31 March 2020 • 14:00 BST • London
31 March 2020 • 14:00 BST • London
Please note that the results listed on this page are inclusive of Sotheby's Buyer's Premium and Overhead Premium, and exclusive of any applicable taxes and costs, unless otherwise noted.
Please note that the results listed on this page are inclusive of Sotheby's Buyer's Premium and Overhead Premium, and exclusive of any applicable taxes and costs, unless otherwise noted.
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Owing to the instructions issued by the British Government on Monday 23 March, Sotheby's sale of 20th Century Middle Eastern Art will now take the form of an online-only auction, which will open for bidding on Friday, 27 March at 2pm GMT and close on Tuesday 31 March at 2pm BST. Details of how to bid online are available here, but should you require further assistance, please do contact our client service team.
Due to the recent Government mandate, Sotheby’s London offices are now closed - property collection and shipment will be delayed until our offices are able to reopen. Additionally, The Arts Council is closed and is therefore unable to accept applications for cultural licences at this time. Please note that payment remains due on receipt of your invoice and when our office reopens priority for collection and shipping will be given in order of when we receive full payment. Our Post Sale Services team will be in contact regarding the soonest you can expect to collect or receive your property. If you have any queries, please contact us at email@example.com or on +44 (0) 20 7293 5890.
The 20th Century Art / Middle East sale will feature the rarest and most sought-after artists from the modern era to the contemporary period. We are delighted to present a cohort of works spanning an array of countries and regions rarely seen, including paintings by Antoine Malliarakis Mayo, Kamrooz Aram, Hamed Nada, Farhad Moshiri, Youssef Nabil, Fahrelnissa Zeid, Gazbia Sirry, Marwan, and Mahmoud Sabri.
For all enquiries please contact:
Co-Head of Sale, Director
Modern and Contemporary Arab Art
Head of Sale, Contemporary Curated
Co-Head of 20th Art | Middle East
+44 20 7293 5154
Turkish Art and Middle Eastern Art
+90 532 336 5549
Head of Office
Middle East and Indian Art
Sale Manager/Department Assistant
Middle East and Indian Art
020 7293 5379
Client Liaison & Business Development
Middle East & South Asia
+44 0207 293 5826
Middle East and Indian Art
Please note the following amendments to the printed catalogue the date for this lot should read circa 1980s and not as stated in the printed catalogue.
Submission of a bid for a lot in an online only auction
An Online Only Auction can be fast moving. Competitive bidding can often escalate very quickly. Once you have set up a verified account, you will be able to submit a bid for a Lot by entering your maximum bid and clicking the ‘Place Bid’ button which appears at Lot level on the Online Only Platform. If you haven’t already registered as a verified accountholder, you will be prompted to do so at that point. You will then be asked to review and confirm your maximum bid by pressing ‘Continue to Confirm Bid’ and in doing so your bid is submitted. You accept and agree that a bid is submitted using the ‘Continue to Confirm Bid’ button and increased bids are submitted as set out below.
Bids can be submitted through the Online Only Platform from the start of the Online Only Auction until the lot closes.
You may bid at or above the starting bid displayed on the Online Only Platform. You may also input a maximum id which, upon confirmation, will be executed automatically up to this predefined maximum value in response to other bids, including bids placed by Sotheby’s on behalf of the Seller, up to the amount of the Reserve (if applicable). Bids placed by Sotheby’s on behalf of the Seller, up to the amount of the Reserve, will be counted toward the total bid count displayed on the Online Only Platform. The current leading bid will be visible to all Bidders; the value and status of your maximum bid will be visible only to you, unless it is the leading bid. If the status of your bid changes, you will receive notifications via email and push (if you have the Sotheby’s App installed).
Enter your maximum bid (being the highest price you are willing to pay on the lot). The Online Only Platform will then place incremental bids on your behalf up to your maximum bid for as long as you are the highest bidder. Sotheby’s uses pre-determined bidding increments. Please refer to the bidding increments link which appears at Lot level on the Online Only Platform. In cases where two equivalent maximum bids are submitted, the first bid received will take priority.
Monitoring and increasing your bids
If you are outbid at any time you will receive an email notification informing you accordingly and providing a link to follow to increase your bid. We encourage you to monitor the bids on Lots throughout the duration of the Online Only Auction to ensure your status as the highest bidder up until the close of the Online Only Auction. Your updated bid is submitted by pressing ‘Continue to Confirm Bid’.
If you are using the Sotheby’s mobile application then the ‘Quick Bid’ option can also be used to submit a bid by either (i) swiping the ‘Quick Bid’ button all the way to the right of the screen; or (ii) pressing the ‘Quick Bid’ Button and then pressing the ‘Place Bid’ Button.
Closing the Online Only Auction
An end time is displayed for each Lot at Lot level on the Online Only Platform. Lots will close at the time stated at Lot level on the Online Only Platform unless a bid is placed within 1 minute of a Lot's scheduled end time. If this occurs, Sotheby’s will extend the sale of that Lot by 5 minutes from the time of the last bid. The extension of any Lot's closing time does not affect the closing time of the following Lots. This may result in Lots closing out of numerical order. Upon the closing of each Lot, you will receive another email and push notification indicating whether you have won or lost each Lot on which you have placed a bid.
A buyer’s premium will be added to the hammer price and is payable by the buyer as part of the total purchase price.
The buyer’s premium is 25% of the hammer price up to and including £300,000; 20% on any amount in excess of £300,000 up to and including £3,000,000; and 13.9% on any remaining amount in excess of £3,000,000.
These rates are exclusive of any applicable VAT.
After the Auction
Successful bidders will receive an invoice detailing their purchases and giving instructions for payment and clearance of goods.
Payment is due immediately after the sale and may be made by Sterling Wire Transfer or Sterling Cheque. Payments by Sterling Cash and by Credit/Debit Cards are also accepted subject to certain restrictions and/or surcharges – please see below.
• It is against Sotheby’s general policy to accept single or multiple related payments in the form of cash or cash equivalents in excess of the local currency equivalent of US$10,000.
• It is Sotheby’s policy to request any new clients or buyers preferring to make a cash payment to provide: proof of identity (by providing some form of government issued identification containing a photograph, such as a passport, identity card or driver’s licence) and confirmation of permanent address. Thank you for your co-operation.
Cheques should be made payable to Sotheby’s. Although personal and company cheques drawn in pounds sterling on UK banks are accepted, you are advised that property will not be released until such cheques have cleared unless you have a pre-arranged Cheque Acceptance Facility. Forms to facilitate this are available from the Post Sale Services Department.
