Page 163 - Nov 28 Chinese Art Hong Kong
P. 163

NOTICE TO BIDDERS  items which are unsuitable for connection are sold as items   discretion from time to time by notice given orally or in writing   will be issued with a large card (a “paddle”) with a printed   the Sale.  You will be liable to pay the Purchase Price, which   Credit cards:  American Express, Visa and Mastercard only.
 of interest for display purposes only.  before or during a Sale.  number on it.  This will be attributed to you for the purposes   is the Hammer Price plus any Tax.  Please note there is a 2% surcharge on the total invoice
 This notice is addressed by Bonhams to any person who   If you yourself do not have expertise regarding a Lot, you   of the Sale.  Should you be a successful Bidder you will   value when payments are made using credit cards. It may
 may be interested in a Lot, including Bidders and potential   should consult someone who does to advise you.  We can   THE LOT IS AVAILABLE FOR INSPECTION AND YOU MUST   need to ensure that your number can be clearly seen by the   At the same time, a separate contract is also entered into   be advisable to notify your card provider of your intended
 Bidders (including any eventual Buyer of the Lot).  For ease   assist in arranging facilities for you to carry out or have   FORM YOUR OWN OPINION IN RELATION TO IT.  YOU ARE   Auctioneer and that it is your number which is identified as   between us as auctioneers and the Buyer.  This is our Buyer’s   purchase in advance to reduce delays caused by us having
 of reference we refer to such persons as “Bidders” or “you”.  carried out more detailed inspections and tests.  Please ask   STRONGLY ADVISED TO EXAMINE ANY LOT OR HAVE IT   the Buyer’s.  You should not let anyone else use your paddle   Agreement, the terms of which are set out in Appendix 2   to seek authority when you come to pay. If you have any
 Our List of Definitions and Glossary is incorporated into   our staff for details.  EXAMINED ON YOUR BEHALF BEFORE THE SALE.  as all Lots will be invoiced to the name and address given on   at the end of the Catalogue.  Please read the terms of the   questions with regard to payment, please contact our
 this Notice to Bidders.  It is at Appendix 3 at the back of the   your Bidder Registration Form.  Once an invoice is issued it   Contract for Sale and our Buyer’s Agreement contained in   Customer Services Department.
 Catalogue.  Where words and phrases are used in this notice   Any person who damages a Lot will be held liable for the loss   4. CONDUCT OF THE SALE  will not be changed.  the Catalogue in case you are the successful Bidder. We
 which are in the List of Definitions, they are printed in italics.  caused.  Our Sales are public auctions which persons may attend and   may change the terms of either or both of these agreements in   China UnionPay (CUP) debit cards:   No surcharge for
 you should take the opportunity to do so.  If there is any doubt as to the Hammer Price of, or whether   advance of their being entered into, by setting out different terms   using CUP debit cards will  apply on the first HK$1,000,000
 IMPORTANT: Additional information applicable to the Sale   3. DESCRIPTIONS OF LOTS AND ESTIMATES  you are the successful Bidder of, a particular Lot, you must   in the Catalogue and/or by placing an insert in the Catalogue and/  invoiced to a Buyer in any Sale;  a 2% surcharge will be
 may be set out in the Catalogue for the Sale, in an insert in   We do reserve the right at our sole discretion to refuse   draw this to the attention of the Auctioneer before the next   or by notices at the Sale venue and/or by oral announcements   made on the balance over HK$1,000,000.
 the Catalogue and/or in a notice displayed at the Sale venue   Contractual Description of a Lot  admission to our premises or to any Sale without stating   Lot is offered for Sale. The decision of the Auctioneer is   before and during the Sale.  You should be alert to this possibility
 and you should read them as well.  Announcements affecting   The Catalogue contains an Entry about each Lot.  Each   a reason.  We have complete discretion as to whether the   considered final and conclusive.  of changes and ask if there have been any.
