Conditions of Sale • Buying at Christie’s

CONDITIONS OF SALE

These conditions of sale set out the terms on which we offer on behalf of the seller the lots listed in this catalogue for sale and, if you make a successful bid, will form a contract for sale between you and the seller. By bidding at auction you agree to these terms, so you should read them carefully before doing so. You will find a glossary at the end explaining the meaning of the words and expressions coloured grey.

Christie’s acts as agent for the seller and does not own itself or have a financial interest in any of the lots.

 

A BEFORE THE SALE

1 DESCRIPTION OF LOTS

(a) Certain words used in the catalogue description have special meanings. You can find details of these on the page headed “Explanation of Cataloguing Practice” which forms part of these terms. You can find a key to Symbols under the section of the catalogue called “Symbols Used in this Catalogue”.

(b) Our description of any lot in the catalogue and any condition report and any other statement made by us (whether orally or in writing) about any lot, including its nature or condition, artist, period, materials, approximate dimensions or provenance are our honest opinion. In reaching our opinion we use the standard of care a buyer would reasonably expect from an auction house of Christie’s standing taking into account the estimate of the lot. We do not carry out in-depth research of the sort carried out by professional historians and scholars. All dimensions and weights are approximate.

 

2 CONDITION

(a) The condition of lots sold in our auctions can vary widely due to factors such as age, previous damage, restoration, repair and wear and tear. The nature of the lots sold in our auctions means that they will rarely be in perfect condition. lots are sold in the condition they are in at the time of the sale.

(b) Any reference to condition in a catalogue entry will not amount to a full description of condition, and images may not show the condition of a lot clearly. Colours and shades may look different in print or on screen to how they look in real life. Condition reports may be available to help you evaluate the condition of a lot. Condition reports are provided free of charge as a convenience to our buyers and are for guidance only. It is your responsibility to make sure you have received and considered any condition report. They offer our honest opinion but they may not refer to all faults, restoration, alteration or adaptation because our staff are not professional restorers or conservators. For that reason they are not an alternative to examining a lot in person or taking your own professional advice.

 

3 OUR RESPONSIBILITY FOR OUR DESCRIPTION OF LOTS

Information about our responsibility for our description of, and statements about, lots in the catalogue and any condition report can also be found in paragraphs E2. Please be aware that our condition reports are free services and we are not responsible to you for any error (human or otherwise), omission or breakdown in these services.

 

4 VIEWING lots PRE-AUCTION

(a) If you are planning to bid on a lot, you should inspect it personally or through a knowledgeable representative before you make a bid to make sure that you accept the description and its condition. We recommend you get your own advice from a restorer or other professional adviser for any lot and particularly if you are interested in a lot of high value.

(b) Pre-auction viewings are open to the public free of charge. Our specialists are available to answer questions and provide condition reports at pre-auction viewings or by appointment.

5 ESTIMATES

Estimates are based on the condition, rarity, quality and provenance of the lot and on prices recently paid at auction for similar property. Estimates can change. Neither you, nor anyone else, may rely on any estimate as a prediction or guarantee of the actual selling price of a lot. Estimates do not include the buyer’s premium or any applicable taxes.

 

B REGISTERING TO BID

1 NEW BIDDERS

(a) If this is your first time bidding at Christie’s or you are a returning bidder who has not bought anything from any of our salerooms within the last two years you must register at least 48 hours before an auction to give us enough time to process and approve your registration. You will be asked for the following:

(i) For individuals: Government issued photo identification (PAN cards for Indian residents) and, if not shown on the ID document, proof of your current address (for example, a current utility bill or bank statement).

(ii) For corporate clients: Your Certificate of Incorporation or equivalent document(s) as well as details of your principal place of business, copy of PAN card (for Indian companies), mailing address, business telephone number and details of beneficial owners and directors.

(iii) For trusts, partnerships, offshore companies and other business structures, please contact us in advance to discuss our requirements. For help, please contact us on +91 22 2280 7905.

(b) We may also ask you to give us a financial reference and/or a deposit as a condition of allowing you to bid. For help, please contact us on +91 22 2280 7905

 

2 RETURNING BIDDERS

We may at our option ask you for current identification as described in paragraph B 1 (a) above, a financial reference and/or a deposit as a condition of allowing you to bid. If you have not bought anything from any of our salerooms in the last two years or if you want to spend more than on previous occasions, please contact us on +91 22 2280 7905.

