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artwork (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
property in the sale, or for any mistakes in
the description of the properties, or for any
faults or defects in the properties, or for any
other act or omission whatsoever.
We
offer no
guarantee or warranty other than the limited
guarantee set out in Clause 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. Legal Notices
9.1
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
.
9.2 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.
10. 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.
11. Governing Law and Jurisdiction
11.1 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.
11.2 All parties are subject to the exclusive
jurisdiction of courts at:
(i) Mumbai, Maharashtra, India, in the event
that the seller is located in India; and
(ii) New York, USA, in the event that the seller
is located in any jurisdiction other than
in India.
12. Symbols used in this catalogue
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.
Lots
marked with have been imported into
India, and in order to remove the lots from a
Free Trade Warehousing Zone and into Indian
free circulation, a customs duty at 10.3% will
be added to the hammer price. The applicable
GST will be charged on the amount inclusive
of the hammer price and the duty.
GLOSSARY
1.
Affiliates
: Saffron Art Private Limited, Planet
Saffron Inc., Planet Saffron Management Co.
LLC, and their holding or subsidiary companies
as on the date of the online auction.
2.
Auction Catalogue
: The catalogue published
by
Us
, whether in print, on the
MobileApp
or on the website, containing details of the
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
.
6.3 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.
6.4 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
.
6.5 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
.
6.6 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 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.
6.7 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.
6.8 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
.
6.9 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.
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
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