HK/NTB/WINE/9.22
NOTICE TO BIDDERS
This notice is addressed by Bonhams to any person who may be
interested in a Lot, including Bidders and potential Bidders (including
any eventual Buyer of the Lot). For ease of reference we refer to such
persons as “Bidders” or “you”.
Our List of Definitions and Glossary is incorporated into this Notice
to Bidders. It is at Appendix 3 at the back of the Catalogue. Where
words and phrases are used in this notice which are in the List of
Definitions, they are printed in italics.
IMPORTANT: Additional information applicable to the Sale may be set
out in the Catalogue for the Sale, in an insert in the Catalogue and/or
in a notice displayed at the Sale venue and you should read them as
well. Announcements affecting the Sale may also be given out orally
before and during the Sale without prior written notice. You should
be alert to this possibility of changes and ask in advance of bidding if
there have been any.
1. OUR ROLE
In its role as auctioneer of Lots, Bonhams acts solely for and in
the interests of the Seller. Bonhams’ job 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. When it or its staff make statements about a
Lot or, if Bonhams provides a Condition Report on a Lot it is doing
that on behalf of the Seller of the Lot. Bidders and Buyers who are
themselves not expert in the Lots are strongly advised to seek and
obtain independent advice on the Lots and their value before bidding
for them.
The Seller has authorised Bonhams to sell the Lot as its agent on its
behalf and, save where we expressly make it clear to the contrary,
Bonhams acts only as agent for the Seller. Any statement or
representation we make in respect of a Lot is made on the Seller’s
behalf and, unless Bonhams sells a Lot as principal, not on our behalf
and any Contract for Sale is between the Buyer and the Seller and not
with us. If Bonhams sells a Lot as principal this will either be stated in
the Catalogue or an announcement to that effect will be made by the
Auctioneer, or it will be stated in a notice at the Sale or an insert in the
Catalogue.
Bonhams does not owe or undertake or agree to any duty or
responsibility to you in contract or tort (whether direct, collateral,
express, implied or otherwise). If you successfully bid for a Lot and
buy it, at that stage Bonhams does enter into an agreement with
the Buyer. The terms of that contract are set out in our Buyer’s
Agreement save for those varied by announcement given out orally
before and/or during the Sale, which you will find at Appendix 2 at the
back of the Catalogue. This will govern Bonhams’ relationship with the
Buyer.
2. LOTS
Subject to the Contractual Description printed in bold letters in the
Entry about the Lot in the Catalogue (see paragraph 3 below), Lots are
sold to the Buyer on an “as is” basis, with all faults and imperfections.
No reference is made in the Catelogue to any defect, damage or
restoration of the Lot. Please see paragraph 15.
Illustrations and photographs contained in the Catalogue (other than
photographs forming part of the Contractual Description) or elsewhere
of any Lots are for identification purposes only. They may not reveal
the true condition of the Lot. A photograph or illustration may not
reflect an accurate reproduction of the colour(s) of the Lot.
Lots are available for inspection prior to the Sale and 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). It is your responsibility to examine any 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
authentic or 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.
Electronic or mechanical parts may not operate or may not comply
with current statutory requirements. You should 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.
If you yourself do not have expertise regarding a Lot, you should
consult someone who does to advise you. We can assist in arranging
facilities for you to carry out or have carried out more detailed
inspections and tests. Please ask our staff for details.
Any person who damages a Lot will be held liable for the loss caused.
3. DESCRIPTIONS OF LOTS AND ESTIMATES
Contractual Description of a Lot
The 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 letters and (except for the
colour, which may be inaccurately reproduced) with any photograph
of the Lot in the Catalogue. The remainder of the Entry, which is not
printed in bold 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.
Estimates
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 Tax or Buyer’s Premium payable. Lots can in fact sell for Hammer
Prices below and above the Estimate. Any Estimate 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 ask for a Condition Report on its
physical condition from Bonhams. If you do so, this will be provided
by Bonhams on behalf of the Seller free of 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. Nor
does the Seller owe or agree to owe you as a Bidder any obligation
or duty in respect of this free report about a Lot which is available
for your own inspection or for inspection by an expert instructed by
you. However, any written description of the physical condition of the
Lot contained in a Condition Report will form part of the Contractual
Description of the Lot under which it is sold to any Buyer.
The Seller’s responsibility to you
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 as set out above), 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 set out
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.
Bonhams’ responsibility to you
You have the opportunity of examining the Lot if you want to and 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 you 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.
You 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.
Alterations
Descriptions and Estimates may be amended at Bonhams’ discretion
from time to time by notice given orally or in writing before or during a
Sale.
THE LOT IS AVAILABLE FOR INSPECTION AND YOU MUST FORM
YOUR OWN OPINION IN RELATION TO IT. YOU ARE STRONGLY
ADVISED TO EXAMINE ANY LOT OR HAVE IT EXAMINED ON YOUR
BEHALF BEFORE THE SALE.
4. CONDUCT OF THE SALE
Our Sales are public auctions which persons may attend and you
should take the opportunity to do so.
