The Terms & Conditions set forth pertain to you (The Buyer/Bidder) bidding at Auction, managed by Louis J. Dianni, LLC, Auctioneer beginning @ 12-Noon, EST on FRIDAY, FEBRUARY 18, 2011 (& day #2 on Saturday, February 19) @ the airport Hilton Hotel, 150 Australian Ave., West Palm Beach, Florida in the Conference Center. Registration to bid denotes full acceptance of the following terms and are offered, in writing, to each registrant at check in.
All property is sold "As Is." The Consignor makes no warranties or representations of any kind with respect to any property offered for sale. The Auctioneer makes no warranty of title, 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, statements in the catalogue, in any advertisement, 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 theirright 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% Buyer's Premium will be added to the hammer price of each lot sold in the auction, with a 2.5% discount offered if payment is made by the methods listed below, other than credit cards. Buyers are required to pay sales tax on the total sales price, including the Buyer's Premium, and the sales tax on the packaging of items to be shipped. All purchases are subject to the Palm Beach County, FL Sales Tax of 6.50% unless the Purchaser possesses & submits at point of sale a valid Florida Resale Certificate for Sales Tax in the purchaser's name or business name.
PAYMENT METHODS - An the close of the sale of an item, 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 buyer'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 ($20.00 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 Buyer'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 $30.00 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 cleared.
ABSENTEE BIDDING - You may leave an absentee bid with us by emailing Janet at Ljdmarine1@aol.com & requesting a BIDDER REGISTRATION 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) We cannot accept absentee bids without a completed registration form from you.
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 www.LiveAuctioneers.com. We cannot accept phone bids without a completed registration form from you.
CONDITION REPORTS - Detailed condition reports are not offered by the auctioneer Louis J. Dianni, LiveAuctioneers, 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 potential bidder, 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 - Thursday, February 17, 2011 - 2:00pm-9:00pm EST, and Friday, February 18th 9:00am-Noon, EST. Saturday, February 19th 9am-Noon EST. Also visit LouisJDianni.com for plentiful photos and details on each lot.
PICK-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, approx one hour south of the West Palm Beach auction site.
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 our 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 another'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. Non-USA buyers must pay for shipping separately from their purchase payment, and both must be paid for via bank wire transfer ($20.00 per).
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 odefault, the Buyer will be responsible to the Auction House and the Consignor for any deficiency, any and all costs and expenses, including reasonable attorney's 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 House's possession to reduce or satisfy the Buyer'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 Buyer'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.