Curated art collection: monartsgallery.com

BINDIND TERMS: The sale will take place by auction according to Belgian law, any disputes will be settled according to Belgian law The lots listed in this auction will be offered by Monart-BTS bv as owner or as agent for consignor subject to the following terms and conditions. Where Monart-BTS bv is agent, the contract is between seller and buyer. The following Conditions of Sale and Terms of Guarantee constitute the entire agreement with the purchaser relative to the property listed in this auction. By registering and bidding at this auction you agree to be bound by these terms without any reserve SOLD "AS IS": Goods are sold "as is" at the moment of the adjudication and without recourse and whereby Monart-BTS nor its consignor makes any warranties or representations, express or implied, with respect to such lots, except for the limited warranties expressly stated in the Terms of Guarantee section of this catalogue. The condition of lots can vary due to age, previous damage, restorations, or general signs of use. This implies that lots offered will rarely be in perfect condition. Every bidder is expected to consult the condition report found on each lot description before bidding. Additional information and/or pictures need to be requested at least 48 hours before the day of the auction. Except as otherwise expressly and specifically provided in the Terms of Guarantee, neither Monart-BTS nor its consignor makes any express or implied warranty or representation of any kind or nature with respect to merchantability, fitness for purpose, correctness of the catalogue or other description of the physical condition, size, quality, rarity, importance, medium, material, genuineness, attribution, provenance, period, culture, source, origin, exhibitions, literature or historical significance of any lot sold. The absence of any reference to the condition of a lot does not imply that the lot is in perfect condition or completely free from wear and tear, imperfections or the effects of aging, nor does a reference to particular defects imply the absence of others. References in the catalogue entry or the condition report to damage or restoration are for guidance only and should be evaluated by personal inspection by the bidder or a knowledgeable representative. The Terms of Guarantee are controlling, and no statement, whether written or oral, and whether made in this catalogue, an advertisement, a bill of sale, a salesroom posting or announcement, the remarks of an auctioneer, or otherwise, shall be deemed to create any warranty, representation or assumption of liability. All statements by Monart-BTS in the catalogue entry for the property or in the condition report, or made orally or in writing elsewhere, are statements of opinion and are not to be relied on as statements of fact. Except as stated in the Terms of Guarantee, neither the auctioneer nor the seller is responsible in any way for errors or omissions in the catalogue or any supplemental material. Buyers are responsible for satisfying themselves concerning the condition of the property and the matters referred to in the catalogue entry. The auctioneer and its consignor make no warranty or representation, express or implied, that the purchaser will acquire any copyright or reproduction rights to any lot sold. The copyright in all images, illustrations and written material produced by or for Monart-BTS relating to a lot, including the contents of this catalogue, is, and shall remain at all times, the property of Monart-BTS and shall not be used by the buyer, nor by anyone else, without our prior written consent. INCREMENTS: Bidding increments are usually about 10% of the current price but can be adapted by the auctioneer based on the situation and type of auction. Bidding generally starts at 50-80% of the low Estimate at the auctioneer?s discretion. If no bid is made at that amount, the auctioneer may decide to lower the starting price and continue bidding ( not applicable for timed auctions ) If there are no bids or if the reserve price has not been met, then the lot will be declared as "unsold". WITHDRAWALS: Monart-BTS reserves the right to withdraw a lot at any time prior to the start of bidding on the lot, and is in no way liable for this. RESERVES : If the auctioneer decides that any opening bid is below the value of the lot offered, the auctioneer may reject that bid and withdraw the lot from sale; and if, having acknowledged an opening bid, he decides that any advance thereafter is insufficient, he may reject that advance. Unless otherwise indicated, all lots are offered subject to a reserve, which is the confidential minimum price below which such lot will not be sold. Reserve prices may exceed the low estimate of the lot. Reserves are agreed upon with the consignor or, in the absence thereof, in the absolute discretion of Monart-BTS. The auctioneer may implement the reserve by opening bidding on any lot by placing a bid on behalf of the seller. The auctioneer will not specifically identify bids placed on behalf of the seller. The auctioneer may further bid on behalf of the seller, up to the amount of the reserve, by placing successive or consecutive bids for a lot or by placing bids in response to other bidders. Unless otherwise noted in the catalogue or by an announcement at the auction, Monart-BTS acts as agent on behalf of the seller and does not permit the seller to bid on his or her own property. ESTIMATES: Each lot in the catalogue is given a low and high estimate representing that range which, in