Hardy L'Eté In Lalique

NTB/ONLINE/TERMS&CONDITIONS/V1/6.2024
IMPORTANT
These terms and conditions apply to all online
bidding at online-only auction Sales conducted by
or in conjunction with Bonhams (“Online Sales” and
“Online Bidding”). Information applicable to the Sale
may also be set out in the Online Sales Catalogue
and/or in Special Notices on our website, and it is
your responsibility to review that information.
BY REGISTERING TO PARTICIPATE IN A BONHAMS
ONLINE SALE, AND/OR BY BIDDING IN SUCH
SALE, YOU EXPRESSLY AGREE TO:
• THESE TERMS AND CONDITIONS
INCLUDING THE LIMITATIONS OF OUR
AND THE SELLER’S LIABILITY CONTAINED
THEREIN;
• THE SELLER’S CONTRACT FOR SALE, SET
OUT AT APPENDIX 1 BELOW;
• THE BUYER’S AGREEMENT WITH BONHAMS
. SET OUT AT APPENDIX 2 BELOW;
• THE NOTICE TO ONLINE BIDDERS;
• SUCH INFORMATION AS IS MADE
AVAILABLE ON OUR WEBSITE FOR THE
ONLINE SALE; AND
• THE BONHAMS CONDITIONS OF WEBSITE
USE.
References in this document to “Bonhams”, “we”
or “us” mean Bonhams 1793 Limited, Bonhams
& Butterfields Auctioneers Corporation, or (if
different) the other Bonhams Group company that
is conducting the relevant Sale and any successors
and assigns thereto. References herein to “you” and
“your” mean the person or entity registering to bid,
bidding or buying in an Online Sale. Where words and
phrases are used which are in the List of Definitions
at the end of these Terms and Conditions, they are
printed in italics.
A. OUR ROLE
A1. In its role as Auctioneer of Lots, Bonhams
acts solely for and in the interests of the Seller.
Bonhams’ role is to sell the Lot at the highest
price obtainable at the Sale to a Bidder.
Bonhams does not act for or give advice to
Buyers or Bidders in this role. The Contract
for Sale for a Lot is with the Seller and not
with Bonhams; Bonhams acts as the Seller’s
agent only (unless Bonhams sells the Lot as
principal). Bonhams undertakes no obligation
to Bidders or the Buyer to examine, investigate
or carry out any tests, either in sufficient depth
or at all, on each Lot to establish the accuracy
or otherwise of any Descriptions or opinions
given by Bonhams, or by any person on
Bonhams’ behalf, whether in the Catalogue
or elsewhere. Bidders and the Buyer should
not suppose that such examinations,
investigations or tests have occurred.
Bonhams does not make or agree to make
any representation of fact, and undertakes no
obligation or duty (whether in contract or tort)
in respect of the accuracy or completeness
of any statement or representation made by
Bonhams or on Bonhams’ behalf which is in
any way descriptive of any Lot or as to the
anticipated or likely selling price of any Lot. No
statement or representation by Bonhams or on
its behalf in any way descriptive of any Lot or
any Estimate is incorporated into our Buyer’s
Agreement.
A2. The Seller has authorised Bonhams to sell the
Lot as its agent on its behalf and, save where
expressly made clear to the contrary, Bonhams
acts only as agent for the Seller. If a Bidder
successfully bids for a Lot and buys it, at that
stage Bonhams enters into an agreement with
the Buyer on the terms set out in our Buyer’s
Agreement, at Appendix 2. Other than as set
out in our Buyer’s Agreement, Bonhams does
not owe or undertake or agree to any duty or
responsibility to the Buyer in contract or tort
(whether direct, collateral, express, implied or
otherwise).
A3. The Seller does not make or agree to make
any representation of fact or contractual
promise, guarantee or warranty and
undertakes no obligation or duty, whether in
contract or in tort (other than to the eventual
Buyer concerning the Catalogue Description),
in respect of the accuracy or completeness
of any statement or representation made
by him or on his behalf, which is in any way
descriptive of any Lot or as to the anticipated
or likely selling price of any Lot. Other than
as above, no statement or representation in
any way descriptive of a Lot or any Estimate
is incorporated into any Contract for Sale
between a Seller and a Buyer.
B. LOTS
B1. Subject to the Contractual Description printed
in bold or upper case letters in the Entry
about the Lot in the Online Sales Catalogue
(see Section C below), Lots are likely to be
second-hand, of varying condition, offered
for the purpose of display or appreciation as
objects only and are sold to the Buyer on an
“as is” basis, with all faults and imperfections.
Illustrations and photographs of any Lots are
for identification purposes only. A photograph
or illustration may not reflect an accurate
reproduction of the colour(s) or true condition
of the Lot. It is for you to satisfy yourself as to
each and every aspect of a Lot, including its
authorship, attribution, condition, provenance,
history, background, authenticity, style, period,
age, suitability, quality, roadworthiness (if
relevant), origin, value and Estimated selling
price (including the Hammer Price). Further
information about our Lot Descriptions and
limitations of Bonhams’ liability is set out in
Section L.2 below.
B2. It is your responsibility to take independent
advice about a Lot in which you are interested.
It should be remembered that the actual
condition of a Lot may not be as good as
that indicated by its outward appearance. In
particular, parts may have been replaced or
renewed and Lots may not be of satisfactory
quality; the inside of a Lot may not be visible
and may not be original or may be damaged,
as for example where it is covered by
upholstery or material. Given the age of many
Lots, they may have been damaged and/or
repaired and you should not assume that a Lot
is in good condition.
B3. Electronic or mechanical items or parts are
sold for their artistic, historic or cultural interest
and may not operate or may not comply with
current statutory requirements. You should
not, and must not, assume that electrical items
designed to operate on mains electricity will be
suitable for connection to the mains electricity
supply and you should obtain a report from
a qualified electrician on their status before
doing so. Such items which are unsuitable for
connection are sold as items of interest for
display purposes only.
B4. If you yourself do not have expertise regarding
a Lot, you should consult someone who does
to advise you.
C. DESCRIPTIONS OF LOTS AND ESTIMATES
C1. Contractual Description of a Lot. The
Online Sales Catalogue contains an Entry
about each Lot. Each Lot is sold by its
respective Seller to the Buyer of the Lot
as corresponding only with that part of the
Entry which is printed in bold or upper case
letters (except for the colour, which may be
inaccurately reproduced) 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.
C2. In most cases, an Estimate is printed beside
the Entry. Estimates 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; it is
not an estimate of value. It does not take into
account any VAT or Buyer’s Premium payable
or any other fees payable by the Buyer, which
are detailed in paragraph 7 of the Notice to
Online Bidders. 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.
C3. Lots in the Online Sale can be of varying ages
and with diverse histories of use and storage;
their condition can therefore vary considerably.
You may ask Bonhams for a Condition
Report on the Lot’s general physical condition.
If you do so, this will be provided by Bonhams
on behalf of the Seller free of charge. As this
is offered additionally and without charge,
Bonhams is not entering into a contract with
you in respect of the Condition Report and
accordingly does not assume responsibility
to you in respect of it, and you should refer
to Section L below for Bonhams’ exclusions
of liability concerning Lot Descriptions, online
images and Condition Reports.
C4. The Condition Report represents Bonhams’
reasonable opinion as to the Lot’s general
condition in the terms stated in the particular
report, and Bonhams 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 about a
Lot.
D. Registration
D1. In order to bid in an Online Sale, you must be
18 or over and you must register to bid via the
Bonhams App or www.bonhams.com. Once
you have registered, you should keep your
account details strictly confidential and not
permit any third party to access your account
on your behalf or otherwise. You will be liable
for any and all bids made via your account.
Please note payment must be made from a
bank account in the name of the registered
bidder.
Individuals: Enter your full name, email,
residential address, date of birth and nationality
and provide a valid credit card in your name
which will be verified via Stripe before you are
able to bid. If your credit card fails verification,
you will not be permitted to bid and you should
contact Client Services for assistance. We
may in addition request a financial reference
and/or deposit from you prior to letting you
ONLINE BIDDING TERMS AND CONDITIONS
NTB/ONLINE/TERMS&CONDITIONS/V1/6.2024
bid. If you are bidding as agent on behalf of
another party, you agree: (i) to disclose this
fact to Client Services; (ii) to provide such
information as we require to enable us to
complete our identification and anti-money
laundering checks on that third party; and (ii)
where your bid is successful, you are jointly
and severally liable with that other party for
the full amounts owing for the successful
bid. Where you are the successful bidder
for any lot with a hammer price equal to or
in excess of £5,000/$10,000/HKD50,000/
AUS$10,000 depending on the jurisdiction
and currency of the Sale, and if you have not
provided such documents previously, you
will be required to upload or provide to Client
Services your Government issued photo ID
and (if not on the ID) proof of your address
before the lot can be released to you. We
reserve the right to request ID documentation
from any bidder or successful buyer regardless
of these thresholds and to refuse to release
any purchased lot until such documentation is
provided.
Companies: You must select the option to set
up a business account and then provide your
full name, email, residential address, date of
birth and the full name of the company. You
must provide a credit card for verification either
in your name or the name of the company
but payment must be made from an account
in the company’s name. If your credit card
fails verification, you will not be permitted
to bid and please contact Client Services
for assistance. We may in addition require
a bank reference or deposit prior to letting
you bid. For all successful bids, we require
the company’s Certificate of Incorporation
or equivalent documentation confirming the
company’s name and registered address,
documentary proof of each beneficial owner
owning 25% or more of the company, and
proof of your authority to transact before the
lot can be released to you.
We reserve the right to request any further
information from any bidder that we may
require in order to carry out any identification,
anti-money laundering or anti-terrorism
financing checks conducted by us. We
may at our discretion postpone or cancel
your registration, not permit you to bid and/
or postpone or cancel completion of any
purchase you may make at the Online Sale.
D2. Registration will require the submission of
certain information about you. In the event
you have not satisfied our Bidder registration
requirements, including but not limited to
any identification, anti-money laundering or
anti-Terrorism financing checks conducted
by us, we may at our discretion postpone or
cancel your registration, not permit you to bid
and/or postpone or cancel completion of any
purchase you may make at the Online Sale.
D3. Once you have registered you should keep
your account details strictly confidential and
you must not permit any third party to use
or access your account on your behalf or
otherwise. You will be liable for any and all bids
made via your account.
D4. If you are bidding on behalf of another party,
you agree:
(i) To provide such information as is requested by
us to allow us to complete our identification,
anti-money laundering and anti-Terrorism
checks on such other party; and
(ii) That if your bid is successful, you are jointly
and severally liable with that other party for the
full amounts owing for the successful bid.
D5. If you are bidding for a Company, you will
have to provide the Company identification
information set out in the Notice to Online
Bidders.
E. Forgeries
E1. We undertake a personal responsibility for any
Forgery in accordance with the terms of this
Section E.
E2. If we are satisfied that a Lot we have sold
to you is a Forgery we will (as principal)
purchase the Lot from you and you will
transfer the title to the Lot in question to us,
with full title guarantee, free from any liens,
charges, encumbrances and adverse claims,
in accordance with the provisions of Sections
12(1) and 12(2) of the Sale of Goods Act 1979
and we will pay to you an amount equal to the
sum of the Purchase Price, Buyer’s Premium,
VAT and Expenses paid by you in respect of
the Lot.
E3. This Section E applies only if:
(i) your name appears as the named person to
whom the original invoice was made out by us
in respect of the Lot and that invoice has been
paid; and
(ii) you notify us in writing as soon as reasonably
practicable after you have become aware that
the Lot is or may be a Forgery, and in any
event within one year after the Online Sale, that
the Lot is a Forgery; and
(iii) within one month after such notification has
been given, you return the Lot to us in the
same condition as it was at the time of the
Online Sale, accompanied by written evidence
that the Lot is a Forgery and details of the Sale
and Lot number sufficient to identify the Lot.
E4. This Section E will not apply in respect of a
Forgery if:
(i) the Entry in relation to the Lot contained in
the Online Sales Catalogue reflected the then
accepted general opinion of scholars and
experts or fairly indicated that there was a
conflict of such opinion or reflected the then
current opinion of an expert acknowledged to
be a leading expert in the relevant field; or
(ii) it can be established that the Lot is a Forgery
only by means of a process not generally
accepted for use until after the date on which
the Online Sales Catalogue was published
or by means of a process which it was
unreasonable in all the circumstances for us to
have employed.
