Page 236 - Bonhams Japanese art nov 7 2024
P. 236
Registration and Bidding Form
Registration and Bidding Form
will not affect the enforceability and validity of the remaining “Contract Form” the Contract Form, or vehicle Entry form, as “Storage Contractor” means the company identified as such in the
(Attendee / Absentee / Telephone Bidding)
terms or the remainder of the relevant term. applicable, signed by or on behalf of the Seller listing the Lots to be Catalogue. (Attendee / Absentee / T elephone Bidding)
12.6 References in this agreement to Bonhams will, where offered for Sale by Bonhams. “Terrorism” means any act or threatened act of terrorism, whether Paddle number (for of fice use only)
cle your bidding method above.
Please cir
Paddle number (for office use only)
appropriate, include reference to Bonhams’ officers, employees “Contract for Sale” the Sale contract entered into by the Seller with any person is acting alone or on behalf of or in connection with any Please circle your bidding method above.
and agents. the Buyer (see Appendix 1 in the Catalogue). organisation(s) and/or government(s), committed for political, religious
12.7 The headings used in this agreement are for convenience only “Contractual Description” the only Description of the Lot (being or ideological or similar purposes including, but not limited to, the
and will not affect its interpretation. that part of the Entry about the Lot in the Catalogue which is in bold intention to influence any government and/or put the public or any The Sale, including all bidding and buying, is gover ned
The Sale, including all bidding and buying, is governed
Sale date:
12.8 In this agreement “including” means “including, without letters, any photograph (except for the colour) and the contents of any section of the public into fear. by Bonhams’ Conditions of Sale. You should read the Sale title:Sale title: Sale date:
ou should r
by Bonhams’ Conditions of Sale. Y
ead the
limitation”. Condition Report) to which the Seller undertakes in the Contract of “VAT” value added tax at the prevailing rate at the date of the Sale in Conditions and any Sales Information prior to bidding
Conditions and any Sales Information prior to bidding
12.9 References to the singular will include reference to the plural Sale the Lot corresponds. the United Kingdom. and ensur e you understand the char ges payable on any
and ensure you understand the charges payable on any
Sale no.
Sale venue:
(and vice versa) and reference to any one gender will include “Description” any statement or representation in any way descriptive “Website” Bonhams Website at www.bonhams.com Sale no. Sale venue:
pur
chase you make. The Conditions also set out certain
reference to the other genders. of the Lot, including any statement or representation relating to its “Withdrawal Notice” the Seller’s written notice to Bonhams revoking purchase you make. The Conditions also set out certain
e not attending the sale in person, please pr
ovide details of the Lots on which you wish to bid at least 24 hours
If you ar
12.10 Reference to a numbered paragraph is to a paragraph of this authorship, attribution, condition, provenance, authenticity, style, Bonhams’ instructions to sell a Lot. undertakings by bidders and buyers and limits Bonhams’ If you are not attending the sale in person, please provide details of the Lots on which you wish to bid at least 24 hours
undertakings by bidders and buyers and limits Bonhams’
agreement. period, age, suitability, quality, origin, value, estimated selling price “Without Reserve” where there is no minimum price at which a Lot liability to you. Please note an invoice for a purchased prior to the sale. Bids will be r ounded down to the near est incr ement. Please r efer to the Notice to Bidders in the catalogue
prior to the sale. Bids will be rounded down to the nearest increment. Please refer to the Notice to Bidders in the catalogue
chased
liability to you. Please note an invoice for a pur
12.11 Save as expressly provided in paragraph 12.12 nothing in this (including the Hammer Price). may be sold (whether at auction or by private treaty). lot will be made out in the name as shown on this form for further information r elating to Bonhams executing telephone, online or absentee bids on your behalf. Bonhams will
lot will be made out in the name as shown on this form
for further information relating to Bonhams executing telephone, online or absentee bids on your behalf. Bonhams will
agreement confers (or purports to confer) on any person who “Entry” a written statement in the Catalogue identifying the Lot and its GLOSSARY and payment will only be accepted fr om an account in endeavour to execute these bids on your behalf but will not be liable for any errors or failing to execute bids..
