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NOTICE TO BIDDERS
This notice is addressed by Bonhams to any person who
may be interested in a Lot, including Bidders and potential
Bidders (including any eventual Buyer of the Lot). For ease of
reference we refer to such persons as “Bidders” or “you”. Our
List of Definitions and Glossary is incorporated into this Notice
to Bidders. It is at Appendix 3 at the back of the Catalogue.
Where words and phrases are used in this notice which are
in the List of Definitions, they are printed in italics.
IMPORTANT:
Additional information applicable to the Sale may be set out in
the Catalogue for the Sale, in an insert in the Catalogue and/
or in a notice displayed at the Sale venue and you should read
them as well. Announcements affecting the Sale may also be
given out orally before and during the Sale without prior written
notice. You should be alert to the possibility of changes and ask
in advance of bidding if there have been any.
If the Lot is knocked down to you, you will be liable to pay the
Purchase Price, which is the Hammer Price which includes
any applicable GST, plus Buyers Premium and any Additional
Premium on the Hammer Price. See sections 6, 7 and 9
below for more details.
1. OUR ROLE
In its role as Auctioneer of Lots, Bonhams acts solely for and
in the interests of the Seller. Bonhams’ job is to sell the Lot at
the highest price obtainable at the Sale to a Bidder. Bonhams
does not act for Buyers or Bidders in this role and does not
give advice to Buyers or Bidders. When it or its staff make
statements about a Lot or, if Bonhams provides a Condition
Report on a Lot it is doing that on behalf of the Seller of the Lot.
Bidders and Buyers who are themselves not expert in the Lots
are strongly advised to seek and obtain independent advice on
the Lots and their value before bidding for them. The Seller has
authorised Bonhams to sell the Lot as its agent on its behalf
and, save where we expressly make it clear to the contrary,
Bonhams acts only as agent for the Seller. Any statement or
representation we make in respect of a Lot is made on the
Seller’s behalf and, unless Bonhams sells a Lot as principal,
not on our behalf and any Contract for Sale is between the
Buyer and the Seller and not with us. If Bonhams sells a Lot
as principal this will either be stated in the Catalogue or an
announcement to that effect will be made by the Auctioneer,
or it will be stated in a notice at the Sale or an insert in the
Catalogue.
Bonhams does not owe or undertake or agree to any duty
or responsibility to you in contract or tort (whether direct,
collateral, express, implied or otherwise). If you successfully bid
for a Lot and buy it, at that stage Bonhams does enter into an
agreement with the Buyer. The terms of that contract are set
out in our Buyer’s Agreement, which you will find at Appendix
2 at the back of the Catalogue. This will govern Bonhams’
relationship with the Buyer.
2. LOTS
Subject to the Contractual Description printed in bold letters
in the Entry about the Lot in the Catalogue (see paragraph 3
below), Lots are sold to the Buyer on an “as is” basis, with
all faults and imperfections. Illustrations and photographs
contained in the Catalogue (other than photographs forming
part of the Contractual Description) or elsewhere of any Lots
are for identification purposes only. They may not reveal the
true condition of the Lot. A photograph or illustration may
not reflect an accurate reproduction of the colour(s) of the
Lot. Lots are available for inspection prior to the Sale and it
is for you to satisfy yourself as to each and every aspect of a
Lot, including its authorship, attribution, condition, w, history,
background, authenticity, style, period, age, suitability, quality,
roadworthiness (if relevant), origin, value and estimated selling
price (including the Hammer Price). It is your responsibility
to examine any Lot in which you are interested. It should be
remembered that the actual condition of a Lot may not be as
good as that indicated by its outward appearance. In particular,
parts may have been replaced or renewed and Lots may not
be authentic or of satisfactory quality; the inside of a Lot may
not be visible and may not be original or may be damaged,
as for example where it is covered by upholstery or material.
Given the age of many Lots they may have been damaged and/
or repaired and you should not assume that a Lot is in good
condition. Electronic or mechanical parts may not operate
or may not comply with current statutory requirements. You
should not assume that electrical items designed to operate
on mains electricity will be suitable for connection to the mains
electricity supply and you should obtain a report from a qualified
electrician on their status before doing so. Such items which
are unsuitable for connection are sold as items of interest for
display purposes only. If you yourself do not have expertise
regarding a Lot, you should consult someone who does to
advise you. We can assist in arranging facilities for you to carry
out or have carried out more detailed inspections and tests.
Please ask our staff for details.
Any person who damages a Lot will be held liable for the
loss caused.
3. DESCRIPTIONS OF LOTS AND ESTIMATES
Contractual Description of a Lot
The Catalogue contains an Entry about each Lot. Each
Lot is sold by its respective Seller to the Buyer of the Lot
as corresponding only with that part of the Entry which is
printed in bold letters and (except for the colour, which may be
inaccurately reproduced) with any photograph of the Lot in the
Catalogue. The remainder of the Entry, which is not printed in
bold letters, represents Bonhams’ opinion (given in good faith
on behalf of the Seller) about the Lot only and is not part of the
Contractual Description in accordance with which the Lot is
sold by the Seller.
Estimates
In most cases, an Estimate is printed beside the Entry.
Estimates are only an expression of Bonhams’ opinion made
on behalf of the Seller of the range where Bonhams thinks the
Hammer Price for the Lot is likely to fall; it is not an estimate
of value.
Please note that as it is only an estimate of the Hammer Price
the Estimate does not take into account any Buyer’s Premium
payable. Lots can in fact sell for Hammer Prices below and
above the Estimate. Any Estimate 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.
Where the Seller has indicated that it is registered or
required to be registered for GST, GST will be included in
the Hammer Price.
Condition Reports
In respect of most Lots, you may ask for a Condition Report
on its physical condition from Bonhams. If you do so, this will
be provided by Bonhams on behalf of the Seller free of 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. Nor does the Seller owe or
agree to owe you as a Bidder any obligation or duty in respect
of this free report about a Lot, which is available for your own
inspection or for inspection by an expert instructed by you.
However, any written description of the physical condition of
the Lot contained in a Condition Report will form part of the
Contractual Description of the Lot under which it is sold to any
Buyer.
The Seller’s responsibility to you
The Seller does not make or agree to make any representation
of fact or contractual promise, guarantee or warranty and
undertakes no obligation or duty, whether in contract or in
tort (other than to the eventual Buyer as set out above), in
respect of the accuracy or completeness of any statement
or representation made by him or on his behalf, which is in
any way descriptive of any Lot or as to the anticipated or
likely selling price of any Lot. Other than as set out above, no
statement or representation in any way descriptive of a Lot or
any Estimate is incorporated into any Contract for Sale between
a Seller and a Buyer.
Bonhams’ responsibility to you
You have the opportunity of examining the Lot if you want to
and the Contract for Sale for a Lot is with the Seller and not
with Bonhams; Bonhams acts as the Seller’s agent only (unless
Bonhams sells the Lot as principal).
Bonhams undertakes no obligation to you to examine,
investigate or carry out any tests, either in sufficient depth or at
all, on each Lot to establish the accuracy or otherwise of any
descriptions or opinions given by Bonhams, or by any person
on Bonhams’ behalf, whether in the Catalogue or elsewhere.
You should not suppose that such examinations, investigations
or tests have occurred.
Bonhams does not make or agree to make any representation
of fact, and undertakes no obligation or duty (whether in
contract or tort) in respect of the accuracy or completeness
of any statement or representation made by Bonhams or on
Bonhams’ behalf which is in any way descriptive of any Lot or
as to the anticipated or likely selling price of any Lot.
No statement or representation by Bonhams or on its behalf in
any way descriptive of any Lot or any Estimate is incorporated
into our Buyer’s Agreement.
Alterations
Descriptions and Estimates may be amended at Bonhams’
discretion from time to time by notice given orally or in writing
before or during a Sale.
THE LOT IS AVAILABLE FOR INSPECTION AND YOU MUST
FORM YOUR OWN OPINION IN RELATION TO IT. YOU ARE
STRONGLY ADVISED TO EXAMINE ANY LOT OR HAVE IT
EXAMINED ON YOUR BEHALF BEFORE THE SALE.
4. CONDUCT OF THE SALE
Our Sales are public auctions which persons may attend and
you should take the opportunity to do so. We do reserve the
right at our sole discretion to refuse admission to our premises
or to any Sale without stating a reason. We have complete
discretion as to whether the Sale proceeds, whether any Lot is
included in the Sale, the manner in which the Sale is conducted
and we may offer Lots for sale in any order we choose
notwithstanding the numbers given to Lots in the Catalogue.