E5. You authorise us to carry out such processes
and tests on the Lot as we in our absolute
discretion consider necessary to satisfy
ourselves that the Lot is or is not a Forgery.
E6. The benefit of this Section E is personal to,
and incapable of assignment by, you.
E7. If you sell or otherwise dispose of your interest
in the Lot, all rights and benefits under this
Section E will cease.
E8. This Section E does not apply to a Lot made
up of or including a Chinese painting or
Chinese paintings, a motor vehicle or motor
vehicles, a Stamp or Stamps or a Book or
Books.
F. Bidding in Online Sales
F1. Bidding on each Lot will open at or below
the low pre-sale Estimate specified in the
particulars for that Lot and will increase at the
increments provided as bidding on the Lot
progresses.
F2. Unless otherwise indicated, Lots will be
offered subject to a Reserve, which will be at
or below the Lot’s low pre-sale Estimate.
F3. Bids may only be submitted during the period
indicated for bidding on that Lot, ending
with Lot Closing in the manner explained in
paragraph 5 of the Notice to Online Bidders.
F4. Please note that the Online Sale is conducted,
and all bids must be made, in the currency
of the country in which the Online Sale is
based. All bidding increments will be in that
currency only and payment for any Lot that is
the subject of a successful bid must also be
made in the currency of the Online Sale. Any
currency conversion tool is provided on the
Online Bidding screen for your convenience
only.
F5. During an Online Sale, you can bid for a Lot
by clicking the Bid button. Each bid shall be
final and binding as soon as you click the Bid
button. You agree that each bid submitted
is irrevocable and cannot be amended or
corrected even if submitted in error and
notified to us. You accept full liability for all bids
submitted via your Online Bidding account
(including the liability to pay in full and on time
in accordance with the Bid Conditions for
any Lot that is the subject of a successful bid
submitted from your account).
F6. You will be notified by email if you are outbid
or your bid is below another bid already
accepted. In the event of a tie between bids
placed, the earlier bid received by our servers
shall be accepted.
F7. Unless cancelled by us pursuant to these
terms and conditions, the highest bid
submitted when the online Bidding for the Lot
closes (Lot Closing) shall be the successful
bid, thereby forming a binding contract for sale
between you and the Seller, at which point you
will be sent an invoice by Bonhams by email.
We will not notify you about Lots for which you
were not the successful Bidder.
F8. In the event of any discrepancy or dispute
about bidding or the sale of any Lot, the Sale
Record maintained on Bonhams’ servers shall
be final and binding.
F9. Please note that Bonhams reserves the right to
withdraw its permission for you to use Online
Bidding, terminate an Online Bidding account,
reject any bids made or restart bidding afresh
for a Lot, for any reason at any time prior to,
during or after a Sale.
F10. Bidding through an agent. Bids will be
treated as placed exclusively by and on behalf
of the person registered to bid. 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.
G. Bidder and Buyer Warranties
G1. You warrant that neither you nor - if you are
a company, your directors, officers or your
owner or their directors or shareholders - are
an individual or an entity that is, or is owned or
NTB/ONLINE/TERMS&CONDITIONS/V1/6.2024
controlled by individuals or entities that are:
(i) the subject of any sanctions administered
or enforced by the U.S. Department of the
Treasury’s Office of Foreign Assets Control, the
U.S. Departure of State, the United Nations
Security Council, the European Union, Her
Majesty’s Treasury, or other relevant sanctions
authority (“Sanctions” and a “Sanctioned
Party”); or
(ii) located, organised or resident in a country
or territory that is, or whose government is,
the subject of Sanctions, including without
limitation, Iran, North Korea, Sudan and Syria.
G2. You warrant that the funds being used
for your purchase have no link with criminal
activity including without limitation money
laundering, tax evasion or terrorist financing,
and that you not under investigation for,
neither have been charged nor convicted in
connection with, any criminal activity. You
also warrant that items purchased by you
through Bonhams are not being purchased
or to be used in any way connected with or
to facilitate breaches of applicable Tax, Anti-
Money Laundering or Anti-Terrorism laws and
regulations.
G3. Where you are acting as agent for another
party (“your Principal”), you undertake and
warrant that:
(i) you have conducted suitable customer due
diligence into your Principal under applicable
Sanctions and Anti-Money Laundering laws
and regulations;
(ii) your Principal is not a Sanctioned Party and
not owned, partially owned or controlled by
a Sanctioned Party, and you have no reason
to suspect that your Principal has been
charged or convicted with, money laundering,
Terrorism or other crimes;
(iii) funds used for your Principal’s purchase
are not connected with or derived from any
criminal activity, including without limitation
tax evasion, money laundering or terrorist
financing;
(iv) items purchased by your Principal through
Bonhams are not being purchased or to be
used in any way connected with or to facilitate
breaches of applicable Tax, Anti-Money
Laundering or Anti-Terrorism laws and regulations;
and
(v) that you consent to Bonhams relying upon
your customer due diligence, undertaking
to retain records of your due diligence for at
least 5 years and to make such due diligence
records available for inspection by an independent
auditor in the event we request you
to do so.
G4. We reserve the rights to make enquiries about
any person transacting with us and to identify
the source of any funds received from you. In
the event we have not completed our investigations
in respect of anti-Terrorism financing,
anti-money laundering or other financial and
identity checks concerning either you or the
Seller, to our satisfaction at our discretion, we
shall be entitled to retain Lots and/or proceeds
of Sale, postpone or cancel any Sale and to
take any other actions required or permitted
under applicable law, without liability to you.
H. CONTRACTS BETWEEN THE BUYER AND
SELLER AND THE BUYER AND BONHAMS
H1. On the Lot Closing, the Bidder with the highest
bid on that Lot will become the Buyer and a
Contract for Sale of the Lot will be entered into
between the Seller and the Buyer on the terms
of the Buyer’s Contract for Sale set out in
Appendix 1 to these Online Bidding Terms and
Conditions. The Buyer will be liable to pay the
Purchase Price, which is the Hammer Price
plus any applicable VAT or Sale or use taxes
and other applicable costs such as Artists’
Resale Right where indicated (with “AR”).
H2. At the same time, a separate contract is
also entered into between Bonhams as
Auctioneers and the Buyer. This is our Buyer’s
Agreement, the terms of which are set out in
Appendix 2 these Online Bidding Terms and
Conditions.
H3. Please read the terms of the Contract for
Sale and the Buyer’s Agreement in Appendix
1 and 2 to these Online Bidding Terms and
Conditions case you are the successful Bidder,
including the warranties as to your status and
source of funds. We may change the terms of
either or both of these agreements in advance
of their being entered into, by setting out
different terms on our Website or in the Online
Sales Catalogue. It is your responsibility to
ensure you are aware of the up to date terms
of these agreements for this Sale.
I. BUYER’S PREMIUM AND OTHER CHARGES
PAYABLE BY THE BUYER
I.1. Under the Buyer’s Agreement, a premium (the
Buyer’s Premium) is payable to Bonhams 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.
I.2. For this Online Sale the following rates of
Buyer’s Premium will be payable by Buyers on
each Lot purchased:
28% of the Hammer Price on the first £40,000;
plus
27% of the Hammer Price from £40,001 and
up to £800,000; plus
21% of the Hammer Price from £800,001 and
up to £4,500,000; plus
14.5% of the Hammer Price above £4,500,000
I.3. A 3rd party bidding platform fee of 4% of the
Hammer Price for Buyers using the following
bidding platforms will be added to the invoices
of successful Buyers – Invaluable; Live
Auctioneers; The Saleroom; Lot-tissimo.
I.4. Storage and handling charges may also be
payable by the Buyer as detailed in the Online
Sales Catalogue for the appropriate Sale or on
our website.
I.5. The Buyer’s Premium and all other charges
payable to us by the Buyer are subject to VAT
at the prevailing rate, currently 20%. VAT may
also be payable on the Hammer Price of the
Lot, where indicated by a symbol beside the
Lot number. See paragraph 8 of the Notice to
Online Bidders for details.
I.6. On Lots marked “AR”, 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. See paragraph 7 of
the Notice to Online Bidders for details.
J. AFTER THE SALE
J1. You will be sent an invoice if you have been
successful in your bidding and you may check
the results that are published by Bonhams
online after the Sale.
J2. You agree to pay for and collect any Lot that
is the subject of a successful bid submitted by
you or from your Online Bidding account, in
accordance with these Online Bidding Terms
and Conditions.
K. PAYMENT
K1. 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
VAT and any other charges and Expenses to
us) in full before making a bid for the Lot.
K2. If you are a successful Bidder, payment will be
due to us by 4.30 pm on the second working
day after the Sale. Payments made by anyone
other than the registered Buyer will not be
accepted. Bonhams Reserves the right to vary
the terms of payment at any time.
K3. Bonhams’ preferred payment method is
by bank transfer. You may electronically
transfer funds to our Bank Account. If you
do so, please quote your online paddle
number (referenced on your invoice) and
invoice number as the reference. Our Bank
Account details are as follows: Bank: National
Westminster Bank Plc Address: PO Box 4RY
250 Regent Street London W1A 4RY Account
Name: Bonhams 1793 Ltd., Account Number:
25563009 Sort Code: 56-00-27 IBAN
Number: GB 33 NWBK 560027 25563009.
K4. If paying by bank transfer, the amount received
after the deduction of any bank fees and/
or conversion of the currency of payment to
pounds sterling must not be less than the
sterling amount payable, as set out on the
invoice.
K5. Payment may also be made by one of the
methods specified in the Notice for Online
Bidders, subject to the terms specified therein.
L. PROVISION OF ONLINE SALES AND
LIMITATIONS OF BONHAMS’ LIABILITY
L1. Any currency conversion tool is provided for
your convenience only and is an approximate
guide to the equivalent amount in the specified
currencies. You are therefore advised to
conduct your own research into the applicable
exchange rates prior to placing a bid. WE
DO NOT ACCEPT ANY RESPONSIBILITY
FOR ANY ERRORS THAT MAY OCCUR AS A
CONSEQUENCE OF RELIANCE UPON THE
CURRENCY CONVERSION TOOL.
L2. Bonhams Online Sales are provided on the
basis that you shall place bids on your own
behalf. In the event Bonhams agrees to place
a bid on your behalf in an Online Sale, we do
so as an additional service without charge, and
BONHAMS ACCEPTS NO RESPONSIBILITY,
DUTY OR LIABILITY WHATSOEVER,
WHETHER FOR NEGLIGENCE OR
OTHERWISE, IN THE PLACING OR FAILURE
TO PLACE SUCH BIDS.
L3. Lots offered for sale will vary in terms of age,
type and condition, with potential faults,
imperfections and repairs, and are offered for
Sale “AS IS” in their condition as at the time
of sale. Lot Descriptions reflect Bonhams’
reasonable opinion within the terms on which
they are provided, are provided for general
reference and do not purport to be and may
not be taken as complete descriptions of
the Lot. Lot Descriptions and Condition
Reports may contain inaccuracies and
typographical errors and we do not warrant
the accuracy or completeness of the content
or that any defects will be noted or corrected.
Condition Reports represent our reasonable
opinion (recognising we are not restorers
or conservators) and are intended to offer a
general view as to the overall condition of the
Lot but may not cover all condition issues.
Online images depend on connectivity and
performance of computer equipment and may
not accurately represent the Lot’s colours
and shades. WITH THE EXCEPTION OF
THE FORGERY GUARANTEE IN SECTION
E, BONHAMS DOES NOT OFFER ANY
WARRANTY OR GUARANTEE FOR LOT
DESCRIPTIONS, CONDITION REPORTS,
MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, ATTRIBUTION,
AUTHENTICITY OR PROVENANCE, AND ANY
IMPLIED WARRANTIES ARE EXCLUDED TO
THE FULLEST EXTENT PERMISSIBLE BY
LAW.
