Page 164 - Nov 28 Chinese Art Hong Kong

respect of (i) fraud, or (ii) death or personal injury caused by Signatures fail as a result of transporting the wine. We will only accept We will keep your data for a period of five years from the 3 DESCRIPTIONS OF THE LOT 7 COLLECTION OF THE LOT
our negligence (or by the negligence of any person under our 1. A diamond brooch, by Kutchinsky responsibility for Descriptions of condition at the time of 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
control or for whom we are legally responsible), or (iii) acts or When the maker’s name appears in the title, in Bonhams’ publication of the Catalogue and cannot accept responsibility 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
omissions for which we are liable under the Occupiers Liability opinion the piece is by that maker. for any loss resulting from failure of corks either before or 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
Ordinance (Chapter 314 of the Laws of Hong Kong), or (iv) after this point. 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
any other liability to the extent the same may not be excluded 2. A diamond brooch, signed Kutchinsky by contacting Bonhams (Hong Kong) Limited (which for the printed in bold letters, which merely sets out Price and all other sums owed by you to the
or restricted as a matter of law or (v) our undertakings under Has a signature that, in Bonhams’ opinion, is authentic but purpose of the Personal Data (Privacy) Ordinance (Chapter (on the Seller’s behalf) Bonhams’ opinion about Seller and to Bonhams.
paragraph 9 of the Buyer’s Agreement. The same applies in may contain gemstones that are not original, or the piece Options to buy parcels 486 of the Laws of Hong Kong) is the data user) at Montpelier the Lot and which is not part of the Contractual
respect of the Seller, as if references to us in this paragraph may have been altered. A parcel is a number of Lots of identical size of the same Galleries, Montpelier Street, London, SW7 1HH, United Description upon which the Lot is sold. Any 7.2 The Seller is entitled to withhold possession
were substituted with references to the Seller. 3. A diamond brooch, mounted by Kutchinsky wine, bottle size and Description. The Buyer of any of these 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
Has been created by the jeweller, in Bonhams’ opinion, but Lots has the option to accept some or all of the remaining part of the Entry referred to in paragraph at the same or at any other Sale and whether
15. DAMAGE AND RESTORATION using stones or designs supplied by the client. Lots in the parcel at the same price, although such options APPENDIX 1 2.1.5 (together with any express alteration to currently in Bonhams’ possession or not until
Bidders should note that there is no reference to any defect, will be at the Auctioneer’s sole discretion. Absentee Bidders it as referred to in paragraph 2.1.5), including payment in full and in cleared funds of the
damage or restoration in this Catalogue. A detailed Condition 19. PICTURES are, therefore, advised to bid on the first Lot in a parcel. CONTRACT FOR SALE any Description or Estimate, whether made Purchase Price and all other sums due to the
Report can be provided by Bonhams up to 24 hours before 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.
the Sale. When providing Condition Reports, we do not Explanation of Catalogue Terms 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
The following terms used in the Catalogue have the following
guarantee that there are no other defects present which have Bottling Details and Case Terms 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
not been mentioned. Bidders should satisfy themselves by meanings but are subject to the general provisions relating to The following terms used in the Catalogue have the following 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
inspection, as to the condition of each Lot. Please see the Descriptions contained in the Contract for Sale: meanings: 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
Contract for Sale printed in this Catalogue. • “Jacopo Bassano”: in our opinion a work by the artist. CB – Château bottled venue. You should be alert to this possibility of changes and Description upon which the Lot is sold. requirements.
When the artist’s forename(s) is not known, a series of DB – Domaine bottled ask in advance of bidding if there have been any.
