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NOTICE TO BIDDERSThis notice is addressed by Bonhams to any person whomay be interested in a Lot, including Bidders and potentialBidders (including any eventual Buyer of the Lot). For ease ofreference we refer to such persons as “Bidders” or “you”. OurList of Definitions and Glossary is incorporated into this Noticeto Bidders. It is at Appendix 3 at the back of the Catalogue.Where words and phrases are used in this notice which arein the List of Definitions, they are printed in italics.IMPORTANT:Additional information applicable to the Sale may be set out inthe Catalogue for the Sale, in an insert in the Catalogue and/or in a notice displayed at the Sale venue and you should readthem as well. Announcements affecting the Sale may also begiven out orally before and during the Sale without prior writtennotice. You should be alert to the possibility of changes and askin advance of bidding if there have been any.If the Lot is knocked down to you, you will be liable to pay thePurchase Price, which is the Hammer Price which includesany applicable GST, plus Buyers Premium and any AdditionalPremium on the Hammer Price. See sections 6, 7 and 9below for more details.1. OUR ROLEIn its role as Auctioneer of Lots, Bonhams acts solely for andin the interests of the Seller. Bonhams’ job is to sell the Lot atthe highest price obtainable at the Sale to a Bidder. Bonhamsdoes not act for Buyers or Bidders in this role and does notgive advice to Buyers or Bidders. When it or its staff makestatements about a Lot or, if Bonhams provides a ConditionReport 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 Lotsare strongly advised to seek and obtain independent advice onthe Lots and their value before bidding for them. The Seller hasauthorised Bonhams to sell the Lot as its agent on its behalfand, save where we expressly make it clear to the contrary,Bonhams acts only as agent for the Seller. Any statement orrepresentation we make in respect of a Lot is made on theSeller’s behalf and, unless Bonhams sells a Lot as principal,not on our behalf and any Contract for Sale is between theBuyer and the Seller and not with us. If Bonhams sells a Lotas principal this will either be stated in the Catalogue or anannouncement to that effect will be made by the Auctioneer,or it will be stated in a notice at the Sale or an insert in theCatalogue.Bonhams does not owe or undertake or agree to any dutyor responsibility to you in contract or tort (whether direct,collateral, express, implied or otherwise). If you successfully bidfor a Lot and buy it, at that stage Bonhams does enter into anagreement with the Buyer. The terms of that contract are setout in our Buyer’s Agreement, which you will find at Appendix2 at the back of the Catalogue. This will govern Bonhams’relationship with the Buyer.2. LOTSSubject to the Contractual Description printed in bold lettersin the Entry about the Lot in the Catalogue (see paragraph 3below), Lots are sold to the Buyer on an “as is” basis, withall faults and imperfections. Illustrations and photographscontained in the Catalogue (other than photographs formingpart of the Contractual Description) or elsewhere of any Lotsare for identification purposes only. They may not reveal thetrue condition of the Lot. A photograph or illustration maynot reflect an accurate reproduction of the colour(s) of theLot. Lots are available for inspection prior to the Sale and itis for you to satisfy yourself as to each and every aspect of aLot, including its authorship, attribution, condition, w, history,background, authenticity, style, period, age, suitability, quality,roadworthiness (if relevant), origin, value and estimated sellingprice (including the Hammer Price). It is your responsibilityto examine any Lot in which you are interested. It should beremembered that the actual condition of a Lot may not be asgood as that indicated by its outward appearance. In particular,parts may have been replaced or renewed and Lots may notbe authentic or of satisfactory quality; the inside of a Lot maynot 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 goodcondition. Electronic or mechanical parts may not operateor may not comply with current statutory requirements. Youshould not assume that electrical items designed to operateon mains electricity will be suitable for connection to the mainselectricity supply and you should obtain a report from a qualifiedelectrician on their status before doing so. Such items whichare unsuitable for connection are sold as items of interest fordisplay purposes only. If you yourself do not have expertiseregarding a Lot, you should consult someone who does toadvise you. We can assist in arranging facilities for you to carryout 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 theloss caused.3. DESCRIPTIONS OF LOTS AND ESTIMATESContractual Description of a LotThe Catalogue contains an Entry about each Lot. EachLot is sold by its respective Seller to the Buyer of the Lotas corresponding only with that part of the Entry which isprinted in bold letters and (except for the colour, which may beinaccurately reproduced) with any photograph of the Lot in theCatalogue. The remainder of the Entry, which is not printed inbold letters, represents Bonhams’ opinion (given in good faithon behalf of the Seller) about the Lot only and is not part of theContractual Description in accordance with which the Lot issold by the Seller.EstimatesIn most cases, an Estimate is printed beside the Entry.Estimates are only an expression of Bonhams’ opinion madeon behalf of the Seller of the range where Bonhams thinks theHammer Price for the Lot is likely to fall; it is not an estimateof value.Please note that as it is only an estimate of the Hammer Pricethe Estimate does not take into account any Buyer’s Premiumpayable. Lots can in fact sell for Hammer Prices below andabove the Estimate. Any Estimate should not be relied on as anindication of the actual selling price or value of a Lot. Estimatesare in the currency of the Sale.Where the Seller has indicated that it is registered orrequired to be registered for GST, GST will be included inthe Hammer Price.Condition ReportsIn respect of most Lots, you may ask for a Condition Reporton its physical condition from Bonhams. If you do so, this willbe provided by Bonhams on behalf of the Seller free of charge.Bonhams is not entering into a contract with you in respectof the Condition Report and accordingly does not assumeresponsibility to you in respect of it. Nor does the Seller owe oragree to owe you as a Bidder any obligation or duty in respectof this free report about a Lot, which is available for your owninspection or for inspection by an expert instructed by you.However, any written description of the physical condition ofthe Lot contained in a Condition Report will form part of theContractual Description of the Lot under which it is sold to anyBuyer.The Seller’s responsibility to youThe Seller does not make or agree to make any representationof fact or contractual promise, guarantee or warranty andundertakes no obligation or duty, whether in contract or intort (other than to the eventual Buyer as set out above), inrespect of the accuracy or completeness of any statementor representation made by him or on his behalf, which is inany way descriptive of any Lot or as to the anticipated orlikely selling price of any Lot. Other than as set out above, nostatement or representation in any way descriptive of a Lot orany Estimate is incorporated into any Contract for Sale betweena Seller and a Buyer.Bonhams’ responsibility to youYou have the opportunity of examining the Lot if you want toand the Contract for Sale for a Lot is with the Seller and notwith Bonhams; Bonhams acts as the Seller’s agent only (unlessBonhams sells the Lot as principal).Bonhams undertakes no obligation to you to examine,investigate or carry out any tests, either in sufficient depth or atall, on each Lot to establish the accuracy or otherwise of anydescriptions or opinions given by Bonhams, or by any personon Bonhams’ behalf, whether in the Catalogue or elsewhere.You should not suppose that such examinations, investigationsor tests have occurred.Bonhams does not make or agree to make any representationof fact, and undertakes no obligation or duty (whether incontract or tort) in respect of the accuracy or completenessof any statement or representation made by Bonhams or onBonhams’ behalf which is in any way descriptive of any Lot oras to the anticipated or likely selling price of any Lot.No statement or representation by Bonhams or on its behalf inany way descriptive of any Lot or any Estimate is incorporatedinto our Buyer’s Agreement.AlterationsDescriptions and Estimates may be amended at Bonhams’discretion from time to time by notice given orally or in writingbefore or during a Sale.THE LOT IS AVAILABLE FOR INSPECTION AND YOU MUSTFORM YOUR OWN OPINION IN RELATION TO IT. YOU ARESTRONGLY ADVISED TO EXAMINE ANY LOT OR HAVE ITEXAMINED ON YOUR BEHALF BEFORE THE SALE.4. CONDUCT OF THE SALEOur Sales are public auctions which persons may attend andyou should take the opportunity to do so. We do reserve theright at our sole discretion to refuse admission to our premisesor to any Sale without stating a reason. We have completediscretion as to whether the Sale proceeds, whether any Lot isincluded in the Sale, the manner in which the Sale is conductedand we may offer Lots for sale in any order we choosenotwithstanding the numbers given to Lots in the Catalogue.You should therefore check the date and starting time of theSale, whether there have been any withdrawals or late entries.Remember that withdrawals and late entries may affect thetime at which a Lot you are interested in is put up for Sale. Wehave complete discretion to refuse any bid, to nominate anybidding increment we consider appropriate, to divide any Lot,to combine two or more Lots, to withdraw any Lot from a Saleand, in the case of dispute, to put up any Lot for auction again.Auction speeds can exceed 100 Lots to the hour and biddingincrements are generally about 10%. However these do varyfrom Sale to Sale and from Auctioneer to Auctioneer. Pleasecheck with the department organising the Sale for adviceon this.Where a Reserve has been applied to a Lot, the Auctioneermay, in his absolute discretion, place bids (up to an amount notequalling or exceeding such Reserve) on behalf of the Seller.We are not responsible to you in respect of the presence orabsence of any Reserve in respect of any Lot. If there is aReserve it will normally be no higher than the lower figure forany Estimate in the Catalogue, assuming that the currency ofthe Reserve has not fluctuated adversely against the currencyof the Estimate. The Buyer will be the Bidder who makes thehighest bid acceptable to the Auctioneer for any Lot (subjectto any applicable Reserve) to whom the Lot is knocked downby the Auctioneer at the fall of the Auctioneer’s hammer. Anydispute as to the highest acceptable bid will be settled by theAuctioneer in his absolute discretion. All bids tendered willrelate to the actual Lot number announced by the Auctioneer.An electronic currency converter may be used at the Sale. Thisequipment is provided as a general guide as to the equivalentamount in certain currencies of a given bid. We do not acceptany responsibility for any errors which may occur in the useof the currency converter. We may use video cameras torecord the Sale and may record telephone calls for reasons ofsecurity and to assist in solving any disputes which may arise inrelation to bids made at the Sale. At some Sales, for example,jewellery Sales, we may use screens on which images of theLots will be projected. This service is provided to assist viewingat the Sale. The image on the screen should be treated as anindication only of the current Lot. It should be noted that all bidstendered will relate to the actual Lot