Page 128 - Bonhams UK Marsh Collection Art for the Literati November 2, 2022

Registration and Bidding Form
Registration and Bidding Form
and will not affect its interpretation. “Contractual Description” the only Description of the Lot (being “Terrorism” means any act or threatened act of terrorism, whether
(Attendee / Absentee / Online / T
elephone Bidding)
12.8 In this agreement “including” means “including, without that part of the Entry about the Lot in the Catalogue which is in bold any person is acting alone or on behalf of or in connection with any (Attendee / Absentee / Online / Telephone Bidding)
limitation”. letters, any photograph (except for the colour) and the contents of any organisation(s) and/or government(s), committed for political, religious Paddle number (for office use only)
Paddle number (for of
fice use only)
Please cir
cle your bidding method above.
12.9 References to the singular will include reference to the plural Condition Report) to which the Seller undertakes in the Contract of or ideological or similar purposes including, but not limited to, the Please circle your bidding method above.
(and vice versa) and reference to any one gender will include Sale the Lot corresponds. intention to influence any government and/or put the public or any
reference to the other genders. “Description” any statement or representation in any way descriptive section of the public into fear.
12.10 Reference to a numbered paragraph is to a paragraph of this of the Lot, including any statement or representation relating to its “VAT” value added tax at the prevailing rate at the date of the Sale in This sale will be conducted in accordance with
This sale will be conducted in accor
dance with
Sale date:
agreement. authorship, attribution, condition, provenance, authenticity, style, the United Kingdom. Bonhams’ Conditions of Sale and bidding and buying Sale title:Sale title: Sale date:
Bonhams’ Conditions of Sale and bidding and buying
12.11 Save as expressly provided in paragraph 12.12 nothing in this period, age, suitability, quality, origin, value, estimated selling price “Website” Bonhams Website at www.bonhams.com at the Sale will be r egulated by these Conditions. Y ou
at the Sale will be regulated by these Conditions. You
agreement confers (or purports to confer) on any person who (including the Hammer Price). “Withdrawal Notice” the Seller’s written notice to Bonhams revoking should r ead the Conditions in conjunction with the
should read the Conditions in conjunction with the
Sale no.
Sale venue:
is not a party to this agreement any benefit conferred by, or the “Entry” a written statement in the Catalogue identifying the Lot and its Bonhams’ instructions to sell a Lot. Sale no. Sale venue:
Sale Information relating to this Sale which sets out the
right to enforce any term of, this agreement. Lot number which may contain a Description and illustration(s) relating “Without Reserve” where there is no minimum price at which a Lot Sale Information r elating to this Sale which sets out the
ovide details of the Lots on which you wish to bid at least 24 hours
If you ar
e not attending the sale in person, please pr
charges payable by you on the purchases you make
12.12 Where this agreement confers an immunity from, and/or an to the Lot. may be sold (whether at auction or by private treaty). char ges payable by you on the pur chases you make If you are not attending the sale in person, please provide details of the Lots on which you wish to bid at least 24 hours
exclusion or restriction of, the responsibility and/or liability “Estimate” a statement of our opinion of the range within which the GLOSSARY and other terms relating to bidding and buying at the prior to the sale. Bids will be rounded down to the nearest increment. Please refer to the Notice to Bidders in the catalogue
ement. Please r
prior to the sale. Bids will be r
efer to the Notice to Bidders in the catalogue
ounded down to the near
est incr
elating to bidding and buying at the
and other terms r
of Bonhams, it will also operate in favour and for the benefit hammer is likely to fall. The following expressions have specific legal meanings with which you Sale. You should ask any questions you have about the for further information r elating to Bonhams executing telephone, online or absentee bids on your behalf. Bonhams will
for further information relating to Bonhams executing telephone, online or absentee bids on your behalf. Bonhams will
ou should ask any questions you have about the
Sale. Y
of Bonhams’ holding company and the subsidiaries of such “Expenses” charges and Expenses paid or payable by Bonhams may not be familiar. The following glossary is intended to give you an Conditions befor e signing this form. These Conditions endeavour to execute these bids on your behalf but will not be liable for any errors or failing to execute bids..
