Page 88 - Bonhams asian Art Sydney May 2018
P. 88
as excluding or restricting (whether directly or indirectly) 2. A diamond brooch, signed Kutchinsky DATA PROTECTION - USE OF YOUR INFORMATION
our liability or excluding or restricting any person’s rights or Has a signature that, in Bonhams’ opinion, is authentic but may
remedies in respect of (i) fraud, or (ii) death or personal injury contain gemstones that are not original, or the piece may have As a result of the services provided by us, we obtain personal
caused by our negligence (or by the negligence of any person been altered. data about you (which expression for the purposes of this
under our control or for whom we are legally responsible), or (iii) paragraph only includes your employees and officers, if
any other liability to the extent the same may not be excluded 3. A diamond brooch, mounted by Kutchinsky relevant). You agree to our use of it as follows.
or restricted as a matter of law or (iv) our undertakings under Has been created by the jeweller, In Bonhams’ opinion, but
paragraphs 9 (in relation to specialist Stamp or Book Sales only) using stones or designs supplied by the client. We may use your data to notify you about changes to our
and 10 of the Buyer’s Agreement. The same applies in respect services and to provide you with information about products
of the Seller, as if references to us in this paragraph were 19. PHOTOGRAPHS or services that you request from us or which we feel may be
substituted with references to the Seller. of interest to you. Data about you may be analysed to identify
‘Bill Brandt’: in our opinion a work by the artist. your potential preferences for these purposes. We may disclose
15. BOOKS your data to any member of our group (which means our
‘Attributed to Bill Brandt’: in our opinion probably a work by the subsidiaries, our ultimate holding company and its subsidiaries
As stated above, all Lots are sold on an “as is” basis, subject artist, but less certainty to authorship is expressed than in the as defined in section 9 of the Corporations Act 2001, including
to all faults, imperfections and errors of description save as preceding category. any overseas subsidiary). Subject to this, we will not disclose
set out below. However, you will be entitled to reject a Book your data to any third party but we may from time to time
in the circumstances set out in paragraph 10 of the Buyers ‘Signed and/or titled and/or dated and/or inscribed’: in our provide you with information about goods and services
Agreement . opinion the signature and/or title and/or date and/or inscription provided by third parties which we feel may be of interest
are in the artist’s hand. to you. Any member of our group may use your data for
16. CLOCKS AND WATCHES similar purposes.
‘Signed and/or titled and/or dated and/or inscribed in another
All Lots are sold “as is”, and the absence of any reference to hand’: in our opinion the signature and/or title and/or date and/ We will keep your data for a period of six years from the
the condition of a clock or watch does not imply that the Lot is or inscription have been added by another hand. date of your last contact with us so as to simplify any future
in good condition and without defects, repairs or restorations. registration. The data may be transferred to and stored outside
Most clocks and watches have been repaired in the course of The date given is that of the image (negative). Where no Australia, in particular the United Kingdom, and you agree to
their normal lifetime and may now incorporate parts not original further date is given, this indicates that the photographic print this transfer. Even when information is stored outside Australia,
to them. Furthermore, Bonhams makes no representation or is vintage (the term ‘vintage’ may also be included in the lot we will continue to comply with the National Privacy Principles
warranty that any clock or watch is in working order. As clocks description). A vintage photograph is one which was made
and watches often contain fine and complex mechanisms, within approximately 5 - 10 years of the negative. Where a set out in the Australian Privacy Act.
Bidders should be aware that a general service, change of second, later date appears, this refers to the date of printing.
battery or further repair work, for which the Buyer is solely Where the exact printing date is not known, but understood to You have the right to request us not to use your information for
these purposes by contacting Bonhams 1793 Limited at
responsible, may be necessary. Bidders should be aware be later, ‘printed later’ will appear in the lot description.
that the importation of watches such as Rolex, Frank Muller 97-99 Queen Street, Woollahra NSW, 2025, Australia or
and Corum into the United States is highly restricted. These Unless otherwise specified, dimensions given are those of the by email at info.aus@bonhams.com.
watches may not be shipped to the USA and can only piece of paper on which the image is printed, including any
be imported personally. margins. Some photographs may appear in the catalogue
without margins illustrated. APPENDIX 1
17. FURNITURE
All photographs are sold unframed unless stated in the lot CONTRACT FOR SALE
Upholstered Furniture description.
Whilst we take every care in cataloguing furniture which has IMPORTANT: These terms may be changed in advance of the
been upholstered we offer no guarantee as to the originality 20. PICTURES Sale of the Lot to you, by the setting out of different terms in
of the wood covered by fabric or upholstery. the Catalogue for the Sale and/or by placing an insert in the
Explanation of Catalogue Terms Catalogue and/or by notices at the Sale venue and/or by oral
18. JEWELLERY The following terms used in the Catalogue have the following announcements before and during the Sale at the Sale venue.
meanings but are subject to the general provisions relating to You should be alert to this possibility of changes and ask in
Gemstones Descriptions contained in the Contract for Sale: advance of bidding if there have been any.
