Page 214 - The Exceptionals - Jewellery, Timepieces & Silver

TERMS AND CONDITIONS OF SALE TERMS AND CONDITIONS OF SALE

to AstaGuru recording any telephonic conversations. The telephone bids demonstrating that the Lot is deemed inauthentic by an established timeframe provided under Clause 6.4, he shall be liable to pay a Late Fee with these Terms and Conditions of Sale.
are governed by these Conditions of Sale. and acknowledged authority; to AstaGuru at 2 % (two per cent) per month up to 4 months after which, 9.2 All Lots offered in an AstaGuru Auction are in its 'present/current
c) In the case of telephone bids, at about the time the Lot comes up for b) the Lot should be in the same condition as it was at the time of purchase the Sale may be subject to cancellation and a further penalty of 18% on condition' encompassing all existing faults and imperfections. Bidders
auction, attempts will be made to contact the Bidder by telephone and, from AstaGuru, subject to AstaGuru's satisfaction; and the “Hammer Price”. are advised to inspect each Lot carefully before bidding.
if successful, the Bidder may then participate in the auction through the c) any expenses incurred by AstaGuru in recovering the amount 6.7 In the event the Buyer does not pay the Total Purchase Price within the 9.3 The Buyer shall be liable for all the packing, insurance, shipping or
AstaGuru staff. The Bidder accepts that such contact is at the Bidder's refundable under Clause 5.5 shall be borne by the Buyer. stipulated timeframe provided under Clause 6.4, AstaGuru shall treat handling charges in connection with the sale of the Lot.
risk. AstaGuru does not take any liability or responsibility should there be 5.4 List of Authenticators- If the Lots are Memorabilia, AstaGuru relies on the such non-payment as a breach of these Terms and Conditions of Sale 9.4 The Buyer shall be liable for any duties or taxes in addition to the Total
any interruption or suspension of phone services. below mentioned 3rd party authenticators, as may be updated from time and Parties shall proceed on the premise that a Dispute under Clause 10 Purchase Price under Clause 6.2 in connection with the sale of the Lot.
d) The Bidder accepts that in the event that the telephone link is not to time, at AstaGuru's discretion. has arisen. 9.5 All Lots classified as Antiquities or Art Treasures under the Antiquities and
established, or breaks down, or there is any confusion or disruption, then  PSA / DNA, based out of Newport Beach, California, United States 6.8 In the event the Buyer does not pay the Total Purchase Price within the Art Treasures Act, 1972 are non-exportable and cannot be taken out of
the Bidder will not be able to participate in the Auction. of America. stipulated timeframe provided under Clause 6.4 & 6.6, AstaGuru may at India. Any attempt to export such a work without the express permission
e) AstaGuru will not be held responsible for instructions or authorizations  Authentic Autographs Unlimited (AAU), based out of Las Vegas, United its discretion dispose the Lot as it may deem fit, including by a re-auction. of Archaeological Survey of India (ASI) shall entirely be at the Buyer's risk.
given to them which are unclear or incomplete, and in the case of unclear States of America 9.6 All Lots deemed to be a 'Notified Antiquity' under the Antiquities and Art
or incomplete instructions, such bids will not be accepted and/or placed  James Spence Authentication (JSA), based out of Florida, United 7. DELIVERY AND COLLECTION OF PURCHASED LOT Treasures Act, 1972 need to be registered with ASI. After such a Lot is
in the concerned auction. States of America. 7.1 Subject to receipt and clearance of the Total Purchase Price, AstaGuru sold at the auction, it is the Buyer's responsibility to intimate the ASI of
f) If it is impossible to obtain telephone contact or the link breaks down,  Online Authentics, based out of California, United States of America. shall ship the Lot to the Buyer within 7 Days from receipt of the Total such transfer.
