Page 264 - Bonhams May 16, 2019 London Asian Art

“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 Bonhams Specialist Departments
“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
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
“Bonhams” Bonhams 1793 Limited or its successors or in paragraph 8.2.3 of the Conditions of Business. Artists Resale Right Regulations 2006.
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.
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
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 19th Century Paintings Australian Colonial Furniture Chinese Paintings Golf Sporting Mechanical Music Museum Services Russian Art Client Services Departments
“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 London and Australiana Hong Kong Memorabilia London San Francisco London
Sale. offered for Sale as one Lot). not arisen and the expression “indemnify” is construed Charles O’ Brien +61 2 8412 2222 Iris Miao, Edinburgh Jon Baddeley Laura King Pfaff Daria Khristova
“Business” includes any trade, Business and profession. “Motoring Catalogue Fee” a fee payable by the Seller to accordingly. +44 20 7468 8360 +852 3607 0011 Kevin McGimpsey +44 20 7393 3872 +1 415 503 3210 +44 20 7468 8334 U.S.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 New York Books, Maps & Manuscripts +44 131 240 2296 New York San Francisco
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. Madalina Lazen London Clocks Hamish Wilson Modern & Contemporary Native American Art Yelena Harbick (415) 861 7500
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 +1 212 644 9108 Matthew Haley London +44 131 240 0916 African Art San Francisco +1 212 644 9136
“your”. “New Bond Street” means Bonhams’ saleroom at 101 New the fall of the hammer at the Sale. +44 20 7393 3817 James Stratton London Ingmars Lindbergs (415) 861 8951 fax
“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 20th Century British Art New York +44 20 7468 8364 Irish Art Giles Peppiatt +1 415 503 3393 Scientific Instruments Monday - Friday, 9am to 5pm
with the Buyer (see Appendix 2 in the Catalogue). “Notional Charges” the amount of Commission and VAT retain possession of it. London Ian Ehling New York London + 44 20 7468 8355 London
“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, Matthew Bradbury +1 212 644 9094 Jonathan Snellenburg Penny Day New York Natural History Jon Baddeley Los Angeles
at the rates stated in the Notice to Bidders. Notional Price. destroyed, stolen, or deteriorate in condition or value. +44 20 7468 8295 Darren Sutherland +1 212 461 6530 +44 20 7468 8366 Hayley Grundy Los Angeles +44 20 7393 3872
“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. +1 212 461 6531 +1 917 206 1624 Claudia Florian New York (323) 850 7500
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 20th Century Fine Art Los Angeles Coins & Medals Impressionist & +1 323 436 5437 Jonathan Snellenburg (323) 850 6090 fax
our Website. calculated according to the formula set out in the Conditions doer has a duty of care. San Francisco Catherine Williamson London Modern Art Modern & Contemporary +1 310 469 8567 • +1 212 461 6530 Monday - Friday, 9am to 5pm
“Commission” the Commission payable by the Seller to of Business. Sonja Moro +1 323 436 5442 John Millensted London Middle Eastern Art Thomas E. Lindgren
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 +1 415 503 3412 San Francisco +44 20 7393 3914 India Phillips London +1 310 469 8567 • Scottish Pictures
“Condition Report” a report on the physical condition of a Lot high and low Estimates given by us to you or stated in the Adam Stackhouse Los Angeles +44 20 7468 8328 Nima Sagharchi Edinburgh New York
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: Aboriginal Art +1 415 503 3266 Paul Song New York +44 20 7468 8342 Old Master Pictures Chris Brickley (212) 644 9001
of the Seller. the Reserve applicable to the Lot. Australia +1 323 436 5455 Caitlyn Pickens London +44 131 240 2297 (212) 644 9009 fax
“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 Francesca Cavazzini British & European Glass +1 212 644 9135 Modern & Contemporary Andrew Mckenzie Monday - Friday, 9am to 5pm
Buyer’s Agreement and Definitions and Glossary. our Catalogues. +61 2 8412 2222 Entertainment South Asian Art +44 20 7468 8261 Silver & Gold Boxes
“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 London Memorabilia Los Angeles
John Sandon
Kathy Wong
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 African, Oceanic +44 20 7468 8244 +1 323 436 5415 London Los Angeles London Toll Free
Tahmina Ghaffar
Mark Fisher
Ellis Finch
“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 & Pre-Columbian Art London +44 207 468 8382 +1 323 436 5488 +44 20 7393 3973 (800) 223 2854
Katherine Schofield
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 British Ceramics +44 20 7393 3871 Indian, Himalayan &
“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 Los Angeles Southeast Asian Art Modern Decorative Orientalist Art Sporting Guns
Fredric W. Backlar
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. +1 323 436 5416 • London Los Angeles Art + Design U.K.