Our bank account details are shown on our invoices. Please include your name, Sotheby’s account number and invoice number with your instructions to your bank. Please note that we reserve the right to decline payments received from anyone other than the buyer of record and that clearance of such payments will be required. Please contact our Post Sale Services Department if you have any questions concerning clearance.
Sotheby’s accepts payment by Visa, MasterCard, American Express and CUP credit and debit cards. . All cards are accepted in person at Sotheby’s premises at the address noted in the catalogue. With the exception of CUP, card payments may also be made (a) online at http://www.sothebys.com/en/invoice-payment.html; (b) via the Sotheby’s App; (c) by calling Post Sale Services at +44 (0)20 7293 5220; or (d) in person at Sotheby’s premises in London.
We reserve the right to seek identification of the source of funds received.
If you have opened a new account with Sotheby’s since 1 December 2002, and have not already provided appropriate identification, you will be asked to present documentation confirming your identity before your property or sale proceeds can be released to you. We may also contact you to request a bank reference. Please provide government issued photographic identification such as a passport, identity card or driver’s licence and confirm your permanent address.
The Conditions of Business require buyers to pay immediately for their purchases. However, in limited circumstances and with the seller’s agreement, Sotheby’s may grant buyers it deems creditworthy the option of paying for their purchases on an extended payment term basis. Credit terms must be arranged prior to the sale. In advance of determining whether to grant the extended payment terms, Sotheby’s may require credit references and proof of identity and residence.
US Economic Sanctions
The United States maintains economic and trade sanctions against targeted foreign countries, groups and organisations. There may be restrictions on the import into the United States of certain items originating in sanctioned countries, including Burma, Cuba, Iran, North Korea and Sudan. The purchaser’s inability to import any item into the US or any other country as a result of these or other restrictions shall not justify cancellation or rescission of the sale or any delay in payment. Please check with the specialist department if you are uncertain as to whether a lot is subject to these import restrictions, or any other restrictions on importation or exportation.
Please note that items marked with a ‘W’ in the catalogue will be sent to Sotheby’s Greenford Park Fine Art Storage Facility.
Loss or Damage
Buyers are reminded that Sotheby’s accepts liability for loss or damage to lots for a maximum period of thirty (30) days after the date of the live auction. Please refer to Condition 7 of the Conditions of Business for Buyers published below.
Sotheby’s offers a comprehensive shipping service although please note that due to the current circumstances surrounding COVID-19 shipping is currently not taking place. Our shipping calculator is available to help you determine the delivery charges in relation to the item of property on which you wish to bid.
For further assistance please contact:
Post Sale Services (Mon-Fri 9am to 5pm)
Tel +44 (0)20 7293 5220
Fax +44 (0)20 7293 5910
We will send you a quotation for shipping your purchase(s). Transit risk insurance may also be included in your quotation. If the quotation is accepted, we will arrange the shipping for you once shipping is available after receiving your written agreement to the terms of the quotation, financial release of the property and receipt of any export licence or certificates that may be required. Despatch will be arranged at the buyer’s expense. Sotheby’s may charge an administrative fee for arranging the despatch.
All shipments should be unpacked and checked on delivery and any discrepancies notified immediately to the party identified in your quotation and/or the accompanying documentation.
Export The export of any lot from the UK or import into any other country may be subject to one or more export or import licences being granted. It is the buyer’s responsibility to obtain any relevant export or import licence. The denial of any licence required or delay in obtaining such licence cannot justify the cancellation of the sale or any delay in making payment of the total amount due. Sotheby’s, upon request and for an administrative fee, may apply for a licence to export your lot(s) outside the UK.
Sotheby’s, upon request and for an administrative fee, may apply for a licence to export your lot(s) outside the UK. Please note that due to COVID-19 restrictions there will be significant delays in applying for, and obtaining, licences.
• An EU Licence is necessary to export cultural goods subject to the EU Regulation on the export of cultural property (EEC No. 3911/92, Official Journal No. L395 of 31/12/92) from the European Community.
• A UK Licence is necessary to move cultural goods valued at or above the relevant UK Licence limits from the UK.
For export outside the European Community, an EU Licence will be required for most items over 50 years of age with a value of over £41,018. The following is a selection of categories of items for which other value limits apply and for which an EU Licence may be required. It is not exhaustive and there are other restrictions.
EU Licence Thresholds
EU Licence threshold: Zero
Elements of artistic, historical or religious
EU Licence threshold: Zero
Manuscripts, documents and archives
(excluding printed matter)
EU Licence threshold: Zero
Architectural, scientific and engineering drawings produced by hand
EU Licence threshold: £13,271
Photographic positive or negative or any
assemblage of such photographs
EU Licence threshold: £13,217
Textiles (excluding carpets and tapestries)
EU Licence threshold: £44,236
Paintings in oil or tempera
EU Licence threshold: £132,708
Watercolours, gouaches and pastels
EU Licence threshold: £26,542
Prints, Engravings, Drawings and Mosaics
EU Licence threshold: £13,271
There are separate thresholds for exporting within the European Community. A UK Licence will be required for most items over 50 years of age with a value of over £65,000. Some exceptions are listed below:-
UK Licence Thresholds
Photographic positive or negative or any
assemblage of such photographs
UK Licence threshold: £10,000
Textiles (excluding carpets and tapestries)
UK Licence threshold: £12,000
British Historical Portraits
UK Licence threshold: £10,000
Sotheby’s recommends that you retain all import and export papers, including licences, as in certain countries you may be required to produce them to governmental authorities.
Endangered Species Items made of or incorporating plant or animal material, such as coral, crocodile, ivory, whalebone, tortoiseshell, etc., irrespective of age or value, may require a licence or certificate prior to exportation and require additional licences or certificates upon importation to any country outside the EU. Please note that the ability to obtain an export licence or certificate does not ensure the ability to obtain an import licence or certificate in another country, and vice versa. For example, it is illegal to import African elephant ivory into the United States and there are other restrictions on the importation of ivory into the US under certain US regulations which are designed to protect wildlife conservation.
Sotheby’s suggests that buyers check with their own government regarding wildlife import requirements prior to placing a bid. It is the buyer’s responsibility to obtain any export or import licences and/or certificates as well as any other required documentation (please refer to Condition 11 of the Conditions of Business for Buyers published below). Please note that Sotheby’s is not able to assist buyers with the shipment of any lots containing ivory and/or other restricted materials into the US. A buyer’s inability to export or import these lots cannot justify a delay in payment or a sale’s cancellation.
