LOUIS J. DIANNI - AUCTION TERMS & CONDITIONS
The Terms & Conditions set forth pertain to you (The Buyer/Bidder) bidding at Auction, managed by Louis J. Dianni (the auction house)beginning @ 12-Noon, EST on SATURDAY, FEBRUARY 13, 2010 @ the Conference Center of the Airport Palm Beach Hilton Hotel, 150 Australian Ave., West Palm Beach, FL 33406 U.S.A.
BIDDER REGISTRATION - In order to begin the process of bidding in this
auction, please contact Janet @ Ljdmarine1@aol.com & request a BIDDER REGISTRATION FORM. If you are planning to bid on LiveAuctioneers, please register here on their site. You will be asked to fill out a short profile and your information will be sent on to Louis J. Dianni for approval. Live Auctioneers merely facilitates on-line auctions
for auction houses and under no circumstances manages bidder approval.
You will be asked by Louis J Dianni for valid Mastercard or VISA credit card information in the bidderâ€™s name, and any other information deemed necessary to approve your bidding privileges. Once approved to bid on Live Auctioneers, you will receive an email stating so. On LiveAuctioneers you may leave an Absentee Bid if you cannot bid live on auction day.
Note: Bidding on LiveAuctioneers is fun, secure & easy. It is suggested that you avail yourself of the FAQâ€™s (Frequently Asked Questions) section of the Live Auctioneers site. The FAQâ€™s will answer all your questions and explain clearly how to register, sign up, bid, etc. They even offer Bidder Support on line by email if you have further questions about the procedures in bidding live on-line. Itâ€™s not complicated, and it is the way of the future for auction bidding.
All property is sold â€œAs Isâ€. The Consignor makes no warranties or
representations of any kind with respect to any property offered for sale. The Auctioneers makes no warranty of titled, warranty of merchantability or
fitness for a particular purpose, or any other warranty or representation of
any kind or nature with respect to the property. In no event shall either
be responsible for the correctness of descriptions, nor deemed to have made
any representation or warranty of description, genuineness, attribution,
provenance or condition of the property and no statement by anyone or in the catalogue, in any advertisement, or which is made at the same, in the bill
of sale or invoice, or elsewhere, shall it be deemed such a warranty or
representation or an assumption of liability. All bidders acknowledge their
right to have made full inspection of any and all properties prior to sale
and agree to be charged with all matters such inspection may have disclosed
or indicated. The Auction House retains all rights to copyright or other
intellectual property contained in this auction.
BUYER'S PREMIUM - A 17.5% Buyerâ€™s Premium will be added to the hammer
price of each lot sold in the auction, with a 2.5% discount offered if paymentis made by the methods listed below, other than credit cards. Buyers are required to pay sales tax on the total sales price, including the Buyerâ€™s
Premium, and the sales tax on the packaging of items to be shipped. All
purchases are subject to the Palm Beach, Florida Sales Tax of 6.5% unless
the Purchaser possesses & submits at point of sale a Florida Tax Exemption Number.
PAYMENT METHODS - An the close of the sale of an
item(s), title to the
property immediately transfers to the successful bidder, who in turn, becomes the buyer of the property. The Buyer assumes full risk and responsibility for the purchased property, including all costs and expenses of handling, shipping, insurance, taxes, export and otherwise, and is liable for the full purchase price, plus the buyerâ€™s premium, applicable taxes, and any other associated expenses. The purchaser is legally responsible for payment, Payment must be made, either on the day of purchase or within (5) five business days from close of auction.
Payments are accepted at the discounted rate of 15% in cash (In House Only), Bank Wire Transfers ($15.00 Bank Service charge applies), and by personal check if, approved, & to be held for two weeks before release of merchandise. Payment by MasterCard or Visa credit cards are offered to USA buyers at the regular Buyerâ€™s Premium of 17.5%, and is
limited to a maximum of $5000 per auction with balances over that amount to be paid in cash or bank wire transfer (NO EXCEPTIONS). Checks must be dated and bankable on the day of purchase. CHECKS WILL NOT
BE HELD FOR ANY PERIOD OF TIME. A $25 fee will be added for returned checks. First time buyers must pay by cash (In House Only), bank wire transfer or credit card. If you are the successful bidder, and do not remit payment as specified, the amount owed will be charged to your credit card together with such charges set forth in these terms of sale. PLEASE NOTE: Non-USA Buyers are required to pay for their purchases by BANK TRANSFER only. No credit cards, checks or any other method can be accepted.