endeavour to execute these bids on your behalf but will not be liable for any err
d
and payment will only be accepted from an account in
ors or failing to execute b
s
i
is not a party to this agreement any benefit conferred by, or the Lot number which may contain a Description and illustration(s) relating The following expressions have specific legal meanings with which you that name (or the name of the company if the bid is on
that name (or the name of the company if the bid is on
General Bid Incr
ements:
right to enforce any term of, this agreement. to the Lot. may not be familiar. The following glossary is intended to give you an General Bid Increments:
behalf of that company).
12.12 Where this agreement confers an immunity from, and/or an “Estimate” a statement of our opinion of the range within which the understanding of those expressions but is not intended to limit their behalf of that company). £10 - 200 ..................... by 10s £10,000 - 20,000 ......... by 1,000s
£10 - 200 .....................by 10s
£10,000 - 20,000 .........by 1,000s
exclusion or restriction of, the responsibility and/or liability hammer is likely to fall. legal meanings:
...................
£20,000 - 50,000 .........by 2,000 / 5,000 / 8,000s
by 20 / 50 / 80s
£200 - 500
of Bonhams, it will also operate in favour and for the benefit “Expenses” charges and Expenses paid or payable by Bonhams “artist’s resale right”: the right of the creator of a work of art to receive £200 - 500 ...................by 20 / 50 / 80s £20,000 - 50,000 ......... by 2,000 / 5,000 / 8,000s
.......
by 5,000s
£500 - 1,000 ................by 50s
£50,000 - 100,000
of Bonhams’ holding company and the subsidiaries of such in respect of the Lot including legal Expenses, banking charges and a payment on Sales of that work subsequent to the original Sale of Data protection £500 - 1,000 ................ by 50s £50,000 - 100,000 .......by 5,000s
Data pr
otection
e we obtain any personal information about you when
Wher
holding company and the successors and assigns of Bonhams Expenses incurred as a result of an electronic transfer of money, that work by the creator of it as set out in the Artist’s Resale Right Where we obtain any personal information about you when £1,000 - 2,000 .............by 100s £100,000 - 200,000 .....by 10,000s
by 10,000s
.....
£100,000 - 200,000
£1,000 - 2,000
by 100s
.............
and of such companies and of any officer, employee and charges and Expenses for loss and damage cover, insurance, Regulations 2006, as amended. you r egister or bid with us, we shall only use it in accor dance £2,000 - 5,000 .............by 200 / 500 / 800s above £200,000 ........... at the auctioneer’ s discr etion
you register or bid with us, we shall only use it in accordance
.............
above £200,000 ...........at the auctioneer’s discretion
by 200 / 500 / 800s
£2,000 - 5,000
agent of Bonhams and such companies, each of whom will be Catalogue and other reproductions and illustrations, any customs “bailee”: a person to whom goods are entrusted. with the terms of our Privacy Policy. A copy of our Privacy
. A copy of our Privacy
with the terms of our Privacy Policy
£5,000 - 10,000 ...........by 500s
entitled to rely on the relevant immunity and/or exclusion and/ duties, advertising, packing or shipping costs, reproductions rights’ “indemnity”: an obligation to put the person who has the benefit Policy can be found on our website (www .bonhams.com) or £5,000 - 10,000 ........... by 500s
Policy can be found on our website (www.bonhams.com) or
or restriction within and for the purposes of Contracts (Rights of fees, taxes, levies, costs of testing, searches or enquiries, preparation of the indemnity in the same position in which he would have been, The auctioneer has discretion to split any bid at any time.
etion to split any bid at any time.
