INDIAN ANTIQUITIES (28-29 NOVEMBER 2012) : CONDITIONS FOR SALE

1. Definitions

"Antiquities Act" means the Antiquities and Art Treasures Act, 1972 and any amendments made thereto from time to time

"Antiquity" means 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" means an auction of Antiquity/ Lot to be conducted by Collectibles Antiques on the Website on the date indicated in the Auction Catalogue.

"Auction Catalogue" shall refer to the catalogue published by Collectibles Antiques, 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 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 Collectibles Antiques from time to time, shall take precedence.

"Bid" means the price offered by a Bidder to purchase a particular Antiquity offered for sale at an Auction.

"Bid Closing Schedule" shall be the schedule specifying the closing times for Bids for each Antiquity to be sold through the Auction as specified in the Auction Catalogue.

"Bidder" means a person residing in India with a permanent address in India and making a Bid for the purchase of one or more Antiquities offered for sale at an Auction in accordance with the terms and conditions set out in the Conditions for Sale.

"Buyer" means the Bidder making the Winning Bid in respect of an Antiquity and who has agreed to pay/ has paid both the Sale Price and the Buyer's Premium payable in respect of such Antiquity.

"Buyer's Premium" means the amount charged by Collectibles Antiques from a Buyer for services rendered by it, in accordance with the Conditions of Sale, in connection with the purchase of Antiquity by the Buyer.

"Closing Date" means the date specified in the Bid Closing Schedule on which date the Auction closes.

"Closing Time" means the time at which the Auction for any of the Lots listed in the Bid Closing Schedule closes.

"Collectibles Antiques" means Collectibles Antiques (India) Private Limited, a company incorporated under the Companies Act, 1956 and having its registered office at Industry Manor, 3rd Floor, Prabhadevi, Mumbai 400 025 and where applicable, includes its authorised agents/ service providers and/ or its authorised consultants.

"Collectibles Antiques Server" means the computer(s) that provides other computers with access to resources shared on computer networks including Collectibles Antiques data, application files and printers.

"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 Antiquity 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 Collectibles Antiques from time to time, shall take precedence.

"Description" means the details of an Antiquity as set out 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.

"Lot" means the Antiquities grouped together for Auction closing at a particular time.

"Mobile Application" means Collectibles Antiques 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 Collectibles Antiques 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 Collectibles Antiques – 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 Online Auction Catalogue, as modified by Collectibles Antiques 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 Antiquities) as well as additional pages containing details of the Auction such as "Sale Guide", "About the Auction", "Conditions for Sale", "Notices", etc.

"Print Auction Catalogue" refers to the printed version of the Auction Catalogue.

"Reserve Price" means the minimum price that the Seller has communicated to Collectibles Antiques as being acceptable for the sale of the Antiquity through an Auction.

"Rules" means the Antiquities and Art Treasure Rules, 1973 and any amendments made thereto from time to time.

"Seller" means the owner of the Antiquity, consigning the Antiquity to Collectibles Antiques as its agent for sale through the Auction. However, it is hereby clarified that upon receipt of full payment by Collectibles Antiques for an Antiquity from the Winning Bidder/ Buyer in accordance with the provisions of Clause 2.15, the ownership of the Antiquity along with its registration will be first transferred/ delivered from the Seller to Collectibles Antiques in accordance with the provisions of the Antiquities Act and the Rules and thereafter the ownership of such Antiquity along with its registration will be transferred/ delivered by Collectibles Antiques to the Winning Bidder/ Buyer in accordance with the provisions of the Conditions for Sale.

"Technical Downtime" means the time period during which the Collectibles Antiques Server or the Website is not in operation due to a malfunction.

"Terms of Business" means the terms of business executed between Collectibles Antiques 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 an Antiquity 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, without modification, limitation or qualification by the Conditions for Sale as listed below and on the Website. Collectibles Antiques may, at its sole discretion, modify or revise the Conditions of Sale at any time by updating this page on the Website and the prospective Bidder, Bidder, Seller and any other person using the Website shall be bound by any such modification or revision and should therefore visit this page periodically to review the Conditions of Sale.