CONSUMER CANCELLATION RIGHTS
In this auction where the seller of property is an “Online Trader” and the buyer is an “Online Consumer” located in the European Union or United Kingdom, the buyer has the right to cancel the purchase for the period of 14 days starting on the day after they or their agent takes physical possession of the property. An Online Trade is someone acting in their trade, business, craft or profession. An Online Consumer is acting outside their trade, business, craft or profession.
Any cancellation notice should be sent to firstname.lastname@example.org. The property must then be returned to Sotheby’s, at the Online Consumer’s expense, no later than fourteen days after providing the cancellation notice. Once we have received the returned item, Sotheby’s will refund the Online Consumer but may make a deduction is any loss is value has been caused by unnecessary handling.
Where the seller is not an Online Trader, Online Consumers are still able to cancel shipping services but will have to pay an amount in proportion to the value of services that have been performed by the time the cancellation right is exercised.
EXPLANATION OF SYMBOLS
The following key explains the symbols you may see beside the lots of property included in this sale.
⃝ " Guaranteed Property
The seller of lots with this symbol has been guaranteed a minimum price from one auction or a series of auctions. This guarantee may be provided by Sotheby’s or jointly by Sotheby’s and a third party. Sotheby’s and any third parties providing a guarantee jointly with Sotheby’s benefit financially if a guaranteed lot is sold successfully and may incur a loss if the sale is not successful. A third party providing a guarantee jointly with Sotheby’s may provide an irrevocable bid, or otherwise bid, on the guaranteed property. If the Guaranteed Property symbol for a lot is not included in the printing of the auction catalogue, a pre-sale or pre-lot announcement will be made indicating that there is a guarantee on the lot. If every lot in a catalogue is -guaranteed, the Important Notices in the sale catalogue will so state and this symbol will not be used for each lot.
△ Property in which Sotheby’s has an Ownership Interest
Lots with this symbol indicate that Sotheby’s owns the lot in whole or in part or has an economic interest in the lot equivalent to an ownership interest.
⋑ Irrevocable Bids
Lots with this symbol indicate that a party has provided Sotheby’s with an irrevocable bid on the lot that will be executed during the sale at a value that ensures that the lot will sell. The irrevocable bidder, who may bid in excess of the irrevocable bid, may be compensated for providing the irrevocable bid by receiving a contingent fee, a fixed fee or both. If the irrevocable bidder is the successful bidder, any contingent fee, fixed fee or both (as applicable) for providing the irrevocable bid may be netted against the irrevocable bidder’s obligation to pay the full purchase price for the lot and the purchase price reported for the lot shall be net of any such fees. From time to time, Sotheby’s may enter into irrevocable bid agreements that cover multiple lots. In such instances, the compensation Sotheby’s will pay the irrevocable bidder is allocated to the lots for which the irrevocable bidder is not the successful purchaser. Under such circumstances, the total compensation to the irrevocable bidder will not exceed the total buyer’s premium and other amounts paid to Sotheby’s in respect of any lots for which the irrevocable bidder is not the successful bidder. If the irrevocable bid is not secured until after the printing of the auction catalogue, Sotheby’s will notify bidders that there is an irrevocable bid on the lot by one or more of the following means: a pre-sale or pre-lot announcement, by written notice at the auction or by including an irrevocable bid symbol in the e-catalogue for the sale prior to the auction. From time to time, Sotheby’s or any affiliated company may provide the irrevocable bidder with financing related to the irrevocable bid. If the irrevocable bidder is advising anyone with respect to the lot, Sotheby’s requires the irrevocable bidder to disclose his or her financial interest in the lot. If an agent is advising you or bidding on your behalf with respect to a lot identified as being subject to an irrevocable bid, you should request that the agent disclose whether or not he or she has a financial interest in the lot.
⊻ Interested Parties
Lots with this symbol indicate that parties with a direct or indirect interest in the lot may be bidding on the lot, including (i) the beneficiary of an estate selling the lot, or (ii) the joint owner of a lot. If the interested party is the successful bidder, they will be required to pay the full buyer’s premium. In certain instances, interested parties may have knowledge of the reserve. In the event the interested party’s possible participation in the sale is not known until after the printing of the auction catalogue, a pre-lot announcement will be made indicating that interested parties may be bidding on the lot.
□ No Reserve
Unless indicated by a box □, all lots included in this sale are offered subject to a reserve. A reserve is the confidential hammer price established between Sotheby’s and the seller and below which a lot will not be sold. The reserve is generally set at a percentage of the low estimate and will not exceed the low estimate for the lot.
Where a lot is offered “without reserve” absentee bids will be executed at a minimum of 10% of the low estimate. If any lots included in a sale are offered without a reserve, these lots are indicated by a box □. If all lots included in a sale are offered without a reserve, a Special Notice will be included to this effect and the box symbol will not be used for each lot.
⊕ Property Subject to the Artist’s Resale Right
Purchase of lots marked with this symbol ⊕ will be subject to payment of the Artist’s Resale Right, at a percentage of the hammer price calculated as follows:
Portion of the hammer price (in €)
From 0 to 50,000 4%
From 50,000.01 to 200,000 3%
From 200,000.01 to 350,000 1%
From 350,000.01 to 500,000 0.5%
Exceeding 500,000 0.25%
The Artist’s Resale Right payable will be the aggregate of the amounts payable under the above rate bands, subject to a maximum royalty payable of 12,500 euros for any single work each time it is sold. The maximum royalty payable of 12,500 euros applies to works sold for 2 million euros and above. Calculation of the artist’s resale right will be based on the pound sterling / Euro reference exchange rate quoted on the date of the sale by the European Central Bank.
⦿ Restricted Materials
Lots with this symbol have been identified at the time of cataloguing as containing organic material which may be subject to restrictions regarding import or export. The information is made available for the convenience of Buyers and the absence of the Symbol is not a warranty that there are no restrictions regarding import or export of the Lot; Bidders should refer to Condition 11 of the Conditions of Business for Buyers. Please also refer to the section on Endangered Species in the Buying at Auction Guide. As indicated in the Endangered Species section, Sotheby’s is not able to assist buyers with the shipment of any lots with this symbol into the US. A buyer’s inability to export or import any lots with this symbol cannot justify a delay in payment or a sale’s cancellation.
Lots with this symbol may, in our opinion, require special handling or shipping services due to size or other physical considerations. Buyers are advised to inspect the lot and to contact Sotheby’s prior to the sale to discuss any specific shipping requirements.
