US Sale 91

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 rea-

sonable costs of any resale of the merchan-

dise. Purchaser also agrees to pay the dif-

ference between the resale price and any

previous disbursements. 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

fees for the resale, (iii) to pay Goldberg

any sums owed to it by purchaser, and the re-

mainder, if any, will be paid to the Purchaser.

Goldberg reserves the right to assign its inter-

est to any third party.

Goldberg may at its sole and ab-

solute discretion, make loans or advances to

Consignors and/or prospective Purchasers.

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.

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.

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.

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.”

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.

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.

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.

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.

Bidders shall have no recourse

against the Consignor for any reason whatso-

ever.

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.

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: