Page 168 - Nov 28 Chinese Art Hong Kong

8.1.4 require an indemnity and/or security from you in or omission in any Description of the Lot or 11.3 If either party to this agreement is prevented from Subject to this, we will not disclose your data to any third party Lot for sale, storage charges, removal charges or costs of levies or other assessments.
return for pursuing a course of action agreed to any Entry or Estimate in respect of it, made by performing that party’s respective obligations but we may from time to time provide you with information collection from the Seller as the Seller’s agents or from a “Terrorism” means any act or threatened act of terrorism,
by you. us or on our behalf or by or on behalf of the under this agreement by circumstances about goods and services provided by third parties which we defaulting Buyer, plus Tax. whether any person is acting alone or on behalf of or in
Seller (whether made in writing, including in the beyond its reasonable control or if performance feel may be of interest to you. Any member of our group may “Forgery” an imitation intended by the maker or any other connection with any organisation(s) and/or government(s),
8.2 The discretion referred to in paragraph 8.1: Catalogue, or on the Bonhams’ Website, or of its obligations would by reason of such use your data for similar purposes. person to deceive as to authorship, attribution, origin, committed for political, religious or ideological or similar
orally, or by conduct or otherwise) and whether circumstances give rise to a significantly authenticity, style, date, age, period, provenance, culture, purposes including, but not limited to, the intention to
8.2.1 may be exercised at any time during which we made before or after this agreement or prior to increased financial cost to it, that party will We will keep your data for a period of five years from the source or composition, which at the date of the Sale had influence any government and/or put the public or any
have actual or constructive possession of the Lot, or during the Sale. not, for so long as such circumstances prevail, date of your last contact with us so as to simplify any future a value materially less than it would have had if the Lot section of the public into fear.
or at any time after such possession, where the be required to perform such obligations. This registration. The data may be transferred to and stored outside had not been such an imitation, and which is not stated to “Trust Account” the bank account of Bonhams into which all
cessation of such possession has occurred by 10.2 Our duty to you while the Lot is at your risk paragraph does not apply to the obligations Hong Kong and you agree to this transfer. be such an imitation in any description of the Lot. A Lot relevant sums received in respect of the Purchase Price of any
reason of any decision, order or ruling of any court, and/or your property and in our custody and/or imposed on you by paragraph 3. will not be a Forgery by reason of any damage to, and/or Lot will be paid, such account to be a distinct and separate
mediator, arbitrator or government body; and control is to exercise reasonable care in relation You have the right to request us not to use your information for restoration and/or modification work (including repainting or account to Bonhams’ normal business bank account.
to it, but we will not be responsible for damage 11.4 Any notice or other communication to be given these purposes by contacting Bonhams (Hong Kong) Limited over painting) having been carried out on the Lot, where that “Website” Bonhams website at www.bonhams.com.
8.2.2 will not be exercised unless we believe that to the Lot or to other persons or things caused under this agreement must be in writing and may at Montpelier Galleries, Montpelier Street, London, SW7 1HH, damage, restoration or modification work (as the case may “Withdrawal Notice” the Seller’s written notice to Bonhams
there exists a serious prospect of a good by: be delivered by hand or sent by registered post United Kingdom (which for the purpose of the Personal Data be) does not substantially affect the identity of the Lot as one revoking Bonhams’ instructions to sell a Lot.
arguable case in favour of the claim. or air mail or fax transmission (if to Bonhams (Privacy) Ordinance (Chapter 486 of the Laws of Hong Kong) is conforming to the description of the Lot. “Without Reserve” where there is no minimum price at which
10.2.1 handling the Lot if it was affected at the time marked for the attention of the Company the data user) or by e-mail at client.services@ bonhams.com. “Guarantee” the obligation undertaken personally by a Lot may be sold (whether at auction or by private treaty).