✧ Premium Lot
In order to bid on “Premium Lots” (in print catalogue or ² in eCatalogue) you will be requested to complete a Premium Lot pre-registration application. You must arrange for Sotheby’s to receive your pre-registration application at least three working days before the sale. Please bear in mind that we are unable to obtain financial references over weekends or public holidays. Sotheby’s decision whether to accept any pre-registration application shall be final. If your application is accepted, you will be provided with a special paddle number. If all lots in the catalogue are “Premium Lots”, a Special Notice will be included to this effect and this symbol will not be used.
Please refer to VAT information for Buyers for VAT symbols used in this sale. Value Added Tax (VAT) may be payable on the hammer price and/or the buyer’s premium. Buyer’s premium may attract a charge in lieu of VAT. Please read carefully the “VAT INFORMATION FOR BUYERS” printed below.
VAT AND OTHER TAX
INFORMATION FOR BUYERS
The following paragraphs are intended to give general guidance to buyers on the VAT and certain other potential tax implications of purchasing property at Sotheby’s. The information concerns the most usual circumstances and is not intended to be complete. In all cases the relevant tax legislation takes precedence and the VAT rates in effect on the day of the live auction will be the rates charged except for lots sold subject to Temporary Admission for which the applicable rate will be that in force at the time of collection. It should be noted that, for VAT purposes only, Sotheby’s is not usually treated as an agent and most property is sold as if it is the property of Sotheby’s.
In the following paragraphs, reference to VAT symbols shall mean those symbols located beside the lot number or the pre-sale estimates in the cataloguing (or amending sale room notice).
1. Property with no VAT symbol
Where there is no VAT symbol, Sotheby’s is able to use the Auctioneer’s Margin Scheme and VAT will not normally be charged on the hammer price.
Sotheby’s must bear VAT on the buyer’s premium and hence will charge an amount in lieu of VAT at the standard rate on this premium. This amount will form part of the buyer’s premium on our invoice and will not be separately identified. A limited range of goods, including most books, are not liable to VAT and therefore no amount in lieu of VAT will be added to the premium.
Please see ‘Exports from the European Union’ for the conditions to be fulfilled before the amount in lieu of VAT on the buyer’s premium may be cancelled or refunded.
(VAT-registered buyers from within the European Union (EU) should note that the amount in lieu of VAT contained within the buyer’s premium cannot be cancelled or refunded by Sotheby’s or HM Revenue and Customs.)
Buyers requiring an invoice under the normal VAT rules, instead of a margin scheme invoice, should notify the Post Sale Service Group or the Client Accounts Department on the day of the live auction and an invoice with VAT on the hammer price will be raised. Buyers requiring re-invoicing under the normal VAT rules subsequent to a margin scheme invoice having been raised should contact the Client Accounts Department for assistance.
2. Property with a † symbol
These items will be sold under the normal UK VAT rules and VAT will be charged at the standard rate on both the hammer price and buyer’s premium.
Please see ‘Exports from the European Union’ for the conditions to be fulfilled before the VAT charged on the hammer price may be cancelled or refunded.
(VAT-registered buyers from other EU countries may have the VAT cancelled or refunded if they provide Sotheby’s with their VAT registration number and evidence that the property has been removed from the UK within three months of the date of sale. The evidence of removal required is a certificate of shipment or, if the lots were carried by hand, proof of travel and completion of a form available from the Post Sale Service Group.
3. Property with a ¥á symbol
Items sold to buyers whose address is in the EU will be assumed to be remaining in the EU. The property will be invoiced as if it had no VAT symbol (see ‘Property with no VAT symbol’ above). However, if the property is to be exported from the EU, Sotheby’s will re-invoice the property under the normal VAT rules (see ‘Property sold with a † symbol’ above) as requested by the seller.
Items sold to buyers whose address is outside the EU will be assumed to be exported from the EU. The property will be invoiced under the normal VAT rules (see ‘Property sold with a † symbol’ above). Although the hammer price will be subject to VAT this will be cancelled or refunded upon export - see ‘Exports from the European Union’. However, buyers who are not intending to export their property from the EU should notify our Client Accounts Department on the day of the sale and the property will be re-invoiced showing no VAT on the hammer price (see ‘Property sold with no VAT symbol’ above).
4. Property sold with a ‡ or Ω symbol
These items have been imported from outside the EU to be sold at auction under Temporary Admission. When Sotheby’s releases such property to buyers in the UK, the buyer will become the importer and must pay Sotheby’s import VAT at the following rates on the hammer price:
‡ - the reduced rate
Ω - the standard rate
You should also note that the appropriate rate will be that in force on the date of collection of the property from Sotheby’s and not that in force at the date of the sale.
These lots will be invoiced under the margin scheme. Sotheby’s must bear VAT on the buyer’s premium and hence will charge an amount in lieu of VAT at the standard rate on this premium. This amount will form part of the buyer’s premium on our invoice and will not be separately identified.
(VAT-registered buyers from the EU should note that the import VAT charged on property released in the UK cannot be cancelled or refunded by Sotheby’s, however you may be able to seek repayment) by applying to HM Revenue and Customs - see ‘VAT Refunds from HM Revenue and Customs’)
(VAT-registered buyers from the UK should note that the invoice issued by Sotheby’s for these items is not suitable evidence in respect of import VAT.)
On request, immediately after sale, the Temporary Admission Department can either ask HM Revenue and Customs to generate a C79 certificate (for UK buyers), or obtain a copy of the import C88 (for other EU VAT registered buyers), which may be used to claim recovery of the VAT. Otherwise Sotheby’s may re-invoice the lot as if it had been sold with a † symbol and charge VAT at the standard rate on both the hammer price and premium and provide a tax invoice to the buyer. This may enable a buyer who is VAT registered elsewhere in the EU to avoid payment of VAT in the United Kingdom. Re-invoicing in this way may make the lot ineligible to be re-sold using the margin scheme.
Sotheby’s will transfer all lots sold subject to Temporary Admission to its Customs warehouse immediately after sale.
5. Exports from the European Union
The following amounts of VAT may be cancelled or refunded provided Sotheby’s receive the appropriate export documents within the time limits stated:
Property with no VAT symbol (see paragraph 1)
The amount in lieu of VAT charged on Buyer’s Premium may be refunded provided the purchaser resides outside of the United Kingdom and the property is exported from the EU within 3 months of the sale. Sotheby’s must be provided with the appropriate proof of export immediately after export of the goods.
Property with a † symbol
The VAT charged upon the hammer price may be refunded provided the purchaser resides outside of the United Kingdom and the property is exported from the EU within 3 months of the sale. Sotheby’s must be provided with the appropriate proof of export immediately after export of the goods.