The auctioneer has discr
equested by post fr
om Customer Services Department,
r
Third Parties) Act 1999, which enables the benefit of a contract of the Lot for Sale, storage charges, removal charges, removal charges had the circumstances giving rise to the indemnity not arisen and the requested by post from Customer Services Department,
101 New Bond Str
eet, London W1S 1SR United Kingdom
to be extended to a person who is not a party to the contract, or costs of collection from the Seller as the Seller’s agents or from a expression “indemnify” is construed accordingly. 101 New Bond Street, London W1S 1SR United Kingdom
itle
Customer Number
T
or by e-mail fr
and generally at law. defaulting Buyer, plus VAT if applicable. “interpleader proceedings”: proceedings in the Courts to determine or by e-mail from info@bonhams.com. Customer Number Title
om info@bonhams.com.
13 GOVERNING LAW “Forgery” an imitation intended by the maker or any other person to ownership or rights over a Lot.
First Name
Last Name
All transactions to which this agreement applies and all deceive as to authorship, attribution, origin, authenticity, style, date, “knocked down”: when a Lot is sold to a Bidder, indicated by the fall We may from time to time provide you with information about First Name Last Name
W
e may fr
ovide you with information about
om time to time pr
connected matters will be governed by and construed in age, period, provenance, culture, source or composition, which at the of the hammer at the Sale. goods and services that we believe may inter est you, based
goods and services that we believe may interest you, based
accordance with the laws of that part of the United Kingdom date of the Sale had a value materially less than it would have had if the “lien”: a right for the person who has possession of the Lot to retain Company name (if applicable)
Company name (if applicable)
evious interactions with us. Y
ou can opt out of
on your pr
where the Sale takes (or is to take) place and we and you each Lot had not been such an imitation, and which is not stated to be such possession of it. on your previous interactions with us. You can opt out of
eceiving these communications at any time. If you do not
submit to the exclusive jurisdiction of the courts of that part an imitation in any description of the Lot. A Lot will not be a Forgery by “risk”: the possibility that a Lot may be lost, damaged, destroyed, r receiving these communications at any time. If you do not
Company Registration number
(if applicable)
want to receive such communications, please tick this boxeceive such communications, please tick this box
of the United Kingdom, save that we may bring proceedings reason of any damage to, and/or restoration and/ or modification work stolen, or deteriorate in condition or value. want to r Company Registration number (if applicable)
against you in any other court of competent jurisdiction to (including repainting or over painting) having been carried out on the “title”: the legal and equitable right to the ownership of a Lot.
Addr
ess
the extent permitted by the laws of the relevant jurisdiction. Lot, where that damage, “tort”: a legal wrong done to someone to whom the wrong doer has Address
Bonhams has a complaints procedure in place. restoration or modification work (as the case may be) does not a duty of care.
Notice to Bidders.
City
DATA PROTECTION – USE OF YOUR INFORMATION substantially affect the identity of the Lot as one conforming to the “warranty”: a legal assurance or promise, upon which the person to Notice to Bidders. City
At least 24 hours prior to the Sale, you must provide
Where we obtain any personal information about you, we shall only Description of the Lot. whom the warranty was given has the right to rely. At least 24 hours prior to the Sale, you must pr ovide
nment issued photo ID, e.g., a passport or driving
gover
use it in accordance with the terms of our Privacy Policy (subject to “Guarantee” the obligation undertaken personally by Bonhams to the SALE OF GOODS ACT 1979 government issued photo ID, e.g., a passport or driving Post / Zip code County / State
County / State
Post / Zip code
oof
licence and - if not included on the ID document - pr
any additional specific consent(s) you may have given at the time Buyer in respect of any Forgery and, in the case of specialist Stamp The following is an extract from the Sale of Goods Act 1979: licence and - if not included on the ID document - proof
