Page 71 - Bonhams Chinese Art July 11 2018

10.3.1 We will not be liable to you for any loss of Business, the Entry in the Catalogue in respect of the Lot 12.7 The headings used in this agreement are for “Bidder” a person who has completed a Bidding Form. “Loss and Damage Warranty” means the warranty described “artist’s resale right”: the right of the creator of a work of art
Business profits, revenue or income or for loss of reflected the then accepted general opinion of convenience only and will not affect its interpretation. “Bidding Form” our Bidding Registration Form, our Absentee in paragraph 8.2 of the Conditions of Business. to receive a payment on Sales of that work subsequent to the
Business reputation or for disruption to Business or scholars and experts or fairly indicated that there Bidding Form or our Telephone Bidding Form. “Loss and Damage Warranty Fee” means the fee described original Sale of that work by the creator of it as set out in the
wasted time on the part of the Buyer’s management was a conflict of such opinion; or 12.8 In this agreement “including” means “including, “Bonhams” Bonhams 1793 Limited or its successors or in paragraph 8.2.3 of the Conditions of Business. Artists Resale Right Regulations 2006.
or staff or, if you are buying the Lot in the course of without limitation”. assigns. Bonhams is also referred to in the Buyer’s Agreement, “Lot” any item consigned to Bonhams with a view to its Sale “bailee”: a person to whom goods are entrusted.
a Business, for any indirect losses or consequential it can be established that the Lot is a non- the Conditions of Business and the Notice to Bidders by the at auction or by private treaty (and reference to any Lot will “indemnity”: an obligation to put the person who has the
damages of any kind, irrespective in any case of conforming Lot only by means of a process not 12.9 References to the singular will include reference to words “we”, “us” and “our”. include, unless the context otherwise requires, reference to benefit of the indemnity in the same position in which he would
the nature, volume or source of the loss or damage generally accepted for use until after the date on the plural (and vice versa) and reference to any one “Book” a printed Book offered for Sale at a specialist Book individual items comprised in a group of two or more items have been, had the circumstances giving rise to the indemnity
alleged to be suffered, and irrespective of whether which the Catalogue was published or by means gender will include reference to the other genders. Sale. offered for Sale as one Lot). not arisen and the expression “indemnify” is construed
the said loss or damage is caused by or claimed of a process which it was unreasonable in all the “Business” includes any trade, Business and profession. “Motoring Catalogue Fee” a fee payable by the Seller to accordingly.
in respect of any negligence, other tort, breach of circumstances for us to have employed; or 12.10 Reference to a numbered paragraph is to a “Buyer” the person to whom a Lot is knocked down by the Bonhams in consideration of the additional work undertaken “interpleader proceedings”: proceedings in the Courts to
contract, statutory duty, bailee’s duty, a restitutionary paragraph of this agreement. Auctioneer. The Buyer is also referred to in the Contract for by Bonhams in respect of the cataloguing of motor vehicles determine ownership or rights over a Lot.
claim or otherwise. the Lot comprises atlases, maps, autographs, Sale and the Buyer’s Agreement by the words “you” and and in respect of the promotion of Sales of motor vehicles. “knocked down”: when a Lot is sold to a Bidder, indicated by
manuscripts, extra illustrated books, music or 12.11 Save as expressly provided in paragraph 12.12 “your”. “New Bond Street” means Bonhams’ saleroom at 101 New the fall of the hammer at the Sale.
10.3.2 Unless you buy the Lot as a Consumer, in any periodical publications; or nothing in this agreement confers (or purports to “Buyer’s Agreement” the contract entered into by Bonhams Bond Street, London W1S 1SR. “lien”: a right for the person who has possession of the Lot to
circumstances where we are liable to you in confer) on any person who is not a party to this with the Buyer (see Appendix 2 in the Catalogue). “Notional Charges” the amount of Commission and VAT retain possession of it.
respect of a Lot, or any act, omission, statement, the Lot was listed in the Catalogue under agreement any benefit conferred by, or the right to “Buyer’s Premium” the sum calculated on the Hammer Price which would have been payable if the Lot had been sold at the “risk”: the possibility that a Lot may be lost, damaged,
representation in respect of it, or this agreement “collections” or “collections and various” or the Lot enforce any term of, this agreement. at the rates stated in the Notice to Bidders. Notional Price. destroyed, stolen, or deteriorate in condition or value.
or its performance, and whether in damages, for was stated in the Catalogue to comprise or contain a “Catalogue” the Catalogue relating to the relevant Sale, “Notional Fee” the sum on which the Consignment Fee “title”: the legal and equitable right to the ownership of a Lot.