ors or failing to execute b
Conditions before signing this form. These Conditions
i
endeavour to execute these bids on your behalf but will not be liable for any err
d
s
holding company and the successors and assigns of Bonhams in respect of the Lot including legal Expenses, banking charges and understanding of those expressions but is not intended to limit their also contain certain undertakings by bidders and buyers
also contain certain undertakings by bidders and buyers
and of such companies and of any officer, employee and Expenses incurred as a result of an electronic transfer of money, legal meanings: General Bid Increments:
ements:
General Bid Incr
and limit Bonhams’ liability to bidders and buyers.
agent of Bonhams and such companies, each of whom will be charges and Expenses for loss and damage cover, insurance, “artist’s resale right”: the right of the creator of a work of art to receive and limit Bonhams’ liability to bidders and buyers. £10 - 200 ..................... by 10s £10,000 - 20,000 .........by 1,000s

£10,000 - 20,000
.........
£10 - 200 .....................by 10s
by 1,000s
entitled to rely on the relevant immunity and/or exclusion and/ Catalogue and other reproductions and illustrations, any customs a payment on Sales of that work subsequent to the original Sale of
£20,000 - 50,000 .........by 2,000 / 5,000 / 8,000s
£200 - 500 ...................by 20 / 50 / 80s
Data pr
otection – use of your information
or restriction within and for the purposes of Contracts (Rights of duties, advertising, packing or shipping costs, reproductions rights’ that work by the creator of it as set out in the Artists Resale Right Data protection – use of your information £200 - 500 ................... by 20 / 50 / 80s £20,000 - 50,000 ......... by 2,000 / 5,000 / 8,000s
................
e we obtain any personal information about you, we
£50,000 - 100,000 .......by 5,000s

by 50s
£500 - 1,000
Wher
Third Parties) Act 1999, which enables the benefit of a contract fees, taxes, levies, costs of testing, searches or enquiries, preparation Regulations 2006. Where we obtain any personal information about you, we £500 - 1,000 ................by 50s £50,000 - 100,000 ....... by 5,000s
shall only use it in accordance with the terms of our Privacy
to be extended to a person who is not a party to the contract, of the Lot for Sale, storage charges, removal charges, removal charges “bailee”: a person to whom goods are entrusted. shall only use it in accor dance with the terms of our Privacy £1,000 - 2,000 .............by 100s £100,000 - 200,000 ..... by 10,000s
.............
£100,000 - 200,000 .....by 10,000s

by 100s
£1,000 - 2,000
and generally at law. or costs of collection from the Seller as the Seller’s agents or from a “indemnity”: an obligation to put the person who has the benefit Policy (subject to any additional specific consent(s) you may £2,000 - 5,000 ............. by 200 / 500 / 800s above £200,000 ........... at the auctioneer’ s discr etion
Policy (subject to any additional specific consent(s) you may
above £200,000 ...........at the auctioneer’s discretion
£2,000 - 5,000 .............by 200 / 500 / 800s
13 GOVERNING LAW defaulting Buyer, plus VAT if applicable. of the indemnity in the same position in which he would have been, have given at the time your information was disclosed). A
have given at the time your information was disclosed). A
£5,000 - 10,000 ...........by 500s
All transactions to which this agreement applies and all “Forgery” an imitation intended by the maker or any other person to had the circumstances giving rise to the indemnity not arisen and the copy of our Privacy Policy can be found on our website £5,000 - 10,000 ........... by 500s
copy of our Privacy Policy can be found on our website
connected matters will be governed by and construed in deceive as to authorship, attribution, origin, authenticity, style, date, expression “indemnify” is construed accordingly. The auctioneer has discr etion to split any bid at any time.
The auctioneer has discretion to split any bid at any time.