your information was disclosed). A copy of our Privacy Policy can be Sales and/or specialist Book Sales, a Lot made up of a Stamp or “Section 12 Implied terms about title, etc of addr ess, e.g., a curr ent utility bill, or bank/cr edit car d
of address, e.g., a current utility bill, or bank/credit card
Country
found on our Website www.bonhams.com or requested by post from Stamps or a Book or Books as set out in the Buyer’s Agreement. (1) In a contract of sale, other than one to which subsection (3) below statement. Corporate clients must also pr ovide their Telephone (mobile) Country
Telephone (mobile)
statement. Corporate clients must also provide their
Customer Services Department, 101 New Bond Street, London W1S “Hammer Price” the price in the currency in which the Sale is applies, there is an implied term on the part of the seller that in the
company r
oof of
egistration documents, documentary pr
1SR, United Kingdom or by email from info@bonhams.com. conducted at which a Lot is knocked down by the Auctioneer. case of a sale he has a right to sell the goods, and in the case of company registration documents, documentary proof of Telephone (landline)
Telephone (landline)
beneficial owners owning 25% or more of the company and
“Loss and Damage Warranty” means the warranty described in an agreement to sell he will have such a right at the time when the beneficial owners owning 25% or mor e of the company and
e
s authority to act. Failur
confirmation of the named individual’
APPENDIX 3 paragraph 8.2 of the Conditions of Business. property is to pass. confirmation of the named individual’s authority to act. Failure E-mail
(in capitals)
esult in your bids not being
to pr
ovide these documents may r
“Loss and Damage Warranty Fee” means the fee described in (2) In a contract of sale, other than one to which subsection (3) below to provide these documents may result in your bids not being E-mail (in capitals)
ovide documents
e not able to pr
pr
ocessed. Clients who ar
DEFINITIONS AND GLOSSARY paragraph 8.2.3 of the Conditions of Business. applies, there is also an implied term that- processed. Clients who are not able to provide documents
Where these Definitions and Glossary are incorporated, the following “Lot” any item consigned to Bonhams with a view to its Sale at auction (a) the goods are free, and will remain free until the time prior to Sale may opt to bid online using our cr edit car d Please answer all questions below
Please answer all questions below
prior to Sale may opt to bid online using our credit card
words and phrases used have (unless the context otherwise requires) or by private treaty (and reference to any Lot will include, unless the when the property is to pass, from any charge or 1. ID supplied: Government issued ID and (if the ID does not confirm your address) current utility bill/ bank statement.
nment issued ID and (if the ID does not confirm your addr
ent utility bill/ bank statement.
ess) curr
1. ID supplied: Gover
equest
verification option. Please note we r
eserve the right to r
the meanings given to them below. The Glossary is to assist you to context otherwise requires, reference to individual items comprised in a encumbrance not disclosed or known to the buyer verification option. Please note we reserve the right to request
efer
a bank r
ence or deposit.
If a company, please provide the Certificate of Incorporation, your ID (as above) (plus, if not a director, a letter authorising you
understand words and phrases which have a specific legal meaning group of two or more items offered for Sale as one Lot). before the contract is made, and a bank reference or deposit. If a company , please pr ovide the Certificate of Incorporation, your ID (as above) (plus, if not a dir ector , a letter authorising you
s beneficial owners
to act), and documentary evidence of the company’
with which you may not be familiar. “Motoring Catalogue Fee” a fee payable by the Seller to Bonhams in (b) the buyer will enjoy quiet possession of the goods to act), and documentary evidence of the company’s beneficial owners
LIST OF DEFINITIONS consideration of the additional work undertaken by Bonhams in respect except in so far as it may be disturbed by the owner or
“Account” the bank account of Bonhams into which all sums received of the cataloguing of motor vehicles and in respect of the promotion of other person entitled to the benefit of any charge or 2. Are you representing the Bidder? If yes, please complete question 3.
2. Are you representing the Bidder? If yes, please complete question 3.
in respect of the Purchase Price of any Lot will be paid. Sales of motor vehicles. encumbrance so disclosed or known.