L4. Bonhams reserves the right, in our sole
discretion, to correct any errors or omissions
in any portion of the Online Sale and to make
any changes to the features, functionality or
content of the Online Sale at any time. APART
FROM IN RESPECT OF THE FORGERY
GUARANTEE IN SECTION E AND OTHER
THAN IN THE EVENT OF ITS FRAUD OR
FRAUDULENT MISREPRESENTATION,
BONHAMS EXCLUDES LIABILITY WHETHER
IN NEGLIGENCE OR OTHERWISE FOR ANY
ERROR OR OMISSION IN ANY DESCRIPTION
OF A LOT OR ANY ESTIMATE IN RESPECT
OF ANY LOT OR THE CONTENTS OF ANY
CONDITION REPORT OR OTHERWISE,
WHETHER GIVEN ORALLY OR IN WRITING
AND WHETHER GIVEN BEFORE, DURING
OR AFTER THE SALE. This disclaimer and
exclusion do not affect your statutory rights as
a Consumer.
L5. NEITHER BONHAMS NOR THE SELLER WILL
BE LIABLE FOR ANY LOSS OF BUSINESS,
PROFITS, REVENUE OR INCOME, OR FOR
LOSS OF REPUTATION, OR FOR DISRUPTION
TO BUSINESS OR WASTED TIME ON THE
PART OF MANAGEMENT OR STAFF, OR FOR
INDIRECT LOSSES OR CONSEQUENTIAL
DAMAGES OF ANY KIND, IRRESPECTIVE
IN ANY CASE OF THE NATURE, VOLUME
OR SOURCE OF THE LOSS OR DAMAGE
ALLEGED TO BE SUFFERED, AND
IRRESPECTIVE OF WHETHER THE SAID LOSS
OR DAMAGE IS CAUSED BY OR CLAIMED
IN RESPECT OF ANY NEGLIGENCE, OTHER
TORT, BREACH OF CONTRACT (IF ANY) OR
STATUTORY DUTY, RESTITUTIONARY CLAIM
OR OTHERWISE.
L6. Without prejudice to the provisions of this
Section L, in any circumstances where
Bonhams and/or the Seller is liable in relation
to any Lot or any Description or Estimate
made of any Lot, or the conduct of any Sale in
relation to any Lot, whether in damages, for an
indemnity or contribution, or for a restitutionary
remedy or otherwise, our and/or the Seller’s
liability (combined, if both we and the Seller
are liable) will be limited to payment of a sum
which will not exceed by way of maximum
the amount of the Purchase Price of the Lot
irrespective in any case of the nature, volume
or source of any loss or damage alleged
to be suffered or sum claimed as due, and
irrespective of whether the liability arises from
any negligence, other tort, breach of contract
(if any) or statutory duty or otherwise.
L7. Nothing contained in this Section L will be
construed as excluding or restricting (whether
directly or indirectly) Bonhams or the Seller’s
liability or excluding or restricting any person’s
rights or remedies in respect of (i) fraud, or (ii)
death or personal injury caused by Bonhams
or the Seller’s negligence (or by the negligence
of any person under our control or for whom
we are legally responsible), or (iii) acts or
omissions for which we are liable under the
Occupiers Liability Act 1957, or (iv) any other
liability to the extent the same may not be
excluded or restricted as a matter of law or
(v) our undertakings under paragraphs 9 (in
relation to specialist Stamp or Book Sales only)
and 10 of the Buyer’s Agreement. The same
applies in respect of the Seller, as if references
to us in this paragraph were substituted with
references to the Seller.
L8. If you choose to participate in Bonhams’
Online Sales, you do so entirely at your own
risk. Bidding in Online Sales is dependent
upon, among other things, your own
equipment and the availability, speed and
quality of internet connections provided by
third party operators and suppliers, for which
Bonhams accepts no responsibility or liability
whatsoever.
L9. Bonhams reserves the right to provide any
information from the Website or from its use
to respond to requests from governmental or
other bodies with jurisdiction or to meet the
requirements of any applicable law, regulation
or Bonhams policy.
L10. In addition to any other rights we may
have at law, Bonhams reserves the right,
at our discretion and without liability to
you, to restrict, suspend or terminate your
participation in any of Bonhams’ Online Sales
in the event of your breach of the Conditions
of Sale, or your provision of false or misleading
information, or in the event of any interference
by you with the administration or smooth
operation of the Website.
L11. BONHAMS AND ITS SUPPLIERS PROVIDE
THE ONLINE SALE AND THE BONHAMS
WEBSITE “AS IS” AND WITHOUT ANY
WARRANTY OR CONDITION, EXPRESS,
IMPLIED OR STATUTORY. WITHOUT LIMITING
THE FOREGOING, WE ACCEPT NO LIABILITY
FOR ANY FAILURES, DELAYS OR ERRORS
CAUSED BY INTERRUPTIONS IN THE
AVAILABILITY OF THE ONLINE SALE OR OUR
WEBSITE OR ANY ERRORS OR DEFECTS IN
THEIR CONTENT OR FUNCTIONALITY, ANY
SOFTWARE AND/OR HARDWARE DEFECTS
(WHETHER YOURS OR OURS) AND/OR
ANY INTERNET CONNECTION PROBLEMS
(WHETHER YOURS OR OURS), AND WE DO
NOT REPRESENT OR WARRANT THAT THE
ONLINE SALE OR THE WEBSITE WILL BE
ERROR-FREE, FREE OF VIRUSES OR OTHER
HARMFUL COMPONENTS, OR THAT ANY
DEFECTS WILL BE CORRECTED.
M. MISCELLANEOUS
M1. You may not assign either the benefit or
burden of this agreement.
M2. Bonhams’ failure or delay in enforcing or
exercising any power or right under this
agreement will not operate or be deemed
to operate as a waiver of our rights under it
except to the extent of any express waiver
given to you in writing. Any such waiver will
not affect our ability subsequently to enforce
any right arising under this agreement.
M3. If either party to this agreement is prevented
from performing that party’s respective
obligations under this agreement by
circumstances beyond its reasonable control
or if performance of its obligations would
by reason of such circumstances give rise
to a significantly increased financial cost
to it, that party will not, for so long as such
circumstances prevail, be required to perform
such obligations. This paragraph does not
apply to the obligations imposed on you
by Sections D (Registration), F (Bidding), G
(Warranties) and K (Payment).
M4. Any notice or other communication to be
given under this agreement must be in writing
and may be delivered by hand or sent by
first class post or air mail or fax transmission
(if to Bonhams marked for the attention of
the Company Secretary), to the address
or fax number of the relevant party given
in the Contract Form (unless notice of any
change of address is given in writing). It is the
responsibility of the sender of the notice or
communication to ensure that it is received in a
legible form within any applicable time period.
M5. If any term or any part of any term of this
agreement is held to be unenforceable or
invalid, such unenforceability or invalidity will
not affect the enforceability and validity of
the remaining terms or the remainder of the
relevant term.
M6. References in this agreement to Bonhams
will, where appropriate, include reference to
Bonhams’ officers, employees and agents.
M7. The headings used in this agreement are
for convenience only and will not affect its
interpretation. Words and phrases shown
in italics shall have the meanings ascribed in
the Definitions Section of the Notice to Online
Bidders, unless otherwise specified.
M8. In this agreement “including” means “including,
without limitation”.
M9. References to the singular will include
reference to the plural (and vice versa) and
reference to any one gender will include
reference to the other genders.
M10. Reference to a lettered or numbered section or
paragraph is to a section or paragraph of this
agreement, unless otherwise specified.
M11. Save as expressly provided in paragraph M12
nothing in this agreement confers (or purports
to confer) on any person who is not a party to
this agreement any benefit conferred by, or the
right to enforce any term of, this agreement.
M12. Notwithstanding the previous paragraph,
where this agreement confers an immunity
from, and/or an exclusion or restriction of, the
responsibility and/or liability of Bonhams, it
will also operate in favour and for the benefit
of Bonhams’ holding companies and the
subsidiaries of such holding companies and
the successors and assigns of Bonhams
and of such companies and of any officer,
employee and agent of Bonhams and such
companies, each of whom will be entitled to
rely on the relevant immunity and/or exclusion
and/or restriction within and for the purposes
of Contracts (Rights of Third Parties) Act 1999,
which enables the benefit of a contract to be
extended to a person who is not a party to the
contract, and generally at law.
M13. Copyright in all images in the Online Sales
Catalogue is owned by Bonhams and/
or other parties, including texts, layouts
and illustrations; these may not be used
or reproduced by you in any way without
NTB/ONLINE/TERMS&CONDITIONS/V1/6.2024
Bonhams’ written permission. Lots are
not offered for sale with copyright or other
reproduction rights.
N. CHANGES TO THESE TERMS AND
CONDITIONS
N1. We may from time to time make changes to
these terms and conditions. Any changes will
be posted on our website at https://www.
bonhams.com. Please review these terms and
conditions regularly to ensure you are aware
of any changes made by us. If you participate
in our Online Sales after changes have been
made and posted, you shall be deemed to
have agreed to such changes.
O. GOVERNING LAW
O1. All transactions to which this agreement
applies and all connected matters will be
governed by and construed in accordance
with the laws of England and we and you
each submit to the exclusive jurisdiction of
the courts of England, save that we may
bring proceedings against you (including
but not limited to enforcing payment) in any
other court of competent jurisdiction to the
extent permitted by the laws of the relevant
jurisdiction.
P. EU CONSUMER CANCELLATION RIGHTS
P1. Right to Cancel the Purchase. If you are
a Consumer in accordance with the EU
Consumer Rights Directive and habitually
reside in the European Union, and the Seller
is not a Consumer (as identified in the Online
Sales Catalogue), you have the right to cancel
the contract for the purchase of a Lot, without
giving any reason. Sellers who are Consumers
will be identified as private individuals in the
entry for the Lot.
P2. The cancellation period will expire 14 calendar
days from the day after the date on which
you, or a third party (other than the carrier
and indicated by you) acquires, physical
possession of the Lot.
P3. To exercise the right to cancel you must inform
Bonhams, who are offering to sell the Lot
either as agent for the Seller or as the owner
of the Lot, of your decision to cancel this
contract by a clear statement (e.g. by post or
e-mail). You may use the model cancellation
forms set out in paragraph P6 below, but this
is not obligatory. To meet the cancellation
deadline, it is sufficient for you to send your
communication concerning your exercise of
the right to cancel before the cancellation
period has expired.
P4. Effects of cancellation
(i) If you cancel the contract, we will reimburse to
you all payments received from you, including
the costs of delivery but not any extra costs
arising if you chose a type of delivery other
than the least expensive type of standard
delivery offered by us; or any import duties we
incur as a result of you returning the Lot to us.
(ii) We may make a deduction from the
reimbursement for loss in value of any Lots
supplied, if the loss is the result of unnecessary
handling by you.
(iii) We will make the reimbursement without
undue delay, and not later than: 14 calendar
days after the day we receive back from you
any Lot supplied; or (if earlier) 14 calendar days
after the day you provide evidence that you
have returned the Lot.
(iv) We will make the reimbursement using the
same means of payment as you used for the
initial transaction, unless you have expressly
agreed otherwise (but reimbursement will
always be to an account solely in your name);
in any event, you will not incur any fees as a
result of the reimbursement. We may withhold
reimbursement until we have received the Lot
back or you have supplied evidence of having
sent back the Lot, whichever is earliest.
(v) You shall send back the Lot or return it over
to us at such address as we may specify for
the purpose, without undue delay and in any
event not later than 14 calendar days from
the day after on which you communicate your
cancellation from these Conditions of Sale to
us.
(vi) The deadline is met if you send back the Lot
before the period of 14 calendar days has
expired.
(vii) You will have to bear the direct costs of
returning the Lot. If we arranged for the Lot
to be delivered we Estimate that the cost
returning the Lot by the same means is likely
to be similar to the cost of delivery, but it is not
possible for us to be more accurate as to this
cost due to the many variables involved in our
worldwide business model and the means by
which a return might be made.
(viii) You are only liable for any diminished value of
the Lot resulting from the handling other than
what is necessary to establish the nature,
characteristics and functioning of the Lot.
P5. Right to cancel the contract for services.
