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These conditions for sale set out the terms on which We offer the Lots listed in this catalogue for sale on behalf of sellers, and if you make a successful bid, will form a contract for sale between you and the seller.
By participating in this auction, you acknowledge that you are bound by these conditions for sale as listed below and on the Website. You will find a glossary at the end explaining the meanings of the words and expressions which are in bold.
1. Eligibility and Compliance
1.1 We have been granted a valid licence under the Antiquities Act and Rules for conducting the auction of Lots which are Antiquities and for dealing in Antiquities as a part of the Lots being auctioned.
1.2 We have verified the valid registration of the Antiquities in the name of the relevant sellers as required under the Antiquities Act and the Rules.
1.3 We will have no ownership interest in any Lot which is an Antiquity, till the receipt of full payment by Us in respect of such Antiquity from a winning bidder in accordance with paragraph 6.7 below. Upon receipt of full payment by Us from the winning bidder, the ownership of the Antiquity along with its registration (as required under the Antiquities Act) will be first transferred/delivered from the seller to Us, and thereafter will be transferred/delivered by Us to the winning bidder in accordance with the provisions of these conditions for sale.
1.4 The possession of the Lots which are Antiquities has passed from the respective sellers to Us within the territory of India in accordance with the provisions of the Antiquities Act and the Rules, and the sellers have intimated the Archaeological Survey of India of such transfer of possession of the concerned Antiquity from such seller to Our designated premises.
2. Our role as the agent of the Seller:
2.1 We undertake to sell the Lots through this auction as agents for and on behalf of sellers. Unless otherwise indicated, We have no ownership interest or any other financial interest in any of the Lots.
2.2 Making a bid by raising one's hand or paddle in the auction room, submitting an absentee/proxy bid, communicating a bid over the telephone to Our representative or bidding on the Website and/or through the MobileApp constitutes an irrevocable offer to purchase a Lot, and the acceptance of a bid as the winning bid by Us shall result in an enforceable contract of sale between Us, acting solely as the agent of the seller, and the winning bidder.
3. Catalogue Descriptions and Condition of Lot
3.1 We offer all Lots for sale at the auction on an "as is" basis, meaning that each Lot is sold with all existing faults and imperfections. We encourage all potential buyers to inspect each item carefully before bidding.
3.2 Any statements made by Us, including by Our representatives/employees, about any Lot, whether orally or in writing, concerning attribution of such Lot to, for example, any school of art or craftsmanship, country or origin, history, provenance or condition, are only expressions of Our opinion or belief. Such opinions or beliefs have been formed honestly in accordance with the standard of care expected of an auction house, having due regard to the estimated value of each Lot. We have not carried out any exhaustive research or analysis on any Lot to be sold in this auction, and potential buyers should seek appropriate advice on the condition of each Lot from their own professional advisors.
3.3 For the convenience of bidders, We provide condition reports on Lots upon request free of charge. The report includes Our bona fide opinion on the condition of the Lot and is not an alternative to viewing and inspecting a Lot by a bidder, or a bidder's duty to seek independent advice on the Lot, including its description, condition and authenticity.
3.4 The bidders undertake to:
(i) inspect and satisfy themselves prior to the auction as to the condition and description of the Lot;
(ii) rely on their own judgment as to whether the Lot matches its description; and
(iiii) not rely on an illustration of any Lot given in the Auction Catalogue.
3.5 Neither We nor any of Our affiliates, agents, representatives, employees or directors shall be liable for errors or omissions in any of the representations made in the Auction Catalogue or otherwise, with respect to the authenticity, description or condition of any Lot for sale through this auction.
4. Viewing the Lots and Bidder Registration
4.1 All Lots for sale are featured in the Auction Catalogue. The number listed next to each image is the 'Lot number' and should be used as a reference during bidding, or for any information requests. The Lots in this sale may be viewed through any of the following:
(i) previews and viewings - details listed on the 'sales and enquiries section'
(ii) the online Auction Catalogue;
(iii) the printed Auction Catalogue; and
(iv) the mobile Auction Catalogue.
