Page 261 - Bonhams May 16, 2019 London Asian Art

8 FAILURE TO PAY FOR THE LOT 9 THE SELLER’S LIABILITY 10.3 If either party to the Contract for Sale is prevented APPENDIX 2 3 PAYMENT 4.4 If you have not collected the Lot by the date
from performing that party’s respective obligations specified in the Notice to Bidders, you authorise us,
8.1 If the Purchase Price for a Lot is not paid to 9.1 The Seller will not be liable for any injury, loss or under the Contract for Sale by circumstances BUYER’S AGREEMENT 3.1 Unless agreed in writing between you and us or as acting as your agent and on your behalf, to enter
Bonhams in full in accordance with the Contract for damage caused by the Lot after the fall of the beyond its reasonable control or if performance of its otherwise set out in the Notice to Bidders, you must into a contract (the “Storage Contract”) with the
Sale the Seller will be entitled, with the prior written Auctioneer’s hammer in respect of the Lot. obligations would by reason of such circumstances IMPORTANT: These terms may be changed in advance of pay to us by not later than 4.30pm on the second Storage Contractor for the storage of the Lot on the
agreement of Bonhams but without further notice to give rise to a significantly increased financial the Sale of the Lot to you, by the setting out of different terms working day following the Sale: then current standard terms and conditions agreed
you, to exercise one or more of the following rights 9.2 Subject to paragraph 9.3 below, except for breach of cost to it, that party will not, for so long as such in the Catalogue for the Sale and/or by placing an insert in the between Bonhams and the Storage Contractor
(whether through Bonhams or otherwise): the express undertaking provided in paragraph 2.1.5, circumstances prevail, be required to perform such Catalogue and/or by notices at the Sale venue and/or by oral 3.1.1 the Purchase Price for the Lot; (copies of which are available on request). If the Lot
the Seller will not be liable for any breach of any term obligations. This paragraph does not apply to the announcements before and during the Sale at the Sale venue. is stored at our premises storage fees at our current
8.1.1 to terminate immediately the Contract for Sale of the that the Lot will correspond with any Description obligations imposed on you by paragraph 6. You should be alert to this possibility of changes and ask in 3.1.2 a Buyer’s Premium in accordance with the rates set daily rates (currently a minimum of £3 plus VAT per
Lot for your breach of contract; applied to it by or on behalf of the Seller, whether advance of bidding if there have been any. out in the Notice to Bidders on each lot, and Lot per day) will be payable from the expiry of the
implied by the Sale of Goods Act 1979 or otherwise. 10.4 Any notice or other communication to be given period referred to in paragraph 4.2. These storage
8.1.2 to resell the Lot by auction, private treaty or any under the Contract for Sale must be in writing and 1 THE CONTRACT 3.1.3 if the Lot is marked [ AR ], an Additional Premium fees form part of our Expenses.
other means on giving seven days’ written notice to 9.3 Unless the Seller sells the Lot in the course of a may be delivered by hand or sent by first class which is calculated and payable in accordance with
you of the intention to resell; Business and the Buyer buys it as a Consumer, post or air mail or fax transmission, if to the Seller, 1.1 These terms govern the contract between Bonhams the Notice to Bidders together with VAT on that sum 4.5 Until you have paid the Purchase Price and any
addressed c/o Bonhams at its address or fax personally and the Buyer, being the person to whom if applicable so that all sums due to us are cleared Expenses in full the Lot will either be held by us as
8.1.3 to retain possession of the Lot; 9.3.1 the Seller will not be liable (whether in negligence, number in the Catalogue (marked for the attention of a Lot has been knocked down by the Auctioneer. funds by the seventh working day after the Sale. agent on behalf of the Seller or held by the Storage
other tort, breach of contract or statutory duty or in the Company Secretary), and if to you to the address Contractor as agent on behalf of the Seller and
8.1.4 to remove and store the Lot at your expense; restitution or under the Misrepresentation Act 1967, or fax number of the Buyer given in the Bidding Form 1.2 The Definitions and Glossary contained in Appendix 3.2 You must also pay us on demand any Expenses ourselves on the terms contained in the Storage
or in any other way) for any lack of conformity with, (unless notice of any change of address is given in 3 to the Catalogue for the Sale are incorporated payable pursuant to this agreement. Contract.
