标志性的斯皮尔曼

HK/ONLINE/TERMS&CONDITIONS/V1/8.2026
IMPORTANT
These terms and conditions apply to all online bidding
at online-only auction Sales conducted by or in
conjunction with Bonhams (“Online Sales” and “Online
Bidding”). Information applicable to the Sale may also be
set out in the Online Sales Catalogue and/or in Special
Notices on our website, and it is your responsibility to
review that information.
BY REGISTERING TO PARTICIPATE IN A BONHAMS
ONLINE SALE, AND/OR BY BIDDING IN SUCH SALE, YOU
EXPRESSLY AGREE TO:
• THESE TERMS AND CONDITIONS INCLUDING THE
LIMITATIONS OF OUR AND THE SELLER’S LIABILITY
CONTAINED THEREIN;
• THE SELLER’S CONTRACT FOR SALE, SET OUT AT
APPENDIX 1 BELOW;
• THE BUYER’S AGREEMENT WITH BONHAMS. SET
OUT AT APPENDIX 2 BELOW;
• THE NOTICE TO BIDDERS IN ONLINE SALES;
• SUCH INFORMATION AS IS MADE AVAILABLE ON
OUR WEBSITE FOR THE ONLINE SALE; AND
• THE BONHAMS CONDITIONS OF WEBSITE USE.
References in this document to “Bonhams”, “we” or “us”
mean Bonhams 1793 Limited, Bonhams & Butterfields
Auctioneers Corporation, or (if different) the other
Bonhams Group company that is conducting the
relevant Sale and any successors and assigns thereto.
References herein to “you” and “your” mean the person
or entity registering to bid, bidding or buying in an Online
Sale. Where words and phrases are used which are in
the List of Definitions at the end of these Terms and
Conditions, they are printed in italics.
A. OUR ROLE
A1. In its role as Auctioneer of Lots, Bonhams acts
solely for and in the interests of the Seller.
Bonhams’ role is to sell the Lot at the highest
price obtainable at the Sale to a Bidder.
Bonhams does not act for or give advice to
Buyers or Bidders in this role. 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 Bidders
or the Buyer 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.
Bidders and the Buyer 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.
A2. The Seller has authorised Bonhams to sell the
Lot as its agent on its behalf and, save where
expressly made clear to the contrary, Bonhams
acts only as agent for the Seller. If a Bidder
successfully bids for a Lot and buys it, at that
stage Bonhams enters into an agreement with
the Buyer on the terms set out in our Buyer’s
Agreement, at Appendix 2. Other than as set
out in our Buyer’s Agreement, Bonhams does
not owe or undertake or agree to any duty or
responsibility to the Buyer in contract or tort
(whether direct, collateral, express, implied or
otherwise).
A3. 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 concerning
the Catalogue Description), 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 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.
B. LOTS
B1. Subject to the Contractual Description printed in
bold or upper case letters in the Entry about the
Lot in the Online Sales Catalogue (see Section
C below), Lots are likely to be second-hand,
of varying condition, offered for the purpose
of display or appreciation as objects only and
are sold to the Buyer on an “as is” basis, with
all faults and imperfections. Illustrations and
photographs 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. 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). Further information about our
Lot Descriptions and limitations of Bonhams’
liability is set out in Section L.2 below.
B2. It is your responsibility to take independent
advice about a 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 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.
B3. 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, and
must 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.
B4. If you yourself do not have expertise regarding
a Lot, you should consult someone who does to
advise you.
C. DESCRIPTIONS OF LOTS AND ESTIMATES
C1. Contractual Description of a Lot. The Online
Sales 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 or
upper case letters (except for the colour, which
may be inaccurately reproduced) in the Online
Sales Catalogue. The remainder of the Entry,
which is not printed in bold or upper case 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.
C2. 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 in Online
Sales. 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.
C3. Lots in the Online Sale can be of varying ages
and with diverse histories of use and storage;
their condition can therefore vary considerably.
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, and you should refer to Section L below
for Bonhams’ exclusions of liability concerning
Lot Descriptions, online images and Condition
Reports.
C4. 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.
D. Registration
D1. In order to bid in an Online Sale, you must be
18 or over and you must register to bid via the
Bonhams App or www.bonhams.com. Once you
have registered, you should keep your account
details strictly confidential and not permit any
third party to access your account on your
behalf or otherwise. You will be liable for any
and all bids made via your account. Please note
payment must be made from a bank account in
the name of the registered bidder.
Individuals: Enter your full name, email,
residential address, date of birth and nationality
and provide a valid credit card in your name
which will be verified via Stripe before you are
able to bid. If your credit card fails verification,
you will not be permitted to bid and you should
contact Client Services for assistance. We may
in addition request a financial reference and/
or deposit from you prior to letting you bid. If
you are bidding as agent on behalf of another
party, you agree: (i) to disclose this fact to
Client Services; (ii) to provide such information
as we require to enable us to complete our
identification and anti-money laundering checks
on that third party; and (ii) where your bid is
successful, you are jointly and severally liable
with that other party for the full amounts owing
for the successful bid. Where you are the
CONDITIONS OF SALE FOR BUYERS IN ONLINE AUCTIONS (HK)
HK/ONLINE/TERMS&CONDITIONS/V1/8.2026
successful bidder for any lot with a hammer
price equal to or in excess of £5,000/$10,000/
HKD50,000/AUS$10,000 depending on the
jurisdiction and currency of the Sale, and if you
have not provided such documents previously,
you will be required to upload or provide to Client
Services your Government issued photo ID and
(if not on the ID) proof of your address before the
lot can be released to you. We reserve the right
to request ID documentation from any bidder or
successful buyer regardless of these thresholds
and to refuse to release any purchased lot until
such documentation is provided.
Companies: You must select the option to set
up a business account and then provide your
full name, email, residential address, date of
birth and the full name of the company. You
must provide a credit card for verification either
in your name or the name of the company but
payment must be made from an account in
the company’s name. If your credit card fails
verification, you will not be permitted to bid and
please contact Client Services for assistance.
We may in addition require a bank reference or
deposit prior to letting you bid. For all successful
bids, we require the company’s Certificate of
Incorporation or equivalent documentation
confirming the company’s name and registered
address, documentary proof of each beneficial
owner owning 25% or more of the company, and
proof of your authority to transact before the lot
can be released to you.
We reserve the right to request any further
information from any bidder that we may require
in order to carry out any identification, antimoney laundering or anti-terrorism financing
checks conducted by us. We may at our
discretion postpone or cancel your registration,
not permit you to bid and/or postpone or cancel
completion of any purchase you may make at the
Online Sale.
D2. Registration will require the submission of
certain information about you. In the event
you have not satisfied our Bidder registration
requirements, including but not limited to any
identification, anti-money laundering or antiTerrorism financing checks conducted by us,
we may at our discretion postpone or cancel
your registration, not permit you to bid and/or
postpone or cancel completion of any purchase
you may make at the Online Sale.
D3. Once you have registered you should keep your
account details strictly confidential and you
must not permit any third party to use or access
your account on your behalf or otherwise. You
will be liable for any and all bids made via your
account.
D4. If you are bidding on behalf of another party, you
agree:
(i) To provide such information as is requested by
us to allow us to complete our identification,
anti-money laundering and anti-Terrorism checks
on such other party; and
(ii) That if your bid is successful, you are jointly and
severally liable with that other party for the full
amounts owing for the successful bid.