If you are a Consumer in accordance with the
EU Consumer Rights Directive and habitually
live in the European Union, and we have notified
you that you are purchasing the Lot from
a Consumer, you have the right to cancel
the contract for services Bonhams provides
to you in connection with your purchase of
a Lot, but not to cancel the contract for the
purchase of the Lot itself. Bonhams’ services
consist of: the opportunity to participate in the
Online Sale, to be introduced to Lots for Sale
which may be of interest, to view images and
other information about such Lots, and any
delivery service for any Lot which you purchase
and which is to be delivered pursuant
to an agreement with Bonhams).
(i) You have the right to cancel the contract for
this service within 14 calendar days from the
day of conclusion of the contract, without
giving any reason.
(ii) The cancellation period will expire after 14
calendar days from the day of the conclusion
of the contract.
(iii) To exercise the right to cancel you must inform
the Bonhams company which offers to
sell the Lot either as agent for the Seller or as
the owner of the Lot, of your decision to cancel
this service by a clear statement (e.g. by
post or e-mail). You may use the model cancellation
form set out in paragraph P7 below,
but it is not obligatory. To meet the cancellation
deadline, it is sufficient for you to send
your communication concerning your exercise
of the right to cancel before the cancellation
period has expired.
(iv) You request Bonhams immediately to begin
the performance of its services (including
any agreed arrangements for delivery) during
the cancellation period described above. If
you cancel this contract, we will reimburse
to you any payments received from you in
respect of the service. However, since you
have requested us to begin the performance
of services during the cancellation period, you
shall pay us an amount which is in proportion
to what has been performed until you have
communicated us your cancellation from this
contract, in comparison with the full coverage
of the contract.
NTB/ONLINE/TERMS&CONDITIONS/V1/6.2024
P6. Model form of cancellation –
Purchase of the Lot
To: Bonhams [insert the name of the company within the Bonhams Group which
offers to sell the Lot and whose contact details are set out in the Online Sales
Catalogue (these details will be sent to you by email following the Sale and/or with
the delivery of the Lot]:
I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of Sale of the
following goods [*], Ordered on [*]/received on [*],
Name of Consumer(s),
Address of Consumer(s),
Signature of Consumer(s)
(only if this form is notified
on paper), Date
[*] Delete as appropriate
P7. Model form of cancellation –
Provision of the services
To: Bonhams [insert the name of the company within the Bonhams Group which
offers to sell the Lot and whose contact details are set out in the Online Sales
Catalogue (these details will be sent to you by email following the Sale and/or with
the delivery of the Lot]:
I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract/for the provision of
the following service [*], Ordered on [*]/received on [*],
Name of Consumer(s),
Address of Consumer(s),
Signature of Consumer(s)
(only if this form is notified
on paper), Date
[*] Delete as appropriate
Q. DEFINITIONS AND GLOSSARY
The Definitions and Glossary set out at the
end of the Notice to Online Bidders apply to
terms in italics in these Online Bidding Terms
and Conditions, including the Contract for Sale
at Appendix 1 and the Buyer’s Agreement at
Appendix 2.
NTB/ONLINE/TERMS&CONDITIONS/V1/6.2024
NTB/ONLINE/V1/6.2024
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;
• The Buyer’s Contract for Sale with the Seller,
at Appendix 1;
• The Buyer’s Agreement with Bonhams,
at Appendix 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.
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.
Forgeries Guarantee
Bonhams offers a guarantee to cover Forgeries on
the terms set out in Section E of the Online Bidding
terms and Conditions. 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.
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 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
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 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.
If you wish to bid on behalf of another person (your
NOTICE TO ONLINE BIDDERS
NTB/ONLINE/V1/6.2024
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.
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. 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.
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:
28% of the Hammer Price on the first £40,000; plus
27% of the Hammer Price from £40,001 and up to
£800,000; plus
21% of the Hammer Price from £800,001 and up to
£4,500,000; plus
14.5% of the Hammer Price above £4,500,000
A 3rd party bidding platform fee of 4% of the Hammer
Price for Buyers using the following bidding platforms
will be added to the invoices of successful Buyers
– Invaluable; Live Auctioneers; The Saleroom; Lottissimo.
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.
The Buyer’s Premium and all other charges payable
to us by the Buyer are subject to VAT at the prevailing
rate, currently 20%.
VAT may also be payable on the Hammer Price of
the Lot, where indicated by a symbol beside the Lot
number. See paragraph 8 below for details.
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. VAT
The prevailing rate of VAT at the time of going to press
is 20%, but this is subject to government change and
the rate payable will be the rate in force on the date of
the Sale.
The following symbols, shown beside the Lot number,
are used to denote that VAT is due on the Hammer
Price and Buyer’s Premium:
† VAT at the prevailing rate on Hammer Price and
Buyer’s Premium
Ω VAT on imported items at the prevailing rate on
Hammer Price and Buyer’s Premium
* VAT on imported items at a preferential rate of
5% on Hammer Price and the prevailing rate on
Buyer’s Premium
G Gold bullion exempt from VAT on the Hammer
Price and subject to VAT at the prevailing rate on
the Buyer’s Premium
• Zero rated for VAT, no VAT will be added to the
Hammer Price or the Buyer’s Premium
a Buyers from within the UK: VAT is payable at the
prevailing rate on just the Buyer’s Premium (NOT
the Hammer Price). Buyers from outside the
UK: VAT is payable at the prevailing rate on both
Hammer Price and Buyer’s Premium. If a Buyer,
having registered under a non-UK address,
decides that the item is not to be exported
from the UK, then he should advise Bonhams
immediately.
In all other instances no VAT will be charged on the
Hammer Price, but VAT at the prevailing rate will be
added to Buyer’s Premium which will be invoiced on a
VAT inclusive basis.
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 VAT 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 us by 4.30 pm on the second working day after
the Sale. Payments made by anyone other than the
registered Buyer will not be accepted. Bonhams
reserves the right to vary the terms of payment at any
time.
Bonhams’ preferred payment method is by bank
transfer. You may electronically transfer funds to
our Account. If you do so, please quote your paddle
number (from the invoice) and invoice number as the
reference.
Our Account details are as follows:
Bank: National Westminster Bank Plc
Address: PO Box 4RY
250 Regent Street
London W1A 4RY
Account Name: Bonhams 1793 Limited
Account Number: 25563009
Sort Code: 56-00-27
IBAN Number: GB 33 NWBK 560027 25563009
If paying by bank transfer, the amount received after
the deduction of any bank fees and/or conversion of
the currency of payment to pounds sterling must not
be less than the sterling amount payable, as set out
on the invoice.
Payment may also be made by one of the following
methods:
Sterling personal cheque drawn on a UK branch
of a bank or building society: all cheques must be
cleared before you can collect your purchases and
should be made payable to Bonhams 1793 Limited.
Debit cards issued in the name of the Buyer
(including China Union Pay (CUP) cards and debit
cards issued by Visa and MasterCard only). There
is no limit on payment value if payment is made in
person using Chip & Pin verification. Credit cards
issued in the name of the Buyer (including China
Union Pay (CUP) cards and credit cards issued by
Visa and MasterCard only). There is a £5,000 limit on
payment value if payment is made in person using
Chip & Pin verification.
It may be advisable to notify your debit or credit card
provider of your intended purchase in advance to
reduce delays caused by us having to seek authority
when you come to pay.
Note: only one debit or credit card may be used for
payment of an account balance. If you have any
questions with regards to card payments, please
contact our Customer Services Department.
NTB/ONLINE/V1/6.2024
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.
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.
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.
11. SHIPPING
For information and estimates on domestic and
international shipping as well as export licenses please
contact:
Alban Shipping on +44 (0) 1582 493 099
enquiries@albanshipping.co.uk
12. EXPORT/TRADE RESTRICTIONS
It is your sole responsibility to comply with all export
and import regulations relating to your purchases
and also to obtain any relevant export and/or import
licence(s). Export licences are issued by Arts Council
England and application forms can be obtained from
its Export Licensing Unit. The detailed provisions of
the export licensing arrangements can be found on
the ACE website https://www.artscouncil.org.uk/whatwe-
do/supporting-museums/cultural-property/exportcontrols/
export-licensing/ or by phoning ACE on +44
(0)20 7973 5188.
The need for 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. Generally, please contact our
shipping department before the Sale if you require
assistance in relation to export regulations.
13. CITES REGULATIONS
Please be aware that all Lots marked with the symbol
Y are subject to CITES regulations when exporting
these items outside the EU. These regulations may be
found at https://www.defra.gov.uk/ahvla-en/importsexports/
cites/ or may be requested from:
Animal Health and Veterinary Laboratories Agency
(AHVLA)
Wildlife Licensing Floor 1, Zone 17, Temple Quay
House
2 The Square, Temple Quay
BRISTOL BS1 6EB
Tel: +44 (0) 117 372 8774
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. Additionally, exclusions
and limitations of the Seller’s liability are set out at
Clause 9 of the Contract of Sale and of Bonhams’
Liability at Clause 10 of the Buyer’s Contract.
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. Please note
that Lots comprising printed Books, unframed maps
and bound manuscripts are not liable to VAT on the
Buyer’s Premium.
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. FIREARMS – PROOF, CONDITION AND
CERTIFICATION
Proof of Firearms
The term “proof exemption” indicates that a firearm
has been examined at a Proof House, but not proved,
as either (a) it was deemed of interest and not
intended for use, or (b) ammunition was not available.
In either case, the firearm must be regarded as unsafe
to fire unless subsequently proved. Firearms proved
for Black Powder should not be used with smokeless
ammunition.
The term “Certificate of Unprovability” indicates that
a firearm has been examined at a Proof House and is
deemed both unsuitable for proof and use. Reproof is
required before any such firearm is to be used.
Guns Sold as Parts
Barrels of guns sold as parts will only be made
available for sleeving and measurements once
rendered unserviceable according to the Gun Barrel
Proof Act of 1968 to 1978 and the Rules of Proof.
Condition of Firearms
Comment in this Online Sales Catalogue is restricted,
in general, to exceptional condition and to those
defects that might affect the immediate safety of a
firearm in normal use.
An intending Bidder unable to make technical
examinations and assessments is recommended
to seek advice from a gunmaker or from a modern
firearms specialist.
All prospective Bidders are advised to consult the ˚ of
bore and wall-thickness measurements posted in the
saleroom and available from the department. Bidders
should note that guns are stripped only where there
is a strong indication of a mechanical malfunction.
Stripping is not, otherwise, undertaken. Guns intended
for use should be stripped and cleaned beforehand.
Hammer guns should have their rebound mechanisms
checked before use. The safety mechanisms of all
guns must be tested before use.
All measurements are approximate.
Original Gun Specifications Derived from
Gunmakers
The Sporting Gun Department endeavours to confirm
a gun’s original specification and date of manufacture
with makers who hold their original records.
Licensing Requirements Firearms Act 1968 as
amended
Bonhams is constantly reviewing its procedures
and would remind you that, in the case of firearms
or shotguns subject to certification, to conform with
current legislation, Bonhams is required to see, as
appropriate, your original registered firearms dealer’s
certificate / shot gun certificate / firearm certificate
/ museum firearms licence / Section 5 authority or
import licence (or details of any exemption from which
you may benefit, for instance Crown servant status) for
the firearm(s) you have purchased prior to taking full
payment of the amount shown on your invoice.
Should you not already be in possession of such an
authority or exemption, you are required to pay initially
a deposit of 95% of the total invoice with the balance
of 5% payable on presentation of your valid certificate
or licence showing your authority to hold the firearm(s)
concerned.
Please be advised that if a successful Bidder is then
unable to produce the correct paperwork, the Lot(s)
will be reoffered by Bonhams in the next appropriate
Sale, on standard terms for Sellers, and you will be
responsible for any loss incurred by Bonhams on the
original Sale to you. In the case of RFD certificates
and Section 5 authorities, we wish to keep an upto-
date copy on file. Please supply us with a Fax or
photocopy. It would be helpful if you could send us an
updated copy whenever your certificate or authority is
renewed or changed.
Lots marked ‘S1´ and bearing red labels are Section 1
firearms and require a valid British Firearms certificate,
RFD Licence or import licence.
Lots marked ‘S2’ and bearing blue labels are
Section 2 firearms and require a valid British Shotgun
certificate, RFD licence or import licence.
Lots marked ‘S5´ and bearing specially marked red
labels are Section 5 prohibited firearms and require a
valid Section 5 Authority or import licence.
