3582: 1776 Continental Currency. CURRENCY. Pewter PCGS
| Start Price |
USD 17,500.00 |
| Current Price |
USD 17,500.00 |
| Time Left |
- |
| Bid Count |
0 |
| Buy It Now Price |
- |
| Reserve Price |
- |
| Start Time |
Sunday, May 25, 2008 |
| End Time |
Monday, May 26, 2008 |
| Location |
Beverly Hills, CA |
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See more about '3582: 1776 Continental Currency. CURRENCY. Pewter PCGS'
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Description
Prev LotNext LotHover thumbnail to view large image below. Click thumbnail to view full image in new window.1776 Continental Currency. "CURRENCY". Pewter. Breen-1092, Small N in AMERICAN. PCGS graded AU-55. Some lustre still visable, mainly on the reverse. Well struck with even grey toning. Highly radiant and largely bright in the areas around the intricate linked chains and throughout the obverse sunrays, etc. They naturally toned gray highlights on both sides give it a lovely antique appearance. All but fully struck on the names of the states and borders of the chain links, with just a insubstantial touch of weakness at the lowest left quadrant on the reverse where the centering is a trifle off. An historic offering for the strong buyer of American Colonial coins.The reader seeking further material is urged to borrow a copy of The 1776 Continental Currency Coinage by Eric P. Newman, published as part of The Coin Collector's Journal, July-August, 1952, as well as a number of articles by the same author in The Numismatist in subsequent years.Although this issue has been referred to as a "Dollar" -- as most pieces were struck in pewter and as only a few were made in silver -- it has been put forward the pewter pieces may in fact have circulated as a smaller denomination, possibly the Cent. Another idea is that the piece was in fact intended as a Dollar coin and was simply fiat money in the sense of contemporary Continental paper money (The design used on the 1776 Continental "Dollar" is derived from one of the paper note issues.) Pop 6; 24 finer, 8 in 58, 1 in 61, 4 in 62, 7 in 63, 4 in 64 (PCGS # 794). Estimated Value $35,000 - 40,000. Our item number 129446 Notices This item is an "eBay Live Auction". This means that each item will not close at a specific time like a regular ebay auction. Because this is a live auction the lot will be opened in a format like a real auction house floor. Bids can be placed real-time during the auction via ebayliveauctions.com and icollector.com. Please note, bidders may place bids before the auction up to 1 hour prior to the start of the auction. This is the recommended method of bidding if you have a slow internet connection or do not have the experience bidding in a "live" sale. Due to the speed of the auction, we highy recommend a DSL or cable connection . Once the auction has started, only live bids are accepted. Please do not call to place bids during the auction as they will not be accepted. The "Auction date and time" displayed by ebay has been known to be wrong. Please check our auction information page for actual start times on ebayliveauctions.com. These start times pertain to when the auction opens, not the individual lot. We typically run approximately 150 items per hour, so you can estimate from that when your item may be displayed. We will not be held responsible for ebay down time or internet problems. If ebay goes down, we will try our best to wait a sufficient amount of time for it to come back up. In the event that we cannot require ebay, all ebay bids during that downtime will not be honoured. There is a 20% commission charge added to each and every lot. About Us 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. Our office will answer inquiries about lots (e-mail only, please) from 9-5 (Pacific Time) Monday through Friday up until the first day of the Auction. Prices realized will be posted on our webiste as soon as they are available. We accept MasterCard & Visa up to $5000 dollars, personal checks, cashiers checks and money orders on all items. We do NOT accept PayPal or American Express. When using a credit card, please include account number, expiration date, billing and shipping address and eBay lot number. 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. 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 our offices via e-mail. Your payment cannot be processed until you have received our invoice. 