  1. 2.1 Collectibles Antiques hereby warrants that it has been granted a valid license under the Antiquities Act and Rules for conducting Auction of Antiquities and for dealing in Antiquities. Collectibles Antiques undertakes to sell the Antiquities through the Auction as the agent for and on behalf of the Seller. Collectibles Antiques has verified the valid registration of the Antiquities in the name of the Seller as required under the Antiquities Act and the Rules. Collectibles Antiques will have no ownership interest in any Antiquity till the receipt of full payment by Collectibles Antiques in respect of an Antiquity from a Winning Bidder/ Buyer in accordance with the provisions of Clause 2.15. Upon receipt of full payment by Collectibles Antiques from the Winning Bidder/ Buyer in accordance with the provisions of Clause 2.15, the ownership of the Antiquity along with its registration (as required under the Antiquities Act) will be first transferred/ delivered from the Seller to Collectibles Antiques in accordance with the provisions of the Antiquities Act and Rules. Thereafter, such ownership of the Antiquity along with the valid registration which will be in the name of Collectibles Antiques will be transferred/ delivered by Collectibles Antiques to the Winning Bidder/ Buyer in accordance with the provisions of the Conditions for Sale.

  2. 2.2 Making a Bid constitutes an irrevocable offer to purchase the Antiquity and the acceptance of a Bid as the Winning Bid by Collectibles Antiques shall result in an enforceable contract of sale between Collectibles Antiques and the Winning Bidder.

  3. 2.3 Collectibles Antiques is authorized by the Seller to exercise its complete discretion in:

  4. (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 Collectibles Antiques discretion and Collectibles Antiques 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. Collectibles Antiques shall evaluate the bid histories of specific Lots periodically to preserve the efficacy of the Auction process. This exercise may be conducted by Collectibles Antiques internally or through third parties solely at the discretion of Collectibles Antiques.

  5. 2.4 For the convenience of Bidders, in particular Bidders who are placing Bids on more than one Lot, Lots are scheduled to close at different times during the Auction. The Bidding for various Lots shall be closed in accordance with the Bid Closing Schedule. However, in the event that a Bid is recorded by Collectibles Antiques in the two minutes prior to the Closing Time of the Lot, the Closing Time for such Lot shall be extended to a time that is two 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 Collectibles Antiques for a continuous period of two 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.

  6. 2.5 Tracking Bids

    1. 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.

    2. The Website and Mobile Application shall contain:

      1. 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

      2. a countdown clock indicating the amount of time available for placing Bids before the Closing Time.

    3. 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 Collectibles Antiques 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.

    4. 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 two 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.

    5. 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.

    6. 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 Collectibles Antiques. Therefore, although a Bidder may have placed his/ her Bid prior to Closing Time, the Bid may be received by Collectibles Antiques 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 Collectibles Antiques 12 hours prior to Closing Time, subject to the other provisions of these Conditions for Sale, including any limits imposed by Collectibles Antiques on the number of Bids that a Bidder may place.

  7. 2.6 Bidders are advised to keep their login ID and password secure at all times. Collectibles Antiques 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.

  8. 2.7 Collectibles Antiques reserves the right to withdraw any Antiquity before, during or after the Auction, if it has reason to believe that the authenticity of the Antiquity or the accuracy of the Description is in doubt, or if there is a breach of the Terms of Business, or if, in the opinion of Collectibles Antiques, compliance with the Antiquities Act and/ or Rules is not possible for any reason whatsoever, or if Collectibles Antiques otherwise believes, in its sole discretion, that it would be improper to include the Antiquity in the Auction.

  9. 2.8 All Antiquities shall be sold subject to the Reserve Price. If the Winning Bid is below the Reserve Price, the Antiquity shall be considered unsold. The Reserve Price on each Antiquity shall be confidential and Collectibles Antiques shall have no obligation to disclose the same to any Bidder.

  10. 2.9 Collectibles Antiques shall raise invoices on the Buyer for the Sale Price and Buyer's Premium, applicable taxes being VAT and/or service tax on sale of Antiquities and other additional charges that may be incurred by Collectibles Antiques, if any, including shipping and handling of the Antiquities and additional levies, from time to time.

  11. 2.10 The possession of the Antiquity has passed from the Seller to Collectibles Antiques within the territory of India and as per the provisions of the Antiquities Act and the Rules, the Seller has intimated the Archaeological Survey of India of such transfer of possession of the Antiquity from the Seller to the designated premise of Collectibles Antiquities. Upon receipt of full payment by Collectibles Antiques from the Winning Bidder/ Buyer in accordance with the provisions of Clause 2.15 the ownership of the Antiquity along with its registration (as required under the Antiquities Act) will be transferred from the Seller to Collectibles Antiques in accordance with the provisions of the Antiquities Act and Rules.

