Christie's - British and Irish Traditionalist and Modernist Paintings and Watercolours [antikvár]

CONDITIONS OF BUSINESS. . . These Conditions of Business represent the terms upon which Christie's, the fine art auctioneers, contracts with Seller%acting, ini its capacity as agent on behalf of Sellers, contracts with Buyers. These Conditions of Business shall supersede and take precedence over any Conditions of Business previously entered into or otherwise agreed between Christie's and the Seller. Buyers and Sellers are advised to read carefully the Conditions of Business and the explanation of cataloguing practice setout belovv'which contain the terms on which Christie's conducts sales and handlés other related matters. Conditions A 1 to 12 inclusive and the explanation ot cataloguing nractice, where applicable, are of particular relevance to Buyers and Conditions B 1 to 13 inclusive to Sellers. Detinitions or words and pnrases with special meanings appear in Condition C8. A.THE BUYER 1.Christie's as agent Save as otherwise appears, Christie's acts only as agent for the Seller. 2.The Buyer (a)The Buyer shall be the highest bidder acceptable to Christie's and Christie's shall have absolute discretion to settle any dispute; (b)every bidder shall be deemed to act as principal unless Christie's has, before the date of the auction, acknowledged in wnting that the bidder is acting as agent on behalf of a disclosed principal; (c)every bidder shall, if required by Christie's, complete and sign a Registration Form and provide identification before making any bid at the auction. 3.Catalogue Descriptions (a)Any representation or statement by Christie's whether in the catalogue or other publication or in a condition report as to the authorship, ongin, date, age, size, médium, attribution, genuineness, provenance, condition or estimated selling price of any Lot is a statement of opinion only. Any illustrations in the catalogue are solely for guidance and are not to be relied upon in terms of tone or colour or necessarily to reveal imperfections in any Lot; (b)in addition, many Lots are of an age or nature which precludes their being in pristine condition and somé descriptions in the catalogue or given by way of condition report make reference to damage an d/or restoration. Such information is given for guidance only and the absence of such a reference does not imply that a Lot is free from defects nor does any reference to particular defects imply the absence of others; (c)Buyers must satisfy themselves as to all matters referred to in (a) and (b) above by inspection or otherwise prior to the date of the auction. The attention of Buyers is alsó drawn to the explanation of cataloguing practice contained in the catalogue. 4.Premium The Buyer shall pay to Christie's a prémium of 10 per cent of the Hammer Price together with VAT at the standard rate and the Buyer acknowledges that Christie's may alsó receive commission from the Seller in accordance with Condition B4. 5.Value Added Tax In the case of a lot marked with a dagger [f] in the catalogue, VAT is payable by the Buyer on the Hammer Price at the rates prevailing on the date of the auction, refundable on proof of export. 6.Currency Converter and Videó For the guidance of Buyers: (a)a'currency converter will be operated at somé auctions based on the one month forward rates of exchange quoted to Christie's by Lloyds Bank Plc at opening on the date of the auction. Christie's shall not accept any responsibility in the event of error on the currency converter as to the accuracy of the Lot number displayed or as to the foreign currency equivalent of bids in pounds sterling or otherwise; and (b)videoed or other images of Lots will be screened in connection with somé auctions. Christie's shall not accept any responsibility in the event of error in the screening whether to the relevance or accuracy of any such image or otherwise. 7.Payment (a)Upon sale of a Lot, the Buyer shall: (i)unless he has already done so, give to Christie's his name and address and, if so required by Christie's, his bank or other suitable references; and (ii)pay to Christie's the Purchase Price within seven days from the date of sale, notwithstanding that, where the Buyer wishes to export the Lot, an export licence may be required. (b)Christie's may, at its absolute discretion, agree terms for credit with the Buyer under which the Buyer will be entitled to take possession of the Lot before payment is made in full. 8.Collection of Purchases (a)The property in a Lot shall not pass to the Buyer until he has paid the Purchase Price in full and, subject to Condition 7(b) above no Lot may be taken away during the auction, nor may any Lot be taken away until the Purchase Price has been paid in full" (b)the Buyer shall remove at his expense any Lot purchased by him within seven days from the sale; (c)the Buyer shall be responsible for any removal, storage and insurance charges on any Lot not taken away within seven workine days after the date of the auction;° (d)any packing and handling of purchased Lots by Christie's staff is undertaken solely as a service to Buyers, and will only be undertaken at Christie's discretion and at the Buyer's risk. Christie's shall not be liable in any'event for any damage to "láss or frames, irrespective of cause. In addition, Christie's shall not be liable for any errors or omissions or damage caused by packers and shippers that Christie's has recommended to Buyers. 9.Responsibility for purchased Lots A purchased Lot shall be at the Buyer's risk in all respects from the time of collection or the expiry of seven days from the date of sale whichever is the sooner, and neither Christie's nor its employees nor agents shall thereafter be liable for any loss or damage of anv kind' whether caused by negligence or otherwise, while any Lot is in or under their respective custody or control. 10. Remedies for non-payment or failure to collect purchases If a Buyer fails either to pay for or to take away any Lot, Christie's shall, without further notice to the Buyer and at its absolute discretion and without prejudice to any other rights or remedies it may have, be entitled to exercise one or more of the following riehts or remedies:° (a)to issue proceedings against the Buyer for damages for breach of contract together with the costs of such proceedings on a full indemnity basis; (b)to rescind the sale of that or any other Lots sold to the Buyer at the same or any other auction; (c)to resell the Lot or cause it to be resold by public or priváté sale. Any deficiency in the Purchase Price resulting from such resale (after giving credit for any payment) together with full costs incurred in connection with the Lot shall be paid to Christie's by the Buyer and any surplus over the Proceeds of Sale shall belong to the Seller and in this Condition the expression 'Proceeds of Sale' shall have the same meaning in relation to a sale by priváté treaty as it has in relation to a sale by auction: (d)to store the Lot or cause it to be stored whether at its own premises or elsewhere at the sole expense of the Buyer, and to release the Lot only after payment in full of the Purchase Price, the accrued cost of removal, storage and insurance and all other costs incurred in connection with the Lot;