal rate, until actually paid, which lien
shall apply against any property of Purchaser,
including any future goods of Purchaser com-
ing into possession of Goldberg. To the extent
permitted by law, Purchaser hereby waives all
the requirements of notice, advertisement and
disposition of proceeds required by law.
36
These Terms and Conditions of Sale
and the auction shall be construed and en-
forced in accordance with, and governed by,
the laws of the State of California, whether or
not the auction is and these Terms and Condi-
tions of Sale are fully performed in California.
37
Purchaser acknowledges and agrees
that the competent courts of the State of Cali-
fornia shall have exclusive jurisdiction over any
dispute(s) arising hereunder, and Purchaser
hereby agrees that any dispute arising hereun-
der shall be litigated exclusively in the courts
of the State of California, and not elsewhere,
regardless of any party’s current or future res-
idence or domicile. Purchaser further agrees
that venue shall be in the Superior Court of Los
Angeles, in the State of California.
38
ATTORNEY FEES AND COSTS
The Bidder/Purchaser shall pay to Goldberg all
costs and expenses of collection of amounts
due herein, or to otherwise enforce any or all
provisions of these Terms and Conditions of
Sale, the subject matter of these Terms and
Conditions of Sale, or any other agreement
entered into with Goldberg, including but not
limited to, reasonable attorney fees and costs
incurred before legal action, if any, is com-
menced. The Bidder/Purchaser further agrees
that in any litigation or other proceeding based
upon, arising out of or related to these Terms
and Conditions of Sale, the Bidder/Purchaser
shall pay to Goldberg its attorney fees and
other expenses and costs incurred in connec-
tion with the litigation or other proceeding if
Goldberg is the prevailing party.
39
If any section of these Terms and
Conditions of Sale or any term or provision of
any section is held to be invalid, void, or unen-
forceable by any court of competent jurisdic-
tion, the remaining sections or terms and pro-
visions of a section shall continue in full force
and effect without being impaired or invali-
dated in any way.
AS STATED IN THE TERMS
AND CONDITIONS OF SALE
Certain lots may
be reserved by the Consignor. If the Auction-
eer identifies a Consignor bidding on his own
property, an announcement will be made that
the Consignor is now bidding. If the Consign-
or places a bid in the mail bid book and is
successful, the Auctioneer will announce that
the lot has been passed.
40
These Terms and Conditions con-
tain the entire agreement and understanding
between Goldberg and Bidder concerning the
auction and any items bid on or purchased at
the auction. Bidder acknowledges that Gold-
berg has not made any promises, represen-
tations or warranty to bidder, not contained
herein concerning the auction and any items
bid on or purchased at the auction.
CONTACT GOLDBERG COINS:
11400 West Olympic Blvd
Suite 800
Los Angeles, CA 90064
310-551-2646
PHONE
310-551-262
6 FAX
1-800-978-2646
TOLL FREE
GOLDBERGCOINS.COM
