SOLD
775.00USD+ buyer's premium + applicable fees & taxes.
This item SOLD at 2007 Oct 20 @ 11:48UTC-8 : PST/AKDT
Did you win this lot?
A full invoice should be emailed to the winner by the auctioneer within a day or two.
<Our item number 119514><B>(French & Indian War) British 40th Regiment of Foot in North America.</B> ALS from Captain John Hamilton to William Adair, who is the company's agent, 3pp, 8¾" x 7", Placentia, [Newfoundland], 1759 Aug. 21. Overall toning, else fine. Hamilton sends news of the death of Major General [Peregrine] Hopson, who had succeeded Cornwallis in 1752 as Nova Scotia's governor and colonel of the 40th Regiment, then resigned as governor but remained colonel until his death. Hamilton also refers to Colonel [Charles] Lawrence, who had been appointed governor in Hopson's place, and worries that Adair may no longer be his company's agent. Hamilton asks Adair for his assistance in the disposal of Hamilton's son's commission as quarter master and other regimental matters. He also complains of the cold and doubts that there will be any "Relief from America…till next year." <BR>Estimated Value $1,000-1,500. <BR><BR>Our item number 119514<BR><IMAG ES><P ALIGN="CENTER"><IMG SRC="http://www.goldbergcoins.net/liveauction/43jpegs/119514.jpg"> </P></IMAGES>
Auction Location:
350 S. Beverly Drive Suite 350, Beverly Hills, California, United States
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Guide for bidders
Each absentee bid form should contain bids for one sale only: the sale name
and sale number should appear in the top left hand corner of the Absentee
Bidder Form. Please place your bids as early as possible. In the event of
identical bids, the earliest bids received will take precedence. Any bids
received later than 6 hours before the auction may or may not be executed.
Absentee Bids
If you are unable to attend the auction in person, and wish to place bids,
you may give Ira & Larry Goldberg’s bid department instructions to bid on
your behalf. Our representatives will try to purchase the lot for the lowest
price possible, and will not purchase the lot for more than you indicate.
This service is free and confidential. Note: Ira & Larry Goldberg Coins &
Collectibles offers this service as a convienence to clients who are unable
to attend the sale in person, and although we will make every effort, we
will not be responsible for error or failure to execute bids.
Placing Absentee bids
To place bids, please use the Absentee Bidder Form provided in this catalog.
Be sure to accurately put the lot number and the maximum price you are
willing to pay on each lot. Always indicate a top limit or the amount which
you would bid if you were attending the auction in person. This amount
should not include the buyers commision noted in chapter 16 of the “Terms
and Conditions of sale”.
Mail Bids
When bidding by mail, you frequently purchase lots for less than your
maximum bid. On the floor of the auction, bidding will open at 5-10% above
the second highest mail bid: We act on your behalf as the highest mail
bidder. If the auctioneer recognizes no other bids from the floor, you will
be awarded the lot at the opening bid. If bidding proceeds from the floor,
the company, acting as your agent, bids in increments over the previous bid.
This process is continued until you are awarded the lot or you are outbid by
the floor.
Limit Bidders
If you have a “limit” that you must stay within you must clearly notate this
limit on your bid sheet. We will buy your lots as inexpensively as possible
but will not exceed your “limit”.
“Or Bids”
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numbers. Then if your bid on an early lot is successful, we will not
continue to bid on any other lots for you. Or, if your early bids are
unsuccessful, we will continue to execute bids for alternative lots until a
bid is successful. Bids must always be placed in the same order as the lot
numbers appear in the catalog.
Telephone Bids
Bids may be placed by telephone, but are accepted only at Ira & Larry
Goldberg Coins & Collectibles discretion and at the risk of the telephone
bidder. We will not be responsible for error or failure to notify the
customer in a timely manner during the auction. The telephone bidder must
notify the company prior to auction all lots the bidder is interested in
bidding on. The telephone bidder should have a preconceived idea of the top
limit that he/she would like to bid prior to auction. In some instances the
representative of the company will request this information at the time of
auction. This information assists us in the bidding process by giving us a
range to stay active in the bidding. We will not notify the auctioneer of
your limit and will buy your lot at the lowest price possible.
