TERMS & CONDITIONS
Louis J. Dianni, LLC - Auction Terms & Conditions - Remember you must
sign up for each of the three days of this auction if you are bidding in
each day.
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 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 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. 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, February 12, 2016, 3pm-7pm; and 9:00am to
11:00am EST on Sat., Feb. 13, Sun., Feb 14 and Monday 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 to and until the
items are packed for transport to the auction site. Call ahead for an
appointment and address, 561-232-3620. 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 Sunrise, FL 33351 approx. 30 miles north of Miami,
50 miles south of Palm Beach, 15 miles west of Ft Lauderdale & approx
100 E of Naples. Note: LJD is closed Tues., Feb. 16 and Wed., Feb. 17,
reopening Thurs., Feb. 18 at 11am, EST for phone service only.
Absolutely no pickups at our Sunrise, FL 33351 warehouse/office before
Monday, Feb. 22. For two weeks, from Monday, Mon., Feb. 22 through
March 14, pickups can be made Monday through Friday, 10-4:30pmEST.
With an appointment and a paid invoice. (Please Note: full payment
must be received within 7 days of emailed invoice, regardless of where
you are picking up or having shipped) On March 15, 2016, 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 561-232-3620 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 Sunrise, FL 33351 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 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
