NOTICE TO BIDDERS
This Notice is for all persons participating in a
Bonhams Online auction including Bidders, potential
Bidders and eventual Buyers of Lots in this Sale.
For ease of reference we refer to such persons as
“Bidders” or “you”.
Our List of Definitions and Glossary is set out at
the end of this Notice. Words and phrases printed
in italics in this Notice are explained in the List of
Definitions. The Glossary explains certain general legal
terms with which you might not be familiar.
IMPORTANT:
The terms and conditions applicable to the Sale and
related information are contained in the following
documents, available on the Bonhams Website under
“Legals”:
• This Notice to Online Bidders;
• The Online Bidding Terms and Conditions
for the Sale; [Link T&Cs]
• The Buyer’s Contract for Sale with the Seller,
at Appendix 1; [App 1]
• The Buyer’s Agreement with Bonhams,
at Appendix 2. [App 2]
Additional information applicable to the Sale may
also be set out with each Lot, elsewhere in the
Online Sales Catalogue and/or a notice displayed on
the Website. It is your responsibility to ensure that
you have read all relevant terms and notices before
bidding in the Sale.
1. OUR ROLE
In its role as Auctioneer of Lots, Bonhams is
authorised by the Seller to act solely for and in the
interests of the Seller and Bonhams’ role is to sell the
Lot at the highest price obtainable at the Sale to a
Bidder. Bonhams does not act for Buyers or Bidders
in this role and does not give advice to Buyers or
Bidders. Please refer to Section A of the Online
Bidding Terms and Conditions. [Link to T&Cs]
2. LOTS FOR SALE
Given the age of many Lots, they may have been
damaged and/or repaired and you should not make
any assumptions about the condition or any other
aspect of a Lot. If you yourself do not have expertise
regarding a Lot, you should consult someone who
does to advise you. It is your responsibility to take
appropriate advice on and satisfy yourself as to the
attributes of any Lot in which you are interested.
3. DESCRIPTIONS OF LOTS AND ESTIMATES
Contractual Description of a Lot
Each Lot is sold by the respective Seller to the
Buyer of the Lot as corresponding only with: (i) the
Contractual Description, being that part of the Entry
which is printed in bold or upper case letters, and
(ii) (except for the colour, which may be inaccurately
reproduced) with any photograph of the Lot in the
Online Sales Catalogue. The remainder of the Entry,
which is not printed in bold or upper case letters,
represents Bonhams’ opinion (given on behalf of
the Seller) about the Lot only and is not part of the
Contractual Description in accordance with which the
Lot is sold by the Seller.
Paragraphs 15-25 below set out important
information about the following categories of Lot:
Books, Clocks and Watches, Firearms, Taxidermy
and Related Items, Furniture, Jewellery, Photographs,
Pictures, Porcelain and Glass, Vehicles and Wine.
Please refer to Section B of the Online Bidding
Terms and Conditions for important legal provisions
underpinning Lot descriptions, cataloguing practices
and issues such as condition of old, used, repaired
and restored items, and for Bonhams’ obligations and
limitations of liability in respect of lot descriptions and
cataloguing practice [Link to T&Cs].
Forgeries Guarantee
Bonhams offers a guarantee to cover Forgeries on the
terms set out in Section E of the Online Bidding terms
and Conditions. [Link to T&Cs]. Otherwise, Lots are
sold to the Buyer on an “as is” basis, with all faults
and imperfections.
Estimates
Where Estimates are provided, they are only an
expression of Bonhams’ opinion made on behalf
of the Seller of the range where Bonhams thinks
the Hammer Price for the Lot is likely to fall; they
are not an estimate of value. Estimates do not take
into account any VAT or Buyer’s Premium or any
other fees payable by the Buyer, which are detailed
in paragraph 7 of this Notice. Prices depend upon
bidding and lots can sell for Hammer Prices below
and above the Estimates, so Estimates should not be
relied on as an indication of the actual selling price
or value of a Lot. Estimates are in the currency of the
Sale.
Condition Reports
In respect of most Lots, you may request a Condition
Report representing Bonhams’ reasonable opinion as
to the Lot’s general condition (without disassembly
or any form of testing) in the terms stated in the
particular report. This is offered on behalf of the Seller
to you additionally without charge and Bonhams is
not entering into a contract with you in respect of the
Condition Report; Bonhams accepts no responsibility
to you for it and does not represent or guarantee that
a Condition Report includes all aspects of the internal
or external condition of the Lot. Neither does the
Seller owe or agree to owe you as a Bidder or Buyer
any obligation or duty in respect of this free report.