number announced by theAuctioneer. We do not accept any responsibility for any errorswhich may occur in the use of the screen.5. BIDDINGWe do not accept bids from any person who has notcompleted and delivered to us one of our Bidding Forms,either our Bidder Registration Form, Absentee Bidding Formor Telephone Bidding Form. You will be asked for proof ofidentity, residence, financial details and references, which, whenasked for, you must supply if your bids are to be acceptedby us. Please bring your passport, driving license (or similarphotographic proof of identity) and a debit card. We mayrequest a deposit from you before allowing you to bid. We mayrefuse entry to a Sale to any person even if that person hascompleted a Bidding Form.Bidding in personYou should come to our Bidder registration desk at the Salevenue and fill out a Bidder Registration Form on (or, if possible,before) the day of the Sale. The bidding number system issometimes referred to as “paddle bidding”. You will be issuedwith a large card (a “paddle”) with a printed number on it. Thiswill be attributed to you for the purposes of the Sale. Shouldyou be a successful Bidder you will need to ensure that yournumber can be clearly seen by the Auctioneer and that it isyour number which is identified as the Buyer’s. You should notlet anyone else use your paddle as all Lots will be invoiced tothe name and address given on your Bidder Registration Form.Once an invoice is issued it will not be changed. If there isany doubt as to the Hammer Price of, or whether you are thesuccessful Bidder of, a particular Lot, you must draw this tothe attention of the Auctioneer before the next Lot is offered forSale. At the end of the Sale, or when you have finished biddingplease return your paddle to the Bidder registration desk.Bidding by telephone (only available on lots with a lowestimate greater than AU$1,000). If you wish to bid at theSale by telephone, please complete a Telephone Bidding Form,which is available from our offices or in the Catalogue. Pleasethen return it to the office responsible for the Sale at least 24hours in advance of the Sale. It is your responsibility to checkwith our Bids Office that your bid has been received.Telephone calls will be recorded. The telephone bidding facilityis a discretionary service and may not be available in relation toall Lots. We will not be responsible for bidding on your behalfif you are unavailable at the time of the Sale or if the telephoneconnection is interrupted during bidding. Please contact us forfurther details.AUS/NOB/MAIN/V1/9.2022Bidding by post or faxAbsentee Bidding Forms can be found in the back of thisCatalogue and should be completed and sent to the officeresponsible for the Sale. It is in your interests to return yourform as soon as possible, as if two or more Bidders submitidentical bids for a Lot, the first bid received takes preference.In any event, all bids should be received at least 24 hoursbefore the start of the Sale. Please check your AbsenteeBidding Form carefully before returning it to us, fully completedand signed by you. It is your responsibility to check with ourBids Office that your bid has been received. This additionalservice is complimentary and is confidential. Such bids aremade at your own risk and we cannot accept liability for ourfailure to receive and/or place any such bids and you areresponsible for checking with us that we have received thebid. All bids made on your behalf will be made at the lowestlevel possible subject to Reserves and other bids made forthe Lot. Where appropriate your bids will be rounded down tothe nearest amount consistent with the Auctioneer’s biddingincrements. New Bidders must also provide proof of identitywhen submitting bids. Failure to do this may result in your bidnot being placed.Bidding onlineIn order to bid online in a Sale, you must be 18 or over and youmust register to bid via the Bonhams App or www.bonhams.com. Once you have registered, you should keep your accountdetails strictly confidential and not permit any third party toaccess your account on your behalf or otherwise. You will beliable for any and all bids made via your account. Please notepayment must be made from a bank account in the name ofthe registered bidder.Individuals: Enter your full name, email, residential address, dateof birth and nationality and provide a valid credit card in yourname which will be verified via Stripe before you are able to bid.If your credit card fails verification, you will not be permitted tobid and you should contact Client Services for assistance. Wemay in addition request a financial reference and/or depositfrom you prior to letting you bid. If you are bidding as agenton behalf of another party, you agree: (i) to disclose this fact toClient Services; (ii) to provide such information as we requireto enable us to complete our identification and anti-moneylaundering checks on that third party; and (ii) where your bidis successful, you are jointly and severally liable with thatother party for the full amounts owing for the successful bid.Where you are the successful bidder for any lot with a hammerprice equal to or in excess of £5,000/$10,000/HKD50,000/AUS$10,000 depending on the jurisdiction and currency of theSale, and if you have not provided such documents previously,you will be required to upload or provide to Client Services yourGovernment issued photo ID and (if not on the ID) proof of youraddress before the lot can be released to you. We reserve theright to request ID documentation from any bidder or successfulbuyer regardless of these thresholds and to refuse to releaseany purchased lot until such documentation is provided.Companies: You must select the option to set up a businessaccount and then provide your full name, email, residentialaddress, date of birth and the full name of the company. Youmust provide a credit card for verification either in your nameor the name of the company but payment must be madefrom an account in the company’s name. If your credit cardfails verification, you will not be permitted to bid and pleasecontact Client Services for assistance. We may in additionrequire a bank reference or deposit prior to letting you bid.For all successful bids, we require the company’s Certificateof Incorporation or equivalent documentation confirming thecompany’s name and registered address, documentary proofof each beneficial owner owning 25% or more of the company,and proof of your authority to transact before the lot can bereleased to you.We reserve the right to request any further information fromany bidder that we may require in order to carry out anyidentification, anti-money laundering or anti-terrorism financingchecks conducted by us. We may at our discretion postponeor cancel your registration, not permit you to bid and/orpostpone or cancel completion of any purchase you may make.Bidding through an agentBids will be accepted as placed on behalf of the person namedas the principal on the Bidding Form although we may refuseto accept bids from an agent on behalf of a principal andmay require written confirmation from the principal confirmingthe agent’s authority to bid. Nevertheless, as the BiddingForm explains, any person placing a bid as agent on behalfof another (whether or not he has disclosed that fact or theidentity of his principal) will be jointly and severally liable withthe principal to the Seller and to Bonhams under any contractresulting from the acceptance of a bid. Subject to the above,please let us know if you are acting on behalf of another personwhen bidding for Lots at the Sale.Equally, please let us know if you intend to nominate anotherperson to bid on your behalf at the Sale unless this is to becarried out by us pursuant to a Telephone or Absentee BiddingForm that you have completed. If we do not approve theagency arrangements in writing before the Sale, we are entitledto assume that the person bidding at the Sale is bidding onhis own behalf. Accordingly, the person bidding at the Sale willbe the Buyer and will be liable to pay the Hammer Price andBuyer’s Premium and associated charges. If we approve theidentity of your client in advance, we will be in a position toaddress the invoice to your principal rather than you. We willrequire proof of the agent’s client’s identity and residence inadvance of any bids made by the agent on his behalf. Pleaserefer to our Conditions of Business and contact our CustomerServices Department for further details.6. CONTRACTS BETWEEN THE BUYER AND SELLER ANDTHE BUYER AND BONHAMSOn the Lot being knocked down to the Buyer, a Contract forSale of the Lot will be entered into between the Seller and theBuyer on the terms of the Contract for Sale set out in Appendix1 at the back of the Catalogue. You will be liable to pay thePurchase Price, which is the Hammer Price. At the sametime, a separate contract is also entered into between us asauctioneers and the Buyer. This is our Buyer’s Agreement, theterms of which are set out in Appendix 2 at the back of theCatalogue. Please read the terms of the Contract for Sale andour Buyer’s Agreement contained in the Catalogue in case youare the successful Bidder. We may change the terms of eitheror both of these agreements in advance of their being enteredinto, by setting out different terms in the Catalogue and/or byplacing an insert in the Catalogue and/or by notices at the Salevenue and/or by oral announcements before and during theSale. You should be alert to this possibility of changes and askif there have been any.7. BUYER’S PREMIUM AND OTHER CHARGES PAYABLEBY THE BUYERUnder the Buyer’s Agreement, a premium (the Buyer’s Premium)is payable to us by the Buyer in accordance with the terms ofthe Buyer’s Agreement and at rates set out below, calculatedby reference to the Hammer Price and payable in addition to it.Storage charges and Expenses are also payable by the Buyeras set out in the Buyer’s Agreement. All the sums payable tous by the Buyer are subject to GST. For this Sale the followingrates 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 be15% on the first AU$100,000 and 10% thereafter.8. GSTThe prevailing rate of GST at the time of going to press is 10%but this is subject to government change and the rate payablewill 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 notapply to the sale of the Lot. You should discuss the positionfurther with us.For a list of lots consigned by GST registered entities pleaseconsult a specialist.GST at the prevailing rate will be added to Buyer’s Premiumwhich will be invoiced on a GST inclusive basis.9. PAYMENTIt is of critical importance that you ensure that you have readilyavailable funds to pay the Purchase Price and the Buyer’sPremium (plus GST and any other charges and Expenses to us)in full before making a bid for the Lot. If you are a successfulBidder, payment will be due to us by 4.30 pm on the secondworking day after the Sale so that all sums are cleared by theseventh working day after the Sale. Unless agreed by us inadvance payments made by anyone other than the registeredBuyer will not be accepted. Payment will have to be by one ofthe following methods (all cheques should be made payable toBonhams 1793 Limited).Australian Dollar personal cheque drawn on an Australianbank: all cheques must be cleared before you can collect yourpurchases;Bank cheque: if you can provide suitable proof of identity andwe are satisfied as to the genuineness of the cheque, we willallow you to collect your purchases immediately;Cash: you may pay for Lots purchased by you at this Sale withnotes or coins in the currency in which the Sale is conducted(but not any other currency) provided that the total amountpayable by you in respect of all Lots purchased by you atthe Sale does not exceed AU$8,000, or the equivalent in thecurrency in which the Sale is conducted, at the time whenpayment is made. If the amount payable by you for Lotsexceeds that sum, the balance