auction terms



1 INTRODUCTION
Kygo AS and Rafto Foundation for Human Rights (the "Auctioneers") will auction off a "Yamaha U3
Model" piano including a brass plaque with the artist Kygo's signature (the "Item"). Further
information about the Item is provided at the web page https://www.goldenhourpiano.com/about-the-
piano.

The auction if hereafter referred to as the "Auction". The Auction starts on Saturday 30 May 2020
and will close on Saturday 6 June 2020 (the "Bidding Period").

The Auction will be held online and link for bidding will published at www.goldehourpiano.com. This
webpage, and any other web pages and links used for the Auction will be referred to in the following
as the "Auction Webpage".

People, companies or any other organization placing bids on the Item are referred to as a "Bidder".
By participating in the Auction, you understand and expressly accept the following:

2 THE BIDDER'S PLACING OF BIDS
A bid for the Item placed on the Auction Webpage is binding and cannot be changed or retracted.

3 ASSESSMENT OF BIDS IN THE AUCTION
The Auctioneers shall have the full right, at its own sole discretion, to decide which bid to accept.
The Auctioneers shall have the full right, at its own sole discretion, to refuse any bid for any reason.
The Auctioneers reasons for refusing a bid may be, but shall not be limited to, the following:
- The bid is not considered credible,
- The Bidder has not documented ability to pay the purchase price,
- Acceptance of the bid would be in violation of the Rafto Foundation's ethical guidelines,
- Acceptance of the bid would be in violation of any rules regarding money laundering, anti-
corruption or anti-bribery.

4 PAYMENT. DELIVERY OF THE ITEM
The Bidder with the bid accepted by the Auctioneers is referred to as the "Winning Bidder". The
Winning Bidder will be informed by the Auctioneers in writing after the end of the Bidding Period that
its bid has been accepted. The Winning Bidder shall pay the amount specified in the winning bid to a
bank account owned by Rafto Foundation for Human Rights as specified by the Auctioneers.
The delivery of the Item shall only take place after Rafto Foundation for Human Rights has received
the agreed amount from the Winning Bidder in accordance with the paragraph above.
The Auctioneers and the Winning Bidder shall agree on how to deliver the Item to the Winning Bidder.
All transport and insurance costs, including any taxes and duties, shall be borne by the Winning
Bidder. In lack of any other agreement between the parties, the delivery will take place Ex Works
(EXW) in accordance with INCOTERMS 2020 at the place specified by the Auctioneers.

5 DISCLAIMER OF WARRANTIES
The Item is auctioned off on an "as is" basis. The Auctioneers expressly disclaims all warranties of any
kind, whether express or implied, including, but not limited to the implied warranties of
merchantability, fitness for a particular purpose and non-infringement.
Bidder acknowledges and accepts that the Auction is conducted electronically and relies on hardware
and software that may malfunction without warning. The Auctioneers makes no warranty that the
Auction Webpage will (i) be uninterrupted, timely, secure, error-free, free of technical problems or
otherwise (ii) meet the bidder's expectation or requirements.

6 LIMITATION OF LIABILITY
The Auctioneers shall not be liable for any loss the Bidder or others may suffer as a result of the
Auction, by the use of the Auction Webpage or by actions or inactions on the part of the Auctioneers,
unless the loss is due to gross negligence or wilful breach by the Auctioneers.
The Auctioneers shall in no case be liable to the Bidders for any indirect loss, and/or other
consequential loss or loss, loss of data, profit, income, dividend, turnover etc. related to the Auction,
independent of how the damage or loss occurred.

7 GOVERNING LAW AND DISPUTES
The Auction of the Item and all related matters shall be governed by and construed in accordance with
Norwegian law. In the event of conflict between these conditions and mandatory Norwegian legislation, such
legislation takes precedence. Disputes shall be settled by ordinary courts with Bergen District Court (Nw: "Bergen tingrett") as agreed legal venue.