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: www.goldbergcoins.com. Member PNG over 30 years Professional Sports Authenticator Authorized Dealer Manuscript Society Life Member International Autograph Dealers Alliance Life Member ANA over 30 years Payment Info Money order/Cashier checks Personal check Visa/Mastercard See Item Description Shipping Info Will ship internationally (worldwide) . Please see our Terms and Conditions of Sale (below) for additional shipping info. Buyer's Premiums 20%( 0.00 ~ 9999999.00 ) Contact Info Ira & Larry Goldberg Coins & Collectibles 350 S. Beverly Drive Suite 350 Beverly Hills, California 90212, United States Tel: 310-551-2646 Fax: 310-551-2626 EMail: glenn@goldbergcoins.com Bonded CA Auctioneers # 3S95453300 ASK A QUESTION ABOUT THE LOT OR AUCTION FOR TECHNICAL SUPPORT CONTACT EBAY LIVE AUCTIONS Terms & Conditions of Sale Terms And Conditions Of Sale For Coin And Currency Auctions Guide for biddersEach absentee bid form should contain bids for one sale only: the sale nameand sale number should appear in the top left hand corner of the AbsenteeBidder Form. Please place your bids as early as possible. In the event ofidentical bids, the earliest bids received will take precedence. Any bidsreceived later than 6 hours before the auction may or may not be executed.Absentee BidsIf 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 onyour behalf. Our representatives will try to purchase the lot for the lowestprice 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 unableto attend the sale in person, and although we will make every effort, wewill not be responsible for error or failure to execute bids.Placing Absentee bidsTo 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 arewilling to pay on each lot. Always indicate a top limit or the amount whichyou would bid if you were attending the auction in person. This amountshould not include the buyers commision noted in chapter 16 of the "Termsand Conditions of sale".Mail BidsWhen bidding by mail, you frequently purchase lots for less than yourmaximum bid. On the floor of the auction, bidding will open at 5-10% abovethe second highest mail bid: We act on your behalf as the highest mailbidder. If the auctioneer recognizes no other bids from the floor, you willbe 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 bythe floor.Limit BiddersIf you have a "limit" that you must stay within you must clearly notate thislimit on your bid sheet. We will buy your lots as inexpensively as possiblebut will not exceed your "limit"."Or Bids"Alternative bids should be indicated by using the word "OR" between the lotnumbers. Then if your bid on an early lot is successful, we will notcontinue to bid on any other lots for you. Or, if your early bids areunsuccessful, we will continue to execute bids for alternative lots until abid is successful. Bids must always be placed in the same order as the lotnumbers appear in the catalog.Telephone BidsBids may be placed by telephone, but are accepted only at Ira & LarryGoldberg Coins & Collectibles discretion and at the risk of the telephonebidder. We will not be responsible for error or failure to notify thecustomer in a timely manner during the auction. The telephone bidder mustnotify the company prior to auction all lots the bidder is interested inbidding on. The telephone bidder should have a preconceived idea of the toplimit that he/she would like to bid prior to auction. In some instances therepresentative of the company will request this information at the time ofauction. This information assists us in the bidding process by giving us arange to stay active in the bidding. We will not notify the auctioneer ofyour limit and will buy your lot at the lowest price possible.Internet BiddingFor bidders that want to place Absentee Bids over the internet in lieu of bymail or facsimile, Ira & Larry Goldberg Coins & Collectibles has availableinternet bidding for those wishing to conduct bidding over the world wideweb. For those customers wishing to bid via email, please go togoldbergcoins.com. Click the "how to bid" button, then click the online fillin form. You must be registered with our firm to be able to participate inthe internet bidding process. This service is free and confidential. Note:Ira & Larry Goldberg Coins & Collectibles offers this service as aconvenience to clients who are unable to attend the sale in person, and willnot be responsible for error or failure to receive bids due to network orinternet down time.Buyers PremiumThe "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 successfulbid price of each lot you buy and is payable by you, together with theapplicable sales tax and shipping charges which is applied to the total costof your purchase (the total cost includes the buyer's premium). The buyer'spremium of 15% will be added to each lot as stated in the "Terms andConditions".Successful BidsSuccessful bidders will be notified and invoiced within a few days of thesale. 