SOLD
16,000.00USDto floor+ buyer's premium
This item SOLD at 2005 Nov 05 @ 18:01UTC-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 86079><B>(Monroe, Marilyn).</B> Collection of twenty-five (25) photographs taken by Hollywood photographer Joseph Jasgur in March 1946 of Marilyn Monroe while she was still Norma Jeane Doughterty. Here is how it happened:<BR><BR>On March 6, 1946, Jasgur received a call from Emmeline Snively, director of the Hollywood Blue Book Model Agency, asking Joe to do her a favor and take some pictures of a newcomer "to see if the camera liked her." Nineteen-year-old Norma Jeane Dougherty showed up and boy, did the camera like her! Joe took some hurried pictures in the alley behind his studio, near the corner of Beverly Blvd. and Poinsettia Place. Less than a week later, on March 10th, Joe took Norma Jeane to the top of the Don Lee Towers above the "Hollywood" sign; she wore a plaid shirt and dungarees. Emmeline Snively decided that Norma Jeane's brown, curly hair needed lightening and straightening, which was done. On March 23, Joe took her to Zuma Beach in Malibu, and took pictures of her wearing a striped, two-piece bathing suit. A week later, they returned to Zuma Beach for more pictures and Norma Jeane wore a two-piece bathing suit with a seagull on it; they were accompanied by three cast members of a local production of <I>The Drunkard</I>. Based on Jasgur's photographs, Norma Jeane was signed by Emmeline Snively and became one of Blue Book's most successful models, going on to meet Ben Lyon, casting director at 20th Century-Fox, and signing a seven-year optional contract. Marilyn Monroe was born.<BR><BR>Offered here are 25 of the photographs from those early shoots, taken three years before Tom Kelley's nude, calendar photos of Marilyn. They are divided into eight groups and are in overall fine condition. Numerous Library of Congress copyright documents are included, but the copyright is retained by Paul E. Philipson (meaning that the purchaser will own and can sell these originals, but can not make reproductions for sale.&# 41; A DVD containing 1½ hours of interviews with photographer Joseph Jasgur is included, as is a photocopy of the Model Release Form that Norma Jeane signed for the March 10 and 23 sessions. The collection includes:<BR><BR><B> (1)</B> Three color photos of Norma Jeane wearing plaid pedal pushers and a white sweater, standing on a ledge: one is 14"x11", one is 10"x8", and one is 10½"x8". With a Library of Congress copyright document.<BR><B>(2)</B> Six black and white photos, wearing plaid pedal pushers and a white sweater, five 10"x8" and one 13½"x10½". The 10"x8" photos include: one photo of photographer Jasgur "kicking" Norma Jeane in the behind as she looks over the ledge of a building; two chest-up portraits of her smiling upward (one of these is in a special background light process, has an embossed blind stamp, "Joseph Jasgur / Hollywood" at lower right and has a Library of Congress copyright document); one is 3/4 length, with her hands on her hips; and one is full lenth, on the ledge of the building. The large photo shows her standing on the ledge, her hands tugging down her sweater, and has an embossed blind stamp, "Joseph Jasgur / Hollywood" at lower right. It was inscribed in 1990 by an older Jasgur to someone named Karen (to whom he never gave the photo) and shows his bitterness toward Norma Jeane, who ignored him after she signed her movie contract. It says: "<I>Karen--When I discovered Norma Jean (Marilyn Monroe) and took her first modeling photos in 1946, I thought modeling she was super good. Discovering you in 1989, made me realize that there is no comparison. You are genuine and fantastic. This is why I like you so much</I>…." <BR><B>(3)</B> Four 10"x8" black and white photos: one full-length shot, wearing plaid pedal pushers and a white sweater - titled, "Norma Jeane, Infra Red #5, Wi th Both Hands on Hips"; one (with crop marks) is "Norma Jeane, Infra Red #4 With Both Hands Behind Head"; one is a head and bust shot, marked "Infra-Red Film" on the back, with Jasgur's stamp; and a laughing, waist-up shot, with left hand on her waist. The first three have a Library of Congress copyright document; the fourth has a Certificate of Copyright Registration.