後會可期 - Roger Keverne Ltd 告別拍賣

NOTICE TO BIDDERS
This notice is addressed by Bonhams to any person who may be
interested in a Lot, and to all persons participating in the auction
process including auction attendees, Bidders and potential Bidders
(including any eventual Buyer of the Lot). For ease of reference we refer
to such persons as “Bidders” or “you”. Our List of Definitions and
Glossary is incorporated into this Notice to Bidders. It is at Appendix 3
at the back of the Catalogue. Where words and phrases are used in
this notice which are in the List of Definitions, they are printed in italics.
IMPORTANT: Additional information applicable to the Sale may be set
out in the Catalogue for the Sale, in an insert in the Catalogue and/or in
a notice displayed at the Sale venue and you should read them as well.
Announcements affecting the Sale may also be given out orally before
and during the Sale without prior written notice. You should be alert to
the possibility of changes and ask in advance of bidding if there have
been any.
1. OUR ROLE
In its role as Auctioneer of Lots, Bonhams acts solely for and in the
interests of the Seller. Bonhams’ job is to sell the Lot at the highest
price obtainable at the Sale to a Bidder. Bonhams does not act for
Buyers or Bidders in this role and does not give advice to Buyers or
Bidders. When it or its staff make statements about a Lot or, if
Bonhams provides a Condition Report on a Lot it is doing that on
behalf of the Seller of the Lot. Bidders and Buyers who are themselves
not expert in the Lots are strongly advised to seek and obtain
independent advice on the Lots and their value before bidding for
them. The Seller has authorised Bonhams to sell the Lot as its agent on
its behalf and, save where we expressly make it clear to the contrary,
Bonhams acts only as agent for the Seller. Any statement or
representation we make in respect of a Lot is made on the Seller’s
behalf and, unless Bonhams sells a Lot as principal, not on our behalf
and any Contract for Sale is between the Buyer and the Seller and not
with us. If Bonhams sells a Lot as principal this will either be stated in
the Catalogue or an announcement to that effect will be made by the
Auctioneer, or it will be stated in a notice at the Sale or an insert in the
Catalogue.
Bonhams does not owe or undertake or agree to any duty or
responsibility to you in contract or tort (whether direct, collateral,
express, implied or otherwise). If you successfully bid for a Lot and buy
it, at that stage Bonhams does enter into an agreement with you as the
Buyer. The terms of that contract are set out in our Buyer’s Agreement,
which you will find at Appendix 2 at the back of the Catalogue, and this
will govern Bonhams’ relationship with the Buyer.
2. LOTS
Subject to the Contractual Description printed in bold letters in the
Entry about the Lot in the Catalogue (see paragraph 3 below), Lots are
sold to the Buyer on an “as is” basis, with all faults and imperfections.
Illustrations and photographs contained in the Catalogue (other than
photographs forming part of the Contractual Description) or elsewhere
of any Lots are for identification purposes only. A photograph or
illustration may not reflect an accurate reproduction of the colour(s) or
true condition of the Lot. Lots are available for inspection prior to the
Sale and it is for you to satisfy yourself as to each and every aspect of
a Lot, including its authorship, attribution, condition, provenance,
history, background, authenticity, style, period, age, suitability, quality,
roadworthiness (if relevant), origin, value and estimated selling price
(including the Hammer Price). It is your responsibility to examine any
Lot in which you are interested. It should be remembered that the
actual condition of a Lot may not be as good as that indicated by its
outward appearance. In particular, parts may have been replaced or
renewed and Lots may not be authentic or of satisfactory quality; the
inside of a Lot may not be visible and may not be original or may be
damaged, as for example where it is covered by upholstery or material.
Given the age of many Lots they may have been damaged and/or
repaired and you should not assume that a Lot is in good condition.
Electronic or mechanical items or parts are sold for their artistic, historic
or cultural interest and may not operate or may not comply with current
statutory requirements. You should not assume that electrical items
designed to operate on mains electricity will be suitable for connection
to the mains electricity supply and you should obtain a report from a
qualified electrician on their status before doing so. Such items which
are unsuitable for connection are sold as items of interest for display
purposes only. If you yourself do not have expertise regarding a Lot,
you should consult someone who does to advise you. We can assist in
arranging facilities for you to carry out or have carried out more detailed
inspections and tests. Please ask our staff for details.
Any person who damages a Lot will be held liable for the
loss caused.
3. DESCRIPTIONS OF LOTS AND ESTIMATES
Contractual Description of a Lot
The Catalogue contains an Entry about each Lot. Each Lot is sold by
its respective Seller to the Buyer of the Lot as corresponding only with
that part of the Entry which is printed in bold letters and (except for the
colour, which may be inaccurately reproduced) with any photograph of
the Lot in the Catalogue. The remainder of the Entry, which is not
printed in bold letters, represents Bonhams’ opinion (given on behalf of
the Seller) about the Lot only and is not part of the Contractual
Description in accordance with which the Lot is sold by the Seller.
Estimates
In most cases, an Estimate is printed beside the Entry. Estimates are
only an expression of Bonhams’ opinion made on behalf of the Seller of
the range where Bonhams thinks the Hammer Price for the Lot is likely
to fall; it is not an Estimate of value. It does not take into account any
VAT or Buyer’s Premium payable or any other fees payable by the
Buyer, which are detailed in paragraph 7 of the Notice to Bidders,
below. Prices depend upon bidding and lots can sell for Hammer
Prices below and above the Estimates, so Estimates should not be
relied on as an indication of the actual selling price or value of a Lot.
Estimates are in the currency of the Sale.
Condition Reports
In respect of most Lots, you may ask Bonhams for a Condition Report
on the Lot’s general physical condition. If you do so, this will be
provided by Bonhams on behalf of the Seller free of charge. As this is
offered additionally and without charge, Bonhams is not entering into a
contract with you in respect of the Condition Report and accordingly
does not assume responsibility to you in respect of it. The Condition
Report represents Bonhams’ reasonable opinion as to the Lot’s general
condition in the terms stated in the particular report, and Bonhams
does not represent or guarantee that a Condition Report includes all
aspects of the internal or external condition of the Lot. Neither does the
Seller owe or agree to owe you as a Bidder or Buyer any obligation or
duty in respect of this free report about a Lot, which is available for your
own inspection or for inspection by an expert instructed by you.
The Seller’s responsibility to you
The Seller does not make or agree to make any representation of fact
or contractual promise, Guarantee or warranty and undertakes no
obligation or duty, whether in contract or in tort (other than to the
eventual Buyer as set out above), in respect of the accuracy or
completeness of any statement or representation made by him or on
his behalf, which is in any way descriptive of any Lot or as to the
anticipated or likely selling price of any Lot. Other than as set out
above, no statement or representation in any way descriptive of a Lot
or any Estimate is incorporated into any Contract for Sale between a
Seller and a Buyer.
Bonhams’ responsibility to you
You have the opportunity of examining the Lot if you want to and the
Contract for Sale for a Lot is with the Seller and not with Bonhams;
Bonhams acts as the Seller’s agent only (unless Bonhams sells the Lot
as principal).
Bonhams undertakes no obligation to you to examine, investigate or
carry out any tests, either in sufficient depth or at all, on each Lot to
establish the accuracy or otherwise of any Descriptions or opinions
given by Bonhams, or by any person on Bonhams’ behalf, whether in
the Catalogue or elsewhere.
You should not suppose that such examinations, investigations or tests
have occurred.
Bonhams does not make or agree to make any representation of fact,
and undertakes no obligation or duty (whether in contract or tort) in
respect of the accuracy or completeness of any statement or
representation made by Bonhams or on Bonhams’ behalf which is in
any way descriptive of any Lot or as to the anticipated or likely selling
price of any Lot. No statement or representation by Bonhams or on its
behalf in any way descriptive of any Lot or any Estimate is incorporated
into our Buyer’s Agreement.
Alterations
Descriptions and Estimates may be amended at Bonhams’ discretion
from time to time by notice given orally or in
writing before or during a Sale.
THE LOT IS AVAILABLE FOR INSPECTION AND YOU MUST FORM
YOUR OWN OPINION IN RELATION TO IT. YOU ARE STRONGLY
ADVISED TO EXAMINE ANY LOT OR HAVE IT EXAMINED ON YOUR
BEHALF BEFORE THE SALE.
4. CONDUCT OF THE SALE
Our Sales are public auctions which persons may attend and you
should take the opportunity to do so. We reserve the right at our sole
discretion to refuse admission to our premises or to any Sale and to
remove any person from our premises and Sales, without stating a
reason. We have complete discretion as to whether the Sale proceeds,
whether any Lot is included in the Sale, the manner in which the Sale is
conducted and we may offer Lots for Sale in any order we choose
notwithstanding the numbers given to Lots in the Catalogue. You
should therefore check the date and starting time of the Sale, whether
there have been any withdrawals or late entries. Remember that
withdrawals and late entries may affect the time at which a Lot you are
interested is put up for Sale. We have complete discretion in which to
refuse any bid, to nominate any bidding increment we consider
appropriate, to divide any Lot, to combine two or more Lots, to
withdraw any Lot from a Sale and, before the Sale has been closed, to
put up any Lot for auction again. Auction speeds can exceed 100 Lots
to the hour and bidding increments are generally about 10%; however,
these do vary from Sale to Sale and from Auctioneer to Auctioneer.
Please check with the department organising the Sale for advice on
this. Where a Reserve has been applied to a Lot, the Auctioneer may,
in his absolute discretion, place bids (up to an amount not equalling or
exceeding such Reserve) on behalf of the Seller. We are not
responsible to you in respect of the presence or absence of any
Reserve in respect of any Lot. If there is a Reserve it will be no higher
than the lower figure for any Estimate in the Catalogue, assuming that
the currency of the Reserve has not fluctuated adversely against the
currency of the Estimate. The Buyer will be the Bidder who makes the
highest bid acceptable to the Auctioneer for any Lot (subject to any
applicable Reserve) to whom the Lot is knocked down by the
Auctioneer at the fall of the Auctioneer’s hammer. Any dispute as to the
highest acceptable bid will be settled by the Auctioneer in his absolute
discretion. All bids tendered will relate to the actual Lot number
announced by the Auctioneer. An electronic currency converter may be
used at the Sale. This equipment is provided as a general guide as to
the equivalent amount in certain currencies of a given bid. We do not
accept any responsibility for any errors which may occur in the use of
the currency converter. We may use video cameras to record the Sale
and may record telephone calls for reasons of security and to assist in
solving any disputes which may arise in relation to bids made at the
Sale. At some Sales, for example, jewellery Sales, we may use screens
on which images of the Lots will be projected. This service is provided
to assist viewing at the Sale. The image on the screen should be
treated as an indication only of the current Lot. It should be noted that
all bids tendered will relate to the actual Lot number announced by
the Auctioneer. We do not accept any responsibility for any errors
which may occur in the use of the screen.
5. BIDDING
You must complete and deliver to us one of our Bidding Forms, either
our Bidder Registration Form, Absentee Bidding Form or Telephone
Bidding Form in order to bid at our Sales.
If you are a new client at Bonhams or have not recently updated your
registration details with us, you must pre-register to bid at least two
working days before the Sale at which you wish to bid. You will be
required to provide government-issued proof of identity and residence,
and if you are a company, your certificate of incorporation or equivalent
documentation with your name and registered address, government
issued proof of your current address, documentary proof of your
beneficial owners and directors, and proof of authority to transact.
We may also request a financial reference and /or deposit from you
before allowing you to bid.
We reserve the rights at our discretion to request further information in
order to complete our client identification and to decline to register any
person as a Bidder, and to decline to accept their bids if they have
been so registered. We also reserve the rights to postpone completion
of the Sale of any Lot at our discretion while we complete our
registration and identification enquiries, and to cancel the Sale of any
Lot if you are in breach of your warranties as Buyer, or if we consider
that such Sale would be unlawful or otherwise cause liabilities for the
Seller or Bonhams or be detrimental to Bonhams’ reputation.
