1. Definitions
“Affiliates” means Saffron Art Private Limited, Planet Saffron Inc. and their
holding or subsidiary companies as on the date of the Auction.
“Auction” means the Live Auction of the Property/Lot to be conducted by
Saffronart on the date indicated in the Auction Catalogue.
“Auction Catalogue” shall refer to the catalogue published by Saffronart,
whether in print, on the Mobile Application or on the Website and shall include
the Print Auction Catalogue, the MobileApp Auction Catalogue, the Online Auction
Catalogue and the eCatalogue in respect of an Auction, containing details of the
Auction along with the Description, price and other details of Properties 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 Saffronart
from time to time, shall take precedence.
“Auctioneer” shall mean any person or persons who are nominated by Saffronart
to conduct the Live Auction.
“Bid” means the price offered by a Bidder to purchase a particular Property
offered for sale at an Auction.
“Bidder” means a person making a Bid for the purchase of one or more
Properties offered for sale at an Auction in accordance with the terms and
conditions set out in the Conditions for Sale and such person shall be required
to be entitled to enter into contracts under applicable law.
“Buyer” means the Bidder making the Winning Bid in respect of a Property(ies)
and who has agreed to pay/ has paid both the Sale Price and the Buyer’s Premium
payable in respect of such Property(ies).
“Buyers’ Premium” means the amount charged by Saffronart from
a Buyer for services rendered by it in connection with some or all of
the following: facilitating participation in the Auction,
providing prices of comparable items previously sold - whether by Saffronart or
third parties, guaranteeing authenticity, representing
the Buyer in case of default from the Seller and providing valuations
of the Property to the Buyer on an ongoing basis after the Auction. These
services are provided by Saffronart on an independent basis (i.e. not on behalf
of the Seller to the Buyer) and predominantly rendered after the sale
of the Property.
“Conditions for Sale” means these terms and conditions published in any of
the Auction Catalogues which shall be applicable to every Bid and every sale of
Property made through an Auction. In case of a conflict between the Terms and
Conditions published in the Online Auction Catalogue and in the Print Auction
Catalogue or eCatalogue, the Online Auction Catalogue version, as modified by
Saffronart from time to time, shall take precedence.
“Description” means all the details of a Property as set out in the Auction
Catalogue and may include, without limitation, the name of the artist, designer
or manufacturer, the title of the Property, and the following additional
details:
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For artworks: the signature of the artist/ date of the Property (if any),
the surface, medium, edition number (wherever applicable) and dimensions of
the Property.
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For Precious Objects: any other features or characteristics of the Property
mentioned in the Auction Catalogue.
Prospective Bidders using the Mobile Application are advised to refer to the
Online Auction Catalogue, the Print Auction Catalogue or the eCatalogue for the
complete Description as all details may not be made available/accessible through
the MobileApp Auction Catalogue.
“eCatalogue” refers to an electronic reproduction of the Print Auction
Catalogue that may be made available on the Website for certain auctions.
“Live Auction” means an auction conducted by an auctioneer with bidders
present in person in a saleroom. A Live Auction may or may not include bids
placed over the telephone and/or Internet.
“Mobile Application” means Saffronart’s proprietary software application, as
updated from time to time, and available for download from the Website for the
purpose of viewing the MobileApp Auction Catalogue, placing Bids (not available
for Live Auctions), viewing Auction results, and accessing other information
related to Saffronart and the Auction.
“MobileApp Auction Catalogue” refers to the displays/screens/pages within the
Mobile Application relating to the Auction, as may be amended from time to
time.
“Notices” refers to information included in the Auction Catalogue by
Saffronart whether in print or online or on the Mobile Application, to correct
errors and omissions in the Auction Catalogue. These are provided for the
Bidders’ convenience however the, the Online Auction Catalogue as modified by
Saffronart from time to time shall take precedence in all cases of
discrepancy.
“Online Auction Catalogue” shall refer to the web pages on the Website
relating to the Auction, as may be amended from time to time and shall include
web pages accessible via the link “Auction Catalogue” (including all pages
providing details related to the Properties) as well as additional pages
containing details of the Auction such as “Sale Guide”, “About the Auction”,
“Conditions for Sale”, “Notices”, etc.