9 FORGERIES of sale to you by woodworm and any damage Secretary), to the address or fax number of Bonhams to the Buyer in respect of any Forgery and, in the
9.1 We undertake a personal responsibility for any is caused as a result of it being affected by the relevant party given in the Contract Form APPENDIX 3 case of specialist Stamp Sales and/or specialist Book Sales, GLOSSARY
Forgery in accordance with the terms of this woodworm; or (unless notice of any change of address is given a Lot made up of a Stamp or Stamps or a Book or Books as The following expressions have specific legal meanings with
paragraph 9. in writing). It is the responsibility of the sender of DEFINITIONS and GLOSSARY set out in the Buyer’s Agreement. which you may not be familiar. The following glossary is
9.2 Paragraph 9 applies only if: 10.2.2 changes in atmospheric pressure; nor will we the notice or communication to ensure that it is Where these Definitions and Glossary are incorporated, the “Hammer Price” the price in the currency in which the intended to give you an understanding of those expressions
be liable for: received in a legible form within any applicable following words and phrases used have (unless the context Sale is conducted at which a Lot is knocked down by the but is not intended to limit their legal meanings:-
9.2.1 your name appears as the named person to 10.2.3 damage to tension stringed musical time period. otherwise requires) the meanings given to them below. The Auctioneer.
whom the original invoice was made out by us instruments; or Glossary is to assist you to understand words and phrases “Hong Kong” the Hong Kong Special Administrative Region “artist’s resale right”: the right of the creator of a work of
in respect of the Lot and that invoice has been 11.5 If any term or any part of any term of this which have a specific legal meaning with which you may not of the People’s Republic of China. art to receive a payment on sales of that work subsequent to
paid; and 10.2.4 damage to gilded picture frames, plaster picture agreement is held to be unenforceable or invalid, be familiar. “Loss and Damage Warranty” means the warranty the original sale of that work by the creator of it as set out in
frames or picture frame glass; and if the Lot is such unenforceability or invalidity will not affect LIST OF DEFINITIONS described in paragraph 8.2.1 of the Conditions of Business. the Artists Resale Right Regulations 2006.
9.2.2 you notify us in writing as soon as reasonably or becomes dangerous, we may dispose of it the enforceability and validity of the remaining “Additional Premium” a premium, calculated in accordance “Loss and Damage Warranty Fee” means the fee “bailee”: a person to whom goods are entrusted.
practicable after you have become aware that without notice to you in advance in any manner terms or the remainder of the relevant term. with the Notice to Bidders, to cover Bonhams’ expenses described in paragraph 8.2.3 of the Conditions of Business. “indemnity”: an obligation to put the person who has
the Lot is or may be a Forgery, and in any event we think fit and we will be under no liability to relating to the payment of royalties under the Artists Resale “Lot” any item consigned to Bonhams with a view to its sale the benefit of the indemnity in the same position in which
within one year after the Sale, that the Lot is a you for doing so. 11.6 References in this agreement to Bonhams Right Regulations 2006 which is payable by the Buyer to at auction or by private treaty (and reference to any Lot will he would have been, had the circumstances giving rise to
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Forgery; and will, where appropriate, include reference to Bonhams on any Lot marked [ ] which sells for a Hammer include, unless the context otherwise requires, reference to the indemnity not arisen and the expression “indemnify” is
10.3 We will not be liable to you for any loss of Bonhams’ officers, employees and agents. Price which together with the Buyer’s Premium (but excluding individual items comprised in a group of two or more items construed accordingly.
9.2.3 within one month after such notification has Business, Business profits, revenue or income any VAT) equals or exceeds 1000 euros (converted into offered for sale as one lot). “interpleader proceedings”: proceedings in the Courts to
been given, you return the Lot to us in the same or for loss of Business reputation or for disruption 11.7 The headings used in this agreement are the currency of the Sale using the European Central Bank “Motoring Catalogue Fee” a fee payable by the Seller to determine ownership or rights over a Lot.
condition as it was at the time of the Sale, to Business or wasted time on the part of the for convenience only and will not affect its Reference rate prevailing on the date of the Sale). Bonhams in consideration of the additional work undertaken “knocked down”: when a Lot is sold to a Bidder, indicated
accompanied by written evidence that the Lot Buyer’s management or staff or, if you are buying interpretation. “Auctioneer” the representative of Bonhams conducting the by Bonhams in respect of the cataloguing of motor vehicles by the fall of the hammer at the Sale.
