Page 169 - Nov 28 Chinese Art Hong Kong

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.
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,
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
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),
use your data for similar purposes. person to deceive as to authorship, attribution, origin, committed for political, religious or ideological or similar
authenticity, style, date, age, period, provenance, culture, purposes including, but not limited to, the intention to
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
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.
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
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
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
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.
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.
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
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.
(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
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).
Bonhams to the Buyer in respect of any Forgery and, in the
APPENDIX 3 case of specialist Stamp Sales and/or specialist Book Sales, GLOSSARY
a Lot made up of a Stamp or Stamps or a Book or Books as The following expressions have specific legal meanings with
DEFINITIONS and GLOSSARY set out in the Buyer’s Agreement. which you may not be familiar. The following glossary 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
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:-
otherwise requires) the meanings given to them below. The Auctioneer.
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
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
be familiar. “Loss and Damage Warranty” means the warranty the original sale of that work by the creator of it as set out in
LIST OF DEFINITIONS described in paragraph 8.2.1 of the Conditions of Business. the Artists Resale Right Regulations 2006.
“Additional Premium” a premium, calculated in accordance “Loss and Damage Warranty Fee” means the fee “bailee”: a person to whom goods are entrusted.
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
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
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
AR
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
Price which together with the Buyer’s Premium (but excluding individual items comprised in a group of two or more items construed accordingly.
any VAT) equals or exceeds 1000 euros (converted into offered for sale as one lot). “interpleader proceedings”: proceedings in the Courts to
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.
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
“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.
Sale. and in respect of the promotion of sales of motor vehicles. “lien”: a right for the person who has possession of the Lot
“Bidder” a person who has completed a Bidding Form. “New Bond Street” means Bonhams’ saleroom at 101 New to retain possession of it.
“Bidding Form” our Bidder Registration Form, our Absentee Bond Street, London W1S 1SR. “risk”: the possibility that a Lot may be lost, damaged,
and Telephone Bidding Form. “Notional Charges” the amount of Commission and Tax destroyed, stolen, or deteriorate in condition or value.
“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.
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
Agreement, the Conditions of Business and the Notice to “Notional Fee” the sum on which the Consignment Fee doer has a duty of care.
Bidders by the words “we”, “us” and “our”. payable to Bonhams by the Seller is based and which is
“Book” a printed book offered for sale at a specialist book calculated according to the formula set out in the Conditions
sale. of Business. SALE OF GOODS ORDINANCE (Chapter 26 of the Laws
“Business” includes any trade, business and profession. “Notional Price” the latest in time of the average of the of Hong Kong)
“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
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):
Sale and the Buyer’s Agreement by the words “you” and the Reserve applicable to the Lot.
“your”. “Notice to Bidders” the notice printed at the front of our “Section 14 Implied undertaking as to title etc.
“Buyer’s Agreement” the contract entered into by Catalogues.
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
“Buyer’s Premium” the sum calculated on the Hammer Tax which subsection (2) applies, there is-
Price at the rates stated in the Notice to Bidders. on the Hammer Price. (where applicable) the Buyer’s
“Catalogue” the catalogue relating to the relevant Sale, Premium (a) an implied condition on the part of the seller
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
our Website. “Reserve” the minimum price at which a Lot may be sold the goods, and in the case of an agreement to
“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
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
“Condition Report” a report on the physical condition of a sale by Bonhams.
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
behalf of the Seller. sale of a Lot, being the Hammer Price less the Commission, free, and will remain free until the time when
“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
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
“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
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
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
“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
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.
“Contractual Description” the only description of the Lot not), “Seller” includes both the agent and the principal who
(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
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
and the contents of any Condition Report) to which the Seller and “your”. from the circumstances of the contract an
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
“Description” any statement or representation in any specialist on the Lot. title as he or a third person may have, there is-
way descriptive of the Lot, including any statement or “Stamp” means a postage stamp offered for sale at a
representation relating to its authorship, attribution, condition, Specialist Stamp sale. (a) an implied warranty that all charges or
provenance, authenticity, style, period, age, suitability, quality, “Standard Examination” a visual examination of a Lot by a encumbrances known to the seller and not
origin, value, estimated selling price (including the Hammer non-specialist member of Bonhams’ staff. known to the buyer have been disclosed to the
Price). “Storage Contract” means the contract described in buyer before the contract is made; and
“Entry” a written statement in the Catalogue identifying the paragraph 8.3.3 of the Conditions of Business or paragraph
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-
illustration(s) relating to the Lot. “Storage Contractor” means the company identified as (i) the seller; nor
“Estimate” a statement of our opinion of the range within such in the Catalogue. (ii) in a case where the parties to the contract
which the hammer is likely to fall. “Tax” means all taxes, charges, duties, imposts, fees, levies intend that the seller should transfer only
“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
Bonhams in respect of the Lot including legal expenses, including without limitation income, business profits, branch person; nor
banking charges and expenses incurred as a result of profits, excise, property, sales, use, value added (VAT), (iii) anyone claiming through or under the
an electronic transfer of money, charges and expenses environmental, franchise, customs, import, payroll, transfer, seller or that third person otherwise than
for insurance, catalogue and other reproductions and gross receipts, withholding, social security, unemployment under a charge or encumbrance disclosed
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
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
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
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