Lots marked with a ‘S58´ and bearing yellow labels
are for obsolete calibres and no licence is required
unless ammunition is held.
Unmarked Lots require no licence.
Please do not hesitate to contact the Modern Sporting
Gun Department should you have any queries.
Taxidermy and Related Items
On behalf of the Seller of these articles, Bonhams
undertakes to comply fully with Cites and DEFRA
regulations. Buyers are advised to inform themselves
of all such regulations and should expect the
exportation of items to take some time to arrange.
18. 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.
19. 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.
20. 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.
21. 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.
22. 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.
23. VEHICLES
The Veteran Car Club of Great Britain Dating
Plates and Certificates
When mention is made of a Veteran Car Club
Dating Plate or Dating Certificate in this Online Sales
Catalogue, it should be borne in mind that the Veteran
Car Club of Great Britain using the services of Veteran
Car Company Ltd, does from time to time, review cars
already dated and, in some instances, where fresh
evidence becomes available, the review can result in
an alteration of date. Whilst the Club and Veteran Car
Company Ltd make every effort to ensure accuracy,
the date shown on the Dating Plate or Dating
Certificate cannot be guaranteed as correct and
intending purchasers should make their own enquiries
as to the date of the car.
24. 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
NTB/ONLINE/V1/6.2024
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.
Wines in Bond
Wines lying in Bond are marked Δ. All Lots sold under
Bond, and which the Buyer wishes to remain under
Bond, will be invoiced without VAT or Duty on the
Hammer Price. If the Buyer wishes to take the Lot as
Duty paid, UK Excise Duty and VAT will be added to
the Hammer Price on the invoice. Buyers must notify
Bonhams at the time of the sale whether they wish to
take their wines under Bond or Duty paid. If a Lot is
taken under Bond, the Buyer will be responsible for all
VAT, Duty, clearance and other charges that may be
payable thereon.
Buyers outside the UK must be aware that any
forwarding agent appointed to export their purchases
must have a movement certificate for Lots to be
released under Bond.
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
25. 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
26. SYMBOLS
THE FOLLOWING SYMBOLS ARE USED TO
DENOTE:
Y This lot contains one or more regulated plant
or animal species and is subject to CITES
regulations. It is the buyer’s responsibility to
investigate such regulations and to obtain
any necessary import or export certificates.
A buyer’s inability to obtain such certificates
cannot justify a delay in payment or
cancellation of a sale.
TP Objects displayed with a TP will be located at
the Cadogan Tate warehouse and will only be
available for collection from this location.
W Objects displayed with a w will be located
in the Bonhams Warehouse and will only be
available for collection from this location.
Δ Wines lying in Bond.
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.
¡ð 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.
¡ø Bonhams owns the Lot either wholly or
partially or may otherwise have an economic
interest.
Ф This lot contains elephant ivory and is therefore
subject to both CITES regulations and the
UK Ivory Act 2018. It has been registered or
has an exemption certificate allowing it to be
offered for sale and sold under the provisions
of the Ivory Act 2018.
Property containing African elephant ivory
cannot be imported to the USA. The EU and
the UK have in place wide-ranging restrictions
on dealing with property containing elephant
ivory, including restrictions on import and/or
export. It is a buyer’s responsibility to obtain
any export or import licences, certifications
and any other required documentation,
where applicable. Bonhams is not able to
assist buyers with the shipment of any lots
containing elephant ivory into the US, the
UK or the EU. A buyer’s inability to export
or import these lots cannot justify a delay in
payment or cancellation of a sale.
The symbols used to indicate the VAT status of a Lot
are set out at paragraph 8 above.
27. 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 1793 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.
“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.
“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.
“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.
NTB/ONLINE/V1/6.2024
“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.
“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.
“Motoring Catalogue Fee”: a fee payable by the
Seller to Bonhams in consideration of the additional
work undertaken by Bonhams in respect of the
cataloguing of motor vehicles and in respect of the
promotion of Sales of motor vehicles.
“New Bond Street”: means Bonhams’ Saleroom at
101 New Bond Street, London W1S 1SR.
“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 and VAT on the Hammer Price (where
applicable), the Buyer’s Premium and VAT 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.
“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.
NTB/ONLINE/V1/6.2024
NTB/APPENDIX1/V1/11.2020
IMPORTANT: These terms may be changed in
advance of the Sale of the Lot to you, by the
setting out of different terms in the Online
Sales Catalogue for the Online Sale and/or by
placing an insert in the Online Bidding Terms
and Conditions and/or by notices on Bonhams’
website. You should be alert to this possibility
of changes and check the website in advance
of bidding if there have been any.
Under this contract the Seller’s liability in
respect of the quality of the Lot, its fitness
for any purpose and its conformity with
any Description is limited. You are strongly
advised to examine information about the Lot
and/or obtain independent advice before you
buy it.
1. THE CONTRACT
1.1 These terms and the relevant terms for
Bidders and Buyers in the Online Bidding
Terms and Conditions govern the Contract
for Sale of the Lot by the Seller to the Buyer.
1.2 The Definitions and Glossary at the end
of the Notice to Online Bidders [ insert
link to Notice] are incorporated into this
Contract for Sale and a separate copy
can also be provided by Bonhams on
request. Where words and phrases
are used which are in the List of
Definitions, they are printed in italics.
1.3 The Seller sells the Lot as the principal
to the Contract for Sale, such contract
being made between the Seller and you
through Bonhams which acts in the sole
capacity as the Seller’s agent and not as an
additional principal. However, if the Online
Sales Catalogue or other notice connected
with the Sale states that Bonhams sells
the Lot as principal, then Bonhams is the
Seller for the purposes of this agreement.
1.4 The contract is made with the Bidder
who has submitted the highest bid on
the Lot Closing, being the point at which
the period for bidding on the Lot ends.
2. SELLER’S WARRANTIES AND
UNDERTAKINGS
2.1 The Seller warrants and undertakes to you
that:
2.1.1 the Seller is the owner of the Lot or is duly
authorised to sell the Lot by the owner;
2.1.2 save as disclosed in the Entry for the Lot in
the Online Sales Catalogue, the Seller sells
the Lot with full title guarantee or, where
the Seller is an executor, trustee, liquidator,
receiver or administrator, with whatever
right, title or interest he may have in the Lot;
2.1.3 except where the sale is by an executor,
trustee, liquidator, receiver or administrator,
the Seller is both legally entitled to sell the
Lot, and legally capable of conferring on
you quiet possession of the Lot and that
the Sale conforms in every respect with
the terms implied by the Sale of Goods Act
1979, Sections 12(1) and 12(2);
2.1.4 the Seller has complied with all requirements,
legal or otherwise, relating to any export or
import of the Lot, and all duties and taxes
in respect of the export or import of the Lot
have (unless stated to the contrary in the
Online Sales Catalogue) been paid and, so
far as the Seller is aware, all third parties
have complied with such requirements in
the past;
2.1.5 that items consigned for sale by the Seller
are not connected with or derived from any
criminal activity, including without limitation
tax evasion, money laundering or terrorist
financing;
2.1.6 subject to any alterations expressly
identified as such made by notice on the
Bonhams website, the Lot corresponds
with the Contractual Description of the Lot,
being that part of the Entry about the Lot
in the Online Sales Catalogue which is in
bold letters and (except for colour) with any
photograph of the Lot in the Online Sales
Catalogue.
3. DESCRIPTIONS OF THE LOT
3.1 Paragraph 2.1.6 above sets out what
is the Contractual Description of the
Lot. In particular, the Lot is not sold as
corresponding with any part of the Entry
in the Online Sales Catalogue which is not
printed in bold letters, the remainder of
which Entry merely sets out (on the Seller’s
behalf) Bonhams’ opinion about the Lot
and which is not part of the Contractual
Description upon which the Lot is sold.
Any statement or representation other
than that part of the Entry referred
to in paragraph 2.1.6 (together with
any express alteration to it as referred
to in paragraph 2.1.6), including any
Description or Estimate, whether made
orally or in writing, including on Bonhams’
Website or otherwise, and whether by or
on behalf of the Seller or Bonhams and
whether made prior to or during the Sale,
is not part of the Contractual Description
upon which the Lot is sold.
3.2 Except as provided in paragraph 2.1.6,
the Seller does not make or give and does
not agree to make or give any contractual
promise, undertaking, obligation,
guarantee, warranty, or representation
of fact, or undertake any duty of care,
in relation to any Description of the Lot
or any Estimate in relation to it, nor of
the accuracy or completeness of any
Description or Estimate which may have
been Bonhams. No such Description or
Estimate is incorporated into this Contract
for Sale.
4. FITNESS FOR PURPOSE AND
SATISFACTORY QUALITY
4.1 The Seller does not make and does not
agree to make any contractual promise,
undertaking, obligation, guarantee,
warranty, or representation of fact in
relation to the satisfactory quality of the Lot
or its fitness for any purpose.
4.2 The Seller will not be liable for any breach
of any undertaking, whether implied by the
Sale of Goods Act 1979 or otherwise, as
to the satisfactory quality of the Lot or its
fitness for any purpose.
5. RISK, PROPERTY AND TITLE
5.1 Risk in the Lot passes to you after 5
days from the day on which Lot Closing
occurred in respect of the Lot or upon
collection of the Lot if earlier. The Seller
will not be responsible thereafter for the
Lot prior to you collecting it from Bonhams
or the Storage Contractor, with whom
you have separate contract(s) as Buyer.
You will indemnify the Seller and keep the
Seller fully indemnified from and against all
claims, proceedings, costs, expenses and
losses arising in respect of any injury, loss
and damage caused to the Lot beyond 7
days from the day of Lot Closing until you
obtain full title to it.
5.2 Title to the Lot remains in and is retained by
the Seller until: (i) the Purchase Price and
all other sums payable by you to Bonhams
in relation to the Lot have been paid in
full to and received in cleared funds by
Bonhams, and (ii) Bonhams has completed
its investigations pursuant to clause 3.11
of the Buyer’s Agreement with Bonhams
set out in Appendix 2 to the Online Bidding
Terms and Conditions.
6. PAYMENT
6.1 Your obligation to pay the Purchase Price
arises on Lot Closing when your bid is the
highest bid in respect of the Lot.
6.2 Time will be of the essence in relation to
payment of the Purchase Price and all other
sums payable by you to Bonhams. Unless
agreed in writing with you by Bonhams on
the Seller’s behalf (in which case you must
comply with the terms of that agreement),
all such sums must be paid to Bonhams by
you in the currency in which the Sale was
conducted by not later than 4.30pm on the
second working day following the Sale and
you must ensure that the funds are cleared
by the seventh working day after the Sale.
Payment must be made to Bonhams by
one of the methods stated in the Notice
to Online Bidders unless otherwise agreed
with you in writing by Bonhams. If you do
not pay in full any sums due in accordance
with this paragraph, the Seller will have the
rights set out in paragraph 8 below.
7. COLLECTION OF THE LOT
7.1 Please refer to the Online Sales Catalogue for
collection procedures for this Sale.
APPENDIX 1
BUYERS CONTRACT FOR SALE WITH SELLER
NTB/APPENDIX1/V1/11.2020
7.2 Unless otherwise agreed in writing with you
by Bonhams, the Lot will be released to you
or to your order only when: (i) Bonhams
has received cleared funds to the amount
of the full Purchase Price and all other
sums owed by you to the Seller and to
Bonhams, and (ii) Bonhams has completed
its investigations pursuant to clause 3.11
of the Buyer’s Agreement with Bonhams
set out in Appendix 2 to the Online Bidding
Terms and Conditions.
7.3 The Seller is entitled to withhold possession
from you of any other Lot he has sold to
you at the same or at any other Sale and
whether currently in Bonhams’ possession
or not, until payment in full and in cleared
funds of the Purchase Price and all other
sums due to the Seller and/or Bonhams in
respect of the Lot.
7.4 Subject to paragraph 7.2 above, you will
collect and remove the Lot at your own
expense from Bonhams’ custody and/ or
control or from the Storage Contractor’s
custody in accordance with Bonhams’
instructions or requirements.
7.5 You will be wholly responsible for
packing, handling and transport of the
Lot on collection and for complying
with all import or export regulations in
connection with the Lot.