Bidding in person
So long as you have pre-registered to bid or have updated your
existing registration recently, you should come to our Bidder registration
desk at the Sale venue and fill out a Registration and Bidding Form on
(or, if possible, before) the day of the Sale. The bidding number system
is sometimes referred to as “paddle bidding”. You will be issued with a
large card (a “paddle”) with a printed number on it. This will be
attributed to you for the purposes of the Sale. Should you be a
successful Bidder you will need to ensure that your number can be
clearly seen by the Auctioneer and that it is your number which is
identified as the Buyer’s. You should not let anyone else use your
paddle as all Lots will be invoiced to the name and address given on
your Bidder Registration Form. Once an invoice is issued it will not be
changed. If there is any doubt as to the Hammer Price of, or whether
you are the successful Bidder of, a particular Lot, you must draw this to
the attention of the Auctioneer before the next Lot is offered for Sale. At
the end of the Sale, or when you have finished bidding please return
your paddle to the Bidder registration desk.
Bidding by telephone
If you wish to bid at the Sale by telephone, and have pre-registered to
bid or have updated your existing registration details recently, please
complete a Registration and Bidding Form, which is available from our
offices or in the Catalogue. Please then return it to the office
responsible for the Sale at least 24 hours in advance of the Sale. It is
your responsibility to check with our Bids Office that your bid has been
received. Telephone calls will be recorded. The telephone bidding
facility is a discretionary service offered at no additional charge and
may not be available in relation to all Lots. We will not be responsible
for bidding on your behalf if you are unavailable at the time of the Sale
or if the telephone connection is interrupted during bidding. Please
contact us for further details.
Bidding by post or fax
Absentee Bidding Forms can be found in the back of this Catalogue
and should be completed and sent to the office responsible for the
Sale, once you have pre-registered to bid or have updated your
existing registration details recently. It is in your interests to return your
form as soon as possible, as if two or more Bidders submit identical
bids for a Lot, the first bid received takes preference. In any event, all
bids should be received at least 24 hours before the start of the Sale.
Please check your Absentee Bidding Form carefully before returning it
to us, fully completed and signed by you. It is your responsibility to
check with our Bids Office that your bid has been received. This
additional service is complimentary and is confidential. Such bids are
made at your own risk and we cannot accept liability for our failure to
receive and/or place any such bids. All bids made on your behalf will be
made at the lowest level possible subject to Reserves and other bids
made for the Lot. Where appropriate your bids will be rounded down to
the nearest amount consistent with the Auctioneer’s bidding
increments. New Bidders must also provide proof of identity and
address when submitting bids. Failure to do this will result in your bid
not being placed.
Bidding via the internet
Please visit our Website at http://www.bonhams.com for
details of how to bid via the internet.
Bonhams will not be liable for service delays, interruptions or other
failures to make a bid caused by losses of internet connection, fault or
failure with the website or bidding process, or malfunction of any
software or system, computer or mobile device.
Bidding through an agent
Bids will be treated as placed exclusively by and on behalf of the
person named on the Bidding Form unless otherwise agreed by us in
writing in advance of the Sale. If you wish to bid on behalf of another
person (your principal) you must complete the pre-registration
requirements set out above both on your own behalf and with full
details of your principal, and we will require written confirmation from
the principal confirming your authority to bid.
You are specifically referred to your due diligence requirements
concerning your principal and their source of funds, and the
warranties you give in the event you are the Buyer, which are
contained in paragraph 3 of the Buyer’s Agreement, set out at
Appendix 2 at the back of the Catalogue.
Nevertheless, as the Bidding Form explains, any person placing a bid
as agent on behalf of another (whether or not he has disclosed that
fact) will be jointly and severally liable with the principal to the Seller and
to Bonhams under any contract resulting from the acceptance of a bid.
Equally, please let us know if you intend to nominate another person to
bid on your behalf at the Sale unless this is to be carried out by us
pursuant to a Telephone or Absentee Bidding Form that you have
completed. If we do not approve the agency arrangements in writing
before the Sale, we are entitled to assume that the person bidding at
the Sale is bidding on his own behalf. Accordingly, the person bidding
at the Sale will be the Buyer and will be liable to pay the Hammer Price
and Buyer’s Premium and associated charges. If we approve the
identity of your client in advance, we will be in a position to address the
invoice to your principal rather than you. We will require proof of the
agent’s client’s identity and residence in advance of any bids made by
the agent on his behalf. Please refer to our Conditions of Business and
contact our Customer Services Department for further details.
Bonhams undertakes Customer Due Diligence (CDD) into its Sellers and
Buyers as required by the Money Laundering, Terrorist Financing and
Transfer of Funds (Information on the Payer) Regulations 2017 (“the
Regulations”). Bonhams’ interpretation of the Regulations and Treasury
Approved industry Guidance is that CDD under the Regulations is not
required by Buyers into Sellers at Bonhams auctions or vice versa.
6. CONTRACTS BETWEEN THE BUYER AND SELLER AND THE
BUYER AND BONHAMS
On the Lot being knocked down to the Buyer, a Contract for Sale of
the Lot will be entered into between the Seller and the Buyer on the
terms of the Contract for Sale set out in Appendix 1 at the back of the
Catalogue. You will be liable to pay the Purchase Price, which is the
Hammer Price plus any applicable VAT. At the same time, a separate
contract is also entered into between us as Auctioneers and the Buyer.
This is our Buyer’s Agreement, the terms of which are set out in
Appendix 2 at the back of the Catalogue. Please read the terms of the
Contract for Sale and our Buyer’s Agreement contained in the
Catalogue in case you are the successful Bidder including the
warranties as to your status and source of funds. We may change the
terms of either or both of these agreements in advance of their being
entered into, by setting out different terms in the Catalogue and/or by
placing an insert in the Catalogue and/or by notices at the Sale venue
and/or by oral announcements before and during the Sale. It is your
responsibility to ensure you are aware of the up to date terms of the
Buyer’s Agreement for this Sale.
7. BUYER’S PREMIUM AND OTHER CHARGES PAYABLE BY
THE BUYER
Under the Buyer’s Agreement, a premium (the Buyer’s Premium) is
payable to us by the Buyer in accordance with the terms of the Buyer’s
Agreement and at rates set out below, calculated by reference to the
Hammer Price and payable in addition to it.
For this Sale the following rates of Buyer’s Premium will be payable by
Buyers on each Lot purchased:
27.5% of the Hammer Price on the first ?10,000; plus
25% of the Hammer Price from ?10,001 and up to ?450,000; plus
20% of the Hammer Price from ?450,001 and up to ?4,500,000; plus
14.5% of the Hammer Price above ?4,500,000
Storage and handling charges may also be payable by the Buyer
as detailed on the specific Sale Information page at the front of the
catalogue.
The Buyer’s Premium and all other charges payable to us by the Buyer
are subject to VAT at the prevailing rate, currently 20%.
VAT may also be payable on the Hammer Price of the Lot, where
indicated by a symbol beside the Lot number. See paragraph 8 below
for details.
On certain Lots, which will be marked “AR” in the Catalogue and
which are sold for a Hammer Price of €1,000 or greater (converted into
the currency of the Sale using the European Central Bank Reference
rate prevailing on the date of the Sale), the Additional Premium will
be payable to us by the Buyer to cover our Expenses relating to the
payment of royalties under the Artists Resale Right Regulations 2006.
The Additional Premium will be a percentage of the amount of the
Hammer Price calculated in accordance with the table below, and shall
not exceed €12,500 (converted into the currency of the Sale using
the European Central Bank Reference rate prevailing on the date of
the Sale).
Hammer Price Percentage amount
From €0 to €50,000 4%
From €50,000.01 to €200,000 3%
From €200,000.01 to €350,000 1%
From €350,000.01 to €500,000 0.5%
Exceeding €500,000 0.25%
8. VAT
The prevailing rate of VAT at the time of going to press is 20%, but this
is subject to government change and the rate payable will be the rate
in force on the date of the Sale.
The following symbols, shown beside the Lot number, are used to
denote that VAT is due on the Hammer Price and Buyer’s Premium: ? VAT at the prevailing rate on Hammer Price and
Buyer’s Premium
? VAT on imported items at the prevailing rate on Hammer Price
and Buyer’s Premium
* VAT on imported items at a preferential rate of 5% on Hammer
Price and the prevailing rate on Buyer’s Premium
G Gold bullion exempt from VAT on the Hammer Price and subject
to VAT at the prevailing rate on the Buyer’s Premium
? Zero rated for VAT, no VAT will be added to the Hammer Price or
the Buyer’s Premium
a Buyers from within the EU: VAT is payable at the prevailing rate
on just the Buyer’s Premium (NOT the Hammer Price). Buyers
from outside the EU: VAT is payable at the prevailing rate on
both Hammer Price and Buyer’s Premium. If a Buyer, having
registered under a non-EU address, decides that the item is not
to be exported from the EU, then he should advise Bonhams
immediately.
In all other instances no VAT will be charged on the Hammer Price,
but VAT at the prevailing rate will be added to Buyer’s Premium which
will be invoiced on a VAT inclusive basis.
9. PAYMENT
It is of critical importance that you ensure that you have readily available
funds to pay the Purchase Price and the Buyer’s Premium (plus VAT
and any other charges and Expenses to us)in full before making a bid
for the Lot. If you are a successful Bidder, payment will be due to us by
4.30 pm on the second working day after the Sale so that all sums are
cleared by the eighth working day after the Sale. Payments made by
anyone other than the registered Buyer will not be accepted. Bonhams
reserves the right to vary the terms of payment at any time.
Bonhams’ preferred payment method is by bank transfer.
You may electronically transfer funds to our Account. If you do so, please
quote your paddle number and invoice number as the reference. Our
Account details are as follows:
Bank: National Westminster Bank Plc
Address: PO Box 4RY
250 Regent Street
London W1A 4RY
Account Name: Bonhams 1793 Limited
Account Number: 25563009
Sort Code: 56-00-27
IBAN Number: GB 33 NWBK 560027 25563009
If paying by bank transfer, the amount received after the
deduction of any bank fees and/or conversion of the currency of
payment to pounds sterling must not be less than the sterling amount
payable, as set out on the invoice.
Payment may also be made by one of the following methods:
Sterling personal cheque drawn on a UK branch of a bank or
building society: all cheques must be cleared before you can collect
your purchases and should be made payable to Bonhams 1793
Limited.
Cash: you may pay for Lots purchased by you at this Sale
with notes or coins in the currency in which the Sale is conducted
(but not any other currency) provided that the total amount payable
by you in respect of all Lots purchased by you at the Sale does not
exceed ?3,000, or the equivalent in the currency in which the Sale is
conducted, at the time when payment is made. If the amount payable
by you for Lots exceeds that sum, the balance must be paid otherwise
than in coins or notes; this limit applies to both payment at our
premises and direct deposit into our bank account.
Debit cards issued in the name of the Buyer (including China Union
Pay (CUP) cards and debit cards issued by Visa and MasterCard
only). There is no limit on payment value if payment is made in person
using Chip & Pin verification.
Payment by telephone may also be accepted up to ?5,000, subject to
appropriate verification procedures, although this facility is not available
for first time buyers. If the amount payable by you for Lots exceeds that
sum, the balance must be paid by other means.
Credit cards issued in the name of the Buyer (including China Union
Pay (CUP) cards and credit cards issued by Visa and MasterCard
only). There is a ?5,000 limit on payment value if payment is made in
person using Chip & Pin verification.
It may be advisable to notify your debit or credit card provider of your
intended purchase in advance to reduce delays caused by us having to
seek authority when you come to pay.
Note: only one debit or credit card may be used for payment of an
account balance. If you have any questions with regards to card
payments, please contact our Customer Services Department.
We reserve the rights to investigate and identify the source of any funds
received by us, to postpone completion of the sale of any Lot at our
discretion while we complete our investigations, and to cancel the
Sale of any Lot if you are in breach of your warranties as Buyer, if we
consider that such Sale would be unlawful or otherwise cause liabilities
for the Seller or Bonhams, or would be detrimental to Bonhams’
reputation.
10. COLLECTION AND STORAGE
The Buyer of a Lot will not be allowed to collect it until payment in full
and in cleared funds has been made (unless we have made a special
arrangement with the Buyer). For collection and removal of purchased
Lots, please refer to Sale Information at the front of the Catalogue. Our
offices are open 9.00am – 5pm Monday to Friday. Details relating to
the collection of a Lot, the storage of a Lot and our Storage Contractor
after the Sale are set out in the Catalogue.