 the Sale may also be given out orally before and during the   Lot is sold by its respective Seller to the Buyer of the Lot   Sale proceeds, whether any Lot is included in the Sale,   10. COLLECTION AND STORAGE
                                                                             The Buyer of a Lot will not be allowed to collect it until
 Sale without prior written notice.  You should be alert to this   as corresponding only with that part of the Entry which is   the manner in which the Sale is conducted and we may   At the end of the Sale, or when you have finished bidding   7. BUYER’S PREMIUM AND OTHER CHARGES   payment in full and in cleared funds has been made (unless
 possibility of changes and ask in advance of bidding if there   printed in bold letters and (except for the colour, which may   offer Lots for sale in any order we choose notwithstanding   please return your paddle to the Bidder registration desk.  PAYABLE BY THE BUYER
 have been any.  be inaccurately reproduced) with any photograph of the Lot   the numbers given to Lots in the Catalogue.  You should   Under the Buyer’s Agreement, a premium (the Buyer’s    we have made a special arrangement with the Buyer).  Details
 in the Catalogue.  The remainder of the Entry, which is not   therefore check the date and starting time of the Sale,   Bidding by telephone  Premium) is payable to us by the Buyer in accordance with the   relating to the collection of a Lot, the storage of a Lot and our
 1. OUR ROLE  printed in bold letters, represents Bonhams’ opinion (given   whether there have been any withdrawals or late entries.    If you wish to bid at the Sale by telephone, please complete   terms of the Buyer’s Agreement and at rates set out below,   Storage Contractor after the Sale are set out in the Buyer’s
                                                                             Agreement as set out in Appendix 2 of the Catalogue.
 In its role as auctioneer of Lots, Bonhams acts solely for   on behalf of the Seller) about the Lot only and is not part of   Remember that withdrawals and late entries may affect the   an Absentee and Telephone Bidding Form, which is available   calculated by reference to the Hammer Price and payable in
 and in the interests of the Seller.  Bonhams’ job is to sell the   the Contractual Description in accordance with which the Lot   time at which a Lot you are interested in is put up for Sale.  from our offices or in the Catalogue.  Please then return it to   addition to it.  Storage charges and Expenses are also payable
 Lot at the highest price obtainable at the Sale to a Bidder.    is sold by the Seller.  the office which is responsible for the Sale at least 24 hours   by the Buyer as set out in the Buyer’s Agreement.  11. SHIPPING
 Bonhams does not act for Buyers or Bidders in this role and   We have complete discretion to refuse any bid, to nominate   in advance of the Sale.  It is your responsibility to check with   Please refer enquiries on this to our customer services
 does not give advice to Buyers or Bidders.  When it or its   Estimates  any bidding increment we consider appropriate, to divide any   our Bids Office that your bid has been received.  Telephone   For this Sale the following rates of Buyer’s Premium will be   department dealing with the Sale.
 staff make statements about a Lot or, if Bonhams provides   In most cases, an Estimate is printed beside the Entry.    Lot, to combine two or more Lots, to withdraw any Lot from   calls may be recorded.  The telephone bidding facility is a   payable by Buyers on each lot purchased:
 a Condition Report on a Lot it is doing that on behalf of the   Estimates are only an expression of Bonhams’ opinion made   a Sale and, before the Sale has been closed, to put up any   discretionary service and may not be available in relation to all   25% up to HK$2,000,000 of the Hammer Price  12. EXPORT/TRADE RESTRICTIONS
 Seller of the Lot.  Bidders and Buyers who are themselves   on behalf of the Seller of the range where Bonhams thinks   Lot for auction again.  Lots.  We will not be responsible for bidding on your behalf if   20% from HK$2,000,001 to 30,000,000 of the Hammer Price  It is your sole responsibility to comply with all Hong Kong
 not expert in the Lots are strongly advised to seek and   the Hammer Price for the Lot is likely to fall; it is not an   you are unavailable at the time of the Sale or if the telephone   12.5% from HK$30,000,001 of the Hammer Price  export and overseas import regulations relating to your
 obtain independent advice on the Lots and their value before   estimate of value. It does not take into account any Tax or   Auction speeds can exceed 100 Lots to the hour and bidding   connection is interrupted during bidding.  Please contact us   purchases and also to obtain any relevant export and/or
 bidding for them.  Buyer’s Premium payable.  Lots can in fact sell for Hammer   increments are generally about 10%.  However these do vary   for further details.  8. TAX  import licence(s).