You should therefore check the date and starting time of the
Sale, whether there have been any withdrawals or late entries.
Remember that withdrawals and late entries may affect the
time at which a Lot you are interested in is put up for Sale. We
have complete discretion to refuse any bid, to nominate any
bidding increment we consider appropriate, to divide any Lot,
to combine two or more Lots, to withdraw any Lot from a Sale
and, in the case of dispute, to put up any Lot for auction again.
Auction speeds can exceed 100 Lots to the hour and bidding
increments are generally about 10%. However these do vary
from Sale to Sale and from Auctioneer to Auctioneer. Please
check with the department organising the Sale for advice
on this.
Where a Reserve has been applied to a Lot, the Auctioneer
may, in his absolute discretion, place bids (up to an amount not
equalling or exceeding such Reserve) on behalf of the Seller.
We are not responsible to you in respect of the presence or
absence of any Reserve in respect of any Lot. If there is a
Reserve it will normally be no higher than the lower figure for
any Estimate in the Catalogue, assuming that the currency of
the Reserve has not fluctuated adversely against the currency
of the Estimate. The Buyer will be the Bidder who makes the
highest bid acceptable to the Auctioneer for any Lot (subject
to any applicable Reserve) to whom the Lot is knocked down
by the Auctioneer at the fall of the Auctioneer’s hammer. Any
dispute as to the highest acceptable bid will be settled by the
Auctioneer in his absolute discretion. All bids tendered will
relate to the actual Lot number announced by the Auctioneer.
An electronic currency converter may be used at the Sale. This
equipment is provided as a general guide as to the equivalent
amount in certain currencies of a given bid. We do not accept
any responsibility for any errors which may occur in the use
of the currency converter. We may use video cameras to
record the Sale and may record telephone calls for reasons of
security and to assist in solving any disputes which may arise in
relation to bids made at the Sale. At some Sales, for example,
jewellery Sales, we may use screens on which images of the
Lots will be projected. This service is provided to assist viewing
at the Sale. The image on the screen should be treated as an
indication only of the current Lot. It should be noted that all bids
tendered will relate to the actual Lot number announced by the
Auctioneer. We do not accept any responsibility for any errors
which may occur in the use of the screen.
5. BIDDING
We do not accept bids from any person who has not
completed and delivered to us one of our Bidding Forms,
either our Bidder Registration Form, Absentee Bidding Form
or Telephone Bidding Form. You will be asked for proof of
identity, residence, financial details and references, which, when
asked for, you must supply if your bids are to be accepted
by us. Please bring your passport, driving license (or similar
photographic proof of identity) and a debit card. We may
request a deposit from you before allowing you to bid. We may
refuse entry to a Sale to any person even if that person has
completed a Bidding Form.
Bidding in person
You should come to our Bidder registration desk at the Sale
venue and fill out a Bidder Registration Form on (or, if possible,
before) the day of the Sale. The bidding number system is
sometimes referred to as “paddle bidding”. You will be issued
with a large card (a “paddle”) with a printed number on it. This
will be attributed to you for the purposes of the Sale. Should
you be a successful Bidder you will need to ensure that your
number can be clearly seen by the Auctioneer and that it is
your number which is identified as the Buyer’s. You should not
let anyone else use your paddle as all Lots will be invoiced to
the name and address given on your Bidder Registration Form.
Once an invoice is issued it will not be changed. If there is
any doubt as to the Hammer Price of, or whether you are the
successful Bidder of, a particular Lot, you must draw this to
the attention of the Auctioneer before the next Lot is offered for
Sale. At the end of the Sale, or when you have finished bidding
please return your paddle to the Bidder registration desk.
Bidding by telephone (only available on lots with a low
estimate greater than AU$1,000). If you wish to bid at the
Sale by telephone, please complete a Telephone Bidding Form,
which is available from our offices or in the Catalogue. Please
then return it to the office responsible for the Sale at least 24
hours in advance of the Sale. It is your responsibility to check
with our Bids Office that your bid has been received.
Telephone calls will be recorded. The telephone bidding facility
is a discretionary service and may not be available in relation to
all Lots. We will not be responsible for bidding on your behalf
if you are unavailable at the time of the Sale or if the telephone
connection is interrupted during bidding. Please contact us for
further details.
AUS/NOB/MAIN/V1/11.2020
Bidding by post or fax
Absentee Bidding Forms can be found in the back of this
Catalogue and should be completed and sent to the office
responsible for the Sale. It is in your interests to return your
form as soon as possible, as if two or more Bidders submit
identical bids for a Lot, the first bid received takes preference.
In any event, all bids should be received at least 24 hours
before the start of the Sale. Please check your Absentee
Bidding Form carefully before returning it to us, fully completed
and signed by you. It is your responsibility to check with our
Bids Office that your bid has been received. This additional
service is complimentary and is confidential. Such bids are
made at your own risk and we cannot accept liability for our
failure to receive and/or place any such bids and you are
responsible for checking with us that we have received the
bid. All bids made on your behalf will be made at the lowest
level possible subject to Reserves and other bids made for
the Lot. Where appropriate your bids will be rounded down to
the nearest amount consistent with the Auctioneer’s bidding
increments. New Bidders must also provide proof of identity
when submitting bids. Failure to do this may result in your bid
not being placed.
Bidding via the internet
Please visit our Website at www.bonhams.com for details
of how to bid via the internet.
Bidding through an agent
Bids will be accepted as placed on behalf of the person named
as the principal on the Bidding Form although we may refuse
to accept bids from an agent on behalf of a principal and
may require written confirmation from the principal confirming
the agent’s authority to bid. Nevertheless, as the Bidding
Form explains, any person placing a bid as agent on behalf
of another (whether or not he has disclosed that fact or the
identity of his principal) will be jointly and severally liable with
the principal to the Seller and to Bonhams under any contract
resulting from the acceptance of a bid. Subject to the above,
please let us know if you are acting on behalf of another person
when bidding for Lots at the Sale.
Equally, please let us know if you intend to nominate another
person to bid on your behalf at the Sale unless this is to be
carried out by us pursuant to a Telephone or Absentee Bidding
Form that you have completed. If we do not approve the
agency arrangements in writing before the Sale, we are entitled
to assume that the person bidding at the Sale is bidding on
his own behalf. Accordingly, the person bidding at the Sale will
be the Buyer and will be liable to pay the Hammer Price and
Buyer’s Premium and associated charges. If we approve the
identity of your client in advance, we will be in a position to
address the invoice to your principal rather than you. We will
require proof of the agent’s client’s identity and residence in
advance of any bids made by the agent on his behalf. Please
refer to our Conditions of Business and contact our Customer
Services Department for further details.
6. CONTRACTS BETWEEN THE BUYER AND SELLER AND
THE BUYER AND BONHAMS
On the Lot being knocked down to the Buyer, a Contract for
Sale of the Lot will be entered into between the Seller and the
Buyer on the terms of the Contract for Sale set out in Appendix
1 at the back of the Catalogue. You will be liable to pay the
Purchase Price, which is the Hammer Price. At the same
time, a separate contract is also entered into between us as
auctioneers and the Buyer. This is our Buyer’s Agreement, the
terms of which are set out in Appendix 2 at the back of the
Catalogue. Please read the terms of the Contract for Sale and
our Buyer’s Agreement contained in the Catalogue in case you
are the successful Bidder. We may change the terms of either
or both of these agreements in advance of their being entered
into, by setting out different terms in the Catalogue and/or by
placing an insert in the Catalogue and/or by notices at the Sale
venue and/or by oral announcements before and during the
Sale. You should be alert to this possibility of changes and ask
if there have been any.
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.
Storage charges and Expenses are also payable by the Buyer
as set out in the Buyer’s Agreement. All the sums payable to
us by the Buyer are subject to GST. For this Sale the following
rates of Buyer’s Premium will be payable by Buyers of Lots:
23% of the Hammer Price. With the exception of Collectors’
Motor Cars and Motorcycles where the buyer’s premium will be
15% on the first AU$100,000 and 10% thereafter.
8. GST
The prevailing rate of GST at the time of going to press is 10%
but this is subject to government change and the rate payable
will be the rate in force on the date of the sale.
The Hammer Price is inclusive of GST where applicable.
Where the Lot will be exported from Australia, GST may not
apply to the sale of the Lot. You should discuss the position
further with us.
