General conditions of sale

Works are selected by the organisers on the strength of their quality and of collector interest, and offered at a base price agreed with the owner. Selected works are on view for three days and are auctioned at a ceremony on the evening of the fourth day.

Prices are set in an open auction, at the final hammer price.

Works are sold in the order of their numbers in the exhibition catalogue.

The auction ends when the hammer falls on the highest bid. The final bidder is bound to buy the work at that price.

Only applicants who have registered in advance and received a bidding number may take part. There is no limit on the number of works a buyer may purchase, but the seller or owner of a work may not bid on it.

For the buyer, a binding contract of sale is formed when the bidding number is shown and the hammer falls; this constitutes acceptance and conclusion of the sale of the work.

Works can be bought in three ways:

• In person: register, complete the in-person purchase form and bid in the room.
• By telephone: register, complete the remote purchase form and bid by telephone during the sale.
• By commission: register, complete the commission purchase form and instruct the auctioneer to bid on your behalf up to your stated maximum.

The auctioneer may act for a third party as an applicant, as set out in clause 7, and on behalf of the buyer purchase the work in compliance with all the conditions of sale, pay the price, collect the work and deliver it to the buyer.

Each work carries a low and a high estimate. Bidding usually opens below the low estimate and rises in the following increments:

With the owner's consent, the auctioneer sets a figure below the estimate as the reserve, or base price, and may sell the work on the owner's behalf at or above it. If no reserve is set, the auctioneer may sell the work at or above the low estimate.

The auctioneer is not the owner of the works. It sells them only as agent for the owner, or for the owner's legal, contractual or court-appointed representative, who has granted all the rights needed to carry out these conditions.

The auctioneer's fee (commission) is solely for preparing and holding the auction and for facilitating the transaction.

If, at any stage before a work is sold, the auctioneer has doubts about its authenticity, its ownership, any other information given by the owner, or for any other reason, it may withdraw the work from the sale unconditionally.

The authenticity of every work offered at Baran has been examined and established by reputable specialists. If the authenticity of a work is challenged, the opinion of official experts applies (the opinion of three official experts is required to prove the claim). In that case the auctioneer is responsible for following up with the buyer, returning the work to the seller and transferring the funds from the owner to the buyer, and the owner is liable to the auctioneer for any resulting damages and for payment under clauses 16 and 19.

The buyer must pay the purchase price to the auctioneer, on the owner's behalf, within two weeks to one month of the sale, by crossed cheque payable to the auctioneer's account or by transfer to the account announced at the sale. Works are handed over at the Baran gallery in Tehran within one week of payment being received in Iran.

To protect the country's cultural and historical heritage, and under the law of the Islamic Republic of Iran prohibiting the export of cultural and historical objects more than a hundred years old, the auctioneer sells such works only to Iranian nationals with an address and postcode in Iran, and hands them over at the Baran secretariat. After the sale, neither the owner nor the auctioneer is responsible for where the work is moved or kept.

For a work sold at auction, the owner pays the commission agreed with the auctioneer, at the percentage set in the contract. It is deducted from the sale proceeds and the balance is paid to the owner in line with the buyer's payment terms. Settlement with the owner follows receipt of the buyer's payment and takes place between 35 days and six months after the sale.

Any legal charges, taxes and other deductions arising from the purchase or sale of a work under the applicable laws are borne by the buyer or the seller. As explained in clause 5, the auctioneer has no liability for them.

To cover storage, transport and insurance of the works against transport risks, the owner pays an amount equal to two per cent of the final sale price.

If a work does not sell, its owner pays the costs under clause 18 and any further costs such as restoration or framing. The auctioneer may, at its discretion, replace or choose the frame of a work.

All disputes arising from these conditions or from any purchase or sale of works of art may be settled by negotiation. Failing that, the courts of Tehran have jurisdiction.

The substantive law governing the contract and these conditions is the law of the Islamic Republic of Iran, even where the contract is drawn up outside Iran. Any dispute or claim connected with it is interpreted and heard under the laws of the Islamic Republic of Iran and in line with clause 20.

In the event of unforeseen events and force majeure, including but not limited to natural disasters such as flood, earthquake and fire, strikes, war, pandemic, quarantine, unforeseen economic or political change, revolution, coup and acts of terrorism, performance of these conditions and of the auctioneer's obligations under the contract is postponed or cancelled until the restrictions are lifted and normal conditions return.