172
173
shall pass to the winning bidder upon full payment
by the winning bidder to
Us
, and such winning
bidder assumes full risk and responsibilities
thereafter. However, since
We
cannot deliver
possession of the
Antiquity
to a third person prior
to transferring the ownership along with valid
registration to such third person in accordance
with the provisions of the
Antiquities Act
and
the
Rules
, subject to receipt by
Us
of full payment
and of the duly signed requisite forms and
documents from the winning bidder required for
the purpose of transferring the ownership along
with registration of the
Antiquity
to the winning
bidder,
We
shall make best endeavours to transfer/
deliver such
Antiquity
to the winning bidder
within 90 days from the date of the receipt of full
payment, and transfer papers from the winning
bidder. The winning bidders are hereby made
aware that the process for transfer of ownership
along with registration from one person to
the other in accordance with the provisions of
the
Antiquities Act
and the
Rules
is a process
administered by the Archaeological Survey of India
and may take longer than the envisaged period of
90 days.
We
will not be responsible for any delays
involved in transfer/delivery of ownership along
with registration of any
Antiquity
. In the event
that the registering officer or any other employee
of the Archaeological Survey of India empowered
to execute the transfer of ownership along with
registration of an
Antiquity
insists on sending the
duly transferred registration certificate directly to
the winning bidder,
We
will not be responsible for
any damage or loss in transit of the said registration
certificate. Winning bidders are advised to read
and abide by the provisions of the
Antiquities
Act
and the
Rules
and all notifications issued
thereunder from time to time, which are available
with the Archaeological Survey of India and also
at the website of the Archaeological Survey of
India
(www.asi.nic.in).
6.4 (b)
Lots
over a hundred years old, whether registered
with the ASI or otherwise, or deemed National
Treasures, are NON-EXPORTABLE as per the
Antiquities Act
and the
Rules
, and cannot be
exported out of India.
6.5 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
1,500,000 (ii) 15% of the winning bid value in excess
of USD 1,500,000 up to and including USD 3,000,000
and (iii) 12% of the winning bid value in excess of USD
3,000,000. GST applicable on the
Buyer’s Premium
shall be payable by the winning bidder.
6.6 The winning bidder shall be invoiced based on details
provided at the time of registering for the auction.
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.
6.7 The winning bidder shall pay the sale price and Buyer's
Premium in full (including the applicable taxes 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 fromwhere 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 inUSD. 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