South Asian Modern & Contemporary Art

This agreement ("Agreement") is entered into between Eye for Art AH Inc, ("Auctioneer"), and all buyers ("Bidders") 1. RESPONSIBILITIES OF EYE FOR ART AH INC: EYE FOR ART AH INC agrees to provide the following services to the Bidders: a) To auction the items consigned to it by the Seller and from the gallery inventory; b) To make the auction catalog available for public viewing prior to the auction date; c) To conduct the auction in accordance with standard auction practice and as set out in the auction catalog; d) To execute the sale of the items to the Buyer in the event that the Buyer is the highest bidder; e) To provide the Buyer with an invoice for the purchased items, detailing the purchase price, any taxes or fees, and any other charges related to the sale. 2. RESPONSIBILITIES OF BIDDERS: All Bidders agree to the following: a) To review the auction catalog and any supplemental information provided by the EYE FOR ART AH INC; b) To inspect the items prior to bidding, and to satisfy themselves as to the condition and authenticity of the items; c) To pay the full purchase price, including any taxes or fees, and any other charges related to the sale, within [7] days of the auction date; d) To collect the items within [21] days of payment, unless otherwise agreed in writing with the Eye For Art AH Inc. 3. SHIPPING, PAYMENT & AUCTION POLICIES Eye For Art AH Inc offers in-house shipping services, and shipping quotes will be emailed once the payment is made and disbursed to Eye For Art AH Inc. If you are sending a third party to collect, please email info@eyeforartusa.com to set up an appointment. 4. PAYMENT PROCEDURE Following are the terms of payment and payment procedure: a. All Bidders must have read, agreed, and must abide by the terms of payment and payment procedure. b. All Successful Bidders must agree to pay the buyer's premium and any other charges mentioned in the notice to bidders. c. We accept payments by cheque, wire transfers, and credit card payments of Visa and Master Card. For wire transfer payment please email us at info@eyeforartusa.com or call us for instructions. Payments via Live auctioneer are acceptable. d. Once the invoice is sent and if the customer did not contact Eye For Art AH Inc within three working days then Eye For Art AH Inc has the authority to charge payment against the invoice through the credit card information provided by the customer. 5. TERMS OF TAX: a. Sales tax may be charged on Online purchases from Eye For Art AH Inc. b. If you are tax-exempted, you should submit your tax-exempt certificate so that Sales tax should be deducted. 6. TERMS & CONDITIONS: All property offered and sold by Eye For Art AH Inc is offered and sold subject to the terms and conditions set out below. By registering to bid and/or by bidding at the online auction, the buyer agrees to these terms, we recommend that all buyers read these terms carefully. a. All items are sold as is where are. All sales are final. NO RETURNS. NO EXCEPTIONS. b. A buyer's premium of 22% will be added to the hammer price of each lot. c. All purchases (including the Buyer's Premium) are subject to Texas sales tax at 8.25% unless the buyer is an out-of-state resident and the items are being shipped out of Texas. d. This is an online auction only. Buyers are not allowed in person for bidding for this auction. e. All lots are sold "as is"; there are no returns. All item's descriptions, information, and explanations are precise and true, and neither party makes any sureties or assurances about any lots. We will provide additional photos if the bidder requests us via email aside from catalog images for their review, and assessment so that bidders can make their decisions regarding the item's condition and authenticity before the auction. Buyers are independent to make their own decision without depending on any auctioneer, advertisements, persons, or directory descriptions about the purchases. No employee of Eye For Art AH Inc is allowed to offer any sureties, securities, or assurances, whether expressed or implied. Please note that the images provided in the catalog may not be fully representative of the condition of the Lot. All weights are approximate only. f. Eye For Art AH Inc offers no warranties in connection with any lot's estimated selling price, or other issues. No allowance will be given because of any inaccuracy, cataloging error, or unnoticed defect. Damaged items will not be subject to a deduction. g. Within 48 hours, you will get an email with an invoice and instructions for paying for lots and shipping your goods. At that point, you will have the chance to get in touch with us and inform us of your preferred payment method (credit card, check, or wire transfer). We accept checks, money orders, wire transfers, Master cards, Visa, and Discover credit cards. h. All payments and settlements will be done in US DOLLARS only. i. Payments made by check take five business days to clear whereas wire transfer takes five to ten business days. j. once full payment is received then bidders will only be allowed to collect their lots. k. PAYMENT SETTLEMENT MUST BE MADE WITHIN 7 DAYS FROM THE AUCTION. If you failed to settle your payment within 7 days, your credit card will be charged for the full amount of the invoice. Within 21 days of the auction date, any items acquired from Eye For Art AH Inc must be removed, lifted, or relocated. Eye For Art won't be liable for purchased items after 21 days. (unless or unless previous arrangements have been made). l. The buyer will be in default and will be solely responsible for items purchased from Eye For Art AH Inc. Further, there will be no need or require any notice to be served from Eye For Art AH Inc. if any of the terms of the sale are not fully complied with by the buyer. The full purchase