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 ConditionsThese Terms and Conditions of Sale set forth the terms of a public auctionsale 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 othercontents of this catalog are subject to amendment by us by the posting ofnotices or by oral announcements made during the sale.By participating in any sale, you acknowledge that you are bound by theseterms and conditions.1 This catalog contains the description of property of multiple consignors(the "Consignors"), and may include consignments from Goldberg, itsprincipals, 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 havea catalogue and register to bid at the auction, either by completing aregistration card or by completing the bid sheet incorporated into thecatalogue. The Purchaser acknowledges that an invoice describing a lot bynumber incorporates the catalogue by reference.2 By submitting a bid, whether in person, by mail, by phone, by facsimile orthrough an employee or agent, the Bidder acknowledges (i) receipt of thecatalogue, (ii) that the Bidder has read the Terms and Conditions of Saleand the descriptions for the lots on which they have bid, and (iii) thatthey agree to adhere to these Terms and Conditions of Sale. Acceptance ofBids: Anyone wishing to place bids on lots who will not be attending thelive auction must submit their bid(s) at least six (6) business hours priorto the auction session. Bidder is responsible for verifying said bids werereceived by Goldberg.3 Each Bidder's determination of it'sbid should be based upon its own examination of the item(s), rather than thegrade represented in this Catalogue or elsewhere. In any purchase or sale,the value of the item(s) is determined by the price. THE PURCHASER HEREBYASSUMES ALL RISKS OF VALUATION CONCERNING ANY AND ALL PURCHASES. All FloorBidders acknowledge that the Auctioneer can decline to accept bids from thea Floor Bidder who is known to have not, in fact, examined the lot prior tothe sale.4 All material shall be sold in separate lots to the highest Bidder asdetermined by Auctioneer. If any dispute arises during or immediately afterthe sale of a lot, Auctioneer shall have the right to rescind the lotoffered and put the lot up for sale again. In all cases, Auctioneer'sdecision shall be final. For the protection of any Mail Bidder, no"unlimited" or "buy" bids will be accepted. Goldberg shall have the rightin its sole and absolute discretion to reject any such bid received. Whenidentical bids are received for a lot, preference is given to the first bidreceived as determined by the Auctioneer. A mail bid will take precedenceover an identical floor bid; a Floor Bidder must bid higher than the highestmail 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. Lotswill be sold in their numbered sequence unless Auctioneer directs otherwise.6 All lots may carry a reserve. For purposes of these Terms and Conditionsof Sale, a reserve means a confidential price below which the Auctioneerwill not sell an item or will re-purchase on behalf of the Consignor or forthe account of Goldberg.7 The Auctioneer may open the bidding on any lot by placing a bid on behalfof the seller; a Bidder by mail, telephone or facsimile; or any otherparticipant in the sale. The Auctioneer may also bid on behalf of theConsignor up to the amount of the reserve, by (i) accepting bids from flooragents on behalf of the Consignor, or any affiliated or related company ofthe Auctioneer or the Consignor; (ii) by placing suc- cessive or consecutivebids 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 ordecline any bid, (ii) to accept or decline any challenge to any bid orbidding increment, (iii) to reduce any mail bid received, (iv) to open thebidding of a lot at any level deemed appropriate by the Auctioneer, and (v)to determine the prevailing bid. Bids will not be knowingly accepted frompersons under eighteen (18) years of age without a parent's written consentcontaining an acknowledgment that the Terms and Conditions of Sale hereinand 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 withanother bidder to pay less than the fair value for a lot. Bidders in thesale acknowledge that the law provides for substantial penalties in the formof treble damages and attorneys' fees and costs for those who violate