between the resale price and any previous dis-
bursements. Money realized from the resale
shall be applied as follows: (i) to pay sums due
to the consignor, (ii) to pay Goldberg standard
commissions and
(Continued on next page)
fees for the resale, (iii) to pay Goldberg any
sums owed to it by purchaser, and the remain-
der, if any, will be paid to the Purchaser. Gold-
berg reserves the right to assign its interest to
any third party.
24
Goldberg may at its sole and ab-
solute discretion, make loans or advances to
Consignors and/or prospective Purchasers.
25
The Auctioneer may bid for his or its
own account at any auction (even though it
may not be required to pay a Buyer’s Commis-
sion, or other charges that other Purchasers
may be required to pay) and may have ac-
cess to information concerning the lots and
items contained therein that is not otherwise
available to the public. Any conflict of interest
or claim of competitive advantage resulting
therefrom is expressly waived by all partici-
pants in the sale.
26
If a dispute arises concerning own-
ership of a lot that has been bid upon, Gold-
berg reserves the right to commence a statu-
tory interpleader proceeding at the expense of
the Consignor and successful Purchaser and
any other applicable party, and in such event
Goldbergs shall be entitled to its reasonable
attorney’s fees and costs.
27
In the event of a successful chal-
lenge to the title to any goods purchased,
Goldberg agrees to reimburse any Purchaser
in an amount equal to the successful bid price
actually paid by Purchaser at auction plus
any Buyer’s Commission actually paid, in full
and complete satisfaction of all claims, such
reimbursement once tendered by Goldberg,
relieves and releases Goldberg from any re-
sponsibility whatsoever to the Purchaser, even
if the instrument is not cashed or is returned.
28
Goldberg reserves the right to post-
pone the auction sale or any session thereof
for a reasonable period of time for any reason
whatsoever, and no Bidder or prospective Bid-
der shall have any claim as a result thereof,
including consequential damages.
DISCLAIMERS AND WARRANTIES
ALL ITEMS OFFERED IN THIS CATALOGUE
ARE GUARANTEED TO BE GENUINE. THIS IS
A LIMITED WARRANTY THAT THE ITEM SOLD
IS NOT COUNTERFEIT, THAT ITS DATE OR
MINTMARK HAS NOT BEEN ALTERED AND
THAT THE COIN HAS NOT BEEN “REPAIRED.”
29
Any other warranty is expressly dis-
claimed; Goldberg offers no representation
that a numismatic item has or has not been
cleaned; that any toning is natural or artificial;
that any coin will meet the standards or grade
of any independent grading service; that any
item has a particular provenance or pedigree,
or that a numismatic item is struck or produced
in a particular style. Any statement concerning
such matters reflects an opinion only. Ques-
tions regarding the minting of a coin as a proof
or as a business strike relate to the method of
manufacture and not to authenticity.
a.
The descriptions contained herein
represent the Cataloger’s good faith opinion,
or the opinion of an independent grading ser-
vice, as to the state of preservation and strike.
When a grade from an independent grading
service is utilized, the information is provided
strictly for the convenience of the bidder by
mail, telephone or facsimile. Bidders and Pur-
chasers acknowledge that (i) grading is an art,
not a science; (ii) the grades contained in the
catalogue represent the opinion of the Auction-
eer based upon its experience; (iii) it is possi-
ble that two people will not always grade the
same items alike; and (iv) as market conditions
change, grading standards change, and will
most likely continue to do so in the future.
NO WARRANTY, WHETHER EXPRESSED OR
IMPLIED, INCLUDING ANY WARRANTY OF
MERCHANTABILITY, IS MADE WITH RESPECT
TO ANY GRADE DESCRIPTION, WHICH IS
MERELY AN OPINION THAT IS LIKELY TO
DIFFER, EVEN AMONG EXPERTS. PURCHASER
HEREBY ASSUMES ALL RISKS CONCERNING
AND RELATED TO THE GRADING OF A LOT BY
AN INDEPENDENT GRADING SERVICE.
b.
Grading or condition of rare coins
may have a material effect on the value of the
item(s) purchased; and the opinion of third
parties (including independent grading ser-
vices) may differ from the independent grading
service’s opinion or interpretation of Goldberg.
Goldberg shall not be bound by any prior or
subsequent opinion, determination or certifica-
tion by any independent grading service.
c.
All oral and written statements made
by Goldberg and its employees (including
affiliated and related companies) are state-
ments of opinion only, and are not warranties
or representations of any kind, unless stated
as a specific written warranty, and no em-
ployee or agent of Goldberg has authority to
vary or alter these Terms and Conditions of
Sale. Any alteration shall be effective only if in
writing and signed by an officer of Goldberg
authorized to do so.
d.
Bidders shall have no recourse
against the Consignor for any reason whatso-
ever.
e.
Notwithstanding anything to the con-
trary in these Terms and Conditions of Sale,
COINS LISTED IN ANY CATALOGUE GRADED
BY PCGS, NGC, ICG, SEGS, ACCUGRADE, PCI,
NTC OR ANACS CACHET MAY NOT BE RE-
TURNED FOR ANY REASON WHATSOEVER.
Please note that lack of a CAC seal does not
necessarily mean that a coin was rejected. Not
all coins were submitted for examination. World
Coins with “WINGS” gold stickers represent the
opinion of WINGS LLC. Sticker coins cannot be
returned for any reason.
30
By bidding in the sale, (whether in
person, by mail, telephone or facsimile, or
through an agent), Bidder expressly consents
to the following
WAIVER AND RELEASES
Purchaser, for himself, his heirs, agents, suc-
cessors and assigns, generally and specifically
waives and releases, and forever discharges
Goldberg, and its respective affiliates, parents,
shareholders, agents, subsidiaries, employees,
members of their respective boards of direc-
tors, and each of them, and their respective
successors and assigns from any and all claims,
rights, demands and causes of action and
suites, of whatever kind or nature, whether in
law or equity, whether known or unknown, sus-
pected or unsuspected, which Purchaser may
claim to have with respect to and/or arising out
of, or in connection with any challenge to the
title to any good purchased, the sale itself and/
or the auction, except for reimbursement in the
amount equal to any bid actually paid by Pur-
chaser, plus any Buyer’s Commission actually
paid by Purchaser where such reimbursement
is authorized in these Terms and Conditions of
Sale. It is the intention of Purchaser that this
waiver and release shall be effective as a bar to
each and every claim, demand, cause of action
and suit that may arise hereunder, and Purchas-
er hereby knowingly and voluntarily waives any
and all rights and benefits otherwise conferred
upon him by the provisions 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 FAVOR
AT THE TIME OF EXECUTING THE RELEASE,
WHICH IF KNOWN BY HIM MUST HAVE MA-
TERIALLY AFFECTED HIS SETTLEMENT WITH
THE DEBTOR.” (continued)
