140-141 / 160
140
141
8.2 The winning bidder agrees tomaintain the confidentiality
of the information about the seller, including name
and address, as mentioned in any
Antiquity
related
document/s.
9. Extent of Our Liability
9.1
We
have an obligation to refund the
Sale Price
and
Buyer’s Premium
to the winning bidder only in the
circumstances described above (in paragraph 7).
Damages to, or losses or loss in value of any of the
Lots
(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
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 7 above.
9.2 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.
10. Copyright
All content of
Our
Auction Catalogue
, the print catalogue,
eCatalogue and content on the
Website
and
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
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 maybe 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.
11. Legal Notices
11.1
We
may validly serve a bidder with legal notice, if
required, under these conditions of sale by:
(i) s ending 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
.
11.2 Such legal notice shall be deemed to have been properly
served:
(i) in the case of email transmission - on the date of
the transmission; or
(ii) in case of transmission by courier - 2 business days
after the dispatch of the notice by courier.
12. Waiver
No failure or delay in exercising any right, power, privilege or
remedy under these conditions for sale shall in any way impair
or affect the exercise thereof or operate as a waiver thereof
in whole or in part. No single or partial exercise of any right,
power, privilege or remedy under these conditions for sale shall
prevent any further or other exercise thereof or the exercise of
any other right, power, privilege or remedy.
13. Severability
If any part of these conditions of sale between the winning
bidder and
Us
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.
14. Governing Law and Jurisdiction
These conditions for sale are subject to the laws of India. All
parties are subject to the exclusive jurisdiction of courts at
Mumbai, Maharashtra, India.
15. 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.
GLOSSARY
Affiliates:
Saffronart Management Corporation, Saffron
Art Private Limited, Planet Saffron Inc., and their holding or
subsidiary companies as on the date of the online auction.
Antiquities Act:
The Antiquities and Art Treasures Act, 1972
and any amendments made thereto from time to time.
Antiquity/Antiquities:
An antiquity as per Section 2 of
the
Antiquities Act
and registered under the provisions of
Sections 14 and 16 of the
Antiquities Act
.
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
Antiquities
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.
Buyer’s Premium:
The amount charged by
Us
from the
winning bidder for services rendered by
Us
, in accordance with
these conditions for sale, in connection with the purchase of
the
Lots
by the winning bidder.
GST:
Goods and Services Tax
Lot/Lots:
A property, including an
Antiquity
, to be offered
at the auction, or two or more properties/
Antiquities
to be
offered at the auction as a group.
MobileApp:
Mobile application developed by Saffronart,
in Saffronart’s capacity as
Our
service provider providing a
mobile auction platform for the auction.
Our/Us/We:
Saffronart Management Corporation, acting
either on its own behalf, or as a representative of any of its
Affiliates
.
Reserve Price:
The minimum price that a seller has
communicated to
Us
as being acceptable for the sale of a
Lot
through the auction.
Sale Price:
The price at which a property is sold to the winning
bidder, exclusive of the
Buyer’s Premium
, applicable taxes on
sale of properties and other additional charges that may be
incurred by
Us
, if any, including shipping and handling of the
property and additional levies.
Rules:
The Antiquities and Art Treasure Rules, 1973 and any
amendments made thereto from time to time.
Technical Downtime:
The time period during which the
Website
or its server is not in operation due to a malfunction.
Website:
Saffronart’s website
(www.saffronart.com), in
Saffronart’s capacity as
Our
service provider providing an
online auction platform for the auction.