Two Kuba cloths, early 20th century, with brown geometric designs, 58 x 53cm and 56 x 59cm, including a booklet entitled 'Bakuba' with attached gallery label. (3)
From a Penzance private collection.
Provenance: bought in the late 1990s at The Hali Fair in London from exhibitor 'Galleria Boralevi, Firenze, Via Maggio'.
---以下为第三方软件翻译，仅供参考---
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5.RISK AND TITLE
5.1 Risk in the Lot shall pass to the Buyer:
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(b) inthecaseofOnlineAuctions,whentheBuyercollectstheLotor10daysaftertheAuction Date, whichever is earlier.
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(b) if the Auction is a Timed Online Auction (External) or a Live Auction and the bid is placed through the Auctioneer’s Website, the Website Surcharge on the Auction Date;
(c) if the Auction is a Timed Online Auction (External) or a Live Auction and the bid is placed through the Third Party Platform, the Platform Surcharge on the Auction Date;
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(e) any additional amounts due in accordance with clause 11.
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7. COLLECTION
7.1 Subject to clause 5.3 and 6.4, the Buyer agrees to collect the Lot from the Auctioneer in accordance with the terms set out in the relevant Conditions of Sale. The Buyer acknowledges and agrees that the Auctioneer may refuse to release the Lot to the Buyer in the event that the Auctioneer has not received payment in full for the Lot and all other sums which are due from the Buyer.
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8. FORGERIES AND INFRINGEMENTS
8.1 If the Buyer (acting in good faith) considers the Lots to be forgeries or an infringement of the third party Intellectual Property Rights and within 14 days after the date the Contract is formed serves a notice in writing on the Auctioneer stating that the Lot is forgery or infringes third party Intellectual Property Rights and within 21 days after serving such notice: (a) returnstheLottotheAuctioneerinthesameconditionasatthedatetheContractisformed;
(b) produces evidence (the burden of proof to be upon the Buyer) that, in light of the entry in the catalogue, the Lot is a forgery or infringes third party Intellectual Property Rights; and
(c) is able to transfer the title the Buyer received in respect of the Lot, then, if (in the Auctioneer’s sole opinion) the Auctioneer considers the Lot to be a forgery or an infringement of third party Intellectual Property Right, the Contract will be terminated and all sums payable by the Buyer will be refunded to the Buyer within a reasonable time
8.2 The Buyer agrees to be bound by the Auctioneers’ decision and when deciding whether or not the Lot is forgery, the Auctioneer shall be entitled to seek the views of an expert.
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The Auctioneer will collect and process information relating to Bidders and Buyers in accordance with the privacy policy which is displayed on the Auctioneer’s Website.
10. LIMITATION OF LIABILITY
10.1 Subject to clause 4, the following provisions set out the Auctioneer’s entire liability (including any liability for the acts or omissions of its employees) to the Buyer in respect of any breach of the Contract and any representation, statement or tortious act or omission (including negligence) arising out of or in connection with the Contract.
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10.3 Subject to clause 10.2:
(a) the Auctioneer shall under no circumstances whatever be liable to the Buyer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the Contract; and
(b) unlessyouareaconsumer,theAuctioneer’stotalliabilitytotheBuyerinrespectofallother losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the Buyer’s Premium
10.4 The Auctioneers accept no responsibility in connection with the commissioning of its staff to bid, on behalf of Bidders, for any Lots. Bids given by telephone are accepted at Bidder’s risk.
10.5 Every person attending the Auction at the Auctioneers’ premises before, during or after the sale shall be deemed to be there at their own risk.
10.6 If the Auction is a Live Auctions, the Buyer agrees that they have:
(b) purchased the Lot solely as a result of its own inspection and on the basis of these terms and not in reliance upon any advertisement, statement, representation or warranty (either written or oral or implied) made by or on behalf of the Seller or by or on behalf of the Auctioneer.
11. ARTISTS RESALE RIGHTS
11.1 If the Artist’s Resale Right Regulations 2006 apply to the Lot, the Buyer also agrees to pay to the Auctioneer an amount equal to the resale royalty provided for in those Regulations (“ARR Amount”) and the Auctioneer undertakes to the Buyer to pay such amount to the artist’s collection agent.
11.2 The ARR Amount shall be a percentage of the Hammer Price calculated as follows, provided that the Hammer Price is €1,000 or greater:
Hammer Price
Percentage Amount
0 to €50,000 4% €50,000.01 to €200,000 3%
€200,000.01 to €350,000 1%
€350,000.01 to €500,000 0.5%
excess of €500,000 0.25%
MISCELLANEOUS PROVISIONS Clauses 5, 6, 7, 13 and 14 of the Conditions of Sale shall apply to this Contract.
ENTIRE AGREEMENT
13.1 The Contract constitutes the whole agreement between the Auctioneer and Buyer and supersedes
all previous agreements between the Auctioneer and Buyer relating to its subject matter.
13.2 The Auctioneer and Buyer acknowledges that, in entering into the Contract, they have not relied on, and shall have no right or remedy (other than for breach of contract) in respect of, any statement, representation, assurance or warranty (whether made negligently or innocently) other than as expressly set out in these terms.
Last updated: September 2021
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