150-151 / 168
150
151
letters may be displayed in a position other than
the heading) till such time that the property is in
Our
possession.
We
do not guarantee any other
attribute of such property. Further, all coloured
stones, unless certified, may or may not be treated
for enhancements.
6.2 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
.
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 along with the amount
charged by
Us
as the
Buyer’s Premium
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
and
Buyer’s Premium
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
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 VAT/CST 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 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 products by the winning bidder.
4.
Lot
/
Lots
: An item to be offered at the auction, including
two or more items to be offered at the 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.
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.
9.
Technical Downtime
: The time period during which
Our
server or website or mobile application is not in
operation due to a malfunction.