D5. If you are bidding for a Company, you will have to
provide the Company identification information
set out in the Notice to Online Bidders.
E. Forgeries
E1. We undertake a personal responsibility for any
Forgery in accordance with the terms of this
Section E.
E2. If we are satisfied that a Lot we have sold to you
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 14(1)(a) and 14(1)(b) of
the Sale of Goods Ordinance (Chapter 26 of the
Laws of Hong Kong) and we will pay to you an
amount equal to the sum of the Purchase Price,
Buyer’s Premium, TAX and Expenses paid by you
in respect of the Lot.
E3. This Section E applies only if:
(i) 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
(ii) 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 Online Sale, that the
Lot is a Forgery; and
(iii) 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 Online Sale,
accompanied by written evidence that the Lot is
a Forgery and details of the Sale and Lot number
sufficient to identify the Lot.
E4. This Section E will not apply in respect of a
Forgery if:
(i) the Entry in relation to the Lot contained in
the Online Sales 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
(ii) 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 Online Sales Catalogue was published or by
means of a process which it was unreasonable in
all the circumstances for us to have employed.
E5. 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.
E6. The benefit of this Section E is personal to, and
incapable of assignment by, you.
E7. If you sell or otherwise dispose of your interest
in the Lot, all rights and benefits under this
Section E will cease.
E8. This Section E 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.
F. Bidding in Online Sales
F1. Bidding on each Lot will open at or below the low
pre-sale Estimate specified in the particulars
for that Lot and will increase at the increments
provided as bidding on the Lot progresses.
F2. Unless otherwise indicated, Lots will be offered
subject to a Reserve, which will be at or below
the Lot’s low pre-sale Estimate.
F3. Bids may only be submitted during the period
indicated for bidding on that Lot, ending with Lot
Closing in the manner explained in paragraph 5
of the Notice to Online Bidders.
F4. Please note that the Online Sale is conducted,
and all bids must be made, in the currency of
the country in which the Online Sale is based.
All bidding increments will be in that currency
only and payment for any Lot that is the subject
of a successful bid must also be made in the
currency of the Online Sale. Any currency
conversion tool is provided on the Online Bidding
screen for your convenience only.
F5. During an Online Sale, you can bid for a Lot by
clicking the Bid button. Each bid shall be final
and binding as soon as you click the Bid button.
You agree that each bid submitted is irrevocable
and cannot be amended or corrected even if
submitted in error and notified to us. You accept
full liability for all bids submitted via your Online
Bidding account (including the liability to pay
in full and on time in accordance with the Bid
Conditions for any Lot that is the subject of a
successful bid submitted from your account).
F6. You will be notified by email if you are outbid or
your bid is below another bid already accepted.
In the event of a tie between bids placed, the
earlier bid received by our servers shall be
accepted.
F7. Unless cancelled by us pursuant to these terms
and conditions, the highest bid submitted
when the online Bidding for the Lot closes (Lot
Closing) shall be the successful bid, thereby
forming a binding contract for sale between you
and the Seller, at which point you will be sent
an invoice by Bonhams by email. We will not
notify you about Lots for which you were not the
successful Bidder.
F8. In the event of any discrepancy or dispute about
bidding or the sale of any Lot, the Sale Record
maintained on Bonhams’ servers shall be final
and binding.
F9. Please note that Bonhams reserves the right to
withdraw its permission for you to use Online
Bidding, terminate an Online Bidding account,
reject any bids made or restart bidding afresh
for a Lot, for any reason at any time prior to,
during or after a Sale.
F10. Bidding through an agent. Bids will be treated
as placed exclusively by and on behalf of the
person registered to bid. 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.
G. Bidder and Buyer Warranties
G1. 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:
(i) 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
(ii) 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.
G2. You warrant that the funds being used for
your purchase have no link with criminal
HK/ONLINE/TERMS&CONDITIONS/V1/8.2026
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. You
also warrant that items purchased by you
through Bonhams are not being purchased
or to be used in any way connected with or
to facilitate breaches of applicable Tax, AntiMoney Laundering or Anti-Terrorism laws and
regulations.
G3. Where you are acting as agent for another
party (“your Principal”), you undertake and
warrant that:
(i) you have conducted suitable customer due
diligence into your Principal under applicable
Sanctions and Anti-Money Laundering laws
and regulations;
(ii) 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;
(iii) funds used for your Principal’s purchase
are not connected with or derived from any
criminal activity, including without limitation
tax evasion, money laundering or terrorist
financing;
(iv) items purchased by 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
(v) 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.
G4. 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, antimoney 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.
H. CONTRACTS BETWEEN THE BUYER AND SELLER
AND THE BUYER AND BONHAMS
H1. On the Lot Closing, the Bidder with the highest
bid on that Lot will become the Buyer and a
Contract for Sale of the Lot will be entered
into between the Seller and the Buyer on the
terms of the Buyer’s Contract for Sale set
out in Appendix 1 to these Bidding Terms and
Conditions. The Buyer will be liable to pay the
Purchase Price, which is the Hammer Price plus
any applicable Tax or Sale or use taxes and other
applicable costs such as Artists’ Resale Right
where indicated (with “AR”).
H2. At the same time, a separate contract is also
entered into between Bonhams as Auctioneers
and the Buyer. This is our Buyer’s Agreement,
the terms of which are set out in Appendix 2 of
these Online Bidding Terms and Conditions.
H3. Please read the terms of the Contract for Sale
and the Buyer’s Agreement in Appendix 1 and 2
to these Online Bidding Terms and Conditions
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
on our Website or in the Online Sales Catalogue.
It is your responsibility to ensure you are aware
of the up to date terms of these agreements for
this Sale.
I. BUYER’S PREMIUM AND OTHER CHARGES PAYABLE
BY THE BUYER
I1. Under the Buyer’s Agreement, a premium (the
Buyer’s Premium) is payable to Bonhams 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.
I2. For this Online Sale the following rates of Buyer’s
Premium will be payable by Buyers on each Lot
purchased:
30% of the Hammer Price on the first HK$300,000;
plus
28% of the Hammer Price from HK$300,001 and up
to HK$6,000,000; plus
25% of the Hammer Price from HK$6,000,001 and
up to HK$12,000,000; plus
21% of the Hammer Price from HK$12,000,001 and
up to HK$60,000,000; plus
14% of the Hammer Price above HK$60,000,000
I3. A 3rd party bidding platform fee of 4% of the
Hammer Price for Buyers using the following
bidding platforms will be added to the invoices of
successful Buyers - Invaluable; Live Auctioneers;
The Saleroom; Lot-tissimo.
I4. Storage and handling charges may also be
payable by the Buyer as detailed in the Online
Sales Catalogue for the appropriate Sale or on
our website.
I5. The Hammer Price and Buyer’s Premium payable
to us by the Buyer are exlcusive of ony goods or
service tax or other Tax (whether imposed by
Hong Kong or otherwise). See paragraph 8 of the
Notice to Bidders in Sales for details.
I6. On Lots marked “AR”, 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. See
paragraph 7 of the Notice to Bidders for details.
J. AFTER THE SALE
J1. You will be sent an invoice if you have been
successful in your bidding and you may check
the results that are published by Bonhams online
after the Sale.
J2. You agree to pay for and collect any Lot that
is the subject of a successful bid submitted
by you or from your Online Bidding account, in
accordance with these Online Bidding Terms and
Conditions.