 Prices below and above the Estimate.  Any Estimate should   from Sale to Sale and from Auctioneer to Auctioneer.  Please   The Hammer Price and the Buyer’s Premium payable by
 The Seller has authorised Bonhams to sell the Lot as its   not be relied on as an indication of the actual selling price or   check with the department organising the Sale for advice on   Bidding by post or fax  the Buyer is exclusive of any goods or service tax or other   The need for export and import licences varies from country
 agent on its behalf and, save where we expressly make it   value of a Lot.  this.  Absentee and Telephone Bidding Forms can be found in the   Tax (whether imposed by Hong Kong or otherwise). If any   to country and you should acquaint yourself with all relevant
 clear to the contrary, Bonhams acts only as agent for the   back of this Catalogue and should be completed and sent   such Tax was to be paid under Hong Kong laws or any other   local requirements and provisions.
 Seller.  Any statement or representation we make in respect   Estimates are in the currency of the Sale.  Where a Reserve has been applied to a Lot, the Auctioneer   to the office responsible for the Sale.  It is in your interests   laws, the Buyer shall be solely responsible to pay such Tax
 of a Lot is made on the Seller’s behalf and, unless Bonhams   may, in his absolute discretion, place bids (up to an amount   to return your form as soon as possible, as if two or more   and at the rate and time as required by the relevant law, or   The refusal of any import or export licence(s) or any delay in
 sells a Lot as principal, not on our behalf and any Contract   Condition reports  not equalling or exceeding such Reserve) on behalf of the   Bidders submit identical bids for a Lot, the first bid received   if such Tax is to be paid by us, we may add such Tax to the   obtaining such licence(s) shall not permit the rescission of any
 for Sale is between the Buyer and the Seller and not with us.    In respect of most Lots, you may ask for a Condition Report   Seller.  We are not responsible to you in respect of the   takes preference.  In any event, all bids should be received   Purchase Price payable by the Buyer.  Sale nor allow any delay in making full payment for the Lot.
 If Bonhams sells a Lot as principal this will either be stated   on its physical condition from Bonhams.  If you do so, this   presence or absence of any Reserve in respect of any Lot.  at least 24 hours before the start of the Sale.  Please check
 in the Catalogue or an announcement to that effect will be   will be provided by Bonhams on behalf of the Seller free of   your Absentee and Telephone Bidding Form carefully before   9. PAYMENT  13. CITES REGULATIONS
 made by the Auctioneer, or it will be stated in a notice at the   charge.  Bonhams is not entering into a contract with you in   If there is a Reserve it will normally be no higher than the   returning it to us, fully completed and signed by you.  It is   It is of critical importance that you ensure that you have   Buyers are advised to check the regulations applicable to
 Sale or an insert in the Catalogue.  respect of the Condition Report and accordingly does not   lower figure for any Estimate in the Catalogue, assuming that   your responsibility to check with our Bids Office that your bid   readily available funds to pay the Purchase Price and the   Hong Kong exportation and overseas importation when
 assume responsibility to you in respect of it.  Nor does the   the currency of the Reserve has not fluctuated adversely   has been received.  This additional service is complimentary   Buyer’s Premium (plus Tax and any other charges and   exporting any goods from Hong Kong to the place of
 Bonhams does not owe or undertake or agree to any duty   Seller owe or agree to owe you as a Bidder any obligation   against the currency of the Estimate.  and is confidential.  Such bids are made at your own risk   Expenses to us) in full before making a bid for the Lot. If you   importation.  Buyers should also be aware that the export
 or responsibility to you in contract or tort (whether direct,   or duty in respect of this free report about a Lot which is   and we cannot accept liability for our failure to receive and/  are a successful Bidder, payment will be due to be made to   from Hong Kong of any items made of or incorporating
