Terms

AGREED-UPON TERMS AND CONDITIONS OF SALE

Our goal is to provide a market for a willing seller and willing buyer to agree on a price through the process of an auction, whereby potential buyers may submit bids on an item in hopes of being the highest bidder in excess of a minimum price which will be accepted by the buyer ("reserve amount"), when the auctioneer's hammer falls and the word SOLD is called out by the auctioneer (or auctioneer's software). Our goal is to create a WIN-WIN marketplace for both buyer and seller.  Therefore, we have established these clear and concise Terms and Conditions of Sale relating to our auctions so that both buyers and sellers know the rules on the playing field in our auction environment.  Our playing field exists online and in live venues.  Live venues may be simulcast at our online website and interact with online bidders, as well; these Terms and Conditions of Sale apply to all Diehl & Co. LLC auctions.

Everything sold on this site is sold "AS IS-WHERE IS," 'IN PLACE" and "WITH ALL FAULTS, KNOWN AND UNKNOWN." 

ALL SALES ARE FINAL.  NO REFUNDS.  NO RETURNS.  NO EXCEPTIONS.

Diehl & Co. LLC makes NO WARRANTIES OR GUARANTEES WHATSOEVER WHETHER WRITTEN, ORAL OR IMPLIED AS TO NATURE, VALUE, AUTHENTICITY, MERCHANTABILITY, QUALITY, QUANTITY, CONDITION, LOCATION, USEABILITY, SALEABILITY, WEIGHT, MEASUREMENT, YEAR, MODEL, MECHANICAL CONDITION, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE OR OTHER SPECIFICATIONS. MANUFACTURERS WARRANTIES MAY BE IN EFFECT. 

In agreeing to the Terms and Conditions of Sale contained herein, any reference to “Buyer” or “Buyers” is equivalent to a winning bidder as determined by Diehl & Co. LLC, and the term “Bidder” or “Bidders” apply to all bidders, including both a winning bidder (“Buyer”) and unsuccessful bidder. 

You must register to bid.  These general rules apply to all Diehl & Co. LLC auctions, whether live or online:

- All posted times are Pacific Standard Time as adjusted for WA State Law mandates to follow Daylight Savings Time.

- Online auctions may include an "Auto-Extend" feature.  This allows the online bidding period to be extended by successive three (3) minute periods, if a bid is received within such three (3) minute period prior to the scheduled closing of the established bidding period or after any successive three (3) minute extensions.  When no bid is received in a three (3) minute period extension, the bidding will close at the end of that extension at the Hammer Price.

- Unless expressly stated otherwise, all Diehl & Co. LLC auctions are with reserve; "reserve" or "with reserve" means that property available for bidding at an auction MAY BE WITHDRAWN by Diehl & Co. LLC prior to the fall of the hammer.

- "Reserve Price" means the minimum price that Diehl & Co. LLC is willing to accept for a lot.  Items will not be sold unless the reserve price is met.  It is not required for any reserve price to be disclosed.  ALL LOTS ARE BEING SOLD WITH RESERVE unless expressly stated otherwise in writing.

- "Absolute" means an auction item is sold without reserve.

We encourage all bidders to inspect each item in person.  All bidders are responsible for conducting their own thorough inspections. The time to ask questions is before a lot sells, not afterwards. Please rely on your inspections.  You hereby acknowledge and agree that you have had a full and fair opportunity to inspect all lots, and that you are are relying solely on, or have waived, your inspection and investigation. You assume responsibility to determine your own opinion on the condition, age, genuineness, value or any other determinative factors you may use regarding your bid and you acknowledge that you have not relied on any statement or representation of Diehl & Co. LLC, the seller, consignor or charity regarding your bid.

10 % Buyer's Premium:  regardless of method of payment, a 10 % Buyer's Fee or Buyer's Premium, is automatically added to the winning bid to determine the total purchase price, EXCEPT for those auctions indicated to be “Charity Auction” – in which case, there is no  Buyer’s Premium added. Example: Lot sells for $100. At checkout your bill will be $110 (plus applicable sales tax for Washington State Buyers).  However, if the auction is for a charity, your bill would be $100 (plus applicable sales tax for Washington State Buyers). The BUYER’S PREMIUM is compensation to Diehl & Co. LLC.  The seller, whether disclosed or not disclosed, receives the net proceeds of every sale, minus out of pocket fees such as merchant banking credit card fees assessed to Diehl & Co. LLC and/or any payments to Diehl & Co. LLC under a binding agreement to split net profits or any commission agreements with said sellers, that are outside the scope of this document.  