For a list of lots consigned by GST registered entities please
consult a specialist.
GST at the prevailing rate will be added to Buyer’s Premium
which will be invoiced on a GST inclusive basis.
9. PAYMENT
It is of critical importance that you ensure that you have readily
available funds to pay the Purchase Price and the Buyer’s
Premium (plus GST and any other charges and Expenses to us)
in full before making a bid for the Lot. If you are a successful
Bidder, payment will be due to us by 4.30 pm on the second
working day after the Sale so that all sums are cleared by the
seventh working day after the Sale. Unless agreed by us in
advance payments made by anyone other than the registered
Buyer will not be accepted. Payment will have to be by one of
the following methods (all cheques should be made payable to
Bonhams 1793 Limited).
Australian Dollar personal cheque drawn on an Australian
bank: all cheques must be cleared before you can collect your
purchases;
Bank cheque: if you can provide suitable proof of identity and
we are satisfied as to the genuineness of the cheque, 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 AU$8,000, or the equivalent in the
currency in which the Sale is conducted, at the time when
payment is made. If the amount payable by you for Lots
exceeds that sum, the balance must be paid otherwise than in
coins or notes
Bank transfer: you may electronically transfer funds to our
Trust Account. If you do so, please quote your paddle number
and invoice number as the reference. Our Trust Account details
are as follows:
Bank: HSBC Bank Australia Ltd
Address: 28 Bridge Street
Sydney
NSW 2000
Account Name: Bonhams 1793 Ltd Au - Client AC
Account Number: 078193002
BSB: 342011
SWIFT code: HKBAAU2S
If paying by bank transfer, the amount received after the
deduction of any bank fees and/or conversion of the currency
of payment to pounds sterling must not be less than the
Australian Dollar amount payable, as set out on the invoice.
All payments must be cleared before you can collect
your purchases.
Payments can be made by BPAY. Please contact your
participating bank, credit union or building society to make
payment directly from your cheque or savings account. Enter
the Biller Code 17723 and BPAY reference number as detailed
on your invoice.
EFTPOS cards issued by an Australian bank: there is no
additional charge for purchases made with EFTPOS cards.
EFTPOS cards issued by an overseas bank, deferred and
company debit cards will be subject to a 1.65% surcharge.
10. COLLECTION AND STORAGE
The Buyer of a Lot will not be allowed to collect it until payment
in full and in cleared funds has been made (unless we have
made a special arrangement with the Buyer). For collection and
removal of purchased Lots, please refer to Sale Information at
the front of the catalogue. Our offices are open 9.00am - 5pm
Monday to Friday. Details relating to the collection of a Lot, the
storage of a Lot and our Storage Contractor after the Sale are
set out at the end of this Notice to Bidders.
11. SHIPPING
Please refer all enquiries to our shipping department
henry.sisley@bonhams.com
12. EXPORT/TRADE RESTRICTIONS
It is your sole responsibility to comply with all export and import
regulations relating to your purchases and also to obtain any
relevant export and/or import licence(s).
The need for import licences varies from country to country and
you should acquaint yourself with all relevant local requirements
and provisions.
Lots may be subject to special regulations based on their
nature. In particular, if a Lot is of Australian cultural significance,
such as for ethnological, historical, archaelogical literary, artistic,
scientific or technological reasons its export may be regulated
by the Protection of Moveable Cultural Heritage Act 1986 (Cth).
If you purchase, or plan to purchase, a Lot that may be subject
to this Act, you should acquaint yourself with the impact of
the Act on your purchase. Under this Act, some objects may
be not be able to be exported, whilst others will not be able to
be exported without permission. For more information on the
Act: see
www.arts.gov.au/movable.
The refusal of any import or export licence(s), any delay in
obtaining such licence(s), or any limitation on your ability to
export a Lot shall not permit the rescission of any sale nor allow
any delay in making full payment for the Lot.
Generally, please contact our shipping department before the
Sale if you require assistance in relation to export regulations.
13. CITES REGULATIONS
Please be aware that all Lots marked with the symbol Y are
subject to CITES regulations when exporting these items,
which may, for example, include objects of ivory, tortoiseshell
and other wildlife items outside Australia. Information about
these regulations may be found at www.environment.gov.au/
biodiversity/trade - use/cites/index.html or may be requested
from:
The Director
International Wildlife Trade
Department of the Environment, Water, Heritage and the Arts
GPO Box 787
Canberra ACT 2601
14. THE SELLERS AND/OR BONHAMS’ LIABILITY
Other than any liability of the Seller to the Buyer of a Lot under
the Contract for Sale, and to the extent permitted by law,
neither we nor the Seller are liable (whether in negligence or
otherwise) for any error or misdescription or omission in any
Description of a Lot or any Estimate in respect of it, whether
contained in the Catalogue or otherwise, whether given orally
or in writing and whether given before or during the Sale. To
the extent permitted by law, neither we nor the Seller will be
liable for any loss of Business, profits, revenue or income, or
for loss of reputation, or for disruption to Business or wasted
time on the part of management or staff, or for indirect losses
or consequential damages of any kind, irrespective in any case
of the nature, volume or source of the loss or damage alleged
to be suffered, and irrespective of whether the said loss or
damage is caused by or claimed in respect of any negligence,
other tort, breach of contract (if any) or statutory duty,
restitutionary claim or otherwise. To the extent permitted by law,
in any circumstances where we and/or the Seller are liable in
relation to any Lot or any Description or Estimate made of any
Lot, or the conduct of any Sale in relation to any Lot, whether in
damages, for an indemnity or contribution, or for a restitutionary
remedy or otherwise, our and/or the Seller’s liability (combined,
if both we and the Seller are liable) will be limited to payment of
a sum which will not exceed by way of maximum the amount
of the Purchase Price of the Lot irrespective in any case of the
nature, volume or source of any loss or damage alleged to be
suffered or sum claimed as due, and irrespective of whether
the liability arises from any negligence, other tort, breach of
contract (if any) or statutory duty or otherwise. Nothing set out
above will be construed as excluding or restricting (whether
directly or indirectly) our liability or excluding or restricting any
person’s rights or remedies in respect of (i) fraud, or (ii) death or
personal injury caused by our negligence (or by the negligence
of any person under our control or for whom we are legally
responsible), or (iii) any other liability to the extent the same
may not be excluded or restricted as a matter of law or (iv)
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.
AUS/NOB/MAIN/V1/11.2020
15. BOOKS
As stated above, all Lots are sold on an “as is” basis, subject
to all faults, imperfections and errors of description save as
set out below. However, you will be entitled to reject a Book
in the circumstances set out in paragraph 10 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. Bidders should be aware
that the importation of watches such as Rolex, Frank Muller
and Corum into the United States is highly restricted. These
watches may not be shipped to the USA and can only
be imported personally.
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.
In so far that it is reasonably practicable, Descriptions
of jewellery will conform to the guidelines set out by the
International Jewellery Confederation, CIBJO, a copy of the
Blue Book detailing their guidelines is available to Bidders.
Please contact our jewellery department if you wish to view it.
Estimated Weights
If a stone(s) weight appears within the body of the Description
in capital letters, the stone(s) has been unmounted and
weighed by Bonhams. If the weight of the stone(s) is stated
to be approximate and does not appear in capital letters, the
stone(s) has been assessed by us within its/their settings,
and the stated weight is a statement of our opinion only. This
information is given as a guide and Bidders should satisfy
themselves with regard to this information as to its accuracy.
Signatures
1. A diamond brooch, by Kutchinsky
When the maker’s name appears in the title, in Bonhams’
opinion the piece is by that maker.
2. A diamond brooch, signed Kutchinsky
Has a signature that, in Bonhams’ opinion, is authentic but may
contain gemstones that are not original, or the piece may have
been altered.
3. A diamond brooch, mounted by Kutchinsky
Has been created by the jeweller, In Bonhams’ opinion, but
using stones or designs supplied by the client.
19. PHOTOGRAPHS
‘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
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 in the artist’s hand;
? “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
Damage and Restoration
For your guidance, in our Catalogues we detail, as far as
practicable, recorded 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 printed in this Catalogue. Because of the
difficulty in determining whether an item of glass has been
repolished, in our Catalogues reference is only made to visible
chips and cracks. No mention is made of repolishing, severe
or otherwise.
22. IMPORTANT NOTICE
Readers of this catalogue should be aware that some of the
illustrated works of art may contain images of a sacred and/
or secret nature. It is suggested that art centre managers in
Aboriginal communities vet the illustrations with the appropriate
local elders before distributing this catalogue in the community.