8.1.5 to take legal proceedings against you for any sum or inaccuracy, error, misdescription or omission in writing). It is the responsibility of the sender of the into this agreement and a separate copy can also
due under the Contract for Sale and/or damages for any Description of the Lot or any Entry or Estimate in notice or communication to ensure that it is received be provided by us on request. Where words and 3.3 All payments to us must be made in the currency 4.6 You undertake to comply with the terms of any
breach of contract; relation to the Lot made by or on behalf of the Seller in a legible form within any applicable time period. phrases which are defined in the List of Definitions in which the Sale was conducted, using, unless Storage Contract and in particular to pay the
(whether made in writing, including in the Catalogue, are used in this agreement, they are printed in italics. otherwise agreed by us in writing, one of the charges (and all costs of moving the Lot into storage)
8.1.6 to be paid interest on any monies due (after as well or on the Website, or orally, or by conduct or 10.5 If any term or any part of any term of the Contract Reference is made in this agreement to information methods of payment set out in the Notice to due under any Storage Contract. You acknowledge
as before judgement or order) at the annual rate otherwise) and whether made before or after this for Sale is held to be unenforceable or invalid, printed in the Notice to Bidders, printed in the Bidders. Our invoices will only be addressed to the and agree that you will not be able to collect the Lot
of 5% per annum above the base rate of National agreement or prior to or during the Sale; such unenforceability or invalidity will not affect the Catalogue for the Sale, and where such information registered Bidder unless the Bidder is acting as an from the Storage Contractor’s premises until you
Westminster Bank Plc from time to time to be enforceability and validity of the remaining terms or is referred to it is incorporated into this agreement. agent for a named principal and we have approved have paid the Purchase Price, any Expenses and all
calculated on a daily basis from the date upon which 9.3.2 the Seller will not be liable for any loss of Business, the remainder of the relevant term. that arrangement, in which case we will address the charges due under the Storage Contract.
such monies become payable until the date of actual Business profits or revenue or income or for loss of 1.3 Except as specified in paragraph 4 of the Notice to invoice to the principal.
payment; reputation or for disruption to Business or wasted 10.6 References in the Contract for Sale to Bonhams will, Bidders the Contract for Sale of the Lot between you 4.7 You will be wholly responsible for packing, handling
time on the part of the Buyer or of the Buyer’s where appropriate, include reference to Bonhams’ and the Seller is made on the fall of the Auctioneer’s 3.4 Unless otherwise stated in this agreement all and transport of the Lot on collection and for
8.1.7 to repossess the Lot (or any part thereof) which has management or staff or, for any indirect losses or officers, employees and agents. hammer in respect of the Lot, when it is knocked sums payable to us will be subject to VAT at the complying with all import or export regulations in
not become your property, and for this purpose consequential damages of any kind, irrespective in down to you. At that moment a separate contract is appropriate rate and VAT will be payable by you on connection with the Lot.
(unless the Buyer buys the Lot as a Consumer from any case of the nature, volume or source of the loss 10.7 The headings used in the Contract for Sale are for also made between you and Bonhams on the terms all such sums.
the Seller selling in the course of a Business) you or damage alleged to be suffered, and irrespective convenience only and will not affect its interpretation. in this Buyer’s Agreement. 4.8 You will be wholly responsible for any removal,
hereby grant an irrevocable licence to the Seller by of whether the said loss or damage is caused by 3.5 We may deduct and retain for our own benefit from storage, or other charges for any Lot not removed
himself and to his servants or agents to enter upon or claimed in respect of any negligence, other tort, 10.8 In the Contract for Sale “including” means “including, 1.4 We act as agents for the Seller and are not the monies paid by you to us the Buyer’s Premium, in accordance with paragraph 4.2, payable at our
all or any of your premises (with or without vehicles) breach of contract, statutory duty, restitutionary claim without limitation”. answerable or personally responsible to you for any the Commission payable by the Seller in respect current rates, and any Expenses we incur (including
during normal Business hours to take possession of or otherwise; breach of contract or other default by the Seller, of the Lot, any Expenses and VAT and any interest any charges due under the Storage Contract), all of
the Lot or part thereof; 10.9 References to the singular will include reference to unless Bonhams sells the Lot as principal. earned and/or incurred until payment to the Seller. which must be paid by you on demand and in any
9.3.3 in any circumstances where the Seller is liable to the plural (and vice versa) and reference to any one event before any collection of the Lot by you or on
8.1.8 to retain possession of any other property sold to you in respect of the Lot, or any act, omission, gender will include reference to the other genders. 1.5 Our personal obligations to you are governed by 3.6 Time will be of the essence in relation to any your behalf.