must be paid otherwise than incoins or notesBank transfer: you may electronically transfer funds to ourTrust Account. If you do so, please quote your paddle numberand invoice number as the reference. Our Trust Account detailsare as follows:Bank: HSBC Bank Australia LtdAddress: 28 Bridge StreetSydneyNSW 2000Account Name: Bonhams 1793 Ltd Au - Client ACAccount Number: 078193002BSB: 342011SWIFT code: HKBAAU2SIf paying by bank transfer, the amount received after thededuction of any bank fees and/or conversion of the currencyof payment to pounds sterling must not be less than theAustralian Dollar amount payable, as set out on the invoice.All payments must be cleared before you can collectyour purchases.Payments can be made by BPAY. Please contact yourparticipating bank, credit union or building society to makepayment directly from your cheque or savings account. Enterthe Biller Code 17723 and BPAY reference number as detailedon your invoice.EFTPOS cards issued by an Australian bank: there is noadditional charge for purchases made with EFTPOS cards.EFTPOS cards issued by an overseas bank, deferred andcompany debit cards will be subject to a 1.65% surcharge.10. COLLECTION AND STORAGEThe Buyer of a Lot will not be allowed to collect it until paymentin full and in cleared funds has been made (unless we havemade a special arrangement with the Buyer). For collection andremoval of purchased Lots, please refer to Sale Information atthe front of the catalogue. Our offices are open 9.00am - 5pmMonday to Friday. Details relating to the collection of a Lot, thestorage of a Lot and our Storage Contractor after the Sale areset out at the end of this Notice to Bidders.11. SHIPPINGPlease refer all enquiries to our shipping departmentinfo.au@bonhams.com12. EXPORT/TRADE RESTRICTIONSIt is your sole responsibility to comply with all export and importregulations relating to your purchases and also to obtain anyrelevant export and/or import licence(s).The need for import licences varies from country to country andyou should acquaint yourself with all relevant local requirementsand provisions.Lots may be subject to special regulations based on theirnature. 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 regulatedby the Protection of Moveable Cultural Heritage Act 1986 (Cth).If you purchase, or plan to purchase, a Lot that may be subjectto this Act, you should acquaint yourself with the impact ofthe Act on your purchase. Under this Act, some objects maybe not be able to be exported, whilst others will not be able tobe exported without permission. For more information on theAct: seewww.arts.gov.au/movable.The refusal of any import or export licence(s), any delay inobtaining such licence(s), or any limitation on your ability toexport a Lot shall not permit the rescission of any sale nor allowany delay in making full payment for the Lot.Generally, please contact our shipping department before theSale if you require assistance in relation to export regulations.13. CITES REGULATIONSPlease be aware that all Lots marked with the symbol Y aresubject to CITES regulations when exporting these items,which may, for example, include objects of ivory, tortoiseshelland other wildlife items outside Australia. Information aboutthese regulations may be found at www.environment.gov.au/biodiversity/trade - use/cites/index.html or may be requestedfrom:The DirectorInternational Wildlife TradeDepartment of the Environment, Water, Heritage and the ArtsGPO Box 787Canberra ACT 2601Please note, any lot containing elephant ivory cannot beimported into the USA or any country within the EU.14. THE SELLERS AND/OR BONHAMS’ LIABILITYOther than any liability of the Seller to the Buyer of a Lot underthe Contract for Sale, and to the extent permitted by law,neither we nor the Seller are liable (whether in negligence orotherwise) for any error or misdescription or omission in anyDescription of a Lot or any Estimate in respect of it, whethercontained in the Catalogue or otherwise, whether given orallyor in writing and whether given before or during the Sale. Tothe extent permitted by law, neither we nor the Seller will beliable for any loss of Business, profits, revenue or income, orfor loss of reputation, or for disruption to Business or wastedtime on the part of management or staff, or for indirect lossesor consequential damages of any kind, irrespective in any caseof the nature, volume or source of the loss or damage allegedto be suffered, and irrespective of whether the said loss ordamage 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 inAUS/NOB/MAIN/V1/9.2022relation to any Lot or any Description or Estimate made of anyLot, or the conduct of any Sale in relation to any Lot, whether indamages, for an indemnity or contribution, or for a restitutionaryremedy or otherwise, our and/or the Seller’s liability (combined,if both we and the Seller are liable) will be limited to payment ofa sum which will not exceed by way of maximum the amountof the Purchase Price of the Lot irrespective in any case of thenature, volume or source of any loss or damage alleged to besuffered or sum claimed as due, and irrespective of whetherthe liability arises from any negligence, other tort, breach ofcontract (if any) or statutory duty or otherwise. Nothing set outabove will be construed as excluding or restricting (whetherdirectly or indirectly) our liability or excluding or restricting anyperson’s rights or remedies in respect of (i) fraud, or (ii) death orpersonal injury caused by our negligence (or by the negligenceof any person under our control or for whom we are legallyresponsible), or (iii) any other liability to the extent the samemay not be excluded or restricted as a matter of law or (iv) ourundertakings under paragraphs 9 (in relation to specialist Stampor Book Sales only) and 10 of the Buyer’s Agreement. The sameapplies in respect of the Seller, as if references to us in thisparagraph were substituted with references to the Seller.15. BOOKSAs stated above, all Lots are sold on an “as is” basis, subjectto all faults, imperfections and errors of description save asset out below. However, you will be entitled to reject a Bookin the circumstances set out in paragraph 10 of the BuyersAgreement .16. CLOCKS AND WATCHESAll Lots are sold “as is”, and the absence of any reference tothe condition of a clock or watch does not imply that the Lot isin good condition and without defects, repairs or restorations.Most clocks and watches have been repaired in the course oftheir normal lifetime and may now incorporate parts not originalto them. Furthermore, Bonhams makes no representation orwarranty that any clock or watch is in working order. As clocksand watches often contain fine and complex mechanisms,Bidders should be aware that a general service, change ofbattery or further repair work, for which the Buyer is solelyresponsible, may be necessary. Bidders should be awarethat the importation of watches such as Rolex, Frank Mullerand Corum into the United States is highly restricted. Thesewatches may not be shipped to the USA and can onlybe imported personally.17. FURNITUREUpholstered FurnitureWhilst we take every care in cataloguing furniture which hasbeen upholstered we offer no guarantee as to the originalityof the wood covered by fabric or upholstery.18. JEWELLERYGemstonesHistorically many gemstones have been subjected to a varietyof treatments to enhance their appearance. Sapphires andrubies are routinely heat treated to improve their colour andclarity, similarly emeralds are frequently treated with oils or resinfor 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 needspecial care or re - treatment over the years to retain theirappearance. Bidders should be aware that Estimates assumethat gemstones may have been subjected to such treatments.A number of laboratories issue certificates that give moredetailed descriptions of gemstones. However there may notbe consensus between different laboratories on the degrees,or types of treatment for any particular gemstone. In the eventthat Bonhams has been given or has obtained certificatesfor any Lot in the Sale these certificates will be disclosed inthe Catalogue. Although, as a matter of policy, Bonhamsendeavours to provide certificates from recognised laboratoriesfor certain gemstones, it is not feasible to obtain certificatesfor each Lot. In the event that no certificate is published in theCatalogue, Bidders should assume that the gemstones mayhave been treated. Neither Bonhams nor the Seller acceptsany liability for contradictions or differing certificates obtained byBuyers on any Lots subsequent to the Sale.In so far that it is reasonably practicable, Descriptionsof jewellery will conform to the guidelines set out by theInternational Jewellery Confederation, CIBJO, a copy of theBlue Book detailing their guidelines is available to Bidders.Please contact our jewellery department if you wish to view it.Estimated WeightsIf a stone(s) weight appears within the body of the Description incapital letters, the stone(s) has been unmounted and weighedby Bonhams. If the weight of the stone(s) is stated to beapproximate and does not appear in capital letters, the stone(s)has been assessed by us within its/their settings, and the statedweight is a statement of our opinion only. This information isgiven as a guide and Bidders should satisfy themselves withregard to this information as to its accuracy.Signatures1. A diamond brooch, by KutchinskyWhen the maker’s name appears in the title, in Bonhams’opinion the piece is by that maker.2. A diamond brooch, signed KutchinskyHas a signature that, in Bonhams’ opinion, is authentic but maycontain gemstones that are not original, or the piece may havebeen altered.3. A diamond brooch, mounted by KutchinskyHas been created by the jeweller, In Bonhams’ opinion, butusing 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 theartist, but less certainty to authorship is expressed than in thepreceding category.‘Signed and/or titled and/or dated and/or inscribed’: in ouropinion the signature and/or title and/or date and/or inscriptionare in the artist’s hand.‘Signed and/or titled and/or dated and/or inscribed in anotherhand’: 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 nofurther date is given, this indicates that the photographic printis vintage (the term ‘vintage’ may also be included in the lotdescription). A vintage photograph is one which was madewithin approximately 5 - 10 years of the negative. Where asecond, later date appears, this refers to the date of printing.Where the exact printing date is not known, but understood tobe later, ‘printed later’ will appear in the lot description.Unless otherwise specified, dimensions given are those of thepiece of paper on which the image is printed, including anymargins. Some photographs may appear in the cataloguewithout margins illustrated.All photographs are sold unframed unless stated in the lotdescription.20. PICTURESExplanation of Catalogue TermsThe following terms used in the Catalogue have the followingmeanings but are subject to the general provisions relating toDescriptions contained in the Contract for Sale:• “Jacopo Bassano”: in our opinion a work by the artist. Whenthe artist’s forename(s) is not known, a series of asterisks,followed by the surname of the artist, whether preceded byan initial or not, indicates that in our opinion the work is by theartist named;• “Attributed to Jacopo Bassano”: in our opinion probablya work by the artist but less certainty as to authorship isexpressed than in the preceding category;• “Studio/Workshop of Jacopo Bassano”: in our opinion a workby an unknown hand in a studio of the artist which may or mayhave been executed under the artist’s direction;• “Circle of Jacopo Bassano”: in our opinion a work by a handclosely associated with a named artist but not necessarily his pupil;• “Follower of Jacopo Bassano”: in our opinion a work by apainter working in