11. SHIPPING
For information and estimates on domestic and international shipping
as well as export licenses please contact
Alban Shipping on +44 (0) 1582 493 099
enquiries@albanshipping.co.uk
12. EXPORT/TRADE RESTRICTIONS
It is your sole responsibility to comply with all export and import
regulations relating to your purchases and also to obtain any relevant
export and/or import licence(s). Export licences are issued by Arts
Council England and application forms can be obtained from its
Export Licensing Unit. The detailed provisions of the export licensing
arrangements can be found on the ACE website http://www.
artscouncil.org.uk/what-we-do/supporting-museums/cultural-property/
export-controls/export-licensing/ or by phoning ACE on +44 (0)20
7973 5188. The need for import licences varies from country to country
and you should acquaint yourself with all relevant local requirements
and provisions. The refusal of any import or export licence(s) or
any delay in obtaining such licence(s) shall not permit the rescission
of any Sale nor allow any delay in making full payment for the Lot.
Generally, please contact our shipping department before the Sale if
you require assistance in relation to export regulations.
13. CITES REGULATIONS
Please be aware that all Lots marked with the symbol Y are subject to
CITES regulations when exporting these items outside the EU. These
regulations may be found at
http://www.defra.gov.uk/ahvla-en/imports-exports/cites/ or may be
requested from:
Animal Health and Veterinary Laboratories Agency (AHVLA) Wildlife
Licensing
Floor 1, Zone 17, Temple Quay House
2 The Square, Temple Quay
BRISTOL BS1 6EB
Tel: +44 (0) 117 372 8774
The refusal of any CITES licence or permit and any delay in obtaining
such licences or permits shall not give rise to the rescission or
cancellation of any Sale, nor allow any delay in making full payment
for the Lot.
14. THE SELLERS AND/OR BONHAMS’ LIABILITY
Other than any liability of the Seller to the Buyer of a Lot under the
Contract for Sale, neither we nor the Seller are liable (whether in
negligence or otherwise) for any error or misdescription or omission
in any Description of a Lot or any Estimate in respect of it, whether
contained in the Catalogue or otherwise, whether given orally or in
writing and whether given before or during the Sale. Neither we nor the
Seller will be liable for any loss of Business, profits, revenue or income,
or for loss of reputation, or for disruption to Business or wasted time on
the part of management or staff, or for indirect losses or consequential
damages of any kind, irrespective in any case of the nature, volume or
source of the loss or damage alleged to be suffered, and irrespective
of whether the said loss or damage is caused by or claimed in respect
of any negligence, other tort, breach of contract (if any) or statutory
duty, restitutionary claim or otherwise. In any circumstances where
we and/or the Seller are liable in relation to any Lot or any Description
or Estimate made of any Lot, or the conduct of any Sale in relation
to any Lot, whether in damages, for an indemnity or contribution,
or for a restitutionary remedy or otherwise, our and/or the Seller’s
liability (combined, if both we and the Seller are liable) will be limited
to payment of a sum which will not exceed by way of maximum the
amount of the Purchase Price of the Lot irrespective in any case of
the nature, volume or source of any loss or damage alleged to be
suffered or sum claimed as due, and irrespective of whether the liability
arises from any negligence, other tort, breach of contract (if any) or
statutory duty or otherwise. Nothing set out above will be construed
as excluding or restricting (whether directly or indirectly) our liability or
excluding or restricting any person’s rights or remedies in respect of (i)
fraud, or (ii) death or personal injury caused by our negligence (or by
the negligence of any person under our control or for whom we are
legally responsible), or (iii) acts or omissions for which we are liable
under the Occupiers Liability Act 1957, or (iv) any other liability to the
extent the same may not be excluded or restricted as a matter of law
or (v) our undertakings under paragraphs 9 (in relation to specialist
Stamp or Book Sales only) and 10 of the Buyer’s Agreement. The same
applies in respect of the Seller, as if references to us in this paragraph
were substituted with references to the Seller.
15. BOOKS
As stated above, all Lots are sold on an “as is” basis, subject to all
faults, imperfections and errors of Description save as set out below.
However, you will be entitled to reject a Book in the circumstances set
out in paragraph 11 of the Buyers Agreement. Please note that Lots
comprising printed Books, unframed maps and bound manuscripts are
not liable to VAT on the Buyer’s Premium.
16. CLOCKS AND WATCHES
All Lots are sold “as is”, and the absence of any reference to the
condition of a clock or watch does not imply that the Lot is in goodcondition and without defects, repairs or restorations. Most clocks
and watches have been repaired in the course of their normal lifetime
and may now incorporate parts not original to them. Furthermore,
Bonhams makes no representation or warranty that any clock or watch
is in working order. As clocks and watches often contain fine and
complex mechanisms, Bidders should be aware that a general service,
change of battery or further repair work, for which the Buyer is solely
responsible, may be necessary.
17. FIREARMS – PROOF, CONDITION AND CERTIFICATION
Proof of Firearms
The term “proof exemption” indicates that a firearm has been examined
at a Proof House, but not proved, as either (a) it was deemed of
interest and not intended for use, or (b) ammunition was not available.
In either case, the firearm must be regarded as unsafe to fire unless
subsequently proved. Firearms proved for Black Powder should not be
used with smokeless ammunition.
The term “Certificate of Unprovability” indicates that a firearm has been
examined at a Proof House and is deemed both unsuitable for proof
and use. Reproof is required before any such firearm is to be used.
Guns Sold as Parts
Barrels of guns sold as parts will only be made available for sleeving
and measurements once rendered unserviceable according to the Gun
Barrel Proof Act of 1968 to 1978 and the Rules of Proof.
Condition of Firearms
Comment in this Catalogue is restricted, in general, to exceptional
condition and to those defects that might affect the immediate safety of
a firearm in normal use. An intending Bidder unable to make technical
examinations and assessments is recommended to seek advice from a
gunmaker or from a modern firearms specialist. All prospective Bidders
are advised to consult the ?
of bore and wall-thickness measurements
posted in the saleroom and available from the department. Bidders
should note that guns are stripped only where there is a strong
indication of a mechanical malfunction. Stripping is not, otherwise,
undertaken. Guns intended for use should be stripped and cleaned
beforehand. Hammer guns should have their rebound mechanisms
checked before use. The safety mechanisms of all guns must be tested
before use. All measurements are approximate.
Original Gun Specifications Derived from Gunmakers
The Sporting Gun Department endeavours to confirm a gun’s original
specification and date of manufacture with makers who hold their
original records.
Licensing Requirements
Firearms Act 1968 as amended
Bonhams is constantly reviewing its procedures and would remind
you that, in the case of firearms or shotguns subject to certification,
to conform with current legislation, Bonhams is required to see, as
appropriate, your original registered firearms dealer’s certificate / shot
gun certificate / firearm certificate / museum firearms licence / Section
5 authority or import licence (or details of any exemption from which
you may benefit, for instance Crown servant status) for the firearm(s)
you have purchased prior to taking full payment of the amount
shown on your invoice. Should you not already be in possession of
such an authority or exemption, you are required to initially pay a
deposit of 95% of the total invoice with the balance of 5% payable on
presentation of your valid certificate or licence showing your authority
to hold the firearm(s) concerned.
Please be advised that if a successful Bidder is then unable to produce
the correct paperwork, the Lot(s) will be reoffered by Bonhams in the
next appropriate Sale, on standard terms for Sellers, and you will be
responsible for any loss incurred by Bonhams on the original Sale to
you.
In the case of RFD certificates and Section 5 authorities, we wish
to keep an up-to-date copy on file. Please supply us with a Fax or
photocopy. It would be helpful if you could send us an updated copy
whenever your certificate or authority is renewed or changed.
Lots marked ‘S1? and bearing red labels are Section 1 firearms and
require a valid British Firearms certificate, RFD Licence or import
licence.
Lots marked ‘S2’ and bearing blue labels are Section 2 firearms and
require a valid British Shotgun certificate, RFD licence or import licence.
Lots marked ‘S5? and bearing specially marked red labels are Section
5 prohibited firearms and require a valid Section 5 Authority or import
licence.
Lots marked with a ‘S58? and bearing yellow labels are for obsolete
calibres and no licence is required unless ammunition is held.
Unmarked Lots require no licence.
Please do not hesitate to contact the Modern Sporting Gun
Department should you have any queries.
Taxidermy and Related Items
On behalf of the Seller of these articles, Bonhams undertakes to
comply fully with Cites and DEFRA regulations. Buyers are advised
to inform themselves of all such regulations and should expect the
exportation of items to take some time to arrange.
18. FURNITURE
Upholstered Furniture
Whilst we take every care in cataloguing furniture which has been
upholstered we offer no Guarantee as to the originality
of the wood covered by fabric or upholstery.
19. JEWELLERY
Gemstones
Historically many gemstones have been subjected to a variety of
treatments to enhance their appearance. Sapphires and rubies are
routinely heat treated to improve their colour and clarity, similarly
emeralds are frequently treated with oils or resin for the same purpose.
Other treatments such as staining, irradiation or coating may have
been used on other gemstones. These treatments may be permanent,
whilst others may need special care or re-treatment over the years
to retain their appearance. Bidders should be aware that Estimates
assume that gemstones may have been subjected to such treatments.
A number of laboratories issue certificates that give more detailed
Descriptions of gemstones. However there may not be consensus
between different laboratories on the degrees, or types of treatment for
any particular gemstone. In the event that Bonhams has been given or
has obtained certificates for any Lot in the Sale these certificates will be
disclosed in the Catalogue. Although, as a matter of policy, Bonhams
endeavours to provide certificates from recognised laboratories for
certain gemstones, it is not feasible to obtain certificates for each Lot.
In the event that no certificate is published in the Catalogue, Bidders
should assume that the gemstones may have been treated. Neither
Bonhams nor the Seller accepts any liability for contradictions or
differing certificates obtained by Buyers on any Lots subsequent to
the Sale.
Estimated Weights
If a stone(s) weight appears within the body of the Description in capital
letters, the stone(s) has been unmounted and weighed by Bonhams.
If the weight of the stone(s) is stated to be approximate and does not
appear in capital letters, the stone(s) has been assessed by us within
its/their settings, and the stated weight is a statement of our opinion
only. This information is given as a guide and Bidders should satisfy
themselves with regard to this information as to its accuracy.
Signatures
1. A diamond brooch, by Kutchinsky
When the maker’s name appears in the title, in Bonhams’ opinion the
piece is by that maker.
2. A diamond brooch, signed Kutchinsky
Has a signature that, in Bonhams’ opinion, is authentic but may contain
gemstones that are not original, or the piece may have been altered.
3. A diamond brooch, mounted by Kutchinsky
Has been created by the jeweller, in Bonhams’ opinion, but using
stones or designs supplied by the client.
20. PHOTOGRAPHS
Explanation of Catalogue Terms
? “Bill Brandt”: in our opinion a work by the artist.
? “Attributed to Bill Brandt”: in our opinion probably a work by the
artist, but less certainty to authorship is expressed than in the
preceding category.
? “Signed and/or titled and/or dated and/or inscribed”: in our opinion
the signature and/or title and/or date and/or inscription are in the
artist’s hand.
? “Signed and/or titled and/or dated and/or inscribed in another
hand”: in our opinion the signature and/or title and/or date and/or
inscription have been added by
another hand.
? The date given is that of the image (negative). Where no further
date is given, this indicates that the photographic print is vintage
(the term “vintage” may also be included in the Lot Description). A
vintage photograph is one which was made within approximately
5-10 years of the negative. Where a second, later date appears,
this refers to the date of printing. Where the exact printing date is
not known, but understood to be later, “printed later” will appear in
the Lot Description. ? Unless otherwise specified, dimensions given are those of the piece
of paper on which the image is printed, including any margins.
Some photographs may appear in the Catalogue without margins
illustrated.
? All photographs are sold unframed unless stated in the Lot
Description.