(www.bonhams.com) or requested by post from Customer
accordance with the laws of that part of the United Kingdom age, period, provenance, culture, source or composition, which at the “interpleader proceedings”: proceedings in the Courts to determine (www .bonhams.com) or r equested by post fr om Customer
Services Department, 101 New Bond Street, London W1S
where the Sale takes (or is to take) place and we and you each date of the Sale had a value materially less than it would have had if the ownership or rights over a Lot. Services Department, 101 New Bond Str eet, London W1S
Customer Number
itle
submit to the exclusive jurisdiction of the courts of that part Lot had not been such an imitation, and which is not stated to be such “knocked down”: when a Lot is sold to a Bidder, indicated by the fall 1SR United Kingdom or by e-mail fr om info@bonhams.com. Customer Number T Title
1SR United Kingdom or by e-mail from info@bonhams.com.
of the United Kingdom, save that we may bring proceedings an imitation in any description of the Lot. A Lot will not be a Forgery by of the hammer at the Sale. W e may disclose your personal information to any member of
We may disclose your personal information to any member of
First Name
Last Name
against you in any other court of competent jurisdiction to reason of any damage to, and/or restoration and/ or modification work “lien”: a right for the person who has possession of the Lot to retain our gr oup which means our subsidiaries, our ultimate holding First Name Last Name
our group which means our subsidiaries, our ultimate holding
the extent permitted by the laws of the relevant jurisdiction. (including repainting or over painting) having been carried out on the possession of it. company and its subsidiaries (whether registered in the UK or
ed in the UK or
egister
company and its subsidiaries (whether r
Bonhams has a complaints procedure in place. Lot, where that damage, “risk”: the possibility that a Lot may be lost, damaged, destroyed, Company name (if applicable)
Company name (if applicable)
elsewher
e). W
e will not disclose your data to anyone outside
DATA PROTECTION – USE OF YOUR INFORMATION restoration or modification work (as the case may be) does not stolen, or deteriorate in condition or value. elsewhere). We will not disclose your data to anyone outside
ovide you with
om time to time pr
our gr
oup but we may fr
Where we obtain any personal information about you, we shall only substantially affect the identity of the Lot as one conforming to the “title”: the legal and equitable right to the ownership of a Lot. our group but we may from time to time provide you with
Company Registration number
(if applicable)
use it in accordance with the terms of our Privacy Policy (subject to Description of the Lot. “tort”: a legal wrong done to someone to whom the wrong doer has information about goods and services which we feel maybe of Company Registration number (if applicable)
information about goods and services which we feel maybe of
any additional specific consent(s) you may have given at the time “Guarantee” the obligation undertaken personally by Bonhams to the a duty of care. interest to you including those provided by third parties.
ovided by thir
d parties.
est to you including those pr
inter
Address
your information was disclosed). A copy of our Privacy Policy can be Buyer in respect of any Forgery and, in the case of specialist Stamp “warranty”: a legal assurance or promise, upon which the person to Addr ess
If you do not want to receive such information (except for
found on our Website www.bonhams.com or requested by post from Sales and/or specialist Book Sales, a Lot made up of a Stamp or whom the warranty was given has the right to rely. If you do not want to r eceive such information (except for
Customer Services Department, 101 New Bond Street, London W1S Stamps or a Book or Books as set out in the Buyer’s Agreement. SALE OF GOODS ACT 1979 information you specifically r equested) please tick this box City
information you specifically requested) please tick this box
City
1SR, United Kingdom or by email from info@bonhams.com. “Hammer Price” the price in the currency in which the Sale is The following is an extract from the Sale of Goods Act 1979: Would you like to receive e-mailed information from us? if so
ould you like to r
eceive e-mailed information fr
om us? if so
W
conducted at which a Lot is knocked down by the Auctioneer. “Section 12 Implied terms about title, etc please tick this box Post / Zip code County / State
please tick this box
County / State
Post / Zip code
APPENDIX 3 “Loss and Damage Warranty” means the warranty described in (1) In a contract of sale, other than one to which subsection (3) below
paragraph 8.2 of the Conditions of Business. applies, there is an implied term on the part of the seller that in the Notice to Bidders.
Notice to Bidders.