Every effort has been made to use current orthographies
for Indigenous words, names of artists and people, titles of
works, places, ancestral beings and so on, however some
inconsistencies may result from a lack of current documentation
or from local variations of the spellings of similar or identical
words.
DATA PROTECTION - USE OF YOUR INFORMATION
As a result of the services provided by us, we obtain personal
data about you (which expression for the purposes of this
paragraph only includes your employees and officers, if
relevant). You agree to our use of it as follows.
We may use your data to notify you about changes to our
services and to provide you with information about products
or services that you request from us or which we feel may be
of interest to you. Data about you may be analysed to identify
your potential preferences for these purposes. We may disclose
your data to any member of our group (which means our
subsidiaries, our ultimate holding company and its subsidiaries
as defined in section 9 of the Corporations Act 2001, including
any overseas subsidiary). Subject to this, we will not disclose
your data to any third party but we may from time to time
provide you with information about goods and services
provided by third parties which we feel may be of interest
to you. Any member of our group may use your data for
similar purposes.
We will keep your data for a period of six years from the
date of your last contact with us so as to simplify any future
registration. The data may be transferred to and stored outside
Australia, in particular the United Kingdom, and you agree to
this transfer. Even when information is stored outside Australia,
we will continue to comply with the National Privacy Principles
set out in the Australian Privacy Act.
You have the right to request us not to use your information for
these purposes by contacting Bonhams 1793 Limited at
97-99 Queen Street, Woollahra NSW, 2025, Australia or
by email at info.aus@bonhams.com.
APPENDIX 1
CONTRACT FOR SALE
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.
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 THE LOT FOR YOURSELF AND/OR OBTAIN AN
INDEPENDENT EXAMINATION OF IT BEFORE YOU BUY IT.
1 THE CONTRACT
1.1 These terms govern the Contract for Sale of
the Lot by the Seller to the Buyer.
1.2 The Definitions and Glossary contained in
Appendix 3 in the Catalogue are incorporated into
this Contract for Sale and a separate copy can
also be provided by Bonhams on request. Where
words and phrases are used which are in the List
of Definitions, they are printed in italics.
1.3 The Seller sells the Lot as the principal to the
Contract for Sale, such contract being made
between the Seller and you through Bonhams
which acts in the sole capacity as the Seller’s
agent and not as an additional principal. However,
if the Catalogue states that Bonhams sells the Lot
as principal, or such a statement is made by an
announcement by the Auctioneer, or by a notice
at the Sale, or an insert in the Catalogue, then
Bonhams is the Seller for the purposes of this
agreement.
1.4 The contract is made on the fall of the
Auctioneer’s hammer in respect of the Lot
when it is knocked down to you.
2 SELLER’S UNDERTAKINGS
2.1 The Seller undertakes to you that:
2.1.1 the Seller is the owner of the Lot or is duly
authorised to sell the Lot by the owner;
2.1.2 save as disclosed in the Entry for the Lot in
the Catalogue, the Seller sells the Lot with full title
guarantee and free from any encumbrance or
charge or, where the seller is an executor, trustee,
liquidator, receiver or administrator, with whatever
right, title or interest he may have in the Lot
2.1.3 except where the Sale is by an executor, trustee,
liquidator, receiver or administrator the Seller is
both legally entitled to sell the Lot, and legally
capable of conferring on you quiet possession
of the Lot;
AUS/NOB/MAIN/V1/11.2020
2.1.4 the Seller has complied with all requirements,
legal or otherwise, relating to any export or
import of the Lot, and all duties and taxes in
respect of the export or import of the Lot have
(unless stated to the contrary in the Catalogue
or announced by the Auctioneer) been paid and,
so far as the Seller is aware, all third parties have
complied with such requirements in the past;
2.1.5 subject to any alterations expressly identified as
such made by announcement or notice at the
Sale venue or by the Notice to Bidders or by an
insert in the Catalogue, the Lot corresponds with
the Contractual Description of the Lot, being that
part of the Entry about the Lot in the Catalogue
which is in bold letters and (except for colour)
with any photograph of the Lot in the Catalogue
and the contents of any Condition Report which
has been provided to the Buyer.
3 DESCRIPTIONS OF THE LOT
3.1 Paragraph 2.1.5 sets out what is the Contractual
Description of the Lot. In particular, the Lot
is not sold as corresponding with that part of
the Entry in the Catalogue which is not printed
in bold letters, which merely sets out (on the
Seller’s behalf) Bonhams’ opinion (given on a
reasonable basis and honestly) about the Lot and
which is not part of the Contractual Description
upon which the Lot is sold. Any statement or
representation other than that part of the Entry
referred to in paragraph 2.1.5 (together with any
express alteration to it as referred to in paragraph
2.1.5), including any Description or Estimate,
whether made orally or in writing, including in
the Catalogue or on Bonhams’ Website, or by
conduct, or otherwise, and whether by or on
behalf of the Seller or Bonhams and whether
made prior to or during the Sale, is not part of
the Contractual Description upon which the Lot is
sold.
3.2 Except as provided in paragraph 2.1.5, the
Seller does not make or give and does not
agree to make or give any contractual promise,
undertaking, obligation, guarantee, warranty, or
representation of fact, or undertake any duty of
care, in relation to any Description of the Lot or
any Estimate in relation to it, nor of the accuracy
or completeness of any Description or Estimate
which may have been made by or on behalf
of the Seller including by 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
alleged undertaking, 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 when it is knocked
down to you on the fall of the Auctioneer’s
hammer in respect of the Lot. 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 after the fall of the
Auctioneer’s hammer until you obtain full title to it.
5.2 Title to the Lot remains in and is retained by the
Seller until 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.
6 PAYMENT
6.1 Your obligation to pay the Purchase Price arises
when the Lot is knocked down to you on the
fall of the Auctioneer’s hammer in respect of
the Lot.
6.2 Time will be of the essence in relation to payment
of the Purchase Price and all other sums payable
by you to Bonhams. Unless agreed in writing
with you by Bonhams on the Seller’s behalf (in
which case you must comply with the terms of
that agreement), all such sums must be paid to
Bonhams by you in the currency in which the
Sale was conducted by not later than 4.30pm
on the second working day following the Sale
and you must ensure that the funds are cleared
by the seventh working day after the Sale.
Payment must be made to Bonhams by one
of the methods stated in the Notice to Bidders
unless otherwise agreed with you in writing by
Bonhams. If you do not pay any sums due in
accordance with this paragraph, the Seller will
have the rights set out in paragraph 8 below.
7 GST
If the Seller is registered or required to
be registered for GST, unless otherwise
indicated, the sale of the Lot will be a
taxable supply by the Seller and subject
to GST and GST will be included in the
Hammer Price.
Where the Sale is a taxable supply, Bonhams
(on behalf of the Seller) will issue a tax
invoice to you for the sale of the Lot.
8 COLLECTION OF THE LOT
8.1 Unless otherwise agreed in writing with you by
Bonhams, the Lot will be released to you or to
your order only when 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.
8.2 The Seller is entitled to withhold possession from
you of any other Lot he has sold to you at the
same or at any other Sale and whether currently
in Bonhams’ possession or not until payment in
full and in cleared funds of the Purchase Price
and all other sums due to the Seller and/or
Bonhams in respect of the Lot.
8.3 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.
8.4 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.
8.5 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 8 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.
9 FAILURE TO PAY FOR THE LOT
9.1 If the Purchase Price for a Lot is not paid to
Bonhams in full in accordance with the Contract
for Sale the Seller will be entitled, with the prior
written agreement of Bonhams but without
further notice to you, to exercise one or more of
the following rights (whether through Bonhams or
otherwise):
9.1.1 to terminate immediately the Contract for Sale of
the Lot for your breach of contract;
9.1.2 to resell the Lot by auction, private treaty or any
other means on giving seven days’ written notice
to you of the intention to resell;
9.1.3 to retain possession of the Lot;
9.1.4 to remove and store the Lot at your expense;
9.1.5 to take legal proceedings against you for any sum
due under the Contract for Sale and/or damages
for breach of contract;
9.1.6 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
Australia and New Zealand Banking Group
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;
9.1.7 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;
9.1.8 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;
9.1.9 to retain possession of, and on three months’
written notice to sell, Without Reserve, any of
your other property in the possession of the
Seller and/or of Bonhams (as bailee for the Seller)
for any purpose (including, without limitation,
other goods sold to you) and to apply any monies
due to you as a result of such sale in satisfaction
or part satisfaction of any amounts owed to the
Seller or to Bonhams; and
9.1.10 so long as such goods remain in the possession
of the Seller or Bonhams as its bailee, to rescind
the contract for the Sale of any other goods sold
to you by the Seller at the Sale or at any other
auction or by private treaty and apply any monies
received from you in respect of such goods in
part or full satisfaction of any amounts owed to
the Seller or to Bonhams by you.
