Page 248 - Bonhams November 4 2021 Japanese art London

Registration and Bidding Form
Registration and Bidding Form
communication to ensure that it is received in a legible form “Conditions of Sale” the Notice to Bidders, Contract for Sale, Buyer’s “Specialist Examination” a visual examination of a Lot by a specialist
(Attendee / Absentee / Online / T
elephone Bidding)
within any applicable time period. Agreement and Definitions and Glossary. on the Lot. (Attendee / Absentee / Online / Telephone Bidding)
12.5 If any term or any part of any term of this agreement is held to “Consignment Fee” a fee payable to Bonhams by the Seller “Stamp” means a postage Stamp offered for Sale at a Specialist Paddle number (for of fice use only)
Paddle number (for office use only)
Please circle your bidding method above.
be unenforceable or invalid, such unenforceability or invalidity calculated at rates set out in the Conditions of Business. Stamp Sale. Please cir cle your bidding method above.
will not affect the enforceability and validity of the remaining “Consumer” a natural person who is acting for the relevant purpose “Standard Examination” a visual examination of a Lot by a non-
terms or the remainder of the relevant term. outside his trade, Business or profession. specialist member of Bonhams’ staff.
dance with
This sale will be conducted in accor
12.6 References in this agreement to Bonhams will, where “Contract Form” the Contract Form, or vehicle Entry form, as “Storage Contract” means the contract described in paragraph This sale will be conducted in accordance with Sale title:Sale title: Sale date:
Sale date:
Bonhams’ Conditions of Sale and bidding and buying
appropriate, include reference to Bonhams’ officers, employees applicable, signed by or on behalf of the Seller listing the Lots to be 8.3.3 of the Conditions of Business or paragraph 4.4 of the Buyer’s Bonhams’ Conditions of Sale and bidding and buying
and agents. offered for Sale by Bonhams. Agreement (as appropriate). at the Sale will be r egulated by these Conditions. Y ou
at the Sale will be regulated by these Conditions. You
12.7 The headings used in this agreement are for convenience only “Contract for Sale” the Sale contract entered into by the Seller with “Storage Contractor” means the company identified as such in the should read the Conditions in conjunction with the Sale no. Sale venue:
should r
ead the Conditions in conjunction with the
Sale no.
Sale venue:
and will not affect its interpretation. the Buyer (see Appendix 1 in the Catalogue). Catalogue. Sale Information relating to this Sale which sets out the
Sale Information r
elating to this Sale which sets out the
12.8 In this agreement “including” means “including, without “Contractual Description” the only Description of the Lot (being “Terrorism” means any act or threatened act of terrorism, whether char ges payable by you on the pur chases you make 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
ovide details of the Lots on which you wish to bid at least 24 hours
e not attending the sale in person, please pr
If you ar
charges payable by you on the purchases you make
limitation”. that part of the Entry about the Lot in the Catalogue which is in bold any person is acting alone or on behalf of or in connection with any and other terms r elating to bidding and buying at the
est incr
ounded down to the near
efer to the Notice to Bidders in the catalogue
prior to the sale. Bids will be r
ement. Please r
and other terms relating to bidding and buying at the
12.9 References to the singular will include reference to the plural letters, any photograph (except for the colour) and the contents of any organisation(s) and/or government(s), committed for political, religious Sale. You should ask any questions you have about the prior to the sale. Bids will be rounded down to the nearest increment. Please refer to the Notice to Bidders in the catalogue
Sale. Y
ou should ask any questions you have about the
elating to Bonhams executing telephone, online or absentee bids on your behalf. Bonhams will
for further information r
(and vice versa) and reference to any one gender will include Condition Report) to which the Seller undertakes in the Contract of or ideological or similar purposes including, but not limited to, the for further information relating to Bonhams executing telephone, online or absentee bids on your behalf. Bonhams will
endeavour to execute these bids on your behalf but will not be liable for any errors or failing to execute bids..
e signing this form. These Conditions
Conditions befor
reference to the other genders. Sale the Lot corresponds. intention to influence any government and/or put the public or any Conditions before signing this form. These Conditions endeavour to execute these bids on your behalf but will not be liable for any err ors or failing to execute b i d s
also contain certain undertakings by bidders and buyers
12.10 Reference to a numbered paragraph is to a paragraph of this “Description” any statement or representation in any way descriptive section of the public into fear. also contain certain undertakings by bidders and buyers General Bid Increments:
ements:
General Bid Incr
and limit Bonhams’ liability to bidders and buyers.
agreement. of the Lot, including any statement or representation relating to its “VAT” value added tax at the prevailing rate at the date of the Sale in and limit Bonhams’ liability to bidders and buyers.