16. BOOKS asterisks, followed by the surname of the artist, whether EstB – Estate bottled 3.2 Except as provided in paragraph 2.1.5, the 7.4 You will be wholly responsible for packing,
As stated above, all Lots are sold on an “as is” basis, subject preceded by an initial or not, indicates that in our opinion BB – Bordeaux bottled 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
RESPECT OF THE QUALITY OF THE LOT, ITS FITNESS
and for complying with all import or export
agree to make or give any contractual promise,
to all faults, imperfections and errors of Description save as the work is by the artist named; BE – Belgian bottled FOR ANY PURPOSE AND ITS CONFORMITY WITH ANY undertaking, obligation, guarantee, warranty, or regulations in connection with the Lot.
set out below. However, you will be entitled to reject a Book • “Attributed to Jacopo Bassano”: in our opinion probably FB – French bottled DESCRITION IS LIMITED. YOU ARE STRONGLY ADVISED representation of fact, or undertake any duty of
in the circumstances set out in paragraph 11 of the Buyers a work by the artist but less certainty as to authorship is GB – German bottled 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,
Agreement. Please note that Lots comprising printed Books, expressed than in the preceding category; OB – Oporto bottled 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
unframed maps and bound manuscripts are not liable to VAT • “Studio/Workshop of Jacopo Bassano”: in our opinion a UK – United Kingdom bottled or completeness of any Description or Estimate by the Seller if you do not remove the Lot in
on the Buyer’s Premium. work by an unknown hand in a studio of the artist which owc – original wooden case 1 THE CONTRACT which may have been made by or on behalf accordance with this paragraph 7 and will
may or may not have been executed under the artist’s iwc – individual wooden case 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,
direction; oc – original carton Lot by the Seller to the Buyer. Description or Estimate is incorporated into this including any legal costs and fees, expenses
17. CLOCKS AND WATCHES Contract for Sale. and losses suffered by the Seller by reason of
All Lots are sold “as is”, and the absence of any reference • “Circle of Jacopo Bassano”: in our opinion a work by 1.2 The Definitions and Glossary contained in your failure to remove the Lot including any
to the condition of a clock or watch does not imply that a hand closely associated with a named artist but not SYMBOLS Appendix 3 in the Catalogue are incorporated 4 FITNESS FOR PURPOSE AND charges due under any Storage Contract. All

the Lot is in good condition and without defects, repairs or necessarily his pupil; THE FOLLOWING SYMBOLS ARE USED TO DENOTE into this Contract for Sale and a separate copy SATISFACTORY QUALITY such sums due to the Seller will be payable on
restorations. Most clocks and watches have been repaired in • “Follower of Jacopo Bassano”: in our opinion a work by Y Subject to CITES regulations when exporting these can also be provided by Bonhams on request. 4.1 The Seller does not make and does not demand.
the course of their normal lifetime and may now incorporate a painter working in the artist’s style, contemporary or items outside the EU, see clause 13. Where words and phrases are used which are agree to make any contractual promise,
parts not original to them. Furthermore, Bonhams makes nearly contemporary, but not necessarily his pupil; ○ The Seller has been guaranteed a minimum price for in the List of Definitions in it, they are printed in undertaking, obligation, guarantee, warranty, 8 FAILURE TO PAY FOR THE LOT
no representation or warranty that any clock or watch is in • “Manner of Jacopo Bassano”: in our opinion a work in the the Lot, either by Bonhams or a third party. This may italics. or representation of fact in relation to the 8.1 If the Purchase Price for a Lot is not paid to
satisfactory quality of the Lot or its fitness for
Bonhams in full in accordance with the Contract
working order. As clocks and watches often contain fine style of the artist and of a later date; take the form of an irrevocable bid by a third party, who 1.3 Seller sells the Lot as the principal to the any purpose. for Sale the Seller will be entitled, with the prior
and complex mechanisms, Bidders should be aware that • “After Jacopo Bassano”: in our opinion, a copy of a may make a financial gain on a successful Sale or a Contract for Sale, such contract being made written agreement of Bonhams but without
a general service, change of battery or further repair work, known work of the artist; financial loss if unsuccessful. 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
for which the Buyer is solely responsible, may be necessary. • “Signed and/or dated and/or inscribed”: in our opinion the ▲ Bonhams owns the Lot either wholly or partially or may which acts in the sole capacity as the Seller’s any undertaking, whether implied by the Sale of the following rights (whether through Bonhams