Catherine Williamson
John Sandon
to be offered for Sale by Bonhams. by Bonhams. +44 20 7468 8244 +1 323 436 5442 New York London London
Mark Rasmussen
Charles O’Brien
Patrick Hawes
“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 American Paintings Dana Hawkes +1 917 206 1688 London +44 20 7468 8360 +44 20 7393 3815 Monday to Friday 8.30 to 6.00
Mark Oliver
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- California & Western +1 978 283 1518 +44 20 7393 3856 +44 (0) 20 7447 7447
“Contractual Description” the only Description of the Lot any VAT chargeable thereon, Expenses and any other amount New York Hong Kong
(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 Jennifer Jacobsen Paintings & Sculpture Edward Wilkinson New York Photography Space History Bids
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 +1 917 206 1699 Los Angeles European Ceramics +852 2918 4321 Benjamin Walker New York San Francisco
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 Scot Levitt London +1 212 710 1306 Laura Paterson Adam Stackhouse +44 (0) 20 7447 7447
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 Antiquities +1 323 436 5425 Sebastian Kuhn Islamic & Indian Art Dan Tolson +1 917 206 1653 +1 415 503 3266 +44 (0) 20 7447 7401 fax
“Description” any statement or representation in any person named on the Contract Form acts as an agent for a London Kathy Wong +44 20 7468 8384 London +1 917 206 1611 Los Angeles & San Francisco To bid via the internet please
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 Francesca Hickin +1 323 436 5415 Oliver White Los Angeles Morisa Rosenberg Travel Pictures
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 +44 20 7468 8226 San Francisco European Paintings +44 20 7468 8303 Jason Stein +1 323 436 5435 London visit bonhams.com
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 Aaron Bastian London +1 323 436 5466 +1 415 503 3259 Veronique Scorer
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 Antique Arms & Armour +1 415 503 3241 Charles O’ Brien Japanese Art +44 20 7393 3962
Price). and “your”. known. London +44 20 7468 8360 London Motor Cars Post-War and
“Entry” a written statement in the Catalogue identifying the “Specialist Examination” a visual examination of a Lot by a David Williams Carpets New York Suzannah Yip London Contemporary Art Watches &
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 +44 20 7393 3807 London Madalina Lazen +44 20 7468 8368 Tim Schofield London Wristwatches
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 Helena Gumley-Mason +1 212 644 9108 New York +44 20 7468 5804 Ralph Taylor London
“Estimate” a statement of our opinion of the range within Specialist Stamp Sale. to be inferred from its circumstances an intention that Art Collections, +44 20 8393 2615 Los Angeles Jeff Olson New York +44 20 7447 7403 Jonathan Darracott
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 Estates & Valuations Mark Fisher +1 212 461 6516 Rupert Banner New York +44 20 7447 7412
“Expenses” charges and Expenses paid or payable by non-specialist member of Bonhams’ staff. person may have. London Chinese & Asian Art +1 323 436 5488 +1 212 461 6515 Muys Snijders, New York
Bonhams in respect of the Lot including legal Expenses, “Storage Contract” means the contract described in Harvey Cammell London Rocco Rich Jewellery Eric Minoff + 212 644 9020 Jonathan Snellenburg
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 +44 (0) 20 7468 8340 Asaph Hyman +1 323 436 5410 London +1 917 206 1630 Jeremy Goldsmith, +1 212 461 6530
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 New York +44 20 7468 5888 Jean Ghika Evan Ide + 1 917 206 1656 Hong Kong
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 Sherri Cohen Rosangela Assennato European Sculptures +44 20 7468 8282 +1 917 340 4657 Jacqueline Towers-Perkins, Tim Bourne
other reproductions and illustrations, any customs duties, in the Catalogue. been disclosed to the buyer before the contract is +1 917 206 1671 +44 20 7393 3883 & Works of Art Emily Barber Los Angeles +1 212 644 9039 +852 3607 0021