21. PICTURES
Explanation of Catalogue Terms
The following terms used in the Catalogue have the following meanings
but are subject to the general provisions relating to Descriptions
contained in the Contract for Sale:
? “Jacopo Bassano”: in our opinion a work by the artist. When the
artist’s forename(s) is not known, a series of asterisks, followed by
the surname of the artist, whether preceded by an initial or not,
indicates that in our opinion the work is by the artist named;
? “Attributed to Jacopo Bassano”: in our opinion probably a work by
the artist but less certainty as to authorship is expressed than in the
preceding category;
? “Studio/Workshop of Jacopo Bassano”: in our opinion a work by
an unknown hand in a studio of the artist which may or may not
have been executed under the artist’s direction;
? “Circle of Jacopo Bassano”: in our opinion a work by a hand closely
associated with a named artist but not necessarily his pupil;
? “Follower of Jacopo Bassano”: in our opinion a work by a painter
working in the artist’s style, contemporary or nearly contemporary,
but not necessarily his pupil;
? “Manner of Jacopo Bassano”: in our opinion a work in the style of
the artist and of a later date;
? “After Jacopo Bassano”: in our opinion, a copy of a known work of
the artist;
? “Signed and/or dated and/or inscribed”: in our opinion the signature
and/or date and/or inscription are from the hand of the artist;
? “Bears a signature and/or date and/or inscription”: in our opinion
the signature and/or date and/or inscription have been added by
another hand.
22. PORCELAIN AND GLASS
Damage and Restoration
For your guidance, in our Catalogues we attempt to detail, as far
Please see the Contract for Sale printed in this Catalogue. Because
of the difficulty in determining whether an item of glass has been
repolished, in our Catalogues reference is only made to visible chips
and cracks. No mention is made of repolishing, severe or otherwise.
23. VEHICLES
The Veteran Car Club of Great Britain
Dating Plates and Certificates
When mention is made of a Veteran Car Club Dating Plate or Dating
Certificate in this Catalogue, it should be borne in mind that the Veteran
Car Club of Great Britain using the services of Veteran Car Company
Ltd, does from time to time, review cars already dated and, in some
instances, where fresh evidence becomes available, the review can result
in an alteration of date. Whilst the Club and Veteran Car Company Ltd
make every effort to ensure accuracy, the date shown on the Dating
Plate or Dating Certificate cannot be guaranteed as correct and intending
purchasers should make their own enquiries as to the date of the car.
24. WINE
Lots which are lying under Bond and those liable to VAT may not be
available for immediate collection.
Examining the wines
It is occasionally possible to provide a pre-Sale tasting for larger
parcels (as defined below). This is generally limited to more recent and
everyday drinking wines. Please contact the department for details.
It is not our policy to inspect every unopened case. In the case of wines
older than 20 years the boxes will usually have been opened and levels
and appearance noted in the Catalogue where necessary. You should
make proper allowance for variations in ullage levels and conditions of
corks, capsules and labels.
Corks and Ullages
Ullage refers to the space between the base of the cork and the wine.
Ullage levels for Bordeaux shaped bottles are only normally noted
when below the neck and for Burgundy, Alsace, German and Cognac
shaped bottles when greater than 4 centimetres (cm). Acceptable
ullage levels increase with age; generally acceptable levels are as
follows:
Under 15 years old – into neck or less than 4cm
15 to 30 years old – top shoulder (ts) or up to 5cm
Over 30 years old – high shoulder (hs) or up to 6cm
It should be noted that ullages may change between publication
of the Catalogue and the Sale and that corks may fail as a result of
transporting the wine. We will only accept responsibility for Descriptions
of condition at the time of publication of the Catalogue and cannot
accept responsibility for any loss resulting from failure of corks either
before or after this point.
Options to buy parcels
A parcel is a number of Lots of identical size of the same wine, bottle
size and Description. The Buyer of any of these Lots has the option
to accept some or all of the remaining Lots in the parcel at the same
price, although such options will be at the Auctioneer’s sole discretion.
Absentee Bidders are, therefore, advised to bid on the first Lot in a
parcel.
Wines in Bond
Wines lying in Bond are marked Δ. All Lots sold under Bond, and
which the Buyer wishes to remain under Bond, will be invoiced without
VAT or Duty on the Hammer Price. If the Buyer wishes to take the Lot
as Duty paid, UK Excise Duty and VAT will be added to the Hammer
Price on the invoice.
Buyers must notify Bonhams at the time of the sale whether they wish
to take their wines under Bond or Duty paid. If a Lot is taken under
Bond, the Buyer will be responsible for all VAT, Duty, clearance and
other charges that may be payable thereon.
Buyers outside the UK must be aware that any forwarding agent
appointed to export their purchases must have a movement certificate
for Lots to be released under Bond.
Bottling Details and Case Terms
The following terms used in the Catalogue have the following
meanings:
CB – Ch?teau bottled
DB – Domaine bottled
EstB – Estate bottled
BB – Bordeaux bottled
BE – Belgian bottled
FB – French bottled
GB – German bottled
OB – Oporto bottled
UK – United Kingdom bottled
owc – original wooden case
iwc – individual wooden case
oc – original carton
SYMBOLS
THE FOLLOWING SYMBOLS ARE USED TO DENOTE
Y Subject to CITES regulations when exporting these items outside
the EU, see clause 13.
TP Objects displayed with a TP will be located at the Cadogan
Tate warehouse and will only be available for collection from this
location.
W Objects displayed with a w will be located in the Bonhams
Warehouse and will only be available for collection from this
location.
Δ Wines lying in Bond.
AR An Additional Premium will be payable to us by the Buyer to
cover our Expenses relating to payment of royalties under the
Artists Resale Right Regulations 2006. See clause 7 for details.
○ The Seller has been guaranteed a minimum price for the Lot,
either by Bonhams or a third party. This may take the form of an
irrevocable bid by a third party, who may make a financial gain ona successful Sale or a financial loss if unsuccessful.
▲ Bonhams owns the Lot either wholly or partially or may otherwise
have an economic interest.
Ф This lot contains or is made of ivory. The United States
Government has banned the import of ivory into
the USA.
?, ?, *, G, ?, a see clause 8, VAT, for details.
DATA PROTECTION – USE OF YOUR INFORMATION
Where we obtain any personal information about you, we shall only
use it in accordance with the terms of our Privacy Policy (subject to
any additional specific consent(s) you may have given at the time
your information was disclosed). A copy of our Privacy Policy can be
found on our Website www.bonhams.com or requested by post from
Customer Services Department, 101 New Bond Street, London, W1S
1SR or by email from info@bonhams.com
APPENDIX 1
BUYERS SALE CONTRACT WITH SELLER
IMPORTANT: These terms may be changed in advance of the
Sale of the Lot to you, by the setting out of different terms
in the Catalogue for the Sale and/or by placing an insert in
the Catalogue and/or by notices at the Sale venue and/or on
Bonhams’ website, and/or by oral announcements before and
during the Sale at the Sale venue. You should be alert to this
possibility of changes and ask in advance of bidding if there
have been any.
Under this contract the Seller’s liability in respect of the quality
of the Lot, it’s fitness for any purpose and its conformity with
any Description is limited. You are strongly advised to examine
the Lot for yourself and/or obtain an independent examination
of it before you buy it.
1 THE CONTRACT
1.1 These terms and the relevant terms for Bidders and Buyers in
the Notice to Bidders govern the Contract for Sale of the Lot by
the Seller to the Buyer.
1.2 The Definitions and Glossary contained in Appendix 3 in the
Catalogue are incorporated into this Contract for Sale and a
separate copy can also be provided by Bonhams on request.
Where words and phrases are used which are in the List of
Definitions, they are printed in italics.
1.3 The Seller sells the Lot as the principal to the Contract for Sale,
such contract being made between the Seller and you through
Bonhams which acts in the sole capacity as the Seller’s agent
and not as an additional principal. However, if the Catalogue
states that Bonhams sells the Lot as principal, or such a
statement is made by an announcement by the Auctioneer,
or by a notice at the Sale, or an insert in the Catalogue, then
Bonhams is the Seller for the purposes of this agreement.
1.4 The contract is made on the fall of the Auctioneer’s hammer in
respect of the Lot when it is knocked down to you.
2 SELLER’S WARRANTIES AND UNDERTAKINGS
2.1 The Seller undertakes to you that:
2.1.1 the Seller is the owner of the Lot or is duly authorised to sell the
Lot by the owner;
2.1.2 save as disclosed in the Entry for the Lot in the Catalogue, the
Seller sells the Lot with full title guarantee or, where the Seller
is an executor, trustee, liquidator, receiver or administrator, with
whatever right, title or interest he may have in the Lot;
2.1.3 except where the Sale is by an executor, trustee, liquidator,
receiver or administrator the Seller is both legally entitled to
sell the Lot, and legally capable of conferring on you quiet
possession of the Lot and that the Sale conforms in every
respect with the terms implied by the Sale of Goods Act 1979,
Sections 12(1) and 12(2) (see the Definitions and Glossary);
2.1.4 the Seller has complied with all requirements, legal or otherwise,
relating to any export or import of the Lot, and all duties and
taxes in respect of the export or import of the Lot have (unless
stated to the contrary in the Catalogue or announced by the
Auctioneer) been paid and, so far as the Seller is aware, all third
parties have complied with such requirements in the past;
2.1.5 items consigned for sale by the Seller are not connected with or
derived from any criminal activity, including without limitation tax
evasion, money laundering, terrorist financing or breach of any
applicable international trade sanctions;
2.1.6 subject to any alterations expressly identified as such made by
announcement or notice at the Sale venue or by the Notice to
Bidders or by an insert in the Catalogue or on the Bonhams
website, the Lot corresponds with the Contractual Description
of the Lot, being that part of the Entry about the Lot in the
Catalogue which is in bold letters and (except for colour) with
any photograph of the Lot in the Catalogue.
3 DESCRIPTIONS OF THE LOT
3.1 Paragraph 2.1.5 sets out what is the Contractual Description
of the Lot. In particular, the Lot is not sold as corresponding
with any part of the Entry in the Catalogue which is not printed
in bold letters, the remainder of which Entry merely sets out
(on the Seller’s behalf) Bonhams’ opinion about the Lot and
which is not part of the Contractual Description upon which
the Lot is sold. Any statement or representation other than that
part of the Entry referred to in paragraph 2.1.5 (together with
any express alteration to it as referred to in paragraph 2.1.5),
including any Description or Estimate, whether made orally or in
writing, including in the Catalogue or on Bonhams’ Website, or by
conduct, or otherwise, and whether by or on behalf of the Seller
or Bonhams and whether made prior to or during the Sale, is not
part of the Contractual Description upon which the Lot is sold.
3.2 Except as provided in paragraph 2.1.5, the Seller does
not make or give and does not agree to make or give any
contractual promise, undertaking, obligation, guarantee,
warranty, or representation of fact, or undertake any duty of
care, in relation to any Description of the Lot or any Estimate
in relation to it, nor of the accuracy or completeness of any
Description or Estimate which may have been Bonhams. No
such Description or Estimate is incorporated into this Contract
for Sale.
4 FITNESS FOR PURPOSE AND SATISFACTORY QUALITY
4.1 The Seller does not make and does not agree to make any
contractual promise, undertaking, obligation, guarantee,
warranty, or representation of fact in relation to the satisfactory
quality of the Lot or its fitness for any purpose.
4.2 The Seller will not be liable for any breach of any undertaking,
whether implied by the Sale of Goods Act 1979 or otherwise,
as to the satisfactory quality of the Lot or its fitness for any
purpose.
5 RISK, PROPERTY AND TITLE
5.1 Risk in the Lot passes to you after 7 days from the day upon
which it is knocked down to you on the fall of the Auctioneer’s
hammer in respect of the Lot, or upon collection of the Lot
if earlier. The Seller will not be responsible thereafter for the
Lot prior to you collecting it from Bonhams or the Storage
Contractor, with whom you have separate contract(s) as Buyer.
You will indemnify the Seller and keep the Seller fully indemnified
from and against all claims, proceedings, costs, expenses
and losses arising in respect of any injury, loss and damage
caused to the Lot beyond 7 days from the day of the fall of the
Auctioneer’s hammer until you obtain full title to it.
5.2 Title to the Lot remains in and is retained by the Seller until: (i) the
Purchase Price and all other sums payable by you to Bonhams
in relation to the Lot have been paid in full to and received in
cleared funds by Bonhams, and (ii) Bonhams has completed its
investigations pursuant to clause 3.11 of the Buyer’s Agreement
with Bonhams set out in Appendix 2 in the catalogue.
6 PAYMENT
6.1 Your obligation to pay the Purchase Price arises when the Lot is
knocked down to you on the fall of the Auctioneer’s hammer in
respect of the Lot.
