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
participants in the sale.
26
If a dispute arises concerning owner-
ship of a lot that has been bid upon, Goldberg
reserves the right to commence a statutory
interpleader proceeding at the expense of the
Consignor and successful Purchaser and any
other applicable party, and in such event Gold-
bergs shall be entitled to its reasonable attor-
ney’s fees and costs.
27
In the event of a successful challenge
to the title to any goods purchased, Gold-
berg agrees to reimburse any Purchaser in an
amount equal to the successful bid price actual-
ly 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 releas-
es Goldberg from any responsibility whatsoev-
er 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, in-
cluding 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 AL-
TERED 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 pro-
duced in a particular style. Any statement con-
cerning such matters reflects an opinion only.
Questions regarding the minting of a coin as a
proof or as a business strike relate to the meth-
od 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 provid-
ed strictly for the convenience of the bidder
by mail, telephone or facsimile. Bidders and
Purchasers acknowledge that (i) grading is an
art, not a science; (ii) the grades contained
in the catalogue represent the opinion of the
Auctioneer based upon its experience; (iii) it is
possible that two people will not always grade
the same items alike; and (iv) as market con-
ditions change, grading standards change, and
will most likely continue to do so in the future.
NO WARRANTY, WHETHER EXPRESSED
OR IMPLIED, INCLUDING ANY WARRAN-
TY OF MERCHANTABILITY, IS MADE WITH
RESPECT TO ANY GRADE DESCRIPTION,
WHICH IS MERELY AN OPINION THAT
IS LIKELY TO DIFFER, EVEN AMONG EX-
PERTS. 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 certifi-
cation by any independent grading service.
c.
All oral and written statements made
by Goldberg and its employees (including affil-
iated and related companies) are statements
of opinion only, and are not warranties or
representations of any kind, unless stated as a
specific written warranty, and no employee or
agent of Goldberg has authority to vary or alter
these Terms and Conditions of Sale. Any alter-
ation 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
contrary in these Terms and Conditions of
Sale,
COINS LISTED IN ANY CATALOGUE
GRADED BY PCGS, MAY NOT BE RETURNED
FOR ANY REASON WHATSOEVER.
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,
suspected or unsuspected, which Purchaser
may claim to have with respect to and/or aris-
ing out of, or in connection with any challenge
to the title to any good purchased, the sale it-
self and/or the auction, except for reimburse-
ment in the amount equal to any bid actually
paid by Purchaser, plus any Buyer’s Commis-
sion 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, de-
mand, cause of action and suit that may arise
hereunder, and Purchaser 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 MATERIALLY AFFECTED HIS SETTLE-
MENT WITH THE DEBTOR.” (continued)
31 Neither Goldberg nor any affiliated
or related company shall be responsible for in-
cidental or consequential damages arising out
of any failure of the Terms and Conditions of
Sale of the auction or the conduct thereof and
in no event shall liability for any such failure
exceed the purchase price paid.
32
The sole remedy that any Purchaser
in the auction shall have, whether such Pur-
chase is bidding in person, by mail, by facsim-
ile, by telephone, or through an employee or
agent, for any claim or
controversy arising out
of the auction shall be a refund of the original
purchase price and premium paid, if any.
33
Upon payment of any disputed sum,
which in no event shall be greater than the orig-
inal purchase price actually paid by Purchaser
plus any commission or premium actually paid
by Purchaser to Goldberg, Auctioneer and its
employees shall be deemed released from any
and all claims of the Bidder arising out of or in
connection with
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