“Precious Objects” means jewellery, watches, loose precious stones and any
other objects offered for sale within the context of an Auction comprising
jewellery as the majority of Lots.
“Print Auction Catalogue” refers to the printed version of the Auction
Catalogue.
“Property/Lot” means the artwork, Precious Objects and any other objects
offered by Saffronart for sale either individually or collectively (as a single
unit) through the Auction.
“Reserve Price” means the minimum price that the Seller has communicated to
Saffronart as being acceptable for the sale of the Property through an
Auction.
“Saffronart” means Saffron Art Pvt Ltd acting either on its own behalf or as
a representative of any of its Affiliates.
“Saffronart Server” means the computer(s) that provides other computers with
access to resources shared on computer networks including Saffronart data,
application files and printers.
“Seller” means the party consigning the Property to Saffronart as its agent
for sale through Auction.
“Technical Downtime” means the time period during which the Saffronart Server
or the Website is crippled, including but not limited to errors in the operation
of the video feed from the saleroom, or not in operation due to a
malfunction.
“Terms of Business” means the terms of business executed between Saffronart
and the Seller.
“Website” means the collection of HTML and/or internet data and media located
at the URL www.saffronart.com and/or any other Saffronart-controlled URL linked
to the Website.
“Winning Bid / Sale Price” means the highest Bid accepted by Saffronart in
respect of a Property, which Bid shall be either equal to or higher than the
Reserve Price.
“Winning Bidder” means the Bidder who has placed the Winning Bid.
2. General Terms
By participating in this Auction, you acknowledge that you are bound by the
Conditions for Sale as listed below and on the Website.
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2.1. Saffronart’s role as the agent of the Seller: Saffronart undertakes to
sell the Properties through the Auction as the agent for and on behalf of the
Seller. Saffronart has no ownership interest in any Property.
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2.1.1 Certain lots in the catalogue may be marked `NATIONAL ART
TREASURE - NON-EXPORTABLE`. These are National Art Treasures as classified by
the Government of India`s Antiquities and Art Treasures Act of 1972, and
therefore cannot be exported outside India.
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2.2. Making a Bid by raising one`s hand or paddle in the auction room,
submitting a written bid, communicating a bid over the phone to a Saffronart
representative or pressing the "Bid Now" button on the Website, constitutes an
irrevocable offer to purchase the Property and the acceptance of a Bid as the
Winning Bid by Saffronart shall result in an enforceable contract of sale
between Saffronart, acting solely as the agent of the Seller, and the Winning
Bidder.
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2.3. Saffronart is authorised by the Seller to exercise its complete
discretion in: (i) determining the form and content of the Descriptions in the
Auction Catalogue, (ii) granting bidding access to a Bidder, (iii) recording,
rejecting or accepting Bids, and (iv) deciding which Bid constitutes the
Winning Bid, if any.
Bidding access, whether in the saleroom, online, via
telephone or through a written Bid, shall be given at Saffronart’s discretion.
Entry to the auction room and assigning of paddles are at Saffronart’s
discretion. Bidders may be disallowed from entry into the auction room or from
bidding and asked to surrender paddles at any time in Saffronart’s sole and
absolute discretion.
Saffronart may set limits on the number of Bids that
may be made by a Bidder and/or require payment guarantees or deposits as a
condition precedent to giving bidding access to a Bidder. Bidders will be
informed of the limits on the number of Bids they may make, if any, and will
not be allowed to bid further if their bidding limit has been exhausted. Bid
updates shall be updated on the Website. Saffronart may evaluate the Bid
histories of specific Lots periodically to preserve the efficacy of the
Auction process. This exercise may be conducted by Saffronart internally or
through third parties solely at the discretion of Saffronart.
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2.4 The Auctioneer has complete discretion on whether to accept an online
Bid, a room Bid, telephone Bid or a written Bid at any given time.
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2.5 Tracking Bids Online
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On the Website, the current Bid and next valid Bid shall be accurate at
the time of updating those values from the auction room, provided however
that such information shall not reflect any changes that may have occurred
during the time taken for this information to reach the Bidder’s computer
over the Internet. Due to the nature of internet traffic, there is an
unpredictable time-lag between a Bidder placing a Bid, and that Bid being
received by Saffronart. As a result, a user may have placed his/ her Bid
prior to the Lot being closed by the Auctioneer in the saleroom, but the Bid
is received by Saffronart after the closing of that Lot and would therefore
be rejected. An online Bid from a Bidder will be prioritized against other
online Bids at the same Bid level in chronological order with the earliest
Bid received by Saffronart being considered for acceptance by the
Auctioneer.