Under no circumstances will any item be released or packaged for shipping, nor will a shipping quote be offered until full payment is received and
ABSENTEE BIDDING - You may leave an absentee bid with us by emailing Janet Ljdmarine1@aol.com & requesting a BIDDER REGISTRATON FORM or you may leave an Absentee Bid on this site, Live Auctioneers. Regardless of how you choose to Register to Bid, after you have been approved to bid by Louis J. Dianni, your absentee bid will be accepted by him. (Please see BIDDER REGISTRATION section for more details)
PHONE BIDDING - A limited number of phone lines will be available on a
first-come, first-served basis. Please reserve no later than three days before the auction. We cannot guarantee a phone line, we can only do our best to
accommodate you if cannot bid in person or live on-line with LiveAuctioneers Please contact Janet to set up a phone line, Ljdmarine1@aol.com or call her @ 954-895-8727. If you are unsure of where you or your agent will be during the auction, we recommend leaving an Absentee Bid with Janet or on LiveAuctioneers.
CONDITION REPORTS - Detailed condition reports are not offered by Louis J. Dianni, LiveAuctioneers, the officiating Auctioneer or the Consignor. The absence of a condition statement does not imply that the lot is in perfect condition or completely free from wear and tear, imperfections or the effects of aging. It is the responsibility of the bidder to examine lots in person, through an agent and/or by visiting and viewing the many photos available on LouisJDianni.com or on LiveAuctioneers.com on each
item being offered for sale. Any condition report given, as a courtesy to
a client, is only an opinion and should not be treated as a statement of
fact. All counts, weights and measurements are approximate. The Auctioneer shall bear no responsibility for any error or omission.
PREVIEW - Friday, February 12, 2010 2:00m-8:00pm EST and the morning of the auction from 9:00am until 11:00am EST. Also visit LouisJDianni.com or LiveAuctioneers.com for plentiful photos and details on each lot.
PICP-UP SCHEDULE - Successful bidders may pick up their item(s) within
three (3) business days following the auction, provided item(s) are paid for
in full in advance or can be paid for upon pick up in the guaranteed fashion
discussed under payment methods. Under no circumstances will items be
released without secure payment in full. Actual pick up will be with Louis J. Dianni in Sunrise, FL 33351, approx 15 miles West of Ft. Lauderdale.
PACKING, SHIPPING & INSURANCE - The Buyer is responsible for the shipment
of all purchased property. As a convenience to the Buyer, we will, if
requested, package either in-house or at an out-of-house packer/carrier of your choice, completely at your expense. In all cases, the item shipped must be fully insured. We are not responsible for any damage or loss that occurs
while your objects are in anotherâ€™s care. If a loss of damage should
occur during shipment, it is incumbent upon the Buyer to file for recovery of any loss incurred. We will also not be responsible for any damage or loss
that occurs if you choose a shipping method that we have advised against and we will require a waiver from you acknowledging this. Louis J. Dianni
will not be held responsible for choosing a shipper in the event of any act
and/or omissions in packing. All international customs, duties and other
tariffs are the responsibility of the Buyer. Note: Shipping and Insurance
charges are a separate charge from your auction purchase charge and the credit card on file will be used for packing, shipping & insurance unless you have advised otherwise at point of sale.
