LOUIS J. DIANNI, LLC – *AUCTION TERMS & CONDITIONS

The Terms & Conditions set forth pertain to you (The Buyer/Bidder) bidding at any/all auctions, managed by  Louis J. Dianni, LLC, Auctioneer, (LJD), AU-4180, AB-2954

Louis J. Dianni and Louis J. Dianni, LLC and company is recognized in this contract as the Auctioneer, the Agent, the Seller and LJD.

 

BIDDER REGISTRATION – (See ‘Register To Bid’)  In order to begin the process of  bidding, whether in person, on the phone, absentee/left  bidding or on the internet, you must register in advance and be approved by us.   (See ‘Register To Bid’)   No bids whatsoever will be accepted without a completed registration application.

 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, dimensions, weights 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 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.

 

Phone Bidders:

Important Note on Phone Bidding –We do not reserve phone lines for bidding on any items pre-estimated at less than a high estimate of $500.00.  You may reserve a phone line for your Lot(s).  A staff member will phone you at the time your Lot is up for auction, and you will bid on the phone in real time.  A limited number of phone lines will be available on a first-come, first-served basis.  Please reserve a phone line 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 instead.

 

BUYER’S PREMIUM:

 

Online Bidders
• *Visa or *MasterCard (USA only) - 24.5%

• International payments limited to **Bank Wire Transfer Only - 21.5%

• USA Bank Payments - Cash, Check, or **Bank-Wire - 21.5%

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Absentee Bid
• *Visa or *MasterCard (USA only) - 21.5%

• International payments limited to **Bank Wire Transfer ONLY  - 18%

• Cash, Check, or **Bank-Wire - 18%

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Phone Bid
• *Visa or *MasterCard (USA only) - 24.5%

• International Payments limited to **Bank Wire Transfer ONLY - 21.5%

• USA Payments by Cash, Check, or **Bank-Wire - 21.5%

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Live (physically in the audience at the event) Bidding
• *Visa or *MasterCard (USA only) - 21.5%

• International Payments limited to Bank Wire Transfer ONLY - 18%

• USA Payments - Cash, Check, or **Bank-Wire - 18%

* Credit Card Payments Limited to $5000USD. 
**Bank Wire incurs $25.00 bank fee

 

PAYMENT METHODS - Cash, Bank Wire Transfer, Personal, Cashiers or Certified Bank Checks (allow 2 weeks clearance for all checks), Master Card or Visa Credit Cards.   Note: We DO NOT ACCEPT PayPal, Amex, Discover, or any other method other than Visa or MasterCard.   Payments drawn on a non-USA bank and/or being shipped to a non-USA location must pay by Bank Wire Transfer.  That includes ANY location that is non-USA.  An additional $25.00 transfer fee applies.   There are no exceptions to this payment requirement, regardless of what payment methods have been accepted by us in the past.  

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’s 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 be dated and bankable on the day of purchase, they will not be held for any period of time and must clear through our bank before merchandise is released.   A $30.00USD fee will be added for returned checks.  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.  If you pay for your purchases and/or shipping by Credit Card, you are not allowed to chargeback for any reason whatsoever.

Beginning on the 21st day after the auction, ONLY  bank wire transfer or USA bank credit cards 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.

SALES TAX - Buyers are required to pay the associated State & County sales tax on  the total sales price, including the Buyer’s 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 the state in which the auction is held.   In the latter case,  a ‘Tangible Personal Property For Resale By A Non-Resident (of  auction state) Dealer’ will need to be signed by the Buyer, and adequate evidence of authority to do business in the Buyer’s  home state is required .  LJD will not refund any sales tax once collected.

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 in the catalog 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.  Clocks, watches, barometers, wind-ups items and other powered items are not guaranteed working.  If we see that they are working, we will add the statement "working at the time of cataloging."  There is no guarantee it will be working after cataloging.  The Auctioneer shall bear no responsibility for any error or omission.

PREVIEW -  Time to physically view the items offered for sale is offered the day before the auction and each morning of the sale.  In addition, with an appointment, a private viewing outside the normal hours offered can be arranged.    

PICK-UP SCHEDULE –Items fully paid for by cash, Visa or Mastercard may be removed from the auction on the day of the sale.  Off-site pickup is available for most items, but not all, at our warehouse, approximately 25 miles from the auction, beginning the first Friday after the close of the auction and continuing Monday-Friday, 10:00am-5:00pm for two (2) weeks after  close of the auction.  Some select items may not be at our warehouse, so before planning on picking up any winning lot, be sure you find out before bidding if the item will be available within 25 miles or so or if you wold need to have it shipped.  Stored items,  after that two week  time period,  will incur storage of $5.00 per lot, per day and insurance charges, unless prior arrangements have been made for this deviation.  Forty Five (45) days post auction, if merchandise and/or Shipping invoices remain unpaid, you forfeit ownership.  The merchandise becomes the property of the auction house, with no refund due to the buyer.   

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 or 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 FOR 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 shipping yourself.   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 – This auction house DOES NOT hold an FFL, and therefore cannot transfer certain firearms to you directly.  Pistols or rifles manufactured after December 31, 1898 will need to be transferred to a Federally Licensed Firearms dealer in your area to complete the paperwork before he/she releases it to you.  You will need to make arrangements for the paperwork, background check, transfer to you and pay the licensed dealer yourself whatever their fee is for this transfer service.   

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. 

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, bone, 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.

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) remove any lot pre, post or during the auction e) exclude any bidder from the sale and f) otherwise regulate the bidders, the bidding and its increments.   Occasionally there are clerking errors--strictly human error--the auctioneer again makes the final call as to which bidder he is accepting the bid from.  Those bidding on internet platforms may erroneously receive an email from the platform they were bidding on advising them they are the winner of an item, and in fact it may be an error, as stated previously.  LJD assumes no responsibility for human error, though  endeavors to insure accuracy in every aspect of the sale.  

WITHDRAWAL OF PROPERTY FROM SALE – LJD  reserves the right to withdraw property from the sale for any reason, at any time,  and with no liability whatsoever for such withdrawal.  This includes pre, post and during a sale.

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, 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.

NOTE:  Registration to Bid Constitutes Acceptance of These Terms & Conditions of Sale