price, including any premiums, charges, and other fees incurred in accordance with the Terms of Sale, shall be the responsibility of the buyer to Eye For Art AH Inc and the consignor. Eye For Art AH Inc may, in addition to other legal options available to it, a) cancel the sale of the lot(s) on which the buyer defaulted and of any other lots sold to the defaulting buyer at the same or any other auction(s) and retain all monies paid by the buyer as liquidated damages, b) resell the purchased property at a public or private auction, or c) pursue any combination of a) and b) above. If there is a default, the buyer will be liable to Eye For Art AH Inc and the consignor for any shortfall as well as any costs and expenses, including reasonable legal fees, collection fees, late fees, and other damages. Eye For Art AH Inc may, in its sole discretion, utilize any profits of sale that would otherwise be owed to the buyer or any money or payments owed by the buyer to lessen or settle the buyer's obligations. m. Condition reports may or may not be included in the descriptions given in the online catalog format. The lack of a condition statement does not mean that the item is flawless or free from flaws, wear and tear, or the effects of aging. No condition warranty is provided by Eye For Art AH Inc, and any flaws in any Lot shall not be the responsibility of the auctioneer. All products are available for public viewing and exhibition only. Only general descriptions, measurements, and estimations are provided for the items. Prior to placing a bid, it is the buyer's obligation to check each lot to make sure the condition meets their standards. Although we try to give detailed descriptions, please note that they are provided just as a guide and that all lots will be sold "AS IS/WHERE IS" and "WITHOUT ANY GUARANTEES". Under no circumstances are returns or refunds permitted. n. After the fall of the auctioneer's hammer the winning bidder becomes instant owner of the property. The bidder will be responsible to pay the full purchase price plus the bidder's premium, applicable taxes, and any other related costs. Further, all risk and liability for the purchased Property will be the responsibility of the bidder, including all costs and expenses of handling, shipping, insurance, taxes, export, and others. o. In case of failure and returned shipment due to insufficient or incorrect address, unclaimed, or the reason enclosed with the return, Eye For Art AH Inc will contact the bidder for proper shipping information and all the additional cost/expenses incurred for second shipping will be charged to the bidder. Therefore, it is the sole responsibility of the bidder to provide the correct address and make arrangements to receive the shipment while the shipment is in transit. p. in case of damage, theft, stolen, delay, etc the bidder will be responsible to file and pursue claims with the shipping company. q. The lots sold on online auctions are based on descriptions, information, and images therefore If a Buyer suspects that an item he purchased is a forgery, he must first establish the item's legal ownership before providing the required proof, which will then be reviewed by the appropriate Eye For Art AH Inc expert and, further, a panel of experts (nominated by both the Buyer and Eye For Art AH Inc) will convene. The panel of experts' decision will be final. Please be aware that only the buyer of an item from Eye For Art AH Inc may express concerns about probable counterfeiting within three months of the date of the sale. In the event that the counterfeit of a Lot is proven, Eye For Art AH Inc shall cancel the Sale, refund the original Purchase Price paid (the successful hammer price, plus the buyer's premium) to the Buyer, return the forgery to the Seller after obtaining the Sale proceeds from the Seller if he has already been paid. The Guarantee is provided for a period of three months from the date of the relevant auction, it is solely for the benefit of the original purchaser of the Lot at the auction and may not be transferred to any third party. Eye For Art AH Inc and the seller shall not be liable for any incidental or consequential damages incurred or claimed, including without limitation, loss of profits or interest. Any investigation that must be done to prove the fake will be paid for by the seller. r. Eye For Art AH Inc has enabled online auction services for its customers who are interested to bid and buy online. The users indemnify Eye For Art AH Inc and its exhibitors against any and all claims arising out of or relating to the use of the online auction site, including all losses, compensations, obligations, and all expenses (including attorney's fees), charges, and expenses incurred in connection with a claim. By no means, including but not restricted to negligence, will Eye For Art AH Inc and its submitters be liable for any lost profits or any special, related, or substantial damages arising out of the use of it, or incapability to use, this website. if you bid absentee on Eye For Art AH Inc and/or online auctions, you are exclusively accountable for withdrawal for any or all of the inattentive bids prior to the start of the auction. if for any reason you do not or cannot do this, you will be held liable for the purchase of the property. 7. PRICE BID INCREMENT $0 $10 $100 $25 $500 $50 $1,000 $100 $2,000 $200 $5,000 $500

If you have not contacted EYE FOR ART AH INC to arrange payment within 3 days of the time that invoice is sent, we will charge the credit card you used to register for the auction for the amount of your invoice.

Online purchases from EYE FOR ART AH INC may be subject to sales tax. Please see the following for more details. If you are tax-exempt, you can submit your tax-exempt certificate to prevent the collection of tax. Learn more about tax-exemption.