6.2 Time will be of the essence in relation to payment of the
Purchase Price and all other sums payable by you to Bonhams.
Unless agreed in writing with you by Bonhams on the Seller’s
behalf (in which case you must comply with the terms of that
agreement), all such sums must be paid to Bonhams by you in
the currency in which the Sale was conducted by not later than
4.30pm on the second working day following the Sale and you
must ensure that the funds are cleared by the seventh working
day after the Sale. Payment must be made to Bonhams by one
of the methods stated in the Notice to Bidders unless otherwise
agreed with you in writing by Bonhams. If you do not pay in full
any sums due in accordance with this paragraph, the Seller will
have the rights set out in paragraph 8 below.
7 COLLECTION OF THE LOT
7.1 Unless otherwise agreed in writing with you by Bonhams,
the Lot will be released to you or to your order only when: (i)
Bonhams has received cleared funds to the amount of the
full Purchase Price and all other sums owed by you to the
Seller and to Bonhams and (ii) Bonhams has completed its
investigations pursuant to clause 3.11 of the Buyer’s Agreement
with Bonhams set out in Appendix 2 in the catalogue.
7.2 The Seller is entitled to withhold possession from you of any
other Lot he has sold to you at the same or at any other Sale
and whether currently in Bonhams’ possession or not, until
payment in full and in cleared funds of the Purchase Price and
all other sums due to the Seller and/or Bonhams in respect of
the Lot.
7.3 You should note that Bonhams has reserved the right not to
release the Lot to you until its investigations under paragraph
3.11 of the Buyers’ Agreement set out in Appendix 2 have been
completed to Bonhams’ satisfaction.
7.4 You will collect and remove the Lot at your own expense
from Bonhams’ custody and/ or control or from the Storage
Contractor’s custody in accordance with Bonhams’ instructions
or requirements.
7.5 You will be wholly responsible for packing, handling and
transport of the Lot on collection and for complying with all
import or export regulations in connection with the Lot.
7.6 You will be wholly responsible for any removal, storage or other
charges or expenses incurred by the Seller if you do not remove
the Lot in accordance with this paragraph 7 and will indemnify
the Seller against all charges, costs, including any legal costs
and fees, expenses and losses suffered by the Seller by reason
of your failure to remove the Lot including any charges due
under any Storage Contract. All such sums due to the Seller will
be payable on demand.
8 FAILURE TO PAY FOR THE LOT
8.1 If the Purchase Price for a Lot is not paid to Bonhams in full in
accordance with the Contract for Sale, the Seller will be entitled,
with the prior written agreement of Bonhams but without further
notice to you, to exercise one or more of the following rights
(whether through Bonhams or otherwise):
8.1.1 to terminate immediately the Contract for Sale of the Lot for
your breach of contract;
8.1.2 to resell the Lot by auction, private treaty or any other means on
giving seven days’ written notice to you of the intention to resell;
8.1.3 to retain possession of the Lot;
8.1.4 to remove and store the Lot at your expense;
8.1.5 to take legal proceedings against you for any sum due under the
Contract for Sale and/or damages for breach of contract;
8.1.6 to be paid interest on any monies due (after as well as before
judgement or order) at the annual rate of 5% per annum above
the base rate of National Westminster Bank Plc from time to
time to be calculated on a daily basis from the date upon which
such monies become payable until the date of actual payment;
8.1.7 to repossess the Lot (or any part thereof) which has not become
your property, and for this purpose (unless the Buyer buys the
Lot as a Consumer from the Seller selling in the course of a
Business) you hereby grant an irrevocable licence to the Seller
by himself and to his servants or agents to enter upon all or
any of your premises (with or without vehicles) during normal
Business hours to take possession of the Lot or part thereof;
8.1.8 to retain possession of any other property sold to you by the
Seller at the Sale or any other auction or by private treaty until
all sums due under the Contract for Sale shall have been paid in
full in cleared funds;
8.1.9 to retain possession of, and on three months’ written notice
to sell, Without Reserve, any of your other property in the
possession of the Seller and/or of Bonhams (as bailee for the
Seller) for any purpose (including, without limitation, other goods
sold to you) and to apply any monies due to you as a result of
such Sale in satisfaction or part satisfaction of any amounts
owed to the Seller or to Bonhams; and
8.1.10 so long as such goods remain in the possession of the Seller
or Bonhams as its bailee, to rescind the contract for the Sale of
any other goods sold to you by the Seller at the Sale or at any
other auction or by private treaty and apply any monies received
from you in respect of such goods in part or full satisfaction of
any amounts owed to the Seller or to Bonhams by you.
8.2 You agree to indemnify the Seller against all legal and other
costs of enforcement, all losses and other expenses and costs
(including any monies payable to Bonhams in order to obtain
the release of the Lot) incurred by the Seller (whether or not
court proceedings will have been issued) as a result of Bonhams
taking steps under this paragraph 8 on a full indemnity basis
together with interest thereon (after as well as before judgement
or order) at the rate specified in paragraph 8.1.6 from the date
upon which the Seller becomes liable to pay the same until
payment by you.
8.3 On any resale of the Lot under paragraph 8.1.2, the Seller will
account to you in respect of any balance remaining from any
monies received by him or on his behalf in respect of the Lot,
after the payment of all sums due to the Seller and to Bonhams,
within 28 days of receipt of such monies by him or on his behalf.
9 THE SELLER’S LIABILITY
9.1 The Seller will not be liable for any injury, loss or damage caused
by the Lot after the fall of the Auctioneer’s hammer in respect of
the Lot.
9.2 Subject to paragraph 9.3 below, except for breach of the
express undertaking provided in paragraph 2.1.5, the Seller
will not be liable for any breach of any term that the Lot will
correspond with any Description applied to it by or on behalf of
the Seller, whether implied by the Sale of Goods Act 1979 or
otherwise.
9.3 Unless the Seller sells the Lot in the course of a Business and
the Buyer buys it as a Consumer,
9.3.1 the Seller will not be liable (whether in negligence, other tort,
breach of contract or statutory duty or in restitution or under the
Misrepresentation Act 1967, or in any other way) for any lack of
conformity with, or inaccuracy, error, misdescription or omission
in any Description of the Lot or any Entry or Estimate in relation
to the Lot made by or on behalf of the Seller (whether made in
writing, including in the Catalogue, or on the Website, or orally,
or by conduct or otherwise) and whether made before or after
this agreement or prior to or during the Sale;
9.3.2 the Seller will not be liable for any loss of Business, Business
profits or revenue or income or for loss of reputation or for
disruption to Business or wasted time on the part of the Buyer
or of the Buyer’s management or staff or, for any indirect losses
or consequential damages of any kind, irrespective in any case
of the nature, volume or source of the loss or damage alleged to
be suffered, and irrespective of whether the said loss or damage
is caused by or claimed in respect of any negligence, other
tort, breach of contract, statutory duty, restitutionary claim or
otherwise;
9.3.3 in any circumstances where the Seller is liable to you in respect
of the Lot, or any act, omission, statement, or representation
in respect of it, or this agreement or its performance, and
whether in damages, for an indemnity or contribution or for
a restitutionary remedy or in any way whatsoever, the Seller’s
liability will be limited to payment of a sum which will not exceed
by way of maximum the amount of the Purchase Price of the
Lot irrespective in any case of the nature, volume or source
of any loss or damage alleged to be suffered or sum claimed
as due, and irrespective of whether the liability arises from
any negligence, other tort, breach of contract, statutory duty,
bailee’s duty, restitutionary claim or otherwise.
9.4 Nothing set out in paragraphs 9.1 to 9.3 above will be
construed as excluding or restricting (whether directly or
indirectly) any person’s liability or excluding or restricting anyperson’s rights or remedies in respect of (i) fraud, or (ii) death
or personal injury caused by the Seller’s negligence (or any
person under the Seller’s control or for whom the Seller is legally
responsible), or (iii) acts or omissions for which the Seller is liable
under the Occupiers Liability Act 1957, or (iv) any other liability
to the extent the same may not be excluded or restricted as a
matter of law.
10 MISCELLANEOUS
10.1 You may not assign either the benefit or burden of the Contract
for Sale.
10.2 The Seller’s failure or delay in enforcing or exercising any power
or right under the Contract for Sale will not operate or be
deemed to operate as a waiver of his rights under it except to
the extent of any express waiver given to you in writing. Any
such waiver will not affect the Seller’s ability subsequently to
enforce any right arising under the Contract for Sale.
10.3 If either party to the Contract for Sale is prevented from
performing that party’s respective obligations under the Contract
for Sale by circumstances beyond its reasonable control or
if performance of its obligations would by reason of such
circumstances give rise to a significantly increased financial
cost to it, that party will not, for so long as such circumstances
prevail, be required to perform such obligations. This paragraph
does not apply to the obligations imposed on you by paragraph
6.
10.4 Any notice or other communication to be given under the
Contract for Sale must be in writing and may be delivered by
hand or sent by first class post or air mail or fax transmission, if to
the Seller, addressed c/o Bonhams at its address or fax number
in the Catalogue (marked for the attention of the Company
Secretary), and if to you to the address or fax number of the
Buyer given in the Bidding Form (unless notice of any change of
address is given in writing). It is the responsibility of the sender
of the notice or communication to ensure that it is received in a
legible form within any applicable time period.
10.5 If any term or any part of any term of the Contract for Sale
is held to be unenforceable or invalid, such unenforceability
or invalidity will not affect the enforceability and validity of the
remaining terms or the remainder of the relevant term.
10.6 References in the Contract for Sale to Bonhams will, where
appropriate, include reference to Bonhams’ officers, employees
and agents and to any subsidiary of Bonhams Holdings Limited
and to its officers, employees and agents.
10.7 The headings used in the Contract for Sale are for convenience
only and will not affect its interpretation.
10.8 In the Contract for Sale “including” means “including, without
limitation”.
10.9 References to the singular will include reference to the plural
(and vice versa) and reference to any one gender will include
reference to the other genders.
10.10 Reference to a numbered paragraph is to a paragraph of the
Contract for Sale.
10.11 Save as expressly provided in paragraph 10.12 nothing in the
Contract for Sale confers (or purports to confer) on any person
who is not a party to the Contract for Sale any benefit conferred
by, or the right to enforce any term of, the Contract for Sale.
10.12 Where the Contract for Sale confers an immunity from, and/or
an exclusion or restriction of, the responsibility and/or liability
of the Seller, it will also operate in favour and for the benefit of
Bonhams, Bonhams’ holding company and the subsidiaries
of such holding company and the successors and assigns of
Bonhams and of such companies and of any officer, employee
and agent of Bonhams and such companies, each of whom
will be entitled to rely on the relevant immunity and/or exclusion
and/or restriction within and for the purposes of Contracts
(Rights of Third Parties) Act 1999, which enables the benefit of
a contract to be extended to a person who is not a party to the
contract, and generally at law.
11 GOVERNING LAW
All transactions to which the Contract for Sale applies and
all connected matters will be governed by and construed in
accordance with the laws of that part of the United Kingdom
where the Sale takes place and the Seller and you each submit
to the exclusive jurisdiction of the courts of that part of the
United Kingdom, save that the Seller may bring proceedings
against you in any other court of competent jurisdiction to
the extent permitted by the laws of the relevant jurisdiction.
Bonhams has a complaints procedure in place.
APPENDIX 2
BUYER’S AGREEMENT WITH BONHAMS
IMPORTANT: These terms may be changed in advance of the Sale
of the Lot to you, by the setting out of different terms in the
Catalogue for the Sale and/or by placing an insert in the
Catalogue and/or by notices at the Sale venue and/or by oral
announcements before and during the Sale at the Sale venue.
You should be alert to this possibility of changes and ask in
advance of bidding if there have been any.
1 THE CONTRACT
1.1 These terms govern the contract between Bonhams personally
and the Buyer, being the person to whom a Lot has been
knocked down by the Auctioneer.
1.2 The Definitions and Glossary contained in Appendix 3 to the
Catalogue for the Sale are incorporated into this agreement and
a separate copy can also be provided by us on request. Where
words and phrases which are defined in the List of Definitions
are used in this agreement, they are printed in italics. Reference
is made in this agreement to information printed in the Notice to
Bidders, printed in the Catalogue for the Sale, and where such
information is referred to it is incorporated into this agreement.