<BR><B>(4)</B> Four black and white photos in a plaid shirt: one 14"x11" head and bust shot, one 10"x8" head and bust shot, and two 10"x8" waist-length shots (one with Library of Congress copyright document). <BR><B>(5)</B> Two black and white photos of Norma Jeane, both 8"x10"; in one, she wears a two-piece seagull bathing suit and stands with five other people (photographer Joseph Jasgur has his arm around her shoulders); in the other group photo, her eyes are closed and she wears Jasgur's jacket over her bathing suit. Wi th a Library of Congress copyright document.<BR><B>(6)</B>Two color photographs in a two-piece seagull bathing suit; one 20"x16 is signed by Joseph Jasgur at lower left; the other is 14"x11". With a Library of Congress copyright document. After looking closely at these photos years later, Jasgur declared that Norma Jeane had six toes on her left foot, but said he had never noticed it in person; this is vehemently disputed by many Marilyn fans.<BR><B> (7)</B>Two photos, one color and one black and white, both 10"x8": Norma Jeane in a facial portrait, wearing a white sweater. With a Library of Congress copyright document.<BR><B>(8)</B> Two 14"x11" photos, one color and one black and white: The first shows Norma Jeane sitting on the beach in a striped, two-piece bathing suit, with Jasgur's backstamp; a cropped head shot of this photo appears on the color of <I>The Birth of Marilyn. The Lost Photographs of Norma Jean by Joseph Jasgur< /I> by Jeannie Sakol (St. Martin's Press, 1991). The second shot shows Norma Jeane drawing a heart on the beach; it is a promotional shot used in 1987 for a show called "25 years / Marilyn Monroe / forever young" by Prime Entertainment Inc. Both shots have Library of Congress copyright documents. <BR>Estimated Value $15,000-25,000. <BR><BR>Our item number 86079<BR><IMAGES><P ALIGN="CENTER"><IMG SRC="http://216.67.248.213/liveauction/33jpegs/086079.jpg"> </P></IMAGES> <BR><DIV ALIGN="CENTER"> <TABLE> <TR> <TD><IMG SRC="http://216.67.248.213/liveauction/ilgebaylogo.JPG"></TD> <TD> 350 South Beverly Drive Suite 350<BR> Beverly Hills, CA 90212, USA<BR> Telephone: 310-551-2646<BR> Fax: 310-551-2626<BR> E-Mail: <A HREF="mailto:brian@goldbergcoins.com"> info@goldbergcoins.com </TD> </TR> </TABLE> <font color=red> <h3>There is a 20% commission charge added to each and every lot.</h3></font> <P>We are one of the country's premier auction houses, specializing in U.S., World and Ancient Coins and Currency; Autographs; Manuscripts; Rare Books and other Fine Collectibles. Dedicated to quality of product and customer service, we guarantee authenticity of all items sold for their full purchase price. </P> <P>Our office will answer inquiries about lots (e-mail only, please) from 9-5 (Pacific Time) Monday through Friday. </P> <a href=http://PayPalSucks.com><img border=0 src=http://PayPalSucks.com/images/logo.gif></a> <p align=center> <font face=Arial size=2>Pay for this auction online with Western Union<sup>®</sup> Auction Payments<sup><font size=2>SM</font></sup></font> <BR><BR> <a href="http://www.auctionpayments.com/" target="_blank"><img border=0 src="http://www.auctionpayments.com/images/banners/banner1.gif" alt="Western Union Auction Payments"></a> </p> <P>Bidpay payment items will be sent upon reciept of check from Western Union. These payments may take up to ten days to get to us. We accept MasterCard, Visa up to $2500 dollars, personal checks, cashiers checks and money orders on all items. When using a credit card, please include account number, expiration date, billing and shipping address and eBay lot number. <B>Successful California bidders must pay 8.25% sales tax. This tax charge may not appear on your invoice until we are notified of purchasers address.</B> All credit card transactions are subject to additional verification. Shipping charges will not be quoted until notification of purchasers address. Please allow up to 5 days after the auction to get your invoice from us via e-mail</P> <P>We are members of the American Numismatic Association, Professional Numismatists Guild, International Autograph Dealers Alliance, Universal Autograph Collectors Club and the Manuscript Society. View our auction catalogs and consignment offers at: <A HREF="http://www.goldbergcoins.com"> www.goldbergcoins.com. </P> <TABLE> <TR> </TR> <TR> <TD ALIGN="CENTER"> <TABLE> <TR> <TD WIDTH="20%" ALIGN="CENTER" VALIGN="TOP"><IMG SRC="http://www.goldbergcoins.com/images/png1.gif" ALT="Member PNG" width=50 height=65>
<FONT SIZE="-1">Member PNG