Alterations
Descriptions and Estimates may be amended at
Bonhams’ discretion from time to time by notice
amending the Online Sales Catalogue or on the
Website before or during a Sale, up until Lot Closing
for the relevant Lot. You are advised to monitor Lots
in which you are interested throughout the Sale.
4. BIDDER REGISTRATION
If you are a new client at Bonhams or have not
recently updated your registration details with us,
you must pre-register to bid at least one working day
before the Sale at which you wish to bid. Registration
is available at MyBonhams [Link].
You will be required to provide government-issued
proof of identity and residence, and if you are
a company, your certificate of incorporation or
equivalent documentation with your name and
registered address, government issued proof of your
current address, documentary proof of your beneficial
owners and directors, and proof of authority to
transact. We may also request a financial reference
and/or deposit from you before allowing you to bid.
Please refer to Section D of the Online Bidding Terms
and Conditions [Link to T&Cs] for further information
concerning registration. We reserve the rights at our
discretion to request further information in order to
complete our client identification and to decline to
register any person as a Bidder, and to decline to
accept their bids if they have been so registered.
Unless otherwise specified in the Online Sales
Catalogue, you must be over the age of 18 to bid in
this Sale. In no circumstances may you, or any other
person on your behalf, bid on items which have been
consigned by you for sale.
You must keep your account details including your
unique customer number strictly confidential and
must not permit any third party to use or access your
account.
You will be informed by email if any limits apply to the
amounts you may bid in the Online Sale.
5. BIDDING
So long as you have pre-registered to bid and your
account is in order, you will be able to place bids on
Lots during the bidding period indicated for each Lot,
either by placing your next bid using the increments
indicated or by placing a maximum bid to indicate
the most you would be prepared to bid (excluding
Buyer’s Premium and applicable taxes which would
be in addition to your bid). If you leave a maximum
bid, the system will automatically place incremental
bids on your behalf in response to other bids, until
either there are no other bids or your maximum bid
has been reached.
If you attempt to place a bid which is lower than
another bid already placed for that Lot, then your bid
will be rejected and you will be offered the opportunity
to place a higher bid.
We will endeavour to email you in the event you are
outbid, but you are advised to monitor your bids
throughout the Sale.
The time at which bidding shall close for each Lot
(the Lot Closing) will be indicated by each Lot. We
will endeavour to email you warning that Lot Closing
is due on a Lot on which you have been outbid but
you are advised to monitor Lots in which you are
interested throughout the Sale.
No bids will be accepted after Lot Closing for the
Lot concerned; however, in the event a bid has
been placed within 5 minutes of the predicted Lot
Closing, then the period for bidding on that Lot will be
extended by five minutes.
Section F of the Online Bidding Terms and Conditions
[Link to T&Cs] contains information, procedures, rules
and obligations connected with placing online bids in
the Sale.
You should also refer to Section G of the Online
Bidding Terms and Conditions [Link to T&Cs] for
the warranties you give as a Bidder and Buyer. We
reserve the rights to postpone completion of the
Sale of any Lot at our discretion while we complete
our registration and identification enquiries, and to
cancel the Sale of any Lot if you are in breach of your
warranties as Buyer, or if we consider that such Sale
would be unlawful or otherwise cause liabilities for
the Seller or Bonhams or be detrimental to Bonhams’
reputation.
In the event you are the successful bidder on a Lot
or Lots, we will send you an invoice confirming your
purchase and providing you with instructions as to
payment.
Bidding through an agent
Bids will be treated as placed exclusively by and
on behalf of the person registered to bid unless
otherwise agreed by us in writing in advance of the
Sale.
NOTICE TO ONLINE BIDDERS - HONG KONG
HONGKONG/ONLINE/V1/3.2022
If you wish to bid on behalf of another person (your
principal) you must complete the pre-registration
requirements set out above both on your own
behalf and with full details of your principal, and we
will require written confirmation from the principal
confirming your authority to bid. Please refer to the
Online Bidding Terms and Conditions and contact our
Customer Services Department for further details.
You are specifically referred to your due diligence
requirements concerning your principal and their
source of funds, and the warranties you give in the
event you are the Buyer, which are contained in
paragraph 3 of the Buyer’s Agreement, set out at
Appendix 2 below [Link].
In the event a person places a bid as agent on behalf
of another (their principal), they will be jointly and
severally liable with their principal to the Seller and
to Bonhams under any contract resulting from a
successful bid.
Online Bids
Bonhams will not be liable for service delays,
interruptions or other failures to make a bid
caused by losses of internet connection, fault
or failure with the website or bidding process,
or malfunction of any software or system,
computer or mobile device.
