Page 216 - Dimensions Defined

TERMS AND CONDITIONS OF SALE
TERMS AND CONDITIONS OF SALE TERMS AND CONDITIONS OF SALETERMS AND CONDITIONS OF SALE
8.7
DELIVERYANDCOLLECTIONOFPURCHASEDLOTYANDCOLLECTIONOFPURCHASEDLOT
Buy 7. 7. DELIVER 8.7 As of the Mumbai Centre for Interna�onal Arbitra�on (“MCIA Rules”),the Mumbai Centre for Interna�onal Arbitra�on (“MCIA Rules”),
AstaGuru shall made an honest endeavour to ensure that the Sale goestaGuru shall made an honest endeavour to ensure that the Sale goes
of
Buyer. The Lot shall be returned to AstaGuru by the Buyer in the sameer. The Lot shall be returned to AstaGuru by the Buyer in the same
c condi�on as it was, when it was delivered, at the Buyer's expense andondi�on as it was, when it was delivered, at the Buyer's expense and through properly and the �tle of ownership is transferred to the Buyer,ough properly and the �tle of ownership is transferred to the Buyer, which
which rules are deemed to be incorporated by reference in this clause.rules are deemed to be incorporated by reference in this clause.
thr
7.1
Subject
and shall assist the Buyer in comple�ng any statutory compliances asshall assist the Buyer in comple�ng any statutory compliances as
The seat of the arbitra�on shall be Mumbai. The Tribunal shall consistseat of the arbitra�on shall be Mumbai. The Tribunal shall consist
r responsibility.esponsibility. 7.1 Subject to receipt and clearance of the Total Purchase Price, AstaGuruto receipt and clearance of the Total Purchase Price, AstaGuru and The
shall ship the Lot to the Buyer within 7 Days from receipt of the Totalship the Lot to the Buyer within 7 Days from receipt of the Total ma of
shall
of one arbitrator, appointed with the mutual consent of both par�es.one arbitrator, appointed with the mutual consent of both par�es.
may be required. However, AstaGuru shall not be liable and cannot bey be required. However, AstaGuru shall not be liable and cannot be
5.7 The Buyer shall be responsible for any expenses that AstaGuru mayBuyer shall be responsible for any expenses that AstaGuru may Pur held responsible for any statutory compliances which may fail for noresponsible for any statutory compliances which may fail for no The language of the arbitra�on shall be English. The law governing thislanguage of the arbitra�on shall be English. The law governing this
5.7
The
PurchasePrice(“DateofPayment”).chasePrice(“DateofPayment”).
held
The
need
need to incur in order to authen�cate the Lot, in the case of any claimto incur in order to authen�cate the Lot, in the case of any claim
7.2
7.2 All delivery dura�ons / periods men�oned shall only be an es�matedelivery dura�ons / periods men�oned shall only be an es�mate fault of AstaGuru. It shall primarily be the Buyer's responsibility toault of AstaGuru. It shall primarily be the Buyer's responsibility to arbitra�on agreement shall be The Arbitra�on & Concilia�on Act,a�on agreement shall be The Arbitra�on & Concilia�on Act,
All
f
arbitr
of
ofinauthen�city.inauthen�city.