  12. Subject to fulfillment of all the Conditions for Sale, the title to the offered Antiquity shall pass to the Buyer upon full payment by the Buyer to Collectibles Antiques in accordance with the provisions of Clause 2.15 and such Buyer assumes full risk and responsibilities therefore. However, since Collectibles Antiques cannot deliver possession of the Antiquity to a third person prior to transferring the ownership along with valid registration to such third person as per the provisions of the Antiquities Act and the Rules, subject to receipt by Collectibles Antiques of full payment in accordance with Clause 2.15 and of the duly signed requisite forms and documents from the Buyer required for the purpose of transferring the ownership along with registration of the Antiquity to the Buyer, best endeavours shall be made by Collectibles Antiques to transfer/ deliver such Antiquity to the Buyer within 90 days from the date of the receipt of full payment as described in Clause 2.15 and transfer papers from the Buyer. The Buyers are hereby made aware that the process for transfer of ownership along with registration from one person to the another as per 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. Collectibles Antiques will not be responsible for any delays involved in transfer/ delivery of ownership along with registration of the 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 Buyer, Collectibles Antiques will not be responsible for any damage or loss in transit of the said registration certificate. Buyers 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.

  13. 2.12 In respect of each sale at the Auction, Collectibles Antiques shall charge a Buyer’s Premium calculated at the rate of 20% of the winning bid value on each lot up to and including INR 1,00,00,000/-, 15% of the winning bid value in excess of INR 1,00,00,000 up to and including INR 2,50,00,000 and 12% of the winning bid value in excess of INR 2,50,00,000. Service tax applicable on the Buyer's Premium shall be to the account of the Buyer and shall be payable in accordance with applicable laws. Any and all payments by the Buyer in an Auction and in relation to purchase of Antiquities will not be made by the Buyer in any currency other than INR, the lawful currency of India and only from India.

  14. 2.13 All monetary values including the Reserve Price, Sale Price, the Buyer's Premium and the Bids placed during the Collectibles Antiques Online Auction shall be calculated in INR, the lawful currency of India and no other currency. US dollar values if and where provided, are only for the sake of convenience of Bidders/Buyers who may wish to compare the values of Antiquities with international auctions held outside India

  15. 2.14 All Bidders are required to provide complete and accurate invoicing details to Collectibles Antiques at the time of registration for the Auction and invoicing details once registered by Bidders shall not be changed. The Bidder shall be invoiced based on details provided at the time for registering for the Auction which has to be and will be a valid invoicing address within the territory of India. The invoicing details of all Bidders should mandatorily specify an address within the territory of India where the shipment of the Antiquity has to be delivered. In the event that a party is bidding on a third person's behalf, it is the bidding party's responsibility to ensure that all paperwork explaining the transaction and relationship has been completed prior to the close of Auctions as per the registration requirements. All registration formalities with Collectibles Antiques must be completed prior to the close of Auctions.

  16. 2.15 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 Clause 2.11, no shipment or delivery of the Antiquity 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 Collectibles Antiques and until all proper documentation in connection with the sale of the Antiquity has been completed and until the ownership along with registration of the Antiquity has not been transferred from the Collectibles Antiques to the Buyer 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.

  17. 2.16 Non payment

    The Winning Bidder shall ensure that invoices raised by Collectibles Antiques are paid in full and all remittance of amounts due under the invoice is made within 7 (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 in such an event Collectibles Antiques may 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 (sum of Winning Bid and Buyer's Premium) per month till the date of actual payment. In case of non-payment by the Buyer, Collectibles Antiques also has a right to re-offer the Antiquity through auction or private sale, in which case, the Buyer will have to bear any and all financial loss borne through the process of reselling the Antiquity. This includes any monetary shortfall between the original amount fetched at auction and the new price obtained at resale as well as all losses related to commissions, premiums, shipping, insurance and storage charges, legal fees and all applicable taxes.

  18. 2.17 Failure to collect

    Pursuant to the ownership along with registration of the Antiquity being transferred from Collectibles Antiques to the Buyer in accordance with the provisions of the Antiquities Act and Rules, if the Buyer informs Collectibles Antiques that he wishes to collect the Antiquity from Collectibles Antiques in person and such Antiquity is not collected by the Buyer within 30 days of the registration formalities being completed, Collectibles Antiques shall arrange for storage of the Antiquity at the Buyer'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.

  19. 2.18 Collectibles Antiques shall be entitled to exercise a lien on the Antiquity 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 Antiquity purchased by the Buyer.

  20. 2.19 Collectibles Antiques 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.

  21. 2.20 The Buyer, Seller and Collectibles Antiques shall at all times abide by the provisions of the Antiquities Act and Rules.