K. PAYMENT
K1. 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
Tax and any other charges and Expenses to us) in
full before making a bid for the Lot.
K2. If you are a successful Bidder, payment will be
due to us by 4.30 pm on the second 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.
K3. Bonhams’ preferred payment method is by
bank transfer. You may electronically transfer
funds to our Bank Account. If you do so, please
quote your online paddle number (referenced
on your invoice) and invoice number as the
reference. Our Bank Account details are as
follows: Bank: HSBC Address: Head Office, 1
Queens Road Central, Hong Kong, Account Name:
Bonhams (Hong Kong) Limited, Bank code: 004,
Account Number: 808 870 174001, Swift Code:
HSBCHKHHHKH.
K4. If paying by bank transfer, the amount received
after the deduction of any bank fees and/or
conversion of the currency of payment to Hong
Kong dollars must not be less than the Hong Kong
dollar amount payable, as set out on the invoice.
K5. Payment may also be made by one of the
methods specified in the Notice for Bidders in
Sales, subject to the terms specified therein.
L. PROVISION OF ONLINE SALES AND
LIMITATIONS OF BONHAMS’ LIABILITY
L1. Any currency conversion tool is provided for
your convenience only and is an approximate
guide to the equivalent amount in the specified
currencies. You are therefore advised to conduct
your own research into the applicable exchange
rates prior to placing a bid. WE DO NOT ACCEPT
ANY RESPONSIBILITY FOR ANY ERRORS THAT MAY
OCCUR AS A CONSEQUENCE OF RELIANCE UPON
THE CURRENCY CONVERSION TOOL.
L2. Bonhams Online Sales are provided on the basis
that you shall place bids on your own behalf.
In the event Bonhams agrees to place a bid on
your behalf in an Online Sale, we do so as an
additional service without charge, and BONHAMS
ACCEPTS NO RESPONSIBILITY, DUTY OR LIABILITY
WHATSOEVER, WHETHER FOR NEGLIGENCE OR
OTHERWISE, IN THE PLACING OR FAILURE TO
PLACE SUCH BIDS.
L3. Lots offered for sale will vary in terms of age,
type and condition, with potential faults,
imperfections and repairs, and are offered for
Sale “AS IS” in their condition as at the time
of sale. Lot Descriptions reflect Bonhams’
reasonable opinion within the terms on which
they are provided, are provided for general
reference and do not purport to be and may
not be taken as complete descriptions of the
Lot. Lot Descriptions and Condition Reports
may contain inaccuracies and typographical
errors and we do not warrant the accuracy or
completeness of the content or that any defects
will be noted or corrected. Condition Reports
represent our reasonable opinion (recognising
we are not restorers or conservators) and
are intended to offer a general view as to the
overall condition of the Lot but may not cover
all condition issues. Online images depend on
connectivity and performance of computer
equipment and may not accurately represent the
Lot’s colours and shades. WITH THE EXCEPTION
OF THE FORGERY GUARANTEE IN SECTION E,
BONHAMS DOES NOT OFFER ANY WARRANTY OR
GUARANTEE FOR LOT DESCRIPTIONS, CONDITION
REPORTS, MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE, ATTRIBUTION,
AUTHENTICITY OR PROVENANCE, AND ANY
IMPLIED WARRANTIES ARE EXCLUDED TO THE
FULLEST EXTENT PERMISSIBLE BY LAW.
L4. Bonhams reserves the right, in our sole
discretion, to correct any errors or omissions in
any portion of the Online Sale and to make any
changes to the features, functionality or content
of the Online Sale at any time. APART FROM
IN RESPECT OF THE FORGERY GUARANTEE IN
SECTION E AND OTHER THAN IN THE EVENT OF ITS
FRAUD OR FRAUDULENT MISREPRESENTATION,
BONHAMS EXCLUDES LIABILITY WHETHER IN
NEGLIGENCE OR OTHERWISE FOR ANY ERROR
OR OMISSION IN ANY DESCRIPTION OF A LOT
OR ANY ESTIMATE IN RESPECT OF ANY LOT OR
THE CONTENTS OF ANY CONDITION REPORT
OR OTHERWISE, WHETHER GIVEN ORALLY OR
IN WRITING AND WHETHER GIVEN BEFORE,
DURING OR AFTER THE SALE. This disclaimer and
exclusion do not affect your statutory rights as a
Consumer.
L5. NEITHER BONHAMS 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.
L6. Without prejudice to the provisions of this
Section L, in any circumstances where Bonhams
and/or the Seller is 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.
L7. Nothing contained in this Section L will be
construed as excluding or restricting (whether
directly or indirectly) Bonhams or the Seller’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 Bonhams or
the Seller’s 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
Ordinance (Chapter 314 of the Laws of Hong
Kong) 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.
L8. If you choose to participate in Bonhams’ Online
Sales, you do so entirely at your own risk. Bidding
in Online Sales is dependent upon, among other
things, your own equipment and the availability,
speed and quality of internet connections
provided by third party operators and suppliers,
for which Bonhams accepts no responsibility or
liability whatsoever.
L9. Bonhams reserves the right to provide any
information from the Website or from its use
to respond to requests from governmental or
other bodies with jurisdiction or to meet the
requirements of any applicable law, regulation or
Bonhams policy.
L10. In addition to any other rights we may have
at law, Bonhams reserves the right, at our
discretion and without liability to you, to restrict,
suspend or terminate your participation in
any of Bonhams’ Online Sales in the event of
your breach of the Conditions of Sale, or your
provision of false or misleading information,
or in the event of any interference by you with
the administration or smooth operation of the
Website.
L11. BONHAMS AND ITS SUPPLIERS PROVIDE THE
ONLINE SALE AND THE BONHAMS WEBSITE
“AS IS” AND WITHOUT ANY WARRANTY OR
CONDITION, EXPRESS, IMPLIED OR STATUTORY.
WITHOUT LIMITING THE FOREGOING, WE ACCEPT
NO LIABILITY FOR ANY FAILURES, DELAYS OR
ERRORS CAUSED BY INTERRUPTIONS IN THE
AVAILABILITY OF THE ONLINE SALE OR OUR
WEBSITE OR ANY ERRORS OR DEFECTS IN THEIR
CONTENT OR FUNCTIONALITY, ANY SOFTWARE
AND/OR HARDWARE DEFECTS (WHETHER YOURS
OR OURS) AND/OR ANY INTERNET CONNECTION
PROBLEMS (WHETHER YOURS OR OURS), AND
WE DO NOT REPRESENT OR WARRANT THAT THE
ONLINE SALE OR THE WEBSITE WILL BE ERRORFREE, FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS, OR THAT ANY DEFECTS WILL BE
CORRECTED.
M. MISCELLANEOUS
M1. You may not assign either the benefit or burden
of this agreement.
M2. Bonhams’ 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.
M3. If either party to this agreement is prevented
from performing that party’s respective
obligations under this agreement 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 Sections D (Registration), F
(Bidding), G (Warranties) and K (Payment).
M4. 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 or communication to ensure that it
is received in a legible form within any applicable
time period.
M5. 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.
M6. References in this agreement to Bonhams
will, where appropriate, include reference to
Bonhams’ officers, employees and agents.
M7. The headings used in this agreement are
for convenience only and will not affect its
interpretation. Words and phrases shown in
italics shall have the meanings ascribed in the
Definitions Section of the Notice to Bidders,
unless otherwise specified.
M8. In this agreement “including” means “including,
without limitation”.
M9. 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.
