Auctioneer are final. Floor Bidders are en-
couraged to carefully examine all lots which
they are interested in purchasing because all
sales of items viewed by Purchasers in ad-
vance of a sale, even if the sale is by mail,
telephone or facsimile, and all lots bid upon
by the Floor Bidders, together with all
those
presenting Goldberg with a resale certificate,
out of state resale certificate, or similar ev-
idence that they are acting as a dealer
ARE
FINAL AND SUCH ITEMS MAY NOT BE RE-
TURNED.
If the description of any lot in the
catalogue is incorrect, the lot is returnable if
returned within five (5) calendar days of re-
ceipt, and received by Goldberg no later than
twenty-one (21) calendar days after the sale
date. No return or refund of any auction lot
will be considered except by reason of lack
of authenticity, unless otherwise provided in
these Terms and Conditions of Sale. All lots
are sold under the condition that any claims
challenging grading, authenticity or methods
of manufacture must be made in writing with-
in five (5) calendar days of receipt of material.
All disputed lots must be returned intact
as received in their original, sealed and
unopened container. Late remittance or re-
moval of any lot from its original container
constitutes just cause for revocation of all
return privileges for any reason.
13
All prospective Bidders who are al-
lowed the opportunity to examine lots prior
to the sale shall personally assume all re-
sponsibility for any damage they cause in so
doing. Goldberg shall have sole discretion in
determining the value of the damage caused,
which shall be promptly paid by the prospec-
tive Bidder.
14
Title to any lot remains with Con-
signor, any secured party of the Consignor, or
assignee of Consignor, as the case may be,
until the lot is paid for in full by Purchaser.
Goldberg reserves the right to require pay-
ment in full before delivering any lot to the
successful Purchaser. “In the event the lot(s)
are delivered to the successful purchaser
prior to full payment, Goldberg reserves the
right to file a UCC Financing Statement to se-
cure full payment.”
15
It is the Purchaser’s responsibility
and obligation to have the lots fully insured
while in his or her possession. Purchaser as-
sumes any and all RISK OF LOSS once the
lot(s) is in Purchaser’s possession.
16
BUYER’S COMMISSION OF SEV-
ENTEEN & ONE-HALF PERCENT (17.5%).
will be added to all purchases made by all
Purchasers, except Consignors, regardless of
Purchaser’s affiliation with any group or or-
ganization, and will be based upon the total
amount of the final bid.
17
Pursuant to a separate agreement
with Auctioneer, Consignors or their agents
may be permitted to bid on their own lots in
the sale and may receive a rebate commis-
sion in whole or in part if successful. Under
some circumstances, Goldberg may agree
with a Consignor (i) not to require the Con-
signor to pay for all or part of any items bid
upon or re-purchased by the Consignor; (ii)
when or where an advance has been made,
to have the Consignor pay an agreed upon
difference to Goldberg; or (iii) to allow an off-
set against other transactions with Consignor.
Where the Consignor has re-purchased a lot
and the lot is either returned to the Consign-
or or otherwise dealt with or disposed of in
accordance with the Consignor’s direction, or
pursuant to contractual agreement, Goldberg
reserves the right to so note in the prices re-
alized or to omit a price from the price real-
ized. Every Consignor who registers to bid in
the sale, whether to “protect” a lot, or for any
other purpose, agrees to all other Terms and
Conditions of Sale per this agreement.
18
Lots must be paid for within 14
days of receipt of invoice or delivery. Unless
otherwise agreed in writing, auction sales are
strictly cash above $2,500.00 in U.S. Funds
payable through a bank in the United States.
Contact Goldberg for wiring instructions be-
fore sending a wire. Goldberg reserves the
right to decline to release lots for which funds
have not yet cleared. Credit card
(Visa &
Mastercard only)
purchases will be accepted
on totals not exceeding $5,000. On any cash
transaction or series of transaction exceeding
$10,000, Treasury Form 8300 may be filed.
19
Purchaser agrees to promptly pay,
on demand, any sales tax, or any other tax,
if required by law to be collected, postage,
handling, and shipping insurance
plus the
seventeen and one-half percent (17.5%)
Buyer’s Commission
and any other taxes
required by law to be charged or collected, to-
gether with any interest or penalty that may
be assessed.
20
Purchaser grants to Goldberg or
its assigns the right to offset any sums due,
or found to be due Purchaser by Goldberg,
and to make such offset from any past, sub-
sequent or future consignment, or items
acquired by Purchaser in possession or con-
trol of Goldberg or from any sums due to
Purchaser by Goldberg. Purchaser further
grants Goldberg a purchase money security
interest in such sums or items to the extent
applicable, and agrees to execute such doc-
uments as may be reasonably necessary to
grant Goldberg such security interest. Pur-
chaser agrees that Goldberg and its assigns
shall be a secured party with respect to items
bought by Purchaser and in the possession of
Goldberg, to the extent of the maximum in-
debtedness, plus all accrued expenses, until
the indebtedness is paid.
21
By bidding in this sale, Purchaser
personally and unconditionally guarantees
payment. If the Purchaser is a corporation,
the officers, directors, and principals of the
corporation hereby agree to personally and
unconditionally guarantee payment as part
of the corporation’s agreement to bid. The
authorized representative of any corporate
Purchaser who is present at the sale shall
provide Goldberg or its agent, prior to the
commencement of the bidding (or at the time
of registration), with a statement signed by
each principal, director and officer that they
each personally and unconditionally guaran-
tee any payment due Goldberg.
22
No bids will be accepted from Floor
Bidders and Mail Bidders who have not pre-
viously established credit with Goldberg un-
less they first (i) furnish satisfactory credit
references or (ii) deposit at least twenty-five
percent (25%) of their total bids for that
session(s), or such other amounts as Gold-
berg may require, in its sole and absolute
discretion. Any deposits made pursuant to
this paragraph will be applied to such Bid-
ders purchases. Any unused portion of such
deposit will be promptly refunded upon clear-
ance of the funds.
23
On any accounts past due, Goldberg
reserves the right to extend credit and impose
periodic charges, pursuant to these Terms
and Conditions of Sale or as set forth in the
Purchaser’s invoice. If the auction invoice is
not paid in full when due, the unpaid balance
will earn interest at the rate of one-and-one-
half percent (1 1/2%) per month until paid.
In the event this interest rate exceeds the
interest permitted by law, the same shall be
adjusted to the maximum rate permitted by
law. Goldberg further reserves the right to
resell the merchandise, or to have an affiliated
or related company do so. Purchaser agrees
to pay all reasonable attorneys’ fees, court
costs and other collection costs incurred by
Goldberg or any affiliated or related company
to collect past due invoices, including reason-
able costs of any resale of the merchandise.
Purchaser also agrees to pay the difference