is a Forgery and details of the Sale and Lot the Lot in the course of a Business, for any 11.8 In this agreement “including” means “including, Sale. and in respect of the promotion of sales of motor vehicles. “lien”: a right for the person who has possession of the Lot
number sufficient to identify the Lot. indirect losses or consequential damages of without limitation”. “Bidder” a person who has completed a Bidding Form. “New Bond Street” means Bonhams’ saleroom at 101 New to retain possession of it.
any kind, irrespective in any case of the nature, “Bidding Form” our Bidder Registration Form, our Absentee Bond Street, London W1S 1SR. “risk”: the possibility that a Lot may be lost, damaged,
9.3 Paragraph 9 will not apply in respect of a volume or source of the loss or damage alleged 11.9 References to the singular will include reference and Telephone Bidding Form. “Notional Charges” the amount of Commission and Tax destroyed, stolen, or deteriorate in condition or value.
Forgery if: to be suffered, and irrespective of whether the to the plural (and vice versa) and reference to any “Bonhams” Bonhams (Hong Kong) Limited or its successors which would have been payable if the Lot had been sold at “title”: the legal and equitable right to the ownership of a Lot.
said loss or damage is caused by or claimed one gender will include reference to the other or assigns. Bonhams is also referred to in the Buyer’s the Notional Price. “tort”: a legal wrong done to someone to whom the wrong
9.3.1 the Entry in relation to the Lot contained in in respect of any negligence, other tort, breach genders. Agreement, the Conditions of Business and the Notice to “Notional Fee” the sum on which the Consignment Fee doer has a duty of care.
the Catalogue reflected the then accepted of contract, statutory duty, bailee’s duty, a Bidders by the words “we”, “us” and “our”. payable to Bonhams by the Seller is based and which is
general opinion of scholars and experts or restitutionary claim or otherwise. 11.10 Reference to a numbered paragraph is to a “Book” a printed book offered for sale at a specialist book calculated according to the formula set out in the Conditions
fairly indicated that there was a conflict of such paragraph of this agreement. sale. of Business. SALE OF GOODS ORDINANCE (Chapter 26 of the Laws
opinion or reflected the then current opinion of 10.4 In any circumstances where we are liable to “Business” includes any trade, business and profession. “Notional Price” the latest in time of the average of the of Hong Kong)
an expert acknowledged to be a leading expert you in respect of a Lot, or any act, omission, 11.11 Save as expressly provided in paragraph 11.12 “Buyer” the person to whom a Lot is knocked down by the high and low estimates given by us to you or stated in the The following is an extract from the Sale of Goods Ordinance
in the relevant field; or statement, representation in respect of it, or nothing in this agreement confers (or purports to Auctioneer. The Buyer is also referred to in the Contract of Catalogue or, if no such estimates have been given or stated, (Chapter 26 of the Laws of Hong Kong):
this agreement or its performance, and whether confer) on any person who is not a party to this Sale and the Buyer’s Agreement by the words “you” and the Reserve applicable to the Lot.
9.3.2 it can be established that the Lot is a Forgery damages, for an indemnity or contribution or for agreement any benefit conferred by, or the right “your”. “Notice to Bidders” the notice printed at the front of our “Section 14 Implied undertaking as to title etc.
only by means of a process not generally a restitutionary remedy or in any way whatsoever, to enforce any term of, this agreement. “Buyer’s Agreement” the contract entered into by Catalogues.
