Auction Terms & Conditions
Louis J. Dianni, LLC Auctions - TERMS 6th Annual Palm Beach Auction (PB15)
The Terms & Conditions set forth pertain to you (The Buyer/Bidder) bidding at Auction, managed by Louis J. Dianni, LLC, Auctioneer, (LJD), AU-4180, AB-2954 beginning @ 11:00AM, EST each day at the Hilton Hotel & Conference Center, 150 Australian Ave., West Palm Beach, FL 33406 and simultaneously, live on multiple internet bidding portals. Louis J. Dianni & Louis J. Dianni, LLC & company is recognized in this contract as the auctioneer, the agent, the seller and LJD.
REGISTER TO BID - You may Register to Bid on our website, LouisJDianni.com if you are not planning on attending the auction in person and would like to either leave an absentee bid, OR reserve a telephone line for live bidding. Please note, we do not reserve phone lines for any items valued at less than $500. IF you are planning on bidding on one of the live portals (LiveAuctioneers.com, Invaluable.com or BidSquare.com), than you need to register on their site, not ours. Our website is only for absentee or phone bids.
All property is sold by Louis J.Dianni, agent for the actual owner/consignor and is sold "As Is." No warranties or representations of any kind are made with respect to any property offered for sale. 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 is made. In no event shall the agent, seller or consignor 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 catalog, in any advertisement, in the bill of sale or invoice, or elsewhere, should 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. LJD retains all rights to copyright or other intellectual property contained in this auction.
BUYER'S PREMIUM -
On-Line bid, pay with USA Credit Card: 24.5%
On-Line bid, pay with International Credit Card: 25.5%
On-Line bid, pay by Cash, Check or Bank Wire: 21.5%
*Live Bid @ Auction, pay by USA credit card: 21.5%
*Live Bid @ Auction, pay by International card: 22.5%
*Live Bid @ Auction, pay by Cash, Check, Bank Wire:
*Bid Live @ Auction includes bids executed by phone or successful absentee bids that were submitted to our website, LouisJDianni.com.
SALES TAX - Buyers are required to pay Florida Sales Tax of 6.0% of the total sales price, including the Buyer Premium. The only exceptions are if a valid sales tax exemption certificate is supplied LJD prior to checkout or invoicing or if the item(s) are shipped to a State other than Florida. LJD will not refund any sales tax collected.
PAYMENT METHODS - Cash, Bank Wire Transfer, Personal Check (allow 2 week clearance), Master Card or Visa Credit Cards. At the close of the sale of any item(s), title to the property immediately transfers to the successful bidder, who in turn, becomes the owner of the property. 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 Buyer Premium and applicable taxes. Payment must be made either on the day of the auction or within (7) seven business days from the close of the auction, by Monday, Feb. 23. Checks must clear before merchandise is released, they must be dated and bankable on the day of purchase and they will not be held for any period of time. A $30.00USD fee will be added for returned checks. Personal checks and any type of bank checks: allow 2 wks for clearance. Bank Wire Transfers: $25.00USD bank service charge applies per bank involved in transfer. Payment by credit card is limited to: Master Card or Visa and is limited to a maximum of $5000.00USD per auction with balances over that amount to be paid in cash or bank wire transfer, no exceptions. 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.
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 to execute for you. Visit our web site, LouisJDianni.com and 'Register to Bid', leaving your absentee bid on the secure form. If you prefer, you can copy your completed form, print it and fax or scan to 888-371-4620 or email directly to Janet @ Ljdmarine01@gmail.com. We cannot accept absentee bids without a completed registration form from you. LJD assumes no liability for inability to execute your absentee bid.
PHONE BIDDING – We only reserve phone line for those items valued at $500 or above. 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 you are unsure of where you or your agent will be during the auction, we recommend leaving an Absentee Bid on our web site, LouisJDianni.com. We cannot accept phone bids without a completed registration form from you. LJD assumes no liability for inability to execute your phone bid.
