FINE CHINESE PAINTINGS | 168
HK/NTB/MAIN/9.2024
or sent by registered 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.
11.5 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 afect the enforceability and validity of the remaining
terms or the remainder of the relevant term.
11.6 References in this agreement to Bonhams will, where
appropriate, include reference to Bonhams» ofcers, employees
and agents.
11.7 The headings used in this agreement are for convenience only
and will not afect its interpretation.
11.8 In this agreement “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
agreement.
11.11 Save as expressly provided in paragraph 11.12 nothing in this
agreement confers (or purports to confer) on any person who
is not a party to this agreement any beneft conferred by, or the
right to enforce any term of, this agreement.
11.12 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 beneft 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 ofcer, employee and agent of
Bonhams and such companies, each of whom will be entitled to
avail itself of the same relevant right at law.
.O=ERNIN. LA>
12.1 LH^
All transactions to which this agreement applies and all
connected matters will be governed by and construed in
accordance with the laws of Hong Kong. Bonhams has a
disputes procedure in place.
12.2 Language
The Buyer’s Agreement is published in both Chinese and
English. If there is any dispute in its interpretation, the English
version will prevail.
+ATA 7ROTECTION USE O- YOUR IN-OR4ATION
As a result of the services provided by us, we obtain personal data
about you (which expression for the purposes of this paragraph only
includes your employees and ofcers, if relevant). @ou agree to our use
of it as follows.
We may use your data to notify you about changes to our services
and to provide you with information about products or services that
you request from us or which we feel may be of interest to you. Data
about you may be analysed to identify your potential preferences for
these purposes. We may disclose your data to any member of our
group (which means our subsidiaries, our ultimate holding company
and its subsidiaries as defned in section ffi and schedule ffl of the
Companies Act 2006, including any overseas subsidiary). Subject to
this, we will not disclose your data to any third party but we may from
time to time provide you with information about goods and services
provided by third parties which we feel may be of interest to you. Any
member of our group may use your data for similar purposes.
We will keep your data for a period of fve years from the date of your
last contact with us so as to simplify any future registration. The data
may be transferred to and stored outside Hong Kong and you agree to
this transfer.
You have the right to request us not to use your information for these
purposes by contacting Bonhams (Hong Kong) Limited at Montpelier
Galleries, Montpelier Street, London, SW7 1HH, United Kingdom (which
for the purpose of the Personal Data (Privacy) Ordinance (Chapter
486 of the Laws of Hong Kong) is the data user) or by e-mail at client.
services@ bonhams.com.
A77EN+I?
+E-INITIONS HUK .LOSSARY
Where these Defnitions and .lossary are incorporated, the following
words and phrases used have (unless the context otherwise requires)
the meanings given to them below. The Glossary is to assist you to
understand words and phrases which have a specifc legal meaning
with which you may not be familiar.
LIST O- +E-INITIONS
¸AKKP[PVUHS 7YLTP\\T¹ 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).
¸A\\J[PVULLY¹ the representative of Bonhams conducting the Sale.
¸BPKKLY¹ a person who has completed a Bidding Form.
¸BPKKPUN -VYT¹ our Bidder Registration Form, our Absentee and
Telephone Bidding Form.
¸BVUOHTZ¹ Bonhams (Hong Kong) Limited or its successors or
assigns. Bonhams is also referred to in the Buyer’s Agreement, the
Conditions of Business and the Notice to Bidders by the words “we”,
“us” and “our”.
¸BVVR¹ a printed book ofered for sale at a specialist book sale.
¸B\\ZPULZZ¹ includes any trade, business and profession.
¸B\\`LY¹ the person to whom a Lot is knocked down by the
Auctioneer. The Buyer is also referred to in the Contract of Sale and
the Buyer’s Agreement by the words “you” and “your”.
¸B\\`LY»Z ANYLLTLU[¹ the contract entered into by Bonhams with
the Buyer (see Appendix 2 in the Catalogue).
¸B\\`LY»Z 7YLTP\\T¹ the sum calculated on the Hammer Price at the
rates stated in the Notice to Bidders.
¸CH[HSVN\\L¹ the catalogue relating to the relevant Sale, including
any representation of the catalogue published on our Website.
¸CVTTPZZPVU¹ the commission payable by the Seller to Bonhams
calculated at the rates stated in the Contract Form.