based
1996, or any statutory amendment or modifica�on thereof. The lawor any statutory amendment or modifica�on thereof. The law
based on past experience and es�mates given by our delivery partnerson past experience and es�mates given by our delivery partners ensureallstatutorycompliance.eallstatutorycompliance. 1996,
ensur
5.8
In
5.8 In the unlikely even that a Lot is proved to be inauthen�c, AstaGuruthe unlikely even that a Lot is proved to be inauthen�c, AstaGuru andshallnotbeconstruedtobeaguarantee.shallnotbeconstruedtobeaguarantee. g governing the contract shall be the Indian Contract Act, 1872, or anyoverning the contract shall be the Indian Contract Act, 1872, or any
and
s
shall
shall raise a claim for refund of money with the original owner/source.raise a claim for refund of money with the original owner/source. 7.3 Subject statutory amendment or modifica�on thereof. All the costs and fees totatutory amendment or modifica�on thereof. All the costs and fees to
Subject to receipt and clearance of the Total Purchase Price payable byto receipt and clearance of the Total Purchase Price payable by
7.3
If If the original owner/source fails to refund the amount, the Buyer shallthe original owner/source fails to refund the amount, the Buyer shall the Buyer, the Buyer may also opt to collect the Lot from AstaGuru atBuyer, the Buyer may also opt to collect the Lot from AstaGuru at 9. 9. EXTENT be
EXTENTOFBUYER'SLIABILITYOFBUYER'SLIABILITY
be borne by the par�es to these Terms & Condi�ons of Sale in equalborne by the par�es to these Terms & Condi�ons of Sale in equal
the
authoriz
measur
authorize AstaGuru and cooperate in any manner possible to recovere AstaGuru and cooperate in any manner possible to recover measure without recourse to recovery of costs. Any reference toe without recourse to recovery of costs. Any reference to
9.1
Securing the winning bid shall be deemed to result into an enforceablethe winning bid shall be deemed to result into an enforceable
his 9.1 Securing
hisownexpenseandresponsibility.ownexpenseandresponsibility.
Arbitr
the c contract of sale between AstaGuru and the said Bidder in accordanceontract of sale between AstaGuru and the said Bidder in accordance Arbitra�on under the terms of these Terms & Condi�ons of Sale, shalla�on under the terms of these Terms & Condi�ons of Sale, shall
theamountasmaybedueandpayablebytheoriginalsource/ownertoamountasmaybedueandpayablebytheoriginalsource/ownerto
AstaGuru,byadop�nganyappropriatelegalproceedings.taGuru,byadop�nganyappropriatelegalproceedings.
Any Buyer who opts to collect the Lot from AstaGuru under Clause 7.2y Buyer who opts to collect the Lot from AstaGuru under Clause 7.2
7.4
be made by either Party in wri�ng. The Courts in Mumbai shall havemade by either Party in wri�ng. The Courts in Mumbai shall have
As 7.4 An be
withtheseTermsandCondi�onsofSale.theseTermsandCondi�onsofSale.
with
but has not collected the said Lot within 30 days from the Date ofhas not collected the said Lot within 30 days from the Date of e exclusive jurisdic�on in rela�on to any court proceedings, arisingxclusive jurisdic�on in rela�on to any court proceedings, arising
but
9.2
under
Paymentshallbechargedademurrage/storagefeeat2%permonthonaymentshallbechargedademurrage/storagefeeat2%permonthon 9.2 All under, out of, or in rela�on to the arbitra�on. All costs related to the, out of, or in rela�on to the arbitra�on. All costs related to the
P
All Lots offered in an AstaGuru Auc�on are in its 'present/currentLots offered in an AstaGuru Auc�on are in its 'present/current
6. 6. PAYMENTBYTHEBUYERAYMENTBYTHEBUYER the Total Purchase Price of the Lot calculated from the Date ofTotal Purchase Price of the Lot calculated from the Date of c condi�on' encompassing all exis�ng faults and imperfec�ons. Biddersondi�on' encompassing all exis�ng faults and imperfec�ons. Bidders Arbitr
P
the
Arbitra�onshallbebornebyboththePar�esequally.a�onshallbebornebyboththePar�esequally.
P Payment.ayment. areadvisedtoinspecteachLotcarefullybeforebidding.eadvisedtoinspecteachLotcarefullybeforebidding.