CONDITION REPORTS - Detailed condition reports are not offered by the auctioneer Louis J. Dianni, 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 our website, www.LouisJDianni.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 - Friday, Feb. 13, 3pm-7pm; and 9:00am to 11am EST on Sat., Feb. 14 & Sun., Feb 15 at the auction site. Also visit our web site for plentiful photos and details on each lot. In addition to our scheduled preview times at the auction, if scheduling makes it impossible for you to visit during normal preview hours, we will accommodate you for a private viewing, at our gallery in Sunrise, FL 33351, any day Mon-Fri. 10-4:00PM EST up and until the items are packed for transport to the auction site. Simply call ahead for an appointment and address.
PICK-UP SCHEDULE - - Pick up for any items paid for at the auction by Cash or Credit Card can be removed from the auction by the purchaser. Checks of any kind must clear. Off-site pickup is at LJD office & warehouse, both in Sunrise, FL approx. 30 miles north of Miami, 50 miles South of Palm Beach, 15 miles west of Ft. Lauderdale, FL & approx 100 East of Naples, FL. & situated within 5 mils of the Sawgrass Expressway. NOTE: LJD is closed TUES., Feb. 17 and reopening Wed., Feb 18 at 11AM, EST for phone service only. Absolutely no pickups before Monday, Feb. 23. From Monday, Feb 23 through Friday September 5, pickups can be made Monday through Friday, 10-4:30pmEST. (Please note: full payment must be received within 7 days of auction close, by Feb. 23, regardless of where you are picking up or having shipped) On March 1, 2015, stored items will incur storage and insurance charges, per Lot, at the rate of $5.00USD per item, per day.
PACKING, SHIPPING & INSURANCE - The Buyer is responsible for the shipment of all purchased property that has not been collected at the auction or the office in the time specified herein. As a convenience to the Buyer, we offer in-house packaging and shipping service via Fedex Ground for USA and U.S.P.S. for International shipments. You may choose an outside shipper, and you will need to make arrangements for your items to be picked up by that provider of services or another agent you authorize. LJD is not responsible for any damage or loss that occurs while your objects are in an outside shippers care. If loss or damage should occur during shipment, and you have chosen an outside shipper, or instructed us to not insure your shipment, it is incumbent upon you to file for recovery. All international customs, duties and other tariffs are the responsibility of the Buyer. Shipping & Insurance charges are a separate charge from your auction purchase charge and the credit card on file will be used for packing, shipping and insurance unless you have advised otherwise at the point of sale. NOTE: In-house packing incurs a MINIMUM HANDLING CHARGE of $25.00USD for each shipment packaged in-house, regardless of the Buyers choice to utilize his own carrier account or to have it picked up by his own agent after it has already been packaged. This is applicable to item(s) being shipped to any location. No return postage or shipping fees are paid by LJD.
FIREARMS NOTICE - Any pistols or rifles manufactured after December 31, 1898 (contemporary) will need to be transferred to a Federal Firearms License (FFL) dealer in your area to complete the paperwork. You will need to make arrangements for the paperwork, background check and transfer to you and pay the FFL dealer yourself. You will also be expected to pay for the packing & shipment to the FFL holder from our warehouse. If a firearm is considered a contemporary piece the buyer to required to either be an FFL Dealer or choose an FFL Dealer in their home state to have this piece shipped to. Please choose an FFL dealer who does NOT require the sender (the auction house) to have an FFL. Please note: this auction house DOES NOT hold an FFL.
If you are acquiring the weapon in person at the auction or from our warehouse in Sunrise, FL after the sale, you MUST present and surrender an ORIGINAL FFL DEALER License in your name. No facsimiles. No exceptions.
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 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 - LJD reserves the right to withdraw property from the sale for any reason and with no liability whatsoever for such withdrawal. This includes before, during and after the auction.
RESCISSION OF PROPERTY - In the event that LJD 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 LJD 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, the live bidding portals 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 following is with regard to both inter-state and international transactions and transport. 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, inter-state transport requirements, and costs prior to bidding. There is no assurance that any necessary licenses can be obtained.
NOTE: Registration to Bid Constitutes Acceptance of These Terms & Conditions of Sale
Sebae Data Solutions, Inc.
