1. DEFINITIONS
"Affiliates" means Saffron Art Private Limited, Planet
Saffron Inc., Planet Saffron Management Co., LLC and their holding or subsidiary
companies as on the date of the Auction.
"Auction" means an auction of
Property/Lot to be conducted by Saffronart on the Website 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.
"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 who may lawfully enter into and form contracts under
applicable law.
"Bid Closing Schedule" shall be the schedule specifying
the closing times for bids for each Lot to be sold through the Auction as
specified in the Auction Catalogue
"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 Buyers' 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 accordance with the Conditions of
Sale, in connection with the purchase of Property by the Buyer.
"Closing
Date" means the date specified in the Bid Closing Schedule on which the Auction
closes.
"Closing Time" means the time at which the Auction for any of the
Lot Groups listed in the Bid Closing Schedule closes.
"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, author, designer or manufacturer, the title
of the Property, and the following additional details:
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.
For Precious Objects and other properties: 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 Mobile App Auction Catalogue.
eCatalogue
refers to an electronic reproduction of the Print Auction Catalogue that may be
made available on the Website for certain auctions.
"Lot Groups" means
the Properties grouped together for Auction closing at a particular
time.
"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, viewing Auction results, and accessing other information related to
Saffronart and the Auction.
"MobileApp Auction Catalogue" refers to the
screens 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 jewelry,
watches, loose precious stones and any other objects offered for sale within the
context of an Auction comprising jewelry 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 Saffronart Management
Corporation 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 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 URL linked to the Website.
"Winning Bid / Sale Price" means the
highest Bid offered in respect of a Property at the Closing Time, which Bid
shall be either be 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.
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.
2.2. Making a Bid
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.
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 shall be given at
Saffronarts discretion and 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
and time extensions, if any, shall be updated on the Website and Mobile
Application. On the Website, Bidders may refresh their bidding pages by clicking
on the click to refresh immediately link or the re-load/refresh buttons on their
browsers, to view latest bid updates and time extensions, if any. On the Mobile
Application, Bidders may select the Refresh menu item to view latest bid updates
and time extensions. Saffronart shall evaluate the bid histories of specific Lot
Groups 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.
2.4. For the convenience of
Bidders, in particular Bidders who are placing Bids on more than one Lot, Lot
Groups are scheduled to close at different times during the Auction.
The
Bidding for various Lot Groups shall be closed in accordance with the Bid
Closing Schedule. However, in the event that a Bid is recorded by Saffronart in
the 3 minutes prior to the Closing Time of the Lot, the Closing Time for such
Lot shall be extended to a time that is 3 minutes after the time that the last
Bid was made. In the event of extension of Closing Time in accordance with this
Clause, bidding on the Lot shall only end if no Bid is recorded by Saffronart
for a continuous period of 3 minutes. Bidders are advised to click on the click
to refresh immediately link on the Website page being viewed by them or on the
Refresh menu item in the Mobile Application at regular intervals in accordance
with the provisions of Clause 2.5 for updates on latest Bids and time extensions
if any.
2.5 Tracking Bids
a. The Website shall also contain a
link titled "My Bids " within the page My Auction and the Bidder may click on
this link to access information on all Bids made by the Bidder in respect of
various Lots. For ease of tracking Bids, Bidders are advised to assign bidding
nicknames to themselves.
b. The Website and Mobile Application shall
contain:
i. the Bid history for each Lot, being the Bid amounts that have
been recorded since the start of the Auction till the current highest Bid;
and
ii. a countdown clock indicating the amount of time available for
placing Bids before the Closing Time.
c. The Bid history, current Bid and
countdown clock shall be accurate at the time of downloading of those values,
provided however that such information shall not reflect any changes in the Bid
history, current Bid and/or countdown clock that may have occurred during the
time taken for this information to reach the Bidder's computer or mobile device
from the Saffronart Server. The most updated Bid values shall be shown only when
the page on the Website containing the information on Bid values is refreshed,
which shall happen either automatically at regular intervals on the Website
(indicated at the top of the page), or when a Bidder clicks on the click to
refresh immediately link on the Website page, or on the "refresh" or "reload"
button on his/her internet browser, or on the Refresh menu item in the Mobile
Application. 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. Note that
there is no automatic refreshing of values in the Mobile Application and the
Bidder must use the Refresh menu item to obtain current values.
d. 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 three minutes
pursuant to Clause 2.4 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 click to refresh immediately link
on the page, or on the refresh or reload button on his/her internet browser, or
on the Refresh menu item in the Mobile Application after the countdown clock has
counted down to zero to determine whether the Closing Time has been extended for
that lot.
e. The countdown clock combined with 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 or Mobile
Application were refreshed in the manner set out in Clause 2.5 (c) above. Should
bidders want more frequent updates, they are advised to refresh values as
described in Clause 2.5(c) in order to view the most updated Bid history and
countdown clock.
f. 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 Saffronart. Therefore, although a Bidder may have placed
his/her Bid prior to Closing Time, the Bid may be received by Saffronart 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. Proxy Bids may be recorded with Saffronart 12 hours
prior to Closing Time, subject to the other provisions of these Conditions for
Sale, including any limits imposed by Saffronart on the number of Bids that a
Bidder may place.