ar
6.1
6.1 The �tle and ownership interest in the Lot shall be transferred in favour�tle and ownership interest in the Lot shall be transferred in favour 10.5
The
10.5 Each of the Par�es hereby acknowledges and agrees that its failure toEach of the Par�es hereby acknowledges and agrees that its failure to
9.3
of the Buyer, along with the assignment of the Copyright that AstaGuruthe Buyer, along with the assignment of the Copyright that AstaGuru
par�cipate in arbitra�on proceedings commenced pursuant to Clausecipate in arbitra�on proceedings commenced pursuant to Clause
The Buyer shall be liable for all the packing, insurance, shipping orBuyer shall be liable for all the packing, insurance, shipping or
TheBuyershallbeliabletoinsuretheLotagainstanydamagesorlossesBuyershallbeliabletoinsuretheLotagainstanydamagesorlosses
of 7.5 The 9.3 The par�
7.5
owns, intransit.transit. handlingchargesinconnec�onwiththesaleoftheLot.chargesinconnec�onwiththesaleoftheLot. 10.4 above in any respect or to comply with any request, order orabove in any respect or to comply with any request, order or
owns, only a�er all payment due under Clause 6 is received byonly a�er all payment due under Clause 6 is received by
handling
10.4
in
dir
AstaGuruinitsbankaccountno�fiedtotheBuyerforpaymentthroughtaGuruinitsbankaccountno�fiedtotheBuyerforpaymentthrough
As 9.4 The Buyer shall be liable for any du�es or taxes in addi�on to the TotalBuyer shall be liable for any du�es or taxes in addi�on to the Total direc�on of the arbitrator shall not preclude the arbitrator fromec�on of the arbitrator shall not preclude the arbitrator from
7.6
The
9.4
Unless the descrip�on of the Lot s�pulates otherwise, all purchasedthe descrip�on of the Lot s�pulates otherwise, all purchased
pr
bank transfer. Every sale shall be completed, and the �tle of ownershiptransfer. Every sale shall be completed, and the �tle of ownership 7.6 Unless PurchasePriceunderClause6.2inconnec�onwiththesaleoftheLot.chasePriceunderClause6.2inconnec�onwiththesaleoftheLot. proceedingwithsucharbitra�onand/ormakingavalidfinalaward.oceedingwithsucharbitra�onand/ormakingavalidfinalaward.
bank
Lots
Lots are packed & dispatched as per AstaGuru's determina�on of theare packed & dispatched as per AstaGuru's determina�on of the
Pur
shall
shall be transferred to the Buyer, in accordance with the provisions ofbe transferred to the Buyer, in accordance with the provisions of
10.6 The decision/ award of the arbitrator shall be made in wri�ng and shallThe decision/ award of the arbitrator shall be made in wri�ng and shall
bestmodeofshipping.However,iftheBuyerprefersanalterna�ve,thetmodeofshipping.However,iftheBuyerprefersanalterna�ve,the 10.6
bes
9.5
la same 9.5 All Lots classified as An�qui�es or Art Treasures under the An�qui�esLots classified as An�qui�es or Art Treasures under the An�qui�es be final and binding on the Par�es. The Par�es shall submit to thefinal and binding on the Par�es. The Par�es shall submit to the
All
law as may be applicable from �me to �me. In par�cular, in the case ofw as may be applicable from �me to �me. In par�cular, in the case of
be
same may be implemented at the Buyer's cost & responsibility.may be implemented at the Buyer's cost & responsibility.
it items covered under the An�qui�es & Art Treasures Act, 1972, as alsoems covered under the An�qui�es & Art Treasures Act, 1972, as also and
and Art Treasures Act, 1972 are non-exportable and cannot be takenArt Treasures Act, 1972 are non-exportable and cannot be taken
AstaGuru will invoice the buyer for costs incurred in rela�on to thetaGuru will invoice the buyer for costs incurred in rela�on to the
As arbitrator's award and the same shall be enforceable in any competentator's award and the same shall be enforceable in any competent
arbitr
an
out
any vehicles, etc. covered under the Motor Vehicles Act, 1988, and they vehicles, etc. covered under the Motor Vehicles Act, 1988, and the foregoing and shall not incur any responsibility for any damage thatoregoing and shall not incur any responsibility for any damage that out of India. Any a� empt to export such a work without the expressof India. Any a� empt to export such a work without the express courtoflaw.ourtoflaw.
f
c
amendmen
amendments as may be made from �me to �me, the transfer ofts as may be made from �me to �me, the transfer of permission
permission of Archaeological Survey of India (ASI) shall en�rely be atof Archaeological Survey of India (ASI) shall en�rely be at
maybecausedtotheLotduringtransit.ybecausedtotheLotduringtransit.
ma
10.7 All no�ces or other communica�ons to be given under these Terms &All no�ces or other communica�ons to be given under these Terms &
theBuyer'srisk.Buyer'srisk.
ownership shall occur only a�er statutory requirements are compliedship shall occur only a�er statutory requirements are complied the 10.7
owner
7.7
with, 7.7 In 9.6 All Lots deemed to be a 'No�fied An�quity' under the An�qui�es andLots deemed to be a 'No�fied An�quity' under the An�qui�es and Condi�ons of Sale shall be made in wri�ng and by le� er to theons of Sale shall be made in wri�ng and by le� er to the
with,andnotbefore.andnotbefore.