theseprovisions.10 Goldberg reserves the right to withdraw any lot at any time, even afterthe hammer has fallen, until the Purchaser has taken physical possession ofthe lot. No Consignor who has registered to bid at the sale (or at anyother time unless otherwise provided in the consignment agreement), or anyPurchaser or prospective Bidder shall have a right to claim any damages,direct, consequential or otherwise, if a lot is withdrawn, even after thesale.11 GOLDBERG IS NOT RESPONSIBLE FOR ERRORS IN BIDDING. A Bidder should makecertain to bid on the correct lot and that the bid is for an amount (plusthe 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. Sinceother Bidders (by mail, facsimile or other electronic media and in person)will be present, and since a re-offering could damage the momentum of thesale, once the hammer has fallen and the Auctioneer has announced thewinning 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 asdetermined by Auctioneer are final. Floor Bidders are encouraged tocarefully examine all lots which they are interested in purchasing becauseall sales of items viewed by Purchasers in advance of a sale, even if thesale is by mail, telephone or facsimile, and all lots bid upon by the FloorBidders, together with all those presenting Goldberg with a resalecertificate, out of state resale certificate, or similar evidence that theyare acting as a dealer ARE FINAL AND SUCH ITEMS MAY NOT BE RETURNED. If thedescription of any lot in the catalogue is incorrect, the lot is returnableif returned within five (5) calendar days of receipt, and received byGoldberg 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 reasonof lack of authenticity, unless otherwise provided in these Terms andConditions of Sale. All lots are sold under the condition that any claimschallenging grading, authenticity or methods of manufacture must be made inwriting within five (5) calendar days of receipt of material. All disputedlots must be returned intact as received in their original, sealed andunopened container. Late remittance or removal of any lot from its originalcontainer constitutes just cause for revocation of all return privileges forany reason.13 All prospective Bidders who are allowed the opportunity to examine lotsprior to the sale shall personally assume all responsibility for any damagethey cause in so doing. Goldberg shall have sole discretion in determiningthe value of the damage caused, which shall be promptly paid by theprospective Bidder.14 Title to any lot remains with Consignor, any secured party of theConsignor, or assignee of Consignor, as the case may be, until the lot ispaid for in full by Purchaser. Goldberg reserves the right to requirepayment in full before delivering any lot to the successful Purchaser.15 It is the Purchaser's responsibility and obligation to have the lotsfully insured while in his or her possession. Purchaser assumes any andall 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%) toEbay bidders on each individual lot will be added to all purchases made byall Purchasers, except Consignors, regardless of Purchaser's affiliationwith any group or organization, and will be based upon the total amount ofthe final bid.17 Pursuant to a separate agreement with Auctioneer, Consignors or theiragents may be permitted to bid on their own lots in the sale and may receivea rebate commission in whole or in part if successful. Under somecircumstances, Goldberg may agree with a Consignor (i) not to require theConsignor to pay for all or part of any items bid upon or re-purchased bythe Consignor; (ii) when or where an advance has been made, to have theConsignor pay an agreed upon difference to Goldberg; or (iii) to allow anoffset against other transactions with Consignor. Where the Consignor hasre-purchased a lot and the lot is either returned to the Consignor orotherwise dealt with or disposed of in accordance with the Consignor'sdirection, or pursuant to contractual agreement, Goldberg reserves the rightto so note in the prices realized or to omit a price from the pricerealized. Every Consignor who registers to bid in the sale, whether to"protect" a lot, or for any other purpose, agrees to all other Terms andConditions 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. Goldbergreserves the right to decline to release lots for which funds have not yetcleared. Credit card (Visa & Mastercard only) purchases will be accepted ontotals not exceeding $2,500. On any cash transaction or series oftransaction exceeding $10,000, Treasury Form 8300 may be filed.19 Purchaser