£10,000 - 20,000
£10 - 200
.........by 1,000s
.....................by 10s
12.11 Save as expressly provided in paragraph 12.12 nothing in this authorship, attribution, condition, provenance, authenticity, style, the United Kingdom. £10 - 200 .....................by 10s £10,000 - 20,000 .........by 1,000s
...................by 20 / 50 / 80s
£200 - 500
£20,000 - 50,000 .........by 2,000 / 5,000 / 8,000s
agreement confers (or purports to confer) on any person who period, age, suitability, quality, origin, value, estimated selling price “Website” Bonhams Website at www.bonhams.com Data protection – use of your information £200 - 500 ...................by 20 / 50 / 80s £20,000 - 50,000 .........by 2,000 / 5,000 / 8,000s
Data pr
otection – use of your information
£50,000 - 100,000
£500 - 1,000
.......by 5,000s
................by 50s
e we obtain any personal information about you, we
Wher
is not a party to this agreement any benefit conferred by, or the (including the Hammer Price). “Withdrawal Notice” the Seller’s written notice to Bonhams revoking Where we obtain any personal information about you, we £500 - 1,000 ................by 50s £50,000 - 100,000 .......by 5,000s
dance with the terms of our Privacy
shall only use it in accor
right to enforce any term of, this agreement. “Entry” a written statement in the Catalogue identifying the Lot and its Bonhams’ instructions to sell a Lot. shall only use it in accordance with the terms of our Privacy £1,000 - 2,000 .............by 100s £100,000 - 200,000 .....by 10,000s
£100,000 - 200,000 .....by 10,000s
.............by 100s
£1,000 - 2,000
12.12 Where this agreement confers an immunity from, and/or an Lot number which may contain a Description and illustration(s) relating “Without Reserve” where there is no minimum price at which a Lot Policy (subject to any additional specific consent(s) you may £2,000 - 5,000 .............by 200 / 500 / 800s above £200,000 ...........at the auctioneer’ s discr etion
Policy (subject to any additional specific consent(s) you may
.............by 200 / 500 / 800s
above £200,000 ...........at the auctioneer’s discretion
£2,000 - 5,000
exclusion or restriction of, the responsibility and/or liability to the Lot. may be sold (whether at auction or by private treaty). have given at the time your information was disclosed). A
have given at the time your information was disclosed). A
£5,000 - 10,000
...........by 500s
of Bonhams, it will also operate in favour and for the benefit “Estimate” a statement of our opinion of the range within which the GLOSSARY copy of our Privacy Policy can be found on our website £5,000 - 10,000 ...........by 500s
copy of our Privacy Policy can be found on our website
of Bonhams’ holding company and the subsidiaries of such hammer is likely to fall. The following expressions have specific legal meanings with which you The auctioneer has discretion to split any bid at any time.
The auctioneer has discr
etion to split any bid at any time.
(www.bonhams.com) or requested by post from Customer
holding company and the successors and assigns of Bonhams “Expenses” charges and Expenses paid or payable by Bonhams may not be familiar. The following glossary is intended to give you an (www .bonhams.com) or r equested by post fr om Customer
Services Department, 101 New Bond Str
eet, London W1S
and of such companies and of any officer, employee and in respect of the Lot including legal Expenses, banking charges and understanding of those expressions but is not intended to limit their Services Department, 101 New Bond Street, London W1S Customer Number Title
T
itle
Customer Number
1SR United Kingdom or by e-mail from info@bonhams.com.
agent of Bonhams and such companies, each of whom will be Expenses incurred as a result of an electronic transfer of money, legal meanings: 1SR United Kingdom or by e-mail fr om info@bonhams.com.