Property with a ‡ or a Ω symbol
The Temporary Admission VAT charged on the hammer price may be refunded under the following circumstances:-
• Sotheby’s is instructed to ship the property to a place outside the EU
• The property is hand carried from the UK directly outside the EU and Sotheby’s pre lodge the export entry with HMRC
• The VAT liability is transferred to your shipper’s own Temporary Admission or Customs Warehouse arrangement prior to collection from Sotheby’s.
Under all other circumstances Sotheby’s is required to complete the importation and pay the VAT due to HM Revenue and Customs prior to the property leaving its premises and so a VAT refund will not be possible.
Proof of export required
• for lots sold under the margin scheme (no VAT symbol) or the normal VAT rules († symbol), Sotheby’s is provided with appropriate documentary proof of export from the EU. Buyers carrying their own property should obtain hand-carry papers from the Shipping department to facilitate this process.
• for lots sold under Temporary Admission (‡ or Ω symbols), and subsequently transferred to Sotheby’s Customs Warehouse (into Bond). The property must be shipped as described above in the paragraph headed Property with a ‡ or a Ω symbol.
• buyers carrying their own property must obtain hand-carry papers from the Shipping Department for which a small administrative charge will be made. The VAT refund will be processed once the appropriate paperwork has been returned to Sotheby’s.
• Sotheby’s is not able to cancel or refund any VAT charged on sales made to UK or EU private residents unless the lot is subject to Temporary Admission and the property is exported from the EU and the requisite export papers provided to Sotheby’s within one month of collection of the property.
• Sotheby’s is not able to cancel or refund any VAT charged on sales to UK or EU private residents unless the lot is subject to Temporary Admission and is shipped as described above.
Buyers intending to export, repair, restore or alter lots sold under Temporary Admission (‡ or Ω symbols) and therefore transferred to Customs Warehouse after sale should notify the Shipping Department before collection. Failure to do so may result in the import VAT becoming payable immediately and Sotheby’s being unable to refund the VAT charged on deposit.
6. VAT Refunds from HM Revenue and Customs
Where VAT charged cannot be cancelled or refunded by Sotheby’s, it may be possible to seek repayment from HM Revenue and Customs. Repayments in this manner are limited to businesses located outside the UK.
Claim forms are available from:
HM Revenue and Customs
VAT Overseas Repayments Unit
PO Box 34, Foyle House
Duncreggan Road, Londonderry
Northern Ireland, BT48 7AE
Tel: +44 (0)2871 305100
Fax: +44 (0)2871 305101
7. Sales and Use Taxes
Buyers should note that local sales taxes or use taxes may become payable upon import of items following purchase (for example, use tax may be due when purchased items are imported into certain states in the US). Buyers should obtain their own advice in this regard.
In the event that Sotheby’s ships items for a purchaser in this sale to a destination within a US state in which Sotheby’s is registered to collect sales tax, Sotheby’s is obliged to collect and remit the respective state’s sales / use tax in effect on the total purchase price (including hammer price, buyer’s premium, artist’s resale right levy and any requested shipping services including insurance, as applicable) of such items, regardless of the country in which the purchaser resides or is a citizen. Where the purchaser has provided Sotheby’s with a valid Resale Exemption Certificate prior to the release of the property, sales / use tax will not be charged. Clients who wish to provide resale or exemption documentation for their purchases should contact Post Sale Services.
Clients who wish to have their purchased lots shipped to the US by Sotheby’s are advised to contact the Post Sale Manager listed in the front of this catalogue before arranging shipping.
conditions of business for buyers
The nature of the relationship between Sotheby’s, Sellers and Bidders and the terms on which Sotheby’s (as auctioneer) and Sellers contract with Bidders are set out below.
Bidders’ attention is specifically drawn to Conditions 3 and 4 below, which require them to investigate lots prior to bidding and which contain specific limitations and exclusions of the legal liability of Sotheby’s and Sellers. The limitations and exclusions relating to Sotheby’s are consistent with its role as auctioneer of large quantities of goods of a wide variety and Bidders should pay particular attention to these Conditions.
(a) Sotheby’s and Sellers’ contractual relationship with prospective Buyers is governed by:
(i) these Conditions of Business;
(ii) the Conditions of Business for Sellers displayed in the saleroom and which are available upon request from Sotheby’s UK salerooms or by telephoning +44 (0)20 7293 6482;
(iii) Sotheby’s Authenticity Guarantee as published below;
(iv) any additional notices and terms published by Sotheby’s, including the guide to Buying at Auction; and
(v) in respect of online bidding via an Online Platform, the Additional Terms and Conditions for Online Bidding published below and available on www.sothebys.com and the Sotheby’s App, in each case as amended by any saleroom notice or auctioneer’s announcement at the live auction.
(b) As auctioneer, Sotheby’s acts as agent for the Seller. A sale contract is made directly between the Seller and the Buyer. However, Sotheby’s may own a lot (and in such circumstances acts in a principal capacity as Seller) and/or may have a legal, beneficial or financial interest in a lot as a secured creditor or otherwise.
2. Common Terms
In these Conditions of Business:
“ARR” is applicable artist resale right royalty payable by the Buyer on the qualifying Property;
“Bidder” is any person considering, making or attempting to make a bid, by whatever means, and includes Buyers;
“Buyer” is the person who makes the highest bid or offer accepted by the auctioneer, and includes such person’s principal when bidding as agent;
“Buyer’s Expenses” are any costs or expenses due to Sotheby’s from the Buyer, including an amount in respect of any applicable VAT thereon, and any Artist’s Resale Right levy payable in respect of the sale of the Property;
“Buyer’s Premium” is the commission payable by the Buyer on the Hammer Price at the rates set out in the guide to Buying at Auction plus any applicable VAT or an amount in lieu of VAT;
“Counterfeit” is as defined in Sotheby’s Authenticity Guarantee;
“Hammer Price” is the highest bid accepted by the auctioneer by the fall of the hammer, (in the case of wine, as apportioned pro-rata by reference to the number of separately identified items in that lot), or in the case of a post-auction sale, the agreed sale price;
“Purchase Price” is the Hammer Price and applicable Buyer’s Premium, ARR and VAT;
“Reserve” is the (confidential) minimum Hammer Price at which the Seller has agreed to sell a lot;
“Seller” is the person offering a lot for sale (including their agent (other than Sotheby’s), executors or personal representatives);
“Sotheby’s” means Sotheby’s, the unlimited company which has its registered office at 34-35 New Bond Street, London W1A 2AA;
“Sotheby’s Company” means both Sotheby’s in the USA and any of its subsidiaries (including Sotheby’s in London) and Sotheby’s Diamonds SA and its subsidiaries (in each case “subsidiary” having the meaning of Section 1159 of the Companies Act 2006);
“VAT” is Value Added Tax at the prevailing rate. Further information is contained in the guide to Buying at Auction.