2.6. Bidders are advised to keep their login ID and
password secure at all times. Saffronart will hold the Bidder responsible for
all bids placed using their login ID and password, whether via the Website or a
mobile device. Bidders using the Mobile Bidding Application are advised to keep
their mobile devices secure and set passwords for them to prevent unauthorized
use.
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. The title to the Property shall
pass from the Seller to Saffronart outside the territory of the United States of
America.
2.11. In respect of each sale at the Auction, Saffronart shall
charge a Buyers Premium calculated at the rate of 15% of the Winning Bid up to
and including USD 500,000/- plus 12% of the Winning Bid in excess of USD
500,000/-. Service tax applicable on the Buyers Premium for deliveries, if
within India, shall be to the account of the Buyer.
2.12. The foreign
currency exchange rate used is constant during the Auction, and has currently
been set at 1: 43.50 (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 for registering for the
Auction.
2.14. The Winning Bidder shall pay the Sale Price and Buyers
Premium in full (including the applicable taxes and other charges, if any)
within seven business days from the Closing Date. No shipment or delivery of the
Property will be made to the Winning Bidder if the Sale Price and Buyers 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 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, authorize 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 Buyers
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 Buyers expense, and shall only release the
Property after payment has been made, in full, of the Sale Price and Buyers
Premium including demurrage @ 1% of the total value (Winning Bid plus Buyers
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 reserves the right not to award the Winning Bid
to the Bidder with the highest Bid at the Closing Date if it deems it necessary
to do so.
2.19 The Buyer acknowledges that Saffronart will abide by any
export requirements 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(s) shall be handed over to the Buyer or his nominee
only upon full payment of all such costs.
2.20 Saffronart has the right
to exercise reasonable discretion in 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 the auctioneer
will be conclusive.
2.21. Written Bids are accepted from Bidders once
they have been given bidding access for the Auction. These are entered as proxy
Bids, and may be stopped or altered by the Bidder once the Auction has
commenced. Written Bids are accepted until twelve hours prior to the first
Closing Time
2.22. 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 and have a proxy Bid placed on their behalf. Once the Auction has
begun, they may not increase their proxy Bid or alter it in any
way.
2.23. Saffronart employees may bid in charity auctions that are held
on the Saffronart Auction platform.
2.24. Sellers are automatically
blocked from bidding on the particular Lot(s) they have consigned.
2.25.
The Saffronart Auction platform does not allow any Bids to be placed by
Saffronart on behalf of the Seller. All of the Bids recorded at Saffronart are
from registered Bidders.
2.26. 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.
2.27 Technical
Downtime - In the unlikely event that the Website is inaccessible to Bidders
worldwide 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 the Technical Downtime. In case the Technical Downtime extends
beyond the Closing Time for a particular Lot Group, the Website 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. Note that any malfunction in the Mobile Application does not
constitute Technical Downtime. In the event of such malfunction, Bidders should
use the Website to place Bids.
2.28 Bids recorded prior to 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
extension of the Closing Time shall be final.
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.
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 and solely based on representations/information
made/provided by the Seller. The condition report of the Property shall be made
available to the prospective Buyer upon written request and such condition
report of the Property will be based solely on representations/information
made/provided by the Seller. Further, Saffronart will issue the condition report
of the Property solely based on images and details of the artwork(s) provided by
the Seller and Saffronart may or may not have physically inspected the Property.
Saffronart does not in any way represent that it has carried out any research or
analysis with respect to any Property, 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. Saffronart shall
not be liable/responsible towards any person for any losses arising/resulting
from (i) the statements of Saffronart about the condition of any Property and/or
(ii) opinion or belief of Saffronart in any condition report of any
Property.
3.3 The Buyer undertakes to:
(i) rely on his own
judgment as to whether the Property matches its description; and
(ii) not
solely 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 or Books): With respect to the property
(not including Precious Objects or Books) 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 Description
provided in the Auction Catalogue, particularly with reference to the name of
the Artist, title (if any) of the artwork or 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 Saffronarts 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 , books or precious stones.
4.2 The above guarantee given in clause 4.1 shall be subject to the
following conditions:
i. 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)
ii. The Property is returned in the same condition that it
was in at the time of delivery of the Property to the Buyer.
iii. 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 colored 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. This guarantee will not be
applicable once the Property has been shipped to the Buyer by 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 Saffronarts 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.
4.4 In all
cases Saffronart retains the right to consult with, at the expense of the Buyer,
two recognized 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 authorize 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 Buyers 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) or books 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 assurance contained in the authenticity guarantee
above.
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 maybe
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
i. Sending an email to the email address disclosed by the Bidder/
Buyer to Saffronart; or
ii. 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:
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.
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:
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, 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:
i. Mumbai, Maharashtra, India, in the event that the Seller is
located in India; and
ii. New York in the event that the Seller is
located in any jurisdiction other than in India.