146
147
Website
, or click on the "Refresh" icon on the page, or
on the "Refresh" or "Reload" button on his/her internet
browser after the countdown clock has counted down
to zero to determine whether the closing time has
been extended for that
Lot
.
4.6 The countdown clock combined with the current
highest bid as shown on the bid history on the
Website
shall only be an indication of the highest bid amount
at the time when the values on the
Website
were
refreshed in the manner set out in paragraph 4.5 above.
Should bidders want more frequent updates, they are
advised to refresh values as described in paragraph 4.5
above in order to view the most updated bid history
and countdown clock.
4.7 Bidders may download the
MobileApp
onto any
mobile device that supports Android and iOS, and
use it to place advance bids. To avail of this service, you
must be registered as a bidder.
We
do not accept any
liability in the unlikely event that a bid through the
MobileApp
is not executed or executed incorrectly.
4.8 The foreign currency exchange rate used is constant
during the auction, and has currently been set at 1:66
(USD:INR). Prior to the start of the auction,
We
may at
Our
discretion change the exchange rate used, based
on fluctuations in market exchange rates. The estimates
for individual
Lots
have been 'rounded off' for ease of
reference and may not reflect the exact exchange rate
used for bid calculations.
4.9
Technical Downtime
: In the unlikely event that the
Website
or
MobileApp
is inaccessible to bidders
or partially disabled due to
Technical Downtime
at any time during the half an hour prior to the
scheduled closing time of the auction for any of the
Lot
groups, the closing time of that
Lot
group and
subsequent
Lot
groups will be extended by the
duration of such
Technical Downtime
. In case
the
Technical Downtime
extends beyond the
closing time for a particular
Lot
group, the
Website
and the
MobileApp
, as the case may be, shall, after
the
Technical Downtime
, show the auction for
the particular
Lot
group as closed. However, the
closing time for such
Lot
group and subsequent
Lot
groups shall be extended by the duration of the
Technical Downtime
and appropriate details of the
extension shall be published on the
Website
shortly
after recovery from the
Technical Downtime
. Bids
recorded prior to any
Technical Downtime
will be
treated as valid.
We
shall not be liable for any loss of
information due to the
Technical Downtime
. The
data logs of
Our
server will determine the duration
of the
Technical Downtime
and any determination
made by
Us
in respect of extension of the closing time
shall be final.
4.10 Due to the nature of internet and/or mobile traffic,
there may be an unpredictable time-lag between a
bidder placing a bid, and that bid being received by
Us
.
Therefore, although a bidder may have placed his/her
bid prior to the closing time, the bid may be received
by
Us
after the closing time for the
Lot
in respect
of which the bid has been placed and shall, in such
an event, be rejected. In order to prevent bids being
rejected in such a manner, bidders may set proxy bids/
automatic bids on
Lots
which the bidder wishes to bid
for.
4.11 Proxy bids may be recorded with
Us
12 hours prior
to the closing time, subject to the other provisions of
these conditions for sale, including any limits imposed
by
Us
on the number of bids that a bidder may place.
Proxy Bids are accepted from bidders once they have
been given bidding access for the auction and may be
entered prior to auction start and up until the auction
closes.
4.11 Once a bid is registered in
Our
system, whether placed
by an active bidder or by proxy, it is immediately and
automatically displayed for all registered users to see.
4.12 Bidders are advised to keep their login ID and password
secure at all times.
We
will hold the bidder responsible
for all bids placed using their login ID and password,
whether via the
Website
or through the
MobileApp
.
Bidders choosing to bid via telephone are advised to
re-set their passwords at the close of the auction.
4.13
Our
employees may not bid in the auction once
the auction has started. They may, however, submit
an absentee/proxy bid for an amount which may be
equal to or above the lower estimate of a
Lot
before
the auction commences. Once the auction has started,
they may not increase their bid or alter it in any way.
Our
employees may also bid in charity auctions that
are held on the
Auction Platform
.
4.14
Our Auction Platform
does not allow any bids to be
placed by
Us
on behalf of a seller. All bids recorded are
from registered bidders.