over 30 years</FONT></TD> <TD WIDTH="20%" ALIGN="CENTER" VALIGN="TOP"><IMG SRC="http://www.goldbergcoins.com/images/paslogo1.gif" ALT="Member PAS" width=76 height=65>
<FONT SIZE="-1">Professional Sports Authenticator
Authorized Dealer</FONT></TD> <TD WIDTH="20%" ALIGN="CENTER" VALIGN="TOP"><IMG SRC="http://www.goldbergcoins.com/images/mslogo1.gif" ALT="Member MS" width=37 height=65>
<FONT SIZE="-1">Manuscript Society
Life Member</FONT></TD> <TD WIDTH="20%" ALIGN="CENTER" VALIGN="TOP"><IMG SRC="http://www.goldbergcoins.com/images/iadalogo1.gif" ALT="Member IADA" width=45 height=65>
<FONT SIZE="-1">International Autograph
Dealers Alliance</FONT></TD> <TD WIDTH="20%" ALIGN="CENTER" VALIGN="TOP"><IMG SRC="http://www.goldbergcoins.com/images/ana1.gif" ALT="ANA" width=50 height=65>
<FONT SIZE="-1">Member ANA
over 30 years</TD> </TR> </TABLE> </TD> </TR> </TABLE> </DIV>
Auction Location:
350 South Beverly Drive Suite 350, Beverly Hills, United States
Previewing Details:
By Appointment Only:
October 24-28
9 AM to 5 PM
No Appointment Necessary:
October 31- November 4
9 AM to 5 PM
Buyer's Premiums:
| From (Incl.) | To (Excl.) | Premium |
| 0.00 |
Infinite |
20% |
Additional Fees:
Shipping Details:
No Info Available
Payment Details:
No Info Available
Accepted Payment Methods:
- VISA
- Money Order/Bank Draft
- Check/Cheque
- See Payment Details
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 Goldberg received said bids .
3. Each Bidder’s determination of its 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 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 placed 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. Due to the fungibility of the items sold, 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 successive 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 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 consequential damages 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 the maximum (plus the fifteen percent (15%) Buyer’s Commission) that he or she is willing and able to pay. Since other Bidders (by mail, facsimile 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 authenticity must be made in writing by the original purchaser. All disputed lots must be returned intact as received in its original container.
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 Purchaser pays for the lot in full. 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 FIFTEEN PERCENT (15%) 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. EbayLive buyer’s commission will be 20%.
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. Unless otherwise agreed in writing, auction sales are strictly cash 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. No credit card purchases will be accepted. On any cash transaction or series of transaction exceeding $10,000, Treasury Form 8300 will be filed. Lots must be paid for on the earlier of receipt of invoice or delivery.
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 insurance plus the fifteen percent (15%) 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 officers, 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 (1½%) 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. Any excess money realized from the resale shall first be applied to pay Goldberg its standard fees and commissions for a sale 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 there from 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 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, which 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 postpone 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 UNCONDITIONALLY GUARANTEED TO BE GENUINE (UNLESS OTHERWISE STATED). WITHOUT TIME LIMIT TO THE ORIGINAL PURCHASER.
29. 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.
b. Bidders shall have no recourse against the Consignor 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, successors 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 litigated 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 announcement 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.
SHIPPING
Goldberg Coins & Collectibles will not assume responsibility for the shipping and packaging of certain items, larger or more delicate items.* It is the responsibility of the purchaser to contact Goldberg Coins & Collectibles after the sale to arrange for the shipping and packaging of said items.
*As determined by the auctioneer.