Condi�
In the case of interna�onal shipments, Interna�onal Chamber ofthe case of interna�onal shipments, Interna�onal Chamber of
9.6
All
Commer R Registered Address of AstaGuru or by email to legal@astaguru.com;egistered Address of AstaGuru or by email to legal@astaguru.com;
Commerce (hereina�er: ICC) EXW (Mumbai), Incoterms 2020 shall bece (hereina�er: ICC) EXW (Mumbai), Incoterms 2020 shall be
6.2 TheTotalPurchasePricepayablebytheBuyertoAstaGurushallincludeTotalPurchasePricepayablebytheBuyertoAstaGurushallinclude Art Treasures Act, 1972 need to be registered with ASI. A�er such a LotTreasures Act, 1972 need to be registered with ASI. A�er such a Lot
The
6.2
Art
applic and shall be deemed to be duly given or made when delivered (in theshall be deemed to be duly given or made when delivered (in the
and
applicabletotheseTerms&Condi�onsofSale.abletotheseTerms&Condi�onsofSale.
the Hammer Price, AstaGuru Buyer's Margin and any shipping, packingHammer Price, AstaGuru Buyer's Margin and any shipping, packing
the is is sold at the auc�on, it is the Buyer's responsibility to in�mate the ASIsold at the auc�on, it is the Buyer's responsibility to in�mate the ASI caseofpersonaldelivery).aseofpersonaldelivery).
c
ofsuchtransfer.suchtransfer.
and handling charges incurred by AstaGuru in connec�on with the Lot,handling charges incurred by AstaGuru in connec�on with the Lot, 7.8 E Every sale shall be completed in accordance with the provisions of lawvery sale shall be completed in accordance with the provisions of law of
and
7.8
as
ascalculatedbyAstaGuru.calculatedbyAstaGuru. as may be applicable from �me to �me. In par�cular, in the case ofmay be applicable from �me to �me. In par�cular, in the case of
as
Due to the unpredictable nature of internet/Mobile App data network,to the unpredictable nature of internet/Mobile App data network,
9.7 Due
9.7
it items covered under the An�qui�es & Art Treasures Act, 1972, as alsoems covered under the An�qui�es & Art Treasures Act, 1972, as also
MISCELLANEOUSOUS
11.
6.3
6.3 AstaGuru shall raise an invoice in favour of the Buyer within 3 (three)taGuru shall raise an invoice in favour of the Buyer within 3 (three) any vehicles, etc. covered under the Motor Vehicles Act, 1988, and they vehicles, etc. covered under the Motor Vehicles Act, 1988, and the ther 11. MISCELLANE
As
there may be a lag period between the �me of the Bidder placing thee may be a lag period between the �me of the Bidder placing the
an
Business
bid, and it being received/registered by AstaGuru's server. Althoughand it being received/registered by AstaGuru's server. Although
BusinessDaysoftheAuc�onDate(“InvoiceDate”).DaysoftheAuc�onDate(“InvoiceDate”). bid,
amendmen 11.1
11.1 By par�cipa�ng in any auc�on, the Bidder acknowledges and acceptsBy par�cipa�ng in any auc�on, the Bidder acknowledges and accepts
amendments as may be made from �me to �me, the transfer ofts as may be made from �me to �me, the transfer of