M10. Reference to a lettered or numbered section or
paragraph is to a section or paragraph of this
agreement, unless otherwise specified.
M11. Save as expressly provided in paragraph M12
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.
M12. Notwithstanding the previous paragraph, 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
companies and the subsidiaries of such holding
companies 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 same relevant right at law.
M13. Copyright in all images in the Online Sales
Catalogue is owned by Bonhams and/or other
parties, including texts, layouts and illustrations;
these may not be used or reproduced by you in
any way without Bonhams’ written permission.
Lots are not offered for sale with copyright or
other reproduction rights.
N. CHANGES TO THESE TERMS AND CONDITIONS
N1. We may from time to time make changes to
these terms and conditions. Any changes will be
posted on our website at https://www.bonhams.
com. Please review these terms and conditions
regularly to ensure you are aware of any changes
made by us. If you participate in our Online Sales
after changes have been made and posted, you
shall be deemed to have agreed to such changes.
O. GOVERNING LAW
O1. All transactions to which this agreement applies
and all connected matters will be governed by
and construed in accordance with the laws of
Hong Kong and we and you each submit to the
exclusive jurisdiction of the courts of Hong Kong,
save that we may bring proceedings against you
(including but not limited to enforcing payment)
in any other court of competent jurisdiction to
the extent permitted by the laws of the relevant
jurisdiction.
P. EU CONSUMER CANCELLATION RIGHTS
P1. Right to Cancel the Purchase. If you are a
Consumer in accordance with the EU Consumer
Rights Directive and habitually reside in
the European Union, and the Seller is not a
Consumer (as identified in the Online Sales
Catalogue), you have the right to cancel the
contract for the purchase of a Lot, without giving
any reason. Sellers who are Consumers will be
identified as private individuals in the entry for
the Lot.
P2. The cancellation period will expire 14 calendar
days from the day after the date on which you,
or a third party (other than the carrier and
indicated by you) acquires, physical possession
of the Lot.
HK/ONLINE/TERMS&CONDITIONS/V1/8.2026
P3. To exercise the right to cancel you must inform
Bonhams, who are offering to sell the Lot either
as agent for the Seller or as the owner of the
Lot, of your decision to cancel this contract by
a clear statement (e.g. by post or e-mail). You
may use the model cancellation forms set out in
paragraph P6 below, but this is not obligatory.
To meet the cancellation deadline, it is sufficient
for you to send your communication concerning
your exercise of the right to cancel before the
cancellation period has expired.
P4. Effects of cancellation
(i) If you cancel the contract, we will reimburse to
you all payments received from you, including the
costs of delivery but not any extra costs arising
if you chose a type of delivery other than the
least expensive type of standard delivery offered
by us; or any import duties we incur as a result of
you returning the Lot to us.
(ii) We may make a deduction from the
reimbursement for loss in value of any Lots
supplied, if the loss is the result of unnecessary
handling by you.
(iii) We will make the reimbursement without undue
delay, and not later than: 14 calendar days
after the day we receive back from you any Lot
supplied; or (if earlier) 14 calendar days after the
day you provide evidence that you have returned
the Lot.
(iv) We will make the reimbursement using the
same means of payment as you used for the
initial transaction, unless you have expressly
agreed otherwise (but reimbursement will
always be to an account solely in your name);
in any event, you will not incur any fees as a
result of the reimbursement. We may withhold
reimbursement until we have received the Lot
back or you have supplied evidence of having
sent back the Lot, whichever is earliest.
(v) You shall send back the Lot or return it over
to us at such address as we may specify for
the purpose, without undue delay and in any
event not later than 14 calendar days from
the day after on which you communicate your
cancellation from these Conditions of Sale to us.
(vi) The deadline is met if you send back the Lot
before the period of 14 calendar days has
expired.
(vii) You will have to bear the direct costs of
returning the Lot. If we arranged for the Lot to
be delivered we Estimate that the cost returning
the Lot by the same means is likely to be similar
to the cost of delivery, but it is not possible for
us to be more accurate as to this cost due to
the many variables involved in our worldwide
business model and the means by which a return
might be made.
(viii) You are only liable for any diminished value of
the Lot resulting from the handling other than
what is necessary to establish the nature,
characteristics and functioning of the Lot.
P5. Right to cancel the contract for services.
If you are a Consumer in accordance with the
EU Consumer Rights Directive and habitually
live in the European Union, and we have notified you that you are purchasing the Lot from
a Consumer, you have the right to cancel the
contract for services Bonhams provides to you
in connection with your purchase of a Lot, but
not to cancel the contract for the purchase of
the Lot itself. Bonhams’ services consist of: the
opportunity to participate in the Online Sale, to
be introduced to Lots for Sale which may be of
interest, to view images and other information
about such Lots, and any delivery service for
any Lot which you purchase and which is to be
delivered pursuant to an agreement with Bonhams).
(i) You have the right to cancel the contract for
this service within 14 calendar days from the
day of conclusion of the contract, without giving
any reason.
(ii) The cancellation period will expire after 14
calendar days from the day of the conclusion of
the contract.
(iii) To exercise the right to cancel you must inform
the Bonhams company which offers to sell
the Lot either as agent for the Seller or as the
owner of the Lot, of your decision to cancel
this service by a clear statement (e.g. by post
or e-mail). You may use the model cancellation
form set out in paragraph P7 below, but it is not
obligatory. To meet the cancellation deadline, it
is sufficient for you to send your communication
concerning your exercise of the right to cancel
before the cancellation period has expired.
(iv) You request Bonhams immediately to begin
the performance of its services (including any
agreed arrangements for delivery) during the
cancellation period described above. If you
cancel this contract, we will reimburse to you
any payments received from you in respect of
the service. However, since you have requested
us to begin the performance of services during the cancellation period, you shall pay us an
amount which is in proportion to what has been
performed until you have communicated us your
cancellation from this contract, in comparison
with the full coverage of the contract.
HK/ONLINE/TERMS&CONDITIONS/V1/8.2026
P6. Model form of cancellation –
Purchase of the Lot
To: Bonhams [insert the name of the company within the Bonhams Group which offers to
sell the Lot and whose contact details are set out in the Online Sales Catalogue (these
details will be sent to you by email following the Sale and/or with the delivery of the Lot]:
I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of Sale of the
following goods [*], Ordered on [*]/received on [*],
Name of Consumer(s),
Address of Consumer(s),
Signature of Consumer(s)
(only if this form is notified on
paper), Date
[*] Delete as appropriate
P7. Model form of cancellation –
Provision of the services
To: Bonhams [insert the name of the company within the Bonhams Group which offers
to sell the Lot and whose contact details are set out in the Online Sales Catalogue (these
details will be sent to you by email following the Sale and/or with the delivery of the Lot]:
I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract/for the provision of the
following service [*], Ordered on [*]/received on [*],
Name of Consumer(s),
Address of Consumer(s),
Signature of Consumer(s)
(only if this form is notified on
paper), Date
[*] Delete as appropriate
Q. DEFINITIONS AND GLOSSARY
The Definitions and Glossary set out at the end
of the Notice to Bidders apply to terms in italics
in these Bidding Terms and Conditions, including the Contract for Sale at Appendix 1 and the
Buyer’s Agreement at Appendix 2.