the opinion of Monart-BTS, represents a fair and probable auction value. When possible, the estimate is based on previous auction records of comparable property, condition, rarity, quality and provenances. The estimates are often determined several months before a sale and are therefore subject to change upon further research of the object, or to reflect market conditions or currency fluctuations. Estimates are subject to revision. Actual prices realized for items can fall below or above this range. An estimate of the selling price should not be relied on as a statement that this is the price at which the item will sell or its value for any other purpose. Bidding: Monart-BTS reserves the right, at our complete discretion, to refuse admission to the premises or participation in any auction and to reject any bid, as well as the right to refuse to acknowledge any bidder. The highest bidder acknowledged by the auctioneer will be the purchaser. The auctioneer has the right at his absolute and sole discretion to advance the bidding in such a manner as he may decide, to withdraw or divide any lot, and to combine any two or more lots. In the event of error or dispute between bidders, or in the event of doubt on our part as to the validity of any bid, whether during or after the sale, the auctioneer has final discretion to determine the successful bidder, to continue the bidding, to cancel the sale, or to reoffer and resell the lot in dispute. If any dispute arises after the sale, the Monart-BTS sale record shall be conclusive. PURCHASER'S RESPONSIBILITY: Title passes upon the fall of the auctioneer's hammer to the highest acknowledged bidder, subject to the conditions of sale set forth herein. Such bidder there upon assumes full risk and responsibility there for (including, without limitation, liability for or damage to frames and glass covering prints, paintings or other works). Although in our discretion we will execute orders or absentee bids or accept telephone bids as a convenience to clients who are not present at auctions, we are not responsible for any errors or omissions in connection therewith. When making a bid, a bidder is accepting personal liability to pay the purchase price as follows, unless it has been explicitly agreed in writing with Monart-BTS before the commencement of the sale that the bidder is acting as agent on behalf of an identified third party acceptable to Monart-BTS, and that Monart-BTS will look only to the principal for payment. The total purchase price to be paid by purchaser is the amount of the successful bid price plus a premium of 31% on the first € 25.000 of the hammer price, 28% on the portion from ,€ 25,001 through € 50,000 and 25% on the portion from € 50,001 through € 100,000 and 20% when the hammer price would exceed € 100,000 ADDITIONAL ARTIST RESALE RIGHT: According to the international rules on copyright, the law obliges us to require an extra premium on the hammer price of original artworks made by a living artist or within seventy years after his/her decease. This premium is not required on a hammer price lower than € 2.000. Starting from € 2.000, the amount is specified as follows: - 4% on the hammer price from € 0,01 up to € 50.000 - 3% on the hammer price from € 50.000,01 up to € 200.000 - 1% on the hammer price from € 200.000,01 up to € 350.000 - 0,5% on the hammer price from € 350.000,01 up to € 500.000 - 0,25% on the hammer price higher than € 500.000 The maximum amount of this additional premium will never exceed € 12.500. ONLINE BIDDING PREMIUM: By bidding through external bidding platforms, the bidder agrees to pay the following Internet surcharges in addition to the buyer's premium: - Invaluable +5% - Live Auctioneers +5% - TheSaleroom / Lot-tissimo +3% - Drouot +1.5% Immediately after the auction, the total purchase price for each lot is due including the following fees: - Hammer price - + Buyer's Premium ( between 30% & 25 % ) - + Internet Surcharges Live Auctioneer + 5% - + Artist's Resale Rights (if applicable between 0,25 & 4% ) - + Credit card payment Processing Fee (charged at 3% ) Prior to the sale, the buyer must provide us with his or her name and permanent address and, if so requested, details of the bank from which payment will be made. The purchase price, will be paid in full within 5 days following the day of closure of the auction. The payment shall be made in Euro by bank transfer or credit card through an online payment system unless other arrangements are made with Monart-BTS. The buyer will not acquire title to ownership until we have received a payment in full from the buyer in good cleared funds even in circumstances where we have released the lot to the buyer. At live auctions there may be a video or digital screen. Errors may occur in its operation and in the quality of the image, and Monart-BTS does not accept liability for such errors. Any objects offered at this auction which contain materials from a species that is endangered or protected, including, but not limited to, ivory, coral and tortoiseshell, may require a license or certificate prior to exportation from the European Union. Some materials may not be exported, imported into other states or countries or resold. It is the purchaser?s responsibility to be aware of applicable laws and regulations and to obtain any required export or import licenses or certificates and any other required documentation. Further, the purchaser shall be responsible for on-time payment of the full purchase price of the lot, even if the obtaining of any such license is denied or