578
JEKYLL, Gertrude: Some English Gardens, illustrated by Elgood, f/o (L.1906)- The Horticultural Recor
Currency:EUR
Category:Everything Else / Other
Start Price:NA
NOT SOLD (BIDDING OVER)
0.00EUR+ applicable fees & taxes.
This item WAS NOT SOLD. Auction date was 2003 Nov 25 @ 10:30UTC
JEKYLL, Gertrude: Some English Gardens, illustrated by Elgood, f/o (L.1906)- The Horticultural Record, 1912. (2)
e100/200
Auction Location:
Ireland
Previewing Details:
Sunday 23rd and Monday 24th November 2003, 10.00am to 5.00pm
Additional Fees:
Shipping Details:
No Info Available
Payment Details:
Cash or Bank Draft
BUYING AT HOK FINE ART
ESTIMATES
These are printed under the catalogue descriptions and are the approximate prices expected to be realised. As they are prepared well in advance of the auction, they are not definitive and are subject to revision.
BUYER’S PREMIUM
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CONDITION REPORTS
Imperfections are not stated. If you want additional information on a particular lot, or cannot attend the viewing, contact
our staff, who will endeavour to help you. Any reasonable request will be dealt with as promptly as possible. We remind prospective buyers that descriptions are not warranties but opinion only.
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ABSENTEE BIDDING
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Buyers and Sellers are requested to read carefully the explanation of cataloguing practice and the Conditions set out below which contain the terms on which HOK Ltd. (hereafter referred to as The Auctioneers) conduct sales and handle other related matters. Conditions A1 to 9 inclusive (and the explanation of cataloguing practice) are of particular relevance to Buyers and Conditions B1 to 11 inclusive to Sellers. Definitions of words and phrases with special meanings appear in Conditions C7. (Sellers Conditions are available from the Auctioneer upon request). HOK Ltd. Registered in Dublin. Registered Number 319534. HOK Ltd. is a wholly owned subsidiary of CB Hamilton Osborne King.
The Buyer
A.
1. The Auctioneer as agent
Save as otherwise appears. The Auctioneer acts only as agent for the Seller.
2. The Buyer
(a) The buyer shall be the highest bidder acceptable to The Auctioneer and The Auctioneers shall have absolute
discretion to settle any dispute;
(b) every bidder shall be deemed to act as principal unless The Auctioneers have, before the date of the auction, acknowledged in writing that the bidder is acting as agent on behalf of a disclosed principal;
(c) every bidder shall complete and sign a Registration Form before the date of the auction.
3. Cataloguing Descriptions
(a) Any representation or statement by The Auctioneers whether in the catalogue or other publication or in a condition report as to the authorship, origin, date, age, 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 the guidance of prospective Buyers 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 some descriptions in the catalogue or given by way of condition report make reference to damage and/or restoration. Such information is given for guidance only and the absence of such 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 also drawn to the explanation of cataloguing practice contained in the catalogue.
4. Premium
The Buyer shall pay to The Auctioneers a premium of 191/2% (exclusive of 21% VAT) of the Hammer Price and the Buyer acknowledges that The Auctioneers may also receive commission in accordance with Conditions of Sale from the Seller. (Seller Conditions are available from the Auctioneer upon request).
5. New VAT Regulations
(a) All lots in this catalogue are sold using The Auctioneer’s VAT Margin Scheme. Revenue regulations require that the buyers premium must be invoiced at a rate which is inclusive of any VAT.
The VAT is not recoverable by any business buyer.
(b) Buyers from outside the EU will be entitled to a refund of VAT upon receipt by HOK Ltd. of satisfactory proof of export from the EU.
6. Payment
(a) Upon sale of a Lot, the Buyer shall:
(i) unless he has already done so, give to The Auctioneer his name and address and if so required by The Auctioneers, his bank or other suitable references;
(ii) if so required by The Auctioneers, immediately pay a deposit in cash or bank draft of 25% of the purchase price of any lot;
(iii) pay to The Auctioneers the Purchase Price within two days from the date of sale.
(b) The Auctioneers 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.
(c) The Title of Ownership of the property in a Lot shall not pass to the Buyer until he has paid the Purchase Price in full.
7. 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 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 within 2 days from the sale;
(c) The Buyer shall be responsible for any removal, storage and insurance charges on any Lot not taken within two working days after the date of the auction;
(d) any packing and handling of purchased Lots by The Auctioneers staff is undertaken solely as a service to buyers and will only be undertaken at The Auctioneers discretion and at the Buyer’s risk. The Auctioneers shall not be liable in any event for any damage to glass or frames, irrespective of cause. In addition, The Auctioneers shall not be liable for any errors or omissions or damage caused by packers and shippers that The Auctioneers have recommended to the Buyer.
8. 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 two days from the date of sale, whichever is the sooner and neither The Auctioneers nor their employees nor agent shall hereafter be liable for any loss or damage of any kind whether caused by negligence or otherwise while any Lot is in or under their respective custody or control.
9. Remedies for non-payment or failure to collect purchases
If a Buyer fails to pay for or to take away any Lot, The Auctioneers 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 ot the following rights 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 Lot sold to the Buyer at that or any other auction;
(c) to resell the Lot or cause it to be resold by public or private 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 The Auctioneer by the Buyers 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 the sale by private treaty as it has in relation to a sale by auction;
(d) to store the Lot or cause it to be stored and insurance and all other costs incurred in connection with the Lot shall be borne by the aforementioned Buyer;
(e) to charge interest on the Purchase Price at the rate of 2% above Bank of Ireland base rate to the extent that it remains unpaid for more than two days after the date of sale;
(f) to retain that or any other Lot sold to the Buyer at the same or any other auction and release the item only after payment of the Purchase Price;
(g) to apply any proceeds of sale of any Lot then due or at any time thereafter becoming due to the Buyer toward settlement of the Purchase Price and Expenses, and The Auctioneer shall be entitled to a lien on any property of the Buyer which is in The Auctioneers possession for any purpose;
(h) to apply any payment by the Buyer to The Auctioneers towards any sums owing from the Buyer to The Auctioneers or to any associated company of The Auctioneers without regard to any direction of the Buyer or his agent, whether express or implied.