SERVICE TERMS AND CONDITIONS
ACCEPTANCE OF TERMS
Sebae Data Solutions, (the makers of Auction Flex & HiBid (formerly Bidopia) hereafter referred to as "Sebae"), provides its service to you, subject to the following Terms & Conditions ("TAC"), which we may update from time to time without notice to you. The most current version of the TAC can be found found at any time by visiting the link: http://www.auctionflex.com/showtandc.ap
USE AND REGISTRATION
Our services are available only to, and may only be used by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to children (persons under the age of 18) or to temporarily or indefinitely suspended members. If you are under the age of 18, you can use this service only in conjunction with, and under the supervision of your parents or guardians. If you do not qualify, please do not use our service. If you are registering as a business entity, you represent that you have the authority to bind the entity to the TAC.
In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Bidder Information") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Sebae has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Sebae has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
DESCRIPTIONS OF SERVICE
Sebae provides the following services under the Auction Flex & HiBid trademarks: Integrated Web Service (for auctioneers), internet bidding (absentee, online-only, & webcast). You can learn more about these services in the following sections.
HIBID INTERNET AUCTION PLATFORM & WEB SERVICE DESCRIPTION
Sebae provides the HiBid (formerly Bidopia) Internet Auction Platform & Web Service ("HWS") under the HiBid trademark as a software solution for auctioneers wishing to extend the audience of their live auctions to the internet. The HWS provides various features including internet absentee bidding, internet-only auctions, and webcast auctions.
The HWS is able to changes its appearance to coincide with the website that it is powering. Accordingly, the HWS powers the www.hibid.com website as well as numerous Auction Flex customer websites. This ability to change appearance is a feature of the HWS. Much like internet merchant account providers can host a secure web page for a vendor to easily process payments, the HWS hosts certain portions of the auctioneer's website to easily enable advanced features such as internet bidding.
INTERNET ABSENTEE BIDDING
Internet absentee bidding allows you to place a bid for an item in advance of an auction. This allows you to place bids on lots without actually attending the auction.
Internet only bidding allows you to place a bid for an item prior to the auction lot closing online. In an internet-only auction there is no live auction.
Webcast auctions allow you to bid in real-time against other bidders or place pre-bids prior to a lot going "live".
Lots are sold in accordance with the Auctioneer's terms and conditions which are accessible from each lot's page. It is your responsibility to read and accept the Auctioneer's terms and conditions prior to placing your bid.
When you place a bid you are agreeing to be bound by the Auctioneer's & Sebae's terms and conditions. By placing a bid you are entering into a legally binding and enforceable contract. Please keep in mind that you are bidding against other internet bidders as well as floor bidders, phone bidders, and regular absentee bidders (this list does not constitute a complete list of bidder types but does highlight the common bidder channels).
The auctioneer, at their discretion, can approve or deny bidders. The auctioneer reserves the right to accept or deny bidders for any reason. Prior to approval the auctioneer may contact you to determine your credit worthiness. If the auctioneer approves your bid, the auctioneer will then process your bid in accordance with their terms and conditions.
Should your bid for a lot prove successful, the auctioneer may contact you to arrange for payment & shipping (if applicable). If the auctioneer required registration via a credit card, the auctioneer reserves the right to process your winning bids to the credit card provided during registration.
Sebae, through the Auction Flex & HiBid products & services, facilitates the internet bidding process between the Auctioneer & the bidder. Sebae is in no way a party to the transaction. Because Sebae is not a party to the transaction, you accept that you will have no claim or cause of action against Sebae in respect of the sale (or non-sale) of any Lot. If you have a dispute with an Auctioneer or another user of the Service with regard to the sale (or non-sale) of any Lot you agree that Sebae, its officers, agents, employees will not be liable for losses (including, but not limited to, loss of profits, special loss, indirect loss and consequential los), costs, damages, liabilities, claims, demands and expenses of any kind arising out of or connected with such dispute. You also accept that none of the aforementioned are under any obligation to take any action to resolve any dispute between you and an Auctioneer
Sebae is not responsible for any typographical, pictorial or technical errors in information about Lots on the Site as provided by Auctioneers. Sebae does not evaluate Lots and does not act as a specialist or expert on any related subject matter. Sebae makes no warranties or representation of any kind or nature with respect to Lots (including but not limited to representations or warranties as to the accuracy of description, genuineness, quality, authorship, attribution, provenance, period, culture, source, origin or safety). If you have any questions, e-mail the Auctioneer directly. In particular, make sure that you understand the Auctioneer's payment terms and shipping terms.