Payment with Credit Cards: we do not accept credit cards over the phone or online; only through registering as a user on our website.  In order to maintain compliance with Federal law and banking regulations, there are no exceptions to this policy. Nonpayment: Any nonpayment will automatically result in your profile being banned in the future from our auctions both live & online. 

Shipping: we do provide shipping services, the cost of which is passed through without markup, to the Buyer. Buyers outside of the United States should be aware that shipping costs, import duties and/or taxes or other charges by a government agency could be substantial and should be investigated before purchase by inquiry to joseph.diehl@gmail.com with a description of the item and lot number.  

Pickup:  we try to be flexible, but at times people can be good buyers at live or online auctions, but bad at paying for and/or removing items or arranging for shipping; items will be returned to inventory and resold after 30 days.  On the 31st day, items will be deemed abandoned as legally defined, and Buyer will lose any right, title or interest Buyer may have acquired and the merchandise shall revert and repossess to Diehl & Co. LLC or the applicable seller, consignor or charity, without further notice to Buyer and Buyer's payment will be forfeited. No purchaser may assign, transfer, or dispose of his rights in any article purchased before he has paid the purchase price in full. No reselling will be allowed from the premises.  

Bidding: Diehl & Co. LLC Policy Statement: placing a bid on an item is a legally-binding, irrevocable offer to buy the item(s) at the price in the bid, provided the bid is a winning bid at the time of the close of the auction as determined by the auctioneer/auctioneer software. A winning bid is generally defined as a bid that is the highest bid on an item, or in the event of a tie, the bid placed chronologically earliest. Placing a bid constitutes entering into a binding legal agreement with Diehl & Co. LLC and/or third party sellers to purchase the item(s) at the winning bid price and in accordance with the terms stated in the item listing and the rules of this site. At any auction, live or online, the dropping of the hammer by the auctioneer (or our software) and the words “SOLD” are determinative of the winning bid, and the selection of the winning bid (also known as the "Hammer Price"), is final.  Any Buyer's Premium, sales taxes, shipping and other costs which are the responsibility of the Buyer, are added to the Hammer Price.  We cannot ensure that a bidder’s internet connectivity or processing speed will result in a final, winning bid at the end of a bidding period; the winning bid is determined solely when the auctioneer’s hammer falls or by the auction software, and the item is announced as SOLD at the Hammer Price. Auctions will not be extended due to your technical difficulties. TIP:  do not wait until the last minute to bid! You must resolve any questions about the item by contacting Diehl & Co. LLC about the item prior to placing a bid. Do not place a bid until you are sure that you understand what lots and the extent of the lots that you are bidding upon and, if necessary, have received a response from Diehl & Co. LLC of the item regarding any questions you may have. Once a bid is placed it may not be cancelled or retracted without the permission of the auctioneer.  Send the request to joseph.diehl@gmail.com in a timely way (that is, before the end of the bidding period).  

More Bidding and Buyer Information:  bidding is subject to bid increments and items may be subject to a minimum bid. By bidding on an item and being designated as the Buyer, you authorize us to release your contact information, including name, address, email, and telephone number, if there is a third party seller who listed the item. All invoices must be paid in full before merchandise will be released from the premises or otherwise shipped/delivered. Quantities must be checked and signed off upon as being accurate, before removal of purchases. No allowances will be made for claims or shortages once items are removed from the premises. Where available, documents of transfer, including motor vehicle ownership documents, will be provided as soon as practicable following the auction or as soon thereafter as such documents are available. Any available titles shall not pass to Buyer until full payment is received. If any applicable conditions are not complied with by Buyer, then, in addition to any other remedies available to auctioneers, including and without limitation, the right to hold Buyer liable for the total purchase price, Auctioneers, at its option, (a) cancel the sale, retaining all payments made by Buyer, including any deposit made, as liquidated damages and/or (b) resell the merchandise. Persons in attendance during inspection or removal of merchandise assume all risks of damage or loss to persons, property, or merchandise and shall exercise proper precautions at all times for the protection of persons and property and shall comply with all safety and health requirements as directed by auctioneers, and local, state and federal regulations. 

Credit Card Chargebacks:  you hereby agree that you will not, under any circumstances, initiate a credit card chargeback with respect to any purchases at a Diehl & Co. LLC auction.  Your agreement not to initiate a credit card chargeback is a condition to being your continuation as a registrant as a Bidder, and for the privilege of bidding at any Diehl & Co. LLC auction, live or online.  

Platform and Premises:  you assume all risks associated with access to a Diehl & Co. LLC auction, whether live, or online. Any person may, at the sole discretion of Diehl & Co. LLC and for any reason, be denied access to the physical premises of a live auction or have their registration privileges revoked, online.  Diehl & Co. LLC events are private, not public, gatherings and the Terms and Conditions of Sale, apply to all events.