AstaGuru is authorised to continue to bid on behalf of the telephone  Beckett Authentication Services (BAS), based out of Phoenix, Arizona, Purchase Price (“Date of Payment”). 9.7 Due to the unpredictable nature of internet/Mobile App data network,
bidder up to the maximum bid last stated over the call. United States of America. 7.2 All delivery durations / periods mentioned shall only be an estimate based there may be a lag period between the time of the Bidder placing the
g) The Bidder shall have to provide his Login access, including the password  Guaranteed Forensic Authenticators (GFA), based out of United States on past experience and estimates given by our delivery partners and shall bid, and it being received/registered by AstaGuru’s server. Although the
to his account to an AstaGuru representative, who will then place the Bid of America. not be construed to be a guarantee. Bidder may have placed a bid within the stipulated closing schedule,
on his behalf. If the password is not available with the Bidder, he may  Firma Stella based out of United Kingdom 7.3 Subject to receipt and clearance of the Total Purchase Price payable by nonetheless, AstaGuru receives the transmitted bid post the closing
choose to generate an OTP from the AstaGuru website, which he will  Field of Dreams, based out of Texas, United States of America. the Buyer, the Buyer may also opt to collect the Lot from AstaGuru at his schedule; in that event the bid will be rejected under such circumstances.
have to provide to the AstaGuru representative to access his account. The  Online Authentics, based out of California, United States of America. own expense and responsibility. It shall be the Bidder’s responsibility to update his account with the
Bidder is advised to change his account password after the end of each  Antiquities Experts, based out of New York, United States of America. 7.4 Any Buyer who opts to collect the Lot from AstaGuru under Clause 7.2 but relevant Proxy Bid in order to safeguard any lag-oriented delays while
auction when he has disclosed his password or the OTP to any AstaGuru  Wonderland Memorabilia, based out of Nottingham, UK has not collected the said Lot within 30 days from the Date of Payment placing individual bids.
representative to avoid any unauthorised account access in the future.  Antiquities of California (AOC), United States of America shall be charged a demurrage/storage fee at 2% per month on the Total
h) The Bidder indemnifies AstaGuru from any claims and damages that he  SchwartzSportsAuthentic.com Purchase Price of the Lot calculated from the Date of Payment. 10. GOVERNING LAW AND DISPUTE RESOLUTION
may incur as a result of him disclosing his account access details to an  Upper Deck Authenticated (UDA), based out of California, United 7.5 The Buyer shall be liable to insure the Lot against any damages or losses 10.1 These Terms & Conditions of Sale shall be governed by and construed in
AstaGuru representative. States of America. in transit. all respects in accordance with the Applicable Laws of India, as amended
 International Cricket Council (ICC) based out of Dubai, United Arab 7.6 Unless the description of the Lot stipulates otherwise, all purchased Lots from time to time [without giving effect to its principles of conflict of laws]
4.7 Personalized Bid Notifications Emirates. Autograph Collectables, based out of California, United are packed & dispatched as per AstaGuru’s determination of the best 10.2 Any dispute, claim or controversy whatsoever arising out of or in
a) The Bidder shall be kept informed about the progress of his bids at States of America. mode of shipping. However, if the Buyer prefers an alternative, the same connection with or relating to these Terms & Conditions of Sale, including
an AstaGuru Auction, including when he is outbid or when he wins a  Icons.com. may be implemented at the Buyer’s cost & responsibility. AstaGuru will the existence, breach, termination or invalidity thereof (“Dispute”), shall
particular Lot by e-mail and mobile alerts.  Online Authentics, based out of California, United States of America. invoice the buyer for costs incurred in relation to the foregoing and shall first be attempted to be resolved by good faith negotiations between the
4.8 By bidding at an AstaGuru Auction, the Bidder makes an irrevocable offer to  Authenticatedsignedink.com. not incur any responsibility for any damage that may be caused to the Lot respective senior executives of the Parties who have the authority to settle
during transit.
purchase the Lot. Such an offer shall be deemed to be accepted when the 5.5 If the Buyer's claim to challenge the authenticity of the Lot under Clause such Disputes. Negotiations pursuant to this clause shall be requested by
either Party by notice to the other Party in writing.