¸CVUKP[PVU RLWVY[¹ a report on the physical condition of a Lot
provided to a Bidder or potential Bidder by Bonhams on behalf of the
Seller.
¸CVUZPNUTLU[ -LL¹ a fee payable to Bonhams by the Seller
calculated at rates set out in the Conditions of Business.
¸CVU[YHJ[ -VYT¹ the contract form, or vehicle entry form, as
applicable, signed by or on behalf of the Seller listing the Lots to be
ofered for sale by Bonhams.
¸CVU[YHJ[ MVY SHSL¹ the sale contract entered into by the Seller with
the Buyer (see Appendix 1 in the Catalogue).
¸CVU[YHJ[\\HS +LZJYPW[PVU¹ the only description of the Lot (being
that part of the Entry about the Lot in the Catalogue which is in bold
letters, any photograph (except for the colour) and the contents of
any Condition Report) to which the Seller undertakes in the Contract
of Sale the Lot corresponds.
¸+LZJYPW[PVU¹ 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).
¸EU[Y`¹ 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.
¸EZ[PTH[L¹ a statement of our opinion of the range within which the
hammer is likely to fall.
¸E_WLUZLZ¹ 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 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 or costs of collection from the
Seller as the Seller’s agents or from a defaulting Buyer, plus Tax.
¸-VYNLY`¹ 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
modifcation work (including repainting or over painting) having been
carried out on the 3ot, where that damage, restoration or modifcation
work (as the case may be) does not substantially afect the identity of
the Lot as one conforming to the description of the Lot.
¸.\\HYHU[LL¹ 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.
¸HHTTLY 7YPJL¹ the price in the currency in which the Sale is
conducted at which a Lot is knocked down by the Auctioneer.
¸HVUN 2VUN¹ the Hong Kong Special Administrative Region of the
People’s Republic of China.
¸LVZZ HUK +HTHNL >HYYHU[`¹ means the warranty described in
paragraph 8.2.1 of the Conditions of Business.
¸LVZZ HUK +HTHNL >HYYHU[` -LL¹ means the fee described in
paragraph 8.2.3 of the Conditions of Business.
¸LV[¹ any item consigned to Bonhams with a view to its sale at
auction or by private treaty (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 ofered for sale as one
lot).
¸4V[VYPUN CH[HSVN\\L -LL¹ 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.
¸NL^ BVUK S[YLL[¹ means Bonhams’ saleroom at 101 New Bond
Street, London W1S 1SR.
¸NV[PVUHS COHYNLZ¹ the amount of Commission and Tax which
would have been payable if the Lot had been sold at the Notional
Price.
¸NV[PVUHS -LL¹ the sum on which the Consignment Fee payable to
Bonhams by the Seller is based and which is calculated according to
the formula set out in the Conditions of Business.
¸NV[PVUHS 7YPJL¹ the latest in time of the average of the high and
low estimates given by us to you or stated in the Catalogue or, if no
such estimates have been given or stated, the Reserve applicable to
the Lot.
¸NV[PJL [V BPKKLYZ¹ the notice printed at the front of our
Catalogues.
¸7\\YJOHZL 7YPJL¹ the aggregate of the Hammer Price and Tax
on the Hammer Price. (where applicable) the Buyer’s Premium
and VAT on the Buyer’s Premium and any Expenses.
¸RLZLY]L¹ the minimum price at which a Lot may be sold (whether
at auction or by private treaty).
¸SHSL¹ the auction sale at which a 3ot is to be ofered for sale by
Bonhams.
¸SHSL 7YVJLLKZ¹ the net amount due to the Seller from the sale
of a Lot, being the Hammer Price less the Commission, any Tax
chargeable thereon, Expenses and any other amount due to us in
whatever capacity and howsoever arising.
¸SLSSLY¹ the person who ofers the 3ot for sale named on the
*ontract -orm. Where the person so named identifes on the form
another person as acting as his agent, or where the person named
on the Contract Form acts as an agent for a principal (whether such
agency is disclosed to Bonhams or not), “Seller” includes both the
agent and the principal who shall be jointly and severally liable as
such. The Seller is also referred to in the Conditions of Business by
the words “you” and “your”.
¸SWLJPHSPZ[ E_HTPUH[PVU¹ a visual examination of a Lot by a
specialist on the Lot.