We may disclose your personal information to any member of
entitled to rely on the relevant immunity and/or exclusion and/ charges and Expenses for loss and damage cover, insurance, “artist’s resale right”: the right of the creator of a work of art to receive W e may disclose your personal information to any member of
First Name
Last Name
our group which means our subsidiaries, our ultimate holding
or restriction within and for the purposes of Contracts (Rights of Catalogue and other reproductions and illustrations, any customs a payment on Sales of that work subsequent to the original Sale of our gr oup which means our subsidiaries, our ultimate holding First Name Last Name
Third Parties) Act 1999, which enables the benefit of a contract duties, advertising, packing or shipping costs, reproductions rights’ that work by the creator of it as set out in the Artists Resale Right company and its subsidiaries (whether registered in the UK or
egister
ed in the UK or
company and its subsidiaries (whether r
Company name (if applicable)
to be extended to a person who is not a party to the contract, fees, taxes, levies, costs of testing, searches or enquiries, preparation Regulations 2006. elsewher e). W e will not disclose your data to anyone outside Company name (if applicable)
elsewhere). We will not disclose your data to anyone outside
and generally at law. of the Lot for Sale, storage charges, removal charges, removal charges “bailee”: a person to whom goods are entrusted. our gr oup but we may fr om time to time pr ovide you with
our group but we may from time to time provide you with
Company Registration number
(if applicable)
13 GOVERNING LAW or costs of collection from the Seller as the Seller’s agents or from a “indemnity”: an obligation to put the person who has the benefit information about goods and services which we feel maybe of Company Registration number (if applicable)
information about goods and services which we feel maybe of
All transactions to which this agreement applies and all defaulting Buyer, plus VAT if applicable. of the indemnity in the same position in which he would have been,
interest to you including those provided by third parties.
connected matters will be governed by and construed in “Forgery” an imitation intended by the maker or any other person to had the circumstances giving rise to the indemnity not arisen and the inter est to you including those pr ovided by thir d parties. Addr ess
Address
accordance with the laws of that part of the United Kingdom deceive as to authorship, attribution, origin, authenticity, style, date, expression “indemnify” is construed accordingly. If you do not want to r eceive such information (except for
If you do not want to receive such information (except for
where the Sale takes (or is to take) place and we and you each age, period, provenance, culture, source or composition, which at the “interpleader proceedings”: proceedings in the Courts to determine information you specifically requested) please tick this box
information you specifically r
equested) please tick this box
City
submit to the exclusive jurisdiction of the courts of that part date of the Sale had a value materially less than it would have had if the ownership or rights over a Lot. Would you like to receive e-mailed information from us? if so City
ould you like to r
W
eceive e-mailed information fr
om us? if so
of the United Kingdom, save that we may bring proceedings Lot had not been such an imitation, and which is not stated to be such “knocked down”: when a Lot is sold to a Bidder, indicated by the fall please tick this box
please tick this box
County / State
Post / Zip code
against you in any other court of competent jurisdiction to an imitation in any description of the Lot. A Lot will not be a Forgery by of the hammer at the Sale. Post / Zip code County / State
the extent permitted by the laws of the relevant jurisdiction. reason of any damage to, and/or restoration and/ or modification work “lien”: a right for the person who has possession of the Lot to retain
Notice to Bidders.
