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1)
M/s. Bombay Coins and Stamps is a Mumbai, India based authorized Facilitator, Dealer, Trader, Auctioneer, etc. and as such, the bonafide licensee having the trading License issued by the Archeology Survey of India (ASI) and such other permissions as are issued by the appropriate Authorities. (Hereinafter referred to as ‘the Company/Facilitator/Dealer/Trader/ Auctioneer’).
2)
The Company may/would invite offers/bids/tenders through Public and/or Private Sale by way of outright Sale and/or through Auction. There will be a Public/Private Sale by way of Auction wherein any bidding thereon constitutes Acceptance by You or at your end or by any Buyer however, strictly in terms of all the Terms and Conditions of Sale herein specifically narrated and stated for which the Offeror/Bidder/Purchaser shall be bound and liable. The Offer will be opened for Bidding (Purchase) in numerical Order. The term bidder, which may include the proposed Consignor/s or Givers who may have consigned, but not for the same item or for some other Consignor/s who may have consigned, would also be allowed to bid and consequently, purchase any Lot in the/any proposed Auction/Sale proposed to be scheduled thereof. Subject to the due compliances of all the Terms and Conditions, the highest bidder shall only be considered as the Buyer/Acceptor of the final bid. Only Indian Residents/Citizens with the Valid and subsisting Permanent Account Number (PAN)(mandatory) and/or Goods and Service Tax (GST) Certifications (if any), which may however, also include any NRI having valid and subsisting Address Proof in India, would be entitled to bid in the Sale, however, subject to the eligibility criteria.
3)
Only registered Member of ‘Bombay Coins and Stamps’ with the eligibility criteria shall only be allowed to sell and/or bid and/or purchase, as the case may be in the proposed Sale. Initially, any Bidder desirous and/or intending to bid shall be required to provide atleast two References and/or to deposit an adjustable and/or refundable interest free deposit amount with the Company for which the quantum of amount would be estimated atleast to the extent of minimum 30% of the proposed Bidding Limit of the Offeror/Bidder and shall also be required to duly comply with all the stipulated requisitions including by submitting the necessary Documents such as the Government of India issued Photo Identification (ID) i.e. PAN (mandatory), GST Details (whenever applicable), Aadhaar (if any) or Election Card or Driving License or Address Proof, etc.
4)
Any Lot may/would carry a Reserve Price. A reserve price would be a confidential Price or Bid or Offer below which, the Company shall not sale any item. The Company reserves its rights to place any Offer on behalf of the Seller upto the amount of the Reserve Price as are estimated and/or established by the Seller. Any estimated figure below each lot, shall be the Company’s estimate of an expected Price only. The Company shall not at all be held responsible and/or liable for any default and/or discrepancy either by the buyer and/or by the seller and/or otherwise for any action and/or claim which may arise in respect of any lot in any manner whatsoever and howsoever. The Company always reserves the right to participate and place offer/bid for and on behalf of the seller to the extent of the amount of any reserve price as may be assisted and/or recommended by the seller.
5)
The Company reserves all its rights to postpone and/or cancel any Sale without prior Notice which shall be in its sole discretion. Any Lot shall/would/may be withdrawn at any point of time by the Company without any Notice of any nature, even during the course of the Sale process and/or till the conclusion of the final Bid being kept opened for the Sale. (Prior or after its being kept opened for Sale.) The Company and/or the Seller shall not at all be held liable and/or responsible for any cost and/or damages or otherwise in any manner arising from and consequent to the withdrawal of any material from the Sale and/or any delay which may/might be caused in any cancellation of any Sale.