Historically many gemstones have been subjected to a variety • “Jacopo Bassano”: in our opinion a work by the artist. When
of treatments to enhance their appearance. Sapphires and the artist’s forename(s) is not known, a series of asterisks, UNDER THIS CONTRACT, THE SELLER’S LIABILITY IN
rubies are routinely heat treated to improve their colour and followed by the surname of the artist, whether preceded by RESPECT OF THE QUALITY OF THE LOT, ITS FITNESS
clarity, similarly emeralds are frequently treated with oils or resin an initial or not, indicates that in our opinion the work is by the FOR ANY PURPOSE AND ITS CONFORMITY WITH ANY
for the same purpose. Other treatments such as staining, artist named; DESCRIPTION IS LIMITED. YOU ARE STRONGLY ADVISED
irradiation or coating may have been used on other gemstones. • “Attributed to Jacopo Bassano”: in our opinion probably TO EXAMINE THE LOT FOR YOURSELF AND/OR OBTAIN AN
These treatments may be permanent, whilst others may need a work by the artist but less certainty as to authorship is INDEPENDENT EXAMINATION OF IT BEFORE YOU BUY IT.
special care or re - treatment over the years to retain their expressed than in the preceding category;
appearance. Bidders should be aware that Estimates assume • “Studio/Workshop of Jacopo Bassano”: in our opinion a work 1 THE CONTRACT
that gemstones may have been subjected to such treatments. by an unknown hand in a studio of the artist which may or may
A number of laboratories issue certificates that give more have been executed under the artist’s direction; 1.1 These terms govern the Contract for Sale of
detailed descriptions of gemstones. However there may not • “Circle of Jacopo Bassano”: in our opinion a work by a hand the Lot by the Seller to the Buyer.
be consensus between different laboratories on the degrees, closely associated with a named artist but not necessarily his pupil;
or types of treatment for any particular gemstone. In the event • “Follower of Jacopo Bassano”: in our opinion a work by a 1.2 The Definitions and Glossary contained in
that Bonhams has been given or has obtained certificates painter working in the artist’s style, contemporary or nearly Appendix 3 in the Catalogue are incorporated into
for any Lot in the Sale these certificates will be disclosed in contemporary, but not necessarily his pupil; this Contract for Sale and a separate copy can
the Catalogue. Although, as a matter of policy, Bonhams • “Manner of Jacopo Bassano”: in our opinion a work in the also be provided by Bonhams on request. Where
endeavours to provide certificates from recognised laboratories style of the artist and of a later date; words and phrases are used which are in the List
for certain gemstones, it is not feasible to obtain certificates • “After Jacopo Bassano”: in our opinion, a copy of a known of Definitions, they are printed in italics.
for each Lot. In the event that no certificate is published in the work of the artist;
Catalogue, Bidders should assume that the gemstones may • “Signed and/or dated and/or inscribed”: in our opinion the 1.3 The Seller sells the Lot as the principal to the
have been treated. Neither Bonhams nor the Seller accepts signature and/or date and/or inscription are in the artist’s hand; Contract for Sale, such contract being made
any liability for contradictions or differing certificates obtained by • “Bears a signature and/or date and/or inscription”: in our between the Seller and you through Bonhams
Buyers on any Lots subsequent to the Sale. opinion the signature and/or date and/or inscription have been which acts in the sole capacity as the Seller’s
added by another hand. agent and not as an additional principal. However,
In so far that it is reasonably practicable, Descriptions if the Catalogue states that Bonhams sells the Lot
of jewellery will conform to the guidelines set out by the 21. PORCELAIN as principal, or such a statement is made by an
International Jewellery Confederation, CIBJO, a copy of the announcement by the Auctioneer, or by a notice
Blue Book detailing their guidelines is available to Bidders. Damage and Restoration at the Sale, or an insert in the Catalogue, then
Please contact our jewellery department if you wish to view it. For your guidance, in our Catalogues we detail, as far as Bonhams is the Seller for the purposes of this
practicable, recorded all significant defects, cracks and agreement.
Estimated Weights restoration. Such practicable descriptions of damage cannot
If a stone(s) weight appears within the body of the Description be definitive, and in providing Condition Reports, we cannot 1.4 The contract is made on the fall of the
in capital letters, the stone(s) has been unmounted and guarantee that there are no other defects present which have
weighed by Bonhams. If the weight of the stone(s) is stated not been mentioned. Bidders should satisfy themselves by Auctioneer’s hammer in respect of the Lot
when it is knocked down to you.
to be approximate and does not appear in capital letters, the inspection, as to the condition of each Lot. Please see the
stone(s) has been assessed by us within its/their settings, Contract for Sale printed in this Catalogue. Because of the 2 SELLER’S UNDERTAKINGS
and the stated weight is a statement of our opinion only. This difficulty in determining whether an item of glass has been
information is given as a guide and Bidders should satisfy repolished, in our Catalogues reference is only made to visible
themselves with regard to this information as to its accuracy. chips and cracks. No mention is made of repolishing, severe 2.1 The Seller undertakes to you that:
or otherwise.
Signatures 2.1.1 the Seller is the owner of the Lot or is duly
1. A diamond brooch, by Kutchinsky 22. IMPORTANT NOTICE authorised to sell the Lot by the owner;
When the maker’s name appears in the title, in Bonhams’
opinion the piece is by that maker. Readers of this catalogue should be aware that some of the 2.1.2 save as disclosed in the Entry for the Lot in
illustrated works of art may contain images of a sacred and/ the Catalogue, the Seller sells the Lot with full title
or secret nature. It is suggested that art centre managers in guarantee and free from any encumbrance or
Aboriginal communities vet the illustrations with the appropriate charge or, where the seller is an executor, trustee,
local elders before distributing this catalogue in the community. liquidator, receiver or administrator, with whatever
right, title or interest he may have in the Lot
Every effort has been made to use current orthographies
for Indigenous words, names of artists and people, titles of 2.1.3 except where the Sale is by an executor, trustee,
works, places, ancestral beings and so on, however some liquidator, receiver or administrator the Seller is
inconsistencies may result from a lack of current documentation both legally entitled to sell the Lot, and legally
or from local variations of the spellings of similar or identical capable of conferring on you quiet possession
words. of the Lot;
AUS/NOB/MAIN/V1/11.16