the Bidder may have placed a bid within the s�pulated closingBidder may have placed a bid within the s�pulated closing
6.4 The Buyer shall pay the Total Purchase Price to AstaGuru within 7Buyer shall pay the Total Purchase Price to AstaGuru within 7 ownership shall occur only a�er statutory requirements are compliedship shall occur only a�er statutory requirements are complied the that he is bound by these Terms & Condi�ons of Sale, as may bet he is bound by these Terms & Condi�ons of Sale, as may be
6.4
The
owner
tha
schedule, nonetheless, AstaGuru receives the transmi� ed bid post thenonetheless, AstaGuru receives the transmi� ed bid post the
schedule,
(sev
with,
upda
(seven)daysoftheInvoiceDate(“Collec�onDate”).en)daysoftheInvoiceDate(“Collec�onDate”). with, and not before. The �melines for delivery shall commence onlyand not before. The �melines for delivery shall commence only closing schedule; in that event the bid will be rejected under suchschedule; in that event the bid will be rejected under such updated from �me to �me on the AstaGuru website atted from �me to �me on the AstaGuru website at
closing
a a�ertherequirementsoflawhavebeencompliedwith.�ertherequirementsoflawhavebeencompliedwith. www
www.astaguru.com. AstaGuru can make changes to these Terms and.astaguru.com. AstaGuru can make changes to these Terms and
6.5 Buyers, who are Indian Tax residents, shall pay the Total Purchase Priceers, who are Indian Tax residents, shall pay the Total Purchase Price circumstances. It shall be the Bidder's responsibility to update hiscumstances. It shall be the Bidder's responsibility to update his
6.5
cir
Buy
Condi�
Condi�ons of Sale from �me to �me without any prior no�fica�on. Itons of Sale from �me to �me without any prior no�fica�on. It
in
acc
inINRandallotherBuyersshallpayinUSD.IftheTotalPurchasePriceisINRandallotherBuyersshallpayinUSD.IftheTotalPurchasePriceis account with the relevant Proxy Bid in order to safeguard any lag-ount with the relevant Proxy Bid in order to safeguard any lag- shall
shall be the Bidder's responsibility to make himself aware of thebe the Bidder's responsibility to make himself aware of the
s
s�pulated in INR terms, then the Buyer must ensure that AstaGuru�pulated in INR terms, then the Buyer must ensure that AstaGuru 8. 8. EXTENTOFASTAGURU'SLIABILITYOFASTAGURU'SLIABILITY orien upda
orienteddelayswhileplacingindividualbids.teddelayswhileplacingindividualbids.
EXTENT
updated Terms and Condi�ons of Sale, if any before an AstaGuruted Terms and Condi�ons of Sale, if any before an AstaGuru
receives the full payment of the Total Purchase Price, irrespec�ve ofeceives the full payment of the Total Purchase Price, irrespec�ve of Auc�on.on.
r
Auc�
8.1
e exchangeratefluctua�ons,ifany.xchangeratefluctua�ons,ifany. 8.1 The descrip�on of the Lot, as contained on the Website is to the best ofdescrip�on of the Lot, as contained on the Website is to the best of
The
10.
