96US

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.

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.

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 reim-

bursement once tendered by Goldberg, relieves

and releases Goldberg from any responsibility

whatsoever to the Purchaser, even if the in-

strument 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, 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.”

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 Auc-

tioneer based upon its experience; (iii) it is pos-

sible 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 EX-

PERTS. 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 certifi-

cation by any independent grading service.

All oral and written statements made

by Goldberg and its employees (including af-

filiated and related companies) are statements

of opinion only, and are not warranties or rep-

resentations 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 al-

teration 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

contrary in these Terms and Conditions of

Sale,

COINS LISTED IN ANY CATALOGUE

GRADED BY PCGS, MAY NOT BE RETURNED

FOR ANY REASON WHATSOEVER.

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.

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.

Upon payment of any disputed sum,

which in no event shall be greater than the

original purchase price actually paid by Pur-

chaser plus any commission or premium actu-

ally 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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