10. Guarantee
(a) Subject to the obligation accepted by The Auctioneers under this Condition, none of the Seller, The Auctioneers, their employees or agents is responsible for the correctness of any statement as to the authorship, origin, date, age, size, medium, attribution, genuineness, or provenance of any Lot, for any other errors or description or for any faults or defects in any Lot and no warranty whatsoever is given by the Seller, The Auctioneers, its employees or agents in respect of any Lot and any express or implied conditions or warranties are hereby excluded;
(b) if, within five days of the date of the auction (1) The Auctioneers have received notice in writing from the Buyer of any Lot that in his/her view the Lot is a Forgery, (2) within fourteen days of such notice, The Auctioneers have the Lot in their possession in the same condition as at the date of the auction and (3) within a reasonable time thereafter, the Buyer satisfies The Auctioneers that the Lot is a forgery and that the Buyer is able to transfer a good and marketable title to the Lot free from any liens or encumbrances. The Auctioneers will set aside the sale and refund to the Buyer any amount paid by the Buyer in respect of the Lot provided that the Buyer shall have no rights under this condition if:
(i) the catalogue description at the date of the auction was in accordance with the then generally accepted opinion of scholars or experts or fairly indicated there to be a conflict of such opinion; or
(ii) it can be established that the Lot is a Forgery only by means of a scientific process not generally accepted for use until after publication of the catalogue or by means of a process which at the date of the auction was unreasonably expensive or impractical or likely to have caused damage to the Lot;
(c) the Buyer shall not be entitled to claim under this Condition for more than the amount paid by him for the Lot and in particular shall have no claim for any loss, consequential loss or damage whether direct or indirect suffered by him;
(d) the benefit of this guarantee shall not be assignable and shall rest solely and exclusively in the Buyer who shall be the person to whom the original invoice was made out by The Auctioneers in respect of the Lot when sold and who has since the sale retained uninterrupted, unencumbered ownership thereof.
11. Commission bids
(a) Prospective buyers are advised to attend at the auction. The Auctioneers will, however, if so instructed, execute bids provided in writing in advance of the auction or bids by telephone (at The Auctioneers Discretion) on their behalf, but neither The Auctioneers nor their employees nor agents shall be liable for any neglect or default in so doing or for failure to do so;
(b) in the event that The Auctioneer has received commission bids on a Lot for identical amounts and at auction those commission bids are the highest bids for that Lot, the Lot shall be knocked down to the person whose commission bid (for the relevant amount) was received first.
12. Computer Image
Computer image or other images of Lots will be screened in connection with some auctions. The Auctioneers 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.
N.B. All Purchases have to be paid for by euro. All other currencies will be subject to bank charges – List available on request.
GENERAL CONDITIONS
C.
1. ‘The Auctioneers’ HOK Ltd. as agent for the Seller are not responsible for any default by the Seller or the Buyer.
2. The Auctioneers shall have the right at its absolute discretion to refuse admission to its premises or attendance at its auctions by any person.
3. The Auctioneers shall have the right at its absolute discretion to refuse any bid, to advance the biddings as it may decide, to withdraw or divide any Lot, to combine any two or more Lots and in the case of dispute to put up any Lot for auction again.
4. (a) Any indemnity hereunder shall extend to all action, proceedings, costs, claims and demands whatsoever incurred or suffered by the person for wose benefit the indemnity is given;
(b) The Auctioneers shall hold any indemnity on trust for its employees and agents where it is expressed to be for their benefit.
5. Any notice given hereunder shall be in writing and if given by post shall be deemed to have been duly received by the addressee in the ordinary course of post.
6. These Conditions of Business shall be governed by and construed in accordance with Irish Law and all parties concerned hereby submit to the non-exclusive jurisdiction of the Irish Courts.
7. In these Conditions of Business the following words and expressions shall have the following meanings:
‘Bought in’ those Lots which fail to reach their reserve.
‘The Auctioneers’ HOK Ltd..
‘Expenses’ The Auctioneers charges for insurance, illustrations, special advertising, packaging and freight and any VAT thereon.
‘Forgery’ a Lot made or substantially made with an intention to deceive as to authorship, origin, date, age, period, culture or source which is not shown to be such in the description in the catalogue and which at the date of the auction had a value materially less than it would have had it been in accordance with the description.
‘Hammer Price’ the price at which a Lot is knocked down to the Buyer.
‘Lot’ any item deposited with The Auctioneers with a view to its sale at auction whether on its premises or elsewhere with a view to its sale at auction and, in particular, the item or items described against any lot number in any catalogue.
‘Proceeds of Sale’ the net amount due to the Seller being the Hammer Price less commission at the Published Rates and Expenses and any other amounts due to the Auctioneers or to any associated company of The Auctioneers from the Seller in whatever capacity and howsoever arising.
‘Published Rates’ The Auctioneers rates of commission which are 191/2% (exclusive of 21% VAT) of the Hammer Price. In the case of Lots failing to reach their reserve, a charge of 5% (+VAT) may be made on the last bid for the Lot.
‘Purchase Price’ the Hammer Price plus any premium and VAT chargeable and additional charges and expenses due from a defaulting Buyer under Condition A 10, in euro.