2.6. Bidders are advised to keep their login ID, password and paddle secure
at all times. Saffronart will hold the Bidder responsible for all Bids placed
using their paddle or login ID and password, whether via the Website or in the
saleroom.
2.7. Saffronart reserves the right to withdraw any Property before, during or
after the Auction, if it has reason to believe that the authenticity of the
Property or the accuracy of the Description is in doubt, or if there is a breach
of the Terms of Business, or if Saffronart otherwise believes, in its sole
discretion, that it would be improper to include the Property in the
Auction.
2.8. All Properties shall be sold subject to the Reserve Price. If the
Winning Bid is below the Reserve Price, the Property shall be considered unsold.
The Reserve Price on each Property shall be confidential and Saffronart shall
have no obligation to disclose the same to any Bidder.
2.9. Saffronart will raise invoices on the Buyer for the Sale Price and
Buyer’s Premium, applicable taxes on sale of Properties and other additional
charges that may be incurred by Saffronart, if any, including shipping and
handling of the Property and additional levies.
2.10. a. The title to the Property shall pass from the Seller to Saffronart
outside the territory of United States of America.
b. The title to the Properties purchased shall pass to the Buyer at the time
that bidding is closed for each Property and such Buyer assumes full risk and
responsibilities for the Properties thereafter. Notwithstanding the foregoing,
the Properties purchased will not be released or shipped out to the Buyer or his
representative until the Buyer has fulfilled his payment and other obligations
as described in these Conditions for Sale. Saffronart may exercise a lien on the
Properties under the conditions described in clause 2.17.
2.11. In respect of each sale at the Auction, Saffronart shall charge a
Buyer’s Premium calculated at the rate of 20% of the Winning Bid up to and
including INR 3,00,00,000/-, 15% of the Winning Bid in excess of INR
3,00,00,000/- up to and including INR 6,00,00,000/-, and 12% of the Winning Bid
in excess of INR 6,00,00,000/-. Service tax applicable on the Buyer’s Premium
for deliveries, if within India, shall be to the account of the Buyer.
2.12. 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 USD, and for all other Auction-related purposes is constant during
the Auction, and has currently been set at 1:60 (USD:INR). Prior to the start of
the Auction, Saffronart may at its discretion change the exchange rate used,
based on fluctuations in market exchange rates. Please refer to the Conditions
for Sale for this Auction posted in the Online Auction Catalogue for the most
current exchange rate. 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.
2.13. All Bidders are required to provide complete and accurate invoicing
details to Saffronart at the time of registration for the Auction and invoicing
details once registered will not be changed. The Bidder shall be invoiced based
on details provided at the time of registering for the Auction. Notwithstanding
the currency in which Buyers have placed their Bids pursuant to Clause 2.12,
Buyers located in India will be invoiced in INR and all other Buyers will be
invoiced in USD. Payments must be made in the currency on the invoice.
2.14. No shipment or delivery of the Property 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 Saffronart and until all
proper documentation in connection with the sale of the Property has been
completed. Payments will not be accepted from any parties other than the Winning
Bidder as recorded on the invoice.
2.15. Non payment: The Winning Bidder shall ensure that the Sale Price and
Buyer’s Premium in full (including applicable taxes and other charges, if any)
pursuant to invoices raised by Saffronart are paid in full and all remittance of
amounts due under the invoice is made within seven business days from the date
of the invoice. In case payments are not received within such period, this shall
be treated as a breach of contract of sale by the Buyer and the Seller may, in
such an event, authorise Saffronart to take any steps (including the institution
of legal proceedings), as it may deem to be appropriate to enforce payment by
the Buyer. In addition, the Buyer will be charged demurrage @ 1% of the total
value (Winning Bid plus Buyer’s Premium) per month till the date of actual
payment.