agrees to promptly pay, on demand, any sales tax, or any othertax, if required by law to be collected, postage, handling, and shippinginsurance plus the fifteen percent (15%) or plus the twenty percent (20%)to Ebay bidders Buyer's Commission, and any other taxes required by law tobe charged or collected, together with any interest or penalty that may beassessed.20 Purchaser grants to Goldberg or its assigns the right to offset any sumsdue, or found to be due Purchaser by Goldberg, and to make such offset fromany past, subsequent or future consignment, or items acquired by Purchaserin possession or control of Goldberg or from any sums due to Purchaser byGoldberg. Purchaser further grants Goldberg a purchase money securityinterest in such sums or items to the extent applicable, and agrees toexecute such documents as may be reasonably necessary to grant Goldberg suchsecurity interest. Purchaser agrees that Goldberg and its assigns shall bea secured party with respect to items bought by Purchaser and in thepossession of Goldberg, to the extent of the maximum indebtedness, plus allaccrued expenses, until the indebtedness is paid.21 By bidding in this sale, Purchaser personally and unconditionallyguarantees payment. If the Purchaser is a corporation, the offi- cers,directors, and principals of the corporation hereby agree to personally andunconditionally guarantee payment as part of the corporation's agreement tobid. The authorized representative of any corporate Purchaser who ispresent at the sale shall provide Goldberg or its agent, prior to thecommencement of the bidding (or at the time of registration), with astatement signed by each principal, director and officer that they eachpersonally and unconditionally guarantee any payment due Goldberg.22 No bids will be accepted from Floor Bidders and Mail Bidders who have notpreviously established credit with Goldberg unless they first (i) furnishsatisfactory credit references or (ii) deposit at least twenty-five percent(25%) of their total bids for that session(s), or such other amounts asGoldberg may require, in its sole and absolute discretion. Any depositsmade pursuant to this paragraph will be applied to such Bidders purchases.Any unused portion of such deposit will be promptly refunded upon clearanceof the funds.23 On any accounts past due, Goldberg reserves the right to extend creditand impose periodic charges, pursuant to these Terms and Conditions of Saleor as set forth in the Purchaser's invoice. If the auction invoice is notpaid in full when due, the unpaid balance will earn interest at the rate ofone-and-one-half percent (1 1/2%) per month until paid. In the event thisinterest rate exceeds the interest permitted by law, the same shall beadjusted to the maximum rate permitted by law. Goldberg further reservesthe right to resell the merchandise, or to have an affiliated or relatedcompany do so. Purchaser agrees to pay all reasonable attorneys' fees,court costs and other collection costs incurred by Goldberg or anyaffiliated or related company to collect past due invoices, includingreasonable costs of any resale of the merchandise. Purchaser also agrees topay the difference between the resale price and any previous disbursements.Money realized from the resale shall be applied as follows: (i) to pay sumsdue to the consignor, (ii) to pay Goldberg standard commisions and fees forthe resale, (iii) to pay Goldberg any sums owed to it by purchaser, and theremainder, if any, will be paid to the Purchaser. Goldberg reserves theright to assign its interest to any third party.24 Goldberg may at its sole and absolute discretion, make loans or advancesto Consignors and/or prospective Purchasers.25 The Auctioneer may bid for his or its own account at any auction (eventhough it may not be required to pay a Buyer's Commission, or other chargesthat other Purchasers may be required to pay) and may have access toinformation concerning the lots and items contained therein that is nototherwise available to the public. Any conflict of interest or claim ofcompetitive advantage resulting therefrom is expressly waived by allparticipants 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 proceedingat the expense of the Consignor and successful Purchaser and any otherapplicable party, and in such event Goldbergs shall be entitled to itsreasonable attorney's fees and costs.27 In the event of a successful challenge to the title to any goodspurchased, Goldberg agrees to reimburse any Purchaser in an amount equal tothe successful bid price actually paid by Purchaser at auction