you by the Seller at the Sale or any other auction statement, or representation in respect of it, or this agreement and we agree, subject to the terms payment payable to us. If you do not pay the
or by private treaty until all sums due under the this agreement or its performance, and whether in 10.10 Reference to a numbered paragraph is to a below, to the following obligations: Purchase Price, or any other sum due to us in 5 STORING THE LOT
Contract for Sale shall have been paid in full in damages, for an indemnity or contribution or for paragraph of the Contract for Sale. accordance with this paragraph 3, we will have the
cleared funds; a restitutionary remedy or in any way whatsoever, 1.5.1 we will, until the date and time specified in the Notice rights set out in paragraph 7 below. We agree to store the Lot until the earlier of your
the Seller’s liability will be limited to payment of a 10.11 Save as expressly provided in paragraph 10.12 to Bidders or otherwise notified to you, store the Lot removal of the Lot or until the time and date set out
8.1.9 to retain possession of, and on seven days written sum which will not exceed by way of maximum the nothing in the Contract for Sale confers (or purports in accordance with paragraph 5; 3.7 Where a number of Lots have been knocked down in the Notice to Bidders, on the Sale Information
notice to sell, Without Reserve, any of your other amount of the Purchase Price of the Lot irrespective to confer) on any person who is not a party to the to you, any monies we receive from you will be Page or at the back of the catalogue (or if no date
property in the possession of the Seller and/or of in any case of the nature, volume or source of Contract for Sale any benefit conferred by, or the 1.5.2 subject to any power of the Seller or us to refuse to applied firstly pro-rata to pay the Purchase Price of is specified, by 4.30pm on the seventh day after the
Bonhams (as bailee for the Seller) for any purpose any loss or damage alleged to be suffered or sum right to enforce any term of, the Contract for Sale. release the Lot to you, we will release the Lot to you each Lot and secondly pro-rata to pay all amounts Sale) and, subject to paragraphs 6 and 10, to be
(including, without limitation, other goods sold to claimed as due, and irrespective of whether the in accordance with paragraph 4 once you have paid due to Bonhams. responsible as bailee to you for damage to or the
you) and to apply any monies due to you as a result liability arises from any negligence, other tort, breach 10.12 Where the Contract for Sale confers an immunity to us, in cleared funds, everything due to us and the loss or destruction of the Lot (notwithstanding that it
of such Sale in satisfaction or part satisfaction of any of contract, statutory duty, bailee’s duty, restitutionary from, and/or an exclusion or restriction of, the Seller; 4 COLLECTION OF THE LOT is not your property before payment of the Purchase
amounts owed to the Seller or to Bonhams; and claim or otherwise. responsibility and/or liability of the Seller, it will also Price). If you do not collect the Lot before the time
operate in favour and for the benefit of Bonhams, 1.5.3 we will provide guarantees in the terms set out in 4.1 Subject to any power of the Seller or us to refuse and date set out in the Notice to Bidders (or if no
8.1.10 so long as such goods remain in the possession 9.4 Nothing set out in paragraphs 9.1 to 9.3 above will Bonhams’ holding company and the subsidiaries paragraphs 9 and 10. to release the Lot to you, once you have paid to us, date is specified, by 4.30pm on the seventh day
of the Seller or Bonhams as its bailee, to rescind be construed as excluding or restricting (whether of such holding company and the successors and in cleared funds, everything due to the Seller and after the Sale) we may remove the Lot to another
the contract for the Sale of any other goods sold to directly or indirectly) any person’s liability or excluding assigns of Bonhams and of such companies and of 1.6 We do not make or give and do not agree to make to us, we will release the Lot to you or as you may location, the details of which will usually be set out
you by the Seller at the Sale or at any other auction or restricting any person’s rights or remedies in any officer, employee and agent of Bonhams and or give any contractual promise, undertaking, direct us in writing. The Lot will only be released on in the relevant section of the Catalogue. If you have
or by private treaty and apply any monies received respect of (i) fraud, or (ii) death or personal injury such companies, each of whom will be entitled to obligation, Guarantee, warranty, representation of production of a buyer collection document, obtained not paid for the Lot in accordance with paragraph 3,
