Antiques, Movies & The Grateful Dead

DIAMOND AUCTIONS LLC – TERMS AND CONDITIONS OF SALE

By registering to bid, placing a bid, or purchasing any lot offered by Diamond Auctions LLC (“Diamond Auctions, “Auction House,?? “we,?? “us, or “our??), the bidder and/or purchaser (“Buyer??) acknowledges that they have read, understood, and agreed to be legally bound by these Terms and Conditions of Sale. These terms apply to all bidders and purchasers regardless of the method of bidding and are in addition to any terms imposed by LiveAuctioneers or any other bidding platform.

1. ALL PROPERTY SOLD AS-IS, WHERE-IS

ALL LOTS ARE SOLD “AS IS,?? “WHERE IS,?? WITH ALL FAULTS, DEFECTS, IMPERFECTIONS, WEAR, DAMAGE, RESTORATION, REPAIRS, ALTERATIONS, MISSING PARTS, AND OTHER CONDITIONS, WHETHER VISIBLE OR NOT VISIBLE. ALL SALES ARE FINAL.

Except as expressly required by applicable law, Diamond Auctions LLC, its owners, officers, employees, agents, representatives, consignors, and affiliates make no representations or warranties of any kind, express or implied, regarding any lot.

No warranty is made regarding merchantability, fitness for a particular purpose, condition, quality, completeness, functionality, safety, value, rarity, investment potential, or suitability for any particular use.

2. DESCRIPTIONS, PHOTOGRAPHS AND CATALOG INFORMATION

All catalog descriptions, titles, photographs, measurements, dates, artist or maker identifications, signatures, markings, materials, origins, historical information, provenance, condition statements, estimates, and other information are provided solely as a convenience to prospective bidders.

Diamond Auctions makes reasonable efforts to describe property accurately but does not guarantee that any description, photograph, measurement, attribution, date, origin, material, identification, or other information is complete or error-free.

Catalog descriptions are statements of opinion and are not representations, warranties, or guarantees of fact.

Photographs form part of the description and bidders are strongly encouraged to examine all available photographs carefully before bidding.

Variations in lighting, photography, computer monitors, screens, image processing, or other factors may cause colors, textures, dimensions, or appearance to differ from the actual item.

The omission of a condition issue from a description or photograph does not imply that the item is free from that condition issue.

3. BUYER'S RESPONSIBILITY TO INSPECT

It is solely the Buyer's responsibility to determine the condition, authenticity, age, origin, authorship, maker, manufacturer, completeness, functionality, legality, value, desirability, and suitability of any item before bidding.

Prospective bidders are encouraged to request additional photographs or information before placing a bid.

BY PLACING A BID, THE BIDDER ACKNOWLEDGES THAT THEY HAVE EITHER INSPECTED THE LOT TO THEIR SATISFACTION OR HAVE ELECTED TO PURCHASE THE LOT WITHOUT FURTHER INSPECTION AND ASSUME THE RISK OF DOING SO.

A bidder's failure to inspect or request additional information shall not be grounds for cancellation, rescission, return, refund, credit, chargeback, or price adjustment.

4. AUTHENTICITY, ATTRIBUTION AND PROVENANCE

Unless Diamond Auctions specifically provides a separate written guarantee signed by an authorized representative of Diamond Auctions, no representation concerning authenticity, authorship, artist, manufacturer, maker, signature, attribution, provenance, origin, age, period, culture, historical significance, or similar characteristic shall constitute a warranty or guarantee.

Terms such as “attributed to,?? “manner of,?? “school of,?? “after,?? “style of,?? “possibly,?? “believed to be,?? “appears to be,?? “circa,?? and similar terminology express an opinion only.

Any provenance or ownership history supplied to Diamond Auctions may be based upon information received from consignors, estates, previous owners, labels, documents, inscriptions, or other sources. Diamond Auctions does not independently guarantee such information unless expressly stated in writing.

The subsequent opinion of an appraiser, authenticator, expert, grading service, dealer, collector, auction house, museum, foundation, estate, artist committee, manufacturer, or other third party shall not, by itself, be grounds to rescind a completed auction sale.

5. EPHEMERA, MOVIE POSTERS, MUSIC MEMORABILIA AND COLLECTIBLES

Movie posters, concert posters, photographs, recordings, tapes, music memorabilia, printed material, autographs, ephemera, and similar collectibles may exhibit age-related wear, folds, creases, toning, staining, edge wear, tears, pinholes, writing, tape, mounting evidence, restoration, trimming, fading, storage wear, or other characteristics associated with age and use.

References to an item as “original,?? “vintage,?? “period,?? “first printing,?? “concert-used,?? “printer's copy,?? “archive copy,?? “bootleg,?? or similar terminology are based upon the information reasonably available to Diamond Auctions at the time of cataloging and, unless expressly guaranteed in writing, are statements of opinion rather than warranties.

6. MECHANICAL, ELECTRICAL AND FUNCTIONAL ITEMS

Clocks, watches, instruments, electronics, machinery, tools, appliances, vehicles, mechanical devices, and other items containing moving, electrical, electronic, hydraulic, pneumatic, or mechanical components are not guaranteed to operate unless specifically stated otherwise.