plus anyBuyer's Commission actually paid, in full and complete satisfaction of allclaims, such reimbersment once tendered by Goldberg, relieves and releasesGoldberg from any responsibility whatsoever to the Purchaser, even if theinstrument is not cashed or is returned.28 Goldberg reserves the right to post-pone the auction sale or any sessionthereof for a reasonable period of time for any reason whatsoever, and noBidder or prospective Bidder shall have any claim as a result thereof,including consequential damages.DISCLAIMERS AND WARRANTIESALL ITEMS OFFERED IN THISCATALOGUE ARE GUARANTEED TO BE GENUINE.THIS IS A LIMITED WARRANTY THAT THE ITEM SOLD IS NOT COUNTERFEIT, THAT ITSDATE OR MINTMARK HAS NOT BEEN ALTERED AND THAT THE COIN HAS NOT BEEN"REPAIRED."29 Any other warranty is expressly disclaimed; Goldberg offers norepresentation that a numismatic item has or has not been cleaned; that anytoning is natural or artificial; that any coin will meet the standards orgrade of any independent grading service; that any item has a particularprovenance or pedigree, or that a numismatic item is struck or produced in aparticular style. Any statement concerning such matters reflects an opiniononly. Questions regarding the minting of a coin as a proof or as a businessstrike relate to the method of manufacture and not to authenticity.a. The descriptions contained herein represent the Cataloger's good faithopinion, or the opinion of an independent grading service, as to the stateof preservation and strike. When a grade from an independent gradingservice is utilized, the information is provided strictly for theconvenience of the bidder by mail, telephone or facsimile. Bidders andPurchasers acknowledge that (i) grading is an art, not a science; (ii) thegrades contained in the catalogue represent the opinion of the Auctioneerbased upon its experience; (iii) it is possible that two people will notalways grade the same items alike; and (iv) as market conditions change,grading standards change, and will most likely continue to do so in thefuture.NO WARRANTY, WHETHER EXPRESSED OR IMPLIED, INCLUDING ANY WARRANTY OFMERCHANTABILITY, IS MADE WITH RESPECT TO ANY GRADE DESCRIPTION, WHICH ISMERELY AN OPINION THAT IS LIKELY TO DIFFER, EVEN AMONG EXPERTS. PURCHASERHEREBY ASSUMES ALL RISKS CONCERNING AND RELATED TO THE GRADING OF A LOT BYAN INDEPENDENT GRADING SERVICE.b. Grading or condition of rare coins may have a material effect on thevalue of the item(s) purchased; and the opinion of third parties (includingindependent grading services) may differ from the independent gradingservice's opinion or interpretation of Goldberg. Goldberg shall not bebound by any prior or subsequent opinion, determination or certification byany 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 aspecific written warranty, and no employee or agent of Goldberg hasauthority to vary or alter these Terms and Conditions of Sale. Anyalteration shall be effective only if in writing and signed by an officer ofGoldberg authorized to do so.d. Bidders shall have no recourse against the Consignor for any reasonwhatsoever.e. Notwithstanding anything to the contrary in these Terms and Conditions ofSale,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 orfacsimile, or through an agent), Bidder expressly consents to the following Waiver and Releases:Purchaser, for himself, his heirs, agents, sucessors and assigns, generallyand specifically waives and releases, and forever discharges Goldberg, andits respective affiliates, parents, shareholders, agents, subsidiaries,employees, members of their respective boards of directors, and each ofthem, 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 orunsuspected, which Purchaser may claim to have with respect to and/orarising out of, or in connection with any challenge to the title to any goodpurchased, the sale itself and/or the auction, except for reimbursement inthe amount equal to any bid actually paid by Purchaser, plus any Buyer'sCommission actually paid by Purchaser where such reimbursement is authorizedin these Terms and Conditions of Sale. It is the intention of Purchaser thatthis 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 Purchaserhereby knowingly and voluntarily waives any and all rights and benefitsotherwise conferred upon him by the provisions of the California CivilCode, which reads in full as follows:"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOTKNOW 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 THEDEBTOR."31 Neither Goldberg nor any affiliated or related company shall