Day 3 of 3 - Palm Beach Auction, 7th Annual

LOUIS J. DIANNI,LCC - AUCTION TERMS and 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 at the West Palm Beach Marriott, 1011 Okeechobee Blvd., West Palm Beach, FL 33401 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 their web site. You will be asked to fill out a short profile and your information will be sent on to Louis J. Dianni 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 valued at less than $500. Only register on our site if you are ABSENTEE or PHONE BIDDING. 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, 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 International card: 22.5% *Live Bid @ Auction, pay by Cash, Check, Bank Wire Absentee Bid left on our web site and paid by cash, check or bank wire Absentee Bid left on our web site and paid by USA Visa or Master Card: 21.5% Absentee Bid left on our web site and paid by non-USA Visa or Master Card: 22.5% *Bid Live @ Auction includes bids executed by absentee bids that were submitted to our website, LouisJDianni.com. SALES TAX - Buyers are required to pay Florida State 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, 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.co,(.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 sale, ONLY Cash, Credit Card or Bank Wire Transfer 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 email directly to Janet @ Ljdmarine01@gmail.com 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. 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 Louis J. Dianni, 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. PREVIEW - Friday, Feb. 12, 3pm-7pm; and 9:00am to 11am 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 and until the items are packed for transport to the auction site. Simply call ahead for an appointment and address. 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 approx. 30 miles north of Miami, 50 miles South of Palm Beach, 15 miles west of Ft. Lauderdale, FL and approx 100 East of Naples, FL. and situated within 5 miles of the Sawgrass Expressway. NOTE: LJD is closed TUES., Feb. 16 and reopening Wed., Feb 17 at 11AM, EST for phone service only. Absolutely no pickups at our Sunrise warehouse before Monday, Feb. 23. From Monday, Feb 22 through March 7, 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 March 14, 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 office in the time specified herein. As a convenience to the Buyer, we offer in-house packaging and shipping service via Fedex Ground for USA and U.S.P.S. for International shipments. You may choose an outside shipper, and you will need to make arrangements for your items to be picked up by that provider of services or another agent you authorize. 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, and you have chosen an outside shipper, or instructed us to not insure your shipment, it is incumbent upon you to file for recovery. 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 Buyers 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. Return postage always assumed by the Buyer. TRUCKING OVER-SIZED ITEMS ? We offer trucking service within the U.S. and can be arranged by emailing Jim Moore, Shipping Manager at 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 items for whatever reason, but usually due to the remoteness of the delivery address, poor weather conditions or your need to receive the items 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 premises, our responsibility ends. If you require insurance, you need to arrange shipping and insurance. Please keep this in mind during your bidding decision making. It is always the responsibility of the bidder to acquire the items he has purchased, regardless of whether we can accommodate his shipping-delivery request. FIREARMS NOTICE - Any pistols or rifles manufactured after December 31, 1898 (contemporary)will need to be transferred to a Federal Firearms License (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 to 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 have an FFL. 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 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 Louis J. Dianni, the Auctioneer, LiveAuctioneers 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 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 buyer 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. NOTE: Registration to Bid Constitutes Acceptance of these Terms and Conditions of Sale

Before Bidding, Be Aware . . . Our office is closed during all three auction days and Tuesday, Feb. 16 re-opening Wed., Feb. 17 at 11am for telephone only. Please be patient and wait for your invoice, we check all clerking before the invoices are emailed and that takes a bit of time with a large auction spanning three days and using several bidding methods. After your invoice is received, you can pay by visa or master card on our secure website, or pay by bank check or bank wire transfer. Leave a phone message only if you require a return phone call as we are extremely busy during the two week period following a large, annual auction. We will try to make your purchase, payment, pick up and/or shipment as easy and self-explanatory as possible. Pick ups at our Sunrise, FL 33351 warehouse begin Monday Feb. 22. An appointment is required, whereupon you will be provided the warehouse address. Please do not bid if you need items prior to Feb. 22. Items must be paid for ahead of pickup, we do not accept cash at our office or warehouse. Checks must clear and cannot be accepted at pick up time. Thank you for your purchases and your cooperation.