2.16. Failure to collect If the Buyer informs Saffronart that he wishes to
collect the Property from Saffronart in person and such Property is not
collected by the Buyer within 30 days of the payment formalities being
completed, Saffronart shall arrange for storage of the Property at the Buyer’s
expense, and shall only release the Property after payment has been made, in
full, of the Sale Price and Buyer’s Premium including demurrage @ 1% of the
total value (Winning Bid plus Buyer’s Premium) per month (if applicable) and the
charges for storage of the Property, if any.
2.17. Saffronart shall be entitled to exercise a lien on the Property for
payment of any sums due to it from the Buyer, including the Sale Price, Buyer’s
Premium or costs relating to storage and insurance where they are to be borne by
the Buyer, in relation to any Property purchased by the Buyer.
2.18. Saffronart and/ or the Auctioneer reserves the right not to award the
Winning Bid to the Bidder with the highest Bid if it (in its sole and absolute
discretion) deems it necessary to do so.
2.19. The Buyer acknowledges that Saffronart will abide by any export
restrictions that may apply in the countries from where specific Properties will
be shipped. The Buyer shall also be responsible to ensure that the Property(s)
is freely importable into his country or to the country where the destination
for delivery (as specified by the Buyer) is located. In the event of the Buyer
or Saffronart becoming aware of any restrictions to such import subsequent to
the completion of the Auction the Buyer may provide an alternate delivery
destination to Saffronart. All costs associated with the process of delivery and
storage (when required) of the Property shall be borne by the Buyer. The
Property(ies) shall be handed over to the Buyer or his nominee only upon full
payment of all such costs.
2.20. Saffronart, and as applicable the Auctioneer acting on behalf of
Saffronart, has 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 Saffronart and the
Auctioneer will be conclusive.
2.21 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. This minimum increment is called out by the Auctioneer and also
determines the next valid Bid for Bidders. The Auctioneer may from time to time
allow a Bid in the room at a lower or higher increment than the minimum
increment. Online Bids during the auction however, are accepted only at the next
valid Bid based on the minimum increment.
2.22. Proxy Bids are accepted from Bidders once they have been given bidding
access for the Auction. These may not be sped, withdrawn or altered by the
Bidder. Proxy Bids may be submitted on the Website (“Online Proxy Bids”) or in
writing (“Written Bids”) using the Written Bid form. Online Proxy Bids are
accepted until twelve hours prior, and Written Bids until one hour prior, to the
start of the Auction. Saffronart does not accept any liability in the unlikely
event that the Bid is not executed or executed incorrectly. In the event the
Auctioneer has two proxy Bids of identical values and no higher Bids are
accepted in the saleroom, the Bid received earlier will be prioritized higher.
Proxy Bids indicate the maximum value that the Bidder authorises the Auctioneer
or a Saffronart representative authorised by the Auctioneer to execute on the
Bidder’s behalf, in the manner described in clause 2.21. In the absence of
higher competing Bids, Proxy Bids will be executed till the reserve price.
At
the discretion of the auctioneer, Proxy Bids submitted on “no reserve” lots will
be executed at a minimum of 10% of the lower estimate (the "Minimum Value") if
there is no competing bid and the Proxy Bid amount is greater than the Minimum
Value.
2.23 Bidding by telephone is available at Saffronart’s discretion and subject
to availability for Bidders. Saffronart does 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.
2.24. The Auctioneer may place Bids on behalf of the Seller either by placing
consecutive Bids or by placing Bids in response to other Bidders, provided such
Bids are less than the Reserve Price. However, the Auctioneer may not place Bids
on behalf of the Seller for lots that are offered with no Reserve Price.
2.25. Saffronart employees may not bid in the Auction once the Auction has
started. They may however submit a written 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 begun, they may not increase their Bid or alter it in any way.
2.26. Saffronart employees may bid in charity auctions that are held on the
Saffronart Auction platform.
2.27. Sellers are not allowed to bid on the particular Lot(s) they have
consigned otherwise than as permitted under the Conditions for Sale.
2.28. Technical Downtime In the unlikely event that the Website is
inaccessible to Bidders worldwide or partially disabled due to Technical
Downtime at any time, the Auction will continue in the saleroom, unless
specifically discontinued at Saffronart’s discretion. Bidders may contact
Saffronart during such Technical Downtime to bid by telephone, subject to
availability. Saffronart accepts no liability for any Technical Downtime.