Buyer responsibility:  all risk loss shall pass to Buyer at the time of payment. A Buyer's claim shall be limited to the amount paid for the merchandise, and shall not extend to any obligation; risk; liability; right; claim; remedy for loss of use, revenue or profit; liability of Buyer to any third party; personal injury; or any other direct, indirect, incidental or consequential damages. Buyer agrees to indemnify, defend and hold harmless auctioneers and its agents and representatives, from any and all demands, claims, losses, damages and liabilities (including attorneys' fees) asserted against, resulting to or imposed upon Auctioneers resulting from the negligence of Buyer or his/her employees, agents and representatives, while in, at or about the auction premises during inspection, sale or removal of merchandise. A bidder's number/profile represented in his/her registration at the Diehl & Co. LLC website, is nontransferable. All bids made by the holder of the number will be Buyer's responsibility. 

A successful bid online constitutes a legally binding contract of sale. Diehl & Co. LLC reserves the right to refuse any applicant the privilege of bidding and may revoke such privilege of bidding AT ANY TIME. This sales transaction shall be governed by and construed in accordance with the local laws of the State of Washington, USA. If any provision of these Terms and Conditions of Sale shall be held invalid, illegal, unenforceable or inoperative, the balance of Terms and Conditions shall remain in full force and affect as if such provisions had not been included. Terms and Conditions of Sale with any amendments or modifications expressly made by Diehl & Co. LLC shall constitute all the terms and conditions with respect to the sale of articles at this online auction and at every live auction. There are no representations, warranties, terms, conditions, undertakings or collateral agreements except as herein provided. 

Court proceedings and arbitration: All disputes relating to any of our online auction events and the terms and conditions herein shall be governed by and interpreted in accordance with the laws of the State of Washington. All claims relating to any Diehl & Co. LLC online auction(s) and the terms and conditions shall be brought in the Superior Court of King County, accompanied by a Case Assignment Designation Form which designates that the case fits within the Seattle Case Assignment Area (as Diehl & Co. LLC offices are located in the city of Seattle) and bidders hereby consent to the jurisdiction of said court. Anyone who fails to complete a transaction is warned they will be pursued in court for auctioneer's losses of commission, Buyer's Premium; time; attorney's fees & any other damages allowed by law. Buyer and Diehl & Co. LLC may at their sole discretion respectively, and upon agreement - collectively, accept arbitration and the terms of arbitration, as a way to settle any disputes.

The condition of the merchandise being offered varies. Buyer understands and agrees: (1) that any description or sample of the merchandise given or furnished online is solely for identification, and does not create any warranty, express or implied, that the merchandise actually conforms to such description or sample; (2) that all merchandise is purchased and accepted by Buyer "AS IS-WHERE IS," 'IN PLACE" and "WITH ALL FAULTS, KNOWN AND UNKNOWN." Auctioneers make NO WARRANTIES OR GUARANTEES WHATSOEVER WHETHER WRITTEN, ORAL OR IMPLIED AS TO QUALITY, QUANTITY, CONDITION, LOCATION, USEABILITY, SALEABILITY, WEIGHT, MEASUREMENT, YEAR, MODEL, MECHANICAL CONDITION, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE OR OTHER SPECIFICATIONS. MANUFACTURERS WARRANTIES MAY BE IN EFFECT. In addition, NO SALE SHALL BE INVALIDATED AND DIEHL & CO. LLC SHALL HAVE NO LIABILITY FOR A MISDESCRIPTION OF ANY ARTICLE OR LOT WHETHER CONTAINED IN A CATALOGUE, ADVERTISEMENT OR OTHERWISE placed there by a third party seller, consignor or charity. 

Descriptions have been prepared for guide purposes only and shall not be relied upon by Buyer for accuracy or completeness. By submitting a bid, Bidder affirms it has inspected all items or has waived its right to do so prior to bidding. Buyers shall be deemed to have relied entirely upon their own inspections and investigations. Buyers agree that they have been offered sufficient time & opportunity to inspect each item before the closing of each lot. Failure upon a Buyer to take advantage of this opportunity is not a cause for recourse of any kind. 

All informational and procedural instructions and guides on this website and in communications with third parties including Bidders, consignors, sellers and charities are proprietary and therefore protected under Federal Copyright Laws. Copyright © 2021 Diehl & Co. LLC.

 

All Bidders hereby acknowledge, accept, and agree to these Terms & Conditions of Sale as printed above, by virtue of their registering as a potential bidder on the Diehl & Co. LLC website and at any live Diehl & Co. LLC auction event.