 

3 IF YOU FAIL TO PROVIDE THE RIGHT DOCUMENTS

If you do not in our opinion satisfy our bidder identification and registration procedures, we may refuse to register you to bid, and if you make a successful bid, we may cancel the contract for sale between you and the seller.

 

4 BIDDING ON BEHALF OF
ANOTHER PERSON

If you are bidding on behalf of another person, they will need to complete the registration requirements above before you can bid, and supply a signed letter authorising you to bid for them.

 

5 BIDDING IN PERSON

If you wish to bid in the saleroom you must register for a numbered bidding paddle at least 30 minutes before the auction. You may register online at www.christies.com or in person. For help, please contact us on +91 22 2280 7905.

 

6 BIDDING SERVICES

We offer the bidding services described below. Please be aware that our written and telephone bidding services and Christie’s LIVE™ are free services and we are not responsible to you for any error (human or otherwise), omission or breakdown in these services.

 

7 PHONE BIDS 

We will accept bids by telephone for lots only if our staff are available to take the bids. If you need to bid in a language other than in English, you must arrange this well before the auction. We may record telephone bids. By bidding on the telephone, you are agreeing to us recording your conversations. You also agree that your telephone bids are governed by these Conditions of Sale.

 

8 INTERNET BIDS ON CHRISTIE’S LIVE™

For certain auctions we will accept bids over the Internet. Please visit www.christies.com/livebidding and click on the ‘Bid Live’ icon to see details of how to watch, hear and bid at the auction from your computer. As well as these Conditions of Sale, internet bids are governed by the Christie’s LIVE™ terms of use which are available on http://www.christies.com/about-us/contact/terms-and-conditions/

 

9 WRITTEN BIDS

We must receive written bids 24 hours before the auction. The auctioneer will take reasonable steps to carry out written bids at the lowest possible price, taking into account the reserve. If you make a written bid on a lot which does not have a reserve and there is no higher bid than yours, we will bid on your behalf at around 50% of the low estimate or, if lower, the amount of your bid. You can find a written bid form at the back of our catalogues, at any Christie’s office or by choosing the sale and viewing the lots online at www.christies.com. If we receive written bids on a lot for identical amounts, and at the auction these are the highest bids on the lot, we will sell the lot to the bidder whose written bid we received and accepted first.

 

C AT THE SALE

1 WHO CAN ENTER THE AUCTION

We have complete freedom to refuse admission to our premises or any auction and to reject any bid.

 

2 RESERVES

The reserve cannot be more than the low estimate. We identify lots that are offered without reserve with the symbol • next to the lot number.

 

3 AUCTIONEER’S DISCRETION

The auctioneer can at his or her sole option:

(a) refuse any bid;

(b) move the bidding backwards or forwards in any way he or she may decide, or change the bidding order;

(c) withdraw or divide any lot;

(d) combine any two or more lots;

(e) re-open or continue the bidding even after the hammer has fallen; and

(f) whether during or after the auction, restart or continue the bidding, cancel the sale of the lot, or reoffer and resell any lot. If any dispute relating to bidding arises during or after the auction, the auctioneer’s decision is final and in the absence of any evidence to the contrary, the auction record maintained by the auctioneer will be conclusive.

 

4 BIDDING

The auctioneer accepts bids from: 

(a) bidders in the saleroom;

(b) telephone bidders, and internet bidders through ‘Christie’s LIVE™ (as shown above in Section B7 and B8); and 

(c) written bids (also known as absentee bids or commission bids) left with us by a bidder before the auction. 

 

5 BIDDING BY THE SELLER

The auctioneer may at his sole option bid on behalf of the seller up to but not including the amount of the reserve either by making consecutive bids or by making bids in response to other bidders. The auctioneer will not identify these as bids made on behalf of the seller and will not make any bid on behalf of the seller at or abovethe reserve. If lots are offered without reserve, the auctioneer will generally decide to open the bidding at 50% of the low estimate for the lot. If no bid is made at that level, the auctioneer may decide to go backwards until a bid is made, and then continue up from that amount.

