art d'Asie mardi 13 nov. 2018 à 10h30

Wiltshire, Salisbury Salerooms, 51-61 Castle Street Salisbury SP13SU Wiltshire

art d'Asie

Woolley & Wallis
EMail : enquiries@woolleyandwallis.co.uk
Tél. : +44 (0)01722 424500

Mes ordres d'achat
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INFORMATIONS SUR LA VENTE

Asian Art

Contact Details :
Alexandra Aguilar Doméracki
aa@woolleyandwallis.co.uk
+44 (0)1722 424583

BUYER’S PREMIUM
NEW RATE: Each lot is subject to a Buyer’s Premium of 25% plus VAT.

CONDITIONS DE VENTE
CONDITIONS OF BUSINESS

INFORMATION FOR BUYERS
1. Introduction. The following informative notes are intended to assist
Buyers, particularly those inexperienced or new to our salerooms.
All sales are conducted on our printed Conditions of Sale which are
readily available for inspection and normally accompany catalogues.
Our staff will be happy to help you if there is anything you do not fully
understand.
2. Agency. As auctioneers we usually contract as agents for the seller
whose identity, for reasons of confidentiality, is not normally disclosed.
Accordingly if you buy your primary contract is with the seller.
3. Estimates. Estimates are designed to help buyers gauge what sort of
sum might be involved for the purchase of a particular lot. The lower
estimate may represent the reserve price and certainly will not be
below it. Estimates do not include the Buyer’s Premium or VAT (where
chargeable). Estimates are prepared some time before the sale and
may be altered by announcement before the sale. They are in no sense
definitive.
4. The purchase price. The Buyer shall pay the hammer price together
with a premium thereon of 25% plus VAT @20% (totalling 30%
inclusive) on the first £500,000 and 12% plus VAT @20% (14.4%)
inclusive thereafter.
5. VAT. (†) indicates that VAT at the current standard rate is payable by
the purchaser on the hammer price as well as being an element in
the buyer’s premium. This imposition of VAT is likely to be because
the seller is registered for VAT within the European Union and is not
operating the Dealers Margin Scheme or because VAT is due at 20%
on importation into the UK. The symbol (Ω) indicates that the lot has
been imported from outside the European Union and the present
position is that these lots are liable to a reduced rate of VAT (5%) on the
gross lot price (i.e. both the hammer price and the buyer’s premium).
Lots which appear without either of the above symbols indicate that no
VAT is payable on the hammer price. This is because such lots are sold
using the Auctioneers’ Margin Scheme and it should be noted that the
VAT included within the Premium is not recoverable as input tax.
6. We are, primarily, agents for the seller. We are dependent on
information provided by the seller and whilst we may inspect lots and
act reasonably in taking a general view about them we are normally
unable to carry out a detailed or any examination of lots in order to
ascertain their condition in the way in which it would be wise for a
buyer to do. Intending buyers have ample opportunity for inspection
of goods and, therefore, accept responsibility for inspecting and
investigating lots in which they may be interested. Please note
carefully the exclusion of liability for the condition of lots contained in
the Conditions of Sale. Neither the seller nor we, as the auctioneers,
accept any responsibility for their condition. In particular, mechanical
objects of any age are not guaranteed to be in working order. However,
in so far as we have examined the goods and make a representation
about their condition, we shall be liable for any defect which that
examination ought to have revealed to the auctioneer but which
would not have been revealed to the buyer had the buyer examined
the goods. Additionally, in specified circumstances lots misdescribed
because they are ‘deliberate forgeries’ may be returned and repayment
made. There is a 3 week time limit. (The expression ‘deliberate forgery’
is defined in our Conditions of Sale).
7. Electrical goods. These are sold as ‘antiques’ only and if bought for
use must be checked over for compliance with safety regulations by a
qualified electrician first.
