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LIEN AND TRANSFER OF TITLE If in the interregnum, any taxes or duties are paid, these shall not be returned
Pundole’s shall be entitled to retain all property sold in various lots to the
same purchaser, until amounts due to them from such purchaser have been
received in full. Subject to this the Buyer may collect the properties within the It is the seller’s responsibility to return the net amount received to Pundole’s
prescribed time frame.
Risk and responsibility for the lot (including frame, glass and other breakable
materials where relevant) and transfer of title passes to the buyer only after
payment is received in full. At no point is copyright transferred to the buyer.
Pundole’s has the right to have a lien on the purchases for which payment is
due until all outstanding dues are paid. All works can only be collected or
shipped only upon receipt of all dues.
REGISTERED ANTIQUITIES AND NATIONAL ART TREASURES
All works as classified by the Government of India’s Antiquities and Art
Treasures Act of 1972 as National Art Treasures, and, all property that is
either registered with the Archaeological Survey of India or over one hundred
years old is NON-EXPORTABLE and cannot be taken out of India. The works
will be subject to all local taxes.
Please do note that all items that are registered with the Archaeological
Survey of India, or, are over one hundred years old, or, are National Treasures
whether specifically indicated in the catalogue or otherwise, cannot be
exported out of India. Pundole’s have taken all efforts to determine such lots
but do not take responsibility for any lack of information or oversight.
All works deemed to be over one hundred years old, which are classified by
the Government of India and the Archaeological Survey of India (ASI) as
Antiquities need to be registered with the office of the ASI. For works already
registered, the ASI requires that ownership be transferred into the new
owner’s name post the auction. While Pundole’s will assist with the process,
all responsibility to abide with the guidelines and rules as provided by the ASI
is the sole responsibility of the buyer. Please refer to the section titled
REGISTERING ANTIQUITIES in the ‘How to Buy at Pundole’s’ section.
LIMITED WARRANTY
Pundole’s make no warranties whatsoever, directly or indirectly with respect
to any material in the catalogue with the exception of the Author, name of the
artist or a basic description of the property as stated in the opening line of
each lot in capital letters.
If there is any dispute regarding a lot that has been proven wrong to
Pundole’s satisfaction (as subject to the terms laid out below), Pundole’s will
cancel the sale and refund the total amount (hammer price plus buyer’s
premium excluding all taxes) to the buyer. The buyer will hand the disputed
property back to Pundole’s. This clause is subject to the following:
a) The period for this warranty is applicable for 3 years from the date of
the sale.
b) The current owner of the property is the original buyer from Pundole’s, as
demonstrated through invoice records, including being the only owner
from the date of the sale to the date of the dispute being brought to
Pundole’s.
c) The artwork in dispute must be returned to Pundole’s in the same
condition as it was handed over in at the time of purchase.
d) The reasons for the dispute should be made in writing to Pundole’s with
all supporting evidence including two expert opinions from leading
scholars in the field that should be mutually agreed upon by the buyer
and Pundole’s.
e) Pundole’s and the buyer have a right to examine the property together
and discuss the reasons for the dispute before cancelling the sale and
refunding the money to the buyer. Pundole’s will have the right to make
the final decision.
f) The artwork is without doubt the same work that was purchased at
auction.
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or reimbursed by Pundole’s and Pundole’s shall have no liability on this
account whatsoever.
writing a period of 30 days, and it is Pundole’s responsibility to add the buyer’s
premium and refund the total amount to the buyer within a period of 10 days.
If the seller does not return the money to Pundole’s, Pundole’s is not liable to
return the disputed property back to the Seller.
PUNDOLE’S LIABILITY
Pundole’s agrees to refund the money in the case of a disputed sale as set
out in the preceding clause. Any damages incurred during shipping, packing,
handling are not within the purview of Pundole’s liability.
Apart from what is stated above, neither the seller nor Pundole’s, any of its
employees, offices or agents shall be responsible for or give any guarantee,
representation or warranty of any kind or assume any liability for the
accuracy or correctness of any statement of whatever kind concerning any
Property, concerning authorship, date, medium, origin, authenticity,
exhibition history, historical relevance, provenance, attribution, or any lack of
information provided, or any omissions, faults or defects in any lot.
It is agreed and understood that the recession of a sale and the refund of the
Hammer price and the Buyer’s premium paid by the Buyer at the time of
purchase is the sole remedy that may be sought by the Buyer, and such
remedy is exclusive and in lieu of any other remedy which may be available
under law. Pundole’s shall not be liable for any incidental or consequential
losses or damages incurred or claimed.
COPYRIGHT
All images, illustrations and written material printed in this catalogue is the
sole property of Pundole’s and should not be used by anybody including the
buyer without prior permission. Copyright and all other rights are not
transferred to the buyer during the sale of an artwork. All trademarks, logos
are a registered trademark of Pundole’s. Any rights not expressly granted
herein are reserved.
WAIVER
No failure to exercise nor any delay in exercising any right, power, privilege or
remedy under this Agreement 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 this Agreement shall
prevent any further or other exercise thereof or the exercise of any other
right, power, privilege or remedy.
SEVERABILITY
If any part of the Conditions of Sale is found by any court to be invalid, illegal
or unenforceable, that part shall be discounted and the rest of the conditions
shall continue to be valid to the fullest extent permitted by the law.
LAW AND JURISDICTION
In the event of any disputes and differences arising between the parties
pertaining to this agreement the same shall be referred to the arbitration of a
Sole Arbitrator appointed under the provisions of the Arbitration and
Conciliation Act, 1996. The Arbitration shall be conducted in English and the
venue thereof shall be Mumbai and in English. The Courts in Mumbai shall
have exclusive jurisdiction.