7.6 You will be wholly responsible for any
removal, storage or other charges or
expenses incurred by the Seller if you do
not remove the Lot in accordance with
this paragraph 7 and will indemnify the
Seller against all charges, costs, including
any legal costs and fees, expenses and
losses suffered by the Seller by reason of
your failure to remove the Lot including any
charges due under any Storage Contract.
All such sums due to the Seller will be
payable on demand.
8. FAILURE TO PAY FOR THE LOT
8.1 If the Purchase Price for a Lot is not paid
to Bonhams in full in accordance with the
Contract for Sale, the Seller will be entitled,
with the prior written agreement of Bonhams
but (excepting 8.1.2 below) without further
notice to you, to exercise one or more of the
following rights (whether through Bonhams
or otherwise):
8.1.1 to terminate immediately the Contract for
Sale of the Lot for your breach of contract;
8.1.2 to sell the Lot by auction, private treaty or
any other means on giving seven days’
written notice to you of the intention to
sell;
8.1.3 to retain possession of the Lot;
8.1.4 to remove and store the Lot at your expense;
8.1.5 to take legal proceedings against you for
any sum due under the Contract for Sale
and/or damages for breach of contract;
8.1.6 to be paid interest on any monies due
(after as well as before judgement or
order) at the annual rate of 5% per
annum above the base rate of National
Westminster Bank Plc from time to time
to be calculated on a daily basis from the
date upon which such monies become
payable until the date of actual payment;
8.1.7 to repossess the Lot (or any part thereof)
which has not become your property, and
for this purpose (unless the Buyer buys the
Lot as a Consumer from the Seller selling
in the course of a Business) you hereby
grant an irrevocable licence to the Seller
by himself and to his servants or agents
to enter upon all or any of your premises
(with or without vehicles) during normal
Business hours to take possession of the
Lot or part thereof;
8.1.8 to retain possession of any other property
sold to you by the Seller at the Sale or
any other auction or by private treaty
until all sums due under the Contract for
Sale shall have been paid in full in cleared
funds; and
8.1.9 so long as such goods remain in the
possession of the Seller or Bonhams
as its bailee, to rescind the contract for
the Sale of any other goods sold to you
by the Seller at the Sale or at any other
auction or by private treaty and apply
any monies received from you in respect
of such goods in part or full satisfaction
of any amounts owed to the Seller or to
Bonhams by you.
8.2 You agree to indemnify the Seller against
all legal and other costs of enforcement,
all losses and other expenses and costs
(including any monies payable to Bonhams
in order to obtain the release of the Lot)
incurred by the Seller (whether or not
court proceedings will have been issued)
as a result of Bonhams taking steps under
this paragraph 8 on a full indemnity basis
together with interest thereon (after as well
as before judgement or order) at the rate
specified in paragraph 8.1.6 from the date
upon which the Seller becomes liable to
pay the same until payment by you.
8.3 On any sale of the Lot under paragraph
8.1.2, Bonhams will account to the Seller
for the proceeds of such sale and you
will remain liable for any shortfall from
the amount you had agreed to pay for
such Lot, and any costs and expenses
associated with such sale.
9. THE SELLER’S LIABILITY
9.1 In the event of a sale of the Lot, the Seller
will not be liable for any injury, loss or
damage caused by the Lot after the Lot
Closing in respect of the Lot.
9.2 Subject to paragraph 9.3 below, except
for breach of the express undertaking
provided in paragraph 2.1.6 above, the
Seller will not be liable for any breach
of any term that the Lot will correspond
with any Description applied to it by or on
behalf of the Seller, whether implied by
the Sale of Goods Act 1979 or otherwise.
9.3 Unless the Seller sells the Lot in the
course of a Business and the Buyer
buys it as a Consumer:
9.3.1 the Seller will not be liable (whether in
negligence, other tort, breach of contract
or statutory duty or in restitution or under
the Misrepresentation Act 1967, or in
any other way) for any lack of conformity
with, or inaccuracy, error, misdescription
or omission in any Description of the Lot
or any Entry or Estimate in relation to the
Lot made by or on behalf of the Seller
(whether made in writing, including in
the Online Sales Catalogue, or on the
Website, or orally, or by conduct or
otherwise) and whether made before or
after this agreement or prior to or during
the Sale;
9.3.2 the Seller will not be liable for any loss of
Business, Business profits or revenue
or income or for loss of reputation or
for disruption to Business or wasted
time on the part of the Buyer or of the
Buyer’s management or staff or, for
any indirect losses or consequential
damages of any kind, irrespective
in any case of the nature, volume or
source of the loss or damage alleged to
be suffered, and irrespective of whether
the said loss or damage is caused by
or claimed in respect of any negligence,
other tort, breach of contract, statutory
duty, restitutionary claim or otherwise;
9.3.3 in any circumstances where the Seller
is liable to you in respect of the Lot,
or any act, omission, statement, or
representation in respect of it, or this
agreement or its performance, and
whether in damages, for an indemnity
or contribution or for a restitutionary
remedy or in any way whatsoever, the
Seller’s liability will be limited to payment
of a sum which will not exceed by
way of maximum the amount of the
Purchase Price of the Lot irrespective
in any case of the nature, volume or
source of any loss or damage alleged to
be suffered or sum claimed as due, and
irrespective of whether the liability arises
from any negligence, other tort, breach
of contract, statutory duty, bailee’s duty,
restitutionary claim or otherwise.
9.4 Nothing set out in paragraphs 9.1 to 9.3
above will be construed as excluding or
restricting (whether directly or indirectly)
any person’s liability or excluding
or restricting any person’s rights or
remedies in respect of (i) fraud, or (ii)
death or personal injury caused by the
Seller’s negligence (or any person under
the Seller’s control or for whom the
NTB/APPENDIX1/V1/11.2020
Seller is legally responsible), or (iii) acts
or omissions for which the Seller is liable
under the Occupiers Liability Act 1957,
or (iv) any other liability to the extent the
same may not be excluded or restricted
as a matter of law.
10. EU CONSUMER CANCELLATION RIGHTS
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.
11. MISCELLANEOUS
11.1 You may not assign either the benefit or
burden of this Contract for Sale.
11.2 The Seller’s failure or delay in enforcing
or exercising any power or right under
this Contract for Sale will not operate or
be deemed to operate as a waiver of his
rights under it except to the extent of any
express waiver given to you in writing.
Any such waiver will not affect the Seller’s
ability subsequently to enforce any right
arising under this Contract for Sale.
11.3 If either party to this Contract for Sale is
prevented from performing that party’s
respective obligations under this Contract
for Sale by circumstances beyond its
reasonable control (including without
limitation, insurrection, industrial or
governmental action, warfare (declared
or undeclared) terrorism, power failure,
epidemic or natural disaster), or if
performance of its obligations would by
reason of such circumstances give rise to
a significantly increased financial cost to
it, then that party will not, for so long as
such circumstances prevail, be required to
perform such obligations. This paragraph
does not apply to the obligations imposed
on you by paragraph 6 above.
11.4 Any notice or other communication to be
given under this Contract for Sale must be
in writing and may be delivered by hand
or sent by first class post or air mail or fax
transmission, if to the Seller, addressed c/o
Bonhams at its address or fax number in
the Online Sales Catalogue (marked for the
attention of the Company Secretary), and
if to you to the address or fax number of
the Buyer given in the Bidding Form (unless
notice of any change of address is given in
writing). It is the responsibility of the sender
of the notice or communication to ensure
that it is received in a legible form within any
applicable time period.
11.5 If any term or any part of any term
of this Contract for Sale is held to
be unenforceable or invalid, such
unenforceability or invalidity will not
affect the enforceability and validity of
the remaining terms or the remainder of
the relevant term.
11.6 References in this Contract for Sale to
Bonhams will, where appropriate, include
reference to Bonhams’ officers, employees
and agents and to any subsidiary of
Bonhams Holdings Limited and to its
officers, employees and agents.
11.7 The headings used in this Contract for
Sale are for convenience only and will not
affect its interpretation.
11.8 In this Contract for Sale “including”
means “including, without limitation”.
11.9 References to the singular will include
reference to the plural (and vice versa)
and reference to any one gender will
include reference to the other genders.
11.10 Reference to a numbered paragraph is to a
paragraph of this Contract for Sale, unless
otherwise specified.
11.11 Save as expressly provided in paragraph
10.12, nothing in this Contract for Sale
confers (or purports to confer) on any
person who is not a party to this Contract
for Sale any benefit conferred by, or the
right to enforce any term of, this Contract
for Sale.
11.12 Where this Contract for Sale confers an
immunity from, and/or an exclusion or
restriction of, the responsibility and/or
liability of the Seller, it will also operate in
favour and for the benefit of Bonhams,
Bonhams’ holding company and the
subsidiaries of such holding company and
the successors and assigns of Bonhams
and of such companies and of any officer,
employee and agent of Bonhams and
such companies, each of whom will be
entitled to rely on the relevant immunity
and/or exclusion and/or restriction within
and for the purposes of Contracts (Rights
of Third Parties) Act 1999, which enables
the benefit of a contract to be extended
to a person who is not a party to the
contract, and generally at law.
12. GOVERNING LAW
All transactions to which this Contract for Sale
applies and all connected matters will be
governed by and construed in accordance with
the laws of that part of the United Kingdom
where the Sale takes place and the Seller and
you each submit to the exclusive jurisdiction of
the courts of that part of the United Kingdom,
save that the Seller may bring proceedings
against you in any other court of competent
jurisdiction to the extent permitted by the laws of
the relevant jurisdiction.
Bonhams has a complaints procedure in place.
NTB/APPENDIX2/V1/4.2022
IMPORTANT: These terms may be changed in
advance of the Sale of the Lot to you, by the
setting out of different terms in the Catalogue
for the Sale and/or by placing an insert in the
Catalogue and/or by notices at the Sale venue
and/or by oral announcements before and during
the Sale at the Sale venue. You should be alert to
this possibility of changes and ask in advance of
bidding if there have been any.
1. THE CONTRACT
1.1 These terms govern the contract between
Bonhams personally and the Buyer, being
the person to whom a Lot has been knocked
down by the Auctioneer.
1.2 The Definitions and Glossary contained in the
Notice to Online Bidders are incorporated into
this agreement and a separate copy can also
be provided by us on request. Where words
and phrases which are defined in the List of
Definitions are used in this agreement, they
are printed in italics.
1.3 Subject to the provisions of paragraph
3.11 below, the Contract for Sale of the Lot
between you and the Seller is made on the Lot
Closing in respect of the Lot when you are the
highest bidder at that point. At that moment a
separate contract is also made between you
and Bonhams on the terms in this Buyer’s
Agreement.
1.4 We act as agents for the Seller and are not
answerable or personally responsible to you
for any breach of contract or other default by
the Seller, unless Bonhams sells the Lot as
principal.
1.5 Our personal obligations to you are governed
by this agreement and we agree, subject to
the terms below, to the following obligations:
1.5.1 we will, until the date and time specified in the
Notice to Online Bidders or otherwise notified
to you, store the Lot in accordance with
paragraph 5 below;
1.5.2 subject to any power of the Seller or Bonhams
to refuse to release the Lot to you (including
pursuant to paragraph 3.11), we will release
the Lot to you in accordance with paragraph
4 once you have paid to us, in cleared funds,
everything due to us and the Seller;
1.5.3 we will provide guarantees in the terms set out
in paragraphs 9 and 10.
1.6 We do not make or give and do not agree
to make or give any contractual promise,
undertaking, obligation, guarantee, warranty,
representation of fact in relation to any
Description of the Lot or any Estimate
in relation to it, nor of the accuracy or
completeness of any Description or Estimate
which may have been made by us or on our
behalf or by or on behalf of the Seller (whether
made orally or in writing, including in the Online
Sales Catalogue or on Bonhams’ Website,
or by conduct, or otherwise), and whether
made before or after this agreement or prior
to or during the Sale. No such Description or
Estimate is incorporated into this agreement
between you and us. Any such Description
or Estimate, if made by us or on our behalf,
was (unless Bonhams itself sells the Lot as
principal) made as agent on behalf of the
Seller.
2. PERFORMANCE OF THE CONTRACT FOR
SALE
You undertake to us personally that you will
observe and comply with all your obligations
and undertakings to the Seller under the
Contract for Sale in respect of the Lot.