6. CONTRACTS BETWEEN THE BUYER AND
SELLER AND THE BUYER AND BONHAMS
Following Lot Closing where a successful bid has
been submitted, a Contract for Sale of the Lot will be
entered into between the Seller and the Buyer on the
terms of the Contract for Sale set out in Appendix 1
below. [App 1] You will be liable to pay the Purchase
Price, which is the Hammer Price, Buyer’s Premium
plus any applicable VAT, as well as any applicable
Expenses.
At the same time, a separate contract is also entered
into between us as Auctioneers and the Buyer. This is
our Buyer’s Agreement, the terms of which are set out
in Appendix 2 below [App 2].
7. BUYER’S PREMIUM AND OTHER CHARGES
PAYABLE BY THE BUYER
Under the Buyer’s Agreement, a premium (the Buyer’s
Premium) is payable to us by the Buyer in accordance
with the terms of the Buyer’s Agreement and at rates
set out below, calculated by reference to the Hammer
Price and payable in addition to it.
For this Sale the following rates of Buyer’s Premium
will be payable by Buyers on each Lot purchased:
27.5% of the Hammer Price on the first HK$200,000;
plus
26% of the Hammer Price from HK$200,001
and up to HK$7,500,000; plus
20% of the Hammer Price from HK$7,500,001
and up to HK$50,000,000; plus
14.5% of the Hammer Price above HK$50,000,000
Storage and handling charges may also be payable by
the Buyer as detailed on the specific Sale Information
page at the front of the Online Sales Catalogue.
Artists Resale Right
On certain Lots, which will be marked “AR” in the
Online Sales Catalogue and which are sold for a
Hammer Price of €1,000 or greater (converted into
the currency of the Sale using the European Central
Bank Reference rate prevailing on the date of the Sale),
the Additional Premium will be payable to us by the
Buyer to cover our Expenses relating to the payment
of royalties under the Artists Resale Right Regulations
2006.
The Additional Premium will be a percentage of the
amount of the Hammer Price calculated in accordance
with the table below, and shall not exceed €12,500
(converted into the currency of the Sale using the
European Central Bank Reference rate prevailing on
the date of the Sale).
Hammer Price Percentage amount
From €0 to €50,000 4%
From €50,000.01 to €200,000 3%
From €200,000.01 to €350,000 1%
From €350,000.01 to €500,000 0.5%
Exceeding €500,000 0.25%
8. TAX
The Hammer Price and the Buyers’s Premium payable
by the Buyer is exclusive of any goods or service
tax or other Tax (whether imposed by Hong Kong or
otherwise). If any such Tax was to be paid under Kong
Kong laws or any other laws, the Buyer shall be solely
responsible to pay such Tax and at the rate and time
as required by the relevant law or if such Tax is to be
paid by us, we may add such Tax to the Purchase
Price
It is your responsibility to pay any other sales or use
Taxes and customs duties due on the purchase,
export or import of the property following purchase.
9. PAYMENT
It is of critical importance that you ensure that you
have readily available funds to pay the Purchase Price
and the Buyer’s Premium (plus Tax and any other
charges and Expenses to us) in full before making
a bid for the Lot. If you are a successful Bidder,
payment will be due to be made to us by 4.30 pm on
the second working day after the Sale so that all sums
are cleared by the seventh working day after the Sale.
Payment will have to be by one of the following
methods (all cheques should be made payable to
Bonhams (Hong Kong) Limited). Bonhams reserves
the right to vary the terms of payment at any time.
Unless agreed by us advance payments made by
anyone other than the registered buyer will not be
accepted.
Bonhams’ preferred payment method is by
bank transfer
Bank transfer: you may electronically transfer funds
to our Client Account. If you do so, please quote your
paddle number and invoice number as the reference.
Our Client Account details are as follows:
Bank : HSBC
Address : Head Office
1 Queen’s Road Central,
Hong Kong
Account Name: Bonhams (Hong Kong) Limited. -
Client A/C
Account Number: 808 870 174001
SWIFT Code: HSBCHKHHHKH
If paying by bank transfer, the amount received after
the deduction of any bank fees and/or conversion
of the currency of payment to Hong Kong dollars
must not be less than the Hong Kong dollars amount
payable, as set out on the invoice.