1.3 Except as specified in paragraph 4 of the Notice to Bidders the
Contract for Sale of the Lot between you and the Seller is made
on the fall of the Auctioneer’s hammer in respect of the Lot,
when it is knocked down to you. At that moment a separate
contract is also made between you and Bonhams on the terms
in this Buyer’s Agreement.
1.4 We act as agents for the Seller and are not answerable or
personally responsible to you for any breach of contract or other
default by the Seller, unless Bonhams sells the Lot as principal.
1.5 Our personal obligations to you are governed by this agreement
and we agree, subject to the terms below, to the following
obligations:
1.5.1 we will, until the date and time specified in the Notice to Bidders
or otherwise notified to you, store the Lot in accordance with
paragraph 5;
1.5.2 subject to any power of the Seller or us to refuse to release
the Lot to you, we will release the Lot to you in accordance
with paragraph 4 once you have paid to us, in cleared funds,
everything due to us and the Seller and following completion of
our enquiries pursuant to paragraph 3.11;
1.5.3 we will provide guarantees in the terms set out in paragraphs 9
and 10.
1.6 We do not make or give and do not agree to make or give
any contractual promise, undertaking, obligation, Guarantee,
warranty, representation of fact in relation to any Description
of the Lot or any Estimate in relation to it, nor of the accuracy
or completeness of any Description or Estimate which may
have been made by us or on our behalf or by or on behalf
of the Seller (whether made orally or in writing, including in
the Catalogue or on Bonhams’ Website, or by conduct, or
otherwise), and whether made before or after this agreement or
prior to or during the Sale. No such Description or Estimate is
incorporated into this agreement between you and us. Any such
Description or Estimate, if made by us or on our behalf, was
(unless Bonhams itself sells the Lot as principal) made as agent
on behalf of the Seller.
2 PERFORMANCE OF THE CONTRACT FOR SALE
You undertake to us personally that you will observe and comply
with all your obligations and undertakings to the Seller under the
Contract for Sale in respect of the Lot.
3 PAYMENT AND BUYER WARRANTIES
3.1 Unless agreed in writing between you and us or as otherwise
set out in the Notice to Bidders, you must pay to us by not later
than 4.30pm on the second working day following the Sale:
3.1.1 the Purchase Price for the Lot;
3.1.2 a Buyer’s Premium in accordance with the rates set out in the
Notice to Bidders on each lot, and
3.1.3 if the Lot is marked [AR], an Additional Premium which is
calculated and payable in accordance with the Notice to
Bidders together with VAT on that sum if applicable so that all
sums due to us are cleared funds by the seventh working day
after the Sale.
3.2 You must also pay us on demand any Expenses payable
pursuant to this agreement.
3.3 All payments to us must be made in the currency in which the
Sale was conducted, using, unless otherwise agreed by us in
writing, one of the methods of payment set out in the Notice to
Bidders. Our invoices will only be addressed to the registered
Bidder unless the Bidder is acting as an agent for a named
principal and we have approved that arrangement, in which
case we will address the invoice to the principal.
3.4 Unless otherwise stated in this agreement all sums payable to
us will be subject to VAT at the appropriate rate and VAT will be
payable by you on all such sums.
3.5 We may deduct and retain for our own benefit from the monies
paid by you to us the Buyer’s Premium, the Commission
payable by the Seller in respect of the Lot, any Expenses and
VAT and any interest earned and/or incurred until payment to
the Seller.
3.6 Time will be of the essence in relation to any payment payable
to us. If you do not pay the Purchase Price, or any other sum
due to us in accordance with this paragraph 3, we will have the
rights set out in paragraph 7 below.
3.7 Where a number of Lots have been knocked down to you, any
monies we receive from you will be applied firstly pro-rata to pay
the Purchase Price of each Lot and secondly pro-rata to pay all
amounts due to Bonhams.
3.8 You warrant that neither you nor - if you are a company,
your directors, officers or your owner or their directors or
shareholders - are an individual or an entity that is, or is owned
or controlled by individuals or entities that are:
3.8.1 the subject of any sanctions administered or enforced by the
U.S. Department of the Treasury’s Office of Foreign Assets
Control, the U.S. Departure of State, the United Nations Security
Council, the European Union, Her Majesty’s Treasury, or other
relevant sanctions authority (“Sanctions” and a “Sanctioned
Party”); or
3.8.2 located, organised or resident in a country or territory that is,
or whose government is, the subject of Sanctions, including
without limitation, Iran, North Korea, Sudan and Syria.
3.9 You warrant that the funds being used for your purchase have
no link with criminal activity including without limitation money
laundering, tax evasion or terrorist financing, and that you not
under investigation for neither have been charged nor convicted
in connection with any criminal activity.
3.10 Where you are acting as agent for another party (“your
Principal”), you undertake and warrant that:
3.10.1 you have conducted suitable customer due diligence into
your Principal under applicable Sanctions and Anti-Money
Laundering laws and regulations;
3.10.2 your Principal is not a Sanctioned Party and not owned, partially
owned or controlled by a Sanctioned Party, and you have no
reason to suspect that your Principal has been charged or
convicted with, money laundering, terrorism or other crimes;
3.10.3 funds used for your or your Principal’s purchase are not
connected with or derived from any criminal activity, including
without limitation tax evasion, money laundering or terrorist
financing;
3.10.4 items purchased by you and your Principal through Bonhams
are not being purchased or to be used in any way connected
with or to facilitate breaches of applicable Tax, Anti-Money
Laundering or Anti-Terrorism laws and regulations; and
3.10.5 that you consent to Bonhams relying upon your customer due
diligence, undertaking to retain records of your due diligence
for at least 5 years and to make such due diligence records
available for inspection by an independent auditor in the event
we request you to do so.
3.11 We reserve the rights to make enquiries about any person
transacting with us and to identify the source of any funds
received from you. In the event we have not completed our
investigations in respect of anti-terrorism financing, anti-money
laundering or other financial and identity checks concerning
either you or the Seller, to our satisfaction at our discretion,
we shall be entitled to retain Lots and/or proceeds of Sale,
postpone or cancel any sale and to take any other actions
required or permitted under applicable law, without liability to
you.
4 COLLECTION OF THE LOT
4.1 Subject to any power of the Seller or us to refuse to release
the Lot to you, once you have paid to us, in cleared funds,
everything due to the Seller and to us, and once we have
completed our investigations under paragraph 3.11, we will
release the Lot to you or as you may direct us in writing. The
Lot will only be released on production of a buyer collection
document, obtained from our cashier’s office.
4.2 You must collect and remove the Lot at your own expense by
the date and time specified in the Notice to Bidders, or if no
date is specified, by 4.30pm on the seventh day after the Sale.
4.3 For the period referred to in paragraph 4.2, the Lot can be
collected from the address referred to in the Notice to Bidders
for collection on the days and times specified in the Notice to
Bidders. Thereafter, the Lot may be removed elsewhere for
storage and you must enquire from us as to when and where
you can collect it, although this information will usually be set
out in the Notice to Bidders.
4.4 If you have not collected the Lot by the date specified in the
Notice to Bidders, you authorise us, acting in this instance as
your agent and on your behalf, to enter into a contract (the
“Storage Contract”) with the Storage Contractor for the storage
of the Lot on the then current standard terms and conditions
agreed between Bonhams and the Storage Contractor (copies
of which are available on request). If the Lot is stored at our
premises storage fees at our current daily rates (currently a
minimum of ?3 plus VAT per Lot per day) will be payable from
the expiry of the period referred to in paragraph 4.2. These
storage fees form part of our Expenses.
4.5 Until you have paid the Purchase Price and any Expenses in
full the Lot will either be held by us as agent on behalf of the
Seller or held by the Storage Contractor as agent on behalf of
the Seller and ourselves on the terms contained in the Storage
Contract.
4.6 You undertake to comply with the terms of any Storage
Contract and in particular to pay the charges (and all costs of
moving the Lot into storage) due under any Storage Contract.
You acknowledge and agree that you will not be able to collect
the Lot from the Storage Contractor’s premises until you have
paid the Purchase Price, any Expenses and all charges due
under the Storage Contract.
4.7 You will be wholly responsible for packing, handling and
transport of the Lot on collection and for complying with all
import or export regulations in connection with the Lot.
4.8 You will be wholly responsible for any removal, storage, or other
charges for any Lot not removed in accordance with paragraph
4.2, payable at our current rates, and any Expenses we incur
(including any charges due under the Storage Contract), all of
which must be paid by you on demand and in any event before
any collection of the Lot by you or on your behalf.
5 STORING THE LOT
We agree to store the Lot until the earlier of your removal of the
Lot or until the time and date set out in the Notice to Bidders,
on the Sale Information Page or at the back of the catalogue (or
if no date is specified, by 4.30pm on the seventh day after the
Sale) and, subject to paragraphs 3, 6 and 10, to be responsible
as bailee to you for damage to or the loss or destruction of the
Lot (notwithstanding that it is not your property before payment
of the Purchase Price). If you do not collect the Lot before the
time and date set out in the Notice to Bidders (or if no date
is specified, by 4.30pm on the seventh day after the Sale) we
may remove the Lot to another location, the details of which
will usually be set out in the relevant section of the Catalogue. Ifyou have not paid for the Lot in accordance with paragraph 3,
and the Lot is moved to any third party’s premises, the Lot will
be held by such third party strictly to Bonhams’ order and we
will retain our lien over the Lot until we have been paid in full in
accordance with paragraph 3.
6 RESPONSIBILITY FOR THE LOT
6.1 Title (ownership) in the Lot passes to you (i) on payment of
the Purchase Price to us in full in cleared funds and (ii) when
investigations have been completed to our satisfaction under
paragraph 3.11.
6.2 Please note however, that under the Contract for Sale, the risk in
the Lot passes to you after 7 days from the day upon which
it is knocked down to you or upon collection of the Lot if
earlier, and you are advised to obtain insurance in respect of the
Lot as soon as possible after the Sale.
7 FAILURE TO PAY OR TO REMOVE THE LOT AND PART
PAYMENTS
7.1 If all sums payable to us are not so paid in full at the time they
are due and/or the Lot is not removed in accordance with
this agreement, we will (without further notice to you unless
otherwise provided below), be entitled to exercise one or more
of the following rights (without prejudice to any rights we may
exercise on behalf of the Seller):
7.1.1 to terminate this agreement immediately for your breach of
contract;
7.1.2 to retain possession of the Lot;
7.1.3 to remove, and/or store the Lot at your expense;
7.1.4 to take legal proceedings against you for payment of any sums
payable to us by you (including the Purchase Price) and/or
damages for breach of contract;
7.1.5 to be paid interest on any monies due to us (after as well as
before judgement or order) at the annual rate of 5% per annum
above the base lending rate of National Westminster Bank Plc
from time to time to be calculated on a daily basis from the
date upon which such monies become payable until the date of
actual payment;
7.1.6 to repossess the Lot (or any part thereof) which has not become
your property, and for this purpose (unless you buy the Lot as
a Consumer) you hereby grant an irrevocable licence to us, by
ourselves, our servants or agents, to enter upon all or any of
your premises (with or without vehicles) during normal business
hours to take possession of any Lot or part thereof;
7.1.7 to sell the Lot Without Reserve by auction, private treaty or any
other means on giving you three months’ written notice of our
intention to do so;
7.1.8 to retain possession of any of your other property in our
possession for any purpose (including, without limitation, other
goods sold to you or with us for Sale) until all sums due to us
have been paid in full;
7.1.9 to apply any monies received from you for any purpose whether
at the time of your default or at any time thereafter in payment
or part payment of any sums due to us by you under this
agreement;
7.1.10 on three months’ written notice to sell, Without Reserve, any of
your other property in our possession or under our control for
any purpose (including other goods sold to you or with us for
Sale) and to apply any monies due to you as a result of such
Sale in payment or part payment of any amounts owed to us;
7.1.11 refuse to allow you to register for a future Sale or to reject a bid
from you at any future Sale or to require you to pay a deposit
before any bid is accepted by us at any future Sale in which
case we will be entitled to apply such deposit in payment or part
payment, as the case may be, of the Purchase Price of any Lot
of which you are the Buyer.
7.1.12 having made reasonable efforts to inform you, to release your
name and address to the Seller, so they might take appropriate
steps to recover the amounts due and legal costs associated
with such steps.