3. PAYMENT AND BUYER WARRANTIES
3.1 Unless agreed in writing between you and us
or as otherwise set out in the Notice to Online
Bidders, you must pay to us by not later than
4.30pm on the second working day following
the Sale:
3.1.1 the Purchase Price for the Lot;
3.1.2 a Buyer’s Premium in accordance with the
rates set out in the Notice to Bidders on each
lot, and
3.1.3 if the Lot is marked [AR], an Additional
Premium which is calculated and payable in
accordance with the Notice to Online Bidders
together with VAT on that sum if applicable, so
that all sums due to us are cleared funds by
the seventh working day after the Sale.
3.2 You must also pay us on demand any
Expenses payable pursuant to this agreement.
3.3 All payments to us must be made in the
currency in which the Sale was conducted,
using, unless otherwise agreed by us in
writing, one of the methods of payment set out
in the Notice to Online Bidders. Our invoices
will only be addressed to the registered Bidder
unless the Bidder is acting as an agent for a
named principal and we have approved that
arrangement, in which case we will address
the invoice to the principal.
3.4 Unless otherwise stated in this agreement all
sums payable to us will be subject to VAT at
the appropriate rate and VAT will be payable
by you on all such sums.
3.5 We may deduct and retain for our own benefit
from the monies paid by you to us the Buyer’s
Premium, the Commission payable by the
Seller in respect of the Lot, any Expenses and
VAT and any interest earned and/or incurred
until payment to the Seller.
3.6 Time will be of the essence in relation to any
payment payable to us. If you do not pay the
Purchase Price, or any other sum due to us
in accordance with this paragraph 3, we will
have the rights set out in paragraph 7 below.
3.7 Where a number of Lots have been knocked
down to you, any monies we receive from you
will be applied pro-rata to pay the Purchase
Price of each Lot and to pay all amounts due
to Bonhams in relation to each Lot.
3.8 You warrant that neither you nor - if you are
a company, your directors, officers or your
owner or their directors or shareholders - are
an individual or an entity that is, or is owned or
controlled by individuals or entities that are:
3.8.1 the subject of any sanctions administered
or enforced by the U.S. Department of the
Treasury’s Office of Foreign Assets Control, the
U.S. Departure of State, the United Nations
Security Council, the European Union, Her
Majesty’s Treasury, or other relevant sanctions
authority (“Sanctions” and a “Sanctioned
Party”); or
3.8.2 located, organised or resident in a country
or territory that is, or whose government is,
the subject of Sanctions, including without
limitation, Iran, North Korea, Sudan, Russia,
and Syria); and further
3.8.3 that the property you purchase will not
be transferred to or used in a country in
contravention of any Sanctions administered
or enforced by the U.S, the United Nations
Security Council, the European Union or
Her Majesty’s Treasury or any other relevant
Sanctions authority.
3.9 You warrant that the funds being used for your
purchase have no link with criminal activity
including without limitation money laundering,
tax evasion or terrorist financing, and that you
not under investigation for neither have been
charged nor convicted in connection with any
criminal activity.
3.10 Where you are acting as agent for another
party (“your Principal”), you undertake and
warrant that:
3.10.1 you have conducted suitable customer due
diligence into your Principal under applicable
Sanctions and Anti-Money Laundering laws
and regulations;
3.10.2 your Principal is not a Sanctioned Party and
not owned, partially owned or controlled by a
Sanctioned Party, and you have no reason to
suspect that your Principal has been charged
or convicted with, money laundering, terrorism
or other crimes;
3.10.3 funds used for your or your Principal’s purchase
are not connected with or derived from any
criminal activity, including without limitation tax
evasion, money laundering or terrorist financing;
3.10.4 items purchased by you and your Principal
through Bonhams are not being transferred
to or used in a country in contravention of
any Sanctions administered or enforced by
the U.S, the United Nations Security Council,
the European Union or Her Majesty’s Treasury
or any other relevant Sanctions authority, or
purchased or to be used in any way connected
with or to facilitate breaches of applicable Tax,
Anti-Money Laundering or Anti-Terrorism laws
and regulations; and
APPENDIX 2
BUYERS AGREEMENT WITH BONHAMS
NTB/APPENDIX2/V1/4.2022
3.10.5 that you consent to Bonhams relying upon
your customer due diligence, undertaking
to retain records of your due diligence for at
least 5 years and to make such due diligence
records available for inspection by an
independent auditor in the event we request
you to do so.
3.11 We reserve the rights to make enquiries
about any person transacting with us and to
identify the source of any funds received from
you. In the event we have not completed our
investigations in respect of anti-terrorism
financing, anti-money laundering or other
financial and identity checks concerning either
you or the Seller, to our satisfaction at our
discretion, we shall be entitled to retain Lots
and/or proceeds of Sale, postpone or cancel
any sale and to take any other actions required
or permitted under applicable law, without
liability to you.
4. COLLECTION OF THE LOT
4.1 Subject to any power of the Seller or us to
refuse to release the Lot to you, once you
have paid to us in cleared funds everything
due to the Seller and to us and once we have
completed our investigations under paragraph
3.11, we will release the Lot to you or as you
may direct us in writing. The Lot will only be
released on production of a buyer collection
document, obtained from our cashier’s office.
4.2 You must collect and remove the Lot at your
own expense by the date and time specified
in the Online Sales Catalogue, or if no date is
specified, by 4.30pm on the seventh day after
the Sale.
4.3 For the period referred to in paragraph 4.2,
the Lot can be collected from the address
specified in the Online Sales Catalogue
for collection on the days and times there
specified. Thereafter, the Lot may be removed
elsewhere for storage and you must enquire
from us as to when and where you can collect
it, although this information will usually be
set out in the Notice to Online Bidders or
elsewhere in the Online Sales Catalogue.
4.4 If you have not collected the Lot by the date
specified in the Online Sales Catalogue, you
authorise us, acting in this instance as your
agent and on your behalf, to enter into a
contract (the “Storage Contract”) with the
Storage Contractor for the storage of the
Lot on the then current standard terms and
conditions agreed between Bonhams and
the Storage Contractor (copies of which are
available on request). If the Lot is stored at
our premises storage fees at our current daily
rates (currently a minimum of £3 plus VAT per
Lot per day) will be payable from the expiry of
the period referred to in paragraph 4.2. These
storage fees form part of our Expenses.
4.5 Until you have paid the Purchase Price and
any Expenses in full the Lot will either be
held by us as agent on behalf of the Seller or
held by the Storage Contractor as agent on
behalf of the Seller and ourselves on the terms
contained in the Storage Contract.
4.6 You undertake to comply with the terms of
any Storage Contract and in particular to pay
the charges (and all costs of moving the Lot
into storage) due under any Storage Contract.
You acknowledge and agree that you will not
be able to collect the Lot from the Storage
Contractor’s premises until you have paid the
Purchase Price, any Expenses and all charges
due under the Storage Contract.
4.7 You will be wholly responsible for packing,
handling and transport of the Lot on collection
and for complying with all import or export
regulations in connection with the Lot.
4.8 You will be wholly responsible for any removal,
storage, or other charges for any Lot not
removed in accordance with paragraph
4.2, payable at our current rates, and any
Expenses we incur (including any charges due
under the Storage Contract), all of which must
be paid by you on demand and in any event
before any collection of the Lot by you or on
your behalf.
5. STORING THE LOT
We agree to store the Lot until the earlier of
your removal of the Lot or until the time and
date set out in the Online Sales Catalogue
(or if no date is specified, by 4.30pm on the
seventh day after the Sale) and, subject to
paragraphs 3, 6 and 10, to be responsible
as bailee to you for damage to or the loss or
destruction of the Lot (notwithstanding that
it is not your property before payment of the
Purchase Price). If you do not collect the
Lot before the time and date set out in the
Notice to Bidders (or if no date is specified, by
4.30pm on the seventh day after the Sale) we
may remove the Lot to another location, the
details of which will usually be set out in the
relevant section of the Online Sales Catalogue.
If you have not paid for the Lot in accordance
with paragraph 3, and the Lot is moved to any
third party’s premises, the Lot will be held by
such third party strictly to Bonhams’ order
and we will retain our lien over the Lot until
we have been paid in full in accordance with
paragraph 3.
6. RESPONSIBILITY FOR THE LOT
6.1 Title (ownership) in the Lot pass to you on
payment of the Purchase Price to us in full
in cleared funds, subject to and conditional
upon completion of our investigations to our
satisfaction under paragraph 3.11.
6.2 Please note that under the Contract for
Sale, the risk in the Lot passes to you after 5
days from the day upon which you were the
successful bidder in the Online Sale or upon
collection of the Lot if earlier, and you are
advised to obtain insurance in respect of the
Lot as soon as possible after the Sale.
7. FAILURE TO PAY OR TO REMOVE THE LOT
AND PART PAYMENTS
7.1 If all sums payable to us are not so paid in full
at the time they are due and/or the Lot is not
removed in accordance with this agreement,
we will without further notice to you (unless
otherwise provided below), be entitled to
exercise one or more of the following rights
(without prejudice to any rights we may
exercise on behalf of the Seller):
7.1.1 to terminate this agreement immediately for
your breach of contract;
7.1.2 to retain possession of the Lot;
7.1.3 to remove, and/or store the Lot at your
expense;
7.1.4 to take legal proceedings against you for
payment of any sums payable to us by
you (including the Purchase Price) and/or
damages for breach of contract;
7.1.5 to be paid interest on any monies due to us
(after as well as before judgement or order) at
the annual rate of 5% per annum above the
base lending rate of National Westminster
Bank Plc from time to time to be calculated
on a daily basis from the date upon which
such monies become payable until the date of
actual payment;
7.1.6 to repossess the Lot (or any part thereof)
which has not become your property, and
for this purpose (unless you buy the Lot as a
Consumer) you hereby grant an irrevocable
licence to us, by ourselves, our servants
or agents, to enter upon all or any of your
premises (with or without vehicles) during
normal business hours to take possession of
any Lot or part thereof;
7.1.7 to sell the Lot Without Reserve by auction,
private treaty or any other means on giving you
three months’ written notice of our intention to
do so;
7.1.8 to retain possession of any of your other
property in our possession for any purpose
(including, without limitation, other goods sold
to you or with us for Sale) until all sums due to
us have been paid in full;
7.1.9 to apply any monies received from you for any
purpose whether at the time of your default
or at any time thereafter in payment or part
payment of any sums due to us by you under
this agreement;
7.1.10 on three months’ written notice to sell,
Without Reserve, any of your other property
in our possession or under our control for any
purpose (including other goods sold to you or
with us for Sale) and to apply any monies due
to you as a result of such Sale in payment or
part payment of any amounts owed to us;
NTB/APPENDIX2/V1/4.2022
7.1.11 refuse to allow you to register for a future Sale
or to reject a bid from you at any future Sale or
to require you to pay a deposit before any bid
is accepted by us at any future Sale in which
case we will be entitled to apply such deposit
in payment or part payment, as the case may
be, of the Purchase Price of any Lot of which
you are the Buyer;
7.1.12 having made reasonable efforts to inform
you, to release your name and address to the
Seller, so they might take appropriate steps
to recover the amounts due and legal costs
associated with such steps.
7.2 You agree to indemnify us against all legal and
other costs, all losses and all other Expenses
(whether or not court proceedings will have
been issued) incurred by us as a result of our
taking steps under this paragraph 7 on a full
indemnity basis together with interest thereon
(after as well as before judgement or order) at
the rate specified in paragraph 7.1.5 from the
date upon which we become liable to pay the
same until payment by you.
7.3 If you pay us only part of the sums due to us
such payment shall be applied pro-rata to
the Purchase Price of the Lot (or where you
have purchased more than one Lot pro-rata
towards the Purchase Price of each Lot) and
to the Buyer’s Premium (or where you have
purchased more than one Lot pro-rata to the
Buyer’s Premium on each Lot) and secondly
to any other sums due to us.
7.4 We will account to you in respect of any
balance we hold remaining from any monies
received by us in respect of any Sale of the
Lot under our rights under this paragraph 7
after the payment of all sums due to us and/or
the Seller within 28 days of receipt by us of all
such sums paid to us.