beresponsible for incidental or consequential damages arising out of anyfailure of the Terms and Conditions of Sale of the auction or the conductthereof and in no event shall liability for any such failure exceed thepurchase price paid.32 The sole remedy that any Purchaser in the auction shall have, whethersuch Purchase is bidding in person, by mail, by facsimile, by telephone, orthrough an employee or agent, for any claim or controversy arising out ofthe auction shall be a refund of the original purchase price and premiumpaid, if any.33 Upon payment of any disputed sum, which in no event shall be greater thanthe original purchase price actually paid by Purchaser plus any commissionor premium actually paid by Purchaser to Goldberg, Auctioneer and itsemployees shall be deemed released from any and all claims of the Bidderarising out of or in connection with the sale of such property. Purchaseragrees to execute prior to delivery of any refund, any documents reasonablyrequested to effect the intent of this paragraph. Should the Purchaserdecline to do so, Purchaser hereby grants to Goldberg a limited power ofattorney to unconditionally effect such release.34 Rights granted to Bidders and Purchasers under these Terms and Conditionsof Sale are personal and may not be assigned or transferred to any otherperson or entity, whether by operation of law or otherwise. Any attempt toassign or transfer any such rights shall be absolutely void andunenforceable. No third party may rely on any benefit or right conferred onany Bidder or Purchaser by these Terms and Conditions of Sale and terms ofwarranty. "Purchaser" shall mean the original Purchaser of the propertyfrom Goldberg and not any subsequent owner or other person who may acquireor have acquired an interest therein. If Purchaser is an agent, the agencymust 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 nottransferable to the undisclosed principal.35 If the Purchaser fails to comply with one or more of these Terms andConditions of Sale, then in addition to all other remedies which it may haveat law or in equity, Goldberg may at its sole option, either (a) cancel thesale, retaining all payments made by Purchaser as liquidated damages, itbeing recognized that actual damages may be speculative or difficult tocompute, or (b) sell some or all of the property and (some or all otherproperty of the Purchaser held by Goldberg, if Goldberg deems necessary), ina quantity sufficient in the opinion of Goldberg to satisfy theindebtedness, plus all accrued charges. More than one such sale may takeplace at the option of Goldberg. Such sale may take place without notice toPurchaser. If Goldberg gives notice, it shall be by U.S.P.S. CertifiedMail, Return Receipt Requested to the address utilized on the Bid Sheet,Auction Consignment and Security Agreement or other address known toGoldberg. Such sale will be at Goldberg standard commission rates at publicor private sale, within California, or at another location outside ofCalifornia to be determined by Goldberg. At the time of sale the defaultingparty shall not bid nor be permitted to bid. The proceeds shall be appliedfirst 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 ofboth sales, reasonable attorneys' fees and costs, collection agency fees andcosts and any other costs or expenses incurred thereunder. If a lot or itemis not paid for, and is sold by Goldberg for Purchaser's account, inaccordance with the Uniform Commercial Code, Goldberg shall not be requiredto account to the Purchaser for any excess proceeds. Purchaser shall remainliable to Goldberg if the proceeds of such sale or sales is insufficient tocover the indebtedness. If other property of Purchaser is also sold, anyexcess of proceeds will be remitted to the Purchaser after first deductingthe expenses set forth above. If Purchaser fails to remit sums due toGoldberg, Purchaser grants to Goldberg a lien with respect to such sum, withinterest to accrue thereon at the legal rate, until actually paid, whichlien shall apply against any property of Purchaser, including any futuregoods of Purchaser coming into possession of Goldberg. To the extentpermitted 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 andenforced in accordance with, and governed by, the laws of the State ofCalifornia, whether or not the auction is and these Terms and Conditions ofSale are fully performed in California.37 Purchaser acknowledges and agrees that the competent courts of the Stateof California shall have exclusive jurisdiction over any dispute(s) arisinghereunder, and Purchaser