GOVERNINGLAWANDDISPUTERESOLUTIONVERNINGLAWANDDISPUTERESOLUTION
As 10. GO 11.2 Each and every obliga�on under these Terms and Condi�ons of SaleEach and every obliga�on under these Terms and Condi�ons of Sale
11.2
AstaGuru's opinion and as represented by the source. Bidders aretaGuru's opinion and as represented by the source. Bidders are
6.6 In the event the Buyer does not pay the Total Purchase Price within thethe event the Buyer does not pay the Total Purchase Price within the
In
6.6
shall be treated as a separate obliga�on and shall be severallybe treated as a separate obliga�on and shall be severally
advised to engage and consult with independent professionals /to engage and consult with independent professionals / shall
advised
�meframe provided under Clause 6.4, he shall be liable to pay a Latemeframe provided under Clause 6.4, he shall be liable to pay a Late
� e expertsonthesame.xpertsonthesame. 10.1 en
10.1 TheseTerms&Condi�onsofSaleshallbegovernedbyandconstruedinTheseTerms&Condi�onsofSaleshallbegovernedbyandconstruedin
enforceable as such in the event of any obliga�on or obliga�ons beingforceable as such in the event of any obliga�on or obliga�ons being
Fee to AstaGuru at 2 % (two per cent) per month up to 4 months a�eree to AstaGuru at 2 % (two per cent) per month up to 4 months a�er all respects in accordance with the Applicable Laws of India, asrespects in accordance with the Applicable Laws of India, as
F
all
or becoming unenforceable in whole or part. To the extent that anybecoming unenforceable in whole or part. To the extent that any
8.2
which, 8.2 As amended from �me to �me [without giving effect to its principles offrom �me to �me [without giving effect to its principles of or
amended
AstaGuru shall not be liable for any damage or loss during transit of thetaGuru shall not be liable for any damage or loss during transit of the
which, the Sale may be subject to cancella�on and a further penalty ofthe Sale may be subject to cancella�on and a further penalty of
Clause
Clause of these Terms and Condi�ons of Sale are unenforceable, theyof these Terms and Condi�ons of Sale are unenforceable, they
Lot. Such losses must be covered by the Buyer as provided underSuch losses must be covered by the Buyer as provided under
1 %onthe“HammerPrice”.8%onthe“HammerPrice”.8 Lot. c conflictoflaws]onflictoflaws] shall be deemed to be deleted and any such dele�on shall not affectbe deemed to be deleted and any such dele�on shall not affect
1
shall
Clause7.4.7.4.
Clause
the remainder of these Terms and Condi�ons of Sale not so deleted,remainder of these Terms and Condi�ons of Sale not so deleted,
6.7
6.7 In the event the Buyer does not pay the Total Purchase Price within thethe event the Buyer does not pay the Total Purchase Price within the 10.2 the
10.2 Any dispute, claim or controversy whatsoever arising out of or inAny dispute, claim or controversy whatsoever arising out of or in
In
8.3
As
s s�pulated �meframe provided under Clause 6.4, AstaGuru shall treat�pulated �meframe provided under Clause 6.4, AstaGuru shall treat 8.3 AstaGuru shall not be liable in case the Website has any technicaltaGuru shall not be liable in case the Website has any technical c connec�on with or rela�ng to these Terms & Condi�ons of Sale,onnec�on with or rela�ng to these Terms & Condi�ons of Sale, pr
provided the fundamental terms of these Terms and Condi�ons of Saleovided the fundamental terms of these Terms and Condi�ons of Sale
including the existence, breach, termina�on or invalidity thereofthe existence, breach, termina�on or invalidity thereof
such non-payment as a breach of these Terms and Condi�ons of Salenon-payment as a breach of these Terms and Condi�ons of Sale
such problems,includingforanyfailureordelayinexecu�ngthebidsplacedoblems,includingforanyfailureordelayinexecu�ngthebidsplaced including arenotaltered.enotaltered.
pr
ar
(“Dispute”), shall first be a� empted to be resolved by good faithe”), shall first be a� empted to be resolved by good faith
via
and viatheWebsite.theWebsite. (“Disput 11.3
and Par�es shall proceed on the premise that a Dispute under ClausePar�es shall proceed on the premise that a Dispute under Clause
11.3 AstaGuru reserves the rights to store, engage with, and use all the dataAstaGuru reserves the rights to store, engage with, and use all the data
nego�a�ons between the respec�ve senior execu�ves of the Par�eso�a�ons between the respec�ve senior execu�ves of the Par�es
10 neg
10hasarisen.hasarisen.
8.4 As shar
8.4
shared by a Registered Bidder across all formats, including but noted by a Registered Bidder across all formats, including but not
AstaGuru shall not be liable for the rejec�on of any bids received posttaGuru shall not be liable for the rejec�on of any bids received post
who
the
6.8 In the s�pulated closing �me of the bid. AstaGuru acknowledges thats�pulated closing �me of the bid. AstaGuru acknowledges that who have the authority to se� le such Dispute. Nego�a�ons pursuanthave the authority to se� le such Dispute. Nego�a�ons pursuant restricted to – website registra�ons, social lead genera�on forms,estricted to – website registra�ons, social lead genera�on forms,
6.8
r
In the event the Buyer does not pay the Total Purchase Price within thethe event the Buyer does not pay the Total Purchase Price within the
t to this clause shall be requested by either Party by no�ce to the othero this clause shall be requested by either Party by no�ce to the other
ther
s�pulated �meframe provided under Clause 6.4 & 6.6, AstaGuru may at�pulated �meframe provided under Clause 6.4 & 6.6, AstaGuru may at there may be a lag period between the Bidder placing the bid and thee may be a lag period between the Bidder placing the bid and the Partyinwri�ng.artyinwri�ng. sear
s
searchengineleadforms,etc.chengineleadforms,etc.