6 BID INCREMENTS

Bidding generally starts below the low estimate and increases in steps (bid increments). The auctioneer will decide where the bidding should start and the bid increments. The usual bid increments are shown on the written bid form at the back of this catalogue.

 

7 CURRENCY OF BIDS

All bids in the auction must be placed in Indian Rupees (INR).

 

8 CURRENCY CONVERTER

The saleroom video screens (and Christie’s LIVE^TM) may show bids in some other major currencies. Any conversion is for guidance only and we cannot be bound by any rate of exchange. Please be aware that our currency converter and saleroom video screens are free services and we are not responsible to you for any error (human or otherwise), omission or breakdown in these services.

 

9 SUCCESSFUL BIDS

Unless the auctioneer decides to use his or her discretion as set out in paragraph C3 above, when the auctioneer’s hammer strikes, we have accepted the last bid. This means a contract for sale has been formed between the seller and the successful bidder. We will only invoice the registered bidder who made the successful bid. While we send out invoices by post and/or email after the auction, we do not accept responsibility for telling you whether or not your bid was successful. If you have bid by written bid, you should contact us by telephone or in person as soon as possible after the auction to get details of the outcome of your bid to avoid having to pay unnecessary storage charges.

 

D
THE BUYER’S PREMIUM, DUTIES
AND TAXES 

1 THE BUYER’S PREMIUM

We provide services of facilitating the sale of lots from the seller to the buyer and in the course of such facilitation services, we also provide bidders with the following:

(a) sourcing, photographing, valuing, cataloguing and preparing condition reports;

(b) allowing successful buyers to participate in the auction process; and

(c) handling, delivering and dispatch of the lots offered for sale as per the buyer’s instructions.

As a consideration for the above services, we charge a premium to buyers on which tax is applicable in accordance with paragraph D2(g) below. The premium is calculated on the hammer price of each lot sold. On all lots we charge 25% of the hammer price up to and including INR 45,00,000, 20% on that part of the hammer price over INR 45,00,000 and up to and including INR 9,00,00,000, and 12% of that part of the hammer price above INR 9,00,00,000. 

 

2 DUTIES AND TAXES

(a) You are responsible for all duties and taxes (including any Value Added Tax, Service tax, Central Sales Tax or Customs Duties) payable as a result of the sale of the lot. If you have any questions about duties and taxes, please contact us on +91 22 2280 7905.

(b) Unless you are a buyer who has met the requirements set out in D2(c) or D2(d) below, you will be charged 12.5% VAT or Central Sales Tax (as applicable) on the hammer price.

(c) If you are a dealer registered outside the State of Maharashtra and prior to bidding have instructed us to arrange the packing, transporting and shipment of your lot outside the State of Maharashtra and have provided us with the required documents (including a Statutory Form C) you will be charged 2% Central Sales Tax on the hammer price.

(d) If you are a buyer who will pay from a bank account outside of India and prior to bidding has instructed us to arrange the packing, transporting and shipment of your lot outside of India and have provided us with the required documents, you will not be charged any Central Sales Tax or VAT on the hammer price.

(e) If you are a buyer under D2(c) or under D2(d) but change the instructions originally provided under D2(c) or D2(d) including instructions under F3(c), taxes specified under D2(b) would apply.

(f) Lots denoted with an Ω symbol next to them have been imported into India and stored in a Free Trade Warehousing Zone. We will clear such lots from a Free Trade Warehousing Zone using our Importer Exporter Code and release into Indian free circulation upon payment of customs duty at rate of 10.3% on such clearance. Customs duty at 10.3% will be added to the hammer value and the applicable VAT or CST will be charged as per D2(b) or D2(c) above on the hammer price and customs duty.

(g) In addition to the above, you will be charged a 14% service tax on buyer’s premium for all lots.

(h) If you are obliged by law to withhold tax from the buyer’s premium payable to us, you must discharge the withholding tax liability and provide us with the withholding tax certificate.

(i) In respect of hammer price payable by you to a non-resident seller we undertake to discharge the tax liability, if any, by way of deposit of taxes for and on behalf of the non-resident seller.

(j) All VAT, Central Sales Tax, Service Tax and Customs Duties shown above are the rates at printing the catalogue and may change in accordance with the law.