8. CLAIMS BY OTHER PERSONS IN RESPECT OF
THE LOT
8.1 Whenever it becomes apparent to us that the
Lot is the subject of a claim by someone other
than you and other than the Seller (or that
such a claim can reasonably be expected to
be made), we may, at our absolute discretion,
deal with the Lot in any manner which appears
to us to recognise the legitimate interests of
ourselves and the other parties involved
and lawfully to protect our position and our
legitimate interests. Without prejudice to the
generality of the discretion and by way of
example, we may:
8.1.1 retain the Lot to investigate any question
raised or reasonably expected by us to be
raised in relation to the Lot; and/or
8.1.2 deliver the Lot to a person other than you;
and/or
8.1.3 commence interpleader proceedings or
seek any other order of any court, mediator,
arbitrator or government body; and/or
8.1.4 require an indemnity and/or security from
you in return for pursuing a course of action
agreed to by you.
8.2 The discretion referred to in paragraph 8.1:
8.2.1 may be exercised at any time during which
we have actual or constructive possession of
the Lot, or at any time after such possession,
where the cessation of such possession has
occurred by reason of any decision, order
or ruling of any court, mediator, arbitrator or
government body; and
8.2.2 will not be exercised unless we believe that
there exists a serious prospect of an arguable
case in favour of the claim.
9. FORGERIES
9.1 We undertake a personal responsibility for any
Forgery in accordance with the terms of this
paragraph 9.
9.2 Paragraph 9 applies only if:
9.2.1 your name appears as the named person to
whom the original invoice was made out by us
in respect of the Lot and that invoice has been
paid; and
9.2.2 you notify us in writing as soon as reasonably
practicable after you have become aware that
the Lot is or may be a Forgery, and in any
event within one year after the Sale, that the
Lot is a Forgery; and
9.2.3 within one month after such notification has
been given, you return the Lot to us in the
same condition as it was at the time of the
Sale, accompanied by written evidence that
the Lot is a Forgery and details of the Sale and
Lot number sufficient to identify the Lot.
9.3 Paragraph 9 will not apply in respect of a
Forgery if:
9.3.1 the Entry in relation to the Lot contained in
the Online Sales Catalogue reflected the then
accepted general opinion of scholars and
experts or fairly indicated that there was a
conflict of such opinion or reflected the then
current opinion of an expert acknowledged to
be a leading expert in the relevant field; or
9.3.2 it can be established that the Lot is a Forgery
only by means of a process not generally
accepted for use until after the date on which
the Online Sales Catalogue was published
or by means of a process which it was
unreasonable in all the circumstances for us to
have employed.
9.4 You authorise us to carry out such processes
and tests on the Lot as we in our absolute
discretion consider necessary to satisfy
ourselves that the Lot is or is not a Forgery.
9.5 If we are satisfied that a Lot is a Forgery we will
(as principal) purchase the Lot from you and
you will transfer the title to the Lot in question
to us, with full title guarantee, free from any
liens, charges, encumbrances and adverse
claims, in accordance with the provisions of
Sections 12(1) and 12(2) of the Sale of Goods
Act 1979 and we will pay to you an amount
equal to the sum of the Purchase Price,
Buyer’s Premium, VAT and Expenses paid by
you in respect of the Lot.
9.6 The benefit of paragraph 9 is personal to, and
incapable of assignment by, you.
9.7 If you sell or otherwise dispose of your interest
in the Lot, all rights and benefits under this
paragraph will cease.
9.8 Paragraph 9 does not apply to a Lot made up
of or including a Chinese painting or Chinese
paintings, a motor vehicle or motor vehicles, a
Stamp or Stamps or a Book or Books.
10. OUR LIABILITY
10.1 We will not be liable whether in negligence,
other tort, breach of contract or statutory duty
or in restitution or under the Misrepresentation
Act 1967 or in any other way for lack of
conformity with or any inaccuracy, error,
misdescription or omission in any Description
of the Lot or any Entry or Estimate in respect
of it, made by us or on our behalf or by or on
behalf of the Seller (whether made in writing,
including in the Online Sales Catalogue, or
on our Website, or orally, or by conduct or
otherwise) and whether made before or after
this agreement or prior to or during the Sale.
10.2 Our duty to you while the Lot is at your risk
and/or your property and in our custody and/
or control is to exercise reasonable care in
relation to it, but we will not be responsible
for damage to the Lot or to other persons or
things caused by:
10.2.1 handling the Lot if it was affected at the time
of Sale to you by woodworm and any damage
is caused as a result of it being affected by
woodworm; or
10.2.2 changes in atmospheric pressure; nor will we
be liable for:
10.2.3 damage to tension stringed musical
instruments; or
10.2.4 damage to gilded picture frames, plaster
picture frames or picture frame glass; and if
the Lot is or becomes dangerous, we may
dispose of it without notice to you in advance
in any manner we think fit and we will be under
no liability to you for doing so.
10.3 We will not be liable to you for any loss
of Business, Business profits, revenue or
income or for loss of Business reputation or
for disruption to Business or wasted time
on the part of the Buyer’s management
or staff or, if you are buying the Lot in the
course of a Business, for any indirect losses
or consequential damages of any kind,
irrespective in any case of the nature, volume
or source of the loss or damage alleged to be
suffered, and irrespective of whether the said
loss or damage is caused by or claimed in
respect of any negligence, other tort, breach
of contract, statutory duty, bailee’s duty, a
restitutionary claim or otherwise.
10.4 Unless you buy the Lot as a Consumer, in
any circumstances where we are liable to
you in respect of a Lot, or any act, omission,
statement, representation in respect of it,
or this agreement or its performance, and
whether in damages, for an indemnity or
contribution or for a restitutionary remedy
or in any way whatsoever, our liability will be
limited to payment of a sum which will not
exceed by way of maximum the amount of
the Purchase Price of the Lot plus Buyer’s
Premium (less any sum you may be entitled
to recover from the Seller) irrespective in any
case of the nature, volume or source of any
loss or damage alleged to be suffered or sum
claimed as due, and irrespective of whether
the liability arises from negligence, other tort,
breach of contract, statutory duty, bailee’s
duty, a restitutionary claim or otherwise.
You may wish to protect yourself against loss
by obtaining insurance.
10.5 Nothing set out above will be construed as
excluding or restricting (whether directly or
indirectly) any person’s liability or excluding
or restricting any person’s rights or remedies
in respect of (i) fraud, or (ii) death or personal
injury caused by our negligence (or any person
under our control or for whom we are legally
responsible), or (iii) acts or omissions for which
we are liable under the Occupiers Liability Act
1957, or (iv) any other liability to the extent the
same may not be excluded or restricted as a
matter of law, or (v) under our undertaking in
paragraph 9 of these conditions.
11. BOOKS MISSING TEXT OR ILLUSTRATIONS
11.1 Where the Lot is made up wholly of a Book
or Books and any Book does not contain
text or illustrations (in either case referred to
as a “non-conforming Lot”), we undertake
a personal responsibility for such a nonconforming
Lot in accordance with the terms
of this paragraph, if:
11.1.1 the original invoice was made out by us to you
in respect of the Lot and that invoice has been
paid; and
11.1.2 you notify us in writing as soon as reasonably
practicable after you have become aware that
the Lot is or may be a non-conforming Lot,
and in any event within 20 days after the Sale
(or such longer period as we may agree in
writing) that the Lot is a non-conforming Lot;
and
11.1.3 within 20 days of the date of the relevant Sale
(or such longer period as we may agree in
writing) you return the Lot to us in the same
condition as it was at the time of the Sale,
accompanied by written evidence that the
Lot is a non-conforming Lot and details of the
Sale and Lot number sufficient to identify the
Lot,
but not if:
11.1.4 the Entry in the Catalogue in respect of the
Lot indicates that the rights given by this
paragraph do not apply to it; or
11.1.5 the Entry in the Catalogue in respect of the Lot
reflected the then accepted general opinion of
scholars and experts or fairly indicated that
there was a conflict of such opinion; or
11.1.6 it can be established that the Lot is a nonconforming
Lot only by means of a process
not generally accepted for use until after the
date on which the Catalogue was published
or by means of a process which it was
unreasonable in all the circumstances for us
to have employed; or
11.1.7 the Lot comprises atlases, maps, autographs,
manuscripts, extra illustrated books, music or
periodical publications; or
11.1.8 the Lot was listed in the Catalogue under
“collections” or “collections and various”
or the Lot was stated in the Catalogue to
comprise or contain a collection, issue or
Books which are undescribed or the missing
text or illustrations are referred to or the
relevant parts of the Book contain blanks, half
titles or advertisements.
11.2 If we are reasonably satisfied that a Lot is a
non- conforming Lot, we will (as principal)
purchase the Lot from you and you will
transfer the title to the Lot in question to us,
with full title guarantee, free from any liens,
charges, encumbrances and adverse claims
and we will pay to you an amount equal to
the sum of the Purchase Price and Buyer’s
Premium paid by you in respect of the Lot.
11.3 The benefit of paragraph 11 is personal to,
and incapable of assignment by, you and if
you sell or otherwise dispose of your interest
in the Lot, all rights and benefits under this
paragraph will cease.
12. EU CONSUMER CANCELLATION RIGHTS
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 concerning any post
sale services such as shipping provided by Bonhams.
13. MISCELLANEOUS
13.1 You may not assign either the benefit or
burden of this agreement.
13.2 Our failure or delay in enforcing or exercising
any power or right under this agreement will
not operate or be deemed to operate as
a waiver of our rights under it except to the
extent of any express waiver given to you
in writing. Any such waiver will not affect
our ability subsequently to enforce any right
arising under this agreement.
13.3 If either party to this agreement is prevented
from performing that party’s respective
obligations under this agreement by
circumstances beyond its reasonable control
or if performance of its obligations would
by reason of such circumstances give rise
to a significantly increased financial cost
to it, that party will not, for so long as such
circumstances prevail, be required to perform
such obligations. This paragraph does not
apply to the obligations imposed on you by
paragraph 3.
13.4 Any notice or other communication to be
given under this agreement must be in writing
and may be delivered by hand or sent by
first class post or air mail or fax transmission
(if to Bonhams marked for the attention of
the Company Secretary), to the address
or fax number of the relevant party given
in the Contract Form (unless notice of any
change of address is given in writing). It is
the responsibility of the sender of the notice
or communication to ensure that it is received
in a legible form within any applicable time
period.
13.5 If any term or any part of any term of this
agreement is held to be unenforceable or
invalid, such unenforceability or invalidity will
not affect the enforceability and validity of
the remaining terms or the remainder of the
relevant term.
13.6 References in this agreement to Bonhams
will, where appropriate, include reference to
Bonhams’ officers, employees and agents.
13.7 The headings used in this agreement are
for convenience only and will not affect its
interpretation.
13.8 In this agreement “including” means
“including, without limitation”.
13.9 References to the singular will include
reference to the plural (and vice versa) and
reference to any one gender will include
reference to the other genders.
13.10 Reference to a numbered paragraph is to
a paragraph of this agreement, Unless
otherwise specified.
13.11 Save as expressly provided in paragraph
13.12 nothing in this agreement confers (or
purports to confer) on any person who is not a
party to this agreement any benefit conferred
by, or the right to enforce any term of, this
agreement.
13.12 Where this agreement confers an immunity
from, and/or an exclusion or restriction of,
the responsibility and/or liability of Bonhams,
it will also operate in favour and for the benefit
of Bonhams’ holding company and the
subsidiaries of such holding company and the
successors and assigns of Bonhams and of
such companies and of any officer, employee
and agent of Bonhams and such companies,
each of whom will be entitled to rely on the
relevant immunity and/or exclusion and/
or restriction within and for the purposes of
Contracts (Rights of Third Parties) Act 1999,
which enables the benefit of a contract to be
extended to a person who is not a party to the
contract, and generally at law.
14. GOVERNING LAW
All transactions to which this agreement applies and all
connected matters will be governed by and construed
in accordance with the laws of that part of the United
Kingdom where the Sale takes (or is to take) place and
we and you each submit to the exclusive jurisdiction of
the courts of that part of the United Kingdom, save that
we may bring proceedings against you in any other
court of competent jurisdiction to the extent permitted
by the laws of the relevant jurisdiction. Bonhams has a
complaints procedure in place.