2.29. Online Bids recorded prior to or after any Technical Downtime will be
treated as valid according to the Conditions for Sale. Saffronart shall not be
liable for any loss of information due to the Technical Downtime. The data logs
of the Saffronart Server will determine the duration of the Technical Downtime
and any determination made by Saffronart in respect of recording of Bids shall
be final.
2.30 A currency converter may be in operation in the saleroom for the
convenience of Bidders. Saffronart accepts no liability for any malfunction in
the currency converter.
2.31 Subject to the discretion of the Auctioneer, the highest Bidder accepted
by the Auctioneer will be the Buyer and the fall of the Auctioneer’s gavel shall
mark the close of bidding on each Lot. The Auctioneer may at his 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.
3. Catalogue Descriptions and Condition of Property
3.1. Saffronart offers all Properties for sale at the Auction “as is”,
meaning that Property is sold with all existing faults and imperfections.
Saffronart encourages all potential Buyers to inspect each item carefully before
bidding.
3.2. Any statements made by Saffronart about any Property, whether orally or
in writing concerning attribution to, for example, any school of art or
craftsmanship, country or origin, history or provenance, 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 estimate value of the Property. However, Saffronart does not in
anyway represent that it has carried out exhaustive research or analysis, and it
is therefore recommended, especially in cases of Properties of high value, that
potential Buyers seek advice on such matters from their own professional
advisors.
3.3. The Buyer undertakes to:
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to inspect and satisfy himself prior to the Auction as to the condition and
description of the Property;
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to rely on his own judgment as to whether the Property matches its
description; and
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to not rely on an illustration of any Property given in the
Catalogue
3.4. Neither Saffronart nor any of its 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
authenticity, Description or condition of any Property for sale through the
Auction.
4. Authenticity Guarantee
4.1. Guarantee of Properties (other than Precious Objects): With
respect to artworks (not including Precious Objects) Saffronart guarantees the
authenticity of the Property for a period of one year, and will provide a
Saffronart authenticity certificate in relation to this guarantee (please note
Saffronart does not provide authenticity certificates from artists).
Authenticity in relation to artworks shall mean compliance of the artwork with
the Description provided in the Auction Catalogue, particularly with reference
to the name of the Artist, title (if any) of the artwork itself, date, the
school of art (if mentioned), dimensions, medium, etc.
In the unlikely
event that within one year from the sale of the Property through Auction, it is
proved by the Buyer, to the reasonable satisfaction of Saffronart that the
Property was not authentic and if, in Saffronart’s opinion, Bidders being aware
of such error or omission would have bid significantly less than the actual Sale
Price, Saffronart shall be entitled to rescind the sale and the Seller will be
liable to refund to the Buyer the Sale Price paid for the Property. The Buyer
shall return the Property to Saffronart and Saffronart shall hand over the
Property to the Seller upon refund of the Sale Price paid to him for the
Property. Once Saffronart obtains the refunded amount from the Seller, it shall
forward the same along with the amount charged by Saffronart as the Buyer’s
Premium to the Buyer.
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 Property is not authentic, is
provided by an established and acknowledged authority. The decision of
Saffronart in respect of such claims shall be final and binding. The
authenticity guarantee under this clause 4.1 does not apply to jewellery,
watches or precious stones.
4.2. The above guarantee given in clause 4.1 shall be subject to the
following conditions:
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The claim is made by the Buyer as registered with Saffronart (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 Properties).
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The Property is returned in the same condition that it was in at the time
of delivery of the Property to the Buyer.
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The Property was indisputably purchased through the Auction.
4.3. Guarantee in relation to Precious Objects: In the case of
Properties which have been categorised by Saffronart as Precious Objects,
Saffronart guarantees that the Property shall comply with characteristics or
features mentioned in all capital letters in the heading of the Description of
the Property in the Auction Catalogue (with the exception however that 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 Property is in the possession of Saffronart.
All coloured stones unless certified may or may not be treated for enhancements.
It is therefore advisable for Buyers or potential Buyers of such Properties, to
inspect the Property prior to bidding or prior to shipment or Buyer pickup from
Saffronart.