the artist’s style, contemporary or nearlycontemporary, but not necessarily his pupil;• “Manner of Jacopo Bassano”: in our opinion a work in thestyle of the artist and of a later date;• “After Jacopo Bassano”: in our opinion, a copy of a knownwork of the artist;• “Signed and/or dated and/or inscribed”: in our opinion thesignature and/or date and/or inscription are in the artist’s hand;• “Bears a signature and/or date and/or inscription”: in ouropinion the signature and/or date and/or inscription have beenadded by another hand.21. PORCELAINDamage and RestorationFor your guidance, in our Catalogues we detail, as far aspracticable, recorded all significant defects, cracks andrestoration. Such practicable descriptions of damage cannotbe definitive, and in providing Condition Reports, we cannotguarantee that there are no other defects present which havenot been mentioned. Bidders should satisfy themselves byinspection, as to the condition of each Lot. Please see theContract for Sale printed in this Catalogue. Because of thedifficulty in determining whether an item of glass has beenrepolished, in our Catalogues reference is only made to visiblechips and cracks. No mention is made of repolishing, severeor otherwise.22. IMPORTANT NOTICEReaders of this catalogue should be aware that some of theillustrated works of art may contain images of a sacred and/or secret nature. It is suggested that art centre managers inAboriginal communities vet the illustrations with the appropriatelocal elders before distributing this catalogue in the community.Every effort has been made to use current orthographiesfor Indigenous words, names of artists and people, titles ofworks, places, ancestral beings and so on, however someinconsistencies may result from a lack of current documentationor from local variations of the spellings of similar or identicalwords.AUS/NOB/MAIN/V1/9.2022DATA PROTECTION - USE OF YOUR INFORMATIONAs a result of the services provided by us, we obtain personaldata about you (which expression for the purposes of thisparagraph 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 ourservices and to provide you with information about productsor services that you request from us or which we feel may beof interest to you. Data about you may be analysed to identifyyour potential preferences for these purposes. We may discloseyour data to any member of our group (which means oursubsidiaries, our ultimate holding company and its subsidiariesas defined in section 9 of the Corporations Act 2001, includingany overseas subsidiary). Subject to this, we will not discloseyour data to any third party but we may from time to timeprovide you with information about goods and services providedby third parties which we feel may be of interestto you. Any member of our group may use your data forsimilar purposes.We will keep your data for a period of six years from the date ofyour last contact with us so as to simplify any future registration.The data may be transferred to and stored outside Australia, inparticular the United Kingdom, and you agree to this transfer.Even when information is stored outside Australia, we willcontinue to comply with the National Privacy Principles set out inthe Australian Privacy Act.You have the right to request us not to use your information forthese purposes by contacting Bonhams 1793 Limited at97-99 Queen Street, Woollahra NSW, 2025, Australia orby email at info.aus@bonhams.com.APPENDIX 1CONTRACT FOR SALEIMPORTANT: These terms may be changed in advance of theSale of the Lot to you, by the setting out of different terms inthe Catalogue for the Sale and/or by placing an insert in theCatalogue and/or by notices at the Sale venue and/or by oralannouncements before and during the Sale at the Sale venue.You should be alert to this possibility of changes and ask inadvance of bidding if there have been any.UNDER THIS CONTRACT, THE SELLER’S LIABILITY INRESPECT OF THE QUALITY OF THE LOT, ITS FITNESSFOR ANY PURPOSE AND ITS CONFORMITY WITH ANYDESCRIPTION IS LIMITED. YOU ARE STRONGLY ADVISEDTO EXAMINE THE LOT FOR YOURSELF AND/OR OBTAIN ANINDEPENDENT EXAMINATION OF IT BEFORE YOU BUY IT.1 THE CONTRACT1.1 These terms govern the Contract for Sale ofthe Lot by the Seller to the Buyer.1.2 The Definitions and Glossary contained inAppendix 3 in the Catalogue are incorporated intothis Contract for Sale and a separate copy canalso be provided by Bonhams on request. Wherewords and phrases are used which are in the Listof Definitions, they are printed in italics.1.3 The Seller sells the Lot as the principal to theContract for Sale, such contract being madebetween the Seller and you through Bonhamswhich acts in the sole capacity as the Seller’sagent and not as an additional principal. However,if the Catalogue states that Bonhams sells the Lotas principal, or such a statement is made by anannouncement by the Auctioneer, or by a noticeat the Sale, or an insert in the Catalogue, thenBonhams is the Seller for the purposes of thisagreement.1.4 The contract is made on the fall of theAuctioneer’s hammer in respect of the Lotwhen it is knocked down to you.2 SELLER’S UNDERTAKINGS2.1 The Seller undertakes to you that:2.1.1 the Seller is the owner of the Lot or is dulyauthorised to sell the Lot by the owner;2.1.2 save as disclosed in the Entry for the Lot inthe Catalogue, the Seller sells the Lot with full titleguarantee and free from any encumbrance orcharge or, where the seller is an executor, trustee,liquidator, receiver or administrator, with whateverright, title or interest he may have in the Lot2.1.3 except where the Sale is by an executor, trustee,liquidator, receiver or administrator the Seller isboth legally entitled to sell the Lot, and legallycapable of conferring on you quiet possessionof the Lot;2.1.4 the Seller has complied with all requirements, legalor otherwise, relating to any export or import ofthe Lot, and all duties and taxes in respect of theexport or import of the Lot have (unless statedto the contrary in the Catalogue or announcedby the Auctioneer) been paid and, so far as theSeller is aware, all third parties have compliedwith such requirements in the past;2.1.5 subject to any alterations expressly identified assuch made by announcement or notice at theSale venue or by the Notice to Bidders or by aninsert in the Catalogue, the Lot corresponds withthe Contractual Description of the Lot, being thatpart of the Entry about the Lot in the Cataloguewhich is in bold letters and (except for colour)with any photograph of the Lot in the Catalogueand the contents of any Condition Report whichhas been provided to the Buyer.3 DESCRIPTIONS OF THE LOT3.1 Paragraph 2.1.5 sets out what is the ContractualDescription of the Lot. In particular, the Lotis not sold as corresponding with that part ofthe Entry in the Catalogue which is not printedin bold letters, which merely sets out (on theSeller’s behalf) Bonhams’ opinion (given on areasonable basis and honestly) about the Lot andwhich is not part of the Contractual Descriptionupon which the Lot is sold. Any statement orrepresentation other than that part of the Entryreferred to in paragraph 2.1.5 (together with anyexpress alteration to it as referred to in paragraph2.1.5), including any Description or Estimate,whether made orally or in writing, including inthe Catalogue or on Bonhams’ Website, or byconduct, or otherwise, and whether by or onbehalf of the Seller or Bonhams and whethermade prior to or during the Sale, is not part ofthe Contractual Description upon which the Lot issold.3.2 Except as provided in paragraph 2.1.5, theSeller does not make or give and does notagree to make or give any contractual promise,undertaking, obligation, guarantee, warranty, orrepresentation of fact, or undertake any duty ofcare, in relation to any Description of the Lot orany Estimate in relation to it, nor of the accuracyor completeness of any Description or Estimatewhich may have been made by or on behalfof the Seller including by Bonhams. No suchDescription or Estimate is incorporated into thisContract for Sale.4 FITNESS FOR PURPOSE ANDSATISFACTORY QUALITY4.1 The Seller does not make and does not agreeto make any contractual promise, undertaking,obligation, guarantee, warranty, or representationof fact in relation to the satisfactory quality of theLot or its fitness for any purpose.4.2 The Seller will not be liable for any breach of anyalleged undertaking, as to the satisfactory qualityof the Lot or its fitness for any purpose.5 RISK, PROPERTY AND TITLE5.1 Risk in the Lot passes to you when it is knockeddown to you on the fall of the Auctioneer’shammer in respect of the Lot. The Seller willnot be responsible thereafter for the Lot prior toyou collecting it from Bonhams or the StorageContractor, with whom you have separatecontract(s) as Buyer. You will indemnify the Sellerand keep the Seller fully indemnified from andagainst all claims, proceedings, costs, expensesand losses arising in respect of any injury, lossand damage caused to the Lot after the fall of theAuctioneer’s hammer until you obtain full title to it.5.2 Title to the Lot remains in and is retained by theSeller until the Purchase Price and all other sumspayable by you to Bonhams in relation to the Lothave been paid in full to, and received in clearedfunds by, Bonhams.6 PAYMENT6.1 Your obligation to pay the Purchase Price ariseswhen the Lot is knocked down to you on thefall of the Auctioneer’s hammer in respect ofthe Lot.6.2 Time will be of the essence in relation to paymentof the Purchase Price and all other sums payableby you to Bonhams. Unless agreed in writingwith you by Bonhams on the Seller’s behalf (inwhich case you must comply with the terms ofthat agreement), all such sums must be paid toBonhams by you in the currency in which theSale was conducted by not later than 4.30pmon the second working day following the Saleand you must ensure that the funds are clearedby the seventh working day after the Sale.Payment must be made to Bonhams by oneof the methods stated in the Notice to Biddersunless otherwise agreed with you in writing byBonhams. If you do not pay any sums due inaccordance with this paragraph, the Seller willhave the rights set out in paragraph 8 below.7 GSTIf the Seller is registered or required tobe registered for GST, unless otherwiseindicated, the sale of the Lot will be ataxable supply by the Seller and subjectto GST and GST will be included in theHammer Price.Where the Sale is a taxable supply, Bonhams(on behalf of the Seller) will issue a taxinvoice to you for the sale of the Lot.8 COLLECTION OF THE LOT8.1 Unless otherwise agreed in writing with you byBonhams, the Lot will be released to you or toyour order only when Bonhams has receivedcleared funds to the amount of the full PurchasePrice and all other sums owed by you to theSeller and to Bonhams.8.2 The Seller is entitled to withhold possession fromyou of any other Lot he has sold to you at thesame or at any other Sale and whether currentlyin Bonhams’ possession or not until payment infull and in cleared funds of the Purchase Priceand all other sums due to the Seller and/orBonhams in respect of the Lot.8.3 You will collect and remove the Lot at yourown expense from Bonhams’ custody and/orcontrol or from the Storage Contractor’s custodyin accordance with Bonhams’ instructions orrequirements.8.4 You will be wholly responsible for packing,handling and transport of the Lot on collectionand for complying with all import or exportregulations in connection with the Lot.8.5 You will be wholly responsible for any removal,storage or other charges or expenses incurredby the Seller if you do not remove the Lot inaccordance with this paragraph 8 and willindemnify the Seller against all charges, costs,including any legal costs and fees, expenses andlosses suffered by the Seller by reason of yourfailure to remove the Lot including any chargesdue under any Storage Contract. All such sumsdue to the Seller will be payable