Lot 35 (Fine Asian & Islamic Works of Art, 15th May 2019)
the first comprising nineteen sticks and two guard sticks, carved and pierced with figures at leisure amongst pavilions and trees; the second with a silk leaf embroidered on both sides with flowers and birds (2)
largest 52.5cm wideProvenance:
Sold for £400
(Inclusive of Buyer's Premium)
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In these Conditions of Sale (Buyers): "Auctioneer" means Lyon & Turnbull Ltd (Registered in Scotland No: 191166 | Registered address: 33 Broughton Place, Edinburgh, EH1 3RR) or its authorised auctioneer, as appropriate;
"Hammer price" means the level of bidding reached (at or above any reserve) when the Auctioneer brings down the hammer;
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Lyon & Turnbull acts as agent solely for and in the interests of the Seller. We do not act for Buyers in this role and does not give advice to Buyers. When Lyon & Turnbull make a statement about a lot it is doing so on behalf of the Seller of the lot.
The Auctioneer normally acts as agent only and disclaims any responsibility for default by Sellers or Buyers.
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(d) Once made, no bid may be withdrawn.
(e) Our right to bid on behalf of Sellers is expressly reserved up to the amount of any reserve.
(f) The right to refuse any bid is also reserved.
(g) Commission Bids: While 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 shall, if so instructed, clearly and in writing execute bids on their behalf. Neither the Auctioneer nor our employees nor agents shall be responsible for any failure to do so. 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.
(h) Telephone Bids: If a prospective Buyer makes arrangements with us prior to the commencement of the sale we will use reasonable efforts to contact them to enable them to participate in bidding by telephone. We do not accept liability for failure to do so or for errors and omissions in connections.
(h) Online Bidding: We will use reasonable efforts to carry out online bids and do not accept liability for equipment failure, inability to access the internet or software malfunctions related to execution of online bids/ live bidding.
Bidding increments shall be at the Auctioneer's sole discretion.
For each lot purchased a Buyer's Premium of 25% of the hammer price of each lot up to and including £100,000, plus 20% from £100,001 thereafter. VAT at the appropriate rate is charged on the Buyer's Premium. No VAT is payable on the hammer price or premium for printed books or unframed maps bought at auction.
Unless indicated by a insert symbol (⏀), all lots in this catalogue are offered subject to a reserve. A reserve is the confidential hammer price established between Lyon & Turnbull and the seller. The reserve is generally set at a percentage of the low estimate and will not exceed the low estimate for the lot.
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.
(1) Lots affixed with (†): Value Added Tax on the hammer price is imposed by law on all items affixed with a dagger (†). This imposition of VAT maybe because the Seller is registered for VAT within the European Union and is not operating under a Margin Scheme.
(2) Lots affixed with (*): A reduced rate of Value Added Tax on the hammer price of 5% is payable. This indicates that a lot has been imported from outwith the European Union. This reduced rate is applicable to Antique items.
(3) Lots affixed with [Ω]: Standard rate of Value Added Tax on the hammer price and premium is payable. This applies to items that have been imported from outwith the European Union and do not fall within the reduced rate category outlined above.
This symbol § indicates works which may be subject to the Droit de Suite or Artist's Resale Right, which took effect in the United Kingdom on 14th February 2006. We are required to collect a royalty payment for all qualifying works of art. Under new legislation which came into effect on 1st January 2012 this applies to living artists and artists who have died in the last 70 years. This royalty will be charged to the Buyer on the hammer price and in addition to the Buyer’s premium. It will not apply to works where the hammer price is less than €1,000 (euros). The charge for works of art sold at and above €1,000 (euros) and below €50,000 (euros) is 4%. For items selling above €50,000 (euros), charges are calculated on a sliding scale. All royalty charges are paid to the Design and Artists Copyright Society (‘DACS’) and no handling costs or additional fees are retained by the auctioneer. Resale royalties are not subject to VAT. Please note that the royalty payment is calculated on the rate of exchange at the European Central Bank on the date of the sale. More information on Droit de Suite is available at www.dacs.org.uk.
