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169
CONDITIONS FOR SALE
These conditions for sale set out the terms on which
We
offer the
Lots
listed in this catalogue for sale on behalf of
sellers, and if you make a successful bid, will form a contract
for sale between you and the seller.
By participating in this online auction, you acknowledge that
you are bound by these conditions for sale as listed below and
on the
Website
saffronart.com. You will find a glossary at the
end explaining the meanings of the words and expressions
which are in
bold
.
1. Eligibility and Compliance
1.1
We
have been granted a valid licence under the
Antiquities Act
and
Rules
for conducting the auction
of
Lots
which are
Antiquities
and for dealing in
Antiquities
as a part of the
Lots
being auctioned.
1.2
We
have verified the valid registration of the
Antiquities
in the name of the relevant sellers as
required under the
Antiquities Act
and the
Rules
.
1.3
We
will have no ownership interest in any
Lot
which
is an
Antiquity
, till the receipt of full payment by
Us
in respect of such
Antiquity
from a winning bidder in
accordance with paragraph 6.7 below. Upon receipt
of full payment by
Us
from the winning bidder, the
ownership of the
Antiquity
along with its registration
(as required under the
Antiquities Act
) will be
first transferred/delivered from the seller to
Us
, and
thereafter will be transferred/delivered by
Us
to the
winning bidder in accordance with the provisions of
these conditions for sale.
1.4 The possession of the
Lots
which are
Antiquities
has
passed from the respective sellers to
Us
within the
territory of India in accordance with the provisions of
the
Antiquities Act
and the
Rules
, and the sellers have
intimated the Archaeological Survey of India of such
transfer of possession of the concerned
Antiquity
from such seller to
Our
designated premises.
2. Our role as the agent of the Seller:
2.1
We
undertake to sell the
Lots
through this online
auction as agents for and on behalf of sellers. Unless
stated otherwise,
We
have no ownership interest in
any
Lot
in this online auction.
2.2 Making a bid online constitutes an irrevocable offer
to purchase the
Lot
and the acceptance of a bid as
the winning bid by
Us
shall result in an enforceable
contract of sale between
Us
, acting solely as the agent
of the seller, and the winning bidder.
3. Catalogue Descriptions and Condition of Lot
3.1
We
offer all
Lots
for sale at the auction on an "as is"
basis, meaning that each
Lot
is sold with all existing
faults and imperfections.
We
encourage all potential
buyers to inspect each item carefully before bidding.
3.2 Any statements made by
Us
, including by
Our
representatives/employees, about any
Lot
, whether
orally or in writing, concerning attribution of such
Lot
to, for example, any school of art or craftsmanship,
country or origin, history, provenance or condition, are
only expressions of
Our
opinion or belief. Such opinions
or beliefs have been formed honestly in accordance
with the standard of care expected of an auction house,
having due regard to the estimated value of each
Lot
.
We
have not carried out any exhaustive research or analysis
on any
Lot
to be sold in this auction, and potential
buyers should seek appropriate advice on the condition
of each
Lot
from their own professional advisors.
3.3 For the convenience of bidders,
We
provide condition
reports on
Lots
upon request free of charge. The report
includes
Our
bona fide opinion on the condition of the
Lot
and is not an alternative to viewing and inspecting a
Lot
by a bidder, or a bidder's duty to seek independent
advice on the
Lot
, including its description, condition
and authenticity.
3.4 The bidders undertake to:
(i) inspect and satisfy themselves prior to the auction
as to the condition and description of the
Lot
;
(ii) rely on their own judgment as to whether the
Lot
matches its description; and
(iii) not rely on an illustration of any
Lot
given in the
Auction Catalogue
.
3.5 Size description/s of all the
Lots
featured in the
Auction Catalogue
are approximate.
We
encourage
all potential buyers to inspect each item carefully
before bidding.
3.6 Neither
We
nor any of
Our
affiliates, agents,
representatives, employees or directors shall be liable
for errors or omissions in any of the representations
made in the
Auction Catalogue
or otherwise, with
respect to the authenticity, description or condition of
any
Lot
for sale through this auction.