 collateral, express, implied or otherwise).  If you successfully   available for your own inspection or for inspection by an   The Buyer will be the Bidder who makes the highest bid   or place any such bids.  All bids made on your behalf will be   us by 4.30 pm on the second working day after the Sale so   ivory, whalebone, tortoiseshell, rhinoceros horn, coral and
 bid for a Lot and buy it, at that stage Bonhams does enter   expert instructed by you.  However, any written description   acceptable to the Auctioneer for any Lot (subject to any   made at the lowest level possible subject to Reserves and   that all sums are cleared by the seventh working day after   other restricted materials is prohibited unless a CITES
 into an agreement with the Buyer.  The terms of that contract   of the physical condition of the Lot contained in a Condition   applicable Reserve) to whom the Lot is knocked down by the   other bids made for the Lot.  Where appropriate your bids   the Sale. Payment will have to be by one of the following   export licence is obtained from the Agriculture, Fisheries
 are set out in our Buyer’s Agreement save for those varied   Report will form part of the Contractual Description of the Lot   Auctioneer at the striking of the Auctioneer’s hammer.  Any   will be rounded down to the nearest amount consistent with   methods (all cheques should be made payable to Bonhams   and Conservation Department of Hong Kong.  A period of 8
 by announcement given out orally before and/or during the   under which it is sold to any Buyer.  dispute as to the highest acceptable bid will be settled by the   the Auctioneer’s bidding increments.  New Bidders must also   (Hong Kong) Limited).  Bonhams reserves the right to vary   weeks may be required for the purposes of obtaining such
 Sale, which you will find at Appendix 2 at the back of the   Auctioneer in his absolute discretion.  provide proof of identity when submitting bids.  Failure to do   the terms of payment at any time. Unless agreed by us   export licence.
 Catalogue.  This will govern Bonhams’ relationship with the   The Seller’s responsibility to you  this may result in your bid not being placed.  advance payments made by anyone other than the registered
 Buyer.  The Seller does not make or agree to make any   All bids tendered will relate to the actual Lot number   buyer will not be accepted.  Please note that Lots marked in the catalogue with a Y
 representation of fact or contractual promise, guarantee or   announced by the Auctioneer.  Bidding via the internet  next to the lot number contain one or more of the aforesaid
 2. LOTS  warranty and undertakes no obligation or duty, whether in   Please visit our Website at http://www.bonhams.com for   Hong Kong dollar personal cheque drawn on a Hong   restricted materials. However, the omission of such letter Y
                                                                             does not automatically mean that the Lot is not subject to
 Subject to the Contractual Description printed in bold letters   contract or in tort (other than to the eventual Buyer as set   An electronic currency converter may be used at the Sale.    details of how to bid via the internet.  Kong branch of a bank :  all cheques must be cleared
 in the Entry about the Lot in the Catalogue (see paragraph 3   out above), in respect of the accuracy or completeness   This equipment is provided as a general guide as to the   before you can collect your purchases;  CITES regulations. Buyers are advised to obtain information
 below), Lots are sold to the Buyer on an “as is” basis, with   of any statement or representation made by him or on his   equivalent amount in certain currencies of a given bid.  We   Bidding through an agent  from the relevant regulatory authorities regarding export and
 all faults and imperfections. No reference is made in the   behalf which is in any way descriptive of any Lot or as to the   do not accept any responsibility for any errors which may   Bids will be accepted as placed on behalf of the person   Bankers draft cheque:  if you can provide suitable proof   import restrictions, requirements and costs prior to bidding.
