US Sale 91

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.

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.

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.”

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.

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.

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.

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 and

Mastercard only) purchases will be accepted

on totals not exceeding $10,000. A surcharge

fee of 2.5% will be added to the final invoice

amount. “By purchasing an item direct or at

the auction and allowing Goldberg Coins &

Collectibles to charge your credit card, you

are agreeing to the terms and conditions

set forth herein, and further agree that the

transaction shall be governed by California

law, without regard to any conflict or choice

of law provision.” On any cash transaction

or series of transaction exceeding $10,000,

Treasury Form 8300 may be filed.

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.

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.

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.

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.

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