3. Duties of Bidders and of Sotheby’s in respect of items for sale
(a) Sotheby’s knowledge in relation to each lot is partially dependent on information provided to it by the Seller, and Sotheby’s is not able to and does not carry out exhaustive due diligence on each lot. Bidders acknowledge this fact and accept responsibility for carrying out inspections and investigations to satisfy themselves as to the lots in which they may be interested.
(b) Each lot offered for sale at Sotheby’s is available for inspection by Bidders prior to the sale. Sotheby’s accepts bids on lots solely on the basis that Bidders (and independent experts on their behalf, to the extent appropriate given the nature and value of the lot and the Bidder’s own expertise) have fully inspected the lot prior to bidding and have satisfied themselves as to both the condition of the lot and the accuracy of its description.
(c) Bidders acknowledge that many lots are of an age and type which means that they are not in perfect condition. All lots are offered for sale in the condition they are in at the time of the auction (whether or not Bidders are in attendance at the auction). Condition reports may be available to assist when inspecting lots. Catalogue descriptions and condition reports may on occasions make reference to particular imperfections of a lot, but Bidders should note that lots may have other faults not expressly referred to in the cataloguing or condition report. Illustrations are for identification purposes only and will not convey full information as to the actual condition of lots.
(d) Information provided to Bidders in respect of any lot, including any estimate, whether written or oral and including information in any cataloguing, condition or other report, commentary or valuation, is not a representation of fact but rather is a statement of opinion genuinely held by Sotheby’s. Any estimate may not be relied on as a prediction of the selling price or value of the lot and may be revised from time to time in Sotheby’s absolute discretion.
(e) No representations or warranties are made by Sotheby’s or the Seller as to whether any lot is subject to copyright or whether the Buyer acquires copyright in any lot.
(f) Subject to the matters referred to at 3(a) to 3(e) above and to the specific exclusions contained at Condition 4 below, Sotheby’s shall exercise such reasonable care when making express statements in catalogue descriptions or condition reports as is consistent with its role as auctioneer of lots in the sale to which these Conditions relate, and in the light of:
(i) the information provided to it by the Seller;
(ii) scholarship and technical knowledge; and
(iii) the generally accepted opinions of relevant experts, in each case at the time any such express statement is made.
4. Exclusions and limitations of liability to Buyers
(a) Sotheby’s shall refund the Purchase Price to the Buyer in circumstances where it deems that the lot is a Counterfeit and each of the conditions of the Authenticity Guarantee has been satisfied.
(b) In the light of the matters in Condition 3 above and subject to Conditions 4(a) and 4(e), neither any Sotheby’s Company nor the Seller:
(i) is liable for any errors or omissions in information provided to Bidders by Sotheby’s (or any Sotheby’s Company), whether orally or in writing, whether negligent or otherwise, except as set out in Condition 3(f) above;
(ii) gives any guarantee or warranty to Bidders and any implied warranties and conditions are excluded (save in so far as such obligations cannot be excluded by law) other than the express warranties given by the Seller to the Buyer in Condition 2 of the Sellers’ Conditions of Business;
(iii) accepts responsibility to any Bidders in respect of acts or omissions (whether negligent or otherwise) by Sotheby’s in connection with the conduct of auctions or for any matter relating to the sale of any lot.
(c) Unless Sotheby’s owns a lot offered for sale, it is not responsible for any breach of these conditions by the Seller.
(d) Without prejudice to Condition 4(b), any claim against Sotheby’s or the Seller by a Bidder is limited to the Purchase Price with regard to that lot. Neither Sotheby’s nor the Seller shall under any circumstances be liable for any consequential losses.
(e) None of this Condition 4 shall exclude or limit Sotheby’s liability in respect of any fraudulent misrepresentation made by Sotheby’s or the Seller, or in respect of death or personal injury caused by the negligent acts or omissions of Sotheby’s or the Seller.
5. Bidding at Auction
(a) Sotheby’s has absolute discretion to refuse admission to the live auction. Bidders who wish to bid in person must complete a Paddle Registration Form and supply such information and references as required by Sotheby’s. Bidders act as principal unless they have Sotheby’s prior written consent to bid as agent for another party. Bidders are personally liable for their bid and are jointly and severally liable with their principal if bidding as agent.
(b) Where available, telephone bids are offered as an additional service for no extra charge, at the Bidder’s risk and shall be undertaken with reasonable care subject to Sotheby’s other commitments at the time of the live auction; Sotheby’s therefore cannot accept liability for failure to place such bids save where such failure is unreasonable. Telephone bids may be recorded.
(c) Online bids are made subject to the Additional Terms and Conditions for Online Bidding (published below and available on www.sothebys.com or via the Sotheby’s App) which apply in relation to bids submitted via an Online Platform, in addition to these Conditions of Business.
6. Conduct of the Auction
(a) Unless otherwise specified, all lots are offered subject to a Reserve, which shall be no higher than the low presale estimate at the start of the live auction.
(b) The auctioneer has discretion at any time to refuse any bid, withdraw any lot, re-offer a lot for sale (including after the fall of the hammer) if he believes there may be error or dispute, and take such other action as he reasonably thinks fit.
(c) During the live auction, the auctioneer will commence and advance the bidding at levels and in increments he considers appropriate and is entitled to place a bid or series of bids on behalf of the Seller up to the Reserve on the lot, without indicating he is doing so and whether or not other bids are placed.
(d) Subject to Condition 6(b), the contract between the Buyer and the Seller is concluded on the striking of the auctioneer’s hammer, whereupon the Buyer becomes liable to pay the Purchase Price.
(e) Any post-auction sale of lots offered at auction shall incorporate these Conditions as if sold in the live auction.
7. Payment and Collection
(a) Unless otherwise agreed, payment of the Purchase Price for a lot and any Buyer’s Expenses are due by the Buyer in pounds sterling immediately on conclusion of the live auction (the “Due Date”) notwithstanding any requirements for export, import or other permits for such lot.
(b) Title in a purchased lot will not pass until Sotheby’s has received the Purchase Price and Buyer’s Expenses for that lot in cleared funds. Sotheby’s is not obliged to release a lot to the Buyer until title in the lot has passed and appropriate identification has been provided, and any earlier release does not affect the passing of title or the Buyer’s unconditional obligation to pay the Purchase Price and Buyer’s Expenses.
