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on the "Refresh" icon on the
Website
page, or on the
"Refresh" or "Reload" button on his/her internet browser.
After the values on the page have been refreshed, any
changes in the bid history shall not be visible to the
bidder until the values are refreshed again, whether
automatically on the
Website
, or by the bidder.
5.5 When the countdown clock counts down to zero, in
the case where the closing time in respect of a particular
Lot
has been extended by a further 2 minutes pursuant
to paragraph 5.2 above, the countdown clock may
not reflect such extension. The bidder may wait for
the values on the page to refresh automatically on the
Website
, or click on the "Refresh" icon on the page, or
on the "Refresh" or "Reload" button on his/her internet
browser after the countdown clock has counted down
to zero to determine whether the closing time has been
extended for that
Lot
.
5.6 The countdown clock combinedwith the current highest
bid as shown on the bid history on the
Website
shall only
be an indication of the highest bid amount at the time
when the values on the
Website
were refreshed in the
manner set out in paragraph 4.5 above. Should bidders
want more frequent updates, they are advised to refresh
values as described in paragraph 5.5 above in order to
view the most updated bid history and countdown
clock.
5.7 Bidders may download the
MobileApp
onto any mobile
device that supports Android and iOS, and use it to
place advance bids. To avail of this service, you must be
registered as a bidder.
We
do not accept any liability in
the unlikely event that a bid through the
MobileApp
is
not executed or executed incorrectly.
5.8 The foreign currency exchange rate used is constant
during the auction, and has currently been set at 1:70
(USD:INR). Prior to the start of the auction,
We
may at
Our
discretion change the exchange rate used, based
on fluctuations in market exchange rates. The estimates
for individual
Lots
have been ‘rounded off’ for ease of
reference and may not reflect the exact exchange rate
used for bid calculations.
5.9
Technical Downtime
: In the unlikely event that the
Website
or
MobileApp
is inaccessible to bidders or
partially disabled due to
Technical Downtime
at any
time during the half an hour prior to the scheduled
closing time of the auction for any of the
Lot
groups,
the closing time of that
Lot
group and subsequent
Lot
groups will be extended by the duration of such
Technical Downtime
. In case the
Technical Downtime
extends beyond the closing time for a particular
Lot
group, the
Website
and the
MobileApp
, as the case
may be, shall, after the
Technical Downtime
, show the
auction for the particular
Lot
group as closed. However,
the closing time for such
Lot
group and subsequent
Lot
groups shall be extended by the duration of the
Technical Downtime
and appropriate details of the
extension shall be published on the
Website
shortly after
recovery from the
Technical Downtime
. Bids recorded
prior to any
Technical Downtime
will be treated as valid.
We
shall not be liable for any loss of information due to
the
Technical Downtime
. The data logs of
Our
server will
determine the duration of the
Technical Downtime
and
any determination made by
Us
in respect of extension of
the closing time shall be final.
5.10 Due to the nature of internet and/or mobile traffic,
there may be an unpredictable time-lag between a
bidder placing a bid, and that bid being received by
Us
.
Therefore, although a bidder may have placed his/her
bid prior to the closing time, the bid may be received by
Us
after the closing time for the
Lot
in respect of which
the bid has been placed and shall, in such an event, be
rejected. In order to prevent bids being rejected in such
a manner, bidders may set proxy bids/automatic bids on
Lots
which the bidder wishes to bid for.
5.11 Proxy bids may be recorded with
Us
12 hours prior to
the closing time, subject to the other provisions of these
conditions for sale, including any limits imposed by
Us
on the number of bids that a bidder may place. Proxy
bids are accepted from bidders once they have been
given bidding access for the auction and may be entered
prior to auction start and up until the auction closes.
Once a bid is registered in
Our
system, whether placed
by an active bidder or by proxy, it is immediately and
automatically displayed for all registered users to see.
5.12 Bidders are advised to keep their login ID and password
secure at all times.
We
will hold the bidder responsible
for all bids placed using their login ID and password,
whether via the
Website
or through the
MobileApp
.
Bidders choosing to bid via telephone are advised to re-
set their passwords at the close of the auction.
5.13
Our
employees may not bid in the auction once the
auction has started. They may, however, submit an
absentee/proxy bid for an amount which may be equal
to or above the lower estimate of a
Lot
before the
auction commences. Once the auction has started, they
may not increase their bid or alter it in any way.
Our
employees may also bid in charity auctions that are held
on the auction platform.
5.14
Our
auction platform does not allow any bids to be
placed by
Us
on behalf of a seller. All bids recorded are
from registered bidders.
5.15
We
have the right to exercise reasonable discretion in
setting bid increments, refusing any bid, advancing the
bidding, withdrawing or dividing any
Lot
, combining any
two or more
Lots
, and in the case of error or dispute,
during or after the sale, determining the successful bidder,
continuing the bidding, cancelling the sale or reoffering and
reselling the item in dispute. If any dispute arises after the
sale, then, in the absence of any evidence to the contrary,
the sale record maintained by
Us
will be conclusive.
5.16
We
reserve the right not to award the winning bid to
the bidder with the highest bid at the closing date if
We
deem it necessary to do so.
5.17
We
shall retain the right to display the results of the
sale and
Lot
details sold by
Us
, including catalogue
descriptions and prices on the
Website
at all times,
including after the completion of the sale.
We
regret
that
We
cannot agree to requests to remove these details
from the
Website
.
5.18 At
Our
discretion, proxy bids submitted on "no reserve"
Lots
will be executed at a minimum of 10% of the lower
estimate of the relevant
Lot
if there is no competing bid
and provided that the proxy bid amount is greater than
such minimum value. Notwithstanding the above, in the
event that there is a bid lower than such minimum value
and there is no competing higher bid, then
We
may, at
Our
discretion, execute the
Lot
at such lower value.
6. Completing the Purchase
6.1
We
will raise invoices on the winning bidder for the
Sale
Price
and
Buyer’s Premium
, applicable taxes on sale
of the
Lots
and other additional charges that may be
incurred by
Us
, if any, including shipping and handling of
the
Lots
and additional levies.
6.2 (a) The title to all
Lots
marked with shall pass from
the seller to
Us
outside the territory of the United
States of America.
6.2 (b) The title to the
Lots
other than mentioned in 6.2
(a) above shall pass to the winning bidder at the
time that bidding is closed for each
Lot
and such
winning bidder shall thereafter assume full risk and
responsibility for such
Lot
. In any event, the
Lots
purchased will not be released or shipped out to
the winning bidder or his/her representative until
the winning bidder has fulfilled his payment and
other obligations as described in these conditions
for sale.
6.3 For
Lots
which are not
Antiquities
, the title to the
Lots
purchased shall pass to the winning bidder at the time
that bidding is closed for each
Lot
and such winning
bidder shall thereafter assume full risk and responsibility
for such
Lot(s)
. In any event,
Lots
purchased will not be
released or shipped out to the winning bidder or his/her
representative until the winning bidder has fulfilled his/
her payment and other obligations as described in these
conditions for sale.
6.4 (a) Subject to fulfilment of all these conditions for sale,
the title to the
Lots
which are
Antiquities
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).