4.2 We may withdraw any Lot before, during, or after the auction, if We have reasons to believe that the authenticity of the Lot or the accuracy of the description of the Lot is in doubt, or if there is a breach of Our terms of business, or if We otherwise believe, in Our sole discretion, that it would be improper to include the Lot in the auction.
4.3 All Lots shall be sold subject to the Reserve Price. If the winning bid is below the Reserve Price, the Lot shall be considered unsold. The Reserve Price on each Lot shall be confidential and We shall have no obligation to disclose the same to any bidder.
4.4 We have the sole and absolute discretion to (i) provide bidding access, whether in the saleroom, online, via telephone or through an absentee/proxy bid; (ii) provide entry to the auction room and assign paddles; (iii) disallow bidders from entering into the auction room or from bidding; and (iv) ask bidders to surrender paddles at any time.
4.5 We may set limits on the value of bids that may be made by a bidder and/or require payment guarantees or deposits as a precondition to giving bidding access to a bidder. Bidders will be informed of their bidding limit, if any, and will not be allowed to bid further if their bidding limit has been exhausted.
4.6 All bidders are required to provide complete and accurate invoicing details to Us at the time of registration for the auction. Invoicing details, once registered, will not be changed. Winning bidders shall be invoiced based on details provided at the time of registering for the auction.
4.7 New bidders are advised to register at least 48 hours prior to the bid. Know-Your-Customer (KYC) documents and/or financial reference letters are required for individual and corporate clients and We will not grant bidding access if the bidder registration and KYC procedures are not complete.
5.1 Our auctioneer will accept bids from the bidding room, from telephone bidders, from online/mobile bidders, and absentee/proxy bids submitted in advance of the auction, either online or through a written form. Our auctioneer has complete discretion on whether to accept an online/mobile bid, a room bid, a telephone bid or an absentee/proxy bid at any given time. Bids once placed by a bidder may not be cancelled. We reserve the right to reject, accept and/or cancel a bid at Our sole and absolute discretion.
5.2 Bidding in the room: All approved bidders, including those who have registered online, will be handed a paddle to bid in the auction. Please bring a proof of identity to collect your paddle. Registrations will be made open 30 minutes prior to bidding.
5.3 Bidding online: Bidders may view and hear the auction on their PC or Mac with Our real-time online video feed from the auction room. Online bidders may place a bid by clicking on the 'Bid Now' button when their Lot of interest is open for bidding. If their bid is accepted by Our auctioneer, it will be recorded. We and Our service providers Saffronart do not accept any liability in the unlikely event that an online bid is not executed or executed incorrectly.
5.4 Bidding on the telephone: We accept requests from bidders to place bids on the telephone with Our staff depending on availability. To avail of this service, you must be registered as a bidder in accordance with paragraph 4 above. Please note that the number of telephone lines available for telephone bidding may be limited and this facility is provided at Our sole and absolute discretion. We do not accept any liability in the unlikely event that a telephone bid is not executed or executed incorrectly, or in the event of faulty telephone connections or the bidder not being reachable.
5.5 Bidding on the MobileApp: Bidders may download the MobileApp onto their eligible mobile device and use it to place bids during the auction. To avail of this service, you must be registered as a bidder in accordance with paragraph 4 above. We and Our service providers Saffronart do not accept any liability in the unlikely event that a bid is not executed or executed incorrectly through the MobileApp.
5.6 Absentee/ proxy bids: Bidders may place bids prior to the sale either online or in writing by submitting the absentee/proxy bid form. Absentee/proxy bids may be accepted or refused at Our sole and absolute discretion.
5.7 Currency of bidding: All bids may only be placed in Indian Rupees (INR). The foreign currency exchange rate used on the Website for invoicing of non-India based bidders in United States Dollars (usD), and for all other auction-related purposes, has currently been set at 1:66 (USD:INR), and will be constant during the auction. Before the start of the auction, We may, at Our sole and absolute discretion, change the exchange rate used, based on fluctuations in market exchange rates. The estimates for individual properties have been 'rounded off' for ease of reference and may not reflect the exact exchange rate used for bid calculations.