Bidders should be aware that the importation of watches signature and/or date and/or inscription are from the hand otherwise have an economic interest. agent and not as an additional principal. Goods Ordinance (Chapter 26 of the Laws of or otherwise):
such as Rolex, Frank Muller and Corum into the United of the artist; Ф This lot contains or is made of ivory. The United States However, if the Catalogue states that Bonhams Hong Kong) or otherwise, as to the satisfactory
States is highly restricted. These watches may not be • “Bears a signature and/or date and/or inscription”: in our Government has banned the import of ivory into 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
shipped to the USA and can only be imported personally. opinion the signature and/or date and/or inscription have the USA. made by an announcement by the Auctioneer, of the Lot for your breach of contract;
been added by another hand. or by a notice at the Sale, or an insert in the 5 RISK, PROPERTY AND TITLE
22. LANGUAGE 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
18. JEWELLERY The Notice to Bidders is published in both Chinese and purposes of this agreement. down to you on the fall of the Auctioneer’s any other means on giving seven days’ written
Gemstones 20. PORCELAIN AND GLASS English. If there is any dispute in its interpretation, the English hammer in respect of the Lot. The Seller will notice to you of the intention to resell;
Historically many gemstones have been subjected to Damage and Restoration version will prevail. 1.4 The contract is made on the striking of the not be responsible thereafter for the Lot prior to
a variety of treatments to enhance their appearance. For your guidance, in our Catalogues we detail, as far as 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;
Sapphires and rubies are routinely heat treated to improve practicable, recorded all significant defects, cracks and DATA PROTECTION – USE OF YOUR INFORMATION it is knocked down to you. Contractor, with whom you have separate
their colour and clarity, similarly emeralds are frequently restoration. Such practicable Descriptions of damage cannot As a result of the services provided by us, we obtain personal contract(s) as Buyer. You will indemnify the 8.1.4 to remove and store the Lot at your expense;
treated with oils or resin for the same purpose. Other be definitive, and in providing Condition Reports, we cannot data about you (which expression for the purposes of this 2 SELLER’S UNDERTAKINGS Seller and keep the Seller fully indemnified from
treatments such as staining, irradiation or coating may have Guarantee that there are no other defects present which paragraph only includes your employees and officers, if any). 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
You agree to our use of it as follows.
been used on other gemstones. These treatments may have not been mentioned. Bidders should satisfy themselves expenses and losses arising in respect of any sum due under the Contract for Sale and/or
be permanent, whilst others may need special care or re- by inspection, as to the condition of each Lot. Please see We may use your data to notify you about changes to our 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;
the fall of the Auctioneer’s hammer until you
authorised to sell the Lot by the owner;
treatment over the years to retain their appearance. Bidders the Contract for Sale printed in this Catalogue. Because of services and to provide you with information about products obtain full title to it. 8.1.6 to be paid interest on any monies due (after
should be aware that Estimates assume that gemstones the difficulty in determining whether an item of glass has or services that you request from us or which we feel may 2.1.2 save as disclosed in the Entry for the Lot in the as well as before judgement or order) at the
may have been subjected to such treatments. A number been repolished, in our Catalogues reference is only made to be of interest to you. Data about you may be analysed to Catalogue, the Seller sells the Lot with full title 5.2 Title to the Lot remains in and is retained by annual rate of 5% per annum above the base
of laboratories issue certificates that give more detailed visible chips and cracks. No mention is made of repolishing, identify your potential preferences for these purposes. We guarantee or, where the Seller is an executor, the Seller until the Purchase Price and all other rate of Standard Chartered Bank (Hong Kong)
Descriptions of gemstones. However there may not be severe or otherwise. may disclose your data to any member of our group (which trustee, liquidator, receiver or administrator, with sums payable by you to Bonhams in relation to Limited from time to time to be calculated on
consensus between different laboratories on the degrees, means our subsidiaries, our ultimate holding company 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
or types of treatment for any particular gemstone. In 21. WINE its subsidiaries as defined in section 1159 and schedule the Lot; cleared funds by, Bonhams. monies become payable until the date of actual
