Page 137 - Bonhams Presencer Buddhist Art Collection Oct. 2 2018

irrespective in any case of the nature, volume or source of Estimated Weights Corks and Ullages We will keep your data for a period of five years from the 3 DESCRIPTIONS OF THE LOT 7 COLLECTION OF THE LOT
any loss or damage alleged to be suffered or sum claimed as If a stone(s) weight appears within the body of the Ullage refers to the space between the base of the cork date of your last contact with us so as to simplify any future 3.1 Paragraph 2.1.5 sets out what is the 7.1 Unless otherwise agreed in writing with you by
due, and irrespective of whether the liability arises from any Description in capital letters, the stone(s) has been and the wine. Ullage levels for Bordeaux shaped bottles are registration. The data may be transferred to and stored outside Contractual Description of the Lot. In particular, Bonhams, the Lot will be released to you or to
negligence, other tort, breach of contract (if any) or statutory unmounted and weighed by Bonhams. If the weight of the only normally noted when below the neck and for Burgundy, Hong Kong, and you agree to this transfer. You have the right the Lot is not sold as corresponding with that your order only when Bonhams has received
duty or otherwise. stone(s) is stated to be approximate and does not appear Alsace, German and Cognac shaped bottles when greater to request us not to use your information for these purposes part of the Entry in the Catalogue which is not cleared funds to the amount of the full Purchase
printed in bold letters, which merely sets out
Price and all other sums owed by you to the
by contacting Bonhams (Hong Kong) Limited (which for the
Nothing set out above will be construed as excluding or in capital letters, the stone(s) has been assessed by us than 4 centimetres (cm). Acceptable ullage levels increase purpose of the Personal Data (Privacy) Ordinance (Chapter (on the Seller’s behalf) Bonhams’ opinion about Seller and to Bonhams.
restricting (whether directly or indirectly) our liability or within its/their settings, and the stated weight is a statement with age; generally acceptable levels are as follows: 486 of the Laws of Hong Kong) is the data user) at Montpelier the Lot and which is not part of the Contractual
excluding or restricting any person’s rights or remedies in of our opinion only. This information is given as a guide Under 15 years old – into neck or less than 4cm Galleries, Montpelier Street, London, SW7 1HH, United Description upon which the Lot is sold. Any 7.2 The Seller is entitled to withhold possession
respect of (i) fraud, or (ii) death or personal injury caused by and Bidders should satisfy themselves with regard to this 15 to 30 years old – top shoulder (ts) or up to 5cm Kingdom or by e-mail at client.services@bonhams.com. statement or representation other than that from you of any other Lot he has sold to you
our negligence (or by the negligence of any person under our information as to its accuracy. Over 30 years old – high shoulder (hs) or up to 6cm part of the Entry referred to in paragraph at the same or at any other Sale and whether
control or for whom we are legally responsible), or (iii) acts or It should be noted that ullages may change between APPENDIX 1 2.1.5 (together with any express alteration to currently in Bonhams’ possession or not until
omissions for which we are liable under the Occupiers Liability Signatures publication of the Catalogue and the Sale and that corks may it as referred to in paragraph 2.1.5), including payment in full and in cleared funds of the
Ordinance (Chapter 314 of the Laws of Hong Kong), or (iv) 1. A diamond brooch, by Kutchinsky fail as a result of transporting the wine. We will only accept CONTRACT FOR SALE any Description or Estimate, whether made Purchase Price and all other sums due to the
any other liability to the extent the same may not be excluded When the maker’s name appears in the title, in Bonhams’ responsibility for Descriptions of condition at the time of IMPORTANT: These terms may be changed in advance of orally or in writing, including in the Catalogue Seller and/or Bonhams in respect of the Lot.