HK/ONLINE/TERMS&CONDITIONS/V1/8.2026
HONGKONG/ONLINE/V1/8.2026
This Notice is for all persons participating in a Bonhams
Online auction including Bidders, potential Bidders
and eventual Buyers of Lots in this Sale. For ease of
reference we refer to such persons as “Bidders” or
“you”.
Our List of Definitions and Glossary is set out at the end
of this Notice. Words and phrases printed in italics in
this Notice are explained in the List of Definitions. The
Glossary explains certain general legal terms with which
you might not be familiar.
IMPORTANT:
The terms and conditions applicable to the Sale and
related information are contained in the following
documents, available on the Bonhams Website under
“Legals”:
• This Notice to Online Bidders;
• The Online Bidding Terms and Conditions
for the Sale;
• The Buyer’s Contract for Sale with the Seller,
at Appendix 1;
• The Buyer’s Agreement with Bonhams,
at Appendix 2.
Additional information applicable to the Sale may also
be set out with each Lot, elsewhere in the Online Sales
Catalogue and/or a notice displayed on the Website. It
is your responsibility to ensure that you have read all
relevant terms and notices before bidding in the Sale.
1. OUR ROLE
In its role as Auctioneer of Lots, Bonhams is authorised
by the Seller to act solely for and in the interests of the
Seller and Bonhams’ role 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. Please refer to Section
A of the Online Bidding Terms and Conditions.
2. LOTS FOR SALE
Given the age of many Lots, they may have been
damaged and/or repaired and you should not make any
assumptions about the condition or any other aspect
of a Lot. If you yourself do not have expertise regarding
a Lot, you should consult someone who does to advise
you. It is your responsibility to take appropriate advice
on and satisfy yourself as to the attributes of any Lot in
which you are interested.
3. DESCRIPTIONS OF LOTS AND ESTIMATES
Contractual Description of a Lot
Each Lot is sold by the respective Seller to the Buyer of
the Lot as corresponding only with: (i) the Contractual
Description, being that part of the Entry which is
printed in bold or upper case letters, and (ii) (except for
the colour, which may be inaccurately reproduced) with
any photograph of the Lot in the Online Sales Catalogue.
The remainder of the Entry, which is not printed in bold
or upper case 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.
Paragraphs 15-25 below set out important information
about the following categories of Lot: Books, Clocks
and Watches, Firearms, Taxidermy and Related Items,
Furniture, Jewellery, Photographs, Pictures, Porcelain
and Glass, Vehicles and Wine.
Please refer to Section B of the Online Bidding
Terms and Conditions for important legal provisions
underpinning Lot descriptions, cataloguing practices
and issues such as condition of old, used, repaired
and restored items, and for Bonhams’ obligations and
limitations of liability in respect of lot descriptions and
cataloguing practice.
Forgeries Guarantee
Bonhams offers a guarantee to cover Forgeries on the
terms set out in Section E of the Online Bidding terms
and Conditions. Otherwise, Lots are sold to the Buyer on
an “as is” basis, with all faults and imperfections.
Estimates
Where Estimates are provided, they 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; they are not an estimate
of value. Estimates do not take into account any VAT or
Buyer’s Premium or any other fees payable by the Buyer,
which are detailed in paragraph 7 of this Notice. 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 request a Condition
Report representing Bonhams’ reasonable opinion as
to the Lot’s general condition (without disassembly or
any form of testing) in the terms stated in the particular
report. This is offered on behalf of the Seller to you
additionally without charge and Bonhams is not entering
into a contract with you in respect of the Condition
Report; Bonhams accepts no responsibility to you for it
and 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.
Alterations
Descriptions and Estimates may be amended at
Bonhams’ discretion from time to time by notice
amending the Online Sales Catalogue or on the Website
before or during a Sale, up until Lot Closing for the
relevant Lot. You are advised to monitor Lots in which
you are interested throughout the Sale.
4. BIDDER REGISTRATION
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 one working day before the
Sale at which you wish to bid. Registration is available
at MyBonhams.
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. Please refer to Section D
of the Online Bidding Terms and Conditions for further
information concerning registration. 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.
Unless otherwise specified in the Online Sales
Catalogue, you must be over the age of 18 to bid in this
Sale. In no circumstances may you, or any other person
on your behalf, bid on items which have been consigned
by you for sale.
You must keep your account details including your
unique customer number strictly confidential and
must not permit any third party to use or access your
account.
You will be informed by email if any limits apply to the
amounts you may bid in the Online Sale.
5. BIDDING
So long as you have pre-registered to bid and your
account is in order, you will be able to place bids on Lots
during the bidding period indicated for each Lot, either
by placing your next bid using the increments indicated
or by placing a maximum bid to indicate the most you
would be prepared to bid (excluding Buyer’s Premium
and applicable taxes which would be in addition to
your bid). If you leave a maximum bid, the system will
automatically place incremental bids on your behalf in
response to other bids, until either there are no other
bids or your maximum bid has been reached.
If you attempt to place a bid which is lower than another
bid already placed for that Lot, then your bid will be
rejected and you will be offered the opportunity to place
a higher bid.
We will endeavour to email you in the event you are
outbid, but you are advised to monitor your bids
throughout the Sale.
The time at which bidding shall close for each Lot
(the Lot Closing) will be indicated by each Lot. We will
endeavour to email you warning that Lot Closing is due
on a Lot on which you have been outbid but you are
advised to monitor Lots in which you are interested
throughout the Sale.
No bids will be accepted after Lot Closing for the Lot
concerned; however, in the event a bid has been placed
within 5 minutes of the predicted Lot Closing, then the
period for bidding on that Lot will be extended by five
minutes.
Section F of the Online Bidding Terms and Conditions
contains information, procedures, rules and obligations
connected with placing online bids in the Sale.
You should also refer to Section G of the Online Bidding
Terms and Conditions for the warranties you give as a
Bidder and Buyer. We 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.
In the event you are the successful bidder on a Lot
or Lots, we will send you an invoice confirming your
purchase and providing you with instructions as to
payment.
Bidding through an agent
Bids will be treated as placed exclusively by and on
behalf of the person registered to bid unless otherwise
agreed by us in writing in advance of the Sale.
NOTICE TO ONLINE BIDDERS - HONG KONG
HONGKONG/ONLINE/V1/8.2026
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. Please refer to the Online Bidding
Terms and Conditions and contact our Customer
Services Department for further details.
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 below.
In the event a person places a bid as agent on behalf of
another (their principal), they will be jointly and severally
liable with their principal to the Seller and to Bonhams
under any contract resulting from a successful bid.
Online Bids
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.
6. CONTRACTS BETWEEN THE BUYER AND SELLER
AND THE BUYER AND BONHAMS
Following Lot Closing where a successful bid has been
submitted, 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 below. You
will be liable to pay the Purchase Price, which is the
Hammer Price, Buyer’s Premium plus any applicable VAT,
as well as any applicable Expenses.
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 below.
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:
30% of the Hammer Price on the first HK$300,000; plus
28% of the Hammer Price from HK$300,001
and up to HK$6,000,000; plus
25% of the Hammer Price from HK$6,000,001
and up to HK$12,000,000; plus
21% of the Hammer Price from HK$12,000,001
and up to HK$60,000,000; plus
14% of the Hammer Price above HK$60,000,000
Storage and handling charges may also be payable by
the Buyer as detailed on the specific Sale Information
page at the front of the Online Sales Catalogue.
A 3rd party bidding platform fee of 4% of the Hammer
Price for Buyers using the following bidding platforms
will be added to the invoices of successful Buyers -
Invaluable; Live Auctioneers; The Saleroom; Lot-tissimo.