9.2 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.
9.3 On any resale of the Lot under paragraph 8.1.2,
the Seller will account to you in respect of any
balance remaining from any monies received by
him or on his behalf in respect of the Lot, after
the payment of all sums due to the Seller and
to Bonhams, within 28 days of receipt of such
monies by him or on his behalf.
10 THE SELLER’S LIABILITY
10.1 The Seller acknowledges that certain laws imply
terms, conditions or warranties into contracts
for the supply of goods or services (including
this agreement) that cannot be excluded. For
example, for Consumers, purchasing goods at
auction (including those under this agreement)
come with non - excludable warranties under
consumer protection legislation as to title and
quiet possession and that the goods are free
from encumbrance. The seller also acknowledges
that certain other laws cannot be excluded.
Nothing in paragraphs 9.2 to 9.5 is intended to
exclude or restrict:
10.1.1 the application of any consumer protection
legislation; or
10.1.2 our liability for fraud or death or persona injury
caused by the Seller’s negligence (or any person
under the Seller’s control or from whom the Seller
is legally responsible); or
10.1.3 any other liability to the extent that such liability
may not be excluded or restricted as a matter
of law.
AUS/NOB/MAIN/V1/11.2020
10.2 The Seller will not be liable for any injury, loss or
damage caused by the Lot after the fall of the
Auctioneer’s hammer in respect of the Lot.
10.3 Subject to paragraph 9.3 below, except for
breach of the express undertaking provided
in paragraph 2.1.5, the Seller will not be liable
for any breach of any term that the Lot will
correspond with any Description applied to it by
or on behalf of the Seller, whether implied by the
Trade Practices Act 1974 or otherwise.
10.4 Unless the Seller sells the Lot in the course of a
Business and the Buyer buys it as a Consumer,
10.4.1 the Seller will not be liable (whether in negligence,
other tort, breach of contract or statutory duty
or in restitution or under the Trade Practices
Act 1974, or in any other way) for any lack
of conformity with, or inaccuracy, error,
misdescription or omission in any Description of
the Lot or any Entry or Estimate in relation to the
Lot made by or on behalf of the Seller (whether
made in writing, including in the Catalogue, or on
the Website, or orally, or by conduct or otherwise)
and whether made before or after this agreement
or prior to or during the Sale;
10.4.2 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;
10.4.3 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.
11 MISCELLANEOUS
11.1 You may not assign either the benefit or burden
of the Contract for Sale.
11.2 The Seller’s failure or delay in enforcing or
exercising any power or right under the Contract
for Sale will not operate or be deemed to operate
as a waiver of his rights under it except to the
extent of any express waiver given to you in
writing. Any such waiver will not affect the Seller’s
ability subsequently to enforce any right arising
under the Contract for Sale.
11.3 If either party to the Contract for Sale is
prevented from performing that party’s respective
obligations under the Contract for Sale by
circumstances beyond its reasonable control
or if performance of its obligations would by
reason of such circumstances give rise to a
significantly increased financial cost to it, that
party will not, for so long as such circumstances
prevail, be required to perform such obligations.
This paragraph does not apply to the obligations
imposed on you by paragraph 6.
11.4 Any notice or other communication to be given
under the Contract for Sale must be in writing
and may be delivered by hand or sent by first
class post or air mail or fax transmission, if to the
Seller, addressed c/o Bonhams at its address
or fax number in the Catalogue (marked for the
attention of the Company Secretary), and if to
you to the address or fax number of the Buyer
given in the Bidding Form (unless notice of
any change of address is given in writing). It is
the responsibility of the sender of the notice or
communication to ensure that it is received in a
legible form within any applicable time period.
11.5 If any term or any part of any term of the Contract
for Sale is held to be unenforceable
or invalid, such unenforceability or invalidity will
not affect the enforceability and validity of the
remaining terms or the remainder of the
relevant term.
11.6 References in the Contract for Sale to Bonhams
will, where appropriate, include reference to
Bonhams’ officers, employees and agents.
11.7 The headings used in the Contract for Sale
are for convenience only and will not affect its
interpretation.
11.8 In the 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 the Contract for Sale.
11.11 Save as expressly provided in paragraph 10.12
nothing in the Contract for Sale confers (or
purports to confer) on any person who is not
a party to the Contract for Sale any benefit
conferred by, or the right to enforce any term of,
the Contract for Sale.
11.12 Where the Contract for Sale confers an immunity
from, and/or an exclusion or restriction of, the
responsibility and/or liability of the Seller, it will
also operate in favour and for the benefit of
Bonhams, Bonhams’ holding company and the
subsidiaries of such holding company and the
successors and assigns of Bonhams and of such
companies and of any officer, employee and
agent of Bonhams and such companies, each
of whom will be entitled to rely on the relevant
immunity and/or exclusion and/or restriction (and
Bonhams enters into this agreement on trust for
each such person).
12 GOVERNING LAW & DISPUTE RESOLUTION
12.1 Law
All transactions to which the Contract for
Sale applies and all connected matters will be
governed by and construed in accordance with
the laws of that state or territory of Australia
where the Sale takes place and (except as
provided in paragraph 11.2) the Seller and you
each submit to the exclusive jurisdiction of the
courts of that state or territory of Australia, 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.
12.2 Dispute Resolution
Unless the Buyer buys the Lot as a Consumer
from the Seller selling in the course of Business:
12.2.1 any dispute concerning the Description,
authorship, attribution, condition, provenance,
authenticity, age, suitability, quality or origin of
the Lot, or the conformity of the Lot with any
Description, or whether the Lot is or is not
a Forgery shall be referred, if so required by
Bonhams, to an expert or a panel of up to three
experts appointed, in the absence of agreement
among the Seller, you and (if applicable)
Bonhams, by the professional body most
appropriate in Bonhams’ opinion to advise upon
the subject matter of the dispute in question or,
in the absence of such a professional body, by
the President of The Law Society of New South
Wales from time to time;
12.2.2 such experts appointed in accordance with
paragraph 11.2.1 will act as experts and not as
arbitrators and their decision will be final and
binding on the relevant parties;
12.2.3 any other dispute relating to or arising out of
the sale of the Lot or this agreement shall be
finally resolved, if so required by Bonhams, by
arbitration, under the UNCITRAL arbitration
rules in force at the date of the reference to the
arbitration, and the tribunal for such arbitration
will consist of a single arbitrator appointed, in the
absence of agreement between the Seller, you
and (if applicable) Bonhams, by the President of
The Law Society of New South Wales from time
to time. The arbitration will take place in Sydney
and all proceedings (whether
oral or written) will be conducted in the
English language;
12.2.4 all costs and fees incurred in connection with
the resolution of a dispute in accordance with
paragraph 11.2 will be borne by the Seller and
Buyer in such manner as the expert(s) or the
arbitrator, as the case may be, determines.
APPENDIX 2
BUYER’S AGREEMENT
IMPORTANT: These terms may be changed in
advance of the sale of the Lot to you, by the
setting out of different terms in the Catalogue
for the Sale and/or by placing an insert in the
Catalogue and/or by notices at the Sale venue
and/or by oral announcements before and during
the Sale at the Sale venue. You should be alert
to this possibility of changes and ask in advance
of bidding if there have been any.
1 THE CONTRACT
1.1 These terms govern the contract between
Bonhams personally and the Buyer, being the
person to whom a Lot has been knocked down
by the Auctioneer.
1.2 The Definitions and Glossary contained in
Appendix 3 to the Catalogue for the Sale are
incorporated into this agreement and a separate
copy can also be provided by us on request.
Where words and phrases which are defined in
the List of Definitions are used in this agreement,
they are printed in italics. Reference is made
in this agreement to information printed in the
Notice to Bidders, printed at the beginning of
the Catalogue for the Sale, and where such
information is referred to it is incorporated into
this agreement.
1.3 The Contract for Sale of the Lot between you and
the Seller is made on the fall of the Auctioneer’s
hammer in respect of the Lot, when it is knocked
down to you. At that moment a separate contract
is also made between you and Bonhams on the
terms in this Buyer’s Agreement.