bid placed by the Bidder is the ‘Hammer Price’ for any Lot in an auction. 5 is successful, the Buyer shall be refunded the Total Purchase Price (as 7.7 In the case of international shipments, International Chamber of 10.3 In the event that any Dispute is not resolved through negotiations in
Commerce (hereinafter: ICC) EXW (Mumbai), Incoterms 2020 shall be
defined below), subject to recovery of such amount by AstaGuru from the
4.9 Bids may be placed in USD or INR. All foreign currency exchange rates source of the Lot. applicable to these Terms & Conditions of Sale. accordance with Clause 10.2 above within 14 (fourteen) days after
during an AstaGuru Auction shall be based on a constant rate. However, 5.6 In the unlikely event that any Lot is proved to be inauthentic to AstaGuru’s one Party has served a written notice on the other Party requesting the
they are subject to change after each session. satisfaction, within a period of 1 month from the date the Lot is collected 8. EXTENT OF ASTAGURU'S LIABILITY commencement of negotiations, either Party may elect to refer the dispute
4.10 AstaGuru reserves the right to accept, record and reject any bid. by the Buyer from AstaGuru, AstaGuru shall be liable to pay back the Total 8.1 The description of the Lot, as contained on the Website is to the best to mediation by a Sole Mediator, who shall either be an Advocate having
of AstaGuru's opinion and as represented by the source. Bidders are
4.11 AstaGuru reserves the right to reject the highest bid from any Bidder on Purchase Price minus any shipping charges, to the Buyer. The Lot shall be advised to engage and consult with independent professionals/experts on at least 10 years’ practice at the Bombay High Court with experience
the Auction Date, at its sole discretion. returned to AstaGuru by the Buyer in the same condition as it was, when the same. or training in Mediation, or a retired High Court Judge. The expenses
it was delivered, at the Buyer’s expense and responsibility.
4.12 Once the Bidder has placed a bid and/or a proxy bid, the Bidder cannot 5.7 The Buyer shall be responsible for any expenses that AstaGuru may 8.2 AstaGuru shall not be liable for any damage or loss during transit of for Mediation shall be borne equally by the Parties. The Mediation can
take place at any venue mutually convenient to the Parties or even online
cancel such a bid. need to incur in order to authenticate the Lot, in the case of any claim the Lot. Such losses must be covered by the Buyer as provided under through a video-conferencing application or any other suitable platform
4.13 The closing bid is considered to be the winning bid only if such a bid of inauthenticity. Clause 7.4. or application.
exceeds the Reserve Price. 5.8 In the unlikely event that a Lot is proved to be inauthentic, AstaGuru shall 8.3 AstaGuru shall not be liable in case the Website has any technical 10.4 In case of the failure of the mediation proceedings, any dispute arising out
problems, including for any failure or delay in executing the bids placed
4.14 In the event a bid is placed under three minutes from the closing schedule raise a claim for refund of money with the original owner/source. If the via the Website. of or in connection with this Agreement, including any question regarding
of the Lot, the closing time for that Lot will be reset to three minutes. This original owner/source fails to refund the amount, the Buyer shall authorise 8.4 AstaGuru shall not be liable for the rejection of any bids received post the its existence, validity or termination, shall be referred to and finally
process shall continue until there are no further bids placed under three AstaGuru and cooperate in any manner possible to recover the amount stipulated closing time of the bid. AstaGuru acknowledges that there may resolved by arbitration in accordance with the Arbitration Rules of the
minutes remaining for the end of the auction. as may be due and payable by the original source/owner to AstaGuru, by be a lag period between the Bidder placing the bid and the same being Mumbai Centre for International Arbitration (“MCIA Rules”), which rules
4.15 AstaGuru reserves the right to rescind the sale within 7 (seven) Business adopting any appropriate legal proceedings. received and registered by AstaGuru. Bidders are advised to safeguard are deemed to be incorporated by reference in this clause. The seat of the
arbitration shall be Mumbai. The Tribunal shall consist of one arbitrator,
Days of the Auction Date on account of a breach of any of these Terms and 6. PAYMENT BY THE BUYER against such lags in placing individual bids by updating their account with appointed with the mutual consent of both parties. The language of the
Conditions of Sale. 6.1 The title and ownership interest in the Lot shall be transferred in favour of the relevant Proxy Bid. arbitration shall be English. The law governing this arbitration agreement
the Buyer, along with the assignment of the Copyright that AstaGuru owns, 8.5 AstaGuru and any of its affiliates and (as applicable) their respective
5. AUTHENTICITY only after all payment due under Clause 6 is received by AstaGuru in its directors, officers, employees, representatives and advisors shall not be shall be The Arbitration & Conciliation Act, 1996, or any statutory
5.1 AstaGuru assures on behalf of the source/owner of the Lot, the authenticity liable for any errors or omissions on the Website, in the catalogue or in any amendment or modification thereof. The law governing the contract
bank account notified to the Buyer for payment through bank transfer.