 

E WARRANTIES 

1 SELLER’S WARRANTIES

For each lot, the seller gives a warranty that the seller:

(a) is the owner of the lot or a joint owner of the lot acting with the permission of the other co-owners or, if the seller is not the owner of the lot, has the permission of the owner to sell the lot, or the right to do so in law; and

(b) has the right to transfer ownership of the lot to the buyer without any restrictions or claims by anyone else.

If any of the above warranties are incorrect, the seller shall not have to pay more than the purchase price paid by you to us. The Seller will not be responsible to you for any reason for loss of profits or business, expected savings or interest, costs, damages, or expenses. The seller gives no warranty in relation to any lot other than as set out above and, as far as the seller is allowed by law, all warranties from the seller to you, and all other obligation upon the seller, which may be added to this agreement by law are excluded.

 

2 OUR AUTHENTICITY WARRANTY 

If your lot is not authentic, subject to the terms below, we will refund the purchase price paid by you (our “authenticity warranty”). The meaning of authentic can be found in the glossary at the end of these conditions of sale. The terms of the authenticity warranty are as follows:

(a) It is provided for a period of 5 years from the date of the sale.

(b) It is given only for information shown in the UPPERCASE type of the “title heading”, subject to the qualifications below. It does not apply to any information other than the title heading even if the other information is shown in UPPERCASE type.

(c) The authenticity warranty does not apply to any title heading or part of a title heading which is qualified. Qualified means limited by a clarification in the description of the lot or by the use in the title heading of one of the terms listed in the section headed Qualified title headings on the page of the catalogue headed “Important Notices and Explanation of Cataloguing Practice”. For example, use of the term “ATTRIBUTED TO…” in the UPPERCASE type title headings of the catalogue description means that the lot is in Christie’s opinion probably a work by the named artist but no warranty is provided that the lot is the work of the named artist. Please read the full list of Qualified title descriptions and all descriptive information carefully before bidding on any lot.

(d) The authenticity warranty applies to the title heading as amended by any saleroom notice.

(e) The authenticity warranty does not apply if the title heading either matches the generally accepted opinion of experts at the date of the sale or draws attention to any conflict of opinion;

(f) The authenticity warranty does not apply if the lot can only be shown not to be authentic by a scientific process which, on the date we published the sale catalogue, was not available or generally accepted for use, or which was unreasonably expensive or impractical, or which was likely to have damaged the lot;

(g) The benefit of the authenticity warranty is only available to the original buyer shown on the invoice for the lot issued at the time of the sale and only if the original buyer has owned the lot continuously between the date of sale and the date of claim. It may not be transferred to anyone else.

(h) In order to claim under the authenticity warranty you must:

(i) give us written details of any claim within 5 years of the date of sale. Regrettably, if you fail to do so your claim cannot be accepted;

(ii) if Christie’s requires you to do so, obtain the written opinions of two recognised experts in the field of the lot mutually agreed by you and us confirming that the lot is not authentic. We reserve the right to obtain additional opinions at our expense; and

(iii) return the lot at your expense to the saleroom from which you bought it in the condition it was in at the time of sale;

(i) Your only right under this authenticity warranty is to cancel the sale and receive a refund of the purchase price paid by you to us. We will not, in any circumstances, be required to pay you more than this total amount. We will not be responsible to you for any loss of profits or business, expected savings or interest, costs, damages or expenses.

 

F PAYMENT 

1 HOW TO PAY

(a) Immediately following the auction, you must pay the total amount due:

(i) the hammer price;

(ii) the buyer’s premium; and

(iii) any duties, central sales tax, value added tax and service tax.

(b) We will only accept payment from the registered bidder. Once issued, we cannot change the buyer’s name on an invoice or re-issue the invoice in a different name. You must pay immediately even if you want to export the lot and you need an export licence.

(c) You must pay for lots bought at Christie’s in India in one of the ways set out below:

(i) Wire transfer

You must make payments to:

Christie’s India Private Limited, The Hongkong and Shanghai Banking Corporation Ltd, 52-60 M.G. Road, Mumbai 400 001. Account number: 006-043111-001, IFSC HSBC0400002 or if you are an overseas buyer to the bank details provided on your invoices.