an indemnity or contribution or for a restitutionary collection, issue or Books which are undescribed or 12.12 Where this agreement confers an immunity including any representation of the Catalogue published on payable to Bonhams by the Seller is based and which is “tort”: a legal wrong done to someone to whom the wrong
remedy or in any way whatsoever, our liability will be the missing text or illustrations are referred to or the from, and/or an exclusion or restriction of, the our Website. calculated according to the formula set out in the Conditions doer has a duty of care.
limited to payment of a sum which will not exceed relevant parts of the Book contain blanks, half titles responsibility and/or liability of Bonhams, it will also “Commission” the Commission payable by the Seller to of Business.
by way of maximum the amount of the Purchase or advertisements. operate in favour and for the benefit of Bonhams’ Bonhams calculated at the rates stated in the Contract Form. “Notional Price” the latest in time of the average of the SALE OF GOODS ACT 1979
Price of the Lot plus Buyer’s Premium (less any holding company and the subsidiaries of such “Condition Report” a report on the physical condition of a Lot high and low Estimates given by us to you or stated in the
sum you may be entitled to recover from the Seller) If we are reasonably satisfied that a Lot is a non- holding company and the successors and assigns provided to a Bidder or potential Bidder by Bonhams on behalf Catalogue or, if no such Estimates have been given or stated, The following is an extract from the Sale of Goods Act 1979:
irrespective in any case of the nature, volume or conforming Lot, we will (as principal) purchase the of Bonhams and of such companies and of any of the Seller. the Reserve applicable to the Lot.
source of any loss or damage alleged to be suffered Lot from you and you will transfer the title to the Lot officer, employee and agent of Bonhams and such “Conditions of Sale” the Notice to Bidders, Contract for Sale, “Notice to Bidders” the notice printed at the back or front of “Section 12 Implied terms about title, etc
or sum claimed as due, and irrespective of whether in question to us, with full title guarantee, free from companies, each of whom will be entitled to rely Buyer’s Agreement and Definitions and Glossary. our Catalogues.
the liability arises from negligence, other tort, any liens, charges, encumbrances and adverse on the relevant immunity and/or exclusion and/or “Consignment Fee” a fee payable to Bonhams by the Seller “Purchase Price” the aggregate of the Hammer Price and (1) In a contract of sale, other than one to which subsection
breach of contract, statutory duty, bailee’s duty, a claims and we will pay to you an amount equal to restriction within and for the purposes of Contracts calculated at rates set out in the Conditions of Business. VAT on the Hammer Price (where applicable), the Buyer’s (3) below applies, there is an implied term on the part of
restitutionary claim or otherwise. the sum of the Purchase Price and Buyer’s Premium (Rights of Third Parties) Act 1999, which enables the “Consumer” a natural person who is acting for the relevant Premium and VAT on the Buyer’s Premium and any Expenses. the seller that in the case of a sale he has a right to sell
paid by you in respect of the Lot. benefit of a contract to be extended to a person who purpose outside his trade, Business or profession. “Reserve” the minimum price at which a Lot may be sold the goods, and in the case of an agreement to sell he
You may wish to protect yourself against loss by is not a party to the contract, and generally at law. “Contract Form” the Contract Form, or vehicle Entry form, as (whether at auction or by private treaty). will have such a right at the time when the property is to
obtaining insurance. The benefit of paragraph 10 is personal to, and applicable, signed by or on behalf of the Seller listing the Lots “Sale” the auction Sale at which a Lot is to be offered for Sale pass.
incapable of assignment by, you and if you sell or 13 GOVERNING LAW to be offered for Sale by Bonhams. by Bonhams.