(1) Within 7 days of a lot being sold you will:
(a) Pay to us the total amount due in cash or by such other method as is agreed by us. We accept cash, bank transfer (details on request), debit cards and Visa or MasterCard credit cards.
(b) Please note that we do not accept cash payments over £5,000.
(1) 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.
(2) You shall at your own risk and expense take away any lots that you have purchased and paid for not later than 7 working days following the day of the auction or upon the clearance of any cheque used for payment whichever is later. We can provide you with a list of shippers. However, we will not be responsible for the acts or omissions of carriers or packers whether or not recommended by us.
(3) No purchase can be claimed or removed until it has been paid for.
(4) It is the Buyer’s responsibility to ascertain collection procedures, particularly if the sale is not being held at our main sale room and the potential storage charges for lots not collected by the appropriate time.
(5) Export of goods: Buyers intending to export goods should ascertain (a) whether an export licence is required and (b) whether there is any specific prohibition on importing goods of that character, e.g. items that may contain prohibited materials such as ivory or rhino horn. It is the buyer’s sole responsibility to obtain any relevant export or import licence. The denial of any licence or any delay in obtaining licences shall neither justify the recession of any sale not any delay in making full payment for the lot.
(1) 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 Sellers and on their 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:
(a) to proceed against you for damages for breach of contract;
(b) to rescind the contract for sale of that lot and/or any other lots sold by us to you;
(c) 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).
(d) to remove, store and insure the lot in the case of storage, either at our premises or elsewhere and to recover from you all costs incurred in respect thereof;
(e) to charge interest at a rate not exceeding 1.5% per month above the current base rate on all sums outstanding for more than 7 working days after the sale;
(f) to retain that or any other lot sold to you until you pay the total amount due;
(g) to reject or ignore bids from you or your agent at future auctions or to impose conditions before any such bids shall be accepted;
(h) to apply any proceeds of sale of other lots due or which become due to you towards the settlement of the total amount due by you and to exercise a lien over any of your property in our possession for any purpose until the debt due is satisfied.
(1) 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 only accept liability for opinions given negligently or fraudulently. Subject to the foregoing neither we the auctioneer or our employees or agents accept liability for the correctness of such opinions and no warranties, whether relating to description, condition or quality of lots, express, implied or statutory, are given. Please note that photographs/images provided may not be fully representative of the condition of the lot and should not be relied upon as indicative of the overall condition of the lot.
(1) Books-Collation: If on collation any NAMED item in the sale catalogue proves defective, in text or illustration the Buyer may reject the lot provided he returns it within 21 days of the sale stating the defect in writing. This, however, shall not apply in the case of unnamed items, periodicals, autographed letters, music M.M.S., maps, drawings NOR in respect of damage to bindings, stains, foxing, marginal worm holes or other defects not affecting the completeness of the text NOR in respect of Defects mentioned in the catalogue, or at the time of sale, NOR in respect of lots sold for less than £300.
Please be aware that all lots marked with the symbol Y may be subject to CITES regulations when exporting these items outside the EU. These regulations may be found at http://www.defra.gov.uk/ahvla-en/imports-exports/cites
(a) The same Conditions of Sale (Buyers) shall apply to sales by private treaty.
(b) Private treaty sales made under these Conditions are deemed to be sales by auction and subject to our agreed charges for Sellers and Buyers.
(c) Lyon & Turnbull undertakes to inform the Seller of any offers it receives in relation to an item prior to any Proposed Sale, excluding the normal method of commission bids.
(d) For the purposes of a private treaty sale, if a lot is sold in any other currency than Sterling, the exchange rate is to be taken on the date of sale.
All members of the public on our premises are there at their own risk and must note the lay-out of the accommodation, safety and security arrangements. Accordingly, neither the Auctioneer nor our employees or agents shall incur liability for death or personal injury or similarly for the safety of the property of persons visiting prior to, during or after a sale.