of the Lot on its Website to the best of its knowledge and abilities. AstaGuru 6.2 The Total Purchase Price payable by the Buyer to AstaGuru shall include marketing communication. shall be the Indian Contract Act, 1872, or any statutory amendment or
relies on the authenticity guarantees given by the source of the Lot and 8.6 Each and every obligation under these Terms & Conditions of Sale shall modification thereof. All the costs and fees to be borne by the parties to
cannot be held liable for its accuracy. Buyers are advised to conduct their the Hammer Price, AstaGuru Buyer’s Margin and any shipping, packing be treated as a separate obligation and shall be severally enforceable these Terms & Conditions of Sale in equal measure without recourse to
and handling charges incurred by AstaGuru in connection with the Lot, as
independent verification of the Lot for its authenticity and condition. as such in the event of any obligation or obligations being or becoming recovery of costs. Any reference to Arbitration under the terms of these
calculated by AstaGuru.
5.2 The Buyer may, subject to conditions under Clause 5.3, raise a claim 6.3 AstaGuru shall raise an invoice in favour of the Buyer within 3 (three) unenforceable in whole or in part. To the extent that any provision or Terms & Conditions of Sale, shall be made by either Party in writing. The
challenging the authenticity of the Lot within 1 month from the date the provisions of these Terms & Conditions of Sale are unenforceable, they Courts in Mumbai shall have exclusive jurisdiction in relation to any court
Business Days of the Auction Date (“Invoice Date”).
Lot is collected by the Buyer from AstaGuru. A claim for refund in the 6.4 The Buyer shall pay the Total Purchase Price to AstaGuru within 7 (seven) shall be deemed to be deleted from these Terms & Conditions of Sale and proceedings, arising under, out of, or in relation to the arbitration. All costs
case of any inauthenticity of the Lot may be made only by the Buyer, any such deletion shall not affect the enforceability of the remainder of related to the Arbitration shall be borne by both the Parties equally.
days of the Invoice Date (“Collection Date”).
and nobody else. If the Buyer transfers the Lot to any other entity, that 6.5 Buyers, who are Indian Tax residents, shall pay the Total Purchase Price these Terms & Conditions of Sale not so deleted provided the fundamental 10.5 Each of the Parties hereby acknowledges and agrees that its failure to
entity shall not be eligible to make any claim against AstaGuru for any Terms & Conditions of Sale are not altered. participate in arbitration proceedings commenced pursuant to Clause
reason whatsoever. in INR and all other Buyers shall pay in USD. If the Total Purchase Price 10.4 above in any respect or to comply with any request, order or direction
5.3 In order to successfully raise a claim to challenge the authenticity of the is stipulated in INR terms, then the Buyer must ensure that AstaGuru 9. EXTENT OF BUYER'S LIABILITY of the arbitrator shall not preclude the arbitrator from proceeding with
Lot under this Clause 5: receives the full payment of the Total Purchase Price, irrespective of 9.1 Securing the winning bid shall be deemed to result into an enforceable such arbitration and/or making a valid final award.
exchange rate fluctuations, if any.
a) the Buyer shall be required to produce examinable proof clearly contract of sale between AstaGuru and the said Bidder in accordance 10.6 The decision/ award of the arbitrator shall be made in writing and shall be
6.6 In the event the Buyer does not pay the Total Purchase Price within the