(ii) Credit Card. We accept most major credit cards subject to certain conditions provided the cardholder is present. Details of the conditions and restrictions applicable to credit card payments are available from us using the contact details set out in paragraph (d) and (e) below.

(iii) Banker’s draft

You must make these payable to Christie’s India Private Limited and there may be conditions.

(iv) Cheque

You must make cheques payable to Christie’s India Private Limited and they must be from accounts in Indian Rupees from an Indian bank. Confirmed payment through a bank may take between 2 and 5 working days.

(d) You must quote the sale number, your invoice number and client number when making a payment. All payments sent by post must be sent to: Christie’s India Private Limited, B-11 Dhanraj Mahal, Chhatrapati Shivaji Marg, Apollo Bunder, MUMBAI 400 001.

(e) For more information please contact us on +91 22 2280 7905 or fax on +91 22 2280 7911.

 

2. TRANSFERRING OWNERSHIP TO YOU

The seller will transfer ownership of the lot to you when we have received full and clear payment of all amounts due to us.

3 TRANSFERRING RISK TO YOU 

(a) If you are covered under paragraph D2(b) the risk in and responsibility for the lot will transfer to you on the occurrence of the earlier of when you or your agent collect the lot or at the end of the thirtieth day following the date of the sale, unless we have agreed otherwise with you. In this case, risk in and responsibility for the lot will transfer to you at the end of the period we agree with you; or

(b) If you are covered under paragraph D2(c) on delivery at your premises outside of the State of Maharashtra or if you are covered by D2(d) on delivery at your premises outside of India, in either case as per your instructions received by us in writing prior to bidding.

(c) If you have registered to bid under D2(c) or D2(d) and request a change to your written instructions originally provided then D2(e) will apply.

Delivery shall be complete on transfer of risk and responsibility to you in accordance with (a) or (b) above.

 

4 WHAT HAPPENS IF YOU DO NOT PAY

(a) If you fail to pay us the total amount due in full by the due date, we will be entitled to do one or more of the following (as well as enforcing any other rights we have by law):

(i) We can charge you a late-payment fee worked out at a rate of 5% a year above the prime lending rate of the State Bank of India from time to time on the unpaid amount due;

(ii) We can cancel the sale of the lot. If we do this, we may sell the lot again on behalf of the seller, in which case you must pay us any shortfall between the total amount originally due to us and the proceeds from the resale. You must also pay all costs, expenses, losses, damages and legal fees we have to pay or may suffer and any shortfall in the seller’s commission;

(iii) We can hold you legally responsible for the total amount due and may begin legal proceedings to recover it together with our late-payment fee, legal fees and costs as far as we are allowed by law;

(iv) We can take what you owe us from any amounts which we or any company in the Christie’s Group may owe you (including any deposit or other part-payment which you have paid to us);

(v) We can at our sole option reveal your identity and contact details to the seller; and

(vi) We can take any other action we see necessary or appropriate.

(b) If you owe money to us or to another Christie’s Group company, we can use any amount you do pay, including any deposit or other part-payment you have made to us, or which we owe you, to pay off any amount you owe to us or another Christie’s Group company for any transaction.

 

5 KEEPING YOUR PROPERTY 

If you owe money to us or to another Christie’s Group company, as well as the rights set out in F4 above, we can use or deal with any of your property we hold or which is held by another Christie’s Group company in any way we are allowed to by law. We will only release your property to you after you pay us or the relevant Christie’s Group company in full for what you owe. However, if we choose, we can also sell your property in any way we think appropriate. We will use the proceeds of the sale against any amounts you owe us and we will pay any amount left from that sale to you. If there is a shortfall, you must pay us any difference between the amount we have received from the sale and the amount you owe us.

 

G COLLECTION AND STORAGE 

1 COLLECTION

Once you have made full and clear payment, you must collect the lot within thirty working days from the date of the auction unless you are covered under paragraphs D2(c) or D2(d) in which case Christie’s will arrange shipment as per your instructions received by us in writing prior to bidding.

(a) You may not collect the lot until you have made full and clear payment of all amounts due to us for the lot and any other lots invoiced together with it.

