For information and estimates on domestic and international shipping as well as export licences please contact Bonhams Shipping Department.
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.