We do reserve the right at our sole discretion to refuse admission
to our premises or to any Sale without stating a reason. We have
complete discretion as to whether the Sale proceeds, whether any Lot
is included in the Sale, the manner in which the Sale is conducted and
we may offer Lots for sale in any order we choose notwithstanding
the numbers given to Lots in the Catalogue. You should therefore
check the date and starting time of the Sale, whether there have been
any withdrawals or late entries. Remember that withdrawals and late
entries may affect the time at which a Lot you are interested in is put
up for Sale.
We have complete discretion to refuse any bid, to nominate any
bidding increment we consider appropriate, to divide any Lot, to
combine two or more Lots, to withdraw any Lot from a Sale and,
before the Sale has been closed, to put up any Lot for auction again.
Auction speeds can exceed 100 Lots to the hour and bidding
increments are generally about 10%. However these do vary from
Sale to Sale and from Auctioneer to Auctioneer. Please check with the
department organising the Sale for advice on this.
Where a Reserve has been applied to a Lot, the Auctioneer may, in
his absolute discretion, place bids (up to an amount not equalling
or exceeding such Reserve) on behalf of the Seller. We are not
responsible to you in respect of the presence or absence of any
Reserve in respect of any Lot.
If there is a Reserve it will normally be no higher than the lower figure
for any Estimate in the Catalogue, assuming that the currency of
the Reserve has not fluctuated adversely against the currency of the
Estimate.
The Buyer will be the Bidder who makes the highest bid acceptable
to the Auctioneer for any Lot (subject to any applicable Reserve) to
whom the Lot is knocked down by the Auctioneer at the striking of the
Auctioneer’s hammer. Any dispute as to the highest acceptable bid
will be settled by the Auctioneer in his absolute discretion.
All bids tendered will relate to the actual Lot number announced by the
Auctioneer.
An electronic currency converter may be used at the Sale. This
equipment is provided as a general guide as to the equivalent
amount in certain currencies of a given bid. We do not accept any
responsibility for any errors which may occur in the use of the currency
converter.
We hereby give you notice that we may use video cameras to record
the Sale and may record telephone calls for reasons of security and to
assist in solving any disputes which may arise in relation to bids made
at the Sale.
At some Sales, for example, jewellery Sales, we may use screens on
which images of the Lots will be projected. This service is provided to
assist viewing at the Sale. The image on the screen should be treated
as an indication only of the current Lot. It should be noted that all
bids tendered will relate to the actual Lot number announced by the
Auctioneer. We do not accept any responsibility for any errors which
may occur in the use of the screen.
5. BIDDING
You must complete and deliver to us one of our Bidding Forms, either
our Bidder Registration Form, Absentee Bidding Form or Telephone
Bidding Form in order to bid at our Sales.
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 two
working days before the Sale at which you wish to bid. 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.
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. We also 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.
Bidding in person
So long as you have pre-registered to bid or have updated your
existing registration recently, you should come to our Bidder
registration desk at the Sale venue and fill out a Registration and
Bidding Form on (or, if possible, before) the day of the Sale. The
bidding number system is sometimes referred to as “paddle bidding”.
You will be issued with a large card (a “paddle”) with a printed number
on it. This will be attributed to you for the purposes of the Sale. Should
you be a successful Bidder you will need to ensure that your number
can be clearly seen by the Auctioneer and that it is your number which
is identified as the Buyer’s. You should not let anyone else use your
paddle as all Lots will be invoiced to the name and address given on
your Bidder Registration Form. Once an invoice is issued it will not be
changed. If there is any doubt as to the Hammer Price of, or whether
you are the successful Bidder of, a particular Lot, you must draw this
to the attention of the Auctioneer before the next Lot is offered for
Sale. At the end of the Sale, or when you have finished bidding please
return your paddle to the Bidder registration desk.
Bidding by telephone
If you wish to bid at the Sale by telephone, and have pre-registered to
bid or have updated your existing registration details recently, please
complete a Registration and Bidding Form, which is available from our
offices or in the Catalogue. Please then return it to the office
responsible for the Sale at least 24 hours in advance of the Sale. It is
your responsibility to check with our Bids Office that your bid has been
received. Telephone calls will be recorded. The telephone bidding
facility is a discretionary service offered at no additional charge and
may not be available in relation to all Lots. We will not be responsible
for bidding on your behalf if you are unavailable at the time of the Sale
or if the telephone connection is interrupted during bidding. Please
contact us for further details.
Bidding by post or fax
Absentee Bidding Forms can be found in the back of this Catalogue
and should be completed and sent to the office responsible for the
Sale, once you have pre-registered to bid or have updated your
existing registration details recently. It is in your interests to return your
form as soon as possible, as if two or more Bidders submit identical
bids for a Lot, the first bid received takes preference. In any event, all
bids should be received at least 24 hours before the start of the Sale.
Please check your Absentee Bidding Form carefully before returning it
to us, fully completed and signed by you. It is your responsibility to
check with our Bids Office that your bid has been received. This
additional service is complimentary and is confidential. Such bids are
made at your own risk and we cannot accept liability for our failure to
receive and/or place any such bids. All bids made on your behalf will
be made at the lowest level possible subject to Reserves and other
bids made for the Lot. Where appropriate your bids will be rounded
down to the nearest amount consistent with the Auctioneer’s bidding
increments. New Bidders must also provide proof of identity and
address when submitting bids. Failure to do this will result in your bid
not being placed.
Bidding via the internet
In order to bid online in a 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 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