hereby agrees that any dispute arising hereundershall be l itigated exclusively in the courts of the State of California,and not elsewhere, regardless of any party's current or future residence ordomicile. Purchaser further agrees that venue shall be in the SuperiorCourt of Los Angeles, in the State of California.38 ATTORNEY FEES AND COSTS. The Bidder/Purchaser shall pay to Goldberg allcosts and expenses of collection of amounts due herein, or to otherwiseenforce any or all provisions of these Terms and Conditions of Sale, thesubject matter of these Terms and Conditions of Sale, or any other agreemententered into with Goldberg, including but not limited to, reasonableattorney fees and costs incurred before legal action, if any, is commenced.The Bidder/Purchaser further agrees that in any litigation or otherproceeding based upon, arising out of or related to these Terms andConditions of Sale, the Bidder/Purchaser shall pay to Goldberg its attorneyfees and other expenses and costs incurred in connection with the litigationor other proceeding if Goldberg is the prevailing party.39 If any section of these Terms and Conditions of Sale or any term orprovision of any section is held to be invalid, void, or unenforceable byany court of competent jurisdiction, the remaining sections or terms andprovisions of a section shall continue in full force and effect withoutbeing impaired or invalidated in any way. AS STATED IN THE TERMS ANDCONDITIONS OF SALE Certain lots may be reserved by the Consignor. If theAuctioneer identifies a Consignor bidding on his own property, anannouncment will be made that the Consignor is now bidding. If theConsignor places a bid in the mail bid book and is successful, theAuctioneer will announce that the lot has been passed.40 These Terms and Conditions contain the entire agreement and understandingbetween Goldberg and Bidder concerning the auction and any items bid on orpurchased at the auction. Bidder acknowedges that Goldberg has not made anypromises, representations or warrantee to bidder, not contained hereinconcerning the auction and any items bid on or purchased at the auction. 350 South Beverly Drive, Ste. 350, Beverly Hills, CA 90212 | 310. 551.2646 ph | 310.551.2626 fx | 800.978.2646 toll free © 1999-2007 Ira & Larry Goldberg Coins & Collectibles, All Rights Reserved info@goldbergcoins.com Buyer's Premiums20% ( 0.00 ~ 9999999.00 )TaxesInfo Not AvailableAuction House InfoIra & Larry Goldberg Coins & Collectibles350 S. Beverly Drive Suite 350Beverly Hills, California90212, United StatesTel: 310-551-2646Fax: 310-551-2626EMail: glenn@goldbergcoins.com CLICK TO Ask a Question ABOUT THE LOT OR AUCTION FOR TECHNICAL SUPPORT CONTACT EBAY LIVE AUCTIONS Terms & ConditionsThese 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 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 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 FIFTEENPERCENT (15%) will be added to each individual lot made by 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. INTERNET BIDDERS PAY A BUYER'S COMMISSION OF TWENTY PERCENT (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. LOTS MUST BE PAID WITHIN 14 DAYS FROM SALE. Unless otherwise agreed in writing, auction sales are strictly cash above $5,000.00 in U.S. Funds payable through a bank in the United States. Contact Goldberg for wiring instructions before sending a wire (Western Union Bidpay). 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 $5,000. 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 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 (11/2%) 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 commission 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 reimbursement 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 & CURRENCY LISTED IN THIS CATALOGUE GRADED BY PCGS, NGC, ICG, SEGS, ACCUGRADE, PCI, NTC, CGA, PMG 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, 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. 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 acknowledges 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. Payment InfoMoney order/Cashier checks, Personal check, Visa/Mastercard, See Item DescriptionOther Lots You May Be Interested In...Fractional Currency Narrow Margin Back Specimen G1864, 3c Fractional Currency. Third Issue, light1864, 3c Fractional Currency. Third Issue, dark b1862, 5c Fractional Currency. First Issue, perfor1862, 5c Fractional Currency. First Issue, straig1862, 5c Fractional Currency Wide Margin Specimen
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