Artists Resale Right
On certain Lots, which will be marked “AR” in the Online
Sales 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. TAX
The Hammer Price and the Buyers’s Premium payable
by the Buyer is exclusive of any goods or service tax or
other Tax (whether imposed by Hong Kong or otherwise).
If any such Tax was to be paid under Kong Kong laws or
any other laws, the Buyer shall be solely responsible to
pay such Tax and at the rate and time as required by the
relevant law or if such Tax is to be paid by us, we may
add such Tax to the Purchase Price
It is your responsibility to pay any other sales or use
Taxes and customs duties due on the purchase, export
or import of the property following purchase.
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 Tax 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 be
made to us by 4.30 pm on the second working day after
the Sale so that all sums are cleared by the seventh
working day after the Sale. Payment will have to be by
one of the following
methods (all cheques should be made payable to
Bonhams (Hong Kong) Limited). Bonhams reserves the
right to vary the terms of payment at any time. Unless
agreed by us advance payments made by anyone other
than the registered buyer will not be accepted.
Bonhams’ preferred payment method is by
bank transfer
Bank transfer: you may electronically transfer funds
to our Client Account. If you do so, please quote your
paddle number and invoice number as the reference.
Our Client Account details are as follows:
Bank : HSBC
Address : Head Office
1 Queen’s Road Central,
Hong Kong
Account Name: Bonhams (Hong Kong) Limited. -
Client A/C
Bank code: 004
Account Number: 808 870 174001
SWIFT Code: HSBCHKHHHKH
If paying by bank transfer, the amount received after
the deduction of any bank fees and/or conversion of the
currency of payment to Hong Kong dollars must not be
less than the Hong Kong dollars amount payable, as set
out on the invoice.
Hong Kong dollar personal cheque drawn on a Hong
Kong branch of a bank : all cheques must be cleared
before you can collect your purchases;
Bankers draft cheque: if you can provide suitable proof
of identity and we are satisfied as to the genuineness of
the draft or cheque, and that the funds have originated
from your own account, we will allow you to collect your
purchases immediately;
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
HK$80,000. If the amount payable by you for Lots
exceeds that sum, the balance must be paid otherwise
than in coins or notes;
Credit cards: American Express, Visa, Mastercard and
China UnionPay Credit card. There is a HK$250,000 limit on
payment value.
For over-the-phone payments, we accept the following
cards:
• Visa • Mastercard • American Express• China Union Pay
Credit Card
For online payments and pay-by-link payments, we accept
all of the above.
Payment by telephone may also be accepted up to
HK$250,000, 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.
China UnionPay (CUP) debit cards: There is no limit on
payment value.
It maybe advisable to notify your card provider of your
intended purchase in advance to reduce delays caused
by us having to seek authority when you come to pay. If
you have any questions with regard to payment, 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, STORAGE AND EU CONSUMER
CANCELATION RIGHTS
The Buyer of a Lot will not be allowed to collect it until
(i) payment in full and in cleared funds has been made
(unless we have made a special arrangement with the
Buyer) and (ii) Bonhams has completed its enquiries
pursuant to Clause 3.11 of the Buyer’s Agreement in
Appendix 2 of the Online Bidding Terms and Conditions.
For collection and removal of purchased Lots, please
refer to the Online Sales Catalogue for this Sale and to
Clause 4 of the Buyer’s Agreement at Appendix 2 of the
Online Bidding Terms and Conditions for applicable legal
conditions.
If the Lot is not identified as sold by a Consumer, then
Buyers who are Consumers in the EU will have certain
cancellation rights, as set out at Section P of the Online
Bidding Terms and Conditions.
HONGKONG/ONLINE/V1/8.2026
11. SHIPPING
Please refer enquiries on this to our Customer Services
department dealing with the Sale.
12. EXPORT/TRADE RESTRICTIONS
It is your sole responsibility to comply with all Hong
Kong export and oversears mport regulations relating to
your purchases and also to obtain any relevant export
and/or import licence(s).
The need for export and 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.
From 28 June 2025, the import into the EU of nonEU origin property of a certain age (and in some
categories above a certain value) into the EU is subject
to additional requirements. Under the relevant EU
Regulation, it is the Buyer’s sole responsibility to assess
whether any Lot meets the criteria for import into
the EU. The refusal of any required Importer Licence
or Importer Statement, or any delay in obtaining
such Licence or Statement shall not give rise to the
rescission or cancellation of any Sale, nor allow any
delay in making full payment for the Lot.
13. CITES REGULATIONS
Buyers are advised to check the regulations applicable
to Hong Kong exportation and overseas importation
when exporting any goods from Hong Kong to the place
of importation. Buyers should also be aware that
the export from Hong Kong of any items made of or
incorporating ivory, whalebone, tortoiseshell, rhinoceros
horn, coral and other restricted materials is prohibited
unless a CITES export licence is obtained from the
Agriculture, Fisheries and Conservation Department for
Hong Kong, A period of 8 weeks may be required for the
purposes of obtaining such export licence.
Please be aware that all Lots marked with the symbol
Y contain one or more of the aforesaid restricted
materials. However, the omission of such letter Y does
not automatically mean that the Lot is not subject
to CITES regulations. Buyers are advised to obtain
information from the relevant regulatory authorities
regarding export and import restrictions, requirements
and costs prior to bidding.
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
Exclusions and limitations of the Seller’s and Bonhams’
liability are set out in Section L of the Online Bidding
Terms and Conditions. Additionally, exclusions and
limitations of the Seller’s liability are set out at Clause
9 of the Contract of Sale and of Bonhams’ Liability at
Clause 10 of the Buyer’s Contract.
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
concerning “non-conforming Lots” set out in paragraph
11 of the Buyers Agreement.
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 good condition 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. 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.
18. 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
• A diamond brooch, by Kutchinsky
When the maker’s name appears in the title, in
Bonhams’ opinion the piece is by that maker.
• 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.
• A diamond brooch, mounted by Kutchinsky
Has been created by the jeweller, in Bonhams’
opinion, but using stones or designs supplied by
the client.
19. 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.
20. 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.
21. PORCELAIN AND GLASS
Damage and Restoration
For your guidance, in our Online Sales Catalogues we
attempt to detail, as far as practicable, all significant
defects, cracks and restoration. Such practicable
Descriptions of damage cannot be definitive, and in
providing Condition Reports, we cannot guarantee that
there are no other defects present which have not
been mentioned. Bidders should satisfy themselves
by inspection, as to the condition of each Lot. Please
see the Contract for Sale. Because of the difficulty
in determining whether an item of glass has been
repolished, in our Online Sales Catalogues reference
is only made to visible chips and cracks. No mention is
made of repolishing, severe or otherwise.
22. 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 Online Sales 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 Online Sales 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 Online
Sales 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.
Bottling Details and Case Terms
The following terms used in the Catalogue have the
following meanings:
CB – Château 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
23. DATA PROTECTION – USE OF YOUR INFORMATION
Where we obtain any personal information about you
when you register or bid with us, we shall only use it in
accordance with the terms of our Privacy Policy. A copy
of our Privacy Policy can be found on our website (www.
bonhams.com) or requested by post from Customer
Services Department, Bonhams (Hong Kong) Limited.