8. Export of goods. Buyers intending to export goods should ascertain
(a) whether an export licence is required for the goods to leave the
U.K. and (b) whether there is any specific prohibition on importing the
goods in question into the destination country because, e.g. they may
contain prohibited materials such as ivory. Charges may be applicable
for export licences. Ask us if you need help. The denial of any permit
or licence shall not justify cancellation or rescission of the sale contract
or any delay in payment.
9. Bidding. Bidders will be required to register before the sale commences
and lots will be invoiced to the name and address on the registration
form. Some form of identification will be required if you are unknown
to us. Please enquire in advance about our arrangements for telephone
bidding.
10. Commission bidding. Commission bids may be left with the
auctioneers indicating the maximum amount to be bid excluding
buyers’ premium. They will be executed as cheaply as possible having
regard to the reserve (if any) and competing bids. If two buyers submit
identical commission bids the auctioneers may prefer the first bid
received. Please enquire in advance about our arrangements for the
leaving of commission bids by telephone or fax.
11. Methods of Payment. As a general rule any cheques tendered will need
to be cleared before removal of the goods is permitted. Please discuss
with our Office in advance of the sale if other methods of payment are
envisaged (except cash).
12. Collection and storage. Please note what the Conditions of Sale state
about collection and storage. It is important that goods are paid for and
collected promptly. Any delay may involve the buyer in paying storage
charges.
TERMS OF CONSIGNMENT FOR SELLERS
1. Interpretation. In these Terms the words ‘you’, ‘yours’, etc. refer to the
Seller and if the consignment of goods to us is made by an agent we
assume that the Seller has authorised the consignment and that the
consignor has the Seller’s authority to contract. Similarly the words
‘we’, ‘us’, etc. refer to the Auctioneers.
2. Commission is charged to sellers at the following rates: 15% + VAT
on each lot sold for up to £999, 10% + VAT on each lot realising £1,000
and above.
3. Removal costs. Items for sale must be consigned to the sale room
by any stated deadline and at your expense. We may be able to assist
you with this process but any liability incurred to a carrier for haulage
charges is solely your responsibility.
4. Loss and damage waiver. We are not regulated by the FSA for the
provision of insurance to clients. However, we for our own protection
assume liability for property consigned to us at lower pre-sale estimate.
To justify accepting liability, we make a charge of 1.5% of the hammer
price plus VAT or, if unsold, our mid estimate of the hammer price. If
the owner of goods consigned instructs us in writing not to take such
action, they then remain at owner’s risk unless and until the property in
them passes to the Buyer or they are collected by or on behalf of the
owner, and clause 4 is inapplicable.
5. Illustrations. The cost of any illustrations is borne by you. If we consider
that the lot should be illustrated your permission will usually be asked
first. The copyright in respect of such illustrations shall be the property
of us, the auctioneers, as is the text of the catalogue.
6. Minimum bids and our discretion. Goods may be offered subject to a
reserve agreed between us before the sale in accordance with clause 7.
7. We may sell lots below the reserve provided we account to you for the
same sale proceeds as you would have received had the reserve been
the hammer price. If you specifically give us ‘discretion’ we may accept
a bid of up to 10% below the formal reserve.
Reserves.
(a) You are entitled to place prior to the auction a reserve on any lot
consigned, being the minimum hammer price at which that lot may
be sold. Reserves must be reasonable and we may decline to offer
goods which in our opinion would be subject to an unreasonably high
reserve (in which case goods carry the storage and insurance charges
stipulated in these Terms of Consignment).
(b) A reserve once set cannot be changed except with our consent.
(c) Where a reserve has been placed only we may bid on your behalf and
only up to the reserve (if any) and you may in no circumstances bid
personally.
8. Electrical items. These are subject to detailed statutory safety controls.
Where such items are accepted for sale you accept responsibility for
the cost of testing by external contractors. Goods not certified as safe
by an electrician (unless antiques) will not be accepted for sale. They
must be removed at your expense on your being notified. We reserve
the right to dispose of unsafe goods as refuse, at your expense.
