12. Limited Warranty

12. Limited Warranty

Subject to the exclusions and limitations set forth in this Section, we will warrant the authorship, period, culture or origin (collectively referred to as the “Authorship”) of Property offered for sale at auction and via the Online Shop for a period of 25 years from the date of the sale, as amended by oral or written notices and announcements we make (the “Limited Warranty”), as follows:

(a) We warrant the Authorship only to the original buyer of record (i.e. the registered successful purchaser) of any Property, and the original buyer must have remained the owner of the Property without disposing of any interest in it to any third party.

(b) This Limited Warranty is not assignable and does not extend to:

(i) subsequent owners of the Property, including purchasers or recipients of the Property by way of gift from the original buyer, heirs, successors, beneficiaries and assigns;

(ii) Property where the description in the Online Shop or auction catalogue states that there is a conflict of opinion about the Authorship of Property;

(iii) Property where our attribution of Authorship was on the date of sale consistent with the generally accepted opinions of specialists, scholars, or other experts;
(iv) Property where the description and identification of the Property in our Online Shop or in the auction catalogue is proved inaccurate by means of scientific methods or tests not generally accepted for use at any time during which we offered the Property for sale, or which at such time we deemed those means and tests to be unreasonably expensive or impractical, or to use them would likely in our reasonable opinion have caused damage or loss in the value of the Property; or

(v) there is no material decrease of the Property from its value had the circumstances in the previous subparagraph (iv) not occurred and the Property would have otherwise been accurately described and identified.

(c) In any claim for breach of this Limited Warranty, we reserve the right, as a condition to cancelling any sale under this Limited Warranty, to require you to provide to us, at your expense, the written opinions of two (2) recognized experts that we approve in advance. We shall not be bound by any expert report produced by you and we reserve the right to consult our own experts at our expense. If we agree to cancel a sale under this Limited Warranty, we shall refund to you the reasonable costs charged by the pre-approved experts that you commissioned.

(d) Subject to the exclusions set forth in paragraph (a) and (b) above, you may bring a claim for breach of this Limited Warranty provided that: (i) you have notified us in writing within three (3) months of receiving any information which causes you to question the Authorship of the Property, specifying the sale in which the Property was sold and corresponding lot number and the reasons why the Authorship of the Property is being questioned; (ii) you return the Property in the same condition as it was at the time of its sale; and
(iii) you are able to transfer good and marketable title in the Property, free and clear of all liens, claims and encumbrances by third parties arising after the date you purchased the Property.

(d) You understand and agree that the sole and exclusive remedy for any breach of this Limited Warranty against us and the Seller, in place of any other remedy which might be available to you as a matter of law, is the cancellation of the sale and refund of the original Purchase Price paid. Accordingly, neither we nor the Seller shall be liable for loss or damage beyond the remedy expressly provided by this Limited Warranty, whether such loss or damage is characterized as direct, indirect, special, incidental or consequential, or for the payment of interest on the original Purchase Price