or restricted as a matter of law or (v) our undertakings under the Sale of the Lot to you, by the setting out of different terms or on Bonhams’ Website, or by conduct, or 7.3 You will collect and remove the Lot at your own
paragraph 9 of the Buyer’s Agreement. The same applies in opinion the piece is by that maker. publication of the Catalogue and cannot accept responsibility in the Catalogue for the Sale and/or by placing an insert in otherwise, and whether by or on behalf of the expense from Bonhams’ custody and/or control
respect of the Seller, as if references to us in this paragraph 2. A diamond brooch, signed Kutchinsky for any loss resulting from failure of corks either before or the Catalogue and/or by notices at the Sale venue and/or by Seller or Bonhams and whether made prior to or from the Storage Contractor’s custody in
were substituted with references to the Seller. Has a signature that, in Bonhams’ opinion, is authentic but after this point. oral announcements before and during the Sale at the Sale or during the Sale, is not part of the Contractual accordance with Bonhams’ instructions or
may contain gemstones that are not original, or the piece venue. You should be alert to this possibility of changes and Description upon which the Lot is sold. requirements.
15. DAMAGE AND RESTORATION may have been altered. Options to buy parcels ask in advance of bidding if there have been any.
Bidders should note that there is no reference to any defect, 3. A diamond brooch, mounted by Kutchinsky A parcel is a number of Lots of identical size of the same 3.2 Except as provided in paragraph 2.1.5, the 7.4 You will be wholly responsible for packing,
damage or restoration in this Catalogue. A detailed Condition Has been created by the jeweller, in Bonhams’ opinion, but wine, bottle size and Description. The Buyer of any of these UNDER THIS CONTRACT, THE SELLER’S LIABILITY IN Seller does not make or give and does not handling and transport of the Lot on collection
Report can be provided by Bonhams up to 24 hours before using stones or designs supplied by the client. Lots has the option to accept some or all of the remaining RESPECT OF THE QUALITY OF THE LOT, ITS FITNESS agree to make or give any contractual promise, and for complying with all import or export
the Sale. When providing Condition Reports, we do not Lots in the parcel at the same price, although such options FOR ANY PURPOSE AND ITS CONFORMITY WITH ANY undertaking, obligation, guarantee, warranty, or regulations in connection with the Lot.
guarantee that there are no other defects present which have DESCRITION IS LIMITED. YOU ARE STRONGLY ADVISED representation of fact, or undertake any duty of
not been mentioned. Bidders should satisfy themselves by 19. PICTURES will be at the Auctioneer’s sole discretion. Absentee Bidders TO EXAMINE THE LOT FOR YOURSELF AND/OR OBTAIN AN care, in relation to any Description of the Lot or 7.5 You will be wholly responsible for any removal,
inspection, as to the condition of each Lot. Please see the Explanation of Catalogue Terms are, therefore, advised to bid on the first Lot in a parcel. INDEPENDENT EXAMINATION OF IT BEFORE YOU BUY IT. any Estimate in relation to it, nor of the accuracy storage or other charges or expenses incurred
Contract for Sale printed in this Catalogue. The following terms used in the Catalogue have the following or completeness of any Description or Estimate by the Seller if you do not remove the Lot in
meanings but are subject to the general provisions relating to Bottling Details and Case Terms 1 THE CONTRACT which may have been made by or on behalf accordance with this paragraph 7 and will
Descriptions contained in the Contract for Sale: The following terms used in the Catalogue have the following 1.1 These terms govern the Contract for Sale of the of the Seller including by Bonhams. No such indemnify the Seller against all charges, costs,
16. BOOKS
As stated above, all Lots are sold on an “as is” basis, subject • “Jacopo Bassano”: in our opinion a work by the artist. meanings: Lot by the Seller to the Buyer. Description or Estimate is incorporated into this including any legal costs and fees, expenses
to all faults, imperfections and errors of Description save as When the artist’s forename(s) is not known, a series of CB – Château bottled Contract for Sale. and losses suffered by the Seller by reason of
set out below. However, you will be entitled to reject a Book asterisks, followed by the surname of the artist, whether DB – Domaine bottled 1.2 The Definitions and Glossary contained in your failure to remove the Lot including any
in the circumstances set out in paragraph 11 of the Buyers preceded by an initial or not, indicates that in our opinion EstB – Estate bottled Appendix 3 in the Catalogue are incorporated 4 FITNESS FOR PURPOSE AND charges due under any Storage Contract. All
into this Contract for Sale and a separate copy
such sums due to the Seller will be payable on
Agreement. Please note that Lots comprising printed Books, the work is by the artist named; BB – Bordeaux bottled can also be provided by Bonhams on request. 4.1 SATISFACTORY QUALITY demand.