1.4 We act as agents for the Seller and are not
answerable or personally responsible to you for
any breach of contract or other default by the
Seller, unless Bonhams sells the Lot as principal.
1.5 Our personal obligations to you are governed
by this agreement and we agree, subject to the
terms below, to the following obligations:
1.5.1 we will, until the date and time specified in the
Notice to Bidders or otherwise notified to you,
store the Lot in accordance with paragraph 5;
1.5.2 subject to any power of the Seller or us to refuse
to release the Lot to you, we will release the Lot
to you in accordance with paragraph 4 once you
have paid to us, in cleared funds, everything due
to us and the Seller;
1.5.3 we will provide guarantees in the terms set out
in paragraphs 9 and 10.
1.6 We do not make or give and do not agree
to make or give any contractual promise,
undertaking, obligation, guarantee, warranty,
representation of fact in relation to any
Description of the Lot or any Estimate in relation
to it, nor of the accuracy or completeness of any
Description or Estimate which may have been
made by us or on our behalf or by or on behalf
of the Seller (whether made orally or in writing,
including in the Catalogue or on Bonhams’
Website, or by conduct, or otherwise), and
whether made before or after this agreement or
prior to or during the Sale. No such Description
or Estimate is incorporated into this agreement
between you and us. Any such Description or
Estimate, if made by us or on our behalf, is given
on a reasonable basis and honestly and (unless
Bonhams itself sells the Lot as principal) made
as agent on behalf of the Seller.
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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
3.1 Unless agreed in writing between you and us or
as otherwise set out in the Notice to Bidders, you
must pay to us by not later than 4.30pm on the
second working day following the Sale:
3.1.1 the Purchase Price for the Lot;
3.1.2 a Buyer’s Premium in accordance with the rates
set out in the Notice to Bidders, and
3.1.3 if the Lot is marked [AR], an Additional Premium
which is calculated and payable in accordance
with the Notice to Bidders together with GST on
that sum if applicable so that all sums due to us
are cleared funds by the seventh working day
after the Sale.
3.2 You must also pay us on demand any Expenses
payable pursuant to this agreement.
3.3 All payments to us must be made in the currency
in which the Sale was conducted, using, unless
otherwise agreed by us in writing, one of the
methods of payment set out in the Notice to
Bidders. Our invoices will only be addressed to
the registered Bidder unless the Bidder is acting
as an agent for a named principal and we have
approved that arrangement, in which case we will
address the invoice to the principal.
3.4 If GST is or will be payable on a supply of
services made by us to you under or in
connection with this agreement, where the sums
payable are not expressly stated to include GST,
the sums otherwise payable are increased by the
amount of GST and you must make payment of
the increase at the same time as you must pay
the other sums due.
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 GST and
any interest earned and/or incurred until payment
to the Seller.
3.6 Time will be of the essence in relation to any
payment payable to us. If you do not pay the
Purchase Price, or any other sum due to us in
accordance with this paragraph 3, we will have
the rights set out in paragraph 7 below.
3.7 Where a number of Lots have been knocked
down to you, any monies we receive from you will
be applied firstly pro - rata to pay the Purchase
Price of each Lot and secondly pro - rata to pay
all amounts due to Bonhams.
4 COLLECTION OF THE LOT
4.1 Subject to any power of the Seller or us to refuse
to release the Lot to you, once you have paid to
us, in cleared funds, everything due to the Seller
and to us, 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 stamped, paid
invoice, obtained from our cashier’s office.
4.2 You must collect and remove the Lot at your own
expense by the date and time specified in the
Notice to Bidders, or if no date is specified, by
4.30pm on the seventh day after the Sale.
4.3 For the period referred to in paragraph 4.2, the
Lot can be collected from the address referred
to in the Notice to Bidders for collection on the
days and times specified in the Notice to Bidders.
Thereafter, the Lot may be removed elsewhere
for storage and you must enquire from us as to
when and where you can collect it, although this
information will usually be set out in the Notice to
Bidders.
4.4 If you have not collected the Lot by the date
specified in the Notice to Bidders, you authorise
us, acting as your agent and on your behalf, to
enter into a contract (the “Storage Contract”)
with a 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 AU$5.50 inclusive of GST per Lot per
day) will be payable from the expiry of the period
referred to in paragraph 4.2. These storage fees
form part of our Expenses.
4.5 Until you have paid the Purchase Price and any
Expenses in full the Lot will either be held by us
as agent on behalf of the Seller or held by the
Storage Contractor as agent on behalf of the
Seller and ourselves on the terms contained in
the Storage Contract.
4.6 You undertake to comply with the terms of any
Storage Contract and in particular to pay the
charges (and all costs of moving the Lot into
storage) due under any Storage Contract. You
acknowledge and agree that you will not be able
to collect the Lot from the Storage Contractor’s
premises until you have paid the Purchase Price,
any Expenses and all charges due under the
Storage Contract.
4.7 You will be wholly responsible for packing,
handling and transport of the Lot on collection
and for complying with all import or export
regulations in connection with the Lot.
4.8 You will be wholly responsible for any removal,
storage, or other charges for any Lot not
removed in accordance with paragraph 4.2,
payable at our current rates, and any Expenses
we incur (including any charges due under the
Storage Contract), all of which must be paid
by you on demand and in any event before any
collection of the Lot by you or on your behalf.
5 STORING THE LOT
We agree to store the Lot until the earlier of your
removal of the Lot or until the time and date
set out in the Notice to Bidders (or if no date is
specified, by 4.30pm on the seventh day after the
Sale) and, subject to paragraphs 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 Notice to Bidders. 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 Only on the payment of the Purchase Price to us
will title in the Lot pass to you. However under the
Contract for Sale, the risk in the Lot passed to
you when it was knocked down to you.
6.2 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 be entitled
to exercise one or more of the following rights
(without prejudice to any rights we may exercise
on behalf of the Seller):
7.1.1 to terminate this agreement immediately for your
breach of contract;
7.1.2 to retain possession of the Lot;
7.1.3 to remove, and/or store the Lot at your expense;
7.1.4 to take legal proceedings against you for payment
of any sums payable to us by you (including the
Purchase Price) and/or damages for breach of
contract;
7.1.5 to be paid interest on any monies due to us
(after as well as before judgement or order) at
the annual rate of 5% per annum above the base
lending rate of National Westminster Bank Plc
from time to time to be calculated on a daily basis
from the date upon which such monies become
payable until the date of
actual payment;
7.1.6 to repossess the Lot (or any part thereof) which
has not become your property, and for this
purpose (unless you buy the Lot as a Consumer)
you hereby grant an irrevocable licence to us,
by ourselves, our servants or agents, to enter
upon all or any of your premises (with or without
vehicles) during normal business hours to take
possession of any Lot or part thereof;
7.1.7 to sell the Lot Without Reserve by auction, private
treaty or any other means on giving you three
months’ written notice of our intention to do so;
7.1.8 to retain possession of any of your other property
in our possession for any purpose (including,
without limitation, other goods sold to you or with
us for sale) until all sums due to us have been
paid in full;
7.1.9 to apply any monies received from you for any
purpose whether at the time of your default or at
any time thereafter in payment or part payment of
any sums due to us by you under this agreement;
7.1.10 on three months’ written notice to sell, Without
Reserve, any of your other property in our
possession or under our control for any purpose
(including other goods sold to you or with us for
sale) and to apply any monies due to you as a
result of such sale in payment or part payment of
any amounts owed to us;
7.1.11 refuse to allow you to register for a future Sale
or to reject a bid from you at any future Sale or
to require you to pay a deposit before any bid
is accepted by us at any future Sale in which
case we will be entitled to apply such deposit in
payment or part payment, as the case may be,
of the Purchase Price of any Lot of which you are
the Buyer.
7.2 You agree to indemnify us against all legal and
other costs, all losses and all other expenses
(whether or not court proceedings will have been
issued) incurred by us as a result of our taking
steps under this paragraph 7 on a full indemnity
basis together with interest thereon (after as
well as before judgement or order) at the rate
specified in paragraph 7.1.5 from the date upon
which we become liable to pay the same until
payment by you.
7.3 If you pay us only part of the sums due to us
such payment shall be applied firstly to the
Purchase Price of the Lot (or where you have
purchased more than one Lot pro - rata towards
the Purchase Price of each Lot) and secondly
to the Buyer’s Premium (or where you have
purchased more than one Lot pro - rata to the
Buyer’s Premium on each Lot) and thirdly to any
other sums due to us.
