582
Mitchell, Margaret. Gone With the Wind, 1st Ed.
Currency:USD
Category:Antiques
Start Price:750.00 USD
Estimated At:1,500.00 - 2,500.00 USD
SOLD
2,500.00USDto clancarroll+ buyer's premium (500.00)
This item SOLD at 2007 Oct 20 @ 15:09UTC-08:00 : 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 120741><B>Mitchell, Margaret.</B> <I>Gone With the Wind.</I> First Edition, first issue, New York: The MacMillan Company, May 1936. In first dust jacket, which has some edge chips & tears, and a few rub marks. Cloth covers have some sunning to spine and edges. <BR>Estimated Value $1,500-2,500. <BR><BR>Our item number 120741<BR><IMAGES><P ALIGN="CENTER"><IMG SRC="http://www.goldbergcoins.net/liveauction/43jpegs/120741.jpg"> </P></IMAGES>
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These Terms and Conditions of Sale set forth the terms of a public auction
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& Collectibles, Inc., a Nevada corporation, California Auction Bond No.
3S95453300 (hereinafter, the “Auctioneer” or “Goldberg”).
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1 This catalog contains the description of property of multiple consignors
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3 Each Bidder’s determination of it’s
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participant in the sale. The Auctioneer may also bid on behalf of the
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bids for any lot; or (iii) by placing bids in response to other Bidders.
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decline any bid, (ii) to accept or decline any challenge to any bid or
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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
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11 GOLDBERG IS NOT RESPONSIBLE FOR ERRORS IN BIDDING. A Bidder should make
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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
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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
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certificate, out of state resale certificate, or similar evidence that they
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description of any lot in the catalogue is incorrect, the lot is returnable
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16 A BUYER’S COMMISSION OF FIF-TEEN PERCENT (15%) and twenty percent (20%) to
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17 Pursuant to a separate agreement with Auctioneer, Consignors or their
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a rebate commission in whole or in part if successful. Under some
circumstances, Goldberg may agree with a Consignor (i) not to require the
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transaction exceeding $10,000, Treasury Form 8300 may be filed.
19 Purchaser agrees to promptly pay, on demand, any sales tax, or any other
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any past, subsequent or future consignment, or items acquired by Purchaser
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accrued expenses, until the indebtedness is paid.
21 By bidding in this sale, Purchaser personally and unconditionally
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directors, and principals of the corporation hereby agree to personally and
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bid. The authorized representative of any corporate Purchaser who is
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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
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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
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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
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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
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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.