The Seller does not make and does not
unframed maps and bound manuscripts are not liable to VAT • “Attributed to Jacopo Bassano”: in our opinion probably BE – Belgian bottled Where words and phrases are used which are agree to make any contractual promise,
on the Buyer’s Premium. a work by the artist but less certainty as to authorship is FB – French bottled in the List of Definitions in it, they are printed in undertaking, obligation, guarantee, warranty, 8 FAILURE TO PAY FOR THE LOT
expressed than in the preceding category; GB – German bottled italics. or representation of fact in relation to the 8.1 If the Purchase Price for a Lot is not paid to
• “Studio/Workshop of Jacopo Bassano”: in our opinion a OB – Oporto bottled satisfactory quality of the Lot or its fitness for Bonhams in full in accordance with the Contract
17. CLOCKS AND WATCHES
All Lots are sold “as is”, and the absence of any reference work by an unknown hand in a studio of the artist which UK – United Kingdom bottled 1.3 Seller sells the Lot as the principal to the any purpose. for Sale the Seller will be entitled, with the prior
Contract for Sale, such contract being made
written agreement of Bonhams but without
to the condition of a clock or watch does not imply that may or may not have been executed under the artist’s owc – original wooden case between the Seller and you through Bonhams 4.2 The Seller will not be liable for any breach of further notice to you, to exercise one or more of
the Lot is in good condition and without defects, repairs or direction; iwc – individual wooden case which acts in the sole capacity as the Seller’s any undertaking, whether implied by the Sale of the following rights (whether through Bonhams
restorations. Most clocks and watches have been repaired in • “Circle of Jacopo Bassano”: in our opinion a work by oc – original carton agent and not as an additional principal. Goods Ordinance (Chapter 26 of the Laws of or otherwise):
the course of their normal lifetime and may now incorporate a hand closely associated with a named artist but not However, if the Catalogue states that Bonhams Hong Kong) or otherwise, as to the satisfactory
parts not original to them. Furthermore, Bonhams makes necessarily his pupil; SYMBOLS sells the Lot as principal, or such a statement is quality of the Lot or its fitness for any purpose. 8.1.1 to terminate immediately the Contract for Sale
no representation or warranty that any clock or watch is in • “Follower of Jacopo Bassano”: in our opinion a work by THE FOLLOWING SYMBOLS ARE USED TO DENOTE made by an announcement by the Auctioneer, of the Lot for your breach of contract;
working order. As clocks and watches often contain fine a painter working in the artist’s style, contemporary or Y Subject to CITES regulations when exporting these or by a notice at the Sale, or an insert in the 5 RISK, PROPERTY AND TITLE
and complex mechanisms, Bidders should be aware that nearly contemporary, but not necessarily his pupil; items outside the EU, see clause 13. Catalogue, then Bonhams is the Seller for the 5.1 Risk in the Lot passes to you when it is knocked 8.1.2 to re-sell the Lot by auction, private treaty or
a general service, change of battery or further repair work, • “Manner of Jacopo Bassano”: in our opinion a work in the ○ The Seller has been guaranteed a minimum price for purposes of this agreement. down to you on the fall of the Auctioneer’s any other means on giving seven days’ written
hammer in respect of the Lot. The Seller will
notice to you of the intention to resell;
for which the Buyer is solely responsible, may be necessary. style of the artist and of a later date; the Lot, either by Bonhams or a third party. This may 1.4 The contract is made on the striking of the not be responsible thereafter for the Lot prior to
Bidders should be aware that the importation of watches • “After Jacopo Bassano”: in our opinion, a copy of a take the form of an irrevocable bid by a third party, who Auctioneer’s hammer in respect of the Lot when you collecting it from Bonhams or the Storage 8.1.3 to retain possession of the Lot;
such as Rolex, Frank Muller and Corum into the United known work of the artist; may make a financial gain on a successful Sale or a it is knocked down to you. Contractor, with whom you have separate