on demand.9 FAILURE TO PAY FOR THE LOT9.1 If the Purchase Price for a Lot is not paid toBonhams in full in accordance with the Contractfor Sale the Seller will be entitled, with the priorwritten agreement of Bonhams but withoutfurther notice to you, to exercise one or more ofthe following rights (whether through Bonhams orotherwise):9.1.1 to terminate immediately the Contract for Sale ofthe Lot for your breach of contract;9.1.2 to resell the Lot by auction, private treaty or anyother means on giving seven days’ written noticeto 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 sumdue under the Contract for Sale and/or damagesfor breach of contract;9.1.6 to be paid interest on any monies due (after aswell as before judgement or order) at the annualrate of 5% per annum above the base rate ofAustralia and New Zealand Banking GroupLimited from time to time to be calculated ona daily basis from the date upon which suchmonies become payable until the date of actualpayment;9.1.7 to repossess the Lot (or any part thereof) whichhas not become your property, and for thispurpose (unless the Buyer buys the Lot as aConsumer from the Seller selling in the courseof a Business) you hereby grant an irrevocablelicence to the Seller by himself and to hisservants or agents to enter upon all or any ofyour premises (with or without vehicles) duringnormal Business hours to take possession of theLot or part thereof;9.1.8 to retain possession of any other property sold toyou by the Seller at the Sale or any other auctionor by private treaty until all sums due under theContract for Sale shall have been paid in full incleared funds;9.1.9 to retain possession of, and on three months’written notice to sell, Without Reserve, any ofyour other property in the possession of theSeller and/or of Bonhams (as bailee for the Seller)for any purpose (including, without limitation,other goods sold to you) and to apply any moniesdue to you as a result of such sale in satisfactionor part satisfaction of any amounts owed to theSeller or to Bonhams; and9.1.10 so long as such goods remain in the possessionof the Seller or Bonhams as its bailee, to rescindthe contract for the Sale of any other goods soldto you by the Seller at the Sale or at any otherauction or by private treaty and apply any moniesreceived from you in respect of such goods inpart or full satisfaction of any amounts owed tothe Seller or to Bonhams by you.9.2 You agree to indemnify the Seller against alllegal and other costs of enforcement, all lossesand other expenses and costs (including anymonies payable to Bonhams in order to obtainthe release of the Lot) incurred by the Seller(whether or not court proceedings will have beenissued) as a result of Bonhams taking stepsunder this paragraph 8 on a full indemnity basistogether with interest thereon (after as well asbefore judgement or order) at the rate specifiedin paragraph 8.1.6 from the date upon whichthe Seller becomes liable to pay the same untilpayment by you.9.3 On any resale of the Lot under paragraph 8.1.2,the Seller will account to you in respect of anybalance remaining from any monies received byhim or on his behalf in respect of the Lot, afterthe payment of all sums due to the Seller andto Bonhams, within 28 days of receipt of suchmonies by him or on his behalf.10 THE SELLER’S LIABILITY10.1 The Seller acknowledges that certain laws implyterms, conditions or warranties into contractsfor the supply of goods or services (includingthis agreement) that cannot be excluded. Forexample, for Consumers, purchasing goods atauction (including those under this agreement)come with non - excludable warranties underconsumer protection legislation as to title andquiet possession and that the goods are freefrom encumbrance. The seller also acknowledgesthat certain other laws cannot be excluded.Nothing in paragraphs 9.2 to 9.5 is intended toexclude or restrict:10.1.1 the application of any consumer protectionlegislation; or10.1.2 our liability for fraud or death or persona injurycaused by the Seller’s negligence (or any personunder the Seller’s control or from whom the Selleris legally responsible); or10.1.3 any other liability to the extent that such liabilitymay not be excluded or restricted as a matterof law.10.2 The Seller will not be liable for any injury, loss ordamage caused by the Lot after the fall of theAuctioneer’s hammer in respect of the Lot.10.3 Subject to paragraph 9.3 below, except forbreach of the express undertaking providedin paragraph 2.1.5, the Seller will not be liablefor any breach of any term that the Lot willcorrespond with any Description applied to it byor on behalf of the Seller, whether implied by theTrade Practices Act 1974 or otherwise.10.4 Unless the Seller sells the Lot in the course of aBusiness 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 dutyAUS/NOB/MAIN/V1/9.2022or in restitution or under the Trade PracticesAct 1974, or in any other way) for any lackof conformity with, or inaccuracy, error,misdescription or omission in any Description ofthe Lot or any Entry or Estimate in relation to theLot made by or on behalf of the Seller (whethermade in writing, including in the Catalogue, or onthe Website, or orally, or by conduct or otherwise)and whether made before or after this agreementor prior to or during the Sale;10.4.2 the Seller will not be liable for any loss ofBusiness, Business profits or revenue or incomeor for loss of reputation or for disruption toBusiness or wasted time on the part of the Buyeror of the Buyer’s management or staff or, forany indirect losses or consequential damages ofany kind, irrespective in any case of the nature,volume or source of the loss or damage allegedto be suffered, and irrespective of whether thesaid loss or damage is caused by or claimed inrespect of any negligence, other tort, breach ofcontract, statutory duty, restitutionary claim orotherwise;10.4.3 in any circumstances where the Seller is liable toyou in respect of the Lot, or any act, omission,statement, or representation in respect of it, orthis agreement or its performance, and whether indamages, for an indemnity or contribution or fora restitutionary remedy or in any way whatsoever,the Seller’s liability will be limited to payment of asum which will not exceed by way of maximumthe amount of the Purchase Price of the Lotirrespective in any case of the nature, volumeor source of any loss or damage alleged to besuffered or sum claimed as due, and irrespectiveof whether the liability arises from any negligence,other tort, breach of contract, statutory duty,bailee’s duty, restitutionary claim or otherwise.11 MISCELLANEOUS11.1 You may not assign either the benefit or burdenof the Contract for Sale.11.2 The Seller’s failure or delay in enforcing orexercising any power or right under the Contractfor Sale will not operate or be deemed to operateas a waiver of his rights under it except to theextent of any express waiver given to you inwriting. Any such waiver will not affect the Seller’sability subsequently to enforce any right arisingunder the Contract for Sale.11.3 If either party to the Contract for Sale isprevented from performing that party’s respectiveobligations under the Contract for Sale bycircumstances beyond its reasonable controlor if performance of its obligations would byreason of such circumstances give rise to asignificantly increased financial cost to it, thatparty will not, for so long as such circumstancesprevail, be required to perform such obligations.This paragraph does not apply to the obligationsimposed on you by paragraph 6.11.4 Any notice or other communication to be givenunder the Contract for Sale must be in writingand may be delivered by hand or sent by firstclass post or air mail or fax transmission, if to theSeller, addressed c/o Bonhams at its addressor fax number in the Catalogue (marked for theattention of the Company Secretary), and if toyou to the address or fax number of the Buyergiven in the Bidding Form (unless notice ofany change of address is given in writing). It isthe responsibility of the sender of the notice orcommunication to ensure that it is received in alegible form within any applicable time period.11.5 If any term or any part of any term of the Contractfor Sale is held to be unenforceableor invalid, such unenforceability or invalidity willnot affect the enforceability and validity of theremaining terms or the remainder of therelevant term.11.6 References in the Contract for Sale to Bonhamswill, where appropriate, include reference toBonhams’ officers, employees and agents.11.7 The headings used in the Contract for Saleare for convenience only and will not affect itsinterpretation.11.8 In the Contract for Sale “including” means“including, without limitation”.11.9 References to the singular will include referenceto the plural (and vice versa) and reference to anyone gender will include reference to the othergenders.11.10 Reference to a numbered paragraph is to aparagraph of the Contract for Sale.11.11 Save as expressly provided in paragraph 10.12nothing in the Contract for Sale confers (orpurports to confer) on any person who is nota party to the Contract for Sale any benefitconferred by, or the right to enforce any term of,the Contract for Sale.11.12 Where the Contract for Sale confers an immunityfrom, and/or an exclusion or restriction of, theresponsibility and/or liability of the Seller, it willalso operate in favour and for the benefit ofBonhams, Bonhams’ holding company and thesubsidiaries of such holding company and thesuccessors and assigns of Bonhams and of suchcompanies and of any officer, employee andagent of Bonhams and such companies, eachof whom will be entitled to rely on the relevantimmunity and/or exclusion and/or restriction (andBonhams enters into this agreement on trust foreach such person).12 GOVERNING LAW & DISPUTE RESOLUTION12.1 LawAll transactions to which the Contract forSale applies and all connected matters will begoverned by and construed in accordance withthe laws of that state or territory of Australiawhere the Sale takes place and (except asprovided in paragraph 11.2) the Seller and youeach submit to the exclusive jurisdiction of thecourts of that state or territory of Australia, savethat the Seller may bring proceedings against youin any other court of competent jurisdiction tothe extent permitted by the laws of the relevantjurisdiction.12.2 Dispute ResolutionUnless the Buyer buys the Lot as a Consumerfrom 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 ofthe Lot, or the conformity of the Lot with anyDescription, or whether the Lot is or is nota Forgery shall be referred, if so required byBonhams, to an expert or a panel of up to threeexperts appointed, in the absence of agreementamong the Seller, you and (if applicable)Bonhams, by the professional body mostappropriate in Bonhams’ opinion to advise uponthe subject matter of the dispute in question or,in the absence of such a professional body, bythe President of The Law Society of New SouthWales from time to time;12.2.2 such experts appointed in accordance withparagraph 11.2.1 will act as experts and not asarbitrators and their decision will be final andbinding on the relevant parties;12.2.3 any other dispute relating to or arising out ofthe sale of the Lot or this agreement shall befinally resolved, if so required by Bonhams, byarbitration, under the UNCITRAL arbitrationrules in force at the date of the reference to thearbitration, and the tribunal for such arbitrationwill consist of a single arbitrator appointed, in theabsence of agreement between the Seller, youand (if applicable) Bonhams, by the President ofThe Law Society of New South Wales from timeto time. The arbitration will take place in Sydneyand all proceedings (whetheroral or written) will be conducted in theEnglish language;12.2.4 all costs and fees incurred in connection withthe resolution of a dispute in accordance withparagraph 11.2 will be borne by the