The Service requires you to login with your username and password prior to placing a bid on a Lot. Making bids with false information or with stolen credit card information is prohibited and illegal.
Your user name and password are required in order to place internet bids. Making bids in a false name or with an invalid or stolen credit card is prohibited. Each bid carries the computer coding of the Internet provider which allows the individual user to be traced and Sebae may at its discretion release this information to enable legal action to be taken. Sebae may, in its entire discretion, refuse or remove bids where it suspects that bids contravene this prohibition. By placing a bid, you are making a binding and irrevocable offer to purchase the Item at any price up to the maximum bid amount you submit. If you win, you must complete the transaction, subject to any contractual right or other right at law to rescind the contract in certain circumstances. Failure to complete transaction without lawful reason is not only a breach of your contract with the Seller but also a breach of this User Agreement.
The amount bid can be increased but cannot be decreased. The auctioneer may, at their discretion, allow you to withdraw and resubmit a bid in the case of bids containing an obvious typographical error. You may forward a request to withdraw a bid and resubmit a correct bid by immediately sending an email to the auctioneer, however, there is no guarantee that any bid will be withdrawn. Although Sebae will use best efforts to forward all bids, Sebae does not accept any responsibility for lost bids or problems with the recipient auctioneer's ability to process your bid. Moreover, Sebae cannot guarantee that bids received will be processed by the individual auctioneers.
Please note that Sebae's role is limited to the provision of the Site for dissemination and publication of information provided by the Sellers.
THE WINNING BID
The winning bid in an auction will be the highest bid that exceeds any reserve (if a reserve exists). In the case of equal bids, the earliest bid received will be the winning bid. If a higher bid is subsequently withdrawn or removed then the auctioneer shall have the right to accept the next highest bid.
NOTICE OF END OF SALE, PAYMENT & SHIPPING
After the sale has ended, the auctioneer will notify the winning bidder via phone, fax or mail that they have won. If you do not receive notice that you have made the winning bid and think that you are the top bidder, you should check with the auctioneer directly. You will make all payment for Items to the auctioneer in accordance with their terms and conditions.
BUYER'S PREMIUM, TAXES AND DUTIES
If you are a successful bidder, you are responsible for paying any buyer's premium, taxes and duties (including any VAT, sales tax and import duties) that may be imposed on the final price paid for an Item. Accordingly, it is your responsibility to check the applicable taxes and duties that may be imposed on an Item prior to bidding for it.
All material and content as provided by the Service is protected by copyright and similar rights. You can not use or make available any of that material for any commercial purpose.
SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
DISCLAIMER OF WARRANTIES
You expressly understand and agree that:
a. Your use of the service is at your sole risk. The service is provided on an "as is" and "as available" basis. Sebae expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
b. Sebae makes no warranty that (i) the service will meet your requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the software will be corrected.
c. Any material downloaded or otherwise obtained through the use of the service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
d. no advice or information, whether oral or written, obtained by you from Sebae or through or from the service shall create any warranty not expressly state in the TAC.
LIMITATION OF LIABILITY
You expressly understand and agree that Sebae shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Sebae has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to the service.
EXCLUSIONS AND LIMITATIONS
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations of of the previous two sections titled 'Disclaimer of Warranties' and 'Limitation of Liability' may not apply to you.
You agree to indemnify and hold Sebae harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your bidding on, listing, purchase, solicitation of offers to purchase, and sale of items.
The TAC constitute the entire agreement between you and Sebae and govern your use of the Service, superseding any prior agreements between you and Sebae. The TAC and the relationship between you and Sebae shall be governed by the laws of the State of Florida without regard to its conflict of law provisions. You and Sebae agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Marion, Florida. The failure of Sebae to exercise or enforce any right or provision of the TAC shall not constitute a waiver of such right or provision. If any provision of the TAC is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TAC remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TAC must be filed within one (1) year after such claim or cause of action arose or be forever barred.