146-147 / 154
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.
6.7 The winning bidder shall pay the sale price and
Buyer’s
Premium
in full (including the applicable taxes, such as
VAT and/or service tax, and other charges, if any) within 7
(seven) business days from the date of invoice. Subject to
paragraph 6.4 above, no shipment or delivery of the
Lot
will
be made to the winning bidder if the sale price and
Buyer’s
Premium
(including the 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, and until the ownership along with
registration of the
Lot
has not been transferred from
Us
to
the winning bidder (in case of
Lots
which are
Antiquities
,
such transfer being in accordance with the provisions of
the
Antiquities Act
and the
Rules
). Payments will not be
accepted from any parties other than the winning bidder as
recorded on the invoice.
6.8 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
Lot(s)
are 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/her nominee only
upon full payment of all such costs.
6.9
Lots
marked as “Art Treasures” and/or “Antiquities” under
the
Antiquities Act
and
Rules
cannot be exported outside
India, notwithstanding that the payment in lieu of such
Lots
may be received from the winning bidder in USD. If
you are the successful bidder for any such
Lot
, you agree not
to export such
Lot
outside of India. Each winning bidder
is solely responsible for meeting the requirements of the
Antiquities Act
and
Rules
, 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
.
6.10 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.
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.