7.4 We will account to you in respect of any balance
we hold remaining from any monies received by
us in respect of any sale of the Lot under our
rights under this paragraph 7 after the payment
of all sums due to us and/or the Seller within 28
days of receipt by us of all such sums paid to us.
8 CLAIMS BY OTHER PERSONS IN RESPECT
OF THE LOT
8.1 Whenever it becomes apparent to us that the
Lot is the subject of a claim by someone other
than you and other than the Seller (or that such a
claim can reasonably be expected to be made),
we may, at our reasonable 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:
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8.1.1 retain the Lot to investigate any question raised
or reasonably expected by us to be raised in
relation to the Lot; and/or
8.1.2 deliver the Lot to a person other than you;
and/or
8.1.3 commence interpleader proceedings or seek any
other order of any court, mediator, arbitrator or
government body; and/or
8.1.4 require an indemnity and/or security from you in
return for pursuing a course of action agreed to
by you.
8.2 The discretion referred to in paragraph 8.1:
8.2.1 may be exercised at any time during which we
have actual or constructive possession of the
Lot, or at any time after such possession, where
the cessation of such possession has occurred
by reason of any decision, order or ruling of any
court, mediator, arbitrator or government body;
and
8.2.2 will not be exercised unless we believe that there
exists a serious prospect of a good arguable
case in favour of the claim.
9 FORGERIES
9.1 We undertake a personal responsibility for any
Forgery in accordance with the terms of this
paragraph 9.
9.2 Paragraph 9 applies only if:
9.2.1 your name appears as the named person to
whom the original invoice was made out by us in
respect of the Lot and that invoice has been paid;
and
9.2.2 you notify us in writing as soon as reasonably
practicable after you have become aware that
the Lot is or may be a Forgery, and in any event
within one year after the Sale, that the Lot is a
Forgery; and
9.2.3 within one month after such notification has
been given, you return the Lot to us in the same
condition as it was at the time of the Sale,
accompanied by written evidence that the Lot is
a Forgery and details of the Sale and Lot number
sufficient to identify the Lot.
9.3 Paragraph 9 will not apply in respect of a
Forgery if:
9.3.1 the Entry in relation to the Lot contained in the
Catalogue reflected the then accepted general
opinion of scholars and experts or fairly indicated
that there was a conflict of such opinion or
reflected the then current opinion of an expert
acknowledged to be a leading expert in the
relevant field; or
9.3.2 it can be established that the Lot is a Forgery only
by means of a process not generally accepted for
use until after the date on which the Catalogue
was published or by means of a process which it
was unreasonable in all the circumstances for us
to have employed.
9.4 You authorise us to carry out such processes
and tests on the Lot as we in our reasonable
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, and
we will pay to you an amount equal to the sum of
the Purchase Price, Buyer’s Premium, GST 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 acknowledge that certain laws imply
terms, conditions or warranties into contracts
for the supply of goods or services (including
this agreement) that cannot be excluded. For
example, for Consumers, services (including
those under this agreement) come with non -
excludable warranties under consumer protection
legislation that they will be provided with due care
and skill and be reasonably fit for their purpose
(where the purpose is made known). We also
acknowledge that certain other laws cannot be
excluded. Nothing in paragraphs 10.2 to 10.4 is
intended to exclude or restrict:
10.1.1 the application of any consumer protection
legislation; or
10.1.2 our liability for fraud or death or personal injury
caused by our negligence (or any person under
our control for whom we are legally responsible);
or
10.1.3 any other liability to the extent that such liability
may not be excluded or restricted on a matter of
law.
10.2 Subject to paragraph 10.1, we will not be liable
whether in negligence, other tort, breach of
contract or statutory duty or in restitution or
under the Trade Practices Act 1974 or in any
other way for lack of conformity with or any
inaccuracy, error, misdescription or omission
in any Description of the Lot or any Entry or
Estimate in respect of it, made by us or on our
behalf or by or on behalf of the Seller (whether
made in writing, including in the Catalogue, or on
the Bonhams’ Website, or orally, or by conduct or
otherwise) and whether made before or after this
agreement or prior to or during
the Sale.
10.3 Subject to paragraph 10.1, 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 due
care and skill in relation to it, but we will not be
responsible for damage to the Lot or to other
persons or things caused by:
10.3.1 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
10.3.2 changes in atmospheric pressure; nor will we be
liable for:
10.3.3 damage to tension stringed musical instruments;
or
10.3.4 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.
10.4.1 Subject to paragraph 10.1 we will not be liable
to you for any loss of Business, Business profits,
revenue or income or for loss of Business
reputation or for disruption to Business or wasted
time on the part of the Buyer’s management or
staff or 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.
10.4.2 Subject to paragraph 10.1 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.
11 MISCELLANEOUS
11.1 You may not assign either the benefit or burden
of this agreement.
11.2 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.
11.3 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.
11.4 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.
11.5 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.
11.6 References in this agreement to Bonhams
will, where appropriate, include reference to
Bonhams’ officers, employees and agents.
11.7 The headings used in this agreement are
for convenience only and will not affect its
interpretation.
11.8 In this agreement “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 para
graph of this agreement.
11.11 Save as expressly provided in paragraph 11.12
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.
11.12 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 (and Bonhams
enter into this agreement on trust for each such
person).
12 GOVERNING LAW AND DISPUTE
RESOLUTION
12.1 Law
All transactions to which this agreement applies
and all connected matters will be governed by
and construed in accordance with the laws of
that state or territory of Australia where the Sale
takes place and (except as provided in paragraph
12.2) we and you each submit to the exclusive
jurisdiction of the courts of that state or territory
of Australia, 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.
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12.2 Dispute Resolution
Unless the Buyer buys the Lot as a Consumer
from the Seller selling in the course of Business:
12.2.1 any dispute concerning the Description,
authorship, attribution, condition, provenance,
authenticity, age, suitability, quality or origin of
the Lot, or the conformity of the Lot with any
Description, or whether the Lot is or is not
a Forgery shall be referred, if so required by
Bonhams, to an expert or a panel of up to three
experts appointed, in the absence of agreement
among the Seller, you and (if applicable)
Bonhams, by the professional body most
appropriate in Bonhams’ opinion to advise upon
the subject matter of the dispute in question or,
in the absence of such a professional body, by
the President of The Law Society of New South
Wales from time to time;
12.2.2 such experts appointed in accordance with
paragraph 11.2.1 will act as experts and not as
arbitrators and their decision will be final and
binding on the relevant parties;
12.2.3 any other dispute relating to or arising out of
the sale of the Lot or this agreement shall be
finally resolved, if so required by Bonhams, by
arbitration, under the UNCITRAL arbitration
rules in force at the date of the reference to the
arbitration, and the tribunal for such arbitration
will consist of a single arbitrator appointed, in the
absence of agreement between the Seller, you
and (if applicable) Bonhams, by the President of
The Law Society of New South Wales from time
to time. The arbitration will take place in Sydney
and all proceedings (whether oral or written) will
be conducted in the English language;
12.2.4 all costs and fees incurred in connection with
the resolution of a dispute in accordance with
paragraph 11.2 will be borne by the Seller and
Buyer in such manner as the expert(s) or the
arbitrator, as the case may be, determines.
DATA PROTECTION - USE OF YOUR INFORMATION
As a result of the services provided by us, we obtain personal
data about you (which expression for the purposes of this
paragraph only includes your employees and officers, if
relevant). You agree to our use of it as follows.
We may use your data to notify you about changes to our
services and to provide you with information about products
or services that you request from us or which we feel may
be of interest to you. Data about you may be analysed to
identify your potential preferences for these purposes. We
may disclose your data to any member of our group (which
means our subsidiaries, our ultimate holding company and its
subsidiaries as defined in section 9 of the Corporations Act
2001, including any overseas subsidiary). Subject to this, we
will not disclose your data to any third party but we may from
time to time provide you with information about goods and
services provided by third parties which we feel may be of
interest to you. Any member of our group may use your data
for similar purposes.
We will keep your data for a period of six years from the
date of your last contact with us so as to simplify any future
registration. The data may be transferred to and stored outside
Australia, particularly the United Kingdom, and you agree to this
transfer. Even when information is stored outside Australia, we
will continue to comply with the National Privacy Principles set
out in the Australian Privacy Act.