4.15
We
have the right to exercise reasonable discretion in
setting bid increments, refusing any bid, advancing the
bidding, withdrawing or dividing any
Lot
, combining
any two or more
Lots
, and in the case of error or
dispute, during or after the sale, determining the
successful bidder, continuing the bidding, cancelling the
sale or reoffering and reselling the item in dispute. If any
dispute arises after the sale, then, in the absence of any
evidence to the contrary, the sale record maintained by
Us
will be conclusive.
4.16
We
reserve the right not to award the winning bid to
the bidder with the highest bid at the closing date if
We
deem it necessary to do so.
4.17
We
shall retain the right to display the results of the
sale and
Lot
details sold by
Us
, including catalogue
descriptions and prices on the
Website
at all times,
including after the completion of the sale.
We
regret
that
We
cannot agree to requests to remove these
details from the
Website
.
4.18 At
Our
discretion, proxy bids submitted on "no reserve"
Lots
will be executed at aminimumof 10%of the lower
estimate of the relevant
Lot
if there is no competing
bid, and provided that the proxy bid amount is greater
than such minimum value. Notwithstanding the
above, in the event that there is a bid lower than such
minimum value and there is no competing higher bid,
then
We
may, at
Our
discretion, execute the
Lot
at
such lower value.
4.19 The closing bid is considered a winning bid, only if the
bid equals or exceeds the
Reserve Price
. If the closing
bid on a particular
Lot
is below the
Reserve Price
, it
will not be considered a winning bid and the
Lot
will
be deemed unsold. However, if the closing bid belongs
to a proxy bidder and is below the
Reserve Price
,
but the proxy bidder’s maximum bid price exceeds or
equals the
Reserve Price
, then the
Lot
will be sold to
the proxy bidder at the
Reserve Price
.
5.
Completing the Purchase
5.1
We
will raise invoices on the winning bidder for the
sale price and
Buyer's Premium
, applicable taxes on
sale of
Lots
and other additional charges that may be
incurred by
Us
, if any, including shipping and handling
of the
Lot
and additional levies.
5.2 The title to the
Lot
shall pass from the seller to
Us
outside the territory of the United States of America.
The title to the
Lots
purchased shall pass to the
winning bidder at the time that bidding is closed for
each
Lot
and such winning bidder shall thereafter
assume full risk and responsibility for such
Lot
. In
any event, the
Lots
purchased will not be released
or shipped out to the winning bidder or his/her
representative until the winning bidder has fulfilled
his payment and other obligations as described in
these conditions for sale.
5.3 In respect of each sale at the auction,
We
shall charge
a
Buyer's Premium
calculated at the rate of (i) 20%
of the winning bid value of up to and including USD
1,000,000 (ii) 15% of the winning bid value in excess
of USD 1,000,000 up to and including USD 1,600,000
and (iii) 12% of the winning bid value in excess of USD
1,600,000. For
Lots
being shipped from India, a service
tax on the
Buyer's Premium
shall be to the account
of the winning bidder. This is applicable for deliveries
within India as well as overseas.
5.4 Irrespective of the currency in which the bidders have
placed their bids, winning bidders located in India will
be invoiced in INR and all other winning bidders will
be invoiced in USD. Payments must be made in the
currency on the invoice in any of the following modes
of payment.
For INR payments
1.
Cheque/Demand Draft
2.
RTGS/NEFT
3.
Credit card: up to INR equivalent of USD 5,000
For USD payments
1.
Cheque
2.
Direct wire transfer
3.
Credit card: up to USD 5,000
NOTE: Payments in excess of USD 5,000 (or its INR
equivalent) must be made through a wire transfer
or cheque.
We
and
Our Affiliates
will not be held
responsible for any refusal or failure to accept modes of
payment not outlined above.
5.5 The winning bidder shall pay the sale price and
Buyer's Premium
in full (including applicable taxes
and other charges, if any) within 7 business days
from the closing date of the auction. No shipment
or delivery of the
Lots
will be made to the winning
bidder if the sale price and
Buyer's Premium
(including applicable taxes and other service charges,
if any) are not received by
Us
and until all proper
documentation in connection with the sale of the
Lot
has been completed. Payments will not be
accepted from any parties other than the winning
bidder as recorded on the invoice.