  22. 2.21 The Buyer acknowledges that all of the Antiquities whether specifically indicated in the catalogue or otherwise cannot be exported out of India without the prior consent of the Director General, Archaeological Survey of India, New Delhi. The Buyer further acknowledges that if the Buyers exports Antiquities in contravention of the Antiquities Act and the Rules, then the Buyer may be liable under the provisions of the Antiquities Act (which may include imprisonment and fine).

  23. 2.22 Collectibles Antiques 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 shall be conclusive.

  24. 2.23 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.

  25. 2.24 Collectibles Antiques 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.

  26. 2.25 Collectibles Antiques employees may bid in charity auctions that are held on the Collectibles Antiques Auction platform. The Collectibles Antiques Auction platform does not allow any Bids to be placed by Collectibles Antiques on behalf of the Seller. All of the Bids recorded at Collectibles Antiques are from registered Bidders.

  27. 2.26 Sellers are automatically blocked from bidding on the particular Lot(s) they have consigned.

  28. 2.27 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.

    2.28 Technical Downtime

    In the unlikely event that the Website is inaccessible to Bidders 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 Lots, the Closing Time of that Lot and subsequent Lots shall be extended by the duration of the Technical Downtime. In case the Technical Downtime extends beyond the Closing Time for a particular Lot, the Website shall, after the Technical Downtime, show the Auction for the particular Lot as closed. However, the Closing Time for such Lot and subsequent Lots 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.

    2.29 Bids recorded prior to any Technical Downtime will be treated as valid according to the Conditions for Sale. Collectibles Antiques shall not be liable for any loss of information due to the Technical Downtime. The data logs of the Collectibles Antiques Server shall determine the duration of the Technical Downtime and any determination made by Collectibles Antiques in respect of extension of the Closing Time shall be final.

3. Catalogue Descriptions And Condition of Antiquity

3.1 Collectibles Antiques offers all Antiquities for sale at the Auction on an "as is basis", meaning that an Antiquity is sold with all existing faults, restorations and imperfections. Collectibles Antiques encourages all potential Buyers to inspect and verify each Antiquity carefully before bidding.

3.2 Any statements made by Collectibles Antiques about any Antiquity, whether orally or in writing concerning attribution to, for example, any school of art or craftsmanship, country or origin, history, authenticity or provenance, are only expressions of Collectible Antiques opinion or belief and do not constitute a representation, warranty or assumption of liability of them in any manner whatsoever. 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 Antiquity. However, Collectibles Antiques does not in any way represent that it has carried out exhaustive research or analysis, and it is therefore recommended, especially in cases of Antiquities of high value, that potential Buyers seek advice on such matters from their own professional advisors.

3.3. The Buyer undertakes to:

  1. (to inspect and satisfy himself prior to the Auction as to the condition and Description of the Antiquity;

  2. to rely on his own judgment as to whether the Antiquity matches its Description; and

  3. (to not rely on an illustration of any Antiquity given in the Auction Catalogue.

3.4 Conditions report are provided on request and are solely based on the information (oral and/ or in writing) provided by the Seller and is just an opinion as to the condition. In the event that Collectibles Antiques is of the view that there is a significant difference in the physical aspect relative to its appearance as displayed on the Website, an email will be sent to the Buyer regarding the difference and Collectibles Antiques will await the Buyer's decision to proceed with the order.

3.5 Neither Collectibles Antiques nor any of its affiliates, agents, representatives, employees or directors shall be liable for errors or omissions in any of the opinions made in the Auction Catalogue or otherwise with respect to authenticity, provenance, description, or condition of any Antiquity for sale through the Auction.

4. Copyright

All content of the Print Auction Catalogue, eCatalogue and on the Website and Mobile Application 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 Mobile Application are either trademarks or registered trademarks of Collectibles Antiques. Any rights not expressly granted herein are reserved. No image, illustration or written material maybe used or required without the prior written permission of Collectibles Antiques. Collectibles Antiques and the Seller(s) make no representation or warranty that the Buyer of an Antiquity will acquire any copyright or other reproduction rights in it.

5. Legal Notices

5.1 Collectibles Antiques 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 Collectibles Antiques; or

(ii) Sending a courier to the address disclosed by the Bidder/ Buyer to Collectibles Antiques.

5.2 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.

6. Waiver

No failure or delay in exercising any right, power, privilege or remedy under the 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 the Conditions for Sale shall prevent any further or other exercise thereof or the exercise of any other right, power, privilege or remedy.

7. Severability

If any part of the Conditions for Sale between the Buyer and Collectibles Antiques 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.

8. Law and Jurisdiction

The Conditions for Sale are subject to the laws of India. All parties are subject to the exclusive jurisdiction of courts at Mumbai, Maharashtra, India.


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