(a) We shall have the right at our discretion, to refuse admission to our premises or attendance at our auctions by any person.
(b) Any notice to any Buyer, Seller, bidder or viewer may be given by email if not available then first class mail in which case it shall be deemed to have been received by the addressee 48 hours after posting.
(c) Notices to Lyon & Turnbull should be in writing and addressed to the Managing Director at 33 Broughton Place, Edinburgh EH1 3RR, quoting the reference number specified at the beginning of the sale catalogue.
(d) Should any provision of these Conditions of Sale be held unenforceable for any reason, the remaining provisions shall remain in full force and effect.
(e) These Conditions of Sale are not assignable by either party without the other's prior written consent. No act, omission or delay by Lyon & Turnbull shall be deemed a waiver or release of any of its rights.
(f) The contract between the parties may be varied by the parties by agreement and in writing.
Lyon & Turnbull guarantees that the authorship, period, or origin (collectively, "Authorship") of each lot in this catalogue is as stated in the BOLD or CAPITALISED type heading in the catalogue description of the lot, as amended by oral or written salesroom notes or announcements. Lyon & Turnbull makes no warranties whatsoever, whether express or implied, with respect to any material in the catalogue other than that appearing in the Bold or Capitalised heading and subject to the exclusions below.
In the event Lyon & Turnbull in its reasonable opinion deems that the conditions of the authenticity guarantee have been satisfied, it shall refund to the original purchaser of the lot the hammer price and applicable Buyer's Premium paid for the lot by the original purchaser.
(i) the catalogue description was in accordance with the opinion(s) of generally accepted scholar(s) and expert(s) at the date of the sale, or the catalogue description indicated that there was a conflict of such opinions; or
(ii) the only method of establishing that the Authorship was not as described in the Bold or Capitalised heading at the date of the sale would have been by means or processes not then generally available or accepted; unreasonably expensive or impractical to use; or likely (in Lyon &Turnbull's reasonable opinion) to have caused damage to the lot or likely to have caused loss of value to the lot; or
(iii) there has been no material loss in value of the lot from its value had it been in accordance with its description in the Bold or Capitalised type heading.
This Guarantee is provided for a period of one year from the date of the relevant auction, is solely for the benefit of the original purchaser of the lot at the auction and may not be transferred to any third party. To be able to claim under this Authenticity Guarantee, the original purchaser of the lot must:
(i) notify Lyon & Turnbull in writing within one month of receiving any information that causes the original purchaser of record to dispute the accuracy of the Bold or Capitalised type heading, specifying the lot number, date of the auction at which it was purchased and the reasons for such dispute; and
(ii) return the Lot to Lyon & Turnbull's registered office in the same condition as at the date of sale to the original purchaser of record and be able to transfer good title to the Lot, free from any third party claims arising after the date of such sale.
In connection with the management and operation of our business and the marketing and supply of Lyon & Turnbull's services, or as required by law, we may ask the Buyer to provide personal information about themselves or obtain information about the Buyer from third parties (e.g. credit information). Lyon & Turnbull will not give out personal information except as may be required by law.
Lyon & Turnbull shall be under no liability if they shall be unable to carry out any provision of the Contract of Sale for any reason beyond their control including (without limiting the foregoing) an act of God, legislation, war, fire, flood, drought, failure of power supply, lock-out, strike or other action taken by employees in contemplation or furtherance of a dispute or owing to any inability to procure materials required for the performance of the contract.
(a) Governing Law: These Conditions of Sale and all aspects of all matters, transactions or disputes to which they relate or apply shall be governed by, and interpreted in accordance with, Scots law
(b) Jurisdiction: The Buyer agrees that the Courts of Scotland are to have exclusive jurisdiction to settle all disputes arising in connection with all aspects of all matters or transactions to which these Conditions of Sale relate or apply.
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