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5.6 The winning bidder acknowledges that
We
will abide
by any export restrictions that may apply in the
countries from where specific
Lots
will be shipped.
The winning bidder shall also be responsible to ensure
that the concerned
Lot
is freely importable into his/
her country or to the country where the destination
for delivery (as specified by the winning bidder) is
located. If the winning bidder or
We
become aware
of any restrictions to such import subsequent to the
completion of the auction, the winning bidder shall
provide an alternate delivery destination to
Us
. All
costs associated with the process of delivery and
storage (when required) of the
Lot
shall be borne by
the winning bidder. The
Lot
(s) shall be handed over
to the winning bidder or his nominee only upon full
payment of all such costs.
5.7
Lots
marked as "Art Treasures" and/or “Non
Exportable” under the Antiquities and Art Treasures
Act of 1972 cannot be exported outside India. If you are
the successful bidder for any such
Lot
, you agree not to
export such
Lot
outside India. Each winning bidder is
solely responsible for meeting the requirements of the
Antiquities and Art Treasures Act of 1972 or any related
state legislation. Please note that the
Lots
are marked
for your convenience only, and
We
do not accept any
liability for errors or for failing to mark the
Lots
.
5.8 Non payment: In case payments are not received
within 7 business days of each invoice,
We
shall treat
the same as a breach of contract of sale by the winning
bidder, and the seller may, in such an event, authorise
Us
to take any steps (including the institution of legal
proceedings), as it may deem to be appropriate to
enforce payment by the winning bidder. In addition,
the winning bidder will be charged demurrage at 1% of
the total value (winning bid plus
Buyer's Premium
),
or INR 10,000 per month, whichever is higher, till the
date of actual payment.
5.9 Failure to collect: If the winning bidder informs
Us
that
he/she wishes to collect the
Lot
from
Us
in person and
if such
Lot
is not collected by the winning bidder within
30 days of the payment formalities being completed,
We
shall arrange for storage of the
Lot
at the winning
bidder’s expense, and shall only release the
Lot
after
payment has 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)
in case of transmission by courier: 2 business days
after 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.