Seller andBuyer in such manner as the expert(s) or thearbitrator, as the case may be, determines.APPENDIX 2BUYER’S AGREEMENTIMPORTANT: These terms may be changed inadvance of the sale of the Lot to you, by thesetting out of different terms in the Cataloguefor the Sale and/or by placing an insert in theCatalogue and/or by notices at the Sale venueand/or by oral announcements before and duringthe Sale at the Sale venue. You should be alertto this possibility of changes and ask in advanceof bidding if there have been any.1 THE CONTRACT1.1 These terms govern the contract betweenBonhams personally and the Buyer, being theperson to whom a Lot has been knocked downby the Auctioneer.1.2 The Definitions and Glossary contained inAppendix 3 to the Catalogue for the Sale areincorporated into this agreement and a separatecopy can also be provided by us on request.Where words and phrases which are defined inthe List of Definitions are used in this agreement,they are printed in italics. Reference is madein this agreement to information printed in theNotice to Bidders, printed at the beginning ofthe Catalogue for the Sale, and where suchinformation is referred to it is incorporated intothis agreement.1.3 The Contract for Sale of the Lot between you andthe Seller is made on the fall of the Auctioneer’shammer in respect of the Lot, when it is knockeddown to you. At that moment a separate contractis also made between you and Bonhams on theterms in this Buyer’s Agreement.1.4 We act as agents for the Seller and are notanswerable or personally responsible to you forany breach of contract or other default by theSeller, unless Bonhams sells the Lot as principal.1.5 Our personal obligations to you are governedby this agreement and we agree, subject to theterms below, to the following obligations:1.5.1 we will, until the date and time specified in theNotice 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 refuseto release the Lot to you, we will release the Lotto you in accordance with paragraph 4 once youhave paid to us, in cleared funds, everything dueto 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 agreeto make or give any contractual promise,undertaking, obligation, guarantee, warranty,representation of fact in relation to anyDescription of the Lot or any Estimate in relationto it, nor of the accuracy or completeness of anyDescription or Estimate which may have beenmade by us or on our behalf or by or on behalfof the Seller (whether made orally or in writing,including in the Catalogue or on Bonhams’Website, or by conduct, or otherwise), andwhether made before or after this agreement orprior to or during the Sale. No such Descriptionor Estimate is incorporated into this agreementbetween you and us. Any such Description orEstimate, if made by us or on our behalf, is givenon a reasonable basis and honestly and (unlessBonhams itself sells the Lot as principal) madeas agent on behalf of the Seller.2 PERFORMANCE OF THE CONTRACT FORSALEYou undertake to us personally that you willobserve and comply with all your obligations andundertakings to the Seller under the Contract forSale in respect of the Lot.3 PAYMENT3.1 Unless agreed in writing between you and us oras otherwise set out in the Notice to Bidders, youmust pay to us by not later than 4.30pm on thesecond 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 ratesset out in the Notice to Bidders, and3.1.3 if the Lot is marked [AR], an Additional Premiumwhich is calculated and payable in accordancewith the Notice to Bidders together with GST onthat sum if applicable so that all sums due to usare cleared funds by the seventh working dayafter the Sale.3.2 You must also pay us on demand any Expensespayable pursuant to this agreement.3.3 All payments to us must be made in the currencyAUS/NOB/MAIN/V1/9.2022in which the Sale was conducted, using, unlessotherwise agreed by us in writing, one of themethods of payment set out in the Notice toBidders. Our invoices will only be addressed tothe registered Bidder unless the Bidder is actingas an agent for a named principal and we haveapproved that arrangement, in which case we willaddress the invoice to the principal.3.4 If GST is or will be payable on a supply ofservices made by us to you under or inconnection with this agreement, where the sumspayable are not expressly stated to include GST,the sums otherwise payable are increased by theamount of GST and you must make payment ofthe increase at the same time as you must paythe other sums due.3.5 We may deduct and retain for our own benefitfrom the monies paid by you to us the Buyer’sPremium, the Commission payable by the Sellerin respect of the Lot, any Expenses and GST andany interest earned and/or incurred until paymentto the Seller.3.6 Time will be of the essence in relation to anypayment payable to us. If you do not pay thePurchase Price, or any other sum due to us inaccordance with this paragraph 3, we will havethe rights set out in paragraph 7 below.3.7 Where a number of Lots have been knockeddown to you, any monies we receive from you willbe applied firstly pro - rata to pay the PurchasePrice of each Lot and secondly pro - rata to payall amounts due to Bonhams.4 COLLECTION OF THE LOT4.1 Subject to any power of the Seller or us to refuseto release the Lot to you, once you have paid tous, in cleared funds, everything due to the Sellerand to us, we will release the Lot to you or asyou may direct us in writing. The Lot will onlybe released on production of a stamped, paidinvoice, obtained from our cashier’s office.4.2 You must collect and remove the Lot at your ownexpense by the date and time specified in theNotice to Bidders, or if no date is specified, by4.30pm on the seventh day after the Sale.4.3 For the period referred to in paragraph 4.2, theLot can be collected from the address referredto in the Notice to Bidders for collection on thedays and times specified in the Notice to Bidders.Thereafter, the Lot may be removed elsewherefor storage and you must enquire from us as towhen and where you can collect it, although thisinformation will usually be set out in the Notice toBidders.4.4 If you have not collected the Lot by the datespecified in the Notice to Bidders, you authoriseus, acting as your agent and on your behalf, toenter into a contract (the “Storage Contract”)with a Storage Contractor for the storage ofthe Lot on the then current standard terms andconditions agreed between Bonhams and theStorage Contractor (copies of which are availableon request). If the Lot is stored at our premisesstorage fees at our current daily rates (currently aminimum of AU$5.50 inclusive of GST per Lot perday) will be payable from the expiry of the periodreferred to in paragraph 4.2. These storage feesform part of our Expenses.4.5 Until you have paid the Purchase Price and anyExpenses in full the Lot will either be held by usas agent on behalf of the Seller or held by theStorage Contractor as agent on behalf of theSeller and ourselves on the terms contained inthe Storage Contract.4.6 You undertake to comply with the terms of anyStorage Contract and in particular to pay thecharges (and all costs of moving the Lot intostorage) due under any Storage Contract. Youacknowledge and agree that you will not be ableto collect the Lot from the Storage Contractor’spremises until you have paid the Purchase Price,any Expenses and all charges due under theStorage Contract.4.7 You will be wholly responsible for packing,handling and transport of the Lot on collectionand for complying with all import or exportregulations in connection with the Lot.4.8 You will be wholly responsible for any removal,storage, or other charges for any Lot notremoved in accordance with paragraph 4.2,payable at our current rates, and any Expenseswe incur (including any charges due under theStorage Contract), all of which must be paidby you on demand and in any event before anycollection of the Lot by you or on your behalf.5 STORING THE LOTWe agree to store the Lot until the earlier of yourremoval of the Lot or until the time and dateset out in the Notice to Bidders (or if no date isspecified, by 4.30pm on the seventh day after theSale) and, subject to paragraphs 6 and 10, to beresponsible as bailee to you for damage to or theloss or destruction of the Lot (notwithstandingthat it is not your property before payment ofthe Purchase Price). If you do not collect the Lotbefore the time and date set out in the Notice toBidders (or if no date is specified, by 4.30pm onthe seventh day after the Sale) we may removethe Lot to another location, the details of whichwill usually be set out in the Notice to Bidders. Ifyou have not paid for the Lot in accordance withparagraph 3, and the Lot is moved to any thirdparty’s premises, the Lot will be held by such thirdparty strictly to Bonhams’ order and we will retainour lien over the Lot until we have been paid in fullin accordance with paragraph 3.6 RESPONSIBILITY FOR THE LOT6.1 Only on the payment of the Purchase Price to uswill title in the Lot pass to you. However under theContract for Sale, the risk in the Lot passed toyou when it was knocked down to you.6.2 You are advised to obtain insurance in respect ofthe Lot as soon as possible after the Sale.7 FAILURE TO PAY OR TO REMOVE THE LOTAND PART PAYMENTS7.1 If all sums payable to us are not so paid in fullat the time they are due and/or the Lot is notremoved in accordance with this agreement,we will without further notice to you be entitledto exercise one or more of the following rights(without prejudice to any rights we may exerciseon 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 paymentof any sums payable to us by you (including thePurchase Price) and/or damages for breach ofcontract;7.1.5 to be paid interest on any monies due to us(after as well as before judgement or order) atthe annual rate of 5% per annum above the baselending rate of National Westminster Bank Plcfrom time to time to be calculated on a daily basisfrom the date upon which such monies becomepayable until the date ofactual payment;7.1.6 to repossess the Lot (or any part thereof) whichhas not become your property, and for thispurpose (unless you buy the Lot as a Consumer)you hereby grant an irrevocable licence to us,by ourselves, our servants or agents, to enterupon all or any of your premises (with or withoutvehicles) during normal business hours to takepossession of any Lot or part thereof;7.1.7 to sell the Lot Without Reserve by auction, privatetreaty or any other means on giving you threemonths’ written notice of our intention to do so;7.1.8 to retain possession of any of your other propertyin our possession for any purpose (including,without limitation, other goods sold to you or withus for sale) until all sums due to us have beenpaid in full;7.1.9 to apply any monies received from you for anypurpose whether at the time of your default or atany time thereafter in payment or part payment ofany sums due to us by you under this agreement;7.1.10 on three months’ written notice to sell, WithoutReserve, any of your other property in ourpossession or under our control for any purpose(including other goods sold to you or with us forsale) and to apply any monies due to you as aresult of such sale in payment or part payment ofany amounts owed to us;7.1.11 refuse to allow you to register for a future Saleor to reject a bid from you at any future Sale orto require you to pay a deposit before any bidis accepted by us at any future Sale in whichcase we will be entitled to apply such deposit inpayment or part payment, as the case may be,of the Purchase Price of any Lot of which you arethe Buyer.7.2 You agree to indemnify us against all legal andother costs, all losses and all other expenses(whether or not court proceedings will have beenissued) incurred by us as a result of our takingsteps under this paragraph 7 on a full indemnitybasis together with interest thereon (after aswell as before judgement or order) at the