 Catelogue to any defect, damage or restoration of the Lot.    anticipated or likely selling price of any Lot.  Other than as   occur in the use of the currency converter.  named as the principal on the Bidding Form although we may   of identity and we are satisfied as to the genuineness of the
 Please see paragraph 15.  set out above, no statement or representation in any way   refuse to accept bids from an agent on behalf of a principal   draft or cheque, and that the funds have originated from your   14. THE SELLERS AND/OR BONHAMS’ LIABILITY
 descriptive of a Lot or any Estimate is incorporated into any   We hereby give you notice that we may use video cameras to   and may require written confirmation from the principal   own account, we will allow you to collect your purchases   Other than any liability of the Seller to the Buyer of a Lot
 Illustrations and photographs contained in the Catalogue   Contract for Sale between a Seller and a Buyer.  record the Sale and may record telephone calls for reasons   confirming the agent’s authority to bid.  Nevertheless, as the   immediately;  under the Contract for Sale, neither we nor the Seller are
 (other than photographs forming part of the Contractual   of security and to assist in solving any disputes which may   Bidding Form explains, any person placing a bid as agent   liable (whether in negligence or otherwise) for any error
 Description) or elsewhere of any Lots are for identification   Bonhams’ responsibility to you  arise in relation to bids made at the Sale.  on behalf of another (whether or not he has disclosed that   Cash:  you may pay for Lots purchased by you at this Sale   or misdescription or omission in any Description of a Lot
 purposes only.  They may not reveal the true condition of the   You have the opportunity of examining the Lot if you want   fact or the identity of his principal) will be jointly and severally   with notes or coins in the currency in which the Sale is   or any Estimate in respect of it, whether contained in the
 Lot.  A photograph or illustration may not reflect an accurate   to and the Contract for Sale for a Lot is with the Seller and   At some Sales, for example, jewellery Sales, we may use   liable with the principal to the Seller and to Bonhams under   conducted (but not any other currency) provided that the total   Catalogue or otherwise, whether given orally or in writing
 reproduction of the colour(s) of the Lot.  not with Bonhams; Bonhams acts as the Seller’s agent only   screens on which images of the Lots will be projected.  This   any contract resulting from the acceptance of a bid.  amount payable by you in respect of all Lots purchased by   and whether given before or during the Sale. Neither we
 (unless Bonhams sells the Lot as principal).  service is provided to assist viewing at the Sale.  The image   you at the Sale does not exceed HK$80,000. If the amount   nor the Seller will be liable for any loss of Business, profits,
 Lots are available for inspection prior to the Sale and it is for   on the screen should be treated as an indication only of the   Subject to the above, please let us know if you are acting on   payable by you for Lots exceeds that sum, the balance must   revenue or income, or for loss of reputation, or for disruption
 you to satisfy yourself as to each and every aspect of a Lot,   Bonhams undertakes no obligation to you to examine,   current Lot.  It should be noted that all bids tendered will   behalf of another person when bidding for Lots at the Sale.    be paid otherwise than in coins or notes;  to Business or wasted time on the part of management or
 including its authorship, attribution, condition, provenance,   investigate or carry out any tests, either in sufficient depth or   relate to the actual Lot number announced by the Auctioneer.    Equally, please let us know if you intend to nominate another   staff, or for indirect losses or consequential damages of any
 history, background, authenticity, style, period, age,   at all, on each Lot to establish the accuracy or otherwise of   We do not accept any responsibility for any errors which may   person to bid on your behalf at the Sale unless this is to be   Bank transfer:  you may electronically transfer funds to   kind, irrespective in any case of the nature, volume or source
 suitability, quality, roadworthiness (if relevant), origin, value   any descriptions or opinions given by Bonhams, or by any   occur in the use of the screen.  carried out by us pursuant to an Absentee and Telephone   our Client Account.  If you do so, please quote your paddle   of the loss or damage alleged to be suffered, and irrespective
 and estimated selling price (including the Hammer price).  It   person on Bonhams’ behalf, whether in the Catalogue or   Bidding Form that you have completed.  If we do not approve   number and invoice number as the reference.  Our Client   of whether the said loss or damage is caused by or claimed
 is your responsibility to examine any Lot in which you are   elsewhere.  5.  BIDDING  the agency arrangements in writing before the Sale, we are   Account details are as follows:  in respect of any negligence, other tort, breach of contract (if
 interested.  We do not accept bids from any person who has not   entitled to assume that the person bidding at the Sale is   Bank :    HSBC  any) or statutory duty, restitutionary claim or otherwise.