Country
Telephone (mobile)
Bonhams has a complaints procedure in place. (including repainting or over painting) having been carried out on the possession of it. Notice to Bidders. Telephone (mobile) Country
At least 24 hours before the Sale, clients must provide
DATA PROTECTION – USE OF YOUR INFORMATION Lot, where that damage, “risk”: the possibility that a Lot may be lost, damaged, destroyed, At least 24 hours befor e the Sale, clients must p r o v i d e
gover
nment or state issued photographic pr
oof of ID and date
Where we obtain any personal information about you, we shall only restoration or modification work (as the case may be) does not stolen, or deteriorate in condition or value. government or state issued photographic proof of ID and date Telephone (landline)
Telephone (landline)
of birth e.g. - passport, driving licence - and if not included in
use it in accordance with the terms of our Privacy Policy (subject to substantially affect the identity of the Lot as one conforming to the “title”: the legal and equitable right to the ownership of a Lot. of birth e.g. - passport, driving licence - and if not included in
ess e.g - utility bill, bank or cr
edit
oof of addr
ID document, pr
any additional specific consent(s) you may have given at the time Description of the Lot. “tort”: a legal wrong done to someone to whom the wrong doer has ID document, proof of address e.g - utility bill, bank or credit E-mail
(in capitals)
d statement etc. Corporate clients should also pr
car
ovide a
your information was disclosed). A copy of our Privacy Policy can be “Guarantee” the obligation undertaken personally by Bonhams to the a duty of care. card statement etc. Corporate clients should also provide a E-mail (in capitals)
copy of their articles of association / company r
found on our Website www.bonhams.com or requested by post from Buyer in respect of any Forgery and, in the case of specialist Stamp “warranty”: a legal assurance or promise, upon which the person to copy of their articles of association / company registration
egistration
Please answer all questions below
Customer Services Department, 101 New Bond Street, London W1S Sales and/or specialist Book Sales, a Lot made up of a Stamp or whom the warranty was given has the right to rely. documents, and the entities name and registered address, Please answer all questions below
ess,
egister
ed addr
documents, and the entities name and r
ess) curr
nment issued ID and (if the ID does not confirm your addr
ent utility bill/ bank statement.
1SR, United Kingdom or by email from info@bonhams.com. Stamps or a Book or Books as set out in the Buyer’s Agreement. SALE OF GOODS ACT 1979 documentary pr oof of its beneficial owners and dir ectors, 1. ID supplied: Government issued ID and (if the ID does not confirm your address) current utility bill/ bank statement.
1. ID supplied: Gover
documentary proof of its beneficial owners and directors,
“Hammer Price” the price in the currency in which the Sale is The following is an extract from the Sale of Goods Act 1979: together with a letter authorising the individual to bid on the If a corporate entity, please provide the Certificate of Incorporation or Partnership Deed and a letter authorising you to act.
ovide the Certificate of Incorporation or Partnership Deed and a letter authorising you to act.
, please pr
together with a letter authorising the individual to bid on the
If a corporate entity
APPENDIX 3 conducted at which a Lot is knocked down by the Auctioneer. “Section 12 Implied terms about title, etc company’ s behalf. Failur e to pr ovide this may r esult in your
company’s behalf. Failure to provide this may result in your
“Loss and Damage Warranty” means the warranty described in (1) In a contract of sale, other than one to which subsection (3) below 2. Are you representing the Bidder? If yes, please complete question 3.
2. Are you representing the Bidder? If yes, please complete question 3.
bids not being processed or completed. For higher value lots
DEFINITIONS AND GLOSSARY paragraph 8.2 of the Conditions of Business. applies, there is an implied term on the part of the seller that in the bids not being pr ocessed or completed. For higher value lots
you may also be asked to provide a bank reference.
Where these Definitions and Glossary are incorporated, the following “Loss and Damage Warranty Fee” means the fee described in case of a sale he has a right to sell the goods, and in the case of you may also be asked to pr ovide a bank r efer ence. 3. Bidder's name, address and contact details (phone and email):ess and contact details (phone and email):
3. Bidder's name, addr
words and phrases used have (unless the context otherwise requires) paragraph 8.2.3 of the Conditions of Business. an agreement to sell he will have such a right at the time when the
nment issued ID and (if the ID does not confirm their addr
Bidder’
ess) curr
s ID: Gover
ent utility bill/bank statement
If successful
the meanings given to them below. The Glossary is to assist you to “Lot” any item consigned to Bonhams with a view to its Sale at auction property is to pass. If successful Bidder’s ID: Government issued ID and (if the ID does not confirm their address) current utility bill/bank statement
I will collect the purchases myself
understand words and phrases which have a specific legal meaning or by private treaty (and reference to any Lot will include, unless the (2) In a contract of sale, other than one to which subsection (3) below I will collect the pur chases myself
If registered for VAT in the EU please enter your registration here:
Ar
e you acting in a business capacity?