ratespecified in paragraph 7.1.5 from the date uponwhich we become liable to pay the same untilpayment by you.7.3 If you pay us only part of the sums due to ussuch payment shall be applied firstly to thePurchase Price of the Lot (or where you havepurchased more than one Lot pro - rata towardsthe Purchase Price of each Lot) and secondlyto the Buyer’s Premium (or where you havepurchased more than one Lot pro - rata to theBuyer’s Premium on each Lot) and thirdly to anyother sums due to us.7.4 We will account to you in respect of any balancewe hold remaining from any monies received byus in respect of any sale of the Lot under ourrights under this paragraph 7 after the paymentof all sums due to us and/or the Seller within 28days of receipt by us of all such sums paid to us.8 CLAIMS BY OTHER PERSONS IN RESPECT OF THE LOT8.1 Whenever it becomes apparent to us that theLot is the subject of a claim by someone otherthan you and other than the Seller (or that such aclaim can reasonably be expected to be made),we may, at our reasonable discretion, deal withthe Lot in any manner which appears to us torecognise the legitimate interests of ourselves andthe other parties involved and lawfully to protectour position and our legitimate interests. Withoutprejudice to the generality of the discretion and byway of example, we may:8.1.1 retain the Lot to investigate any question raised orreasonably expected by us to be raised in relationto the Lot; and/or8.1.2 deliver the Lot to a person other than you; and/or8.1.3 commence interpleader proceedings or seek anyother order of any court, mediator, arbitrator orgovernment body; and/or8.1.4 require an indemnity and/or security from you inreturn for pursuing a course of action agreed toby you.8.2 The discretion referred to in paragraph 8.1:8.2.1 may be exercised at any time during which wehave actual or constructive possession of theLot, or at any time after such possession, wherethe cessation of such possession has occurredby reason of any decision, order or ruling of anycourt, mediator, arbitrator or government body;and8.2.2 will not be exercised unless we believe that thereexists a serious prospect of a good arguable casein favour of the claim.9 FORGERIES9.1 We undertake a personal responsibility for anyForgery in accordance with the terms of thisparagraph 9.9.2 Paragraph 9 applies only if:9.2.1 your name appears as the named person towhom the original invoice was made out by us inrespect of the Lot and that invoice has been paid;and9.2.2 you notify us in writing as soon as reasonablypracticable after you have become aware thatthe Lot is or may be a Forgery, and in any eventwithin one year after the Sale, that the Lot is aForgery; and9.2.3 within one month after such notification hasAUS/NOB/MAIN/V1/9.2022been given, you return the Lot to us in the samecondition as it was at the time of the Sale,accompanied by written evidence that the Lot isa Forgery and details of the Sale and Lot numbersufficient to identify the Lot.9.3 Paragraph 9 will not apply in respect of aForgery if:9.3.1 the Entry in relation to the Lot contained in theCatalogue reflected the then accepted generalopinion of scholars and experts or fairly indicatedthat there was a conflict of such opinion orreflected the then current opinion of an expertacknowledged to be a leading expert in therelevant field; or9.3.2 it can be established that the Lot is a Forgery onlyby means of a process not generally accepted foruse until after the date on which the Cataloguewas published or by means of a process which itwas unreasonable in all the circumstances for usto have employed.9.4 You authorise us to carry out such processesand tests on the Lot as we in our reasonablediscretion consider necessary to satisfy ourselvesthat 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 andyou will transfer the title to the Lot in question tous, with full title guarantee, free from any liens,charges, encumbrances and adverse claims, andwe will pay to you an amount equal to the sum ofthe Purchase Price, Buyer’s Premium, GST andExpenses paid by you in respect of the Lot.9.6 The benefit of paragraph 9 is personal to, andincapable of assignment by, you.9.7 If you sell or otherwise dispose of your interestin the Lot, all rights and benefits under thisparagraph will cease.9.8 Paragraph 9 does not apply to a Lot made upof or including a Chinese painting or Chinesepaintings, a motor vehicle or motor vehicles, aStamp or Stamps or a Book or Books.10 OUR LIABILITY10.1 We acknowledge that certain laws implyterms, conditions or warranties into contractsfor the supply of goods or services (includingthis agreement) that cannot be excluded. Forexample, for Consumers, services (includingthose under this agreement) come with non -excludable warranties under consumer protectionlegislation that they will be provided with due careand skill and be reasonably fit for their purpose(where the purpose is made known). We alsoacknowledge that certain other laws cannot beexcluded. Nothing in paragraphs 10.2 to 10.4 isintended to exclude or restrict:10.1.1 the application of any consumer protectionlegislation; or10.1.2 our liability for fraud or death or personal injurycaused by our negligence (or any person underour control for whom we are legally responsible);or10.1.3 any other liability to the extent that such liabilitymay not be excluded or restricted on a matter oflaw.10.2 Subject to paragraph 10.1, we will not be liablewhether in negligence, other tort, breach ofcontract or statutory duty or in restitution orunder the Trade Practices Act 1974 or in anyother way for lack of conformity with or anyinaccuracy, error, misdescription or omissionin any Description of the Lot or any Entry orEstimate in respect of it, made by us or on ourbehalf or by or on behalf of the Seller (whethermade in writing, including in the Catalogue, or onthe Bonhams’ Website, or orally, or by conduct orotherwise) and whether made before or after thisagreement or prior to or duringthe Sale.10.3 Subject to paragraph 10.1, our duty to you whilethe Lot is at your risk and/or your property andin our custody and/or control is to exercise duecare and skill in relation to it, but we will not beresponsible for damage to the Lot or to otherpersons or things caused by:10.3.1 handling the Lot if it was affected at the timeof sale to you by woodworm and any damageis caused as a result of it being affected bywoodworm; or10.3.2 changes in atmospheric pressure; nor will we beliable for:10.3.3 damage to tension stringed musical instruments;or10.3.4 damage to gilded picture frames, plaster pictureframes or picture frame glass; and if the Lot isor becomes dangerous, we may dispose of itwithout notice to you in advance in any mannerwe think fit and we will be under no liability to youfor doing so.10.4.1 Subject to paragraph 10.1 we will not be liableto you for any loss of Business, Business profits,revenue or income or for loss of Businessreputation or for disruption to Business or wastedtime on the part of the Buyer’s management orstaff or for any indirect losses or consequentialdamages of any kind, irrespective in any caseof the nature, volume or source of the loss ordamage alleged to be suffered, and irrespectiveof whether the said loss or damage is caused byor claimed in respect of any negligence, othertort, breach of contract, statutory duty, bailee’sduty, a restitutionary claim or otherwise.10.4.2 Subject to paragraph 10.1 in any circumstanceswhere we are liable to you in respect of a Lot,or any act, omission, statement, representationin respect of it, or this agreement or itsperformance, and whether in damages, for anindemnity or contribution or for a restitutionaryremedy or in any way whatsoever, our liability willbe limited to payment of a sum which will notexceed by way of maximum the amount of thePurchase Price of the Lot plus Buyer’s Premium(less any sum you may be entitled to recoverfrom the Seller) irrespective in any case of thenature, volume or source of any loss or damagealleged to be suffered or sum claimed as due,and irrespective of whether the liability arisesfrom negligence, other tort, breach of contract,statutory duty, bailee’s duty,a restitutionary claim or otherwise.You may wish to protect yourself against loss byobtaining insurance.11 MISCELLANEOUS11.1 You may not assign either the benefit or burden of this agreement.11.2 Our failure or delay in enforcing or exercisingany power or right under this agreement will notoperate or be deemed to operate as a waiverof our rights under it except to the extent of anyexpress waiver given to you in writing. Any suchwaiver will not affect our ability subsequently toenforce any right arising under this agreement.11.3 If either party to this agreement is prevented fromperforming that party’s respective obligationsunder this agreement by circumstancesbeyond its reasonable control or if performanceof its obligations would by reason of suchcircumstances give rise to a significantlyincreased financial cost to it, that party willnot, for so long as such circumstances prevail,be required to perform such obligations. Thisparagraph does not apply to the obligationsimposed on you by paragraph 3.11.4 Any notice or other communication to be givenunder this agreement must be in writing and maybe delivered by hand or sent by first class postor air mail or fax transmission (if to Bonhamsmarked for the attention of the CompanySecretary), to the address or fax number ofthe relevant party given in the Contract Form(unless notice of any change of address is givenin writing). It is the responsibility of the sender ofthe notice or communication to ensure that it isreceived in a legible form within any applicabletime period.11.5 If any term or any part of any term of thisagreement is held to be unenforceable or invalid,such unenforceability or invalidity will not affectthe enforceability and validity of the remainingterms or the remainder of the relevant term.11.6 References in this agreement to Bonhamswill, where appropriate, include reference toBonhams’ officers, employees and agents.11.7 The headings used in this agreement arefor convenience only and will not affect itsinterpretation.11.8 In this agreement “including” means “including, without limitation”.11.9 References to the singular will include referenceto the plural (and vice versa) and reference to anyone gender will include reference to the othergenders.11.10 Reference to a numbered paragraph is to a para graph of this agreement.11.11 Save as expressly provided in paragraph 11.12nothing in this agreement confers (or purports toconfer) on any person who is not a party to thisagreement any benefit conferred by, or the rightto enforce any term of, this agreement.11.12 Where this agreement confers an immunityfrom, and/or an exclusion or restriction of, theresponsibility and/or liability of Bonhams, it willalso operate in favour and for the benefit ofBonhams’ holding company and the subsidiariesof such holding company and the successorsand assigns of Bonhams and of such companiesand of any officer, employee and agent ofBonhams and such companies, each of whomwill be entitled to rely on the relevant immunityand/or exclusion and/or restriction (and Bonhamsenter into this agreement on trust for each suchperson).12 GOVERNING LAW AND DISPUTE RESOLUTION12.1 LawAll transactions to which this agreement appliesand all connected matters will be governed byand construed in accordance with the laws ofthat state or territory of Australia where the Saletakes place and (except as provided in paragraph12.2) we and you each submit to the exclusivejurisdiction of the courts of that state or territoryof Australia, save that we may bring proceedingsagainst you in any other court of competentjurisdiction to the extent permitted by the laws ofthe relevant jurisdiction.12.2 Dispute Resolution Unless the Buyer buys the Lot as a Consumerfrom 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 