4. Viewing the Lots and Bidder Registration
4.1 All
Lots
for sale are featured in the
Auction Catalogue
.
The number listed next to each image is the '
Lot
number' and should be used as a reference during
bidding, or for any information requests. The
Lots
in
this sale may be viewed through any of the following:
(i) Viewings – details listed in the 'Sales and Enquiries' section;
(ii) The Online
Auction Catalogue
; and
(iii) The Mobile
Auction Catalogue
4.2
We
may withdraw any
Lot
before, during, or after
the online auction, if
We
have reasons to believe that
the authenticity of the
Lot
or the accuracy of the
description of the
Lot
is in doubt, or if there is a breach
of
Our
terms of business, or if
We
otherwise believe,
in
Our
sole discretion, that it would be improper to
include the
Lot
in the auction.
4.3 All
Lots
shall be sold subject to the
Reserve Price
. If the
winning bid is below the
Reserve Price
, the
Lot
shall
be considered unsold. The
Reserve Price
on each
Lot
shall be confidential and
We
shall have no obligation to
disclose the same to any bidder.
Lots
sold in "Absolute
Auctions" or marked as sold with "No Reserve" are
not subject to a
Reserve Price
and will be sold to the
highest bidder, irrespective of the bid amount.
4.4
We
have the sole and absolute discretion to: (i)
determine the form and content of the descriptions of
Lots
in the
Auction Catalogue
, (ii) granting bidding
access to a bidder, (iii) recording, rejecting or accepting
bids, and (iv) deciding which bid constitutes the
winning bid, if any.
4.5 Online bidding access, and access to the
MobileApp
and the telephone bidding facility, shall be given at
Our
discretion and
We
may set limits on the number of bids
that may be made by a bidder and/or require payment
guarantees or deposits as a precondition to giving
bidding access to a bidder. Bidders will be informed of
their bidding limits, if any, and will not be allowed to bid
further if their bidding limit has been exhausted.
4.6 Bid updates and time extensions, if any, shall be updated
on the
Website
. On the
Website
, bidders may refresh
bidding values by clicking on the "Refresh" icon or the
re-load/refresh buttons on their browsers, to view latest
bidupdates and time extensions, if any.
We
shall evaluate
the bid histories of specific
Lot
groups periodically
to preserve the efficacy of the auction process. This
exercise may be conducted by
Us
internally or through
third parties solely at
Our
discretion.
4.7 All bidders are required to provide complete and
accurate invoicing details to
Us
at the time of registration
for the auction and invoicing details once registered will
not be changed. The bidder shall be invoiced based on
details provided at the time of registering for the auction.
4.8 New bidders are advised to register at least 48
hours prior to the bid. Know-Your-Customer (KYC)
documents and/or financial reference letters are
required for individual and corporate clients and
We
will not grant bidding access if the bidder registration
and KYC procedures are not complete.
5. Bidding
5.1 For the convenience of bidders, in particular bidders who
are placing bids on more than one
Lot
,
Lot
groups are
scheduled to close at different times during the auction.
5.2 The bidding for various
Lot
groups shall be closed in
accordance with the bid closing schedule. However,
a bid can be recorded by
Us
in the 2 minutes prior
to the closing time of the
Lot
. The closing time for
such
Lot
shall be extended to a time that is 2 minutes
after the time that the last bid was made. In the event
of extension of closing time in accordance with this
paragraph, bidding on the
Lot
shall only end if no bid
is recorded by
Us
for a continuous period of 2 minutes.
Bidders are advised to click on the "Refresh" icon on the
Website
page being viewed by themor on the "Refresh"
button in the browser at regular intervals (in accordance
with the provisions of paragraph 5.4 below) for updates
on latest bids and time extensions, if any.
5.3 The
Website
shall also contain a "My Auction" filtered
view of the
Auction Catalogue
and the bidder may
click on this link to access information on all bids made
by the bidder in respect of various
Lots
. For ease of
tracking bids, bidders are advised to assign bidding
nicknames to themselves. The
Website
shall contain