A statement that an item powers on, runs, operates, or was working when inspected does not constitute a warranty that the item will continue to operate after the sale.

Buyers should assume that vintage equipment may require service, repair, maintenance, parts, calibration, or professional inspection before use.

Diamond Auctions assumes no responsibility for personal injury, property damage, consequential damage, or other loss resulting from a Buyer's use, misuse, repair, installation, transportation, handling, or operation of purchased property, to the maximum extent permitted by law.

7. ESTIMATES

Any pre-sale estimate, value range, retail comparison, replacement value, appraisal figure, or other statement concerning value is an opinion only and does not constitute a guarantee of selling price, market value, future value, or resale value.

The actual auction price may be substantially higher or lower than any estimate.

8. BIDS ARE BINDING

All bids are legally binding and cannot be withdrawn or canceled merely because a bidder has changed their mind, entered an incorrect amount, failed to review the lot, misunderstood the description, or otherwise made an error.

The registered account holder is responsible for all bidding activity conducted through their account.

The highest bidder acknowledged by the Auction House shall be the purchaser, subject to any reserve and Diamond Auctions' right to resolve bidding disputes.

Diamond Auctions reserves the right, in its sole discretion, to reject any bid, withdraw any lot, reopen bidding, determine the successful bidder, resolve bidding disputes, or refuse service to any bidder to the extent permitted by applicable law.

9. ONLINE BIDDING AND TECHNOLOGY

Online bidding is provided as a convenience through third-party platforms, including LiveAuctioneers.

Diamond Auctions shall not be responsible for missed bids, bidding delays, internet interruptions, platform outages, software errors, device failures, transmission errors, incorrect bid execution, notification failures, account problems, or other technological or communication failures outside Diamond Auctions' reasonable control.

Bidders using online platforms accept the risks inherent in internet bidding.

10. BUYER'S PREMIUM, TAXES AND FEES

The Buyer shall pay the hammer price plus the Buyer's Premium stated for the auction, together with all applicable taxes, platform fees, processing fees, shipping charges, handling charges, storage charges, insurance costs, and any other charges applicable to the transaction.

The Buyer is responsible for reviewing all applicable premiums and fees before bidding.

11. PAYMENT

Payment is due within three (3) calendar days following the auction unless otherwise stated by Diamond Auctions.

Diamond Auctions may require specific forms of payment for particular transactions or buyers.

Property will not be released or shipped until Diamond Auctions has received cleared funds and any required identification or documentation.

Diamond Auctions reserves the right to hold merchandise until payment has fully cleared and any risk of reversal, chargeback, fraud, or payment cancellation has reasonably passed.

12. NONPAYMENT

A successful bid creates a binding obligation to purchase the lot.

If a Buyer fails to make timely payment, Diamond Auctions may exercise any remedy permitted by law, including canceling the transaction, offering the property to another purchaser, reselling the property privately or at auction, restricting the bidder from future auctions, reporting the nonpayment to the applicable bidding platform, and seeking recovery of amounts owed.

To the extent permitted by law, a defaulting Buyer may be responsible for reasonable costs incurred as a result of the default, including costs associated with resale, storage, collection, and legal enforcement.

13. NO RETURNS OR REFUNDS

ALL SALES ARE FINAL.

Except where expressly required by applicable law or specifically agreed to in writing by Diamond Auctions, Diamond Auctions does not accept returns, exchanges, cancellations, credits, or refunds.

Buyer remorse, differences of opinion regarding value or condition, failure to review photographs, failure to read descriptions or terms, later-discovered wear or damage, or a subsequent third-party opinion shall not constitute grounds for a return or refund.

14. SHIPPING

Shipping is a separate service from the auction sale.

Diamond Auctions may refer or release purchased property to an independent shipping company, packing company, postal service, freight carrier, courier, or other third-party service provider.

Unless expressly agreed otherwise in writing, such providers are independent third parties and are not employees or agents of Diamond Auctions.

To the fullest extent permitted by law, Diamond Auctions shall not be responsible for the acts or omissions of third-party shippers or carriers, including packing methods, delays, loss, theft, mishandling, misdelivery, customs issues, carrier damage, shipping charges, or delivery time.

Any shipping insurance claim shall be governed by the applicable carrier's or shipping provider's terms.

Buyer is responsible for providing a complete and accurate shipping address.

15. RISK OF LOSS

To the extent permitted by applicable law, risk associated with transportation and delivery shall pass in accordance with the terms of the applicable carrier or shipping provider.

If an item cannot be delivered because it has been lost, destroyed, or otherwise rendered unavailable before delivery, Diamond Auctions' liability, where applicable and except as otherwise required by law, shall not exceed the amount actually paid to Diamond Auctions for the affected lot.

16. THIRD-PARTY SERVICES

Diamond Auctions may provide contact information for shippers, appraisers, restorers, authenticators, installers, movers, or other third-party service providers as a convenience.