Internet Bidding
For bidders that want to place Absentee Bids over the internet in lieu of by
mail or facsimile, Ira & Larry Goldberg Coins & Collectibles has available
internet bidding for those wishing to conduct bidding over the world wide
web. For those customers wishing to bid via email, please go to
goldbergcoins.com. Click the “how to bid” button, then click the online fill
in form. You must be registered with our firm to be able to participate in
the internet bidding process. This service is free and confidential. Note:
Ira & Larry Goldberg Coins & Collectibles offers this service as a
convenience to clients who are unable to attend the sale in person, and will
not be responsible for error or failure to receive bids due to network or
internet down time.
Buyers Premium
The “top limit” you indicate on your bid form is for the hammer price only.
Please keep in mind that a buyer’s premium will be added to the successful
bid price of each lot you buy and is payable by you, together with the
applicable sales tax and shipping charges which is applied to the total cost
of your purchase (the total cost includes the buyer’s premium). The buyer’s
premium of 15% will be added to each lot as stated in the “Terms and
Conditions”.
Successful Bids
Successful bidders will be notified and invoiced within a few days of the
sale. All bidders may view prices realized after each session by going to www.goldbergcoins.com.
All prices realized are preliminary and subject to change for up to 7 days after the end of the sale.
Terms and Conditions
These Terms and Conditions of Sale set forth the terms of a public auction
sale conducted in Beverly Hills, California by Ira & Larry Goldberg Coins
& Collectibles, Inc., a Nevada corporation, California Auction Bond No.
3S95453300 (hereinafter, the “Auctioneer” or “Goldberg”).
The Terms and Conditions of sale, the glossary, if any, and all other
contents of this catalog are subject to amendment by us by the posting of
notices or by oral announcements made during the sale.
By participating in any sale, you acknowledge that you are bound by these
terms and conditions.
1 This catalog contains the description of property of multiple consignors
(the “Consignors”), and may include consignments from Goldberg, its
principals, and affiliated or related companies and their employees,
officers, or principals. All persons seeking to bid, whether in person,
through an agent or employee, or by telephone, facsimile or mail, must have
a catalogue and register to bid at the auction, either by completing a
registration card or by completing the bid sheet incorporated into the
catalogue. The Purchaser acknowledges that an invoice describing a lot by
number incorporates the catalogue by reference.
2 By submitting a bid, whether in person, by mail, by phone, by facsimile or
through an employee or agent, the Bidder acknowledges (i) receipt of the
catalogue, (ii) that the Bidder has read the Terms and Conditions of Sale
and the descriptions for the lots on which they have bid, and (iii) that
they agree to adhere to these Terms and Conditions of Sale. Acceptance of
Bids: Anyone wishing to place bids on lots who will not be attending the
live auction must submit their bid(s) at least six (6) business hours prior
to the auction session. Bidder is responsible for verifying said bids were
received by Goldberg.
3 Each Bidder’s determination of it’s
bid should be based upon its own examination of the item(s), rather than the
grade represented in this Catalogue or elsewhere. In any purchase or sale,
the value of the item(s) is determined by the price. THE PURCHASER HEREBY
ASSUMES ALL RISKS OF VALUATION CONCERNING ANY AND ALL PURCHASES. All Floor
Bidders acknowledge that the Auctioneer can decline to accept bids from the
a Floor Bidder who is known to have not, in fact, examined the lot prior to
the sale.
4 All material shall be sold in separate lots to the highest Bidder as
determined by Auctioneer. If any dispute arises during or immediately after
the sale of a lot, Auctioneer shall have the right to rescind the lot
offered and put the lot up for sale again. In all cases, Auctioneer’s
decision shall be final. For the protection of any Mail Bidder, no
“unlimited” or “buy” bids will be accepted. Goldberg shall have the right
in its sole and absolute discretion to reject any such bid received. When
identical bids are received for a lot, preference is given to the first bid
received as determined by the Auctioneer. A mail bid will take precedence
over an identical floor bid; a Floor Bidder must bid higher than the highest
mail bid to be awarded any lot.
5 Bids must be for an entire lot and each lot constitutes a separate sale.
No lot will be broken up unless the Auctioneer determines otherwise. Lots
will be sold in their numbered sequence unless Auctioneer directs otherwise.