6)
The efforts and endeavors would however always be tried to be made by the Company with regard to the disclosure of the authenticity of the genuineness of any Lot which would otherwise be reportedly guaranteed by its Seller/s. In any event, despite the brochures and/or catalogues which would be describing or narrating therein any detail and particulars of any article/lot, however, in the event if any discrepancy and/or defects and/or fault/s, imperfection and/or shortcoming is being discovered and/or found in any form including with regard to the quality, quantity, potency, purity and/or standard and/or otherwise for any discrepancy and/or any lack of any authenticity which may be incompatible with that regard in respect of any lot, being found and reported by the successful bidder/the Purchaser of any Article, etc, in that even also and ever otherwise, it is specifically clarified by the company inter-alia that whenever, any Lot being specifically kept for the proposed sale and/or it being consequently sold as are shown and appearing in the Catalogue and/or on the Website of the Company with/without any/all defects, faults, imperfections and/or errors of description thereon, in that event or even otherwise, the company shall not at all be held liable and/or responsible thereon in any manner whatsoever and howsoever, to the effect that it never gives any authenticity and/or assurance and/or warranty to any bidder/buyer/ anybody in respect of any lot and shall also not at all be held liable and/or responsible for any other or any unnoticed defects, faults, imperfections and/or errors of description thereon by anyone. In any event, and even if any statement made as to any item sold, whether in the catalogues and/or during the course of the sale or otherwise, the same are merely the gestures of mere opinion only and are not/cannot/shall not at all be considered and/or construed in any manner as any authenticated statement and/or representation of any fact of whatsoever or otherwise. The company at all point of time reserves its rights in forming its own opinion and/or by consulting any expert/s and/or any reliable authority thereon as it may deem fit and proper, which also shall always be at the sole discretion of the Company. Notwithstanding anything contended & contained herein and in the forgoing, in the event, if at any point of time, by any reason/chance any lot being through any inadvertence or otherwise may be described/ discovered with any discrepancy in any material aspect or otherwise, in that event, the Buyer would be at the option to reject the same, provided however, that the Buyer shall be bound and required to give, serve and duly delivered upon the Company a Written Notice of his/her/their specific intention to do so along with the each and every specific details and particulars thereon strictly supported by the exhaustive explanation/s with regard to any such discrepancy, fault, defect etc. and shall simultaneously also be bound and required to return and deliver at the entire risk as to all the costs and consequences thereof of the bidder/buyer the same to the Company at it’s Registerted office at Mumbai. India within Seven (7) days (time being essence) from the date of the receipt thereof of the Article/Lot by the Buyer and/or at the instance of the Buyer as the case may be (time being essence). Under any circumstances, the Company even otherwise shall not at all be held liable and/or responsible for any costs, expenses and/or damages of any nature whatsoever & howsoever which may be incurred and/or caused to be incurred and/or suffered and/or caused to be suffered by the Buyer in respect of any lot, including, but not limited/restricted to, any loss of any nature/kind of any estimated profit or otherwise in whatsoever and/or howsoever manner.
7)
The Buyer shall at all point of time certainly be required to, expected to and strictly advised to ascertain and/or scrutinize at his/her/their end every lot he/she/they overall propose/intend to offer/bid/purchase for, by viewing/ascertaining/verifying in any mode including physical verification and/or from the photo/photos and/or on the Website and/or Catalogues, as the case may be. The company shall even otherwise not at all be held liable and/or responsible for any discrepancy of whatsoever and howsoever which may/might be reportedly discovered, whether upon and/or after any lot has have been removed from their original packing or not and in any event, even otherwise it is specifically clarified that each lot shall be at the buyer’s risk ever since inception of the execution of the dispatch till the completion/conclusion of the sale.
8)
Company shall even otherwise not at all be held liable and/or responsible in any manner whatsoever and howsoever for any error and/or any discrepancy on the part of the Offeror/Bidder/Purchaser/Buyer including for any incorrectly entered and/or executed bid/offer/tender through E-mail/s, WhatsApp, Phones, SMS or otherwise in any other mode of participation, and in that event, the Offeror/Bidder and/or the Purchaser shall always be held liable and/or responsible thereof including for their whatever and whatsoever offers being made otherwise including for any error and/or omission made and/or inadvertence in placing Offers/Tenders/Bids.
9)
Any Offeror/Bidder whether in an individual capacity or through any duly Authorized person/representative submitting any Offer/Bid and/or any Offeror/Bidder representing for and on behalf of any other person and/or any Company/Corporation/Trust/Institution, as the case may be, shall be deemed to has have unconditionally agreed, undertaken and covenant to be solely exclusively and absolutely personally liable and/or responsible for each and every Terms and Conditions of the Sale including but not restricted however, to the assurance and covenant of ensuing the entire payment of the final value of any Invoice thereof.
10)
Your whatever or any or all the bid/s shall always be treated and considered as your ascertained and final offer/bid and the Company shall even otherwise not at all be held liable and/or responsible for any error and/or discrepancy in bidding by and at the instance of any Offeror/Bidder. The Offeror/Bidder shall always be required to and expected to and even otherwise termed as self assured and certain in so far as whatever the bid which has have been made for any Lot. In terms of the due compliance of all the process of the conclusion of Sale, and once the Lot has been announced and qualified to be sold, the Buyer shall be unconditionally bound and liable to pay for the said Lot being bided, immaterial of any discrepancy in any manner of whatsoever and howsoever in the process thereof or otherwise.