with which you may not be familiar. context otherwise requires, reference to individual items comprised in a applies, there is also an implied term that- Are you acting in a business capacity? If r egister ed for V A T in the EU please enter your r egistration her e:
Please arrange shippers to contact me with
/
es No
Y
LIST OF DEFINITIONS group of two or more items offered for Sale as one Lot). (a) the goods are free, and will remain free until the time Please arrange shippers to contact me with Yes No / - -- -
a quote and I agree that you may pass them
“Account” the bank account of Bonhams into which all sums received “Motoring Catalogue Fee” a fee payable by the Seller to Bonhams in when the property is to pass, from any charge or a quote and I agr ee that you may pass them
my contact details.
in respect of the Purchase Price of any Lot will be paid. consideration of the additional work undertaken by Bonhams in respect encumbrance not disclosed or known to the buyer my contact details. Please note that all telephone calls are recorded.
ded.
Please note that all telephone calls ar
ecor
e r
“Additional Premium” a premium, calculated in accordance with of the cataloguing of motor vehicles and in respect of the promotion of before the contract is made, and
the Notice to Bidders, to cover Bonhams’ Expenses relating to the Sales of motor vehicles. (b) the buyer will enjoy quiet possession of the goods MAX bid in GBP
MAX bid in GBP
T
payment of royalties under the Artists Resale Right Regulations 2006 “New Bond Street” means Bonhams’ saleroom at 101 New Bond except in so far as it may be disturbed by the owner or Telephone or elephone or Lot no. Brief descriptionBrief description (excluding premium Covering bid
(excluding pr
Covering bid
emium
which is payable by the Buyer to Bonhams on any Lot marked [AR] Street, London W1S 1SR. other person entitled to the benefit of any charge or Absentee (T / A)Absentee (T / A) Lot no. & V A * *
& VAT)T)
which sells for a Hammer Price which together with the Buyer’s “Notional Charges” the amount of Commission and VAT which would encumbrance so disclosed or known.
Premium (but excluding any VAT) equals or exceeds 1000 euros have been payable if the Lot had been sold at the Notional Price. (3) This subsection applies to a contract of sale in the case of which
(converted into the currency of the Sale using the European Central “Notional Fee” the sum on which the Consignment Fee payable to there appears from the contract or is to be inferred from its
Bank Reference rate prevailing on the date of the Sale). Bonhams by the Seller is based and which is calculated according to circumstances an intention that the seller should transfer only such
“Auctioneer” the representative of Bonhams conducting the formula set out in the Conditions of Business. title as he or a third person may have.
the Sale. “Notional Price” the latest in time of the average of the high and low
“Bidder” Any person considering, attempting or making a Bid, Estimates given by us to you or stated in the Catalogue or, if no such (4) In a contract to which subsection (3) above applies there is an
including those who have completed a Bidding Form. Estimates have been given or stated, the Reserve applicable to the Lot. implied term that all charges or encumbrances known to the seller
“Bidding Form” our Bidding Registration Form, our Absentee Bidding “Notice to Bidders” the notice printed at the back or front of our and not known to the buyer have been disclosed to the buyer
Form or our Telephone Bidding Form. Catalogues. before the contract is made.
“Bonhams” Bonhams 1793 Limited or its successors or assigns. “Purchase Price” the aggregate of the Hammer Price and VAT on the (5) In a contract to which subsection (3) above applies there is also an
Bonhams is also referred to in the Buyer’s Agreement, the Conditions Hammer Price (where applicable), the Buyer’s Premium and VAT on the implied term that none of the following will disturb the buyer’s quiet
of Business and the Notice to Bidders by the words “we”, “us” and Buyer’s Premium and any Expenses. possession of the goods, namely:
“our”. “Reserve” the minimum price at which a Lot may be sold (whether at (a) the seller;
“Book” a printed Book offered for Sale at a specialist Book Sale. auction or by private treaty). (b) in a case where the parties to the contract intend
“Business” includes any trade, Business and profession. “Sale” the auction Sale at which a Lot is to be offered for Sale by that the seller should transfer only such title as a third
“Buyer” the person to whom a Lot is knocked down by the Bonhams. person may have, that person;
FOR WINE SALES ONLY
Auctioneer. The Buyer is also referred to in the Contract for Sale and “Sale Proceeds” the net amount due to the Seller from the Sale of a (c) anyone claiming through or under the seller or that third FOR WINE SALES ONL Y
the Buyer’s Agreement by the words “you” and “your”. Lot, being the Hammer Price less the Commission, any VAT chargeable person otherwise than under a charge or encumbrance
A
Please include delivery charges (minimum charge of £20 + V
Please leave lots “available under bond” in bond
“Buyer’s Agreement” the contract entered into by Bonhams with the thereon, Expenses and any other amount due to us in whatever disclosed or known to the buyer before the contract is Please leave lots “available under bond” in bond Please include delivery charges (minimum charge of £20 + VAT)T)
Buyer (see Appendix 2 in the Catalogue). capacity and howsoever arising. made.
