Naval History Auction

LOUIS J. DIANNI - ON-LINE AUCTION TERMS & CONDITIONS The Terms & Conditions set forth pertain to you (The Buyer) bidding at the on-line Auction entitled Naval History Auction with Louis J. Dianni & LiveAuctioneers.com (the Auctioneer) to be held on line Saturday, SEPTEMBER 12, 2009 - 12:15PM EST, 9:15 AM PST @ _www.LiveAuctioneers.com_ (http://www.LiveAuctioneers.com) Bidder Registration - In order to begin the process of bidding in this auction, please visit the _www.LiveAuctioneers.com_ (http://www.LiveAuctioneers.com) site, the site you are currently on. Here you will be required to 1) Create an Account and Profile, which asks for your name, address, phone and 2) Apply for and receive bidder approval from Louis J. Dianni, after providing a credit card in your name and any other financial data that may help complete your bidding method. Clear, easy to follow instructions are provided. Keep in mind, in order to be approved in time for bidding, you must submit your information no later than Friday, Sept, 11, 2009 9AM EST. If you have been approved to bid by Louis J. Dianni, you will be notified via email and you will also see the approval on your Profile on the site you are currently on. Live Auctioneers merely facilitates on-line auctions for auction houses and under no circumstances manage bidder approval. Note: It is strongly suggested that you avail yourself of the FAQ’s (Frequently Asked Questions) section of the LiveAuctioneers.com site. The FAQ’s will answer all your questions and explain clearly how to register, sign up, bid, etc. They even offer Bidder Support on line by email if you have further questions about the procedures in bidding live on-line. It’s not complicated, and it is the way of the future for auction bidding. 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 Auctioneers makes no warranty of titled, 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, nor deemed to have made any representation or warranty of description, genuineness, attribution, provenance or condition of the property and no statement by anyone or in the catalogue, in any advertisement, or which is made at the same, 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. The Auction House retains all rights to copyright or other intellectual property contained in this auction. Buyer’s Premium - A 17.5% Buyer’s Premium will be added to the hammer price of each lot sold in the auction, with a 2.5% discount offered if payment is made by the methods listed below, other than credit cards. Buyers are required to pay sales tax on the total sales price, including the Buyer’s premium, and the sales tax on the packaging of items to be shipped. All purchases are subject to the New York State Sales Tax of 8 1/8% (8.125) unless the Purchaser possesses a Tax Exemption Number for NYS or an out-of-state tax number, accompanied by a business card and letterhead. NYS form ST-120 must be completed and kept on file. Payment Methods - On the close of the sale of an item(s), title to the property immediately transfers to the successful bidder, who in turn, becomes the buyer of the property. The Buyer assumes full risk and responsibility for the purchased property, inluding all costs and expenses of handling, shipping, insurance, taxes, export and otherwise, and is liable for the full purchase price, plus the buyer’s premium, applicable taxes, and any other associated expenses. The purchaser is legally responsible for payment, Payment must be made, either on the day of purchase or within (5) five business days, in this instance received by Monday, SEPT. 21. Payments are accepted at the discounted rate of 15% in cash (In House Only), Bank Wire Transfers ($15.00 Bank Service charge applies), and by personal check if preceeded by your bank’s ‘ Letter of Guarantee’, submitted to the auction house in advance, stipulating the specified amount will be guaranteed. Payments by MasterCard or Visa, are offered to USA buyers at the regular Buyer’s Premium of 17.5%, and is limited to a maximum of $5000 per auction with balances over that amount to be paid in cash or certified funds (NO EXCEPTIONS). The Auction House reserves the right to hold property until checks clear. When paying by check, checks must be dated and bankable on the day of purchase. CHECKS WILL NOT BE HELD FOR ANY PERIOD OF TIME. A $25 fee will be added for returned checks. First time buyers must pay by cash (In House Only), guaranteed funds (bank transfer) or credit card. 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. PLEASE NOTE: Non-USA Buyers are required to pay for their purchases by BANK TRANSFER only. No credit cards, checks or any other method will be accepted. Note: You will know exactly what you owe at the end of the auction, less any shipping, handling and insurance charges that apply, and those shipping charges will be paid separately. The hammer price plus the Buyer’s premium = what you owe. Don’t wait for an invoice, they will be emailed out the following week. Make your payment immediately to receive your item(s) and avoid a long delay in shipping and receiving. It’s a first-paid, first-served basis. The sooner you pay, the sooner you receive your item(s). 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 this site, _www.LiveAuctioneers.com_ (http://www.LiveAuctioneers.com) . The site explains very clearly how to leave your bid and how they will execute your bid. Absentee bids need to be requested by no later than 24 hours before the start of the sale, in this case by Friday, Sept, 11, 2009, 12:14PM (EST). Phone Bidding - A limited number of phone lines will be available on a first-come, first-served basis. Please reserve no later than WED., SEPT. 9, 2009. We cannot guarantee anyone a phone line, we can only do our best to accommodate you, if for some reason, you cannot bid live on-line. Please call to set up a phone line request (914)474-7710. Do not fax any phone line requests. If you are unsure of where you or your agent will be during the sale, we recommend Absentee Bidding through _www.LiveAuctioneers.com_ (http://www.LiveAuctioneers.com) . Conditions Reports - Detailed conditions reports are not offered by 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 this site on each item being offered for sale. Any condition report given, as a courtesy to a client, 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. Pick-Up Schedule - Successful bidders may pick up their item(s) on the three (3) business days following the auction, provided item(s) are paid for in full in advance or can be paid for upon pick up in the guaranteed fashion discussed under payment methods. Under no circumstances will items be released without secure payment in full. Monday, Sept. 14, Tuesday, Sept. 15 and Wednesday, Sept. 16, 2009 between the hours of 10:00AM and 3:30PM(EST). Absolute Auction Center, 45 South Ave., Pleasant Valley, NY 12569 Phone: 914-474-7710, Call us 24 hours in advance to advise of pick up on the designated days. See directions below. IMPORTANT NOTE - The Absolute Auction Center is a facility for PICK UP only. The auction you are participating in is an on-line, live internet auction, and does not take place at this facility, nor will any of the items be in that facility prior to your notification that you wish to pick up there on the dates specified. Avoid disappointment and wasting your time and gas, be sure to call ahead and let us know you are coming. Call the day before you are coming and we will be sure your item is there for you. The Absolute Auction Center is located 90 miles north of Manhattan, approximately halfway between New York City and Albany. The closest large city to Pleasant Valley is Poughkeepsie, which is within 15-20 minutes from the Absolute Auction Center. Directions: From the west via the NYS Thruway: Take Exit 18 for New Paltz. Go through the tollbooth. At the traffic light, make a right onto Rt. 299. Follow it to the end. Make a right on to Rt. 9W South. Follow it to signs for the Mid- Hudson Bridge (Rt. 44-55 East). Follow Rt. 44-55 East through the City of Poughkeepsie. At the split of 44-55, follow Rt. 44 and continue until you pass through the Village of Pleasant Valley. As you are leaving the village, there is a bridge with a traffic light at South Ave. (County Rt. 47). Make a right at the light on to South Ave. The Absolute Auction Center is at 45 South Ave., the yellow building on the right about .25 mile from the traffic light. From the east via the Taconic State Parkway: Note that commercial vehicles are not permitted on the Taconic State Parkway. Take the exit for Rt. 44 to Poughkeepsie/Millbrook. Bear left down the exit ramp and turn left onto Rt. 44 West, heading towards Poughkeepsie. Follow Rt. 44 for 3.5 miles to a traffic light at South Ave. (County Rt. 47). Make a left at the light on to South Ave. The Absolute Auction Center is at 45 South Ave., the yellow building on the right about .25 mile from the traffic light. Packing, Shipping, Insurance - The Buyer is responsible for the shipment of all purchased property. As a convenience to the Buyer, we will, if requested, package either in-house or at an out-of-house packer/carrier of your choice, completely at your expense. In all cases, the item shipped must be fully insured. We are not responsible for any damage or loss that occurs while your objects are in another’s care. If a loss of damage should occuer during shipment, it is incumbent upon the Buyer to file for recovery of an y loss incurred. We 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 waiver from you acknowledging this. Louis J. Dianni 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. Note: Shipping and Insurance charges are a separate charge from your auction purchase charge. 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 of 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 attorneys’ 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 (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 - Louis J. Dianni reserves the right to withdraw property from the sale for any reason and with no liability whatsoever for such withdrawal. Recission of Property - In the event that Louis J. Dianni 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 notice to the Buyer. Upon such notice, the Buyer will promptly return the purchased property to Louis J. Dianni 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, LiveAuctioneers.com or the Consignor, and Louis J. Dianni and the Consignor shall not be liable for any damages of any nature suffered by the Buyer. Severability and Waiver - If any provision or portion of these Terms 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 of Sale shall not be deemed a waiver of the right to enforce any other provisions of these Terms 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 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.