11)
The proposed bid and the consequential Sale shall always be conducted in an Indian Rupees (INR). All the Payments shall have to be made by the successful bidder in an Indian Rupees preferably either by cheque/s / Demand Draft/s or NEFT/RTGS favoring and/or drawn on Indian Nationalized/ Scheduled/Recognized banks by the Government of India and/or by way of Bank online transfers immediately within the time specifically stipulated in terms of the Terms and Conditions, however, subject to the Buyer’s Estimated Final Offer.
12)
As specifically clarified herein that, the Company does not at all assure nor does it give any warranty of any kind in any manner whatsoever to any Offeror/Bidder/Buyer in respect of any lot and/or shall not at all be liable and/or responsible for any defect and/or fault and/or error of description of any nature howsoever. All or any statement as to any item which are finally qualified to be sold, whether made in the catalogues and/or otherwise in any other mode, at any point of time or even while during the course of the entire auction process/sale, or otherwise, it shall always be construed and/or deemed to be the mere statements of opinion only, and are not and shall not at all be construed to be in any manner any authenticated statement and/or representations of any fact/kind. The Company reserves the right in forming its mere opinion and/or to consult and rely upon any expert/s or authority/ies which opinion/s shall have to be considered by the parties as reliable. Notwithstanding the forgoing, if any lot should have been wrongly described in any material aspect, the buyer would be at the option to reject the same, provided always that the buyer shall be required to give Written Notice of the specified intention to do so and shall have to return the same to the Company within Seven (7) days from the day of the finalization of the Sale/Auction process. Under no circumstances shall the Company be held liable and/or responsible for any costs, expenses or damages which may/might have been incurred and/or caused to be incurred by the buyer in any manner whatsoever with regard to and in respect of any lot, including, but not limited to, any loss of any kind/mode of any estimated profit if any, of whatsoever.
13)
Whenever, any estimate is/are given and/or availed the same shall be construed and intended as a mere guide only and shall not in any manner be considered and/or termed as any statement of any opinion thereof. Offerors/Bidders are expected to and advised to self-scrutinize every lot they propose to bid or factually bid for, at their entire risks as to all the costs and consequences thereof.
14)
Any purchase offer and/or any final bidding Purchase Price for each lot shall be considered and construed as the Gross Hammer Price which shall be exclusive of and as such, additionally include in addition thereto also the administration / handling / Company’s profit / margin which would be calculated @12.50% towards and as and by way of the Company’s entitlement as the Margin thereon as herein referred which ultimately would qualify and quantify the Nett of the Final Sale Price and consequently upon which, the applicable GST on the said Nett Final Sale Price would additionally be chargeable, alongwith all the separate applicable handling, forwarding and/or the applicable insurance charges (if the insurance has been specifically availed and also instructed in advance by the Buyer in writing to the Company), etc. which also shall accordingly attract the applicable GST thereon, which shall also be exclusively payable by the Buyer, before the conclusion of the Sale.
15)
It is vehemently agreed and construed by the parties hereto that at all point of time all the items purchased by the Buyer, shall always be deemed to be hand delivered to the buyer/purchaser by and at the instance of the Company always from the designated Office of M/s. Bombay Coins and Stamps, Mumbai, India. However, in the event, at any point of time, if the buyer specifically requires to get any Lot or Item purchased by him/her/them/it, to be dispatched locally and/or inter-state, however, with the prior specific written instructions and/or intimation before making the final payment, through/by Registered Post with A.D. or by any other specified private courier and/or with or without insurance, if any, for which shall be at the entire risks as to the all the costs and consequences of the Buyer which would be further subject to the Buyer specifically making his/her/their/it’s own arrangement to cause such dispatch, otherwise in the absence thereof, it shall always be construed the implied unconditional authority by the Buyer to the Company and/or it’s authorized representative/s to execute such dispatch however, always at the entire risk as to all the costs and consequences of the Buyer through the available resources with the Company.
16)
It is clarified and as such, unconditionally agreed by the buyer that the final delivery of the lot shall only be executed unless and until and till the time, the entire total final Tax Invoice/bill amount has/have been duly credited in the designated/specified bank account of the Company, and that all the payments shall always be required to be made by the Buyer/s within 7 days from the date of the Final Bidding of the Sale, subject however, to the due compliances of all the terms, conditions, covenants and assurances herein stated and the Company would thereupon execute the process of the dispatch of the lot in terms of the method and mode of dispatch (whether by Hand delivery or registered Speed Post A.D. or private Courier Service) as are specifically availed and opted/instructed by the Buyer which shall be at the entire risks as to all the costs and consequences thereof of the Buyer alone.
