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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 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. Copyright
All content of
Our Auction Catalogue
, the print
catalogue, eCatalogue and content on the
Website
and
the
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 the
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 may be 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.
10. Legal Notices
10.1
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
.
10.2 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.
11. 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.
12. Governing Law and Jurisdiction
12.1 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.
12.2 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.
13. 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.
The seller of
Lots
marked with
is guaranteed a
minimum price. This guarantee may be provided by
Saffronart, or jointly by Saffronart and any third party,
or any third party.
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 auction along
with the description, price and other details of
Lots
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.
3.
Buyer’s Premium
: The amount charged by
Us
from
a winning bidder for services rendered by
Us
, in
accordance with these conditions of sale, in connection
with the purchase of the
Lot(s)
by the winning bidder.
4.
Lot/Lots
: An item to be offered at the online auction,
including two or more items to be offered at the online
auction as a group.
5.
Our/Us/We
: Saffronart Management Corporation,
acting either on its own behalf, or as a representative of
any of its
Affiliates
.
6.
MobileApp
: Mobile application developed by
Us
,
providing a mobile auction platform for the auction.
7.
Reserve Price
: The minimum price that a seller has
communicated to
Us
as being acceptable for the sale
of a
Lot
through an auction.
8.
Technical Downtime
: The time period during which
Our
server or
Website
or
MobileApp
is not in
operation due to a malfunction.
9.
Website: Our
website for the purposes of the online
auction, located at the URL
www.saffronart.com.144
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