from you in respect of such goods in part or full caused by the Seller’s negligence (or any person rely on the relevant immunity and/or exclusion and/or fact in relation to any Description of the Lot or any from our cashier’s office. and the Lot is moved to any third party’s premises,
satisfaction of any amounts owed to the Seller or to under the Seller’s control or for whom the Seller is restriction within and for the purposes of Contracts Estimate in relation to it, nor of the accuracy or the Lot will be held by such third party strictly to
Bonhams by you. legally responsible), or (iii) acts or omissions for which (Rights of Third Parties) Act 1999, which enables the completeness of any Description or Estimate which 4.2 You must collect and remove the Lot at your own Bonhams’ order and we will retain our lien over the
the Seller is liable under the Occupiers Liability Act benefit of a contract to be extended to a person who may have been made by us or on our behalf or by expense by the date and time specified in the Notice Lot until we have been paid in full in accordance with
8.2 You agree to indemnify the Seller against all legal 1957, or (iv) any other liability to the extent the same is not a party to the contract, and generally at law. or on behalf of the Seller (whether made orally or in to Bidders, or if no date is specified, by 4.30pm on paragraph 3.
and other costs of enforcement, all losses and other may not be excluded or restricted as a matter of law. writing, including in the Catalogue or on Bonhams’ the seventh day after the Sale.
Expenses and costs (including any monies payable 11 GOVERNING LAW Website, or by conduct, or otherwise), and whether 6 RESPONSIBILITY FOR THE LOT
to Bonhams in order to obtain the release of the 10 MISCELLANEOUS made before or after this agreement or prior to or 4.3 For the period referred to in paragraph 4.2, the Lot
Lot) incurred by the Seller (whether or not court All transactions to which the Contract for Sale during the Sale. No such Description or Estimate is can be collected from the address referred to in the 6.1 Only on the payment of the Purchase Price to us
proceedings will have been issued) as a result of 10.1 You may not assign either the benefit or burden of applies and all connected matters will be governed incorporated into this agreement between you and Notice to Bidders for collection on the days and will title in the Lot pass to you. However under the
Bonhams taking steps under this paragraph 8 on the Contract for Sale. by and construed in accordance with the laws of us. Any such Description or Estimate, if made by us times specified in the Notice to Bidders. Thereafter, Contract for Sale, the risk in the Lot passed to you
a full indemnity basis together with interest thereon that part of the United Kingdom where the Sale or on our behalf, was (unless Bonhams itself sells the Lot may be removed elsewhere for storage and when it was knocked down to you.
(after as well as before judgement or order) at the 10.2 The Seller’s failure or delay in enforcing or exercising takes place and the Seller and you each submit to the Lot as principal) made as agent on behalf of the you must enquire from us as to when and where you
rate specified in paragraph 8.1.6 from the date upon any power or right under the Contract for Sale will the exclusive jurisdiction of the courts of that part Seller. can collect it, although this information will usually be 6.2 You are advised to obtain insurance in respect of the
which the Seller becomes liable to pay the same until not operate or be deemed to operate as a waiver of of the United Kingdom, save that the Seller may set out in the Notice to Bidders. Lot as soon as possible after the Sale.
payment by you. his rights under it except to the extent of any express bring proceedings against you in any other court of 2 PERFORMANCE OF THE CONTRACT FOR
waiver given to you in writing. Any such waiver will competent jurisdiction to the extent permitted by SALE
8.3 On any resale of the Lot under paragraph 8.1.2, the not affect the Seller’s ability subsequently to enforce the laws of the relevant jurisdiction. Bonhams has a
Seller will account to you in respect of any balance any right arising under the Contract for Sale. complaints procedure in place. You undertake to us personally that you will
remaining from any monies received by him or on observe and comply with all your obligations and
his behalf in respect of the Lot, after the payment of undertakings to the Seller under the Contract for
all sums due to the Seller and to Bonhams, within Sale in respect of the Lot.
28 days of receipt of such monies by him or on his
behalf.
NTB/MAIN/3.2019 NTB/MAIN/3.2019