9. Soft furnishings. The sale of soft furnishings is strictly regulated by
statute law in the interests of fire safety. Goods found to infringe safety
regulations will not be offered and must be removed at your expense.
We reserve the right to dispose of unsafe goods as refuse, at your
expense. The rights of disposal referred to in clause 8 and 9 are subject
to the provisions of The Torts (Interference with Goods) Act 1977,
Schedule 1, a copy of which is available for inspection on request.

10. Descriptions. Please assist us with accurate information as to
the provenance etc. of goods where this is relevant. There is strict
liability for the accuracy of descriptions under modern consumer
legislation and in some circumstances responsibility lies with sellers
if inaccuracies occur. We will assume that you have approved the
catalogue description of your lots unless informed to the contrary.
Where we are obliged to return the price to the buyer when the lot is a
deliberate forgery under Condition 15 of the Conditions of Sale and we
have accounted to you for the proceeds of sale you agree to reimburse
us the sale proceeds. The liability to reimburse the sale proceeds
shall not arise where you are acting reasonably and honestly and are
unaware of the forgery but we are or ought to have been aware of it.
11. Unsold and withdrawn items. If an item is unsold it may with your
consent be re-offered at a future sale. Where in our opinion an item is
unsaleable you must collect such items from the saleroom promptly
on being so informed. Otherwise, storage charges may be incurred.
We reserve the right to charge for storage in these circumstances at a
reasonable daily rate.
12. Withdrawn and bought in items. These are liable to incur a charge of
up to 10% plus VAT of the reserve or low estimate on being bought in
or withdrawn after being catalogued.
13. Conditions of Sale. You agree that all goods will be sold on our
Conditions of Sale. In particular you undertake that you have the right
to sell the goods either as owner or agent for the owner. You undertake
to compensate us and any buyer or third party for all losses liabilities
and expenses incurred in respect of and as a result of any breach of
this undertaking.
14. Authority to deduct commission and expenses and retain premium
and interest.
(a) You authorise us to deduct commission at the stated rate and all
expenses incurred for your account from the hammer price and
consent to our right to retain beneficially the premium paid by the buyer
in accordance with our Conditions of Sale and any interest earned on
the sale proceeds until the date of settlement.
(b) You authorise us in our discretion to negotiate a sale by private treaty
not later than the close of business on the day of the sale in the case of
lots unsold at auction, in which case the same charges will be payable
as if such lots had been sold at auction and so far as appropriate these
terms apply.
15. Warehousing. We disclaim all liability for goods delivered to our
saleroom without sufficient sale instructions and reserve the right to
make minimum warehousing charge of £2 per lot per day. Unsold lots
are subject to the same charges if you do not remove them within a
reasonable time of notification. If not removed within three weeks we
reserve the right to sell them and defray charges from any net proceeds
of sale or at your expense to consign them to the local authority for
disposal.
16. Settlement. Subject to our normal trading conditions, payment will be
made by BACS or cheque five weeks after the sale unless the buyer
has not paid for the goods. In this case no settlement will then be
made but we will take your instructions in the light of our Conditions of
Sale. You authorise any sums owed by you to us on other transactions
to be deducted from the sale proceeds. You must note the liability
to reimburse the proceeds of sale to us as under the circumstances
provided for in Condition 10 above. You should therefore bear this
potential liability in mind before parting with the proceeds of sale until
the expiry of 28 days from the date of sale.
CONDITIONS OF SALE
Woolley & Wallis Salisbury Salerooms Ltd carries on business with
bidders, buyers and all those present in the auction room prior to or
in connection with a sale on the following General Conditions and on
such other terms, conditions and notices as may be referred to herein.