10.4 Nothing set out above will be construed as excluding otherwise dispose of your interest in the Lot, all rights “Contract for Sale” the Sale contract entered into by the “Sale Proceeds” the net amount due to the Seller from the (2) In a contract of sale, other than one to which subsection
or restricting (whether directly or indirectly) any and benefits under this paragraph will cease. All transactions to which this agreement applies Seller with the Buyer (see Appendix 1 in the Catalogue). Sale of a Lot, being the Hammer Price less the Commission, (3) below applies, there is also an implied term that-
person’s liability or excluding or restricting any and all connected matters will be governed by and “Contractual Description” the only Description of the Lot any VAT chargeable thereon, Expenses and any other amount
person’s rights or remedies in respect of (i) fraud, or 12 MISCELLANEOUS construed in accordance with the laws of that part (being that part of the Entry about the Lot in the Catalogue due to us in whatever capacity and howsoever arising. (a) the goods are free, and will remain free until
(ii) death or personal injury caused by our negligence of the United Kingdom where the Sale takes (or which is in bold letters, any photograph (except for the colour) “Seller” the person who offers the Lot for Sale named on the time when the property is to pass, from any
(or any person under our control or for whom we 12.1 You may not assign either the benefit or burden of is to take) place and we and you each submit to and the contents of any Condition Report) to which the Seller the Contract Form. Where the person so named identifies on charge or encumbrance not disclosed or known
are legally responsible), or (iii) acts or omissions for this agreement. the exclusive jurisdiction of the courts of that part undertakes in the Contract of Sale the Lot corresponds. the form another person as acting as his agent, or where the to the buyer before the contract is made, and
which we are liable under the Occupiers Liability Act of the United Kingdom, save that we may bring “Description” any statement or representation in any person named on the Contract Form acts as an agent for a
1957, or (iv) any other liability to the extent the same 12.2 Our failure or delay in enforcing or exercising any proceedings against you in any other court of way descriptive of the Lot, including any statement or principal (whether such agency is disclosed to Bonhams or (b) the buyer will enjoy quiet possession of the
may not be excluded or restricted as a matter of law, power or right under this agreement will not operate competent jurisdiction to the extent permitted by representation relating to its authorship, attribution, condition, not), “Seller” includes both the agent and the principal who goods except in so far as it may be disturbed by
or (v) under our undertaking in paragraph 9 of these or be deemed to operate as a waiver of our rights the laws of the relevant jurisdiction. Bonhams has a provenance, authenticity, style, period, age, suitability, quality, shall be jointly and severally liable as such. The Seller is also the owner or other person entitled to the benefit
conditions. under it except to the extent of any express waiver complaints procedure in place. origin, value, estimated selling price (including the Hammer referred to in the Conditions of Business by the words “you” of any charge or encumbrance so disclosed or
given to you in writing. Any such waiver will not affect Price). and “your”. known.
11 BOOKS MISSING TEXT OR ILLUSTRATIONS our ability subsequently to enforce any right arising DATA PROTECTION – USE OF YOUR INFORMATION “Entry” a written statement in the Catalogue identifying the “Specialist Examination” a visual examination of a Lot by a
under this agreement. Lot and its Lot number which may contain a Description and specialist on the Lot. (3) This subsection applies to a contract of sale in the
Where the Lot is made up wholly of a Book or Books Where we obtain any personal information about you, we illustration(s) relating to the Lot. “Stamp” means a postage Stamp offered for Sale at a case of which there appears from the contract or is
and any Book does not contain text or illustrations (in 12.3 If either party to this agreement is prevented from shall only use it in accordance with the terms of our Privacy “Estimate” a statement of our opinion of the range within Specialist Stamp Sale. to be inferred from its circumstances an intention that
either case referred to as a “non-conforming Lot”), performing that party’s respective obligations Policy (subject to any additional specific consent(s) you may which the hammer is likely to fall. “Standard Examination” a visual examination of a Lot by a the seller should transfer only such title as he or a third
we undertake a personal responsibility for such a under this agreement by circumstances beyond its have given at the time your information was disclosed). A “Expenses” charges and Expenses paid or payable by non-specialist member of Bonhams’ staff. person may have.
non-conforming Lot in accordance with the terms of reasonable control or if performance of its obligations copy of our Privacy Policy can be found on our Website www. Bonhams in respect of the Lot including legal Expenses, “Storage Contract” means the contract described in
this paragraph, if: would by reason of such circumstances give rise bonhams.com or requested by post from Customer Services banking charges and Expenses incurred as a result of paragraph 8.3.3 of the Conditions of Business or paragraph (4) In a contract to which subsection (3) above applies there
to a significantly increased financial cost to it, that Department, 101 New Bond Street, London W1S 1SR, United an electronic transfer of money, charges and Expenses 4.4 of the Buyer’s Agreement (as appropriate). is an implied term that all charges or encumbrances
the original invoice was made out by us to you in party will not, for so long as such circumstances Kingdom or by email from info@bonhams.com. for loss and damage cover, insurance, Catalogue and “Storage Contractor” means the company identified as such known to the seller and not known to the buyer have
respect of the Lot and that invoice has been paid; prevail, be required to perform such obligations. This other reproductions and illustrations, any customs duties, in the Catalogue. been disclosed to the buyer before the contract is
and paragraph does not apply to the obligations imposed APPENDIX 3 advertising, packing or shipping costs, reproductions rights’ “Terrorism” means any act or threatened act of terrorism, made.