(b) If you have paid for the lot in full but you do not collect the lot within 30 days after the sale, you hereby authorise us to sell the lot on your behalf. If we do this we will pay you the proceeds of the sale after taking our storage charges and any other amounts you owe us and any Christie’s Group company and you agree to accept such payment as full and final settlement.

(c) Information on collecting lots is set out on an information sheet which you can get from the bidder registration staff or Christie’s on +91 22 2280 7905.

 

2 STORAGE

(a) If you have not collected the lot (or, where you are covered under D2(c) or D2(d), if we have not delivered in accordance with your written instructions received by us prior to bidding) within 30 days from the date of the auction, we or our appointed agents can:

(i) charge you and you will have to pay all storage fees while the lot is still at our saleroom; or

(ii) charge you and you will have to pay all transport and storage costs if the lot is removed to a warehouse.

(b) Details of the removal of the lot to a warehouse, fees and costs are set out at the back of the catalogue on the page headed ‘Storage and Collection’.

 

H TRANSPORT AND SHIPPING

1 TRANSPORT AND SHIPPING

(a) We will enclose a transport and shipping form with each invoice sent to you.

(b) You must make all transport and shipping arrangements. However, we can arrange to pack, transport and ship your lot if you ask us to and pay the costs of doing so including any import and export duties, OCTROI payments or taxes.

(c) We recommend that you ask us for an estimate, especially for any large items or items of high value that need professional packing. We may also suggest other handlers, packers, transporters or experts if you ask us to do so. For more information, please contact Christie’s on +91 22 2280 7905. We will take reasonable care when we are handling, packing, transporting and shipping a lot. However, if we recommend another company for any of these purposes, we are not responsible for their acts, failure to act or neglect.

(d) If you are covered under D2(c) or D2(d), we shall pack, transport, ship and deliver your property at your premises as per your instructions received in writing prior to the bidding. We shall engage our handlers, packers, transporters and provide you with the estimate of cost. Cost of shipment and transportation would be additionally invoiced to you along with the applicable Central Sales Tax, Service Tax and Customs Duties.

 

2 EXPORT AND IMPORT

Any lot sold at auction may be affected by laws on exports from the country in which it is sold and the import restrictions of other countries. Any lot exported from India must be done in compliance with the export and foreign exchange laws of India. Many countries require a declaration of export for property leaving the country and/or an import declaration on entry of property into the country. Local laws may prevent you from importing a lot or may prevent you selling a lot in the country you import it into.

(a) You alone are responsible for getting advice about and meeting the requirements of any laws or regulations which apply to exporting or importing any lot prior to bidding. If you are refused a licence or there is a delay in getting one, you must still pay us in full for the lot. We may be able to help you apply for the appropriate licences if you ask us to and pay our fee for doing so. However, we cannot guarantee that you will get one. For more information, please contact Christie’s on +91 22 2280 7905. 

 

3 ANTIQUITIES AND ART TREASURES 

(a) Lots marked with the symbol * are Art Treasures by the artists set out in 3(b) below and/or Antiquities under the Antiquities and Art Treasures Act 1972.These lots cannot be exported outside of India. If you are the successful bidder for any such lot you agree not to export such lot outside of India.

(b) Rabindranath Tagore; Amrita Sher-Gil; Jamini Roy; Nandalal Bose; Ravi Verma; Gaganendranath Tagore; Abanindranath Tagore; Sailoz Mukherjea; and Nicholas Roerich.

(c) You are responsible for meeting the requirements of the Antiquities and Art Treasures Act 1972 and any related state legislation.

(d) Please note that lots are marked as a convenience to you, but we do not accept liability for errors or for failing to mark lots.

(e) If you were the successful bidder for any antiquity, you agree to keep confidential the name and address of the seller where shown on any antiquity related paperwork.

 

I OTHER TERMS

1   OUR LIABILITY TO YOU 

(a) We give no warranty in relation to any statement made, or information given, by us or our representatives or employees, about any lot other than as set out in the authenticity warranty and, as far as we are allowed by law, all warranties and other terms which may be added to this agreement by law are excluded. We have no liability to you in relation to the seller’s warranties in paragraph E1 above.

(b) We are not responsible to you for any reason (whether for breaking this agreement or any other matter relating to your purchase of, or bid for, any lot) other than in the event of fraud or fraudulent misrepresentation by us or other than as expressly set out in these Conditions of Sale.