NYS 8.25% Sales Taxes Apply

Live On-Line, Phone, Left Bids

17.5% Credit Card Payments 2.5% Discount for Cash or Approved Check No Additional Premium for Bidding on Line

On the close of the sale of an item(s), title to the property immediately transfers to the successful bidder, who in turn, becomes the buyer of the property. The 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 the buyers premium, applicable taxes, and any other associated expenses. The purchaser is legally responsible for payment, Payment must be made, either on the day of purchase or within (5) five business days, in this instance received by Monday, SEPT. 21. Payments are accepted at the discounted rate of 15% in cash (In House Only), Bank Wire Transfers (15.00 Bank Service charge applies), and by personal check if preceded by your banks Letter of Guarantee, submitted to the auction house in advance, stipulating the specified amount will be guaranteed. Payments by MasterCard or Visa, are offered to USA buyers at the regular Buyers Premium of 17.5%, and is limited to a maximum of 5000 per auction with balances over that amount to be paid in cash or certified funds (NO EXCEPTIONS). The Auction House reserves the right to hold property until checks clear. When paying by check, checks must be dated and bankable on the day of purchase. bCHECKS WILL NOT BE HELD FOR ANY PERIOD OF TIME.b A 25 fee will be added for returned checks. First time buyers must pay by cash (In House Only), guaranteed funds (bank transfer) or credit card. 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. brbrbPLEASE NOTE: Non-USA Buyers are required to pay for their purchases by BANK TRANSFER only. No credit cards, checks or any other method will be accepted.b