1. DEFINITIONS
In these Conditions:
(a) ‘auctioneer’ means Woolley & Wallis Salisbury Salerooms Ltd or its
authorised auctioneer, as appropriate;
(b) ‘deliberate forgery’ means an imitation made with the intention of
deceiving as to authorship, origin, date, age, period, culture or source
but which is unequivocally described in the catalogue as being the
work of a particular creator and which at the date of the sale had a
value materially less than it would have had if it had been in accordance
with the description;
(c) ‘hammer price’ means the level of bidding reached (at or above any
reserve) when the auctioneer brings down the hammer;
(d) ‘terms of consignment’ means the stipulated terms and rates of
commission on which Woolley & Wallis Salisbury Salerooms Ltd
accepts instructions from sellers or their agents;
(e) ‘total amount due’ means the hammer price in respect of the lot
sold together with any premium, Value Added Tax chargeable and
any additional charges payable by a defaulting buyer under these
Conditions;
(f) ‘sale proceeds’ means the net amount due to the seller, being the
hammer price of the lot sold less commission at the stated rate, Value
Added Tax chargeable and any other amounts due to us by the seller in
whatever capacity and however arising.
(g) ‘‘You’, ‘Your’, etc. refer to the buyer as identified in Condition 2.
(h) The singular includes the plural and vice versa as appropriate.
2. BIDDING PROCEDURES AND THE BUYER
(a) Bidders are required to register their particulars before bidding and to
satisfy any security arrangements before entering the auction room to
view or bid;
(b) the maker of the highest bid accepted by the auctioneer conducting
the sale shall be the buyer at the hammer price and any dispute about a
bid shall be settled at the auctioneer’s absolute discretion by reoffering
the Lot during the course of the auction or otherwise. The auctioneer
shall act reasonably in exercising this discretion.
(c) Bidders shall be deemed to act as principals.
(d) Our right to bid on behalf of the seller is expressly reserved up to the
amount of any reserve and the right to refuse any bid is also reserved.
3. INCREMENTS
Bidding increments shall be at the auctioneer’s sole discretion.
4. THE PURCHASE PRICE
The Buyer shall pay the hammer price together with a premium thereon
of 25% plus VAT @20% (totalling 30% inclusive) on the first £500,000
and 12% plus VAT @20% (14.4%) inclusive thereafter.
5. VALUE ADDED TAX
Value Added Tax on the hammer price is imposed by law on all items
affixed with a † or Ω. Value Added Tax is charged at the appropriate rate
prevailing by law at the date of sale and is payable by buyers of relevant
lots. (Please refer to ‘Information for Buyers’ for a brief explanation of
the VAT position).
6. PAYMENT
(a) Immediately a lot is sold you will:
(i) give to us, if requested, proof of identity, and
(ii) pay to us the total amount due in pounds sterling
(b) Any payments by you to us may be applied by us towards any sums
owing from you to us on any account whatever without regard to any
directions of you or your agent, whether express or implied.
7. TITLE AND COLLECTION OF PURCHASES
(a) The ownership of any Lots purchased shall not pass to you until you
have made payment in full to us of the total amount due.
(b) You shall at your own risk and expense COLLECT any lots that you have
purchased and paid for from our premises not later than 3 working days
following the day of the auction or upon the clearance of any cheque
used for payment (IF LATER) after which you shall be responsible for
any COLLECTION, storage and insurance charges.
(c) No purchase MAY be COLLECTED AND WE SHALL NOT RELEASE
ANY LOT TO YOU OR YOUR AGENT until it has been paid for.