 You should not suppose that such examinations,   completed and delivered to us one of our Bidding Forms,   bidding on his own behalf.  Accordingly, the person bidding at   Address :    Head Office
 It should be remembered that the actual condition of a   investigations or tests have occurred.  either our Bidder Registration Form, Absentee and Telephone   the Sale will be the Buyer and will be liable to pay the Hammer      1 Queen’s Road Central, Hong Kong  In any circumstances where we and/or the Seller are liable
 Lot may not be as good as that indicated by its outward   Bidding Form before the Sale.  You may be asked for proof of   Price and Buyer’s Premium and associated charges.  If we   Account Name:   Bonhams (Hong Kong) Limited. -    in relation to any Lot or any Description or Estimate made
 appearance.  In particular, parts may have been replaced or   Bonhams does not make or agree to make any   identity, residence, financial details and references, which, if   approve the identity of your client in advance, we will be in a   Client A/C  of any Lot, or the conduct of any Sale in relation to any Lot,
 renewed and Lots may not be authentic or of satisfactory   representation of fact, and undertakes no obligation or duty   asked for, you must supply if your bids are to be accepted by   position to address the invoice to your principal rather than   Account Number:    808 870 174001  whether in damages, for an indemnity or contribution, or for
 quality; the inside of a Lot may not be visible and may not   (whether in contract or tort) in respect of the accuracy or   us. Please bring your passport, Hong Kong Identity Card (or   you.  We will require proof of the agent’s client’s identity and   SWIFT Code:    HSBCHKHHHKH  a restitutionary remedy or otherwise, our and/or the Seller’s
 be original or may be damaged, as for example where it is   completeness of any statement or representation made   similar photo proof of identity) and a debit or credit card.  We   residence in advance of any bids made by the agent on his   liability (combined, if both we and the Seller are liable) will be
 covered by upholstery or material. Given the age of many   by Bonhams or on Bonhams’ behalf which is in any way   may request a deposit from you before allowing you to bid.  behalf.  Please refer to our Conditions of Business and contact   If paying by bank transfer, the amount received after the   limited to payment of a sum which will not exceed by way
 Lots they may have been damaged and/or repaired and you   descriptive of any Lot or as to the anticipated or likely selling   our Customer Services Department for further details.  deduction of any bank fees and/or conversion of the currency   of maximum the amount of the Purchase Price of the Lot
 should not assume that a Lot is in good condition.  price of any Lot.  We may refuse entry to a Sale to any person even if that   of payment to Hong Kong dollars must not be less than   irrespective in any case of the nature, volume or source of
 person has completed a Bidding Form.  6. CONTRACTS BETWEEN THE BUYER AND SELLER   the Hong Kong dollars amount payable, as set out on the   any loss or damage alleged to be suffered or sum claimed as
 Electronic or mechanical parts may not operate or may not   No statement or representation by Bonhams or on its   AND THE BUYER AND BONHAMS  invoice.  due, and irrespective of whether the liability arises from any
 comply with current statutory requirements.  You should   behalf in any way descriptive of any Lot or any Estimate is   Bidding in person  On the Lot being knocked down to the Buyer, a Contract   negligence, other tort, breach of contract (if any) or statutory
 not assume that electrical items designed to operate on   incorporated into our Buyer’s Agreement.  You should come to our Bidder registration desk at the   for Sale of the Lot will be entered into between the Seller   Debit cards issued by a Hong Kong bank (EPS): there is   duty or otherwise.
 mains electricity will be suitable for connection to the mains   Sale venue and fill out a Bidder Registration Form on (or, if   and the Buyer on the terms of the Contract for Sale set out   no additional charge for purchases made with these cards;
 electricity supply and you should obtain a report from a   Alterations  possible, before) the day of the Sale. The bidding number   in Appendix 1 at the back of the Catalogue save for those   Nothing set out above will be construed as excluding or
 qualified electrician on their status before doing so.  Such   Descriptions and Estimates may be amended at Bonhams’   system is sometimes referred to as “paddle bidding”.  You   varied by announcement given out orally before and/or during   restricting (whether directly or indirectly) our liability or
                                                                             excluding or restricting any person’s rights or remedies in
 HK/NTB/MAIN/9.2017                                                                                  HK/NTB/MAIN/9.2017
 PAGE 1                                                  PAGE 2
   158   159   160   161   162   163   164   165   166   167   168