ofthe Lot, or the conformity of the Lot with anyDescription, or whether the Lot is or is nota Forgery shall be referred, if so required byBonhams, to an expert or a panel of up to threeexperts appointed, in the absence of agreementamong the Seller, you and (if applicable)Bonhams, by the professional body mostappropriate in Bonhams’ opinion to advise uponthe subject matter of the dispute in question or,in the absence of such a professional body, bythe President of The Law Society of New SouthWales from time to time;12.2.2 such experts appointed in accordance withparagraph 11.2.1 will act as experts and not asarbitrators and their decision will be final andbinding on the relevant parties;12.2.3 any other dispute relating to or arising out ofthe sale of the Lot or this agreement shall befinally resolved, if so required by Bonhams, byarbitration, under the UNCITRAL arbitrationrules in force at the date of the reference to thearbitration, and the tribunal for such arbitrationwill consist of a single arbitrator appointed, in theabsence of agreement between the Seller, youand (if applicable) Bonhams, by the President ofThe Law Society of New South Wales from timeto time. The arbitration will take place in Sydneyand all proceedings (whether oral or written) willbe conducted in the English language;12.2.4 all costs and fees incurred in connection withthe resolution of a dispute in accordance withparagraph 11.2 will be borne by the Seller andBuyer in such manner as the expert(s) or thearbitrator, as the case may be, determines.DATA PROTECTION - USE OF YOUR INFORMATIONAs a result of the services provided by us, we obtain personaldata about you (which expression for the purposes of thisparagraph only includes your employees and officers, ifrelevant). You agree to our use of it as follows.We may use your data to notify you about changes to ourservices and to provide you with information about productsor services that you request from us or which we feel maybe of interest to you. Data about you may be analysed toAUS/NOB/MAIN/V1/9.2022identify your potential preferences for these purposes. Wemay disclose your data to any member of our group (whichmeans our subsidiaries, our ultimate holding company and itssubsidiaries as defined in section 9 of the Corporations Act2001, including any overseas subsidiary). Subject to this, wewill not disclose your data to any third party but we may fromtime to time provide you with information about goods andservices provided by third parties which we feel may be ofinterest to you. Any member of our group may use your datafor similar purposes.We will keep your data for a period of six years from thedate of your last contact with us so as to simplify any futureregistration. The data may be transferred to and stored outsideAustralia, particularly the United Kingdom, and you agree to thistransfer. Even when information is stored outside Australia, wewill continue to comply with the National Privacy Principles setout in the Australian Privacy Act.You have the right to request us not to use your information forthese purposes by contacting Bonhams 1793 Limited at97-99 Queen Street, Woollahra NSW, 2025, Australia orby email at info.aus@bonhams.com.APPENDIX 3DEFINITIONS and GLOSSARYWhere these Definitions and Glossary are incorporated, thefollowing words and phrases used have (unless the contextotherwise requires) the meanings given to them below. TheGlossary is to assist you to understand words and phraseswhich have a specific legal meaning with which you may notbe familiar.LIST OF DEFINITIONS“ABN” means the same as ABN means in the A New TaxSystem (Australian Business Number) Act 1999.“Auctioneer” the representative of Bonhams conducting theSale.“Bidder” a person who has completed a Bidding Form.“Bidding Form” our Bidding Registration Form, our AbsenteeBidding Form or our Telephone Bidding Form.“Bonhams” Bonhams 1793 Limited or its successors orassigns. Bonhams is also referred to in the Buyer’s Agreement,the Conditions of Business and the Notice to Bidders by thewords “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 theAuctioneer. The Buyer is also referred to in the Contract of Saleand the Buyer’s Agreement by the words “you” and “your”.“Buyer’s Agreement” the contract entered into by Bonhamswith the Buyer (see Appendix 2 in the Catalogue).“Buyer’s Premium” the sum calculated on the Hammer Priceat the rates stated in the Notice to Bidders.“Catalogue” the Catalogue relating to the relevant Sale,including any representation of the Catalogue published on ourWebsite.“Commission” the commission payable by the Seller toBonhams calculated at the rates stated in the Contract Form.“Condition Report” a report on the physical condition of a Lotprovided to a Bidder or potential Bidder by Bonhams on behalfof the Seller.“Consignment Fee” a fee payable to Bonhams by the Sellercalculated at rates set out in the Conditions of Business.“Consumer” a consumer within the meaning of that term in theTrade Practices Act 1974.“Contract Form” the contract form, or vehicle entry form, asapplicable, signed by or on behalf of the Seller listing the Lotsto be offered for sale by Bonhams.“Contract for Sale” the sale contract entered into by the Sellerwith 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 Cataloguewhich is in bold letters, any photograph (except for the colour)and the contents of any Condition Report) to which the Sellerundertakes in the Contract of Sale the Lot corresponds.“Description” any statement or representation in any waydescriptive of the Lot, including any statement or representationrelating 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 theLot and its Lot number which may contain a description andillustration(s) relating to the Lot.“Estimate” a statement of our opinion of the range withinwhich the hammer is likely to fall.“Expenses” charges and expenses paid or payable byBonhams in respect of the Lot including legal expenses,banking charges and expenses incurred as a result of anelectronic transfer of money, charges and expenses for lossand damage cover, catalogue and other reproductions andillustrations, any customs duties, advertising, packing orshipping costs, reproduction rights’ fees, taxes (including GST),levies, costs of testing, searches or enquiries, preparation ofthe Lot for sale, storage charges, removal charges or costsof collection from the Seller as the Seller’s agents or from adefaulting Buyer, plus GST if applicable.“Forgery” an imitation intended by the maker or any otherperson 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 avalue materially less than it would have had if the Lot had notbeen such an imitation, and which is not stated to be suchan imitation in any description of the Lot. A Lot will not be aForgery 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 notsubstantially affect the identity of the Lot as one conforming tothe description of the Lot.“GST” means the same as GST means in the A New TaxSystem (Goods and Services Tax) Act 1999.“Guarantee” the obligation undertaken personally by Bonhamsto the Buyer in respect of any Forgery and, in the case ofspecialist Stamp sales and/or specialist Book sales, a Lotmade up of a Stamp or Stamps or a Book or Books as set outin the Buyer’s Agreement.“Hammer Price” the price in the currency in which the Saleis conducted (including GST, if any) at which a Lot is knockeddown by the Auctioneer.“Loss and Damage Warranty” means the warranty describedin paragraph 8.2.1 of the Conditions of Business.“Loss and Damage Warranty Fee” means the fee describedin paragraph 8.2.3 of the Conditions of Business.“Lot” any item consigned to Bonhams with a view to its saleat auction or by private treaty (and reference to any Lot willinclude, unless the context otherwise requires, reference toindividual items comprised in a group of two or more itemsoffered for sale as one Lot).“Motoring Catalogue Fee” a fee payable by the Seller toBonhams in consideration of the additional work undertaken byBonhams in respect of the cataloguing of motor vehicles and inrespect of the promotion of sales of motor vehicles.“Notional Charges” the amount of Commission and GSTwhich would have been payable if the Lot had been sold at theNotional Price.“Notional Fee” the sum on which the Consignment Feepayable to Bonhams by the Seller is based and which iscalculated according to the formula set out in the Conditionsof Business.“Notional Price” the latest in time of the average of the highand low estimates given by us to you or stated in the Catalogueor, if no such estimates have been given or stated, the Reserveapplicable to the Lot.“Notice to Bidders” the notice printed at the back or front ofour 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 saleby Bonhams.“Sale Proceeds” the net amount due to the Seller from thesale of a Lot, being the Hammer Price less the Commission,any GST chargeable thereon, Expenses and any other amountdue to us in whatever capacity and howsoever arising.“Seller” the person who offers the Lot for sale named onthe Contract Form. Where the person so named identifies onthe form another person as acting as his agent, or where theperson named on the Contract Form acts as an agent for aprincipal (whether such agency is disclosed to Bonhams ornot), “Seller” includes both the agent and the principal whoshall be jointly and severally liable as such. The Seller is alsoreferred to in the Conditions of Business by the words “you”and “your”.“Specialist Examination” a visual examination of a Lot by aspecialist on the Lot.“Stamp” means a postage stamp offered for sale at aSpecialist Stamp sale.“Standard Examination” a visual examination of a Lot by anon - specialist member of Bonhams’ staff.“Storage Contract” means the contract described inparagraph 8.3.3 of the Conditions of Business or paragraph 4.4of the Buyer’s Agreement (as appropriate).“Storage Contractor” means the company identified as suchin the Catalogue.“Terrorism” means any act or threatened act of terrorism,whether any person is acting alone or on behalf of or inconnection with any organisation(s) and/or government(s),committed for political, religious or ideological or similarpurposes including, but not limited to, the intention toinfluence any government and/or put the public or any sectionof the public into fear.“Trust Account” the bank account of Bonhams into which allsums received in respect of the Purchase Price of any Lot willbe paid, such account to be a distinct and separate accountto Bonhams’ normal business bank account. “Website”Bonhams website at www.bonhams.com.“Withdrawal Notice” the Seller’s written notice to Bonhamsrevoking Bonhams’ instructions to sell a Lot.“Without Reserve” where there is no minimum price at whicha Lot may be sold (whether at auction or byprivate treaty).GLOSSARYThe following expressions have specific legal meanings withwhich you may not be familiar. The following glossary isintended to give you an understanding of those expressions butis not intended to limit their legal meanings: -“artist’s resale right”: the right of the creator of a work of artto receive a payment on Sales of that work subsequent to theoriginal Sale of that work by the creator of it as set out in theResale Royalty Right for Visual Artists Act 2009.“bailee”: a person to whom goods are entrusted.“indemnity”: an obligation to put the person who has thebenefit of the indemnity in the same position in which he wouldhave been, had the circumstances giving rise to the indemnitynot arisen and the expression “indemnify” isconstrued accordingly.“interpleader proceedings”: proceedings in the Courts todetermine ownership or rights over a Lot.“knocked down”: when a Lot is sold to a Bidder, indicated bythe fall of the hammer at the Sale.“lien”: a right for the person who has possession of the Lot toretain 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 wrongdoer has a duty of care.AUS/NOB/MAIN/V1/9.2022