6 All lots may carry a reserve. For purposes of these Terms and Conditions
of Sale, a reserve means a confidential price below which the Auctioneer
will not sell an item or will re-purchase on behalf of the Consignor or for
the account of Goldberg.
7 The Auctioneer may open the bidding on any lot by placing a bid on behalf
of the seller; a Bidder by mail, telephone or facsimile; or any other
participant in the sale. The Auctioneer may also bid on behalf of the
Consignor up to the amount of the reserve, by (i) accepting bids from floor
agents on behalf of the Consignor, or any affiliated or related company of
the Auctioneer or the Consignor; (ii) by placing suc- cessive or consecutive
bids for any lot; or (iii) by placing bids in response to other Bidders.
8 Auctioneer reserves the right, at his sole discretion, (i) to accept or
decline any bid, (ii) to accept or decline any challenge to any bid or
bidding increment, (iii) to reduce any mail bid received, (iv) to open the
bidding of a lot at any level deemed appropriate by the Auctioneer, and (v)
to determine the prevailing bid. Bids will not be knowingly accepted from
persons under eighteen (18) years of age without a parent’s written consent
containing an acknowledgment that the Terms and Conditions of Sale herein
and indicating their agreement to be bound thereby on behalf of the Bidder.
9 It is unlawful and illegal for Bidders to collude, pool, or agree with
another bidder to pay less than the fair value for a lot. Bidders in the
sale acknowledge that the law provides for substantial penalties in the form
of treble damages and attorneys’ fees and costs for those who violate these
provisions.
10 Goldberg reserves the right to withdraw any lot at any time, even after
the hammer has fallen, until the Purchaser has taken physical possession of
the lot. No Consignor who has registered to bid at the sale (or at any
other time unless otherwise provided in the consignment agreement), or any
Purchaser or prospective Bidder shall have a right to claim any damages,
direct, consequential or otherwise, if a lot is withdrawn, even after the
sale.
11 GOLDBERG IS NOT RESPONSIBLE FOR ERRORS IN BIDDING. A Bidder should make
certain to bid on the correct lot and that the bid is for an amount (plus
the fifteen percent (15%) Buyer’s Commission or plus the twenty percent
(20%) to Ebay bidders) that he or she is willing and able to pay. Since
other Bidders (by mail, facsimile or other electronic media and in person)
will be present, and since a re-offering could damage the momentum of the
sale, once the hammer has fallen and the Auctioneer has announced the
winning Bidder, such Bidder is unconditionally bound to pay for the lot,
even if the Bidder has made a mistake.
12 THIS IS NOT AN APPROVAL SALE. All lots sold to the highest Bidder as
determined by Auctioneer are final. Floor Bidders are encouraged to
carefully examine all lots which they are interested in purchasing because
all sales of items viewed by Purchasers in advance 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 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) calendar 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 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 within 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 removal of any lot from its original
container constitutes just cause for revocation of all return privileges for
any reason.
13 All prospective Bidders who are allowed the opportunity to examine lots
prior to the sale shall personally assume all responsibility 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
prospective Bidder.
14 Title to any lot remains with Consignor, 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
payment in full before delivering any lot to the successful Purchaser.
15 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.
16 A BUYER’S COMMISSION OF FIF-TEEN PERCENT (15%) and twenty percent (20%) to
Ebay bidders on each individual lot 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 final bid.
17 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 commission 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
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 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
Conditions of Sale per this agreement.
18 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 $2,500. On any cash transaction or series of
transaction exceeding $10,000, Treasury Form 8300 may be filed.
19 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 fifteen percent (15%) or plus the twenty percent (20%)
to Ebay bidders Buyer’s Commission, and any other taxes required by law to
be charged or collected, together with any interest or penalty that may be
assessed.
20 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 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 documents as may be reasonably necessary to grant Goldberg such
security interest. Purchaser 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 indebtedness, plus all
accrued expenses, until the indebtedness is paid.
21 By bidding in this sale, Purchaser personally and unconditionally
guarantees payment. If the Purchaser is a corporation, the offi- cers,
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 guarantee any payment due Goldberg.