17)
It is hereby specifically clarified which the offeror/ bidder/ buyer unconditionally confirm, agree and shall adhereto the covenants inter-alia that in terms of the specific payment schedules agreed herein and the specific agreed terms and conditions as are/may be stipulated with regard to the Sale, in that event, if upon and after the successful hammer in bidding, the offeror/bidder fails in making timely payment of the estimate of the Provisional Final Offer within the stipulated period of time, in that event the Company shall always be even otherwise authorized and/or entitled to suitably act and do such further and other steps including but not restricted to cause to further offer such Lot to be sold to the preceding offeror/s/bidder/s and/or otherwise offered by way of private treaty without any further Reference and/or Notice of whatsoever to the Buyer. It is clarified that in the event, even otherwise, while even upon and after the due payment of the amount of the Net Invoice value by the Buyer, if the Buyer fails to collect the article/lot purchased/bought in the sale, from the designated Office of the Company within the period of 14 (Fourteen) days from the date of the Payment, for any reason and/or cause of whatsoever and howsoever, the Buyer shall be liable and/or responsible to pay to the Company the applicable storage and/or safe custody charges thereof including the handling charges thereon from the date of the expiry of the fourteenth day as hereinbefore narrated till the date of the delivery which the buyer may opt, however, strictly subject to the due and entire payment of the storage &/or the safe custody charges as may be applicable as aforesaid.
18)
The offeror/bidder/the ultimate Buyer shall not at all be entitled to insist upon the Company to allow the offeror/ bidder/buyer or otherwise any other person in any manner whatsoever or howsoever to give inspection of the lot and/or even otherwise shall not at all be allowed to take the lot out of the Office premises of the Company, till the due compliances of the Final Conclusion of the Sale.
19)
Upon and after entering into the bidding process of the sale by the Buyer, it shall be construed and termed as the unconditional execution and acceptance of the legal contract by the buyer and consequently, the Buyer shall covenant and be bound and liable adhering to the acceptance and to honor all the terms and conditions of the Company in the entire Sale process and its final conclusion thereof.
20)
By registering on the Website of M/s. Bombay Coins and Stamps and/or at any point of time, by initiating and/or making and/or participating in any Offer/Bid, the Buyer thereby and thereupon shall unconditionally acknowledges his/her/their due acceptance of all the terms and conditions of the sale and shall thereby and thereupon be bound and liable including under all the applicable provisions of Indian Laws and shall always be strictly subjected to the exclusive Jurisdiction of the Mumbai Courts only.
21)
In any event and under all or any circumstances, if the Company being unsatisfied with regard to the Buyer’s approach and/or about the earlier/past experience by the Company with the Offeror/bidder, the company even otherwise shall always have all rights and sole discretion to prevent/resist such Offeror/bidder/buyers to take any participation in the proposed sale including but not restricted in any manner to any online or floor sale as the case may be, and the decision of the Company thereof shall always be unquestionable and final.
22)
Under all the prevailing provisions of law and subject to all the amendments and rulings thereof from time-to-time, unless otherwise specified contrary thereto, it shall be mandatory on the part of the Buyer while especially the Buyer dealing and/or trading any lot/transaction for any business and/or any commercial purposes for any lot/item beyond the period of 100 years hereof, to have and hold the valid and subsisting antiquities trading License/Permit/s as issued by and/or in terms of the regulatory process administered by the Archeological Survey of India (ASI) and/or any other appropriate registering Authorities and in the event of any non-disclosure and/or non-holding of any such License/Licenses by the Buyer at any point of time, it is the Buyer alone shall absolutely and exclusively liable and responsible thereof for which the Company shall not at all be held liable and/or responsible thereof in any manner whatsoever & howsoever.