on you by paragraph 3. fees, taxes, levies, costs of testing, searches or enquiries, whether any person is acting alone or on behalf of or in
you notify us in writing as soon as reasonably DEFINITIONS AND GLOSSARY preparation of the Lot for Sale, storage charges, removal connection with any organisation(s) and/or government(s), (5) In a contract to which subsection (3) above applies
practicable after you have become aware that the 12.4 Any notice or other communication to be given charges, removal charges or costs of collection from the Seller committed for political, religious or ideological or similar there is also an implied term that none of the following
Lot is or may be a non-conforming Lot, and in any under this agreement must be in writing and may Where these Definitions and Glossary are incorporated, the as the Seller’s agents or from a defaulting Buyer, plus VAT if purposes including, but not limited to, the intention to influence will disturb the buyer’s quiet possession of the goods,
event within 20 days after the Sale (or such longer be delivered by hand or sent by first class post or following words and phrases used have (unless the context applicable. any government and/or put the public or any section of the namely:
period as we may agree in writing) that the Lot is a air mail or fax transmission (if to Bonhams marked otherwise requires) the meanings given to them below. The “Forgery” an imitation intended by the maker or any other public into fear.
non-conforming Lot; and for the attention of the Company Secretary), to the Glossary is to assist you to understand words and phrases person to deceive as to authorship, attribution, origin, “Trust Account” the bank account of Bonhams into which all (a) the seller;
address or fax number of the relevant party given which have a specific legal meaning with which you may not authenticity, style, date, age, period, provenance, culture, sums received in respect of the Purchase Price of any
within 20 days of the date of the relevant Sale (or in the Contract Form (unless notice of any change be familiar. source or composition, which at the date of the Sale had a Lot will be paid, such account to be a distinct and separate (b) in a case where the parties to the contract intend
such longer period as we may agree in writing) you of address is given in writing). It is the responsibility value materially less than it would have had if the Lot had not account to Bonhams’ normal business bank account. that the seller should transfer only such title as a
return the Lot to us in the same condition as it was of the sender of the notice or communication to LIST OF DEFINITIONS been such an imitation, and which is not stated to be such “VAT” value added tax at the prevailing rate at the date of the third person may have, that person;
at the time of the Sale, accompanied by written ensure that it is received in a legible form within any an imitation in any description of the Lot. A Lot will not be a Sale in the United Kingdom.
evidence that the Lot is a non-conforming Lot and applicable time period. “Additional Premium” a premium, calculated in accordance Forgery by reason of any damage to, and/or restoration and/ “Website” Bonhams Website at www.bonhams.com (c) anyone claiming through or under the seller or
details of the Sale and Lot number sufficient to with the Notice to Bidders, to cover Bonhams’ Expenses or modification work (including repainting or over painting) “Withdrawal Notice” the Seller’s written notice to Bonhams that third person otherwise than under a charge
identify the Lot. 12.5 If any term or any part of any term of this agreement relating to the payment of royalties under the Artists Resale having been carried out on the Lot, where that damage, revoking Bonhams’ instructions to sell a Lot. or encumbrance disclosed or known to the buyer
is held to be unenforceable or invalid, such Right Regulations 2006 which is payable by the Buyer to restoration or modification work (as the case may be) does not “Without Reserve” where there is no minimum price at which before the contract is made.
but not if: unenforceability or invalidity will not affect the Bonhams on any Lot marked [AR] which sells for a Hammer substantially affect the identity of the Lot as one conforming to a Lot may be sold (whether at auction or by private treaty).
enforceability and validity of the remaining terms or Price which together with the Buyer’s Premium (but excluding the Description of the Lot. (5A) As regards England and Wales and Northern Ireland, the
the Entry in the Catalogue in respect of the Lot the remainder of the relevant term. any VAT) equals or exceeds 1000 euros (converted into “Guarantee” the obligation undertaken personally by GLOSSARY term implied by subsection (1) above is a condition and
indicates that the rights given by this paragraph do the currency of the Sale using the European Central Bank Bonhams to the Buyer in respect of any Forgery and, in the the terms implied by subsections (2), (4) and (5) above
not apply to it; or 12.6 References in this agreement to Bonhams will, where Reference rate prevailing on the date of the Sale). case of specialist Stamp Sales and/or specialist Book Sales, a The following expressions have specific legal meanings with are warranties.”
appropriate, include reference to Bonhams’ officers, “Auctioneer” the representative of Bonhams conducting Lot made up of a Stamp or Stamps or a Book or Books as set which you may not be familiar. The following glossary is
employees and agents. the Sale. out in the Buyer’s Agreement. intended to give you an understanding of those expressions
“Hammer Price” the price in the currency in which the Sale is but is not intended to limit their legal meanings:
conducted at which a Lot is knocked down by the Auctioneer.
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