P
i itsdiscre�ondisposetheLotasitmaydeemfit,includingbyare-auc�on.tsdiscre�ondisposetheLotasitmaydeemfit,includingbyare-auc�on. same being received and registered by AstaGuru. Bidders are advisedbeing received and registered by AstaGuru. Bidders are advised
same
11.4 AstaGuru does not sell the personal informa�on of its RegisteredAstaGuru does not sell the personal informa�on of its Registered
10.3 In the event that any Dispute is not resolved through nego�a�ons inIn the event that any Dispute is not resolved through nego�a�ons in
t to safeguard against such lags in placing individual bids by upda�ngo safeguard against such lags in placing individual bids by upda�ng 10.3 11.4
6.9
Bidders. AstaGuru, however, does share personal informa�on withs. AstaGuru, however, does share personal informa�on with
AstaGuru may at its discre�on use any third-party payment gatewaytaGuru may at its discre�on use any third-party payment gateway
6.9 As Bidder
acc
their accordance with Clause 10.2 above within 14 (fourteen) days a�er oneordance with Clause 10.2 above within 14 (fourteen) days a�er one
theiraccountwiththerelevantProxyBid.accountwiththerelevantProxyBid.
providers forcollec�ngpayments on itsDigitalPla�orms,eitherfortheoviders forcollec�ngpayments on itsDigitalPla�orms,eitherforthe
pr P Party has served a wri� en no�ce on the other Party reques�ng thearty has served a wri� en no�ce on the other Party reques�ng the thir
third par�es for the purpose for marke�ng and analy�cs services tod par�es for the purpose for marke�ng and analy�cs services to
deposit
deposit or the payment for the purchase of any item through auc�on,or the payment for the purchase of any item through auc�on, 8.5 As create and improve its marke�ng ac�vi�es, its own services andeate and improve its marke�ng ac�vi�es, its own services and
AstaGuru and any of its affiliates and (as applicable) their respec�vetaGuru and any of its affiliates and (as applicable) their respec�ve
8.5
cr
c commencement of nego�a�ons, either Party may elect to refer theommencement of nego�a�ons, either Party may elect to refer the
provideabe� erexperiencetoitsclients/customers.ovideabe� erexperiencetoitsclients/customers.
directors, officers, employees, representa�ves and advisors shall notectors, officers, employees, representa�ves and advisors shall not
or for any other purpose. Anyone who makes any payment thoughfor any other purpose. Anyone who makes any payment though
or dir dispute to media�on by a Sole Mediator, who shall either be ane to media�on by a Sole Mediator, who shall either be an pr
disput
such
such third-party payment gateway shall be bound by the Terms &third-party payment gateway shall be bound by the Terms & beliablefor anyerrors or omissions on theWebsite,inthecatalogueorliablefor anyerrors or omissions on theWebsite,inthecatalogueor
be
Advocate having at least 10 years' prac�ce at the Bombay High Courtocate having at least 10 years' prac�ce at the Bombay High Court
11.5 Un�l the Buyer pays the Total Purchase Price to AstaGuru, no �tle, rightUn�l the Buyer pays the Total Purchase Price to AstaGuru, no �tle, right
Condi�ons of that payment gateway provider in addi�on to and not inons of that payment gateway provider in addi�on to and not in inanymarke�ngcommunica�on.anymarke�ngcommunica�on. Adv 11.5 ofownershiporotherwiseshallbetransferredinfavouroftheBuyer.ownershiporotherwiseshallbetransferredinfavouroftheBuyer.