23)
At all point of time, any Lot beyond 100 years old as hereof (other than Numismatic item/lots) offered/kept under the Sale by and at the instance of the proposed Seller of any Lot, it is generally expected that the same is/are accordingly certified and/or registered under the Antiquities License/Permit/s as issued by and/or in terms of the regulatory process administered by the Archeological Survey of India (ASI) and/or any other appropriate registering Authorities, as the case may be and as such, consequent to the process of Sale being executed, subject to the time frame which would require to take for the provisional transfer of the ownership of such Lot alongwith the consequential process of the registration of any antiquities in accordance with the provisions of the Antiquities and Art Treasure Act, 1972 and the Rules framed thereunder, it is clarified herein that at all point of time, all or any such lots of any antiquities, shall always be sold and/or dispatched on ‘as is where is basis’ & ‘as is what is basis’ condition meaning thereof, such item/lot is being offered and/or sold with all that existing inherent condition of item/lot with whatever faults and/or imperfections or otherwise.
24)
The Company shall at all point of time reserves its rights to accept and/or reject any or all bids whether found unreasonable or not or otherwise and/or to postpone the sale at any point of time without assigning any reason of whatsoever and howsoever.
25)
It is hereby clarified for the abundant precautions that the Company never ask and/or never insist upon to anybody about any personal Bank Account details and/or profiles with any particulars and/or information of anyone in any manner whatsoever and howsoever by any mode including but not restricted to even by sending mere Emails, and as such, the offeror /bidder/ buyer shall always have to be and is/are accordingly specifically required to be cautious and be aware from any type of contingent fraud or otherwise by any fraudsters/ scammers. In any event, even otherwise, the Company can/shall never at all be held liable and/or responsible for any such external fraud and/or scam/s which the offeror/bidder/buyer may suffer on any count of whatsoever and howsoever.
26)
All the contents of the Registered Website of the Company including all the texts, graphics, registered logo of the company, images, audios, videos, data, coding, scripts, Company’s advertisements on social network, computer program and any other materials including but not restricted to even the Screenshots of any material of and from the Official Website of the Company, etc. which are even otherwise duly protected and governed by and under the Copyright Laws governed under the laws of the Union of India as well as the various other concerned countries, and which are duly owned and/or licensed, having under the overall exclusive and absolute control of and by M/s. Bombay Coins And Stamps. Any infringement and/or any unauthorized usage and/or any violation by anybody/anyone in any manner whatsoever under any provisions of Law including under the Copyright laws, shall always be rendered liable and responsible for all such legal prosecutions, proceedings, costs and serious consequences thereof including but not limited to all the applicable stringent and/or punitive actions in civil and/or criminal Courts of Justice against any such violator.
27)
M/s. Bombay Coins and Stamps reserves its rights, in its sole discretion, to change, alter, modify, add and/or remove, rescind any or all the part of and/or portion of any TERMS AND CONDITIONS, in whole or in part, at any point of time, and would reserve it’s rights to post any revised version thereof on the official Website of the Company, and subject to all the recitals herein, any change in any manner whatsoever and howsoever with regard to any Terms and Conditions, which shall accordingly be effective from the date of its actual posting, and the same shall always be binding upon all concerned including the offeror/bidder/buyer.
28)
The Company would even otherwise not at all be held liable and/or responsible particularly with regard to any description of any Lot as are tried to be narrated and/or specified in the Brochure and/or Catalogue and/or the official Website of the Company which would be preferably described in an English Language concerning the proposed Sale, however, in the event the same are in any manner tried to be translated and/or being translated by anybody by using any method or mode of translation, including but not restricted to the Google Translation, for which and even otherwise the Company shall not at all be held liable and/or responsible with regard to any accuracy and/or authenticity and/or admissibility under any law or for any provisions of law and/or legal purposes.
29)
It is vehemently understood and notified to all concerned inter-alia that, any picture/s and/or color/s or toning which may be enlarged and/or reduced with or without specifying the scale measurements thereon; in any of such cases, the picture/s and/or color/s/toning may appear different in the actual picture/s and/or color/s/toning, for which the Offerors/Bidders/Buyers shall at his/her/their all point of time entire endeavor be required to appropriately self-examine the items/lots personally before making and/or finalizing the offer/bidding.
30)
All the sale shall always strictly be subject to the exclusive Jurisdiction of the Mumbai Courts only.
31)
Statutory Note: At all point of time, all the Buyers are deemed to be aware about all the statutory provisions of law however, are hereby strictly intimated, informed and notified as contemplated under the prevailing provisions of law, inter-alia that any item/lot over the period of 100 years old hereof cannot at all/shall not at all in any manner whatsoever & howsoever be dealt and/or taken out of India without the prior written appropriate requisite permission and/or consent of the office of The Director General, Archaeological Survey of India, Janpath, New Delhi - 110011, India and/or which may be situated at any other place and/or any other Governing Authorities of India, as may be applicable and/or required.
 
 
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