102-103 / 108
100
101
6.11 With respect to
Lots
which are
Antiquities
, pursuant to
the ownership along with registration of the Antiquity
being transferred from
Us
to the winning bidder in
accordance with the provisions of the
Antiquities Act
and
Rules
, if the winning bidder informs
Us
that the
winning bidder wishes to collect the Antiquity from
Us
in
person and such Antiquity is not collected by the winning
bidder within 30 days of the registration formalities being
completed,
We
shall arrange for storage of the Antiquity
at the winning bidder's expense, and shall only release
the Antiquity after payment has been made, in full, of the
sale price and
Buyer’s Premium
, including storage and
insurance at applicable rates.
6.12
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.
7. Authenticity Guarantee
7.1
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
.
We
only guarantee, subject to the qualifications
below, the information mentioned in all capital letters in
the title heading of the
Lot
in the
Auction Catalogue
.
We
do not guarantee any other attribute of such
Lot
even if
such other attribute is in all capital letters.
7.2 The authenticity guarantee does not apply to title heading
or part of a title heading which is qualified. A title heading
is qualified when it is limited by a clarification or limitation
in all capital letters in the title heading of the
Lot
in the
Auction Catalogue
.
7.3 The authenticity guarantee does not apply if the title
heading of the
Lot
in the
Auction Catalogue
, as on the
date of auction or as amended by any saleroom notice,
either is in accordance with the generally accepted opinion
of experts, or indicates that there is a conflict of opinion of
such experts.
7.4 The authenticity guarantee does not apply if it is proved
that the title heading of the
Lot
in all capital letters in the
Auction Catalogue
, is not authentic only by scientific
means or processes which, on the date
We
published the
Auction Catalogue
, was not generally available or accepted,
or which was unreasonably expensive or impractical to use,
or which was likely to have caused damage to the
Lot
, or
which was likely to have caused loss of value to the
Lot
.
7.5 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
.
7.6 The guarantee above shall be subject to the following
conditions:
(i) the claim is made by the winning bidder as registered
with
Us
and if the winning bidder has owned the
Lot
continuously between the date of auction and the
date of claim (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.
7.7 All such claims will be handled on a case‒by‒case basis,
and in the case of an authenticity claim,
We
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.
7.8 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.
7.9 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.
8. Privacy of Personal Information
8.1
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.
8.2 The winning bidder agrees to maintain the confidentiality
of the information about the seller, including name and
address, as mentioned in any antiquity related document/s.
9. Extent of
Our
Liability
9.1
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 7). 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 7 above.
9.2 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.
10. Copyright
All content of
Our Auction Catalogue
, the print catalogue,
eCatalogue and content on the
Website
and
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
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 maybe 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.
11. Legal Notices
11.1
We
may validly serve a bidder with legal notice, if required,
under these conditions of sale by:
(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
.
11.2 Such legal notice shall be deemed to have been properly
served:
(i) in the case of email transmission ‒ on the date of the
transmission; or
(ii) in case of transmission by courier ‒ 2 business days
after the dispatch of the notice by courier.
12. Waiver
No failure or delay in exercising any right, power, privilege or
remedy under these conditions for sale shall in any way impair
or affect the exercise thereof or operate as a waiver thereof in
whole or in part. No single or partial exercise of any right, power,
privilege or remedy under these conditions for sale shall prevent
any further or other exercise thereof or the exercise of any other
right, power, privilege or remedy.
13. Severability
If any part of these conditions of sale between the winning
bidder and
Us
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.
14. Governing Law and Jurisdiction
These conditions for sale are subject to the laws of India. All
parties are subject to the exclusive jurisdiction of courts at
Mumbai, Maharashtra, India.
15. 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.
GLOSSARY
Antiquities Act
: The
Antiquities
and Art Treasures Act, 1972
and any amendments made thereto from time to time.
Antiquity
/
Antiquities
: An antiquity as per Section 2 of the
Antiquities Act
and registered under the provisions of Sections
14 and 16 of the
Antiquities Act
.
Auction Catalogue
: The catalogue published by
Us
, whether
in print, on the
MobileApp
or on the
Website
, containing
details of the auction along with the description, price and
other details of
Antiquities
to be offered for sale at such
auction. In case of any discrepancy between the print
Auction
Catalogue
, the
MobileApp
Auction Catalogue
, the online
Auction Catalogue
and/or the eCatalogue, the online
Auction
Catalogue
, as modified by
Us
from time to time, shall take
precedence.
Buyer's Premium: The amount charged by
Us
from the winning
bidder for services rendered by
Us
, in accordance with these
conditions for sale, in connection with the purchase of the
Lots
by the winning bidder.
Lot
/
Lots
: A property, including an Antiquity, to be offered at the
auction, or two or more properties/
Antiquities
to be offered at
the auction as a group.
MobileApp
: Mobile application developed by Saffronart, in
Saffronart's capacity as
Our
service provider providing a mobile
auction platform for the auction.
Our
/
Us
/
We
: Saffronart Private Limited
Reserve Price
: The minimum price that a seller has
communicated to
Us
as being acceptable for the sale of a
Lot
through the auction.
Rules
: The
Antiquities
and Art Treasure
Rules
, 1973 and any
amendments made thereto from time to time.
Technical Downtime
: The time period during which the
Website
or its server is not in operation due to a malfunction.
Website
: Saffronart's website
(www.saffronart.com), in
Saffronart's capacity as
Our
service provider providing an online
auction platform for the auction.