Hong Kong dollar personal cheque drawn on a
Hong Kong branch of a bank : all cheques must be
cleared before you can collect your purchases;
Bankers draft cheque: if you can provide suitable
proof of identity and we are satisfied as to the
genuineness of the draft or cheque, and that the
funds have originated from your own account, we will
allow you to collect your purchases immediately;
Cash: you may pay for Lots purchased by you at
this Sale with notes or coins in the currency in which
the Sale is conducted (but not any other currency)
provided that the total amount payable by you in
respect of all Lots purchased by you at the Sale does
not exceed HK$80,000. If the amount payable by you
for Lots exceeds that sum, the balance must be paid
otherwise than in coins or notes;
Debit cards issued by a Hong Kong bank (EPS):
there is no additional charge for purchases made with
these cards in person;
Credit cards: American Express, Visa and
Mastercard only. There is a HK$200,000 limit on
payment value if payment is made in person.
Payment by telephone may also be accepted up
to HK$50,000, subject to appropriate verification
procedures, although this facility is not available for
first time buyers. If the amount payable by you for
Lots exceeds that sum, the balance must be paid by
other means.
China UnionPay (CUP) debit cards: There is no
limit on payment value if payment is made in person.
It maybe advisable to notify your card provider of
your intended purchase in advance to reduce delays
caused by us having to seek authority when you
come to pay. If you have any questions with regard
to payment, please contact our Customer Services
Department.
We reserve the rights to investigate and
identify the source of any funds received by
us, to postpone completion of the sale of any
Lot at our discretion while we complete our
investigations, and to cancel the Sale of any Lot
if you are in breach of your warranties as Buyer,
if we consider that such Sale would be unlawful
or otherwise cause liabilities for the Seller or
Bonhams, or would be detrimental to Bonhams’
reputation.
10. COLLECTION, STORAGE AND EU
CONSUMER CANCELATION RIGHTS
The Buyer of a Lot will not be allowed to collect it until
(i) payment in full and in cleared funds has been made
(unless we have made a special arrangement with the
Buyer) and (ii) Bonhams has completed its enquiries
pursuant to Clause 3.11 of the Buyer’s Agreement
in Appendix 2 of the Online Bidding Terms and
Conditions. [App 2]
For collection and removal of purchased Lots, please
refer to the Online Sales Catalogue for this Sale and to
Clause 4 of the Buyer’s Agreement at Appendix 2 of
the Online Bidding Terms and Conditions. [App 2] for
applicable legal conditions.
If the Lot is not identified as sold by a Consumer, then
Buyers who are Consumers in the EU will have certain
cancellation rights, as set out at Section P of the
Online Bidding Terms and Conditions. [Link to T&Cs]
HONGKONG/ONLINE/V1/3.2022
11. SHIPPING
Please refer enquiries on this to our Customer
Services department dealing with the Sale.
12. EXPORT/TRADE RESTRICTIONS
It is your sole responsibility to comply with all Hong
Kong export and oversears mport regulations relating
to your purchases and also to obtain any relevant
export and/or import licence(s).
The need for export and import licences varies from
country to country and you should acquaint yourself
with all relevant local requirements and provisions.
The refusal of any import or export licence(s) or any
delay in obtaining such licence(s) shall not permit the
rescission of any Sale nor allow any delay in making
full payment for the Lot.
13. CITES REGULATIONS
Buyers are advised to check the regulations applicable
to Hong Kong exportation and overseas importation
when exporting any goods from Hong Kong to the
place of importation. Buyers should also be aware
that the export from Hong Kong of any items made
of or incorporating ivory, whalebone, tortoiseshell,
rhinoceros horn, coral and other restricted materials is
prohibited unless a CITES export licence is obtained
from the Agriculture, Fisheries and Conservation
Department for Hong Kong, A period of 8 weeks may
be required for the purposes of obtaining such export
licence.
Please be aware that all Lots marked with the symbol
Y contain one or more of the aforesaid restricted
materials. However, the omission of such letter Y does
not automatically mean that the Lot is not subject
to CITES regulations. Buyers are advised to obtain
information from the relevant regulatory authorities
regarding export and import restrictions, requirements
and costs prior to bidding.
The refusal of any CITES licence or permit and any
delay in obtaining such licences or permits shall not
give rise to the rescission or cancellation of any Sale,
nor allow any delay in making full payment for the Lot.
14. THE SELLERS AND/OR BONHAMS’
LIABILITY
Exclusions and limitations of the Seller’s and
Bonhams’ liability are set out in Section L of the
Online Bidding Terms and Conditions. [Link to T&Cs]
Additionally, exclusions and limitations of the Seller’s
liability are set out at Clause 9 of the Contract of Sale
[App 1] and of Bonhams’ Liability at Clause 10 of the
Buyer’s Contract. [App 2]
15. BOOKS
As stated above, all Lots are sold on an “as is”
basis, subject to all faults, imperfections and errors
of Description save as set out below. However, you
will be entitled to reject a Book in the circumstances
concerning “non-conforming Lots” set out in
paragraph 11 of the Buyers Agreement. [App 1]
16. CLOCKS AND WATCHES
All Lots are sold “as is”, and the absence of any
reference to the condition of a clock or watch does
not imply that the Lot is in good condition and without
defects, repairs or restorations. Most clocks and
watches have been repaired in the course of their
normal lifetime and may now incorporate parts not
original to them. Furthermore, Bonhams makes no
representation or warranty that any clock or watch is
in working order. As clocks and watches often contain
fine and complex mechanisms, Bidders should be
aware that a general service, change of battery or
further repair work, for which the Buyer is solely
responsible, may be necessary.