(c) The Buyer is obliged to arrange collection of purchased lots no later than thirty (30) calendar days after the date of the live auction. Purchased lots are at the Buyer’s risk (and therefore their sole responsibility for insurance) from the earliest of i) collection or ii) the thirty-first calendar day after the live auction. Until risk passes, Sotheby’s will compensate the Buyer for any loss or damage to the lot up to a maximum of the Purchase Price paid. Buyers should note that Sotheby’s assumption of liability for loss or damage is subject to the exclusions set out in Condition 6 of the Conditions of Business for Sellers.
(d) For all items stored by a third party and not available for collection from Sotheby’s premises, the supply of authority to release to the Buyer shall constitute collection by the Buyer.
(e) All packing and handling is at the Buyer’s risk. Sotheby’s will not be liable for any acts or omissions of third party packers or shippers.
8. Remedies for non-payment
Without prejudice to any rights the Seller may have, if the Buyer without prior agreement fails to make payment for the lot within five days of the live auction, Sotheby’s may in its sole discretion (having informed the Seller) exercise one or more of the following remedies:
(a) store the lot at its premises or elsewhere at the Buyer’s sole risk and expense;
(b) cancel the sale of the lot;
(c) set off any amounts owed to the Buyer by a Sotheby’s Company against any amounts owed to Sotheby’s by the Buyer in respect of the lot;
(d) apply any payments made to Sotheby’s by the buyer as part of the Purchase Price and Buyer’s Expenses towards that or any other lot purchased by the Buyer, or to any shortfall on the resale of any lot pursuant to paragraph (h) below, or to any damages suffered by Sotheby’s as a result of breach of contract by the Buyer;
(e) reject future bids from the Buyer or render such bids subject to payment of a deposit;
(f) charge interest at 6% per annum above HSBC Bank plc Base Rate from the Due Date to the date the Purchase Price and relevant Buyer’s Expenses are received in cleared funds (both before and after judgement);
(g) exercise a lien over any of the Buyer’s property which is in the possession of a Sotheby’s Company. Sotheby’s shall inform the Buyer of the exercise of any such lien and within 14 days of such notice may arrange the sale of such property and apply the proceeds to the amount owed to Sotheby’s;
(h) resell the lot by auction or private sale, with estimates and reserves at Sotheby’s discretion. In the event such resale is for less than the Purchase Price and Buyer’s Expenses for that lot, the Buyer will remain liable for the shortfall together with all costs incurred in such resale;
(i) commence legal proceedings to recover the Purchase Price and Buyer’s Expenses for that lot, together with interest and the costs of such proceedings on a full indemnity basis; or
(j) release the name and address of the Buyer to the Seller to enable the Seller to commence legal proceedings to recover the amounts due and legal costs. Sotheby’s will take reasonable steps to notify the Buyer prior to releasing such details to the Seller.
9. Bidder’s AND/OR Buyer’s Warranties
(a) The Bidder and/or Buyer warrants that:
(i) The Bidder and/or Buyer is not subject to trade sanctions, embargoes or any other restriction on trade in the jurisdiction in which it does business as well as under the laws of the European Union, the laws of England and Wales, or the laws and regulations of the United States, and is not owned (nor partly owned) or controlled by such sanctioned person(s) (collectively, “Sanctioned Person(s)”); and
(ii) the funds used for purchase and settlement of the lot(s) are not connected with nor have any link to nor are derived from any criminal activity, including without limitation tax evasion, money laundering, terrorist activities or other criminal activity, and the Bidder/Buyer is neither under investigation, nor has been charged with or convicted of without limitation, tax evasion, money laundering, terrorist activities or other criminal activity.
(b) Where the Bidder is bidding on behalf of another person or acting as agent (in either case, for the purposes of this Condition 9(b), the “Agent”) for another party (the “Principal(s)”), the Agent warrants in its own capacity (in addition to the warranties set out in Condition 9(a)) that:
(i) the Principal(s) is not a Sanctioned Person(s) nor owned (or partly owned) or controlled by Sanctioned Person(s);
(ii) the funds used for purchase and settlement of the lot(s) are not connected with, nor have any link to any criminal activity, including without limitation tax evasion, money laundering, terrorist activities or other criminal activity and that the arrangements between the Agent and the Principal(s) of the lot(s) or otherwise do not, in whole or in part facilitate tax crimes;
(iii) the lot(s) purchased by the Agent or the Principal(s) is not being purchased for the purposes of, or being used in any way connected with, or to facilitate breaches of any applicable tax, anti-money laundering or anti-terrorism laws or regulations;
(iv) the Agent has conducted appropriate customer due diligence on the Principal(s) of the lot(s) in accordance with all applicable anti-money laundering and sanctions laws and regulations and the Agent does not know and has no reason to suspect that the funds used for settlement are derived from or connected with proceeds of any criminal activity including without limitation tax evasion, or that the ultimate buyer(s) is under investigation, or has been charged with or convicted of money laundering, terrorist activities or other criminal activity; and
(v) the Agent consents to Sotheby’s relying on the Agent’s customer due diligence, and the Agent will retain for a period of not less than 5 years the documentation evidencing the Agent’s customer due diligence. The Agent will make such documentation promptly available for immediate inspection by an independent third-party auditor upon Sotheby’s written request to do so.
(c) The Bidder and/or Buyer hereby undertakes and warrants that none of the funds used for purchase and settlement will be funded by any Sanctioned Person(s), nor will any party involved in the transaction including financial institutions, freight forwarders or other forwarding agents or any other party be a Sanctioned Person(s) nor owned (or partly owned) or controlled by a Sanctioned Person(s), unless such activity is authorized in writing by the government authority having jurisdiction over the transaction or in applicable law or regulation.
(d) Sotheby’s reserves the right to seek identification of the source of funds received, and to make enquiries about any person transacting with Sotheby’s. If Sotheby’s has not completed its enquiries in respect of anti-money laundering, anti-terrorist financing or other checks as it considers appropriate concerning the Bidder and/or Buyer or the Seller to Sotheby’s satisfaction at its discretion, Sotheby’s shall be entitled either not to complete or to cancel the sale of any lot, as appropriate, and to take any further action required or permitted under applicable law without any liability to the Bidder and/or Buyer.
10. Failure to collect purchases
(a) If the Buyer pays the Purchase Price and Buyer’s Expenses but fails to collect a purchased lot within thirty calendar days of the live auction, the lot will be stored at the Buyer’s expense (and risk) at Sotheby’s or with a third party.
(b) If a purchased lot is paid for but not collected within six months of the live auction, the Buyer authorises Sotheby’s, having given notice to the Buyer, to arrange a resale of the item by auction or private sale, with estimates and reserves at Sotheby’s discretion. The proceeds of such sale, less all costs incurred by Sotheby’s, will be forfeited unless collected by the Buyer within two years of the original live auction.