11th Floor, Six Pacific Place, No. 50 Queen’s Road East,
Hong Kong or by e-mail to info.hk@bonhams.com
24. SYMBOLS
THE FOLLOWING SYMBOLS ARE USED TO DENOTE:
Y Subject to CITES regulations when exporting
these items, see paragraph 13 above.
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 paragraph 7 above
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 on a successful Sale or a financial loss if
unsuccessful.
Δ Bonhams owns the Lot either wholly or partially
or may otherwise have an economic interest.
Ф These lots contain ivory and cannot be imported
into the USA or any country within the EU.
The symbols used to indicate the VAT status of a Lot are
set out at paragraph 8 above.
25. LANGUAGE
The Notice to Bidders is published in both Chinese and
English. If there is any dispute in its interpretation, the
English version will prevail.
26. DEFINITIONS AND GLOSSARY
The following Definitions and Glossary are incorporated
in this Notice, the Online Bidding Terms and Conditions,
the Contract for Sale and the Buyer’s Agreement with
Bonhams. Accordingly, the following words and phrases
used in those documents have (unless the context
otherwise requires) the meanings given to them below.
LIST OF DEFINITIONS
“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).
“Bidder”: Any person considering, attempting or making
a Bid, including those who have completed a Bidding
Form or otherwise have registered to bid.
“Bonhams”: Bonhams (Hong Kong) Limited or its
successors or assigns. Bonhams is also referred to in
these Online Bidding Terms and Conditions (including
Appendices) and the Notice to Online 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 Bidder who has placed the highest bid at
the closing of the Lot during the Online Sale process.
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 to the Online
Bidding Terms and Conditions.
“Buyer’s Premium”: the sum calculated on the
Hammer Price at the rates stated in the Notice to Online
Bidders.
“Condition Report”: a report on aspects of 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 Online Bidders, the
Online Bidding Terms and Conditions, the Contract for
Sale in Appendix 1, the Buyer’s Agreement in Appendix 2.
“Consumer”: a private individual who is acting for
the relevant purpose outside his trade, Business or
profession.
“Contract for Sale”: the Sale contract entered into by
the Seller with the Buyer set out in Appendix 1 to the
Online Bidding Terms and Conditions.
“Contractual Description”: the only Description of the
Lot (being that part of the Entry about the Lot in the
Online Sales Catalogue which is in bold or upper case
letters and any photograph (except for the colour) to
which the Seller undertakes in the Contract of Sale the
Lot corresponds.
HONGKONG/ONLINE/V1/8.2026
“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.
“Hong Kong”: the Hong Kong Special Administrative
Region of the People’s Republic of China.
“Hammer Price”: the price in the currency in which the
Sale is conducted at which a Lot is knocked down by the
Online Sale to the successful Bidder.
“Lot”: any item consigned to Bonhams with a view
to its Sale by Online Sale (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).
“Lot Closing”: the point described in paragraph 5 of the
Notice to Online Bidders at which the period for bidding
on the Lot ends, creating the Sale contract between the
highest Bidder at that point and the Seller.
“Notice to Online Bidders”: the notice with and
applying to our Online Sales Catalogues.
“Online Sales Catalogue”: the Online Sales Catalogue
on Bonhams’ website containing the Lot for Sale.
“Online Sale”: an auction Sale arranged by Bonhams
at which all bids are submitted remotely by electronic
means.
“Purchase Price”: the aggregate of the Hammer Price
Price (and any Tax on the Hammer Price) and the Buyer’s
Premium (and any Tax on the Buyer’s Premium) and any
Expenses.
“Reserve”: the minimum price at which a Lot may be
sold.
“Sale”: the Online Sale at which a Lot is to be offered
for Sale by Bonhams.
“Seller”: the person who offers the Lot for Sale.
“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.
“Storage Contract”: means the contract described in
paragraph 4 of the Buyer’s Agreement.
“Storage Contractor”: means the company identified
as such in the Online Sales Catalogue.
“Tax”: means all taxes, charges, duties, imposts,
fees, levies or other assessments, and all estimated
payments thereof including without limitation income,
business profits, branch profits, excise, property,
sales, use, value added (VAT), environmental, franchise,
customs, import, payroll, transfer, gross receipts,
withholding, social security, unemployment taxes, as
well as stamp duties and other costs, imposed by the
Hong Kong government applicable from time time and
any interest and penalty relating to such taxes, charges,
fees, levies or other assessments.
“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. This will be indicated by the
Lot or elsewhere (if for several Lots) in the Online Sales
Catalogue.
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.
“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 recipient is entitled to rely.
HONGKONG/ONLINE/V1/8.2026
HK/APPENDIX1/V1/8.2026
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 Online Sales Catalogue
for the Online Sale and/or by placing an insert in
the Online Bidding Terms and Conditions and/or
by notices on Bonhams’ website. You should be
alert to this possibility of changes and check the
website in advance of bidding if there have been
any.
Under this contract the Seller’s liability in respect
of the quality of the Lot, its fitness for any purpose
and its conformity with any Description is limited.
You are strongly advised to examine information
about the Lot and/or obtain independent advice
before you buy it.
1. THE CONTRACT
1.1 These terms and the relevant terms for
Bidders and Buyers in the Bidding Terms
and Conditions for Online Sales govern the
Contract for Sale of the Lot by the Seller to
the Buyer.
1.2 The Definitions and Glossary at the end of
the Notice to Bidders for online Sales 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 Online
Sales Catalogue or other notice connected
with the Sale states that Bonhams sells
the Lot as principal, then Bonhams is the
Seller for the purposes of this agreement.
1.4 The contract is made with the Bidder
who has submitted the highest bid on
the Lot Closing, being the point at which
the period for bidding on the Lot ends.
2. SELLER’S WARRANTIES AND
UNDERTAKINGS
2.1 The Seller warrants and 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 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.
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);
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
Online Sales Catalogue) been paid and, so far
as the Seller is aware, all third parties have
complied with such requirements in the past;
2.1.5 that items consigned for sale by the Seller
are not connected with or derived from any
criminal activity, including without limitation
tax evasion, money laundering or terrorist
financing;
2.1.6 subject to any alterations expressly
identified as such made by notice 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 Online Sales Catalogue which is in
bold letters and (except for colour) with any
photograph of the Lot in the Online Sales
Catalogue.
3. DESCRIPTIONS OF THE LOT
3.1 Paragraph 2.1.6 above 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 Online Sales 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 2.1.6 (together with any
express alteration to it as referred to in
paragraph 2.1.6), including any Description
or Estimate, whether made orally or in
writing, including on Bonhams’ Website 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 2.1.6, 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 Ordinance (Chapter 26 of the
Laws of Hong Kong) 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 5 days
from the day on which Lot Closing occurred
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 Lot Closing 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 to the Online Bidding Terms and
Conditions.
6. PAYMENT
6.1 Your obligation to pay the Purchase Price
arises on Lot Closing when your bid is the
highest bid 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.
Payment must be made to Bonhams by one
of the methods stated in the Notice to Online
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 Please refer to the Online Sales Catalogue for
collection procedures for this Sale.
7.2 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
APPENDIX 1
BUYERS CONTRACT’S FOR SALE WITH SELLER - HONG KONG
HK/APPENDIX1/V1/8.2026
Agreement with Bonhams set out in Appendix
2 to the Online Bidding Terms and Conditions.
7.3 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.
