Terms and 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-Noon, EST. on Saturday, Feb. 16th, Sunday, Feb. 17th, and Monday, Feb. 18th live at the Palm Beach Hilton, 150 Australian Ave., West Palm Beach, FL 33406 and simultaneously, live on line. Louis J. Dianni & Louis J. Dianni, LLC & company is recognized in this contract as the auctioneer, the agent, the seller and LJD.
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 on bidding on line, please complete the registration on this site. You will be asked to fill out a short profile and your information will be sent on to Louis J. Dianni for approval. ArtFact merely facilitates on-line auctions for auction houses and under no circumstances manages bidder approval.
You will be asked by LJD for valid Mastercard or VISA credit card information in the bidder's name, and any other information deemed necessary to approve your bidding privileges. Once approved to bid on ArtFact, you will receive an email stating so. On line , or with LJD, you may leave an Absentee Bid if you cannot bid live on auction day.
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 catalogue, 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 -
Bid & Won By Payment Method Premium
Internet Bidding USA Credit Card 21.5%
Internet Bidding Int'l Credit Card 22.5%
Internet Bidding Cash, Check, Bank Wire 18.0%
Live@auction Cash or Check 15.0%
Live@auction/phone Cash or Check 15.0%
Live@auction USA Credit Card 18.5%
Live@auction Int'l Credit Card 19.5%
A 21.5% Buyer Premium will be added to the hammer price of each lot sold in the auction, with a 3.5% discount offered if payment is made by the methods listed below, other than credit cards or debit cards. Buyers are required to pay the Florida Palm Beach County sales tax of 6.0% on the total sales price, including the Buyer Premium, and the sales tax on the packaging of items to be shipped. 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. In the latter case, a Tangible Personal Property For Resale By A Non-Resident (of Florida) Dealer will need to be signed by the Buyer, and adequate evidence of authority to do business in the Buyers home state is required by Florida Law. 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. Our premium schedule allows a 3.0 % discount if bidding live (in audience, on phone or absentee bid) with us, rather than on an internet platform for which we are charged an additional 3%. (See list below)
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 February 26. 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. Payments are accepted at the discounted rate of 18% for cash, personal check (approved & allow 2 wks for clearance), or Bank Wire Transfers ($25.00USD bank service charge applies per bank involved in transfer, usually one). Payment by Master Card or Visa credit cards are offered to USA Buyers at the regular Buyer Premium of 21.5%,). Non-USA Buyer Premium is 22.5% if paying by Visa or Master Card credit card. Payments made by Bank Wire Transfer by both USA and non-USA Buyers are accepted at the 18% Buyers Premium via Bank Wire Transfer ($25.00USD bank service charge applies per bank involved in transfer, usually one). All Buyers paying by credit card are limited to a maximum of $5000.00USD per auction with balances over that amount to be paid in cash or bank wire transfer, absolutely 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.
Bid & Won By Payment Method Premium
Internet Bidding USA Credit Card 21.5%
Internet Bidding Int'l Credit Card 22.5%
Internet Bidding Cash, Check, Bank Wire 18.0%
Live@auction Cash or Check 15.0%
Live@auction/phone Cash or Check 15.0%
Live@auction USA Credit Card 18.5%
Live@auction Int'l Credit Card 19.5%
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. 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 him. (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 - 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 this site. 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, 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 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. 15, 2pm-7pm; and 9:00am to Noon EST on Sat., Feb. 16, Sun., Feb. 17 and Mon., Feb. 18 at the auction site, the Palm Beach Hilton, 150 Australian Ave., West Palm Beach, FL 33406. Also visit LouisJDianni.com for plentiful photos and details on each lot.
PICK-UP SCHEDULE - - Off-site pickup is at LJD office & warehouse, both in Sunrise, Florida, approx. 50 miles south of Palm Beach and 25 miles north of Miami. NOTE: LJD is closed Tues., Feb. 19, Wed., Feb. 20, & Thurs., Feb. 21 re-opening Friday, Feb., 22 at 10:00am. Absolutely no pickups before MONDAY, FEB. 25TH Call for an appointment. From FEB 25TH through MARCH 11TH, pickups can be made from 10AM-5PM EST with prior arrangement; call Janet 954-895-8727. (Please note: full payment must be received within 7 days of auction close, by February 26th) After March 11, stored items will incur storage and insurance charges 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 will, if requested, package either in-house or at an out-of-house, local packer/carrier of our choice, completely at the Buyers expense. In all cases the item(s) shipped must be fully insured. LJD is not responsible for any damage or loss that occurs while your objects are in anothers care. If loss or damage should occur during shipment, it is incumbent upon the Buyer to file for recovery. LJD 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 written waiver from you acknowledging this. 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. 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 Buyer 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.
FIREARMS NOTICE - Any pistols or rifles manufactured after December 31, 1898 will need to be transferred to a Federal License Firearms 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 licensed dealer yourself. You will also be expected to pay for the shipment to the FFL holder from our warehouse.
If you are acquiring the weapon from our warehouse in Sunrise, Florida then our agent will make the transfer for you for $35.00 which will include a background check etc.
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 on-line platforms 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.
NOTE: Registration to Bid Constitutes Acceptance of These Terms & Conditions of Sale