6 of the Companies Act 2006, including any overseas
the event that Bonhams has been given or has obtained Lots which are lying under Bond and those liable to VAT may subsidiary). Subject to this, we will not disclose your data to payment;
certificates for any Lot in the Sale these certificates will be not be available for immediate collection. any third party, but we may from time to time provide you 2.1.3 except where the Sale is by an executor, 6 PAYMENT 8.1.7 to repossess the Lot (or any part thereof) which
Your obligation to pay the Purchase Price arises
6.1
trustee, liquidator, receiver or administrator
disclosed in the Catalogue. Although, as a matter of policy, Examining the wines with information about goods and services provided by third 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
Bonhams endeavours to provide certificates from recognised It is occasionally possible to provide a pre-Sale tasting for parties which we feel may be of interest to you. Any member 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
laboratories for certain gemstones, it is not feasible to obtain larger parcels (as defined below). This is generally limited to of our group may use your data for similar purposes. possession of the Lot Lot. to the Seller by himself and to his servants or
certificates for each Lot. In the event that no certificate is more recent and everyday drinking wines. Please contact the agents to enter upon all or any of your premises
published in the Catalogue, Bidders should assume that the department for details. 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
gemstones may have been treated. Neither Bonhams nor It is not our policy to inspect every unopened case. In the 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 Seller accepts any liability for contradictions or differing case of wines older than 20 years the boxes will usually import of the Lot, and all duties and Taxes in sums payable by you to Bonhams. Unless part thereof;
certificates obtained by Buyers on any Lots subsequent to have been opened and levels and appearance noted in respect of the export or import of the Lot have agreed in writing with you by Bonhams on the
the Sale. the Catalogue where necessary. You should make proper (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
allowance for variations in ullage levels and conditions of 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
corks, capsules and labels. 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
Estimated Weights have complied with such requirements in the currency in which the Sale was conducted by under the Contract for Sale shall have been
If a stone(s) weight appears within the body of the Corks and Ullages past; not later than 4.30pm on the second working paid in full in cleared funds;
Description in capital letters, the stone(s) has been Ullage refers to the space between the base of the cork day following the Sale and you must ensure that

unmounted and weighed by Bonhams. If the weight of the and the wine. Ullage levels for Bordeaux shaped bottles are 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’
stone(s) is stated to be approximate and does not appear only normally noted when below the neck and for Burgundy, such made by announcement or notice at the day after the Sale. Payment must be made written notice to sell, Without Reserve, any
in capital letters, the stone(s) has been assessed by us Alsace, German and Cognac shaped bottles when greater 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
within its/their settings, and the stated weight is a statement than 4 centimetres (cm). Acceptable ullage levels increase an insert in the Catalogue, the Lot corresponds the Notice to Bidders unless otherwise agreed the Seller and/or of Bonhams (as bailee for
of our opinion only. This information is given as a guide with age; generally acceptable levels are as follows: with the Contractual Description of the Lot, with you in writing by Bonhams. If you do not the Seller) for any purpose (including, without
limitation, other goods sold to you) and to apply
pay any sums due in accordance with this
being that part of the Entry about the Lot in the
and Bidders should satisfy themselves with regard to this Under 15 years old – into neck or less than 4cm 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
information as to its accuracy. 15 to 30 years old – top shoulder (ts) or up to 5cm for colour) with any photograph of the Lot in the in paragraph 8 below. sale in satisfaction or part satisfaction of any
Over 30 years old – high shoulder (hs) or up to 6cm Catalogue and the contents of any Condition amounts owed to the Seller or to Bonhams; and
It should be noted that ullages may change between Report which has been provided to the Buyer.
publication of the Catalogue and the Sale and that corks may
HK/NTB/MAIN/9.2017 HK/NTB/MAIN/9.2017
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