5.8 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, the auction will continue in the saleroom, unless specifically discontinued at Our sole and absolute discretion. Bidders may contact Us during such Technical Downtime to bid by telephone, subject to availability. We and Our service providers Saffronart accept no liability for any Technical Downtime. Online or mobile bids recorded prior to or after any Technical Downtime may 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. Any determination made by Us in respect of recording of bids shall be final.
5.9 Mobile and Internet Networks: Due to the nature of mobile and internet traffic, there may be an unpredictable time-lag between a bidder placing a bid, and that bid being received by us. We and Our service providers Saffronart accept no liability for such time lags owing to mobile and internet networks.
5.10 Bidders are advised to keep their login ID, password and paddle secure at all times. We will hold the bidder responsible for all bids placed by using their paddle or login ID and password, whether via the Website, through the MobileApp or in the sale room.
5.11 Our auctioneer may place bids on behalf of sellers either by placing consecutive bids or by placing bids in response to other bidders, provided such bids are less than the Reserve Price. Our auctioneer will not place bids on behalf of the seller for Lots that are offered with no Reserve Price.
5.12 At the discretion of Our auctioneer, 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.
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 bid in charity auctions that are held on the auction platform.
5.14 Sellers are not allowed to bid on the particular Lot(s) they have consigned otherwise than as permitted under these conditions for sale.
5.15 A currency converter may be in operation in the saleroom for the convenience of bidders. We accept no liability for any malfunction in the currency converter.
5.16 We and Our auctioneer (acting on Our behalf) have the right to exercise reasonable discretion in setting bid increments, accepting and 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 and Our auctioneer will be conclusive.
5.17 Any new bid will normally be accepted at a value greater than the current highest bid by a minimum increment, which applies to each bid value. The next valid bid amount is the current highest bid plus the minimum increment value. Our auctioneer may, from time to time, allow a bid in the saleroom at a lower or higher increment than the minimum increment. Online and mobile bids however, are accepted only at the next valid bid based on the minimum increment.
5.18 Subject to the discretion of Our auctioneer, the highest bidder accepted by Our auctioneer will be the winning bidder and the fall of Our auctioneer's gavel shall mark the close of bidding on each Lot. Our auctioneer may, at his/her discretion, re-open bidding on a Lot after the fall of the gavel if a higher bid placed prior to closing was inadvertently not accepted.
5.19 We and Our auctioneer (acting on Our behalf) may, at Our sole and absolute discretion, choose not to award the winning bid to the winning bidder with the highest bid, if We deem it necessary to do so.
5.20 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.
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 The title to all Lots shall pass from the seller to Us outside the territory of the United States of America.
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 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).
6.5 In respect of each sale at the auction, We shall charge a Buyer's Premium calculated at the rate of (i) 20% of the winning bid value of up to and including INR 6,00,00,000, (ii) 15% of the winning bid value in excess of INR 6,00,00,000 up to and including INR 10,00,00,000, and (iii) 12% of the winning bid value in excess of INR 10,00,00,000. Service tax applicable on the Buyer's Premium shall be payable by the winning bidder.
6.6 The winning bidder shall be invoiced based on details provided at the time of registering for the auction. Winning bidders located in India will be invoiced in INR and all other winning bidders will be invoiced in usD. Payments must be made in the currency on the invoice in any of the following modes of payment.
For INR payments
1. Cheque/Demand Draft
3. Credit card: up to INR 3,20,000
For USD payments
2. Direct wire transfer
3. Credit card: up to USD 5,000
NOTE: Payments in excess of USD 5,000 (INR 3,20,000) must be made through a wire transfer or cheque. We and Our affiliates will not be held responsible for any refusal or failure to accept modes of payment not outlined above.