(c) We have no responsibility to any person other than a buyer in connection with the purchase of any lot.

(d) If, in spite of the terms in paragraphs (a) to (c) above, we are found to be liable to you for any reason, we shall not have to pay more than the purchase price plus buyer’s premium paid by you to us. We will not be responsible to you for any reason for loss of profits or business, expected savings or interest, costs, damages, or expenses.

 

2   OUR ABILITY TO CANCEL

In addition to the other rights of cancellation contained in this agreement, we can cancel a sale of a lot if we reasonably believe that completing the transaction is or may be unlawful or that the sale places us or the seller under any liability to anyone else or may damage our reputation.

 

3 RECORDINGS

We may videotape and record proceedings at any auction. We will keep any personal information confidential. However, we may, through this process, use or share these recordings with another Christie’s Group company and marketing partners to analyse our customers and to help us to tailor our services for buyers. If you do not want to be videotaped, you may make arrangements to make a telephone or written bid or bid on Christie’s LIVE™ instead. Unless we agree otherwise in writing you may not videotape or record proceedings at any auction.

 

4 COPYRIGHT

We own the copyright in all images, illustrations and written material produced by or for us relating to a lot (including the contents of our catalogues). You cannot use them without our written permission. We do not offer any guarantee that you will gain any copyright or other reproduction rights to the lot.

 

5 ENFORCING THIS AGREEMENT

If a court finds that any part of this agreement is not valid or is illegal or impossible to enforce, that part of the agreement will be treated as being deleted and the rest of this agreement will not be affected. 

 

6 TRANSFERRING YOUR RIGHTS AND RESPONSIBILITIES

You may not grant a security over or transfer your rights or responsibilities under these terms on the contract of sale with the buyer unless we have given our written permission. This agreement will be binding on your estate and anyone who takes over your rights and responsibilities. 

 

7 TRANSLATIONS 

If we have provided a translation of this agreement, we will use this original version in deciding any issues or disputes which arise under this agreement.

 

8 PERSONAL INFORMATION 

We will hold and process your personal information and may pass it to another Christie’s Group company for use as described in, and in line with, our privacy policy at http://www.christies.com/about-us/contact/privacy/or as otherwise required by law or government organisation.

 

9 WAIVER

No failure or delay to exercise any right or remedy provided under these conditions of sale shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.

 

10 LAW AND DISPUTES

This agreement and any rights arising out of this agreement will be governed by Indian law. Before either of us starts any court proceedings (except in the limited circumstances where the dispute, controversy or claim is related to a lawsuit brought by a third party and this dispute could be joined to that proceeding), we shall refer any dispute or difference arising out of this agreement to arbitration to be settled by an arbitral panel consisting of three arbitrators. You shall nominate one arbitrator and we shall nominate another. The two arbitrators so nominated shall jointly nominate the third arbitrator. The third arbitrator shall act as the presiding arbitrator. Such arbitration shall be held in India in accordance with the rules of the International Chamber of Commerce, India. The decision of the arbitration panel shall be final and binding on you and us. The arbitration proceedings shall be held in Mumbai, India and shall be conducted in the English language. Subject to the above, the courts in Mumbai, India will have jurisdiction over this agreement. However, we will have the right to bring proceedings against you in any other court.

11 REPORTING ON CHRISTIES.COM

Details of all lots sold by us, including catalogue descriptions and prices, may be reported on christies.com. Sales totals are hammer price plus buyer’s premium and do not reflect costs, financing fees, or application of buyer’s or seller’s credits. We regret that we cannot agree to requests to remove these details from www.christies.com.

 

J GLOSSARY 

authentic: a genuine example, rather than a copy or forgery of:

(i) The work of a particular artist, author or manufacturer, if the lot is described in the title description (and not qualified) as the work of that artist, author or manufacturer;

(ii) A work created within a particular period or culture, if the lot is described in the title description (and not qualified) as a work created during that period or culture;

(iii) A work for a particular origin source if the lot is described in the title description (and not qualified) as being of that origin or source; or

(iv) In the case of gems, a work which is made of a particular material, if the lot is described in UPPER CASE type as being made of that material.

authenticity warranty: the guarantee we give in this agreement that a lot is authentic as set out in section E2 of this agreement.

buyer’s premium: the charge the buyer pays us for providing the services listed in D1 above.

catalogue description: the description of a lot in the catalogue for the sale, as amended by any saleroom notice.

