TERMS & CONDITIONS
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 @ 12:00pm, EST each day 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 - To bid on this on-line bidding site, please register here on this web site. You will be asked to fill out a short profile and your information will be sent on to LJD for approval. The bidding portal merely facilitates on-line auctions for auction houses and under no circumstances manages bidder approval.
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 that carry a high pre-sale estimate of less than $500. Only register on our site if you are absentee or phone bidding. If you are only bidding on this site, there is no need to register separately on our web site.
All property is sold by LJD, 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, dimensions, weight 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 - see further details below this chart:
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 non-USA credit card: 22.5%
*Live bid @ auction, pay by cash, check, bank wire
Phone Bid - Pay by Cash, Check or Bank Wire 21.5%
Phone Bid - Pay by USA Visa or Master Card 24.5%
Phone Bid - Pay by non-USA Visa or Master Card 25.5%
*Live Bid @ auction includes bids executed by you, live in the audience or successful absentee bids that were submitted to our website, louisjdianni (.com). It does not include phone bidders, or Absentee Bids left on bidding portals.
Sales Tax - buyers are required to pay NY & Putnam County combined Sales Tax of 8.375% 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 New York. 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. Checks must clear before merchandise is released, and 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, on our secure website louisJDianni (.com) 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.
Beginning on the 21st day after the auction, ONLY Cash, Credit Card or Bank Wire Transfers will be accepted. We can no longer wait for checks.
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 in one of two ways: 1) Visit our web site 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 2) you may leave an absentee bid on this bidding portal site. Regardless of how you choose to register to bid, after you have been approved to bid by LJD, your absentee bid will be accepted & executed by LJD. (Please see bidder registration section for more details) 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, using the high end of the pre-sale estimate assigned in the catalog for the particular item. 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, LJD, the bidding portal, 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) 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. It is incumbent upon the Buyer to satisfy his questions and concerns by inspecting in person, or through your agent.
Preview - Friday, August 7, 2015, 3pm-7pm; and 9:00am to 12:00pm EST on Sat., August 8 & Sun., August 9 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 Hopewell Junction, NY 12533, any day Mon-Fri. 10-4:00pm EST up and until the items are packed for transport to the auction site. Call ahead for an appointment and address. We will not be supplying additional images to the images that appear on our site.
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 Hopewell Junction, NY 12533, approx. 60 miles north of mid-town Manhattan, 50 miles south of Albany, 50 miles west of Hartford, CT & approx 60 NE of NY/PA border & situated within 1 mile mile of the intersection of I-84 and the Taconic State Parkway. Note: LJD is closed Mon., August 11 and Tues, August 12, reopening Wed., August 13 at 11am, EST for phone service only. Absolutely no pickups at our Hopewell Junction NY 12533 warehouse/office before Monday, August 17. From Monday, August 17 through August 31, pickups can be made Monday through Friday, 10-4:30pmEST. (Please Note: full payment must be received within 7 days of emailed invoice, regardless of where you are picking up or having shipped) On September 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 warehouse in the time specified herein. As a courtesy and convenience to the Buyer we will, if requested, package either in-house or at an out-of-house, local packer/carrier of our choice, completely at the Buyer's expense. We reserve the right to refuse packaging, shipping and/or trucking any sold items. LJD is not responsible for any damage or loss that occurs while your objects are in another's care. If loss or damage should occur during shipment, it is incumbent upon the Buyer to file for recovery. Please note: we use U.S.P.S. for international shipments and do NOT offer insurance on those shipments. It is the Buyer's responsibility to purchase any insurance wanted. If the international Buyer wishes to use a different carrier, i.e. Fedex, he must make those arrangements with us and arrange any insurance for same. LJD will also not be responsible for any damage or loss that occurs if you choose a shipping method that we have advised against. LJD 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. An invoice will be included inside your package when shipped by us. 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 unless you have advised otherwise at the point of sale. In the event of damaged or returned delivery, packaging and shipping charges will not be refunded, under any circumstances.
NOTE: In-house packing incurs a MINIMUM HANDLING CHARGE of $25.00USD for each shipment packaged in-house, regardless of the Buyer's choice to utilize his own carrier account or to have it picked up by his own agent after it has already been packaged. Once you have chosen us to take care of your packing and shipping, you are responsible for the minimum $25. per box charge regardless of your choice of a different method of delivery/pickup after the fact. This is applicable to item(s) being shipped to any location.
TRUCKING OVER-SIZED PURCHASES - We offer trucking service within the U.S. and can be arranged by emailing Jim Moore, Shipping Manager @ Shipping@LouisJDianni (.com) or phoning 914-595-7013 and choosing the prompt for Shipping. We reserve the right to refuse to make arrangements for your item(s) for whatever reason, but usually due to the remoteness of the delivery address, poor weather conditions or your need to receive the item(s) earlier than we can arrange delivery. PLEASE NOTE: We do NOT insure over-sized items that are transported by delivery vehicle. Once they leave our facility, our responsibility ends. If you require insurance, you need to arrange the shipping and insurance. Please keep this in mind during your bidding decision making. It is always the responsibility of the bidder to acquire the item(s) he has purchased.
Firearms Notice - Any pistols or rifles manufactured after December 31, 1898 (contemporary)will need to be transferred to a Federal Firearms Licensed (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 is 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 be an FFL holder. 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 Hopewell Junction, NY 12533 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 LJ 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 LJD, the auctioneer, the bidding portal 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 LJD consents in writing, Buyers may not assign their rights or any other of their obligations related to an auction or other sale by LJD.
No Modifications - These terms & conditions of sale may not be changed unless LJD 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. A copy of your invoice is always included within the package.
Note: registration to bid constitutes acceptance of these terms & conditions of sale