11. Export and Permits
It is the Buyer’s sole responsibility to identify and obtain any necessary export, import, firearm, endangered species or other permit for the lot. Any symbols or notices published in respect of the lot reflect Sotheby’s reasonable opinion at the time of cataloguing and offer Bidders general guidance only. Without prejudice to Conditions 3 and 4 above, Sotheby’s and the Seller make no representations or warranties as to whether any lot is or is not subject to export or import restrictions or any embargoes. The denial of any permit or licence shall not justify cancellation or rescission of the sale contract or any delay in payment.
(a) All images and other materials produced for the auction are the copyright of Sotheby’s, for use at Sotheby’s discretion.
(b) Notices to Sotheby’s should be in writing and addressed to the department in charge of the sale, quoting the reference number of the sale. Notices to Sotheby’s clients shall be addressed to the last address formally notified by them to Sotheby’s.
(c) Should any provision of these Conditions of Business be held unenforceable for any reason, the remaining provisions shall remain in full force and effect.
(d) These Conditions of Business are not assignable by any Buyer without Sotheby’s prior written consent, but are binding on Buyers’ successors, assigns and representatives. No act, omission or delay by Sotheby’s shall be deemed a waiver or release of any of its rights.
(e) The Contracts (Rights of Third Parties) Act 1999 is excluded by these Conditions of Business and shall not apply to any contract made pursuant to them.
(f) The materials listed in Condition 1(a) above set out the entire agreement and understanding between the parties with respect to the subject matter hereof. It is agreed that, save in respect of liability for fraudulent misrepresentation, no party has entered into any contract pursuant to these terms in reliance on any representation, warranty or undertaking which is not expressly referred to in such materials.
13. Data Protection
14. Law and Jurisdiction
Governing Law These Conditions of Business and all aspects of all matters, transactions or disputes to which they relate or apply (including any online bids in the sale to which these Conditions apply) shall be governed by and interpreted in accordance with English law.
Jurisdiction For the benefit of Sotheby’s, all Bidders and Sellers agree that the Courts of England 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 Business relate or apply. All parties agree that Sotheby’s shall retain the right to bring proceedings in any court other than the Courts of England.
Service of Process All Bidders and Sellers irrevocably consent to service of process or any other documents in connection with proceedings in any court by facsimile transmission, personal service, delivery by mail or in any other manner permitted by English law, the law of the place of service or the law of the jurisdiction where proceedings are instituted, at the last address of the Buyer or Seller known to Sotheby’s or any other usual address.
LIABILITY FOR LOSS OR DAMAGE
Buyers are reminded that Sotheby’s accepts liability for loss or damage to lots for a maximum period of thirty (30) calendar days after the date of the live auction. Please refer to Condition 7 of the Conditions of Business for Buyers.
Estimates in euros and US Dollars
As a guide to potential buyers, estimates for this sale are also shown in Euros and US Dollars. The estimates printed in the catalogue in Pounds Sterling have been converted at the following rate, which was current at the time of printing. These estimates may have been rounded:
£1 = US$1.31
£1 = €1.17
By the date of the sale this rate is likely to have changed, and buyers are recommended to check before bidding.
During the sale Sotheby’s may provide a screen to show currency conversions as bidding progresses. This is intended for guidance only and all bidding will be in Pounds Sterling. Sotheby’s is not responsible for any error or omissions in the operation of the currency converter.
Payment for purchases is due in Pounds Sterling, however the equivalent amount in any other currency will be accepted at the rate prevailing on the day that payment is received in cleared funds.
Settlement is made to vendors in the currency in which the sale is conducted, or in another currency on request at the rate prevailing on the day that payment is made by Sotheby’s.
liability for loss or damage for purchased lots
Purchasers are requested to arrange clearance as soon as possible and are reminded that Sotheby’s accepts liability for loss or damage to lots for a maximum period of thirty (30) calendar days following the date of the auction. Please refer to condition 7 of the Conditions of Business for Buyers.
Collection of Lots marked ‘W’
All purchased lots marked in the catalogue with a W will be transferred from the saleroom to Sotheby’s Greenford Park Fine Art Storage Facility on the day of the sale. Collection can be made from Sotheby’s Greenford Park two days after the sale, but not on the day immediately following the sale.
Exceptions to this procedure will be notified by auction room notice and announced at the time of the sale. After 30 days storage charges will commence.
Please see the Buying at Auction guide for further information.
Sotheby’s authenticity guarantee
If Sotheby’s sells an item which subsequently is shown to be a “counterfeit”, subject to the terms below Sotheby’s will set aside the sale and refund to the Buyer the total amount paid by the Buyer to Sotheby’s for the item, in the currency of the original sale.
For these purposes, “counterfeit” means a lot that in Sotheby’s reasonable opinion is an imitation created to deceive as to authorship, origin, date, age, period, culture or source, where the correct description of such matters is not reflected by the description in the catalogue (taking into account any Glossary of Terms). No lot shall be considered a counterfeit by reason only of any damage and/or restoration and/or modification work of any kind (including repainting or over-painting).
Please note that this Guarantee does not apply if either:-
(i) the catalogue description was in accordance with the generally accepted opinion(s) of 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 at the date of the sale that the item was a counterfeit would have been by means of processes not then generally available or accepted, unreasonably expensive or impractical to use; or likely to have caused damage to the lot or likely (in Sotheby’s reasonable opinion) 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.
This Guarantee is provided for a period of five (5) years after the date of the relevant auction, is solely for the benefit of the Buyer and may not be transferred to any third party. To be able to claim under this Guarantee, the Buyer must:-
(i) notify Sotheby’s in writing within three (3) months of receiving any information that causes the Buyer to question the authenticity or attribution of the item, specifying the lot number, date of the auction at which it was purchased and the reasons why it is thought to be counterfeit; and
(ii) return the item to Sotheby’s in the same condition as at the date of sale to the Buyer and be able to transfer good title in the item, free from any third party claims arising after the date of the sale.
Sotheby’s has discretion to waive any of the above requirements. Sotheby’s may require the Buyer to obtain at the Buyer’s cost the reports of two independent and recognised experts in the field, mutually acceptable to Sotheby’s and the Buyer. Sotheby’s shall not be bound by any reports produced by the Buyer, and reserves the right to seek additional expert advice at its own expense. In the event Sotheby’s decides to rescind the sale under this Guarantee, it may refund to the Buyer the reasonable costs of up to two mutually approved independent expert reports.