7.4 Subject to paragraph 7.2 above, 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 (excepting 8.1.2 below) 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 sell the Lot by auction, private treaty
or any other means on giving seven days’
written notice to you of the intention to sell;
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 Standard Chartered Bank
(Hong Kong) Limited 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; and
8.1.9 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 sale of the Lot under paragraph 8.1.2,
Bonhams will account to the Seller for the
proceeds of such sale and you will remain
liable for any shortfall from the amount
you had agreed to pay for such Lot, and any
costs and expenses associated with such
sale.
9. THE SELLER’S LIABILITY
9.1 In the event of a sale of the Lot, the Seller
will not be liable for any injury, loss or
damage caused by the Lot after the Lot
Closing in respect of the Lot.
9.2 Subject to paragraph 9.3 below, except
for breach of the express undertaking
provided in paragraph 2.1.6 above, 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 Ordinance (Chapter 26 of the Laws
of Hong Kong) 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 Misrepresenation Ordinance (Chapter
284 of the Laws of Hong Kong), 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
Online Sales 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 any person’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 Ordinance
(Chapter 314 of the Laws of Hong Kong),
or (iv) any other liability to the extent the
same may not be excluded or restricted as
a matter of law.
10. EU CONSUMER CANCELLATION RIGHTS
If the Lot is not identified as sold by a Consumer,
then Buyers who are Consumers in the EU will
have certain cancellation rights, as set out at
Section P of the Bidding Terms and Conditions.
HK/APPENDIX1/V1/8.2026
11. MISCELLANEOUS
11.1 You may not assign either the benefit or
burden of this Contract for Sale.
11.2 The Seller’s failure or delay in enforcing or
exercising any power or right under this
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 this Contract for Sale.
11.3 If either party to this Contract for Sale is
prevented from performing that party’s
respective obligations under this Contract
for Sale by circumstances beyond its
reasonable control (including without
limitation, insurrection, industrial or
governmental action, 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, then 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 above.
11.4 Any notice or other communication to be
given under this 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 Online Sales 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.
11.5 If any term or any part of any term
of this 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.
11.6 References in this 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.
11.7 The headings used in this Contract for Sale
are for convenience only and will not affect
its interpretation.
11.8 In this Contract for Sale “including” means
“including, without limitation”.
11.9 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.
11.10 Reference to a numbered paragraph is to a
paragraph of this Contract for Sale, unless
otherwise specified.
11.11 Save as expressly provided in paragraph
10.12, nothing in this Contract for Sale
confers (or purports to confer) on any
person who is not a party to this Contract for
Sale any benefit conferred by, or the right to
enforce any term of, this Contract for Sale.
11.12 Where this 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.
12. GOVERNING LAW
All transactions to which this Contract for Sale
applies and all connected matters will be governed
by and construed in accordance with the laws of
Hong Kong and the Seller and you each submit to
the exclusive jurisdiction of the courts of Hong
Kong, 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.
13. LANGUAGE
The Buyer’s Agreement with the Seller is published
in both Chinese and English. If there Is any dispute
in its interpretation, the English version will prevail.
HK/APPENDIX2/V1/8.2026
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 the Notice to Bidders in Online Sales
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.
1.3 Subject to the provisions of paragraph 3.11
below, the Contract for Sale of the Lot between
you and the Seller is made on the Lot Closing
in respect of the Lot when you are the highest
bidder at that point. 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 in Online Sales or otherwise
notified to you, store the Lot in accordance with
paragraph 5 below;
1.5.2 subject to any power of the Seller or Bonhams
to refuse to release the Lot to you (including
pursuant to paragraph 3.11), 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;
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 Online Sales 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
in Online Sales, 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 Online Bidders together with
the Tax 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 Online 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 the Tax at the
appropriate rate and such Tax 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 Tax
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 pro-rata to pay the Purchase
Price of each Lot and to pay all amounts due to
Bonhams in relation to each Lot.
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 properties 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, AntiMoney 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, antimoney 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 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
APPENDIX 2
BUYER’S AGREEMENT WITH BONHAMS - HONG KONG
HK/APPENDIX2/V1/8.2026
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 Online Sales Catalogue, 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 specified
in the Online Sales Catalogue for collection on
the days and times there specified. 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 Online Bidders or elsewhere in the Online
Sales Catalogue.
4.4 If you have not collected the Lot by the date
specified in the Online Sales Catalogue, 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 HK$50 plus Tax 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 Online Sales 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 Online Sales
Catalogue. If you 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 pass to you on
payment of the Purchase Price to us in full
in cleared funds, subject to and conditional
upon completion of our investigations to our
satisfaction under paragraph 3.11.
6.2 Please note that under the Contract for Sale, the
risk in the Lot passes to you after 5 days from
the day upon which you were the successful
bidder in the Online Sale 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 rate of Standard Chartered Bank (Hong
Kong) LImited 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 the possession of any Bonhams’
company, subsidiary or affiliated company
globally 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 pro-rata 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 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 secondly to any other
sums due to us.
HK/APPENDIX2/V1/8.2026
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 an 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 Online Sales 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 Online Sales 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 14(1)
(a) and 14(1)(b) of the Sale of Goods Ordinance
(Chapter 26 of the Laws of Hong Kong) and we
will pay to you an amount equal to the sum of
the Purchase Price, Buyer’s Premium, Tax 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 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
Ordinance (Chapter 284 of the Laws of Hong
Kong) 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 Online
Sales Catalogue, or on our 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 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.
10.4 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.
10.5 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
Ordinance (Chapter 314 of the Laws of Hong
Kong), 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
11.1 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:
11.1.1 the original invoice was made out by us to you
in respect of the Lot and that invoice has been
paid; and
11.1.2 you notify us in writing as soon as reasonably
practicable after you have become aware that
the Lot is or may be a non-conforming 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
11.1.3 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:
11.1.4 the Entry in the Catalogue in respect of the Lot
indicates that the rights given by this paragraph
do not apply to it; or
11.1.5 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
11.1.6 it can be established that the Lot is a nonconforming 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
11.1.7 the Lot comprises atlases, maps, autographs,
manuscripts, extra illustrated books, music or
periodical publications; or
11.1.8 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.
11.2 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.
11.3 The benefit of paragraph 11 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. EU CONSUMER CANCELLATION RIGHTS
Buyers who are Consumers in the EU will have certain
cancellation rights, as set out at Section P of the Online
Bidding Terms and Conditions concerning any post sale
services such as shipping provided by Bonhams.
13. MISCELLANEOUS
13.1 You may not assign either the benefit or burden
of this agreement.
13.2 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.
13.3 If either party to this agreement is prevented
from performing that party’s respective
obligations under this agreement by
circumstances beyond its reasonable control
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.
13.4 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 or communication to ensure
that it is received in a legible form within any
applicable time period.
13.5 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.
13.6 References in this agreement to Bonhams
will, where appropriate, include reference to
Bonhams’ officers, employees and agents.
13.7 The headings used in this agreement are
for convenience only and will not affect its
interpretation.
13.8 In this agreement “including” means “including,
without limitation”.
13.9 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.
13.10 Reference to a numbered paragraph is to a
paragraph of this agreement, Unless otherwise
specified.
13.11 Save as expressly provided in paragraph 13.12
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.
13.12 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.
14. 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 Hong Kong where the
Sale takes (or is to take) place and we and you each
submit to the exclusive jurisdiction of the courts of
Hong Kong, 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.
15. LANGUAGE
The Buyer’s Agreement is published in both Chinese and
English. If there Is any dispute in its interpretation, the
English version will prevail.
HK/APPENDIX2/V1/8.2026