“Additional Premium” a premium, calculated in accordance with “New Bond Street” means Bonhams’ saleroom at 101 New Bond (3) This subsection applies to a contract of sale in the case of which If successful 3. Bidder's name, addr
3. Bidder's name, address and contact details (phone and email):ess and contact details (phone and email):
If successful
the Notice to Bidders, to cover Bonhams’ Expenses relating to the Street, London W1S 1SR. there appears from the contract or is to be inferred from its I will collect the pur chases myself
I will collect the purchases myself
Bidder’s ID: Government issued ID and (if the ID does not confirm their address) current utility bill/bank statement
payment of royalties under the Artist’s Resale Right Regulations 2006, “Notional Charges” the amount of Commission and VAT which would circumstances an intention that the seller should transfer only such Bidder’ s ID: Gover nment issued ID and (if the ID does not confirm their addr ess) curr ent utility bill/bank statement
as amended, which is payable by the Buyer to Bonhams on any Lot have been payable if the Lot had been sold at the Notional Price. title as he or a third person may have. Please arrange shippers to contact me with
Please arrange shippers to contact me with
egister
ed for V
If r
T in the EU please enter your r
egistration her
e:
A
Are you acting in a business capacity?
marked [AR] which sells for a Hammer Price which together with the “Notional Fee” the sum on which the Consignment Fee payable to Ar e you acting in a business capacity? If registered for VAT in the EU please enter your registration here:
a quote and I agree that you may pass them
Buyer’s Premium (but excluding any VAT) equals or exceeds 1000 Bonhams by the Seller is based and which is calculated according to (4) In a contract to which subsection (3) above applies there is an a quote and I agr ee that you may pass them Y Yes No / - -- -
/
es No
my contact details.
pounds. the formula set out in the Conditions of Business. implied term that all charges or encumbrances known to the seller my contact details.
“Auctioneer” the representative of Bonhams conducting “Notional Price” the latest in time of the average of the high and low and not known to the buyer have been disclosed to the buyer
the Sale. Estimates given by us to you or stated in the Catalogue or, if no such before the contract is made. Please note that all telephone calls may be r ecor ded.
Please note that all telephone calls may be recorded.
“Bidder” Any person considering, attempting or making a Bid, Estimates have been given or stated, the Reserve applicable to the Lot. (5) In a contract to which subsection (3) above applies there is also an
MAX bid in GBP
including those who have completed a Bidding Form. “Notice to Bidders” the notice printed at the back or front of our implied term that none of the following will disturb the buyer’s quiet Telephone or elephone or MAX bid in GBP
T
(excluding premium
Covering bid
“Bidding Form” our Bidding Registration Form, our Absentee Bidding Catalogues. possession of the goods, namely: Lot no. Brief descriptionBrief description (excluding pr emium Covering bid * *
Lot no.
Form or our Telephone Bidding Form. “Purchase Price” the aggregate of the Hammer Price and VAT on the (a) the seller; Absentee (T / A)Absentee (T / A) & V A
& VAT)T)
“Bonhams” Bonhams 1793 Limited or its successors or assigns. Hammer Price (where applicable), the Buyer’s Premium and VAT on the (b) in a case where the parties to the contract intend
Bonhams is also referred to in the Buyer’s Agreement, the Conditions Buyer’s Premium and any Expenses. that the seller should transfer only such title as a third
of Business and the Notice to Bidders by the words “we”, “us” and “Reserve” the minimum price at which a Lot may be sold (whether at person may have, that person;
“our”. auction or by private treaty). (c) anyone claiming through or under the seller or that third
“Book” a printed Book offered for Sale at a specialist Book Sale. “Sale” the auction Sale at which a Lot is to be offered for Sale by person otherwise than under a charge or encumbrance
“Business” includes any trade, Business and profession. Bonhams. disclosed or known to the buyer before the contract is
“Buyer” the person to whom a Lot is knocked down by the “Sale Proceeds” the net amount due to the Seller from the Sale of a made.
Auctioneer. The Buyer is also referred to in the Contract for Sale and Lot, being the Hammer Price less the Commission, any VAT chargeable (5A) As regards England and Wales and Northern Ireland, the term
the Buyer’s Agreement by the words “you” and “your”. thereon, Expenses and any other amount due to us in whatever implied by subsection (1) above is a condition and the terms
“Buyer’s Agreement” the contract entered into by Bonhams with the capacity and howsoever arising. implied by subsections (2), (4) and (5) above are warranties.”