17. FURNITURE
Upholstered Furniture
Whilst we take every care in cataloguing furniture
which has been upholstered, we offer no Guarantee
as to the originality of the wood covered by fabric or
upholstery.
18. JEWELLERY
Gemstones
Historically many gemstones have been subjected
to a variety of treatments to enhance their
appearance. Sapphires and rubies are routinely
heat treated to improve their colour and clarity,
similarly emeralds are frequently treated with oils
or resin for the same purpose. Other treatments
such as staining, irradiation or coating may have
been used on other gemstones. These treatments
may be permanent, whilst others may need special
care or re-treatment over the years to retain their
appearance. Bidders should be aware that Estimates
assume that gemstones may have been subjected
to such treatments. A number of laboratories issue
certificates that give more detailed Descriptions of
gemstones. However, there may not be consensus
between different laboratories on the degrees, or
types of treatment for any particular gemstone. In the
event that Bonhams has been given or has obtained
certificates for any Lot in the Sale these certificates
will be disclosed in the Catalogue. Although, as a
matter of policy, Bonhams endeavours to provide
certificates from recognised laboratories for certain
gemstones, it is not feasible to obtain certificates for
each Lot. In the event that no certificate is published
in the Catalogue, Bidders should assume that the
gemstones may have been treated. Neither Bonhams
nor the Seller accepts any liability for contradictions or
differing certificates obtained by Buyers on any Lots
subsequent to the Sale.
Estimated Weights
If a stone(s) weight appears within the body of the
Description in capital letters, the stone(s) has been
unmounted and weighed by Bonhams. If the weight
of the stone(s) is stated to be approximate and does
not appear in capital letters, the stone(s) has been
assessed by us within its/their settings, and the
stated weight is a statement of our opinion only. This
information is given as a guide and Bidders should
satisfy themselves with regard to this information as to
its accuracy.
Signatures
• A diamond brooch, by Kutchinsky
When the maker’s name appears in the title,
in Bonhams’ opinion the piece is by that maker.
• A diamond brooch, signed Kutchinsky
Has a signature that, in Bonhams’ opinion, is
authentic but may contain gemstones that are
not original, or the piece may have been altered.
• A diamond brooch, mounted by Kutchinsky
Has been created by the jeweller, in Bonhams’
opinion, but using stones or designs supplied
by the client.
19. PHOTOGRAPHS
Explanation of Catalogue Terms
• “Bill Brandt”: in our opinion a work by the
artist.
• “Attributed to Bill Brandt”: in our opinion
probably a work by the artist, but less
certainty to authorship is expressed than in the
preceding category.
• “Signed and/or titled and/or dated and/or
inscribed”: in our opinion the signature and/
or title and/or date and/or inscription are in the
artist’s hand.
• “Signed and/or titled and/or dated and/or
inscribed in another hand”: in our opinion
the signature and/or title and/or date and/or
inscription have been added by another hand.
The date given is that of the image (negative).
Where no further date is given, this indicates that
the photographic print is vintage (the term “vintage”
may also be included in the Lot Description). A
vintage photograph is one which was made within
approximately 5-10 years of the negative. Where a
second, later date appears, this refers to the date of
printing. Where the exact printing date is not known,
but understood to be later, “printed later” will appear
in the Lot Description.
Unless otherwise specified, dimensions given are
those of the piece of paper on which the image is
printed, including any margins. Some photographs
may appear in the Catalogue without margins
illustrated.
All photographs are sold unframed unless stated in
the Lot Description.