In the unlikely event that during such inspection, the Buyer
is able to prove to the reasonable satisfaction of Saffronart that the Property
does not match the details given in the (capitalised) heading to the
Description, and if, in Saffronart’s opinion, Bidders being aware of such error
or omission would have bid significantly less than the actual Sale Price,
Saffronart shall be entitled to rescind the sale and the Seller will be liable
to refund to the Buyer the Sale Price paid for the Property. The Buyer shall
return the Property to Saffronart and Saffronart shall hand over the Property to
the Seller upon refund of the Sale Price paid to him for the Property. Once
Saffronart obtains the refunded amount from the Seller, it shall forward the
same along with the amount charged by Saffronart as the Buyer’s Premium to the
Buyer. This guarantee will not be applicable where the Property is being shipped
to the Buyer by Saffronart.
4.4. In all cases Saffronart retains the right to consult with, at the
expense of the Buyer, two recognised experts in the field, (such experts being
mutually acceptable to Saffronart and the Buyer), to examine the Property under
question before deciding to rescind the sale and offer the refund under the
above guarantee. The opinion of the experts shall not be binding on
Saffronart.
4.5. In the event of the Seller’s failure to refund the proceeds as stated in
this clause, the Buyer shall return the Property to Saffronart and authorise
Saffronart as its agent to initiate legal proceedings against the Seller. Any
such steps taken or legal proceedings instituted by Saffronart against the
Seller shall be to the cost of the Buyer.
5. Extent of Saffronart`s Liability
5.1. Saffronart has an obligation to refund the Sale Price and Buyer’s
Premium to the Buyer only in the circumstances described in Clause 4 above
(Authenticity Guarantee). Damages, losses or loss in value if any to the artwork
(excluding frames) incurred during shipping and transit are covered as per the
insurance policy taken by Saffronart. In case the Buyer opts out of insurance
coverage arranged for by Saffronart, Saffronart shall not entertain any claims
for damage or loss during shipping and transit. Subject to the authenticity
guarantee above, neither Saffronart’s suppliers nor Saffronart, nor any of
Saffronart’s 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, or for any faults or defects in the Properties, or for any
other act or omission, whatsoever. Saffronart offers no guarantee or warranty
other than the limited
5.2. It is stated and agreed that the rescission of the sale and the refund
of the total Sale Price paid by the Buyer is the sole remedy that may be sought
by a Buyer, and such remedy is exclusive and in lieu of any other remedy which
may otherwise be available under law. Saffronart shall not be liable for any
incidental or consequential damages incurred or claimed.
6. Copyright
All content of the Print Auction Catalogue, eCatalogue and on the Website and
Mobile Application are copyright protected in favour of Saffronart. All
trademarks, names, brand names, etc. used in the Print Auction Catalogue and on
the Website and Mobile Application are either trademarks or registered
trademarks of Saffronart. Any rights not expressly granted herein are reserved.
No image, illustration or written material may be used or required without the
prior written permission of Saffronart. Saffronart and the Seller(s) make no
representation or warranty that the Buyer of a Property will acquire any
copyright or other reproduction rights in it.
7. Legal Notices
7.1. Saffronart may validly serve the Bidder/ Buyer with legal notice, if
required, under these Conditions of sale by:
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Sending an email to the email address disclosed by the Bidder/ Buyer to
Saffronart; or
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Sending a courier to the address disclosed by the Bidder/ Buyer to
Saffronart.
7.2. Such legal notice shall be deemed to have been properly served:
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In the case of email transmission - on the date of the transmission; or
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In case of transmission by courier - 2 business days after the dispatch of
the notice by courier.
8. Severability
If any part of the Conditions for Sale between the Buyer and Saffronart 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.
9. Law and Jurisdiction
The Conditions for Sale are subject to the laws of:
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India, in the event that the Seller is located in India; and
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The United States of America, in the event that the Seller is located in
any jurisdiction other than in India, and such laws shall apply to the
construction of the Conditions for Sale and to the effect of the provisions
thereof.
All parties are subject to the exclusive jurisdiction of courts at:
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Mumbai, Maharashtra, India, in the event that the Seller is located in
India; and
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New York, USA, in the event that the Seller is located in any jurisdiction
other than in India.