Buyer (see Appendix 2 in the Catalogue). “Seller” the person who offers the Lot for Sale named on the Contract
“Buyer’s Premium” the sum calculated on the Hammer Price at the Form. Where the person so named identifies on the form another
rates stated in the Notice to Bidders. person as acting as his agent, or where the person named on the
“Catalogue” the Catalogue relating to the relevant Sale, including any Contract Form acts as an agent for a principal (whether such agency is
representation of the Catalogue published on our Website. disclosed to Bonhams or not), “Seller” includes both the agent and the
“Commission” the Commission payable by the Seller to Bonhams principal who shall be jointly and severally liable as such. The Seller FOR WINE SALES ONL Y
FOR WINE SALES ONLY
calculated at the rates stated in the Contract Form. is also referred to in the Conditions of Business by the words “you”
“Condition Report” a report on the physical condition of a Lot provided and “your”. Please leave lots “available under bond” in bond Please include delivery charges (minimum charge of £20 + V A
Please include delivery charges (minimum charge of £20 + VAT)T)
Please leave lots “available under bond” in bond
to a Bidder or potential Bidder by Bonhams on behalf of the Seller. “Specialist Examination” a visual examination of a Lot by a specialist
“Conditions of Sale” the Notice to Bidders, Contract for Sale, Buyer’s on the Lot.
Agreement and Definitions and Glossary. “Stamp” means a postage Stamp offered for Sale at a Specialist BY SIGNING THIS FORM, YOU CONFIRM THAT YOU HAVE REVIEWED THE CATALOGUING FOR THE ABOVE LOTS, YOU AGREE TO THE CONDITIONS OF SALE INCLUDING THE WARRANTIES
ARRANTIES
T
ALOGUING FOR THE ABOVE LOTS, YOU AGREE TO THE CONDITIONS OF SALE INCLUDING THE W
VE REVIEWED THE CA
T YOU HA
BY SIGNING THIS FORM, YOU CONFIRM THA
“Consignment Fee” a fee payable to Bonhams by the Seller Stamp Sale.
A
LISTED THEREIN, AND AGREE TO P
Y THE APPLICABLE BUYER’S PREMIUM, V
T AND ANY OTHER CHARGES DUE. THIS AFFECTS YOUR LEGAL RIGHTS.
A
calculated at rates set out in the Conditions of Business. “Standard Examination” a visual examination of a Lot by a non- LISTED THEREIN, AND AGREE TO PAY THE APPLICABLE BUYER’S PREMIUM, VAT AND ANY OTHER CHARGES DUE. THIS AFFECTS YOUR LEGAL RIGHTS.
“Consumer” a natural person who is acting for the relevant purpose specialist member of Bonhams’ staff.
Bidder/Agent’
s
signatur
Date:
(please delete one)
outside his trade, Business or profession. “Storage Contract” means the contract described in paragraph Bidder/Agent’s (please delete one) signature:e: Date:
8.3.3 of the Conditions of Business or paragraph 4.4 of the Buyer’s
Agreement (as appropriate). * * Covering Bid: A maximum bid (exclusive of Buyers Premium and VAT) to be executed by Bonhams only if we are unable to contact you by telephone, or should the connection be lost during bidding.
ou by telephone, or should the connection be lost during bidding.
Covering Bid: A maximum bid (exclusive of Buyers Premium and VAT) to be executed by Bonhams only if we are unable to contact y
Please email or post the completed Auction Registration form and r
Please email or post the completed Auction Registration form and requested information to:
equested information to:
Bonhams, Customer Services, 101 New Bond Street, London, W1S 1SR. Tel: +44 (0) 20 7447 7447, bids@bonhams.com
NTB/MAIN/V1/6.2024 Bonhams, Customer Services, 101 New Bond Str eet, London, W1S 1SR. T el: +44 (0) 20 7447 7447, bids@bonhams.com
UK/01/23
Bonhams 1793 Limited. Montpelier Str eet, London SW7 1HH. Incorporated in England. Company Number 4326560. UK/01/23
Bonhams 1793 Limited. Montpelier Street, London SW7 1HH. Incorporated in England. Company Number 4326560.