20. PICTURES
Explanation of Catalogue Terms
The following terms used in the Catalogue have the
following meanings but are subject to the general
provisions relating to Descriptions contained in the
Contract for Sale:
• “Jacopo Bassano”: in our opinion a work by
the artist. When the artist’s forename(s) is not
known, a series of asterisks, followed by the
surname of the artist, whether preceded by an
initial or not, indicates that in our opinion the
work is by the artist named;
• “Attributed to Jacopo Bassano”: in our
opinion probably a work by the artist but less
certainty as to authorship is expressed than in
the preceding category;
• “Studio/Workshop of Jacopo Bassano”: in
our opinion a work by an unknown hand in a
studio of the artist which may or may not have
been executed under the artist’s direction;
• “Circle of Jacopo Bassano”: in our opinion
a work by a hand closely associated with a
named artist but not necessarily his pupil;
• “Follower of Jacopo Bassano”: in our
opinion a work by a painter working in
the artist’s style, contemporary or nearly
contemporary, but not necessarily his pupil;
• “Manner of Jacopo Bassano”: in our
opinion a work in the style of the artist and of a
later date;
• “After Jacopo Bassano”: in our opinion, a
copy of a known work of the artist;
• “Signed and/or dated and/or inscribed”: in
our opinion the signature and/or date and/or
inscription are from the hand of the artist;
• “Bears a signature and/or date and/or
inscription”: in our opinion the signature and/
or date and/or inscription have been added by
another hand.
21. PORCELAIN AND GLASS
Damage and Restoration
For your guidance, in our Online Sales Catalogues we
attempt to detail, as far as practicable, all significant
defects, cracks and restoration. Such practicable
Descriptions of damage cannot be definitive, and in
providing Condition Reports, we cannot guarantee
that there are no other defects present which
have not been mentioned. Bidders should satisfy
themselves by inspection, as to the condition of each
Lot. Please see the Contract for Sale. Because of
the difficulty in determining whether an item of glass
has been repolished, in our Online Sales Catalogues
reference is only made to visible chips and cracks. No
mention is made of repolishing, severe or otherwise.
22. WINE
Lots which are lying under Bond and those liable to
VAT may not be available for immediate collection.
Examining the wines
It is occasionally possible to provide a pre-sale tasting
for larger parcels (as defined below). This is generally
limited to more recent and everyday drinking wines.
Please contact the department for details.
It is not our policy to inspect every unopened case. In
the case of wines older than 20 years the boxes will
usually have been opened and levels and appearance
noted in the Online Sales Catalogue where necessary.
You should make proper allowance for variations in
ullage levels and conditions of corks, capsules and
labels.
Corks and Ullages
Ullage refers to the space between the base of the
cork and the wine. Ullage levels for Bordeaux shaped
bottles are only normally noted when below the neck
and for Burgundy, Alsace, German and Cognac
shaped bottles when greater than 4 centimetres (cm).
Acceptable ullage levels increase with age; generally
acceptable levels are as follows:
Under 15 years old – into neck or less than 4cm
15 to 30 years old – top shoulder (ts) or up to 5cm
Over 30 years old – high shoulder (hs) or up to 6cm
It should be noted that ullages may change between
publication of the Online Sales Catalogue and the
Sale and that corks may fail as a result of transporting
the wine. We will only accept responsibility for
Descriptions of condition at the time of publication
of the Online Sales Catalogue and cannot accept
responsibility for any loss resulting from failure of corks
either before or after this point.
Options to buy parcels
A parcel is a number of Lots of identical size of the
same wine, bottle size and Description. The Buyer of
any of these Lots has the option to accept some or all
of the remaining Lots in the parcel at the same price,
although such options will be at the Auctioneer’s sole
discretion. Absentee Bidders are, therefore, advised to
bid on the first Lot in a parcel.
Bottling Details and Case Terms
The following terms used in the Catalogue have the
following meanings:
CB – Château bottled
DB – Domaine bottled
EstB – Estate bottled
BB – Bordeaux bottled
BE – Belgian bottled
FB – French bottled
GB – German bottled
OB – Oporto bottled
UK – United Kingdom bottled
owc – original wooden case
iwc – individual wooden case
oc – original carton
23. DATA PROTECTION – USE OF YOUR
INFORMATION
Where we obtain any personal information about you,
we shall only use it in accordance with the terms of
our Privacy Policy (subject to any additional specific
consent(s) you may have given at the time your
information was disclosed). A copy of our Privacy
Policy can be found on our Website www.bonhams.
com or requested by post from Customer Services
Department, 101 New Bond Street, London, W1S
1SR or by email from info@bonhams.com
24. SYMBOLS
THE FOLLOWING SYMBOLS ARE USED TO
DENOTE:
Y Subject to CITES regulations when exporting
these items, see paragraph 13 above.
AR An Additional Premium will be payable to us
by the Buyer to cover our Expenses relating to
payment of royalties under the Artists Resale
Right Regulations 2006. See paragraph 7
above for details.
¡ The Seller has been guaranteed a minimum
price for the Lot, either by Bonhams or a third
party. This may take the form of an irrevocable
bid by a third party, who may make a financial
gain on a successful Sale or a financial loss if
unsuccessful.