delayed. Monart-BTS assumes no liability for failing to identify materials from endangered or protected species or for incorrectly identifying such materials. REMEDIES AVAILABLE to'Monart-BTS bv': In addition to the other legal recourse available to us by law, we reserve the right to charge a late payment penalty of 2% per month of the total purchase price if payment is not made in conformity with the terms set forth herein. All items must be removed from our auction house no later than 5 working days after the sale by the buyer at his expense (unless Monart-BTS is responsible for shipping the goods). Should this not be the case, Monart-BTS will reserve the right to charge a storage fee of at least ?10 per lot and per day and also to take the lot to a public storage facility for storage at the buyer's expense, to be released only after payment in full of all removal, storage, handling, insurance and any other costs incurred, together with payment of all other amounts due to us. A written authorization needs to be provided to the auction house if a 3rd party is collecting lots on behalf of the buyer Pickups & Shipping: For information, please contact : info@monart-bts.com Monart-BTS is no longer liable for damage to goods left on its property more than 5 days after the sale. If any applicable conditions herein are not complied with by the purchaser, in addition to other remedies available to us and the consignor by law, including without limitation the right to hold the purchaser liable for the total purchase price, including all fees, charges and expenses more fully set forth herein, we shall be entitled in our absolute discretion to exercise one or more of the following rights or remedies: - To charge interest at a rate we will reasonably select - Hold the defaulting purchaser liable for the total amount due and initiate legal action for its recovery, together with interest, legal costs and expenses, to the extent permitted under Belgian law - cancel the sale of that or any other lot or lots sold at the same or any other auction to the defaulting buyer, and retaining all payments from the buyer as financial compensation - Resell the property whether at private sale or public auction without reserve, and where the buyer will be liable for any deficiency, cost, including handling charges, the expenses of both sales, our commission on both sales at our standard rates, all other charges due hereunder and incidental damages? - To set off the outstanding amount remaining unpaid by the buyer against any amounts which we may owe the buyer in any other transactions. - Where the buyer owes us different amounts in respect of different transactions, to apply any amount paid to clear any amount due in respect of a specific transaction, whether or not the buyer so directs. - To reject at future auctions all bids by or on behalf of this Buyer or require an upfront payment from this Buyer before accepting any bids - To take other actions we deem necessary or appropriate LIMITED LIABILITY: If for any reason a purchased lot cannot be delivered in the same condition as at the time of sale, or if a purchased lot should be stolen, misdelivered or lost for delivery, Monart-BTS shall not be liable for the excess of what was paid by the buyer. We are not responsible for the acts or negligence of carriers or packers of purchased lots, whether or not recommended by us. Packing and handling of purchased lots by us is at the entire risk of the purchaser and Monart-BTS will have no liability for any loss or damage to such items. Monart-BTS bv EMPLOYEES: Employees of Monart-BTS are not prohibited from bidding on items. By virtue of their position it is possible that they may have access to information not available to the public. WAIVER OF TREMS & CONDITIONS: Monart-BTS may waive and or modify these terms and conditions at its sole discretion. The Conditions of Sale, Terms of Guarantee, glossary if applicable, and all other contents of this sales catalog are subject to amendment by us by oral or verbal notices during the sale. All dimensions and weights are approximate. Monart-BTS is not responsible for damage of glass covering paintings, drawings, other works or frames and lamp shades regardless of cause. If any part of these Terms & Conditions of Sale is found by any court to be invalid, illegal or unenforceable, the other part of the Terms & Conditions shall remain valid to the extent permitted by Belgian law. The rights and obligations of the parties with respect to these Conditions of Sale and Terms of Guarantee, as well as the purchaser's and our respective rights and obligations hereunder, the conduct of the auction and any matters connected with any of the foregoing, shall be governed and interpreted by the laws of Monart-BTS bv. By bidding at auction, whether present in person or by agent, by written bid, telephone or other means, the buyer shall be deemed to have submitted, for the benefit of Monart-BTS bv, to the exclusive jurisdiction of the Court of First Instance of East Flanders department of Oudenaarde ,and renounces any objection to the jurisdiction and location of such court. TERMS OF GUARANTEE: 'Monart-BTS bv' warrants the authenticity of authorship of each lot contained in this catalogue solely and expressly subject to the terms and conditions set forth below. 