Country
Telephone (mobile)
At least 24 hours before the Sale, clients must provide
DEFINITIONS AND GLOSSARY “Loss and Damage Warranty Fee” means the fee described in case of a sale he has a right to sell the goods, and in the case of At least 24 hours befor e the Sale, clients must p r o v i d e Telephone (mobile) Country
Where these Definitions and Glossary are incorporated, the following paragraph 8.2.3 of the Conditions of Business. an agreement to sell he will have such a right at the time when the
government or state issued photographic proof of ID and date
words and phrases used have (unless the context otherwise requires) “Lot” any item consigned to Bonhams with a view to its Sale at auction property is to pass. gover nment or state issued photographic pr oof of ID and date Telephone (landline)
Telephone (landline)
of birth e.g. - passport, driving licence - and if not included in
the meanings given to them below. The Glossary is to assist you to or by private treaty (and reference to any Lot will include, unless the (2) In a contract of sale, other than one to which subsection (3) below of birth e.g. - passport, driving licence - and if not included in
ID document, proof of address e.g - utility bill, bank or credit
understand words and phrases which have a specific legal meaning context otherwise requires, reference to individual items comprised in a applies, there is also an implied term that- ID document, pr oof of addr ess e.g - utility bill, bank or cr edit
E-mail (in capitals)
with which you may not be familiar. group of two or more items offered for Sale as one Lot). (a) the goods are free, and will remain free until the time car d statement etc. Corporate clients should also pr ovide a E-mail (in capitals)
card statement etc. Corporate clients should also provide a
copy of their articles of association / company registration
LIST OF DEFINITIONS “Motoring Catalogue Fee” a fee payable by the Seller to Bonhams in when the property is to pass, from any charge or copy of their articles of association / company r egistration
Please answer all questions below
“Account” the bank account of Bonhams into which all sums received consideration of the additional work undertaken by Bonhams in respect encumbrance not disclosed or known to the buyer documents, and the entities name and registered address, Please answer all questions below
documents, and the entities name and r
ed addr
ess,
egister
in respect of the Purchase Price of any Lot will be paid. of the cataloguing of motor vehicles and in respect of the promotion of before the contract is made, and 1. ID supplied: Gover nment issued ID and (if the ID does not confirm your addr ess) curr ent utility bill/ bank statement.
1. ID supplied: Government issued ID and (if the ID does not confirm your address) current utility bill/ bank statement.
documentary proof of its beneficial owners and directors,
“Additional Premium” a premium, calculated in accordance with Sales of motor vehicles. (b) the buyer will enjoy quiet possession of the goods documentary pr oof of its beneficial owners and dir ectors,
together with a letter authorising the individual to bid on the
ector
If a company
ovide the Certificate of Incorporation, your ID (as above) (plus, if not a dir
, a letter authorising you
, please pr
the Notice to Bidders, to cover Bonhams’ Expenses relating to the “New Bond Street” means Bonhams’ saleroom at 101 New Bond except in so far as it may be disturbed by the owner or together with a letter authorising the individual to bid on the If a company, please provide the Certificate of Incorporation, your ID (as above) (plus, if not a director, a letter authorising you
esult in your
e to pr
s behalf. Failur
company’
ovide this may r
to act), and documentary evidence of the company’s beneficial owners
payment of royalties under the Artists Resale Right Regulations 2006 Street, London W1S 1SR. other person entitled to the benefit of any charge or company’s behalf. Failure to provide this may result in your to act), and documentary evidence of the company’ s beneficial owners
which is payable by the Buyer to Bonhams on any Lot marked [AR] “Notional Charges” the amount of Commission and VAT which would encumbrance so disclosed or known. bids not being processed or completed. For higher value lots
bids not being pr
ocessed or completed. For higher value lots
which sells for a Hammer Price which together with the Buyer’s have been payable if the Lot had been sold at the Notional Price. (3) This subsection applies to a contract of sale in the case of which you may also be asked to pr ovide a bank r efer ence. 2. Are you representing the Bidder? If yes, please complete question 3.
you may also be asked to provide a bank reference.