BUYER DEFAULT - If any of the Terms of Sale are not fully complied with by
the Buyer, The Buyer will be in default without the need of notice by the
Auction House. The Buyer shall be liable to the Auction House and the
Consignor for the total purchase price, including all premiums, charges, and
expenses specified in the Terms of Sale. Interest shall accrue at the rate
of 18% per annum commencing with the date of the auction. In addition to
other remedies available to the Auction House by law, the Auction House may, at its option, a)cancel the sale of the lot(s) on which the buyer defaulted and any other lots sold to the defaulting Buyer at the same or any other Auction(s) and retain as liquidated damages all payments made by the Buyer, b) resell the purchased property, whether at public auction or private
sale, or c) pursue any combination of a) and b) above. In the event of
default, the Buyer will be responsible to the Auction House and the Consignor for any deficiency, any and all costs and expenses, including reasonable attorneysâ€™ fee, collection fees and expenses, late charges and other damages. The Auction House may, at its discretion, apply any proceeds of the sale otherwise due to the Buyer or monies of the Buyer in the Auction Houseâ€™s possession to reduce or satisfy the Buyerâ€™s obligation.
AUCTIONEER'S DETERMINATION FINAL - A lot will be sold to the highest
bidder as determined in the sole and exclusive judgment of the auctioneer and/or Louis J. Dianni. The auctioneer will also have the sole and exclusive power and authority to a) resolve any disputes between bidders, b) determine whether to pass or re-offer a lot for sale, c) reject or challenge any bid or advance in the bidding, d) exclude any bidder from the sale and e) otherwise regulate the bidders, the bidding and its increments.
WITHDRAWAL OF PROPERTY FROM SALE - Louis J. Dianni reserves the right to
withdraw property from the sale for any reason and with no liability
whatsoever for such withdrawal.
RESCISSION OF PROPERTY - In the event that Louis J. Dianni receives notice
of an adverse claim with respect to purchased property, he shall have the
right (but not the obligation), in his sole and absolute discretion, to
rescind the sale to the Buyer, upon written or email notice to the Buyer. Upon such notice, the Buyer will promptly return the purchased property to Louis J.Dianni in the same condition as when purchased. The purchase price will then be promptly refunded to the Buyer, including Buyerâ€™s premium and applicable taxes paid. Buyer will have no further recourse against Louis J. Dianni, the Auctioneer, LiveAuctioneers or the Consignor, nor shall they be liable for any damages of any nature suffered by the Buyer.
SEVERABILITY & WAIVER - If any provision or portion of these Terms & Conditions of Sale shall be deemed unlawful, void, or unenforceable under applicable law, that provision or portion shall be stricken and severed from the remaining provisions, which shall remain in full force and effect. Failure to enforce any of the provisions in the Terms & Conditions of Sale shall not be deemed a waiver of the right to enforce any other provisions of these Terms & Conditions of Sale.
NO ASSIGNMENT - Unless Louis J. Dianni consents in writing, buyers may not assign their rights or any other of their obligations related to an
auction or other sale by Louis J. Dianni.
NO MODIFICATIONS - These Terms & Conditions of Sale may not be changed unless Louis J. Dianni and the Buyer have agreed to do so in a written agreement signed by both parties, or in an electronic agreement via email.
Endangered Species & CITES Permits (Convention on International Trade in
Endangered Species) - The export of a lot from the United States or import
into certain countries may be subject to export and import regulations,
licensure and/or other restrictions; in particular, lots containing animal
material such as ivory, rhinoceros horn, tortoise shell, coral or whalebone may
require the granting of one or more export or import licenses or may be
banned from import altogether by some countries. Lots that contain these
aforementioned materials may also not be eligible for exportation if they are
not over one hundred years of age. It is the buyer's responsibility to
investigate any such restrictions and to obtain any relevant export or import
licenses. Please note that this process is governed by local authorities and
may take considerable time. Regardless of any delay in the obtaining of an
export or import license or denial of a license's issuance, purchased lots
shall be paid for in accordance with the Conditions of Sale, and any such
delay or denial shall not serve as the basis for cancellation of any sale.
Prospective buyers are advised to obtain information from the relevant
regulatory authorities regarding export and import restrictions, requirements,
and costs prior to bidding. There is no assurance that any necessary licenses
can be obtained.