6.7 The winning bidder shall pay the sale price and Buyer's Premium in full (including the applicable taxes, such as VAT and/or service tax, and other charges, if any) within 7 (seven) business days from the date of invoice. Subject to paragraph 6.4 above, no shipment or delivery of the Lot will be made to the winning bidder if the sale price and Buyer's Premium (including the applicable taxes and other service charges, if any) are not received by Us and until all proper documentation in connection with the sale of the Lot has been completed, and until the ownership along with registration of the Lot has not been transferred from Us to the winning bidder (in case of Lots which are Antiquities, such transfer being in accordance with the provisions of the Antiquities Act and the Rules). Payments will not be accepted from any parties other than the winning bidder as recorded on the invoice.
6.8 The winning bidder acknowledges that We will abide by any export restrictions that may apply in the countries from where specific Lots will be shipped. The winning bidder shall also be responsible to ensure that the Lot(s) are freely importable into his/her country or to the country where the destination for delivery (as specified by the winning bidder) is located. If the winning bidder or We become aware of any restrictions to such import subsequent to the completion of the auction, the winning bidder shall provide an alternate delivery destination to us. All costs associated with the process of delivery and storage (when required) of the Lot shall be borne by the winning bidder. The Lot(s) shall be handed over to the winning bidder or his/her nominee only upon full payment of all such costs.
6.9 Lots marked as "Art Treasures" and/or "Antiquities" under the Antiquities Act and Rules cannot be exported outside India, notwithstanding that the payment in lieu of such Lots may be received from the winning bidder in usD. If you are the successful bidder for any such lot, you agree not to export such Lot outside of India. Each winning bidder is solely responsible for meeting the requirements of the Antiquities Act and Rules, or any related state legislation. Please note that the Lots are marked for your convenience only, and We do not accept any liability for errors or for failing to mark the Lots.
6.10 Non payment: In case payments are not received within 7 business days of each invoice, We shall treat the same as a breach of contract of sale by the winning bidder, and the seller may, in such an event, authorise Us to take any steps (including the institution of legal proceedings), as it may deem to be appropriate to enforce payment by the winning bidder. In addition, the winning bidder will be charged demurrage at 1% of the total value (winning bid plus Buyer's Premium) per month till the date of actual payment.
6.11 With respect to Lots which are Antiquities, pursuant to the ownership along with registration of the Antiquity being transferred from Us to the winning bidder in accordance with the provisions of the Antiquities Act and Rules, if the winning bidder informs Us that the winning bidder wishes to collect the Antiquity from Us in person and such Antiquity is not collected by the winning bidder within 30 days of the registration formalities being completed, We shall arrange for storage of the Antiquity at the winning bidder's expense, and shall only release the Antiquity after payment has been made, in full, of the demurrage @ 1% of the total value (sum of winning bid and Buyer's Premium) per month (if applicable) and the charges for storage of the Antiquity, if any.
6.12 We shall be entitled to exercise a lien on the Lot for payment of any sums due to Us from the winning bidder, including the sale price, Buyer's Premium or costs relating to storage and insurance where they are to be borne by the winning bidder, in relation to any Lot purchased by the winning bidder.
7. Authenticity Guarantee
7.1 We provide a limited guarantee on the authenticity of the Lots for a period of one year from the date of the auction of such Lots. We only guarantee characteristics or features mentioned in all capital letters in the heading of the "Description of the Property" in the Auction Catalogue (in the case of the MobileApp Auction Catalogue, the characteristics or features mentioned in all capital letters may be displayed in a position other than the heading) till such time that the Lot is in Our possession. We do not guarantee any other attribute of such Lot.
7.2 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.
7.3 The guarantee above shall be subject to the following conditions:
(i) the claim is made by the winning bidder as registered with Us (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.
7.4 All such claims will be handled on a case-by-case basis, and in the case of an authenticity claim, 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.
7.5 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.
7.6 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.
8. 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.
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.
All content of Our Auction Catalogue, the print catalogue, eCatalogue and content on the Website and MobileApp are copyright protected in favour of "Collectibles Antiques". 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 Collectibles Antiques, 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) 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.
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.
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.
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.
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.
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: Collectibles Antiques India Private Limited
Reserve Price: The minimum price that a seller has communicated to Us as being acceptable for the sale of a Lot through the auction.
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.
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