2. Are you representing the Bidder? If yes, please complete question 3.
Premium (but excluding any VAT) equals or exceeds 1000 euros “Notional Fee” the sum on which the Consignment Fee payable to there appears from the contract or is to be inferred from its
(converted into the currency of the Sale using the European Central Bonhams by the Seller is based and which is calculated according to circumstances an intention that the seller should transfer only such If successful 3. Bidder's name, address and contact details (phone and email):ess and contact details (phone and email):
3. Bidder's name, addr
If successful
Bank Reference rate prevailing on the date of the Sale). the formula set out in the Conditions of Business. title as he or a third person may have.
chases myself
I will collect the pur
Bidder’s ID: Government issued ID and (if the ID does not confirm their address) current utility bill/bank statement
“Auctioneer” the representative of Bonhams conducting “Notional Price” the latest in time of the average of the high and low I will collect the purchases myself Bidder’ s ID: Gover nment issued ID and (if the ID does not confirm their addr ess) curr ent utility bill/bank statement

the Sale. Estimates given by us to you or stated in the Catalogue or, if no such (4) In a contract to which subsection (3) above applies there is an
Please arrange shippers to contact me with
A
ed for V
If r
e:
T in the EU please enter your r
egistration her
egister
Are you acting in a business capacity?
“Bidder” Any person considering, attempting or making a Bid, Estimates have been given or stated, the Reserve applicable to the Lot. implied term that all charges or encumbrances known to the seller Please arrange shippers to contact me with Ar e you acting in a business capacity? If registered for VAT in the EU please enter your registration here:
ee that you may pass them
a quote and I agr
including those who have completed a Bidding Form. “Notice to Bidders” the notice printed at the back or front of our and not known to the buyer have been disclosed to the buyer a quote and I agree that you may pass them Y Yes No / - -- -
/
es No
my contact details.
“Bidding Form” our Bidding Registration Form, our Absentee Bidding Catalogues. before the contract is made. my contact details.
Form or our Telephone Bidding Form. “Purchase Price” the aggregate of the Hammer Price and VAT on the (5) In a contract to which subsection (3) above applies there is also an
Please note that all telephone calls are recorded.
“Bonhams” Bonhams 1793 Limited or its successors or assigns. Hammer Price (where applicable), the Buyer’s Premium and VAT on the implied term that none of the following will disturb the buyer’s quiet Please note that all telephone calls ar e r ecor ded.
Bonhams is also referred to in the Buyer’s Agreement, the Conditions Buyer’s Premium and any Expenses. possession of the goods, namely:
MAX bid in GBP
of Business and the Notice to Bidders by the words “we”, “us” and “Reserve” the minimum price at which a Lot may be sold (whether at (a) the seller; T MAX bid in GBP
Telephone or elephone or
(excluding pr
emium
Covering bid
Lot no.
“our”. auction or by private treaty). (b) in a case where the parties to the contract intend Lot no. Brief descriptionBrief description (excluding premium Covering bid * *
“Book” a printed Book offered for Sale at a specialist Book Sale. “Sale” the auction Sale at which a Lot is to be offered for Sale by that the seller should transfer only such title as a third Absentee (T / A)Absentee (T / A) & VAT)T)
& V
A
“Business” includes any trade, Business and profession. Bonhams. person may have, that person;
“Buyer” the person to whom a Lot is knocked down by the “Sale Proceeds” the net amount due to the Seller from the Sale of a (c) anyone claiming through or under the seller or that third
Auctioneer. The Buyer is also referred to in the Contract for Sale and Lot, being the Hammer Price less the Commission, any VAT chargeable person otherwise than under a charge or encumbrance
the Buyer’s Agreement by the words “you” and “your”. thereon, Expenses and any other amount due to us in whatever disclosed or known to the buyer before the contract is
“Buyer’s Agreement” the contract entered into by Bonhams with the capacity and howsoever arising. made.
Buyer (see Appendix 2 in the Catalogue). “Seller” the person who offers the Lot for Sale named on the Contract (5A) As regards England and Wales and Northern Ireland, the term
“Buyer’s Premium” the sum calculated on the Hammer Price at the Form. Where the person so named identifies on the form another implied by subsection (1) above is a condition and the terms
rates stated in the Notice to Bidders. person as acting as his agent, or where the person named on the implied by subsections (2), (4) and (5) above are warranties.”