accepted for use until after the date on which our liability will be limited to payment of a sum Bonhams with the Buyer (see Appendix 2 in the Catalogue). “Purchase Price” the aggregate of the Hammer Price and (1) In every contract of sale, other than one to
the Catalogue was published or by means of which will not exceed by way of maximum the 11.12 Where this agreement confers an immunity “Buyer’s Premium” the sum calculated on the Hammer Tax which subsection (2) applies, there is-
a process which it was unreasonable in all the amount of the Purchase Price of the Lot plus from, and/or an exclusion or restriction of, the Price at the rates stated in the Notice to Bidders. on the Hammer Price. (where applicable) the Buyer’s
circumstances for us to have employed. Buyer’s Premium (less any sum you maybe responsibility and/or liability of Bonhams, it will also “Catalogue” the catalogue relating to the relevant Sale, Premium (a) an implied condition on the part of the seller
entitled to recover from the Seller) irrespective operate in favour and for the benefit of Bonhams’ including any representation of the catalogue published on and VAT on the Buyer’s Premium and any Expenses. that in the case of the sale, he has a right to sell
9.4 You authorise us to carry out such processes in any case of the nature, volume or source of holding company and the subsidiaries of such our Website. “Reserve” the minimum price at which a Lot may be sold the goods, and in the case of an agreement to
and tests on the Lot as we in our absolute any loss or damage alleged to be suffered or holding company and the successors and assigns “Commission” the commission payable by the Seller to (whether at auction or by private treaty). sell, he will have a right to sell the goods at the
discretion consider necessary to satisfy sum claimed as due, and irrespective of whether of Bonhams and of such companies and of any Bonhams calculated at the rates stated in the Contract Form. “Sale” the auction sale at which a Lot is to be offered for time when the property is to pass; and
ourselves that the Lot is or is not a Forgery. the liability arises from negligence, other tort, officer, employee and agent of Bonhams and such “Condition Report” a report on the physical condition of a sale by Bonhams.
breach of contract, statutory duty, bailee’s duty, a companies, each of whom will be entitled to avail Lot provided to a Bidder or potential Bidder by Bonhams on “Sale Proceeds” the net amount due to the Seller from the (b) an implied warranty that the goods are
9.5 If we are satisfied that a Lot is a Forgery we will restitutionary claim or otherwise. itself of the same relevant right at law. behalf of the Seller. sale of a Lot, being the Hammer Price less the Commission, free, and will remain free until the time when
(as principal) purchase the Lot from you and “Consignment Fee” a fee payable to Bonhams by the Seller any Tax chargeable thereon, Expenses and any other amount the property is to pass, from any charge or
you will transfer the title to the Lot in question You may wish to protect yourself against loss by 12 GOVERNING LAW calculated at rates set out in the Conditions of Business. due to us in whatever capacity and howsoever arising. encumbrance not disclosed or known to the
to us, with full title guarantee, free from any obtaining insurance. 12.1 Law “Contract Form” the contract form, or vehicle entry form, “Seller” the person who offers the Lot for sale named on buyer before the contract is made and that the
liens, charges, encumbrances and adverse as applicable, signed by or on behalf of the Seller listing the the Contract Form. Where the person so named identifies on buyer will enjoy quiet possession of the goods
claims, in accordance with the provisions of 10.5 Nothing set out above will be construed as All transactions to which this agreement applies Lots to be offered for sale by Bonhams. the form another person as acting as his agent, or where the except so far as it may be disturbed by the owner
Sections 14(1) (a) and 14(1)(b) of the Sale of excluding or restricting (whether directly or and all connected matters will be governed by “Contract for Sale” the sale contract entered into by the person named on the Contract Form acts as an agent for a or other person entitled to the benefit of any
Goods Ordinance (Chapter 26 of the Laws of indirectly) any person’s liability or excluding and construed in accordance with the laws of Seller with the Buyer (see Appendix 1 in the Catalogue). principal (whether such agency is disclosed to Bonhams or charge or encumbrance so disclosed or known.