Δ Bonhams owns the Lot either wholly or
partially or may otherwise have an economic
interest.
Ф These lots contain ivory and cannot be
imported into the USA or any country within
the EU.
The symbols used to indicate the VAT status of a Lot
are set out at paragraph 8 above.
25. LANGUAGE
The Notice to Bidders is published in both Chinese
and English. If there is any dispute in its interpretation,
the English version will prevail.
26. DEFINITIONS AND GLOSSARY
The following Definitions and Glossary are
incorporated in this Notice, the Online Bidding Terms
and Conditions, the Contract for Sale and the Buyer’s
Agreement with Bonhams. Accordingly, the following
words and phrases used in those documents have
(unless the context otherwise requires) the meanings
given to them below.
LIST OF DEFINITIONS
“Additional Premium”: a premium, calculated in
accordance with the Notice to Bidders, to cover
Bonhams’ Expenses relating to the payment of
royalties under the Artists Resale Right Regulations
2006 which is payable by the Buyer to Bonhams
on any Lot marked [AR] which sells for a Hammer
Price which together with the Buyer’s Premium (but
excluding any VAT) equals or exceeds 1000 euros
(converted into the currency of the Sale using the
European Central Bank Reference rate prevailing on
the date of the Sale).
“Bidder”: Any person considering, attempting or
making a Bid, including those who have completed a
Bidding Form or otherwise have registered to bid.
“Bonhams”: Bonhams (Hong Kong) Limited or its
successors or assigns. Bonhams is also referred to in
these Online Bidding Terms and Conditions (including
Appendices) and the Notice to Online Bidders by the
words “we”, “us” and “our”.
“Book”: a printed Book offered for Sale at a specialist
Book Sale.
“Business” includes any trade, Business and
profession.
“Buyer”: the Bidder who has placed the highest
bid at the closing of the Lot during the Online Sale
process. The Buyer is also referred to in the Contract
for Sale and the Buyer’s Agreement by the words
“you” and “your”.
“Buyer’s Agreement”: the contract entered into
by Bonhams with the Buyer, see Appendix 2 to the
Online Bidding Terms and Conditions [App 2].
“Buyer’s Premium”: the sum calculated on the
Hammer Price at the rates stated in the Notice to
Online Bidders.
“Condition Report”: a report on aspects of the
physical condition of a Lot provided to a Bidder or
potential Bidder by Bonhams on behalf of the Seller.
“Conditions of Sale”: the Notice to Online
Bidders, the Online Bidding Terms and Conditions,
the Contract for Sale in Appendix 1, the Buyer’s
Agreement in Appendix 2.
“Consumer”: a private individual who is acting for
the relevant purpose outside his trade, Business or
profession.
“Contract for Sale”: the Sale contract entered into
by the Seller with the Buyer set out in Appendix 1 to
the Online Bidding Terms and Conditions. [App 1]
“Contractual Description”: the only Description of
the Lot (being that part of the Entry about the Lot in
the Online Sales Catalogue which is in bold or upper
case letters and any photograph (except for the
colour) to which the Seller undertakes in the Contract
of Sale the Lot corresponds.
HONGKONG/ONLINE/V1/3.2022
“Description”: any statement or representation
in any way descriptive of the Lot, including any
statement or representation relating to its authorship,
attribution, condition, provenance, authenticity, style,
period, age, suitability, quality, origin, value, Estimated
selling price (including the Hammer Price).
“Entry”: a written statement in the Catalogue
identifying the Lot and its Lot number which may
contain a Description and illustration(s) relating to the
Lot.
“Estimate”: a statement of our opinion of the range
within which the hammer is likely to fall.
“Expenses”: charges and Expenses paid or payable
by Bonhams in respect of the Lot including legal
Expenses, banking charges and Expenses incurred
as a result of an electronic transfer of money, charges
and Expenses for loss and damage cover, insurance,
Catalogue and other reproductions and illustrations,
any customs duties, advertising, packing or shipping
costs, reproductions rights’ fees, taxes, levies, costs
of testing, searches or enquiries, preparation of the
Lot for Sale, storage charges, removal charges,
removal charges or costs of collection from the Seller
as the Seller’s agents or from a defaulting Buyer, plus
VAT if applicable.
“Forgery”: an imitation intended by the maker
or any other person to deceive as to authorship,
attribution, origin, authenticity, style, date, age,
period, provenance, culture, source or composition,
which at the date of the Sale had a value materially
less than it would have had if the Lot had not been
such an imitation, and which is not stated to be such
an imitation in any Description of the Lot. A Lot will
not be a Forgery by reason of any damage to, and/
or restoration and/ or modification work (including
repainting or over painting) having been carried
out on the Lot, where that damage, restoration or
modification work (as the case may be) does not
substantially affect the identity of the Lot as one
conforming to the Description of the Lot.