22 No bids will be accepted from Floor Bidders and Mail Bidders who have not
previously established credit with Goldberg unless 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
Goldberg may require, in its sole and absolute discretion. Any deposits
made pursuant to this paragraph will be applied to such Bidders purchases.
Any unused portion of such deposit will be promptly refunded upon clearance
of the funds.
23 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 resell the merchandise, or to have an affiliated or related
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 applied as follows: (i) to pay sums
due to the consignor, (ii) to pay Goldberg standard commisions 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 assign its interest to any third party.
24 Goldberg may at its sole and absolute discretion, make loans or advances
to Consignors and/or prospective Purchasers.
25 The Auctioneer may bid for his or its own account at any auction (even
though it may not be required to pay a Buyer’s Commission, or other charges
that other Purchasers may be required to pay) and may have access to
information concerning 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 ownership 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 Goldbergs shall be entitled to its
reasonable attorney’s fees and costs.
27 In the event of a successful challenge 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 reimbersment once tendered by Goldberg, relieves and releases
Goldberg from any responsibility whatsoever 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 Bidder shall have any claim as a result thereof,
including 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 ALTERED AND THAT THE COIN HAS NOT BEEN
“REPAIRED.”
29 Any other warranty is expressly disclaimed; 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. Questions regarding the minting of a coin as a proof or as a business
strike relate to the method 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 service, 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
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 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 EXPERTS. 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 services) 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 certification by
any independent grading service.
c. All oral and written statements made by Goldberg and its employees
(including affiliated 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
alteration 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
whatsoever.
e. Notwithstanding anything to the contrary in these Terms and Conditions of
Sale,
COINS LISTED IN THIS CATALOGUE GRADED BY PCGS, NGC, ICG, SEGS, ACCUGRADE,
PCI, NTC OR ANACS CACHET 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, sucessors 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 directors, 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
arising out of, or in connection with any challenge to the title to any good
purchased, the sale itself and/or the auction, except for reimbursement in
the amount equal to any bid actually paid by Purchaser, plus any Buyer’s
Commission 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,
demand, 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 SETTLEMENT WITH THE
DEBTOR.”
31 Neither Goldberg nor any affiliated or related company shall be
responsible for incidental 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 Purchase is bidding in person, by mail, by facsimile, 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 original 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 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 Purchaser
decline to do so, Purchaser hereby grants to Goldberg a limited power of
attorney to unconditionally effect such release.
34 Rights granted to Bidders and Purchasers 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 therein. 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 difficult 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 opinion 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
Purchaser. If Goldberg gives notice, it shall be by U.S.P.S. Certified
Mail, Return Receipt Requested 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 determined 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 Purchaser’s account, in
accordance with the Uniform Commercial Code, Goldberg shall not be required
to account to the Purchaser for any excess proceeds. Purchaser shall remain
liable 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 Purchaser 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 property of Purchaser, including any future
goods of Purchaser coming into possession of Goldberg. To the extent
permitted by law, Purchaser hereby waives all the requirements of notice,
advertisement and disposition of proceeds required by law.
36 These Terms and Conditions of Sale and the auction shall be construed and
enforced 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 California shall have exclusive jurisdiction over any dispute(s) arising
hereunder, and Purchaser hereby agrees that any dispute arising hereunder
shall be l itigated exclusively in the courts of the State of California,
and not elsewhere, regardless of any party’s current or future residence 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 commenced.
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 other expenses and costs incurred in connection with the litigation
or other proceeding if Goldberg 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 unenforceable by
any court of competent jurisdiction, the remaining sections or terms and
provisions of a section shall continue in full force and effect without
being impaired or invalidated in any way. AS STATED IN THE TERMS AND
CONDITIONS OF SALE Certain lots may be reserved by the Consignor. If the
Auctioneer identifies a Consignor bidding on his own property, an
announcment will be made that the Consignor is now bidding. If the
Consignor places a bid in the mail bid book and is successful, the
Auctioneer will announce that the lot has been passed.
40 These Terms and Conditions contain the entire agreement and understanding
between Goldberg and Bidder concerning the auction and any items bid on or
purchased at the auction. Bidder acknowedges that Goldberg has not made any
promises, representations or warrantee to bidder, not contained herein
concerning the auction and any items bid on or purchased at the auction.