the sale of such property. Purchaser agrees
to execute prior to delivery of any refund, any
documents reasonably requested to effect the
intent of this paragraph. Should the Purchas-
er decline to do so, Purchaser hereby grants to
Goldberg a limited power of attorney to uncon-
ditionally effect such release.
34 Rights granted to Bidders and Pur-
chasers under these Terms and Conditions
of Sale are personal and may not be assigned
or transferred to any other person or entity,
whether by operation of law or otherwise. Any
attempt to assign or transfer any such rights
shall be absolutely void and unenforceable. No
third party may rely on any benefit or right
conferred on any Bidder or Purchaser by these
Terms and Conditions of Sale and terms of
warranty. “Purchaser” shall mean the original
Purchaser of the property from Goldberg and
not any subsequent owner or other person who
may acquire or have acquired an interest there-
in. If Purchaser is an agent, the agency must
be disclosed in writing to Goldberg prior to
the time of sale, otherwise the benefits of the
warranty shall be limited to the agent and not
transferable to the undisclosed principal.
35
If the Purchaser fails to comply with
one or more of these Terms and Conditions
of Sale, then in addition to all other remedies
which it may have at law or in equity, Goldberg
may at its sole option, either (a) cancel the sale,
retaining all payments made by Purchaser as
liquidated damages, it being recognized that
actual damages may be speculative or diffi-
cult to compute, or (b) sell some or all of the
property and (some or all other property of the
Purchaser held by Goldberg, if Goldberg deems
necessary), in a quantity sufficient in the opin-
ion of Goldberg to satisfy the indebtedness,
plus all accrued charges. More than one such
sale may take place at the option of Goldberg.
Such sale may take place without notice to Pur-
chaser. If Goldberg gives notice, it shall be by
U.S.P.S. Certified Mail, Return Receipt Request-
ed to the address utilized on the Bid Sheet,
Auction Consignment and Security Agreement
or other address known to Goldberg. Such sale
will be at Goldberg standard commission rates
at public or private sale, within California, or at
another location outside of California to be de-
termined by Goldberg. At the time of sale the
defaulting party shall not bid nor be permitted
to bid. The proceeds shall be applied first to
the satisfaction of any damages occasioned by
Purchaser’s breach, and then to the payment
of any other indebtedness owing to Goldberg,
including without limitation, commissions,
handling charges, the expenses of both sales,
reasonable attorneys’ fees and costs, collection
agency fees and costs and any other costs or
expenses incurred thereunder. If a lot or item
is not paid for, and is sold by Goldberg for Pur-
chaser’s account, in accordance with the Uni-
form Commercial Code, Goldberg shall not be
required to account to the Purchaser for any
excess proceeds. Purchaser shall remain lia-
ble to Goldberg if the proceeds of such sale or
sales is insufficient to cover the indebtedness.
If other property of Purchaser is also sold, any
excess of proceeds will be remitted to the Pur-
chaser after first deducting the expenses set
forth above. If Purchaser fails to remit sums
due to Goldberg, Purchaser grants to Goldberg
a lien with respect to such sum, with interest to
accrue thereon at the legal rate, until actually
paid, which lien shall apply against any proper-
ty of Purchaser, including any future goods of
Purchaser coming into possession of Goldberg.
To the extent permitted by law, Purchaser here-
by waives all the requirements of notice, adver-
tisement and disposition of proceeds required
by law.
36
These Terms and Conditions of Sale
and the auction shall be construed and en-
forced in accordance with, and governed by, the
laws of the State of California, whether or not
the auction is and these Terms and Conditions
of Sale are fully performed in California.
37
Purchaser acknowledges and agrees
that the competent courts of the State of Cali-
fornia shall have exclusive jurisdiction over any
dispute(s) arising hereunder, and Purchaser
hereby agrees that any dispute arising hereun-
der shall be litigated exclusively in the courts
of the State of California, and not elsewhere,
regardless of any party’s current or future res-
idence or domicile. Purchaser further agrees
that venue shall be in the Superior Court of Los
Angeles, in the State of California.
38
ATTORNEY FEES AND COSTS
The Bidder/Purchaser shall pay to Goldberg all
costs and expenses of collection of amounts
due herein, or to otherwise enforce any or all
provisions of these Terms and Conditions of
Sale, the subject matter of these Terms and
Conditions of Sale, or any other agreement
entered into with Goldberg, including but not
limited to, reasonable attorney fees and costs
incurred before legal action, if any, is com-
menced. The Bidder/Purchaser further agrees
that in any litigation or other proceeding based
upon, arising out of or related to these Terms
and Conditions of Sale, the Bidder/Purchaser
shall pay to Goldberg its attorney fees and oth-
er expenses and costs incurred in connection
with the litigation or other proceeding if Gold-
berg is the prevailing party.
39
If any section of these Terms and
Conditions of Sale or any term or provision of
any section is held to be invalid, void, or un-
enforceable by any court of competent jurisdic-
tion, the remaining sections or terms and pro-
visions of a section shall continue in full force
and effect without being impaired or invali-
dated in any way.
AS STATED IN THE TERMS
AND CONDITIONS OF SALE
Certain lots may
be reserved by the Consignor. If the Auction-
eer identifies a Consignor bidding on his own
property, an announcement will be made that
the Consignor is now bidding. If the Consignor
places a bid in the mail bid book and is success-
ful, the Auctioneer will announce that the lot
has been passed.
40
These Terms and Conditions contain
the entire agreement and understanding be-
tween Goldberg and Bidder concerning the auc-
tion and any items bid on or purchased at the
auction. Bidder acknowledges that Goldberg
has not made any promises, representations
or warranty to bidder, not contained herein
concerning the auction and any items bid on or
purchased at the auction.
CONTACT GOLDBERG COINS:
11400 West Olympic Blvd
Suite 800
Los Angeles, CA 90064
310-551-2646
PHONE
310-551-262
6 FAX
1-800-978-2646
TOLL FREE
GOLDBERGCOINS.COM//////////