Page 103 - Bonhams Image of Devotion Hong Kong December 2, 2021

12 GOVERNING LAW “Expenses” charges and expenses paid or payable by Bonhams “Trust Account” the bank account of Bonhams into which all relevant
12.1 Law in respect of the Lot including legal expenses, banking charges sums received in respect of the Purchase Price of any Lot will be paid,
All transactions to which this agreement applies and all and expenses incurred as a result of an electronic transfer of such account to be a distinct and separate account to Bonhams’
connected matters will be governed by and construed in money, charges and expenses for insurance, catalogue and other normal business bank account.
accordance with the laws of Hong Kong. Bonhams has a reproductions and illustrations, any customs duties, advertising, “Website” Bonhams website at www.bonhams.com.
disputes procedure in place. packing or shipping costs, reproductions rights’ fees, Taxes, levies, “Withdrawal Notice” the Seller’s written notice to Bonhams
12.2 Language costs of testing, searches or enquiries, preparation of the Lot for sale, revoking Bonhams’ instructions to sell a Lot.
The Buyer’s Agreement is published in both Chinese and storage charges, removal charges or costs of collection from the “Without Reserve” where there is no minimum price at which a Lot
English. If there is any dispute in its interpretation, the English Seller as the Seller’s agents or from a defaulting Buyer, plus Tax. may be sold (whether at auction or by private treaty).
version will prevail. “Forgery” an imitation intended by the maker or any other person to GLOSSARY
DATA PROTECTION - USE OF YOUR INFORMATION deceive as to authorship, attribution, origin, authenticity, style, date, The following expressions have specific legal meanings with which
As a result of the services provided by us, we obtain personal data age, period, provenance, culture, source or composition, which at you may not be familiar. The following glossary is intended to give
about you (which expression for the purposes of this paragraph only the date of the Sale had a value materially less than it would have you an understanding of those expressions but is not intended to
includes your employees and officers, if relevant). You agree to our use had if the Lot had not been such an imitation, and which is not stated limit their legal meanings:-
of it as follows. to be such an imitation in any description of the Lot. A Lot will not “artist’s resale right”: the right of the creator of a work of art to
We may use your data to notify you about changes to our services be a Forgery by reason of any damage to, and/or restoration and/or receive a payment on sales of that work subsequent to the original
and to provide you with information about products or services that modification work (including repainting or over painting) having been sale of that work by the creator of it as set out in the Artists Resale
you request from us or which we feel may be of interest to you. Data carried out on the Lot, where that damage, restoration or modification Right Regulations 2006.
about you may be analysed to identify your potential preferences for work (as the case may be) does not substantially affect the identity of “bailee”: a person to whom goods are entrusted.
these purposes. We may disclose your data to any member of our the Lot as one conforming to the description of the Lot. “indemnity”: an obligation to put the person who has the benefit
group (which means our subsidiaries, our ultimate holding company “Guarantee” the obligation undertaken personally by Bonhams to of the indemnity in the same position in which he would have been,
and its subsidiaries as defined in section 1159 and schedule 6 of the the Buyer in respect of any Forgery and, in the case of specialist had the circumstances giving rise to the indemnity not arisen and the
Companies Act 2006, including any overseas subsidiary). Subject to Stamp Sales and/or specialist Book Sales, a Lot made up of a Stamp expression “indemnify” is construed accordingly.
this, we will not disclose your data to any third party but we may from or Stamps or a Book or Books as set out in the Buyer’s Agreement. “interpleader proceedings”: proceedings in the Courts to
time to time provide you with information about goods and services “Hammer Price” the price in the currency in which the Sale is determine ownership or rights over a Lot.
provided by third parties which we feel may be of interest to you. Any conducted at which a Lot is knocked down by the Auctioneer. “knocked down”: when a Lot is sold to a Bidder, indicated by the
member of our group may use your data for similar purposes. “Hong Kong” the Hong Kong Special Administrative Region of the fall of the hammer at the Sale.
We will keep your data for a period of five years from the date of your People’s Republic of China. “lien”: a right for the person who has possession of the Lot to retain
last contact with us so as to simplify any future registration. The data “Loss and Damage Warranty” means the warranty described in possession of it.
may be transferred to and stored outside Hong Kong and you agree to paragraph 8.2.1 of the Conditions of Business. “risk”: the possibility that a Lot may be lost, damaged, destroyed,
this transfer. “Loss and Damage Warranty Fee” means the fee described in stolen, or deteriorate in condition or value.