States is highly restricted. These watches may not be • “Signed and/or dated and/or inscribed”: in our opinion the financial loss if unsuccessful. contract(s) as Buyer. You will indemnify the 8.1.4 to remove and store the Lot at your expense;
shipped to the USA and can only be imported personally. signature and/or date and/or inscription are from the hand ▲ Bonhams owns the Lot either wholly or partially or may 2 SELLER’S UNDERTAKINGS Seller and keep the Seller fully indemnified from
of the artist; otherwise have an economic interest. 2.1 The Seller undertakes to you that: and against all claims, proceedings, costs, 8.1.5 to take legal proceedings against you for any
• “Bears a signature and/or date and/or inscription”: in our Ф This lot contains or is made of ivory. The United States
18. JEWELLERY expenses and losses arising in respect of any sum due under the Contract for Sale and/or
Gemstones opinion the signature and/or date and/or inscription have Government has banned the import of ivory into 2.1.1 The Seller is the owner of the Lot or is duly injury, loss and damage caused to the Lot after damages for breach of contract;
Historically many gemstones have been subjected to been added by another hand. the USA. authorised to sell the Lot by the owner; the fall of the Auctioneer’s hammer until you
a variety of treatments to enhance their appearance. obtain full title to it. 8.1.6 to be paid interest on any monies due (after
Sapphires and rubies are routinely heat treated to improve 20. PORCELAIN AND GLASS 22. LANGUAGE 2.1.2 save as disclosed in the Entry for the Lot in the 5.2 Title to the Lot remains in and is retained by as well as before judgement or order) at the
The Notice to Bidders is published in both Chinese and
annual rate of 5% per annum above the base
Catalogue, the Seller sells the Lot with full title
their colour and clarity, similarly emeralds are frequently Damage and Restoration English. If there is any dispute in its interpretation, the English guarantee or, where the Seller is an executor, the Seller until the Purchase Price and all other rate of Standard Chartered Bank (Hong Kong)
treated with oils or resin for the same purpose. Other For your guidance, in our Catalogues we detail, as far as version will prevail. trustee, liquidator, receiver or administrator, with sums payable by you to Bonhams in relation to Limited from time to time to be calculated on
treatments such as staining, irradiation or coating may have practicable, recorded all significant defects, cracks and whatever right, title or interest he may have in the Lot have been paid in full to, and received in a daily basis from the date upon which such
been used on other gemstones. These treatments may restoration. Such practicable Descriptions of damage cannot DATA PROTECTION – USE OF YOUR INFORMATION the Lot; cleared funds by, Bonhams. monies become payable until the date of actual
be permanent, whilst others may need special care or re- be definitive, and in providing Condition Reports, we cannot As a result of the services provided by us, we obtain personal payment;
treatment over the years to retain their appearance. Bidders Guarantee that there are no other defects present which data about you (which expression for the purposes of this 2.1.3 except where the Sale is by an executor, 6 PAYMENT
should be aware that Estimates assume that gemstones have not been mentioned. Bidders should satisfy themselves paragraph only includes your employees and officers, if any). trustee, liquidator, receiver or administrator 6.1 Your obligation to pay the Purchase Price arises 8.1.7 to repossess the Lot (or any part thereof) which
may have been subjected to such treatments. A number by inspection, as to the condition of each Lot. Please see You agree to our use of it as follows. the Seller is both legally entitled to sell the Lot, when the Lot is knocked down to you on the has not become your property, and for this
of laboratories issue certificates that give more detailed the Contract for Sale printed in this Catalogue. Because of We may use your data to notify you about changes to our and legally capable of conferring on you quiet fall of the Auctioneer’s hammer in respect of the purpose you hereby grant an irrevocable licence
possession of the Lot
Lot.