¸S[HTW¹ means a postage stamp ofered for sale at a Specialist
Stamp sale.
¸S[HUKHYK E_HTPUH[PVU¹ a visual examination of a Lot by a nonspecialist member of Bonhams» staf.
¸S[VYHNL CVU[YHJ[¹ means the contract described in paragraph
8.3.3 of the Conditions of Business or paragraph 4.4 of the Buyer’s
Agreement (as appropriate).
¸S[VYHNL CVU[YHJ[VY¹ means the company identifed as such in the
Catalogue.
“TH_” means all taxes, charges, duties, imposts, fees, levies or other
assessments, and all estimated payments thereof, including without
limitation income, business profts, branch profts, e_cise, property,
sales, use, value added (VAT), environmental, franchise, customs,
import, payroll, transfer, gross receipts, withholding, social security,
unemployment taxes, as well as stamp duties and other costs,
imposed by the Hong Kong government applicable from time to time
and any interest and penalty relating to such taxes, charges, fees,
levies or other assessments.
¸TLYYVYPZT¹ 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 infuence any government and/or put the public or any
section of the public into fear.
¸TY\\Z[ AJJV\\U[¹ the bank account of Bonhams into which all relevant
sums received in respect of the Purchase Price of any Lot will be paid,
such account to be a distinct and separate account to Bonhams’
normal business bank account.
¸>LIZP[L¹ Bonhams website at www.bonhams.com.
¸>P[OKYH^HS NV[PJL¹ the Seller’s written notice to Bonhams
revoking Bonhams’ instructions to sell a Lot.
¸>P[OV\\[ RLZLY]L¹ where there is no minimum price at which a Lot
may be sold (whether at auction or by private treaty).
GLOSSARY
The following e_pressions have specifc 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:-
¸HY[PZ[»Z YLZHSL YPNO[¹: 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.
¸IHPSLL¹! a person to whom goods are entrusted.
¸PUKLTUP[`¹! an obligation to put the person who has the beneft
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.
¸PU[LYWSLHKLY WYVJLLKPUNZ¹! proceedings in the Courts to
determine ownership or rights over a Lot.
¸RUVJRLK KV^U¹! when a Lot is sold to a Bidder, indicated by the
fall of the hammer at the Sale.
¸SPLU¹! a right for the person who has possession of the Lot to retain
possession of it.
¸YPZR¹! the possibility that a Lot may be lost, damaged, destroyed,
stolen, or deteriorate in condition or value.
¸[P[SL¹! the legal and equitable right to the ownership of a Lot.
¸[VY[¹! a legal wrong done to someone to whom the wrong doer has
a duty of care.
SALE O- .OO+S OR+INANCE COHW[LY ffl VM [OL LH^Z VM
HVUN 2VUN
The following is an extract from the Sale of Goods Ordinance (Chapter
26 of the Laws of Hong Kong):
“Section 14 ITWSPLK \\UKLY[HRPUN HZ [V [P[SL L[J
(1) In every contract of sale, other than one to which subsection
(2) applies, there is-
(a) an implied condition on the part of the seller that in the
case of the sale, he has a right to sell the goods, and in the
case of an agreement to sell, he will have a right to sell the
goods at the time when the property is to pass; and
(b) an implied warranty that the goods are free, and will remain
free until the time when the property is to pass, from any
charge or encumbrance not disclosed or known to the buyer
before the contract is made and that the buyer will enjoy quiet
possession of the goods except so far as it may be disturbed
by the owner or other person entitled to the beneft of any
charge or encumbrance so disclosed or known.
(2) In a contract of sale, in the case of which there appears from
the contract or is to be inferred from the circumstances of
the contract an intention that the seller should transfer only
such title as he or a third person may have, there is-
(a) an implied warranty that all charges or encumbrances
known to the seller and not known to the buyer have been
disclosed to the buyer before the contract is made; and
(b) an implied warranty that neither-
(i) the seller; nor
(ii) in a case where the parties to the contract intend that
the seller should transfer only such title as a third person
may have, that person; nor
(iii) anyone claiming through or under the seller or
that third person otherwise than under a charge or
encumbrance disclosed or known to the buyer before the
contract is made, will disturb the buyer’s quiet possession
of the goods.