“Catalogue” the Catalogue relating to the relevant Sale, including any Contract Form acts as an agent for a principal (whether such agency is
representation of the Catalogue published on our Website. disclosed to Bonhams or not), “Seller” includes both the agent and the
“Commission” the Commission payable by the Seller to Bonhams principal who shall be jointly and severally liable as such. The Seller
calculated at the rates stated in the Contract Form. is also referred to in the Conditions of Business by the words “you”
“Condition Report” a report on the physical condition of a Lot provided and “your”.
to a Bidder or potential Bidder by Bonhams on behalf of the Seller. “Specialist Examination” a visual examination of a Lot by a specialist
“Conditions of Sale” the Notice to Bidders, Contract for Sale, Buyer’s on the Lot.
Agreement and Definitions and Glossary. “Stamp” means a postage Stamp offered for Sale at a Specialist FOR WINE SALES ONL Y
FOR WINE SALES ONLY
“Consignment Fee” a fee payable to Bonhams by the Seller Stamp Sale.
calculated at rates set out in the Conditions of Business. “Standard Examination” a visual examination of a Lot by a non- Please leave lots “available under bond” in bond Please include delivery charges (minimum charge of £20 + V A
Please leave lots “available under bond” in bond
Please include delivery charges (minimum charge of £20 + VAT)T)
“Consumer” a natural person who is acting for the relevant purpose specialist member of Bonhams’ staff.
outside his trade, Business or profession. “Storage Contract” means the contract described in paragraph
“Contract Form” the Contract Form, or vehicle Entry form, as 8.3.3 of the Conditions of Business or paragraph 4.4 of the Buyer’s BY SIGNING THIS FORM YOU AGREE THAT YOU HAVE SEEN THE CATALOGUE AND HAVE READ AND UNDERSTOOD OUR CONDITIONS OF SALE INCLUDING BUYER’S WARRANTIES AND WISH
ALOGUE AND HA
T YOU HA
T
BY SIGNING THIS FORM YOU AGREE THA
ARRANTIES AND WISH
VE SEEN THE CA
VE READ AND UNDERSTOOD OUR CONDITIONS OF SALE INCLUDING BUYER’S W
applicable, signed by or on behalf of the Seller listing the Lots to be Agreement (as appropriate).
TO BE BOUND BY THEM, AND AGREE TO PAY THE BUYER’S PREMIUM, VAT AND ANY OTHER CHARGES MENTIONED IN THE NOTICE TO BIDDERS. THIS AFFECTS YOUR LEGAL RIGHTS.T AND ANY OTHER CHARGES MENTIONED IN THE NOTICE TO BIDDERS. THIS AFFECTS YOUR LEGAL RIGHTS.
offered for Sale by Bonhams. “Storage Contractor” means the company identified as such in the TO BE BOUND BY THEM, AND AGREE TO P A Y THE BUYER’S PREMIUM, V A
“Contract for Sale” the Sale contract entered into by the Seller with Catalogue.
Bidder/Agent’s (please delete one) signature:e:
Date:
the Buyer (see Appendix 1 in the Catalogue). Bidder/Agent’ s (please delete one) signatur Date:
* * Covering Bid: A maximum bid (exclusive of Buyers Premium and VAT) to be executed by Bonhams only if we are unable to contact y ou by telephone, or should the connection be lost during bidding.
Covering Bid: A maximum bid (exclusive of Buyers Premium and VAT) to be executed by Bonhams only if we are unable to contact you by telephone, or should the connection be lost during bidding.
om an account in the same name as shown on the invoice and Auction Registration form.
NB. Payment will only be accepted fr
NB. Payment will only be accepted from an account in the same name as shown on the invoice and Auction Registration form.
Please email or fax the completed Auction Registration form and requested information to:
equested information to:
Please email or fax the completed Auction Registration form and r
el: +44 (0) 20 7447 7447, bids@bonhams.com
eet, London, W1S 1SR. T
Bonhams, Customer Services, 101 New Bond Str
NTB/MAIN/V1/9.2022 Bonhams, Customer Services, 101 New Bond Street, London, W1S 1SR. Tel: +44 (0) 20 7447 7447, bids@bonhams.com
UK/02/22
Bonhams 1793 Limited. Montpelier Str
Bonhams 1793 Limited. Montpelier Street, London SW7 1HH. Incorporated in England. Company Number 4326560. UK/02/22
eet, London SW7 1HH. Incorporated in England. Company Number 4326560.