96copperPDF

resale certificate, out of state resale certifi-

cate, or similar evidence that they are acting

as a dealer

ARE FINAL AND SUCH ITEMS

MAY NOT BE RETURNED.

If the description

of any lot in the catalogue is incorrect, the lot

is returnable if returned within five (5) calen-

dar days of receipt, 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 rea-

son 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 within five (5) calendar days of receipt

of material.

All disputed lots must be returned intact as re-

ceived in their original, sealed and unopened

container. Late remittance or removal 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 respon-

sibility for any damage they cause in so doing.

Goldberg shall have sole discretion in deter-

mining the value of the damage caused, which

shall be promptly paid by the prospective Bid-

der.

Title to any lot remains with Con-

signor, any secured party of the Consignor, or

assignee of Consignor, as the case may be, un-

til the lot is paid for in full by Purchaser. Gold-

berg reserves the right to require payment in

full before delivering any lot to the successful

Purchaser.

It is the Purchaser’s responsibility

and obligation to have the lots fully insured

while in his or her possession. Purchaser

assumes any and all RISK OF LOSS once the

lot(s) is in Purchaser’s possession.

BUYERS COMMISSION of

Seven-

teen and 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 organization, and

will be based upon the total amount of the fi-

nal 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 Consignor

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 offset against

other transactions with Consignor. Where

the Consignor has re-purchased a lot and the

lot is either returned to the Consignor or oth-

erwise 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 realized or

to omit a price from the price realized. 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 Condi-

tions 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

before 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 $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 Inc. 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, Trea-

sury 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, subsequent

or future consignment, or items acquired by

Purchaser in possession or control of Gold-

berg 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 documents as may be

reasonably necessary to grant Goldberg such

security interest. Purchaser agrees that Gold-

berg 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 indebtedness, 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 pro-

vide Goldberg or its agent, prior to the com-

mencement 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 guarantee 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 ses-

sion(s), or such other amounts as Goldberg

may require, in its sole and absolute discre-

tion. Any deposits made pursuant to this

paragraph will be applied to such Bidders pur-

chases. Any unused portion of such deposit

will be promptly refunded upon clearance 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 Pur-

chaser’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. Gold-

berg further reserves the right to resell the

merchandise, or to have an affiliated or relat-

ed 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 reasonable costs

of any resale of the merchandise. Purchaser

also agrees to pay the difference between the

resale price and any previous disbursements.

Money realized from the resale shall be ap-

plied as follows: (i) to pay sums due to the

consignor, (ii) to pay Goldberg standard com-

missions and fees for the resale, (iii) to pay

Goldberg any sums owed to it by purchaser,

and the remainder, if any, will be paid to the

Purchaser. Goldberg reserves the right to as-

sign its interest to any third party.