8. REMEDIES FOR NON-PAYMENT OR FAILURE TO COLLECT
PURCHASES
(a) If any Lot is not paid for in full and taken away in accordance with
these Conditions or if there is any other breach of these Conditions,
we, as agent for the seller and on our own behalf, shall at our absolute
discretion and without prejudice to any other rights we may have, be
entitled to exercise one or more of the following rights and remedies:
(i) to proceed against you for damages for breach of contract;
(ii) to rescind the sale of that lot and/or any other lots sold by us to you;
(iii) to resell the lot (by auction or private treaty) in which case you shall be
responsible for any resulting deficiency in the total amount due (after
crediting any part payment and adding any resale costs). Any surplus
so arising shall belong to the seller;
(iv) to remove, store and insure the lot at your expense and, in the case of
storage, either at our premises or elsewhere;
(v) to charge interest at a rate not exceeding 1.5% per month on the total
amount due to the extent it remains unpaid for more than 3 working
days after the sale;
(vi) to retain that or any other lot sold to you until you pay the total amount due;
(vii) to reject or ignore bids from you or your agent at future auctions or to
impose conditions before any such bids shall be accepted;
(viii) to apply any proceeds of sale of other Lots due or in future becoming due
to you towards the settlement of the total amount due and to exercise a lien
(that is a right to retain possession of any of your property in our possession
for any purpose until the debt due is satisfied.
(b) We shall, as agent for the seller and on our own behalf pursue these rights
and remedies only so far as is reasonable to make appropriate recovery in
respect of breach of these conditions
9. THIRD PARTY LIABILITY
All members of the public on our premises are there at their own risk and
must note the lay-out of the accommodation and security arrangements.
Accordingly neither the auctioneer nor our employees or agents shall incur
liability for death or personal injury (except as required by law by reason of
our negligence) or similarly for the safety of the property of persons visiting
prior to or at a sale.
10. COMMISSION BIDS
Whilst prospective buyers are strongly advised to attend the auction and
are always responsible for any decision to bid for a particular lot and shall
be assumed to have carefully inspected and satisfied themselves as to its
condition, we will if so instructed clearly and in writing execute bids on
their behalf. Neither the auctioneer nor our employees or agents shall be
responsible for any failure to do so save where such failure is unreasonable.
Where two or more commission bids at the same level are recorded we
reserve the right in our absolute discretion to prefer the first bid so made.
11. WARRANTY OF TITLE AND AVAILABILITY
The seller warrants to the auctioneer and you that the seller is the true
owner of the property consigned or is properly authorised by the true
owner to consign it for sale and is able to transfer good and marketable title
to the property free from any third party claims.
12. AGENCY
The auctioneer normally acts as agent only and disclaims any responsibility
for default by sellers or buyers.
13. TERMS OF SALE
The seller acknowledges that lots are sold subject to the stipulations of
these Conditions in their entirety and on the Terms of Consignment as
notified to the consignor at the time of the entry of the lot.
14. DESCRIPTIONS AND CONDITION
(a) Whilst we seek to describe lots accurately, it may be impractical for us
to carry out exhaustive due diligence on each lot. Prospective buyers are
given ample opportunities to view and inspect before any sale and they
(and any independent experts on their behalf) must satisfy themselves as
to the accuracy of any description applied to a lot. Prospective buyers also
bid on the understanding that, inevitably, representations or statements by
us as to authorship, genuineness, origin, date, age, provenance, condition
or estimated selling price involve matters of opinion. We undertake that any
such opinion shall be honestly and reasonably held and accept liability for
opinions given negligently or fraudulently. Subject to the foregoing neither
we the auctioneer nor our employees or agents nor the seller accept liability
for the correctness of such opinions and all conditions and warranties,
whether relating to description, condition or quality of lots, express, implied
or statutory, are hereby excluded. This Condition is subject to the next
following Condition concerning deliberate forgeries and applies save as
provided for in paragraph 6 ‘information to buyers’.
(b) Private treaty sales made under these Conditions are deemed to be sales
by auction for purposes of consumer legislation.
15. FORGERIES
Notwithstanding the preceding Condition, any lot which proves to be a
deliberate forgery (as defined) may be returned to us by you within 21 days
of the auction provided it is in the same condition as when bought, and
is accompanied by particulars identifying it from the relevant catalogue
description and a written statement of defects. If we are satisfied from
the evidence presented that the lot is a deliberate forgery we shall refund
the money paid by you for the lot including any buyer’s premium provided
that (1) if the catalogue description reflected the accepted view of scholars
and experts as at the date of sale or (2) you personally are not able to
transfer a good and marketable title to us, you shall have no rights under
this condition. The right of return provided by this Condition is additional to
any right or remedy provided by law or by these Conditions of Sale.