You have the right to request us not to use your information for
these purposes by contacting Bonhams 1793 Limited at
97-99 Queen Street, Woollahra NSW, 2025, Australia or
by email at info.aus@bonhams.com.
APPENDIX 3
DEFINITIONS and GLOSSARY
Where these Definitions and Glossary are incorporated, the
following words and phrases used have (unless the context
otherwise requires) the meanings given to them below. The
Glossary is to assist you to understand words and phrases
which have a specific legal meaning with which you may not
be familiar.
LIST OF DEFINITIONS
“ABN” means the same as ABN means in the A New Tax
System (Australian Business Number) Act 1999.
“Auctioneer” the representative of Bonhams conducting the
Sale.
“Bidder” a person who has completed a Bidding Form.
“Bidding Form” our Bidding Registration Form, our Absentee
Bidding Form or our Telephone Bidding Form.
“Bonhams” Bonhams 1793 Limited or its successors or
assigns. Bonhams is also referred to in the Buyer’s Agreement,
the Conditions of Business and the Notice to Bidders by the
words “we”, “us” and “our”.
“Book” a printed book offered for sale at a specialist book sale.
“Business” includes any trade, business and profession.
“Buyer” the person to whom a Lot is knocked down by the
Auctioneer. The Buyer is also referred to in the Contract of Sale
and the Buyer’s Agreement by the words “you” and “your”.
“Buyer’s Agreement” the contract entered into by Bonhams
with the Buyer (see Appendix 2 in the Catalogue).
“Buyer’s Premium” the sum calculated on the Hammer Price
at the rates stated in the Notice to Bidders.
“Catalogue” the Catalogue relating to the relevant Sale,
including any representation of the Catalogue published on our
Website.
“Commission” the commission payable by the Seller to
Bonhams calculated at the rates stated in the Contract Form.
“Condition Report” a report on the physical condition of a Lot
provided to a Bidder or potential Bidder by Bonhams on behalf
of the Seller.
“Consignment Fee” a fee payable to Bonhams by the Seller
calculated at rates set out in the Conditions of Business.
“Consumer” a consumer within the meaning of that term in the
Trade Practices Act 1974.
“Contract Form” the contract form, or vehicle entry form, as
applicable, signed by or on behalf of the Seller listing the Lots
to be offered for sale by Bonhams.
“Contract for Sale” the sale contract entered into by the Seller
with the Buyer (see Appendix 1 in the Catalogue).
“Contractual Description” the only description of the Lot
(being that part of the Entry about the Lot in the Catalogue
which is in bold letters, any photograph (except for the colour)
and the contents of any Condition Report) to which the Seller
undertakes in the Contract of Sale the Lot corresponds.
“Description” any statement or representation in any way
descriptive of the Lot, including any statement or representation
relating to its authorship, attribution, condition, provenance,
authenticity, style, period, age, suitability, quality, origin, value,
estimated selling price (including the Hammer Price).
“Entry” a written statement in the Catalogue identifying the
Lot and its Lot number which may contain a description and
illustration(s) relating to the Lot.
“Estimate” a statement of our opinion of the range within
which the hammer is likely to fall.
“Expenses” charges and expenses paid or payable by
Bonhams in respect of the Lot including legal expenses,
banking charges and expenses incurred as a result of an
electronic transfer of money, charges and expenses for loss
and damage cover, catalogue and other reproductions and
illustrations, any customs duties, advertising, packing or
shipping costs, reproduction rights’ fees, taxes (including GST),
levies, costs of testing, searches or enquiries, preparation of
the Lot for sale, storage charges, removal charges or costs
of collection from the Seller as the Seller’s agents or from a
defaulting Buyer, plus GST 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.
“GST” means the same as GST means in the A New Tax
System (Goods and Services Tax) Act 1999.
“Guarantee” the obligation undertaken personally by Bonhams
to the Buyer in respect of any Forgery and, in the case of
specialist Stamp sales and/or specialist Book sales, a Lot
made up of a Stamp or Stamps or a Book or Books as set out
in the Buyer’s Agreement.
“Hammer Price” the price in the currency in which the Sale
is conducted (including GST, if any) at which a Lot is knocked
down by the Auctioneer.
“Loss and Damage Warranty” means the warranty described
in paragraph 8.2.1 of the Conditions of Business.
“Loss and Damage Warranty Fee” means the fee described
in paragraph 8.2.3 of the Conditions of Business.
“Lot” any item consigned to Bonhams with a view to its sale
at auction or by private treaty (and reference to any Lot will
include, unless the context otherwise requires, reference to
individual items comprised in a group of two or more items
offered for sale as one Lot).
“Motoring Catalogue Fee” a fee payable by the Seller to
Bonhams in consideration of the additional work undertaken by
Bonhams in respect of the cataloguing of motor vehicles and in
respect of the promotion of sales of motor vehicles.
“Notional Charges” the amount of Commission and GST
which would have been payable if the Lot had been sold at the
Notional Price.
“Notional Fee” the sum on which the Consignment Fee
payable to Bonhams by the Seller is based and which is
calculated according to the formula set out in the Conditions
of Business.
“Notional Price” the latest in time of the average of the high
and low estimates given by us to you or stated in the Catalogue
or, if no such estimates have been given or stated, the Reserve
applicable to the Lot.
“Notice to Bidders” the notice printed at the back or front of
our Catalogues.
“Purchase Price” the Hammer Price.
“Reserve” the minimum price at which a Lot may be sold
(whether at auction or by private treaty).
“Sale” the auction sale at which a Lot is to be offered for sale
by Bonhams.
“Sale Proceeds” the net amount due to the Seller from the
sale of a Lot, being the Hammer Price less the Commission,
any GST chargeable thereon, Expenses and any other amount
due to us in whatever capacity and howsoever arising.
“Seller” the person who offers the Lot for sale named on
the Contract Form. Where the person so named identifies on
the form another person as acting as his agent, or where the
person named on the Contract Form acts as an agent for a
principal (whether such agency is disclosed to Bonhams or
not), “Seller” includes both the agent and the principal who
shall be jointly and severally liable as such. The Seller is also
referred to in the Conditions of Business by the words “you”
and “your”.
“Specialist Examination” a visual examination of a Lot by a
specialist on the Lot.
“Stamp” means a postage stamp offered for sale at a
Specialist Stamp sale.
“Standard Examination” a visual examination of a Lot by a
non - specialist member of Bonhams’ staff.
“Storage Contract” means the contract described in
paragraph 8.3.3 of the Conditions of Business or paragraph 4.4
of the Buyer’s Agreement (as appropriate).
“Storage Contractor” means the company identified as such
in the Catalogue.
“Terrorism” means any act or threatened act of terrorism,
whether any person is acting alone or on behalf of or in
connection with any organisation(s) and/or government(s),
committed for political, religious or ideological or similar
purposes including, but not limited to, the intention to
influence any government and/or put the public or any section
of the public into fear.
“Trust Account” the bank account of Bonhams into which all
sums received in respect of the Purchase Price of any Lot will
be paid, such account to be a distinct and separate account
to Bonhams’ normal business bank account. “Website”
Bonhams website at www.bonhams.com.
“Withdrawal Notice” the Seller’s written notice to Bonhams
revoking Bonhams’ instructions to sell a Lot.
“Without Reserve” where there is no minimum price at which
a Lot may be sold (whether at auction or by
private treaty).
GLOSSARY
The following expressions have specific legal meanings with
which you may not be familiar. The following glossary is
intended to give you an understanding of those expressions but
is not intended to limit their legal meanings: -
“artist’s resale right”: the right of the creator of a work of art
to receive a payment on Sales of that work subsequent to the
original Sale of that work by the creator of it as set out in the
Resale Royalty Right for Visual Artists Act 2009.
“bailee”: a person to whom goods are entrusted.
“indemnity”: an obligation to put the person who has the
benefit of the indemnity in the same position in which he would
have been, had the circumstances giving rise to the indemnity
not arisen and the expression “indemnify” is
construed accordingly.
“interpleader proceedings”: proceedings in the Courts to
determine ownership or rights over a Lot.
“knocked down”: when a Lot is sold to a Bidder, indicated by
the fall of the hammer at the Sale.
“lien”: a right for the person who has possession of the Lot to
retain possession of it.
“risk”: the possibility that a Lot may be lost, damaged,
destroyed, stolen, or deteriorate in condition or value.
“title”: the legal and equitable right to the ownership of a Lot.
“tort”: a legal wrong done to someone to whom the wrong
doer has a duty of care.
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