You have the right to request us not to use your information for these paragraph 8.2.3 of the Conditions of Business. “title”: the legal and equitable right to the ownership of a Lot.
purposes by contacting Bonhams (Hong Kong) Limited at Montpelier “Lot” any item consigned to Bonhams with a view to its sale at “tort”: a legal wrong done to someone to whom the wrong doer has
Galleries, Montpelier Street, London, SW7 1HH, United Kingdom (which auction or by private treaty (and reference to any Lot will include, a duty of care.
for the purpose of the Personal Data (Privacy) Ordinance (Chapter unless the context otherwise requires, reference to individual items
486 of the Laws of Hong Kong) is the data user) or by e-mail at client. comprised in a group of two or more items offered for sale as one SALE OF GOODS ORDINANCE (Chapter 26 of the Laws of
services@ bonhams.com. lot). Hong Kong)
“Motoring Catalogue Fee” a fee payable by the Seller to Bonhams The following is an extract from the Sale of Goods Ordinance (Chapter
APPENDIX 3
in consideration of the additional work undertaken by Bonhams in 26 of the Laws of Hong Kong):
DEFINITIONS and GLOSSARY respect of the cataloguing of motor vehicles and in respect of the “Section 14 Implied undertaking as to title etc.
Where these Definitions and Glossary are incorporated, the following promotion of sales of motor vehicles. (1) In every contract of sale, other than one to which
words and phrases used have (unless the context otherwise requires) “New Bond Street” means Bonhams’ saleroom at 101 New Bond subsection (2) applies, there is-
the meanings given to them below. The Glossary is to assist you to Street, London W1S 1SR. (a) an implied condition on the part of the seller that in
understand words and phrases which have a specific legal meaning “Notional Charges” the amount of Commission and Tax which the case of the sale, he has a right to sell the goods,
with which you may not be familiar. would have been payable if the Lot had been sold at the Notional and in the case of an agreement to sell, he will have a
LIST OF DEFINITIONS Price. right to sell the goods at the time when the property is
“Additional Premium” a premium, calculated in accordance with “Notional Fee” the sum on which the Consignment Fee payable to to pass; and
the Notice to Bidders, to cover Bonhams’ expenses relating to the Bonhams by the Seller is based and which is calculated according to (b) an implied warranty that the goods are free, and
payment of royalties under the Artists Resale Right Regulations the formula set out in the Conditions of Business. will remain free until the time when the property is to
2006 which is payable by the Buyer to Bonhams on any Lot marked “Notional Price” the latest in time of the average of the high and pass, from any charge or encumbrance not disclosed
[ AR ] which sells for a Hammer Price which together with the Buyer’s low estimates given by us to you or stated in the Catalogue or, if no or known to the buyer before the contract is made and
Premium (but excluding any VAT) equals or exceeds 1000 euros such estimates have been given or stated, the Reserve applicable to that the buyer will enjoy quiet possession of the goods
(converted into the currency of the Sale using the European Central the Lot. except so far as it may be disturbed by the owner or
Bank Reference rate prevailing on the date of the Sale). “Notice to Bidders” the notice printed at the front of our other person entitled to the benefit of any charge or
“Auctioneer” the representative of Bonhams conducting the Sale. Catalogues. encumbrance so disclosed or known.