Diamond Auctions does not warrant or guarantee the work, statements, qualifications, pricing, availability, or performance of any third party and shall not be liable for their acts or omissions to the maximum extent permitted by law.

17. LEGAL AND REGULATED ITEMS

The Buyer is solely responsible for determining whether the purchase, ownership, possession, transportation, shipment, importation, exportation, transfer, or use of any property is legal in the Buyer's jurisdiction.

Where firearms or other regulated property are offered, all applicable federal, state, and local laws and transfer requirements must be followed.

Diamond Auctions may refuse or cancel delivery of property where Diamond Auctions reasonably believes completing the transaction would violate applicable law.

18. COPYRIGHT AND REPRODUCTION RIGHTS

The sale of an artwork, photograph, poster, recording, manuscript, collectible, or other property does not automatically convey copyright, trademark, reproduction, publication, licensing, publicity, intellectual-property, or other intangible rights.

Buyer acquires only the physical property sold unless expressly stated otherwise in writing.

19. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DIAMOND AUCTIONS LLC AND ITS OWNERS, MEMBERS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, AFFILIATES, AND CONSIGNORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFIT, LOSS OF BUSINESS OPPORTUNITY, LOSS OF USE, LOSS OF VALUE, OR OTHER CONSEQUENTIAL LOSS ARISING FROM OR RELATING TO AN AUCTION, BID, PURCHASE, LOT, SHIPPING ARRANGEMENT, OR TRANSACTION.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IF DIAMOND AUCTIONS IS FOUND LIABLE IN CONNECTION WITH A PARTICULAR LOT, DIAMOND AUCTIONS' AGGREGATE LIABILITY RELATING TO THAT LOT SHALL NOT EXCEED THE AMOUNT ACTUALLY PAID TO DIAMOND AUCTIONS BY THE BUYER FOR THAT LOT.

Nothing in these Terms is intended to exclude or limit liability that cannot lawfully be excluded or limited under applicable law.

20. RELEASE AND ASSUMPTION OF RISK

To the maximum extent permitted by law, Buyer assumes the risks ordinarily associated with purchasing used, vintage, antique, collectible, pre-owned, untested, or unique property at auction.

Buyer releases Diamond Auctions and its owners, employees, representatives, agents, and consignors from claims arising from conditions, defects, characteristics, or risks that were disclosed, reasonably observable from the listing photographs, or inherent in the nature, age, or condition of the property, except to the extent such release is prohibited by applicable law.

21. INDEMNIFICATION

To the maximum extent permitted by law, Buyer agrees to indemnify and hold harmless Diamond Auctions LLC and its owners, officers, employees, representatives, and agents from claims, liabilities, damages, losses, costs, or expenses arising from Buyer's unlawful possession, resale, transportation, export, import, modification, installation, operation, handling, or use of purchased property or Buyer's violation of these Terms or applicable law.

22. CONSIGNORS

Diamond Auctions frequently acts as an agent for consignors and estates and may rely upon information supplied by those parties.

Diamond Auctions shall not be responsible for undisclosed information, errors, omissions, representations, or claims made by a consignor that were not known to Diamond Auctions, except to the extent responsibility is imposed by applicable law.

23. DISPUTES CONCERNING BIDDING

Diamond Auctions shall determine the successful bidder and resolve disputes concerning bidding, bid increments, competing bids, bidding sequence, and auction administration.

Diamond Auctions may reopen bidding or cancel a transaction when reasonably necessary to correct an auction or bidding error.

24. GOVERNING LAW AND VENUE

These Terms and all transactions with Diamond Auctions LLC shall be governed by the laws of the State of California, without regard to conflict-of-law principles.

To the extent permitted by applicable law, any legal action arising from an auction transaction with Diamond Auctions shall be brought in a court of competent jurisdiction located in Mendocino County, California, and the Buyer consents to personal jurisdiction and venue in such courts.

25. SEVERABILITY

If any provision of these Terms is determined to be invalid, illegal, or unenforceable, that provision shall be enforced to the maximum extent permitted by law or severed if necessary, and the remaining provisions shall continue in full force and effect.

26. PLATFORM TERMS

Participation through LiveAuctioneers or another bidding platform is also subject to that platform's terms, rules, policies, and payment requirements.

If a platform requirement conflicts with these Terms in a manner that cannot legally or practically be reconciled, applicable law and the mandatory requirements of the platform shall control to the extent required.

27. ENTIRE AGREEMENT

These Terms, together with any lot-specific written terms, auction-specific notices, invoices, and applicable bidding-platform terms, constitute the conditions governing the transaction.

No oral statement by an employee, representative, consignor, or other person shall modify these Terms or create a warranty unless expressly confirmed in writing by an authorized representative of Diamond Auctions.

28. ACCEPTANCE OF TERMS

REGISTRATION FOR THE AUCTION AND/OR PLACEMENT OF ANY BID CONSTITUTES THE BIDDER'S ACKNOWLEDGMENT THAT THE BIDDER HAS READ, UNDERSTOOD, AND AGREED TO THESE TERMS AND CONDITIONS.

BIDDERS WHO DO NOT AGREE TO THESE TERMS SHOULD NOT BID.