Hong Kong) and we will pay to you an amount restricting any person’s rights or remedies in Hong Kong. Bonhams has a disputes procedure “Contractual Description” the only description of the Lot not), “Seller” includes both the agent and the principal who
equal to the sum of the Purchase Price, Buyer’s respect of (i) fraud, or (ii) death or personal in place. (being that part of the Entry about the Lot in the Catalogue shall be jointly and severally liable as such. The Seller is also (2) In a contract of sale, in the case of which there
Premium, Tax and Expenses paid by you in injury caused by our negligence (or any person which is in bold letters, any photograph (except for the colour) referred to in the Conditions of Business by the words “you” appears from the contract or is to be inferred
respect of the Lot. under our control or for whom we are legally 12.2 Language and the contents of any Condition Report) to which the Seller and “your”. from the circumstances of the contract an
responsible), or (iii) acts or omissions for which undertakes in the Contract of Sale the Lot corresponds. “Specialist Examination” a visual examination of a Lot by a intention that the seller should transfer only such
9.6 The benefit of paragraph 9 is personal to, and we are liable under the Occupiers Liability The Buyer’s Agreement is published in both “Description” any statement or representation in any specialist on the Lot. title as he or a third person may have, there is-

incapable of assignment by, you. Ordinance (Chapter 314 of the Laws of Hong Chinese and English. If there is any dispute in its way descriptive of the Lot, including any statement or “Stamp” means a postage stamp offered for sale at a
Kong) , or (iv) any other liability to the extent the interpretation, the English version will prevail. representation relating to its authorship, attribution, condition, Specialist Stamp sale. (a) an implied warranty that all charges or
9.7 If you sell or otherwise dispose of your interest same may not be excluded or restricted as a provenance, authenticity, style, period, age, suitability, quality, “Standard Examination” a visual examination of a Lot by a encumbrances known to the seller and not
in the Lot, all rights and benefits under this matter of law, or (v) under our undertaking in DATA PROTECTION - USE OF YOUR INFORMATION origin, value, estimated selling price (including the Hammer non-specialist member of Bonhams’ staff. known to the buyer have been disclosed to the
paragraph will cease. paragraph 9 of these conditions. As a result of the services provided by us, we obtain personal Price). “Storage Contract” means the contract described in buyer before the contract is made; and
data about you (which expression for the purposes of this “Entry” a written statement in the Catalogue identifying the paragraph 8.3.3 of the Conditions of Business or paragraph
9.8 Paragraph 9 does not apply to a Lot made up 11 MISCELLANEOUS paragraph only includes your employees and officers, if Lot and its lot number which may contain a description and 4.4 of the Buyer’s Agreement (as appropriate). (b) an implied warranty that neither-

of or including a Chinese painting or Chinese 11.1 You may not assign either the benefit or burden relevant). You agree to our use of it as follows. illustration(s) relating to the Lot. “Storage Contractor” means the company identified as (i) the seller; nor
paintings, a motor vehicle or motor vehicles, a of this agreement. “Estimate” a statement of our opinion of the range within such in the Catalogue. (ii) in a case where the parties to the contract
Stamp or Stamps or a Book or Books. We may use your data to notify you about changes to our which the hammer is likely to fall. “Tax” means all taxes, charges, duties, imposts, fees, levies intend that the seller should transfer only
11.2 Our failure or delay in enforcing or exercising services and to provide you with information about products “Expenses” charges and expenses paid or payable by or other assessments, and all estimated payments thereof, such title as a third person may have, that
10 OUR LIABILITY any power or right under this agreement will not or services that you request from us or which we feel may Bonhams in respect of the Lot including legal expenses, including without limitation income, business profits, branch person; nor
10.1 We will not be liable whether in negligence, operate or be deemed to operate as a waiver be of interest to you. Data about you may be analysed to banking charges and expenses incurred as a result of profits, excise, property, sales, use, value added (VAT), (iii) anyone claiming through or under the
other tort, breach of contract or statutory duty of our rights under it except to the extent of any identify your potential preferences for these purposes. We an electronic transfer of money, charges and expenses environmental, franchise, customs, import, payroll, transfer, seller or that third person otherwise than
or in restitution or under the Misrepresentation express waiver given to you in writing. Any such may disclose your data to any member of our group (which for insurance, catalogue and other reproductions and gross receipts, withholding, social security, unemployment under a charge or encumbrance disclosed
Ordinance (Chapter 284 of the Laws of Hong waiver will not affect our ability subsequently to means our subsidiaries, our ultimate holding company and illustrations, any customs duties, advertising, packing or taxes, as well as stamp duties and other costs, imposed by or known to the buyer before the contract
Kong) or in any other way for lack of conformity enforce any right arising under this agreement. its subsidiaries as defined in section 1159 and schedule 6 of shipping costs, reproductions rights’ fees, Taxes, levies, the Hong Kong government applicable from time to time and is made, will disturb the buyer’s quiet
with or any inaccuracy, error, misdescription the Companies Act 2006, including any overseas subsidiary). costs of testing, searches or enquiries, preparation of the any interest and penalty relating to such taxes, charges, fees, possession of the goods.
HK/NTB/MAIN/9.2017 HK/NTB/MAIN/9.2017
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