“Bidder” a person who has completed a Bidding Form. “Purchase Price” the aggregate of the Hammer Price and Tax (2) In a contract of sale, in the case of which there
“Bidding Form” our Bidder Registration Form, our Absentee and on the Hammer Price. (where applicable) the Buyer’s Premium appears from the contract or is to be inferred from the
Telephone Bidding Form. and VAT on the Buyer’s Premium and any Expenses. circumstances of the contract an intention that the
“Bonhams” Bonhams (Hong Kong) Limited or its successors or “Reserve” the minimum price at which a Lot may be sold (whether seller should transfer only such title as he or a third
assigns. Bonhams is also referred to in the Buyer’s Agreement, the at auction or by private treaty). person may have, there is-
Conditions of Business and the Notice to Bidders by the words “we”, “Sale” the auction sale at which a Lot is to be offered for sale by (a) an implied warranty that all charges or
“us” and “our”. Bonhams. encumbrances known to the seller and not known to
“Book” a printed book offered for sale at a specialist book sale. “Sale Proceeds” the net amount due to the Seller from the sale the buyer have been disclosed to the buyer before the
“Business” includes any trade, business and profession. of a Lot, being the Hammer Price less the Commission, any Tax contract is made; and
“Buyer” the person to whom a Lot is knocked down by the chargeable thereon, Expenses and any other amount due to us in (b) an implied warranty that neither-
Auctioneer. The Buyer is also referred to in the Contract of Sale and whatever capacity and howsoever arising. (i) the seller; nor
the Buyer’s Agreement by the words “you” and “your”. “Seller” the person who offers the Lot for sale named on the (ii) in a case where the parties to the contract
“Buyer’s Agreement” the contract entered into by Bonhams with Contract Form. Where the person so named identifies on the form intend that the seller should transfer only such title
the Buyer (see Appendix 2 in the Catalogue). another person as acting as his agent, or where the person named as a third person may have, that person; nor
“Buyer’s Premium” the sum calculated on the Hammer Price at the on the Contract Form acts as an agent for a principal (whether such (iii) anyone claiming through or under the seller or
rates stated in the Notice to Bidders. agency is disclosed to Bonhams or not), “Seller” includes both the that third person otherwise than under a charge
“Catalogue” the catalogue relating to the relevant Sale, including agent and the principal who shall be jointly and severally liable as or encumbrance disclosed or known to the buyer
any representation of the catalogue published on our Website. such. The Seller is also referred to in the Conditions of Business by before the contract is made, will disturb the
“Commission” the commission payable by the Seller to Bonhams the words “you” and “your”. buyer’s quiet possession of the goods.
calculated at the rates stated in the Contract Form. “Specialist Examination” a visual examination of a Lot by a
“Condition Report” a report on the physical condition of a Lot specialist on the Lot.
provided to a Bidder or potential Bidder by Bonhams on behalf of the “Stamp” means a postage stamp offered for sale at a Specialist
Seller. Stamp sale.
“Consignment Fee” a fee payable to Bonhams by the Seller “Standard Examination” a visual examination of a Lot by a non-
calculated at rates set out in the Conditions of Business. specialist member of Bonhams’ staff.
“Contract Form” the contract form, or vehicle entry form, as “Storage Contract” means the contract described in paragraph
applicable, signed by or on behalf of the Seller listing the Lots to be 8.3.3 of the Conditions of Business or paragraph 4.4 of the Buyer’s
offered for sale by Bonhams. Agreement (as appropriate).
“Contract for Sale” the sale contract entered into by the Seller with “Storage Contractor” means the company identified as such in the
the Buyer (see Appendix 1 in the Catalogue). Catalogue.
“Contractual Description” the only description of the Lot (being “Tax” means all taxes, charges, duties, imposts, fees, levies or other
that part of the Entry about the Lot in the Catalogue which is in bold assessments, and all estimated payments thereof, including without
letters, any photograph (except for the colour) and the contents of limitation income, business profits, branch profits, excise, property,
any Condition Report) to which the Seller undertakes in the Contract sales, use, value added (VAT), environmental, franchise, customs,
of Sale the Lot corresponds. import, payroll, transfer, gross receipts, withholding, social security,
“Description” any statement or representation in any way descriptive unemployment taxes, as well as stamp duties and other costs,
of the Lot, including any statement or representation relating to its imposed by the Hong Kong government applicable from time to time
authorship, attribution, condition, provenance, authenticity, style, and any interest and penalty relating to such taxes, charges, fees,
period, age, suitability, quality, origin, value, estimated selling price levies or other assessments.
(including the Hammer Price). “Terrorism” means any act or threatened act of terrorism, whether
“Entry” a written statement in the Catalogue identifying the Lot and any person is acting alone or on behalf of or in connection with any
its lot number which may contain a description and illustration(s) organisation(s) and/or government(s), committed for political, religious
relating to the Lot. or ideological or similar purposes including, but not limited to, the
“Estimate” a statement of our opinion of the range within which the intention to influence any government and/or put the public or any
hammer is likely to fall. section of the public into fear.
HK/NTB/MAIN/11.2020
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