7.2 You agree to indemnify us against all legal and other costs, all
losses and all other Expenses (whether or not court proceedings
will have been issued) incurred by us as a result of our taking
steps under this paragraph 7 on a full indemnity basis together
with interest thereon (after as well as before judgement or order)
at the rate specified in paragraph 7.1.5 from the date upon
which we become liable to pay the same until payment by you.
7.3 If you pay us only part of the sums due to us such payment
shall be applied firstly to the Purchase Price of the Lot (or
where you have purchased more than one Lot pro-rata towards
the Purchase Price of each Lot) and secondly to the Buyer’s
Premium (or where you have purchased more than one Lot
pro-rata to the Buyer’s Premium on each Lot) and thirdly to any
other sums due to us.
7.4 We will account to you in respect of any balance we hold
remaining from any monies received by us in respect of any
Sale of the Lot under our rights under this paragraph 7 after the
payment of all sums due to us and/or the Seller within 28 days
of receipt by us of all such sums paid to us.
8 CLAIMS BY OTHER PERSONS IN RESPECT OF THE LOT
8.1 Whenever it becomes apparent to us that the Lot is the subject
of a claim by someone other than you and other than the
Seller (or that such a claim can reasonably be expected to be
made), we may, at our absolute discretion, deal with the Lot in
any manner which appears to us to recognise the legitimate
interests of ourselves and the other parties involved and lawfully
to protect our position and our legitimate interests. Without
prejudice to the generality of the discretion and by way of
example, we may:
8.1.1 retain the Lot to investigate any question raised or reasonably
expected by us to be raised in relation to the Lot; and/or
8.1.2 deliver the Lot to a person other than you; and/or
8.1.3 commence interpleader proceedings or seek any other order of
any court, mediator, arbitrator or government body; and/or
8.1.4 require an indemnity and/or security from you in return for
pursuing a course of action agreed to by you.
8.2 The discretion referred to in paragraph 8.1:
8.2.1 may be exercised at any time during which we have actual or
constructive possession of the Lot, or at any time after such
possession, where the cessation of such possession has
occurred by reason of any decision, order or ruling of any court,
mediator, arbitrator or government body; and
8.2.2 will not be exercised unless we believe that there exists a
serious prospect of a good arguable case in favour of the claim.
9 FORGERIES
9.1 We undertake a personal responsibility for any Forgery in
accordance with the terms of this paragraph 9.
9.2 Paragraph 9 applies only if:
9.2.1 your name appears as the named person to whom the original
invoice was made out by us in respect of the Lot and that
invoice has been paid; and
9.2.2 you notify us in writing as soon as reasonably practicable after
you have become aware that the Lot is or may be a Forgery,
and in any event within one year after the Sale, that the Lot is a
Forgery; and
9.2.3 within one month after such notification has been given, you
return the Lot to us in the same condition as it was at the time
of the Sale, accompanied by written evidence that the Lot is
a Forgery and details of the Sale and Lot number sufficient to
identify the Lot.
9.3 Paragraph 9 will not apply in respect of a Forgery if:
9.3.1 the Entry in relation to the Lot contained in the Catalogue
reflected the then accepted general opinion of scholars and
experts or fairly indicated that there was a conflict of such
opinion or reflected the then current opinion of an expert
acknowledged to be a leading expert in the relevant field; or
9.3.2 it can be established that the Lot is a Forgery only by means of
a process not generally accepted for use until after the date on
which the Catalogue was published or by means of a process
which it was unreasonable in all the circumstances for us to
have employed.
9.4 You authorise us to carry out such processes and tests on
the Lot as we in our absolute discretion consider necessary to
satisfy ourselves that the Lot is or is not a Forgery.
9.5 If we are satisfied that a Lot is a Forgery we will (as principal)
purchase the Lot from you and you will transfer the title to the
Lot in question to us, with full title guarantee, free from any liens,
charges, encumbrances and adverse claims, in accordance with
the provisions of Sections 12(1) and 12(2) of the Sale of Goods
Act 1979 and we will pay to you an amount equal to the sum of
the Purchase Price, Buyer’s Premium, VAT and Expenses paid
by you in respect of the Lot.
9.6 The benefit of paragraph 9 is personal to, and incapable of
assignment by, you.
9.7 If you sell or otherwise dispose of your interest in the Lot, all
rights and benefits under this paragraph 9 will cease.
9.8 Paragraph 9 does not apply to a Lot made up of or including a
Chinese painting or Chinese paintings, a motor vehicle or motor
vehicles, a Stamp or Stamps or a Book or Books.
10 OUR LIABILITY
10.1 We will not be liable whether in negligence, other tort, breach
of contract or statutory duty or in restitution or under the
Misrepresentation Act 1967 or in any other way for lack of
conformity with or any inaccuracy, error, misdescription or
omission in any Description of the Lot or any Entry or Estimate
in respect of it, made by us or on our behalf or by or on
behalf of the Seller (whether made in writing, including in the
Catalogue, or on the Bonhams’ Website, or orally, or by conduct
or otherwise) and whether made before or after this agreement
or prior to or during the Sale.
10.2 Our duty to you while the Lot is at your risk and/or your property
and in our custody and/or control is to exercise reasonable care
in relation to it, but we will not be responsible for damage to the
Lot or to other persons or things caused by:
10.2.1 handling the Lot if it was affected at the time of Sale to you by
woodworm and any damage is caused as a result of it being
affected by woodworm; or
10.2.2 changes in atmospheric pressure; nor will we be liable for:
10.2.3 damage to tension stringed musical instruments; or
10.2.4 damage to gilded picture frames, plaster picture frames or
picture frame glass; and if the Lot is or becomes dangerous,
we may dispose of it without notice to you in advance in any
manner we think fit and we will be under no liability to you for
doing so.
10.3.1 We will not be liable to you for any loss of Business, Business
profits, revenue or income or for loss of Business reputation
or for disruption to Business or wasted time on the part of the
Buyer’s management or staff or, if you are buying the Lot in the
course of a Business, for any indirect losses or consequential
damages of any kind, irrespective in any case of the nature,
volume or source of the loss or damage alleged to be suffered,
and irrespective of whether the said loss or damage is caused
by or claimed in respect of any negligence, other tort, breach
of contract, statutory duty, bailee’s duty, a restitutionary claim
or otherwise.
10.3.2 Unless you buy the Lot as a Consumer, in any circumstances
where we are liable to you in respect of a Lot, or any act,
omission, statement, representation in respect of it, or this
agreement or its performance, and whether in damages, for an
indemnity or contribution or for a restitutionary remedy or in any
way whatsoever, our liability will be limited to payment of a sum
which will not exceed by way of maximum the amount of the
Purchase Price of the Lot plus Buyer’s Premium (less any sum
you may be entitled to recover from the Seller) irrespective in
any case of the nature, volume or source of any loss or damage
alleged to be suffered or sum claimed as due, and irrespective
of whether the liability arises from negligence, other tort, breach
of contract, statutory duty, bailee’s duty, a restitutionary claim
or otherwise.
You may wish to protect yourself against loss by obtaining insurance.
10.4 Nothing set out above will be construed as excluding or
restricting (whether directly or indirectly) any person’s liability
or excluding or restricting any person’s rights or remedies in
respect of (i) fraud, or (ii) death or personal injury caused by our
negligence (or any person under our control or for whom we are
legally responsible), or (iii) acts or omissions for which we are
liable under the Occupiers Liability Act 1957, or (iv) any other
liability to the extent the same may not be excluded or restricted
as a matter of law, or (v) under our undertaking in paragraph 9
of these conditions.
11 BOOKS MISSING TEXT OR ILLUSTRATIONS
Where the Lot is made up wholly of a Book or Books and
any Book does not contain text or illustrations (in either case
referred to as a “non-conforming Lot”), we undertake a personal
responsibility for such a non-conforming Lot in accordance with
the terms of this paragraph, if:
the original invoice was made out by us to you in respect of the
Lot and that invoice has been paid; and
you notify us in writing as soon as reasonably practicable after
you have become aware that the Lot is or may be a nonconforming Lot, and in any event within 20 days after the Sale
(or such longer period as we may agree in writing) that the Lot is
a non-conforming Lot; and
within 20 days of the date of the relevant Sale (or such longer
period as we may agree in writing) you return the Lot to us in the
same condition as it was at the time of the Sale, accompanied by
written evidence that the Lot is a non-conforming Lot and details
of the Sale and Lot number sufficient to identify the Lot.but not if:
the Entry in the Catalogue in respect of the Lot indicates that the
rights given by this paragraph do not apply to it; or
the Entry in the Catalogue in respect of the Lot reflected the
then accepted general opinion of scholars and experts or fairly
indicated that there was a conflict of such opinion; or
it can be established that the Lot is a non-conforming Lot only
by means of a process not generally accepted for use until after
the date on which the Catalogue was published or by means of
a process which it was unreasonable in all the circumstances for
us to have employed; or
the Lot comprises atlases, maps, autographs, manuscripts,
extra illustrated books, music or periodical publications; or
the Lot was listed in the Catalogue under “collections” or
“collections and various” or the Lot was stated in the Catalogue
to comprise or contain a collection, issue or Books which are
undescribed or the missing text or illustrations are referred to
or the relevant parts of the Book contain blanks, half titles or
advertisements.
If we are reasonably satisfied that a Lot is a non- conforming
Lot, we will (as principal) purchase the Lot from you and you
will transfer the title to the Lot in question to us, with full title
guarantee, free from any liens, charges, encumbrances and
adverse claims and we will pay to you an amount equal to the
sum of the Purchase Price and Buyer’s Premium paid by you in
respect of the Lot.
The benefit of paragraph 10 is personal to, and incapable of
assignment by, you and if you sell or otherwise dispose of your
interest in the Lot, all rights and benefits under this paragraph
will cease.
12 MISCELLANEOUS
12.1 You may not assign either the benefit or burden of this agreement.
12.2 Our failure or delay in enforcing or exercising any power or right
under this agreement will not operate or be deemed to operate
as a waiver of our rights under it except to the extent of any
express waiver given to you in writing. Any such waiver will not
affect our ability subsequently to enforce any right arising under
this agreement.
12.3 If either party to this agreement is prevented from performing
that party’s respective obligations under this agreement
by circumstances beyond its reasonable control (including
without limitation governmental intervention, industrial action,
insurrection, warfare (declared or undeclared), terrorism, power
failure, epidemic or natural disaster) or if performance of its
obligations would by reason of such circumstances give rise
to a significantly increased financial cost to it, that party will
not, for so long as such circumstances prevail, be required to
perform such obligations. This paragraph does not apply to the
obligations imposed on you by paragraph 3.
12.4 Any notice or other communication to be given under this
agreement must be in writing and may be delivered by hand
or sent by first class post or air mail or fax transmission (if to
Bonhams marked for the attention of the Company Secretary),
to the address or fax number of the relevant party given in the
Contract Form (unless notice of any change of address is given
in writing). It is the responsibility of the sender of the notice orcommunication to ensure that it is received in a legible form
within any applicable time period.
12.5 If any term or any part of any term of this agreement is held to
be unenforceable or invalid, such unenforceability or invalidity
will not affect the enforceability and validity of the remaining
terms or the remainder of the relevant term.
12.6 References in this agreement to Bonhams will, where
appropriate, include reference to Bonhams’ officers, employees
and agents.
12.7 The headings used in this agreement are for convenience only
and will not affect its interpretation.
12.8 In this agreement “including” means “including, without
limitation”.
12.9 References to the singular will include reference to the plural
(and vice versa) and reference to any one gender will include
reference to the other genders.
12.10 Reference to a numbered paragraph is to a paragraph of this
agreement.
12.11 Save as expressly provided in paragraph 12.12 nothing in this
agreement confers (or purports to confer) on any person who
is not a party to this agreement any benefit conferred by, or the
right to enforce any term of, this agreement.
12.12 Where this agreement confers an immunity from, and/or an
exclusion or restriction of, the responsibility and/or liability
of Bonhams, it will also operate in favour and for the benefit
of Bonhams’ holding company and the subsidiaries of such
holding company and the successors and assigns of Bonhams
and of such companies and of any officer, employee and
agent of Bonhams and such companies, each of whom will be
entitled to rely on the relevant immunity and/or exclusion and/
or restriction within and for the purposes of Contracts (Rights of
Third Parties) Act 1999, which enables the benefit of a contract
to be extended to a person who is not a party to the contract,
and generally at law.