in
Condi�
with
of
with experience or training in Media�on, or a re�red High Court Judge.experience or training in Media�on, or a re�red High Court Judge.
deroga�on of these present Terms & Condi�ons. In the case of anyoga�on of these present Terms & Condi�ons. In the case of any
der
8.6
The expenses for Media�on shall be borne equally by the Par�es. Theexpenses for Media�on shall be borne equally by the Par�es. The
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conflict, those provisions shall be upheld which provide the benefit ofonflict, those provisions shall be upheld which provide the benefit of 8.6 Each and every obliga�on under these Terms & Condi�ons of Sale shallach and every obliga�on under these Terms & Condi�ons of Sale shall The 11.6
11.6 AstaGuru reserves the right to store, maintain and use any data as itAstaGuru reserves the right to store, maintain and use any data as it
Media
be
be treated as a separate obliga�on and shall be severally enforceabletreated as a separate obliga�on and shall be severally enforceable Media�on can take place at any venue mutually convenient to the�on can take place at any venue mutually convenient to the
da as Par�es or even online through a video-conferencing applica�on or anyar�es or even online through a video-conferencing applica�on or any may collect before, during or a�er any auc�on to provide any service iny collect before, during or a�er any auc�on to provide any service in
ma
data protec�on and privacy to the payer. AstaGuru does not retain anyta protec�on and privacy to the payer. AstaGuru does not retain any
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as such in the event of any obliga�on or obliga�ons being or becomingsuch in the event of any obliga�on or obliga�ons being or becoming
Cr
Credit Card or Debit Card informa�on, and all such transac�ons areedit Card or Debit Card informa�on, and all such transac�ons are the
the present or future. AstaGuru shall also have the right to use suchpresent or future. AstaGuru shall also have the right to use such
unenforceable in whole or in part. To the extent that any provision orforceable in whole or in part. To the extent that any provision or
unen othersuitablepla�ormorapplica�on.suitablepla�ormorapplica�on.
other
data as it may see fit in order to analyse, improve and market itsta as it may see fit in order to analyse, improve and market its
c
carriedoutonthethird-partypaymentgatewayprovider.arriedoutonthethird-partypaymentgatewayprovider. da
pr
provisions of these Terms & Condi�ons of Sale are unenforceable, theyovisions of these Terms & Condi�ons of Sale are unenforceable, they
10.4 In case of the failure of the media�on proceedings, any dispute arisingIn case of the failure of the media�on proceedings, any dispute arising
ser
6.10
6.10 AstaGuru may choose to receive payments through Bank Transfer orAstaGuru may choose to receive payments through Bank Transfer or shall be deemed to be deleted from these Terms & Condi�ons of Salebe deemed to be deleted from these Terms & Condi�ons of Sale 10.4 services. These data shall include any personal informa�on, auc�onvices. These data shall include any personal informa�on, auc�on
shall
data,bidhistory,pricinghistory,etc.ta,bidhistory,pricinghistory,etc.
out
and
Chequeoranyotherappropriatemeansofpayment.oranyotherappropriatemeansofpayment.
Cheque and any such dele�on shall not affect the enforceability of theany such dele�on shall not affect the enforceability of the out of or in connec�on with this Agreement, including any ques�onof or in connec�on with this Agreement, including any ques�on da
regarding its existence, validity or termina�on, shall be referred to andegarding its existence, validity or termina�on, shall be referred to and
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remainder of these Terms & Condi�ons of Sale not so deleted providedemainder of these Terms & Condi�ons of Sale not so deleted provided
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6.11 the finally resolved by arbitra�on in accordance with the Arbitra�on Rulesresolved by arbitra�on in accordance with the Arbitra�on Rules
6.11 If any statutory requirements cannot be complied with for any reasonIf any statutory requirements cannot be complied with for any reason
finally
thefundamentalTerms&Condi�onsofSalearenotaltered.fundamentalTerms&Condi�onsofSalearenotaltered.
whatsoever, AstaGuru reserves the right to terminate the transac�ontsoever, AstaGuru reserves the right to terminate the transac�on
wha
and
andcanceltheSale.canceltheSale.
113
112 113
112