to the Seller by himself and to his servants or
Descriptions of gemstones. However there may not be the difficulty in determining whether an item of glass has services and to provide you with information about products agents to enter upon all or any of your premises
consensus between different laboratories on the degrees, been repolished, in our Catalogues reference is only made to or services that you request from us or which we feel may 2.1.4 the Seller has complied with all requirements, 6.2 Time will be of the essence in relation to (with or without vehicles) during normal
or types of treatment for any particular gemstone. In visible chips and cracks. No mention is made of repolishing, be of interest to you. Data about you may be analysed to legal or otherwise, relating to any export or payment of the Purchase Price and all other Business hours to take possession of the Lot or
the event that Bonhams has been given or has obtained severe or otherwise. identify your potential preferences for these purposes. We import of the Lot, and all duties and Taxes in sums payable by you to Bonhams. Unless part thereof;
certificates for any Lot in the Sale these certificates will be may disclose your data to any member of our group (which respect of the export or import of the Lot have agreed in writing with you by Bonhams on the
disclosed in the Catalogue. Although, as a matter of policy, 21. WINE means our subsidiaries, our ultimate holding company and (unless stated to the contrary in the Catalogue Seller’s behalf (in which case you must comply 8.1.8 to retain possession of any other property sold
Bonhams endeavours to provide certificates from recognised Lots which are lying under Bond and those liable to VAT may its subsidiaries as defined in section 1159 and schedule or announced by the Auctioneer) been paid with the terms of that agreement), all such to you by the Seller at the Sale or any other
laboratories for certain gemstones, it is not feasible to obtain not be available for immediate collection. 6 of the Companies Act 2006, including any overseas and, so far as the Seller is aware, all third parties sums must be paid to Bonhams by you in the auction or by private treaty until all sums due
subsidiary). Subject to this, we will not disclose your data to
certificates for each Lot. In the event that no certificate is Examining the wines any third party, but we may from time to time provide you have complied with such requirements in the currency in which the Sale was conducted by under the Contract for Sale shall have been
not later than 4.30pm on the second working
paid in full in cleared funds;
past;
published in the Catalogue, Bidders should assume that the It is occasionally possible to provide a pre-Sale tasting for with information about goods and services provided by third day following the Sale and you must ensure that
gemstones may have been treated. Neither Bonhams nor larger parcels (as defined below). This is generally limited to parties which we feel may be of interest to you. Any member 2.1.5 subject to any alterations expressly identified as the funds are cleared by the seventh working 8.1.9 to retain possession of, and on three months’
the Seller accepts any liability for contradictions or differing more recent and everyday drinking wines. Please contact the of our group may use your data for similar purposes. such made by announcement or notice at the day after the Sale. Payment must be made written notice to sell, Without Reserve, any
certificates obtained by Buyers on any Lots subsequent to department for details. Sale venue or by the Notice to Bidders or by to Bonhams by one of the methods stated in of your other property in the possession of
the Sale. It is not our policy to inspect every unopened case. In the an insert in the Catalogue, the Lot corresponds the Notice to Bidders unless otherwise agreed the Seller and/or of Bonhams (as bailee for
case of wines older than 20 years the boxes will usually with the Contractual Description of the Lot, with you in writing by Bonhams. If you do not the Seller) for any purpose (including, without
have been opened and levels and appearance noted in being that part of the Entry about the Lot in the pay any sums due in accordance with this limitation, other goods sold to you) and to apply
the Catalogue where necessary. You should make proper Catalogue which is in bold letters and (except paragraph, the Seller will have the rights set out any monies due to you as a result of such
allowance for variations in ullage levels and conditions of for colour) with any photograph of the Lot in the in paragraph 8 below. sale in satisfaction or part satisfaction of any
corks, capsules and labels. Catalogue and the contents of any Condition amounts owed to the Seller or to Bonhams; and
Report which has been provided to the Buyer.
THE PRESENCER COLLECTION OF BUDDHIST ART | 135
HK/NTB/MAIN/5.2018 HK/NTB/MAIN/5.2018
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