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- BCCL does not and shall not at any time be required to give any specific warranty of increase in the revenue or enhancement in brand value of the Seller by associating himself/ herself with the Exhibitions and/or Auction.
- Exhibition and Auction is being organized and conducted solely by BCCL and that the Seller’s role is limited to providing the artworks. The Seller further understands and acknowledges that his/her/its artwork may or may not find a buyer and BCCL/Auctioneer does not guarantee the sale of Seller’s artwork.
- The estimated price range mentioned before the Auction and the final hammer price on which the artwork may be sold at the auction may differ.
- The Seller authorises the Auctioneer (Saffron Art) to collect the sale proceed(s) from the buyer of the artwork(s) on Seller’s behalf and further authorises the Auctioneer to transfer such proceeds to BCCL.
- All sales of Seller’s artwork on display at Exhibition shall be handled through BCCL only.
- The Seller shall not sell any artworks consigned to BCCL independently from BCCL during Consignment Period (as defined hereafter).
- If within one year of the sale of the artworks any claim with respect to the authenticity of the artwork/s is made against BCCL by the buyer / Auctioneer and BCCL is satisfied that the claim for authenticity is well founded, BCCL shall be entitled to rescind the sale and the Seller shall be liable to refund to the BCCL the entire amount realised by the Auctioneer from the sale of such artwork/s.
- If, during a period of one year of the sale, the buyer / Auctioneer proves to BCCL’s reasonable satisfaction that the Description of the Artwork/s is inaccurate and if in BCCL’s opinion bidders being aware of the error or omission would have bid significantly less than the actual sale price, then BCCL shall be entitled to rescind the sale and the Seller will be liable to refund to the BCCL the entire amount realised by the Auctioneer from the sale of such artwork/s and shall indemnify BCCL against any claim arising therefrom.
- There should be no pending claims, actions, suits or proceedings against seller in respect of the artworks and that none of the artworks is the subject matter of any dispute.
- Seller either owns the artwork or is authorised to sell it on behalf of the artist and is able to transfer good and marketable title over the artworks to the BCCL, free from any liens, encumbrances, unpaid taxes or dues or charges.
- The Seller undertakes and agrees, to execute all documents necessary to transfer ownership of the artwork to the buyer and fulfill any other requirement under any applicable law or regulation for successful conclusion of sale of the artwork.
- The artworks are genuine, authentic, original work and match the. Further, the Seller represents and warrants that the artwork shall not be libelous, unlawful or infringing upon any third-party intellectual property rights, privacy rights or other related rights of third parties and shall contain no obscene, blasphemous or improper material.
- The Seller represents and warrants that he/she/it has obtained all necessary permissions from the artist permitting BCCL and/or its affiliates to use the name, likeness and biographical information and a photo of the artist, as also the image/thumbnail of the artwork in connection with the exercise of any of such rights, and in advertising and publicity in connection therewith.
- The Seller shall indemnify and keep BCCL, its directors, officers and employees indemnified against all claims, damages, losses expenses, fees, suits, proceedings, actions, costs (including reasonable legal costs and expenses), liabilities, etc that may be filed by any third party and/or artists against BCCL or losses, demands or damages suffered by BCCL (collectively, “Losses”) arising on account of: (i) negligence, wilful misconduct, intentional misrepresentation, fraud and/or falsification of data on part of the Seller (ii) non-performance and/or breach of contractual obligations; (ii) breach of representations and warranties; (iii) acts/omissions by the Seller (iv) infringement of third party intellectual property rights; (v) contravention of any applicable laws, rules and regulations.
- The Seller agrees and declares that neither BCCL nor any of its officials, officers, employees, agents, associates, consultants or volunteers shall be responsible or held liable howsoever for any loss or damage to the artwork including but not limited to, on account of theft, vandalism, destruction, mutilation, wear and tear. The Seller will not be entitled to seek any damages, compensation or any other remedy whatsoever against BCCL. Seller acknowledges that he/she/it has been advised that BCCL will purchase insurance coverage to protect against the risk of loss, vandalism, theft, damage, and destruction of his/her/its artwork.