1. Definition of Authorship "Authorship" is defined as the artist, artisan, workshop, designer, school, period, culture, or source of origin, as applicable and indicated in the description of the lot. The warranted information appears in bold print immediately following the individual lot number; no other language in the catalogue is warranted, including any supplemental material which appears below the bold print headings. Monart-BTS is not responsible for any errors or omissions in any material, which appears below the bold print headings. The description of authorship in this catalogue may be amended by a supplement to the catalogue, or by notices or announcements at the time and place of the auction sale. This catalogue may contain one or more glossaries explaining the terminology used in the catalogue. All terminology used in this catalogue, including the contents of the glossaries, are merely qualified statements or opinions and are not intended or made as warranted statements or representations under these Terms of Guarantee. Monart-BTS makes no warranties whatsoever, express or implied, with respect to any material in the catalogue, except as set forth in bold print headings following individual lot numbers in this catalogue and subject to the exclusions set forth below. 2. Coverage Under the Guarantee Subject to the exclusions set forth below, Monart-BTS warrants the authorship (as that term is defined above) of each lot in this catalogue for a period of one year from the date of the sale of the lot. The guarantee is made only to the original purchaser of record at the auction, and only the registered bidder for the lot at the auction will be considered as the original purchaser. The buyer must give written notice of claim within one years from the date of the auction. Monart-BTS bv may require, at its option, to have the purchaser obtain at the purchaser's expense the opinion of two recognized experts (approved by Monart-BTS bv) in the field relating to the item in question, before Monart-BTS determines whether to rescind a sale under the above warranty. Upon request, Monart-BTS will provide the purchaser with the names of acceptable experts. 3. Non-Assignability The benefits of this warranty are not assignable and shall be applicable only to the original purchaser of record ( the registered bidder) and not to any subsequent owners (including, without limitation, heirs, successors, beneficiaries or assigns) who have, or may acquire, an interest in any purchased property. The original buyer must have remained the owner of the lot without disposing of any interest in it to any third party. 4. Sole Remedy The purchaser agrees that in the case of a breach of warranty under these Terms of Guarantee, he shall have no remedy other than rescission of the sale and the refund of the original purchase price paid. The original purchase price paid is defined as the amount of the successful bid price, plus the buyer's premium. No rescission and refund will be made unless the item is returned to Monart-BTS, in the same condition as at the time of sale. The remedy of rescission and refund is exclusive and the purchaser waives any other remedy which may be otherwise available in law or equity. Monart-BTS shall not be liable for any special, consequential or incidental damages incurred or claimed including, without limitation, loss of profits or for interest. 5. Exclusions This warranty does not apply to: authorship of any paintings, drawings or sculpture created prior to 1870, unless the lot is determined to be a counterfeit which has a value at the date of the claim for rescission which is materially less than the purchase price paid for the lot; or any catalogue description where it was specifically mentioned that there is a conflict of specialist opinion on the authorship of a lot; or authorship which on the date of sale was in accordance with the then generally accepted opinion of scholars and specialists, despite the subsequent discovery of new information, whether historical or physical, concerning the artist or craftsman, his students, school, workshop or followers; or the identification of periods or dates of execution which may be proven inaccurate by means of scientific processes not generally accepted for use until after publication of the catalogue, or which were unreasonably expensive or impractical to use at the time of publication of the catalogue. The term counterfeit is defined as a modern fake or forgery, made less than fifty years ago, and made with the intent to deceive. The authenticity of signatures, monograms, initials or other similar indications of authorship is expressly excluded as a controlling factor in determining whether a work is a counterfeit under the meaning of this Terms of Warranty. 6. Limited Warranty As stated in the Conditions of Sale, neither 'Monart-BTS bv' nor its consignor makes any express or implied representations or warranties whatsoever concerning any property in the catalogue, including without limitation, any warranty of merchantability or fitness for a particular purpose, except as specifically and expressly provided in these Terms of Guarantee. 7. Condition Descriptions New: - Brand-new, not previously owned. Undamaged and shows no signs of use. Excellent: - Previously owned, showing little to no signs of wear. Pieces with prior issues that have undergone restoration are not included. Good: - Previously owned and used, showing natural wear, including discoloration and cracks consistent with age. May have slight soiling, but no structural issues. Fair: - Previously owned with visible wear to the surface or structure. Damage may increase in severity if not properly handled. Distressed - Visible signs of wear and use that may include obvious scratching, fading, tearing, or losses. May require restoration.