“Guarantee”: the obligation undertaken personally
by Bonhams to the Buyer in respect of any Forgery
and, in the case of specialist Stamp Sales and/or
specialist Book Sales, a Lot made up of a Stamp or
Stamps or a Book or Books as set out in the Buyer’s
Agreement.
“Hong Kong”: the Hong Kong Special Administrative
Region of the People’s Republic of China.
“Hammer Price”: the price in the currency in which
the Sale is conducted at which a Lot is knocked
down by the Online Sale to the successful Bidder.
“Lot”: any item consigned to Bonhams with a view
to its Sale by Online Sale (and reference to any Lot
will include, unless the context otherwise requires,
reference to individual items comprised in a group of
two or more items offered for Sale as one Lot).
“Lot Closing”: the point described in paragraph 5 of
the Notice to Online Bidders at which the period for
bidding on the Lot ends, creating the Sale contract
between the highest Bidder at that point and the
Seller.
“Notice to Online Bidders”: the notice with and
applying to our Online Sales Catalogues.
“Online Sales Catalogue”: the Online Sales
Catalogue on Bonhams’ website containing the Lot
for Sale.
“Online Sale”: an auction Sale arranged by
Bonhams at which all bids are submitted remotely by
electronic means.
“Purchase Price”: the aggregate of the Hammer
Price Price (and any Tax on the Hammer Price) and
the Buyer’s Premium (and any Tax on the Buyer’s
Premium) and any Expenses.
“Reserve”: the minimum price at which a Lot may
be sold.
“Sale”: the Online Sale at which a Lot is to be offered
for Sale by Bonhams.
“Seller”: the person who offers the Lot for Sale.
“Specialist Examination”: a visual examination of a
Lot by a specialist on the Lot.
“Stamp”: means a postage Stamp offered for Sale at
a Specialist Stamp Sale.
“Storage Contract”: means the contract described
in paragraph 4 of the Buyer’s Agreement.
“Storage Contractor”: means the company
identified as such in the Online Sales Catalogue.
“Tax”: means all taxes, charges, duties, imposts,
fees, levies or other assessments, and all estimated
payments thereof including without limitation income,
business profits, branch profits, excise, property,
sales, use, value added (VAT), environmental,
franchise, customs, import, payroll, transfer, gross
receipts, withholding, social security, unemployment
taxes, as well as stamp duties and other costs,
imposed by the Hong Kong government applicable
from time time and any interest and penalty relating
to such taxes, charges, fees, levies or other
assessments.
“Terrorism”: means any act or threatened act of
Terrorism, whether any person is acting alone or on
behalf of or in connection with any organisation(s)
and/or government(s), committed for political,
religious or ideological or similar purposes including,
but not limited to, the intention to influence any
government and/or put the public or any section of
the public into fear.
“VAT”: value added tax at the prevailing rate at the
date of the Sale in the United Kingdom.
“Website”: Bonhams Website
at www.bonhams.com
“Withdrawal Notice”: the Seller’s written notice to
Bonhams revoking Bonhams’ instructions to sell a
Lot.
“Without Reserve”: where there is no minimum
price at which a Lot may be sold. This will be
indicated by the Lot or elsewhere (if for several Lots)
in the Online Sales Catalogue.
GLOSSARY
The following expressions have specific legal
meanings with which you may not be familiar.
The following glossary is intended to give you an
understanding of those expressions but is not
intended to limit their legal meanings:
“Artist’s Resale Right”: the right of the creator of
a work of art to receive a payment on Sales of that
work subsequent to the original Sale of that work by
the creator of it as set out in the Artists Resale Right
Regulations 2006. “bailee”: a person to whom goods
are entrusted.
“indemnity”: an obligation to put the person who
has the benefit of the indemnity in the same position
in which he would have been, had the circumstances
giving rise to the indemnity not arisen and the
expression “indemnify” is construed accordingly.
“interpleader proceedings”: proceedings in the
Courts to determine ownership or rights over a Lot.
“lien”: a right for the person who has possession of
the Lot to retain possession of it.
“risk”: the possibility that a Lot may be lost,
damaged, destroyed, stolen, or deteriorate in
condition or value. “title”: the legal and equitable right
to the ownership of a Lot.
“tort”: a legal wrong done to someone to whom the
wrong doer has a duty of care.
“warranty”: a legal assurance or promise, upon
which the recipient is entitled to rely.