GENERAL
16. We shall have the right at our discretion, to refuse admission to our
premises or attendance at our auctions by any person.
17. (a) Any right to compensation for losses liabilities and expenses incurred
in respect of and as a result of any breach of these Conditions and any
exclusions provided by them shall be available to the seller and/or the
auctioneer as appropriate.
(b) Such rights and exclusions shall extend to and be deemed to be for the
benefit of employees and agents of the seller and/or the auctioneer who
may themselves enforce them.
18. Any notice to any buyer, seller, bidder or viewer may be given by first class
mail or Swiftmail in which case it shall be deemed to have been received by
the addressee 48 hours after posting.
19. Special terms may be used in catalogue descriptions of particular classes
of items in which case the descriptions must be interpreted in accordance
with any glossary appearing in the catalogue.
20. Any indulgence extended to bidders buyers or sellers by us notwithstanding
the strict terms of these Conditions or of the Terms of Consignment shall
affect the position at the relevant time only and in respect of that particular
concession only; in all other respects these Conditions shall be construed
as having full force and effect.
21. English law applies to the interpretation of these Conditions.
PAINTINGS, DRAWINGS, LITHOGRAPHS, ENGRAVINGS AND PRINTS
In accordance with long standing practice in Fine Art Sale Rooms certain
terms used in descriptions in the Catalogue have the meanings ascribed to
them in the glossary below.
Glossary
Any statement as to authorship, attribution, origin, date, age, provenance
and condition is a statement of opinion and is not to be taken as a statement
of fact. The Company reserves the right, in forming their opinion, to consult
and rely upon any expert or authority considered by them to be reliable.
(a) Edward Lear: 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.
(b) Attributed to Edward Lear: In our opinion probably a work by the artist but
less certainty as to authorship is expressed than in the preceding category.
(c) Studio of Edward Lear: In our opinion a work by an unknown hand in the
studio of the artist which may be or may not have been executed under the
artist’s direction.
(d) Circle of Edward Lear: In our opinion a work by an as yet unidentified but
distinct hand, closely associated with the named artist but not necessarily
his pupil.
(e) Style of ...; Follower of Edward Lear: In our opinion a work by a painter
working in the artist’s style, contemporary or nearly contemporary, but not
necessarily his pupil.
(f) Manner of Edward Lear: In our opinion a work in the style of the artist and
of a later date.
(g) After Edward Lear: In our opinion a copy of a known work of the artist.
(h) The term signed and/or dated and/or inscribed means that in our opinion
the signature and/or date and/or inscription are from the hand of the artist.
(i) The term bears a signature and/or date and/or inscription means that in our
opinion the signature and/or date and/or inscription have been added by
another hand.
(j) Dimensions are given height before width.
(k) Pictures are framed unless otherwise stated.
ARTIST’S RESALE RIGHT / DROIT DE SUITE
Droit de Suite is a royalty payable to a qualifying artist or the artist’s heirs
each time a work is resold during the artist’s lifetime and up to a period of
70 years after the artist’s death.
Royalties are calculated on a sliding percentage scale based on the hammer
price excluding the buyer’s premium. The royalty does not apply to lots
selling below the sterling equivalent of €1,000 and the maximum royalty
payable on any single lot is the sterling equivalent of €10,000.
Droit de Suite, which is not subject to VAT, will be added to the buyer’s
purchase price and then passed on to the relevant collecting agency by the
auctioneer.
Please enquire for the accepted exchange rate on the day of the sale.
R oyalties for Droit de Suite are as follows:
4% Up to €50,000
3% €50,000.01 - 200,000
1% €200,000.01 - 350,000
0.5% €350,000.01 - 500,000
0.25% In excess of €500,000
Up to a maximum levy of €10,000