13 GOVERNING LAW
All transactions to which this agreement applies and all
connected matters will be governed by and construed in
accordance with the laws of that part of the United Kingdom
where the Sale takes (or is to take) place and we and you each
submit to the exclusive jurisdiction of the courts of that part
of the United Kingdom, save that we may bring proceedings
against you in any other court of competent jurisdiction to
the extent permitted by the laws of the relevant jurisdiction.
Bonhams has a complaints procedure in place.
DATA PROTECTION – USE OF YOUR INFORMATION
Where we obtain any personal information about you, we shall only
use it in accordance with the terms of our Privacy Policy (subject to
any additional specific consent(s) you may have given at the time
your information was disclosed). A copy of our Privacy Policy can be
found on our Website www.bonhams.com or requested by post from
Customer Services Department, 101 New Bond Street, London W1S
1SR, United Kingdom or by email from info@bonhams.com.
APPENDIX 3
DEFINITIONS AND GLOSSARY
Where these Definitions and Glossary are incorporated, the following
words and phrases used have (unless the context otherwise requires)
the meanings given to them below. The Glossary is to assist you to
understand words and phrases which have a specific legal meaning
with which you may not be familiar.
LIST OF DEFINITIONS
“Account” the bank account of Bonhams into which all sums received
in respect of the Purchase Price of any Lot will be paid.
“Additional Premium” a premium, calculated in accordance with
the Notice to Bidders, to cover Bonhams’ Expenses relating to the
payment of royalties under the Artists Resale Right Regulations 2006
which is payable by the Buyer to Bonhams on any Lot marked [AR]
which sells for a Hammer Price which together with the Buyer’s
Premium (but excluding any VAT) equals or exceeds 1000 euros
(converted into the currency of the Sale using the European Central
Bank Reference rate prevailing on the date of the Sale).
“Auctioneer” the representative of Bonhams conducting
the Sale.
“Bidder” Any person considering, attempting or making a Bid,
including those who have completed a Bidding Form.
“Bidding Form” our Bidding Registration Form, our Absentee Bidding
Form or our Telephone Bidding Form.
“Bonhams” Bonhams 1793 Limited or its successors or assigns.
Bonhams is also referred to in the Buyer’s Agreement, the Conditions
of Business and the Notice to Bidders by the words “we”, “us” and
“our”.
“Book” a printed Book offered for Sale at a specialist Book Sale.
“Business” includes any trade, Business and profession.
“Buyer” the person to whom a Lot is knocked down by the
Auctioneer. The Buyer is also referred to in the Contract for Sale and
the Buyer’s Agreement by the words “you” and “your”.
“Buyer’s Agreement” the contract entered into by Bonhams with the
Buyer (see Appendix 2 in the Catalogue).
“Buyer’s Premium” the sum calculated on the Hammer Price at the
rates stated in the Notice to Bidders.
“Catalogue” the Catalogue relating to the relevant Sale, including any
representation of the Catalogue published on our Website.
“Commission” the Commission payable by the Seller to Bonhams
calculated at the rates stated in the Contract Form.
“Condition Report” a report on the physical condition of a Lot provided
to a Bidder or potential Bidder by Bonhams on behalf of the Seller.
“Conditions of Sale” the Notice to Bidders, Contract for Sale, Buyer’s
Agreement and Definitions and Glossary.
“Consignment Fee” a fee payable to Bonhams by the Seller
calculated at rates set out in the Conditions of Business.
“Consumer” a natural person who is acting for the relevant purpose
outside his trade, Business or profession.
“Contract Form” the Contract Form, or vehicle Entry form, as
applicable, signed by or on behalf of the Seller listing the Lots to be
offered for Sale by Bonhams.
“Contract for Sale” the Sale contract entered into by the Seller with
the Buyer (see Appendix 1 in the Catalogue).
“Contractual Description” the only Description of the Lot (being
that part of the Entry about the Lot in the Catalogue which is in bold
letters, any photograph (except for the colour) and the contents of any
Condition Report) to which the Seller undertakes in the Contract of
Sale the Lot corresponds.
“Description” any statement or representation in any way descriptive
of the Lot, including any statement or representation relating to its
authorship, attribution, condition, provenance, authenticity, style,
period, age, suitability, quality, origin, value, estimated selling price
(including the Hammer Price).
“Entry” a written statement in the Catalogue identifying the Lot and its
Lot number which may contain a Description and illustration(s) relating
to the Lot.
“Estimate” a statement of our opinion of the range within which the
hammer is likely to fall.
“Expenses” charges and Expenses paid or payable by Bonhams
in respect of the Lot including legal Expenses, banking charges and
Expenses incurred as a result of an electronic transfer of money,
charges and Expenses for loss and damage cover, insurance,
Catalogue and other reproductions and illustrations, any customs
duties, advertising, packing or shipping costs, reproductions rights’
fees, taxes, levies, costs of testing, searches or enquiries, preparation
of the Lot for Sale, storage charges, removal charges, removal charges
or costs of collection from the Seller as the Seller’s agents or from a
defaulting Buyer, plus VAT if applicable.
“Forgery” an imitation intended by the maker or any other person to
deceive as to authorship, attribution, origin, authenticity, style, date,
age, period, provenance, culture, source or composition, which at the
date of the Sale had a value materially less than it would have had if the
Lot had not been such an imitation, and which is not stated to be such
an imitation in any description of the Lot. A Lot will not be a Forgery by
reason of any damage to, and/or restoration and/ or modification work
(including repainting or over painting) having been carried out on the
Lot, where that damage,
restoration or modification work (as the case may be) does not
substantially affect the identity of the Lot as one conforming to the
Description of the Lot.
“Guarantee” the obligation undertaken personally by Bonhams to the
Buyer in respect of any Forgery and, in the case of specialist Stamp
Sales and/or specialist Book Sales, a Lot made up of a Stamp or
Stamps or a Book or Books as set out in the Buyer’s Agreement.
“Hammer Price” the price in the currency in which the Sale is
conducted at which a Lot is knocked down by the Auctioneer.
“Loss and Damage Warranty” means the warranty described in
paragraph 8.2 of the Conditions of Business.
“Loss and Damage Warranty Fee” means the fee described in
paragraph 8.2.3 of the Conditions of Business.
“Lot” any item consigned to Bonhams with a view to its Sale at auction
or by private treaty (and reference to any Lot will include, unless the
context otherwise requires, reference to individual items comprised in a
group of two or more items offered for Sale as one Lot).
“Motoring Catalogue Fee” a fee payable by the Seller to Bonhams in
consideration of the additional work undertaken by Bonhams in respect
of the cataloguing of motor vehicles and in respect of the promotion of
Sales of motor vehicles.
“New Bond Street” means Bonhams’ saleroom at 101 New Bond
Street, London W1S 1SR.
“Notional Charges” the amount of Commission and VAT which would
have been payable if the Lot had been sold at the Notional Price.
“Notional Fee” the sum on which the Consignment Fee payable to
Bonhams by the Seller is based and which is calculated according to
the formula set out in the Conditions of Business.
“Notional Price” the latest in time of the average of the high and low
Estimates given by us to you or stated in the Catalogue or, if no such
Estimates have been given or stated, the Reserve applicable to the Lot.
“Notice to Bidders” the notice printed at the back or front of our
Catalogues.
“Purchase Price” the aggregate of the Hammer Price and VAT on the
Hammer Price (where applicable), the Buyer’s Premium and VAT on the
Buyer’s Premium and any Expenses.
“Reserve” the minimum price at which a Lot may be sold (whether at
auction or by private treaty).
“Sale” the auction Sale at which a Lot is to be offered for Sale by
Bonhams.
“Sale Proceeds” the net amount due to the Seller from the Sale of a
Lot, being the Hammer Price less the Commission, any VAT chargeable
thereon, Expenses and any other amount due to us in whatever
capacity and howsoever arising.
“Seller” the person who offers the Lot for Sale named on the Contract
Form. Where the person so named identifies on the form another
person as acting as his agent, or where the person named on the
Contract Form acts as an agent for a principal (whether such agency is
disclosed to Bonhams or not), “Seller” includes both the agent and the
principal who shall be jointly and severally liable as such. The Seller
is also referred to in the Conditions of Business by the words “you”
and “your”.
“Specialist Examination” a visual examination of a Lot by a specialist
on the Lot.
“Stamp” means a postage Stamp offered for Sale at a Specialist
Stamp Sale.
“Standard Examination” a visual examination of a Lot by a nonspecialist member of Bonhams’ staff.
“Storage Contract” means the contract described in paragraph
8.3.3 of the Conditions of Business or paragraph 4.4 of the Buyer’s
Agreement (as appropriate).
“Storage Contractor” means the company identified as such in the
Catalogue.
“Terrorism” means any act or threatened act of terrorism, whether
any person is acting alone or on behalf of or in connection with any
organisation(s) and/or government(s), committed for political, religious
or ideological or similar purposes including, but not limited to, the
intention to influence any government and/or put the public or any
section of the public into fear.
“VAT” value added tax at the prevailing rate at the date of the Sale in
the United Kingdom.
“Website” Bonhams Website at www.bonhams.com
“Withdrawal Notice” the Seller’s written notice to Bonhams revoking
Bonhams’ instructions to sell a Lot.
“Without Reserve” where there is no minimum price at which a Lot
may be sold (whether at auction or by private treaty).
GLOSSARY
The following expressions have specific legal meanings with which you
may not be familiar. The following glossary is intended to give you an
understanding of those expressions but is not intended to limit their
legal meanings:
“artist’s resale right”: the right of the creator of a work of art to receive
a payment on Sales of that work subsequent to the original Sale of
that work by the creator of it as set out in the Artists Resale Right
Regulations 2006.
“bailee”: a person to whom goods are entrusted.
“indemnity”: an obligation to put the person who has the benefit
of the indemnity in the same position in which he would have been,
had the circumstances giving rise to the indemnity not arisen and the
expression “indemnify” is construed accordingly.
“interpleader proceedings”: proceedings in the Courts to determine
ownership or rights over a Lot.
“knocked down”: when a Lot is sold to a Bidder, indicated by the fall
of the hammer at the Sale.
“lien”: a right for the person who has possession of the Lot to retain
possession of it.
“risk”: the possibility that a Lot may be lost, damaged, destroyed,
stolen, or deteriorate in condition or value.
“title”: the legal and equitable right to the ownership of a Lot.
“tort”: a legal wrong done to someone to whom the wrong doer has
a duty of care.
“warranty”: a legal assurance or promise, upon which the person to
whom the warranty was given has the right to rely.
SALE OF GOODS ACT 1979
The following is an extract from the Sale of Goods Act 1979:
“Section 12 Implied terms about title, etc
(1) In a contract of sale, other than one to which subsection (3) below
applies, there is an implied term on the part of the seller that in the
case of a sale he has a right to sell the goods, and in the case of
an agreement to sell he will have such a right at the time when the
property is to pass.
(2) In a contract of sale, other than one to which subsection (3) below
applies, there is also an implied term that-
(a) the goods are free, and will remain free until the time
when the property is to pass, from any charge or
encumbrance not disclosed or known to the buyer
before the contract is made, and
(b) the buyer will enjoy quiet possession of the goods
except in so far as it may be disturbed by the owner or
other person entitled to the benefit of any charge or
encumbrance so disclosed or known.
(3) This subsection applies to a contract of sale in the case of which
there appears from the contract or is to be inferred from its
circumstances an intention that the seller should transfer only such
title as he or a third person may have.
(4) In a contract to which subsection (3) above applies there is an
implied term that all charges or encumbrances known to the seller
and not known to the buyer have been disclosed to the buyer
before the contract is made.
(5) In a contract to which subsection (3) above applies there is also an
implied term that none of the following will disturb the buyer’s quiet
possession of the goods, namely:
(a) the seller;
(b) in a case where the parties to the contract intend
that the seller should transfer only such title as a third
person may have, that person;
(c) anyone claiming through or under the seller or that third
person otherwise than under a charge or encumbrance
disclosed or known to the buyer before the contract is
made.
(5A) As regards England and Wales and Northern Ireland, the term
implied by subsection (1) above is a condition and the terms
implied by subsections (2), (4) and (5) above are warranties.”