advertising, packing or shipping costs, reproductions rights’ “Terrorism” means any act or threatened act of terrorism, made. Los Angeles Edinburgh London +44 20 7468 8284 Jakob Greisen Lisa De Simone,
fees, taxes, levies, costs of testing, searches or enquiries, whether any person is acting alone or on behalf of or in Leslie Wright Ian Glennie Michael Lake New York +1 415 503 3284 +1 917 206 1607 Whisky
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 +1 323 436 5408 +44 131 240 2299 +44 20 8963 6813 Brett O’Connor Michael Caimano Los Angeles Edinburgh
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 Joseph Francaviglia New York +1 212 461 6525 +1 929 666 2243 Sharon Squires Martin Green
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, +1 323 436 5443 Bruce MacLaren Furniture and Decorative Art Caroline Morrissey San Francisco +1 323 436 5404 +44 131 225 2266
applicable. any government and/or put the public or any section of the namely: Lydia Ganley +1 917 206 1677 London +1 212 644 9046 Mark Osborne Laura Bjorstad Hong Kong
“Forgery” an imitation intended by the maker or any other public into fear. +1 323 436 4496 Los Angeles Thomas Moore Camille Barbier +1 415 503 3353 +1 323 436 5446 Daniel Lam
person to deceive as to authorship, attribution, origin, “Trust Account” the bank account of Bonhams into which all (a) the seller; San Francisco Rachel Du +44 20 8963 2816 +1 212 644 9035 Europe +852 2918 4321
authenticity, style, date, age, period, provenance, culture, sums received in respect of the Purchase Price of any Victoria Richardson +1 323 436 5587 Los Angeles Los Angeles Philip Kantor Prints and Multiples
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 +1 415 503 3207 Angela Past Dana Ehrman +32 476 879 471 Wine
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 Celeste Smith San Francisco +1 323 436 5422 +1 323 436 5407 London
Lucia Tro Santafe
Dessa Goddard
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; +1 415 503 3214 +1 415 503 3333 Anna Hicks Emily Waterfall Automobilia +44 20 7468 8262 London
Richard Harvey
an imitation in any description of the Lot. A Lot will not be a Sale in the United Kingdom. +1 323 436 5463 +1 323 436 5426 +44 20 7468 5811
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 Australian Art Hong Kong London New York
Deborah Ripley
Toby Wilson
Xibo Wang
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 +852 3607 0010 Greek Art San Francisco +44 20 8963 2842 +1 212 644 9059 San Francisco
Christine Ballard
Shannon Beck
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 Australia +1 415 503 3306 Adrian Pipiros +1 415 503 3221
Merryn Schriever
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. +61 2 8412 2222 Sydney London +44 20 8963 2840 Los Angeles
Morisa Rosenberg
Anastasia Orfanidou
Yvett Klein
substantially affect the identity of the Lot as one conforming to a Lot may be sold (whether at auction or by private treaty). Alex Clark +61 2 8412 2231 +44 20 7468 8356 Hong Kong +1 323 447 9374 Hong Kong
Daniel Lam
Paul Redmayne
the Description of the Lot. (5A) As regards England and Wales and Northern Ireland, the +61 3 8640 4088 +852 3607 0006
“Guarantee” the obligation undertaken personally by GLOSSARY term implied by subsection (1) above is a condition and Motorcycles +852 2918 4321
Bonhams to the Buyer in respect of any Forgery and, in the the terms implied by subsections (2), (4) and (5) above London
case of specialist Stamp Sales and/or specialist Book Sales, a The following expressions have specific legal meanings with are warranties.” Marine Art Ben Walker
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 London +44 20 8963 2819
out in the Buyer’s Agreement. intended to give you an understanding of those expressions Veronique Scorer James Stensel • Indicates independent contractor
“Hammer Price” the price in the currency in which the Sale is but is not intended to limit their legal meanings: +44 20 7393 3962 +44 20 8963 2818
conducted at which a Lot is knocked down by the Auctioneer. Los Angeles
Craig Mallery G-NET5/4/19
NTB/MAIN/3.2019 +1 323 436 5470