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NOVEMBER 2016 | THE TIES THAT BIND
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been made, in full, of the sale price and
Buyer’s
Premium
, including storage and insurance at
applicable rates.
5.10
We
shall be entitled to exercise a lien on the
Lot
for
payment of any sums due to
Us
from the winning
bidder, including the sale price,
Buyer’s Premium
or costs relating to storage and insurance where
they are to be borne by the winning bidder, in
relation to any
Lot
purchased by the winning
bidder.
6.
Authenticity Guarantee
6.1
We
provide a limited guarantee on the
authenticity of the
Lots
for a period of one
year from the date of the auction of such
Lots
.
Under this limited guarantee,
We
only guarantee
characteristics or features mentioned in all capital
letters in the heading of the “Description of the
Property” in the
Auction Catalogue
(in the case
of the
MobileApp Auction Catalogue
, the
characteristics or features mentioned in all capital
letters may be displayed in a position other than
the heading) till such time that the
Lot
is in
Our
possession.
We
do not guarantee any other
attribute of such
Lot
.
6.2 In the unlikely event that within one year from the
sale of the
Lot
through auction, it is proved by the
winning bidder, to
Our
reasonable satisfaction, that
the
Lot
was not authentic and if, in
Our
opinion,
bidders being aware of such error or omission
would have bid significantly less than the actual
sale price,
We
shall be entitled to rescind the sale,
and the seller will be liable to refund to the winning
bidder the sale price paid for the
Lot
.
6.3 The guarantee above shall be subject to the
following conditions:
(i) the claim is made by the winning bidder as registered
with
Us
(the benefit of the claim is not assignable to
any subsequent owners or others who may acquire
or have an interest in any of the
Lots
);
(ii) the concerned property in the
Lot
is returned
to
Us
in the same condition that it was in at the
time of delivery of such property in the
Lot
to the
winning bidder; and
(iii) the concerned property in the
Lot
is indisputably
the same as purchased through the auction;
Once
We
obtain the refunded amount from the
seller,
We
shall forward the same along with the
amount charged by
Us
as the
Buyer’s Premium
to
the winning bidder.
We
shall not be accountable to
the winning bidder for any taxes, shipping, handling
or any other charges that may have been applicable
at any time from the sale of the
Lot
till the claim.
6.4 All such claims will be handled on a case-by-case
basis, and in the case of an authenticity claim,
will require that examinable proof, which clearly
demonstrates that the
Lot
is not authentic, is
provided by an established and acknowledged
authority.
Our
decision in respect of such claims
shall be final and binding.
6.5 In all cases,
We
retain the right to consult with, at
the expense of the winning bidder, two recognised
experts in the field (such experts being mutually
acceptable to
Us
and the winning bidder), to
examine the
Lot
under question before deciding
to rescind the sale and offer the refund under the
guarantee set out above. The opinion of the experts
shall not be binding on
Us
.
6.6 In the event of the seller’s failure to refund the
proceeds as stated in this paragraph, the winning
bidder shall return the concerned property in the
Lot
to
Us
and authorise
Us
as its agent to initiate
legal proceedings against the seller. Any such steps
taken or legal proceedings instituted by
Us
against
the seller shall be to the cost of the winning bidder.
7.
Privacy of Personal Information
We
will maintain the confidentiality of your personal
information as disclosed to
Us
and undertake to not
disclose such information to any third party, unless
otherwise required by law or a governmental authority.
8.
Extent of Our Liability
8.1
We
have an obligation to refund the sale price and
Buyer’s Premium
to the winning bidder only in
the circumstances described above (in paragraph 6).
Damages to, or losses or loss in value of any of the
Lots
(excluding frames) incurred during shipping
and transit are covered as per the insurance policy
obtained by
Us
. In case the winning bidder opts out
of insurance coverage arranged for by
Us
,
We
shall
not entertain any claims for damage or loss during
shipping and transit. Subject to the authenticity
guarantee above, neither
Our
suppliers nor
Us
, nor
any of
Our
employees or agents, shall be responsible,
either for the correctness of any statements as to the
authorship, origin, date, age, attributes or genuineness
of any
Lot
in the sale, or for any mistakes in the
description of the
Lots
, or for any faults or defects in
the
Lots
, or for any other act or omission whatsoever.
We
offer no guarantee or warranty other than the
limited guarantee set out in paragraph 6 above.
8.2 The rescission of the sale and the refund of the total
sale price paid by the winning bidder is the sole
remedy that may be sought by a winning bidder,
and such remedy is exclusive and in lieu of any
other remedy which may otherwise be available
under law.
We
shall not be liable for any incidental
or consequential damages incurred or claimed.
9.
Copyright
All content of
Our Auction Catalogue
, the print
catalogue, eCatalogue and content on the
Website
and
the
MobileApp
are copyright protected in favour of
“Saffronart”. All trademarks, names, brand names, etc. used
in the print
Auction Catalogue
and on the
Website
and the
MobileApp
are either trademarks or registered
trademarks of Saffronart, or of their respective owners.
Any rights not expressly granted herein are reserved. No
image, illustration or written material may be used or
required without
Our
prior written permission.
We
and
the seller(s) make no representation or warranty that
the winning bidder of a
Lot
will acquire any copyright or
other reproduction rights in it.
10.
Legal Notices
10.1
We
may validly serve a bidder with a legal notice, if
required, by the following means:
(i) sending an email to the email address disclosed by
the bidder to
Us
; or
(ii) sending a courier to the address disclosed by the
bidder to
Us
.
10.2 Such legal notice shall be deemed to have been
properly served:
(i) in the case of email transmission: on the date of the
transmission; and
(ii) incaseoftransmissionbycourier:2businessdaysafter
the dispatch of the notice by courier.
11.
Severability
If any part of these conditions for sale is found by any
court of law to be invalid, illegal or unenforceable, that
part may be discounted and the rest of the conditions
shall be enforceable to the fullest extent permissible by
law.
12.
Governing Law and Jurisdiction
12.1 These conditions for sale are subject to the laws of:
(i) India, in the event that the seller is located in
India; and
(ii) The United States of America, in the event that
the seller is located in any jurisdiction other
than in India.
Such laws shall apply to the construction of
the conditions for sale and to the effect of the
provisions thereof.
12.2 All parties are subject to the exclusive jurisdiction
of courts at:
(i) Mumbai, Maharashtra, India, in the event that
the seller is located in India; and
(ii) New York, USA, in the event that the seller is
located in any jurisdiction other than in India.
13.
Symbols used in this catalogue
Lots
marked with are not situated in India and
therefore, may only be bid for and purchased
in USD. Persons residing in India, wishing to
bid in USD must be eligible under the various
foreign exchange regulations to make payments
overseas. Please contact Saffronart for further
details.
Lots
marked with indicate that Saffronart owns
the lot in whole or in part or has an economic
interest in the lot equivalent to an ownership
interest.