“Buyer’s Premium” the sum calculated on the Hammer Price at the “Seller” the person who offers the Lot for Sale named on the Contract (5A) As regards England and Wales and Northern Ireland, the term BY SIGNING THIS FORM YOU AGREE THAT YOU HAVE SEEN THE CATALOGUE AND HAVE READ AND UNDERSTOOD OUR CONDITIONS OF SALE INCLUDING BUYER’S WARRANTIES AND WISH
BY SIGNING THIS FORM YOU AGREE THA
VE SEEN THE CA
T YOU HA
ARRANTIES AND WISH
ALOGUE AND HA
VE READ AND UNDERSTOOD OUR CONDITIONS OF SALE INCLUDING BUYER’S W
T
rates stated in the Notice to Bidders. Form. Where the person so named identifies on the form another implied by subsection (1) above is a condition and the terms
TO BE BOUND BY THEM, AND AGREE TO PAY THE BUYER’S PREMIUM, VAT AND ANY OTHER CHARGES MENTIONED IN THE NOTICE TO BIDDERS. THIS AFFECTS YOUR LEGAL RIGHTS.T AND ANY OTHER CHARGES MENTIONED IN THE NOTICE TO BIDDERS. THIS AFFECTS YOUR LEGAL RIGHTS.
“Catalogue” the Catalogue relating to the relevant Sale, including any person as acting as his agent, or where the person named on the implied by subsections (2), (4) and (5) above are warranties.” TO BE BOUND BY THEM, AND AGREE TO P A Y THE BUYER’S PREMIUM, V A
representation of the Catalogue published on our Website. Contract Form acts as an agent for a principal (whether such agency is
Bidder/Agent’
s
Date:
signatur
(please delete one)
“Commission” the Commission payable by the Seller to Bonhams disclosed to Bonhams or not), “Seller” includes both the agent and the Bidder/Agent’s (please delete one) signature:e: Date:
calculated at the rates stated in the Contract Form. principal who shall be jointly and severally liable as such. The Seller
“Condition Report” a report on the physical condition of a Lot provided is also referred to in the Conditions of Business by the words “you” * * 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
om an account in the same name as shown on the invoice and Auction Registration form.
NB. Payment will only be accepted fr
to a Bidder or potential Bidder by Bonhams on behalf of the Seller. and “your”. NB. Payment will only be accepted from an account in the same name as shown on the invoice and Auction Registration form.
Please email or fax the completed Auction Registration form and r equested information to:
Please email or fax the completed Auction Registration form and requested information to:
Bonhams, Customer Services, 101 New Bond Street, London, W1S 1SR. Tel: +44 (0) 20 7447 7447 Fax: +44 (0) 20 7447 7401, bids@bonhams.com
NTB/MAIN/V1/9.2021 Bonhams, Customer Services, 101 New Bond Str eet, London, W1S 1SR. T el: +44 (0) 20 7447 7447 Fax: +44 (0) 20 7447 7401, bids@bonhams.com
UK/08/19
Bonhams 1793 Limited. Montpelier Street, London SW7 1HH. Incorporated in England. Company Number 4326560.
Bonhams 1793 Limited. Montpelier Str eet, London SW7 1HH. Incorporated in England. Company Number 4326560. UK/08/19