Christie’s Group: Christie’s International Plc, its subsidiaries and other companies within its corporate group.

condition: the physical condition of a lot.

estimate: the price range included in the catalogue or any saleroom notice within which we believe a lot may sell. Low estimate means the lower figure in the range and high estimate means the higher figure. The mid estimate is the midpoint between the two.

hammer price: the amount of the highest bid the auctioneer accepts for the sale of a lot.

lot: an item to be offered at auction (or two or more items to be offered at auction as a group).

provenance: the ownership history of a lot.

qualified has the meaning given to it in paragraph E2 and Qualified title headings means the section headed Qualified title headings on the page of the catalogue headed “Important Notices and Explanation of Cataloguing Practice”.

reserve: the confidential amount below which we will not sell a lot.

saleroom notice: a written notice posted next to the lot in the saleroom and on christies.com, which is also read to prospective telephone bidders and notified to clients who have left commission bids, or an announcement made by the auctioneer either at the beginning of the sale, or before a particular lot is auctioned.

title description has the meaning given to it in paragraph E2.

total amount due: has the meaning given to it in paragraph F 1 (a).

UPPER CASE type means having all capital letters.

warranty: a statement or representation in which the person making it guarantees that the facts set out in it are correct.

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Storage and Collection

Storage and Collection

All lots (sold & unsold) will be removed and warehoused by G4Si at:

G4S International Ltd

C/o SEQUEL LOGISTICS PRIVATE LIMITED

Plot No. 23, Marol Industrial Area, 

MIDC Main Road, 

Behind Hotel Saffron Spice,

Andheri (East), 

Mumbai - 400 093

India

 

All Lots will be held at G4Si /Sequel Logistics Pte Ltd warehouse from 17 December onward and will be available by appointment only.

Opening Hours:

09:00 to17:00 hrs. – Monday to Friday

Contact: CHRISTIE’S 

Telephone: +91 22 2280 7905 

Opening Hours:

10:00 to 18:00 hrs - Monday to Friday

 

collection

Lots will only be released from G4Si / Sequel Logistics Pte Ltd warehouse on production of the collection order from: 

CHRISTIE’S India Private Limited

B 11 Dhanraj Mahal, Chhatrapati Shivaji Marg

Apollo Bunder, Mumbai 400 001, India

Lots will not be released until all outstanding charges due to Christie’s, Customs and G4Si have been settled in full.

Collection of Lots

(by appointment only from

17 December)

G4S International Ltd

c/o SEQUEL LOGISTICS,

Andheri (East), 

Mumbai - 400 093

Duty & Tax payable at local rate based on invoice value.

Customs Documentation INR 14,900

Per entry/invoice of imported lots only.

Handling INR 2,700per lot

Art handlers INR 5,000 per handler per day during working hours 08:00-17:00 hrs 

Bubble wrap: Free at client’s own risk

Soft wrap: (Card Jacket, Acid Free Paper Blanket) dependant on size of art work.

Min - INR 3,000/lot

Max – INR 6,000/lot

Local Deliveries

(with fine art vehicle, temperature controlled, soft wrapping and accompanied by fine art handlers)

Mumbai Only

Duty & Tax payable at local rate based on invoice value.

Customs Documentation INR 14,900 Per entry/invoice of imported lots only.

Handling INR 2,700per lot

Art handlers INR 5,000 per handler per day during working hours 08:00 -17:00 hrs

Delivery (excluding insurance, available on request) INR 7,400/lot during working hour

Bubble wrap: Free at client’s own risk

Soft wrap: (Card Jacket, Acid Free Paper Blanket) dependant on size of art work.

Min - INR 3,000/lot

Max – INR 6,000/lot

Wooden Crates: works would be soft wrapped, as above, and placed inside a bespoke crate charged at INR 11,850/cubic meter

National & International Deliveries

(as per client’s requested mode & instruction)

National (within India)

International

Customs Documentation INR 14,900

Per entry/invoice

Handling INR 2,700 per lot

Art handlers INR 5,000 per handler per day during working hours 08:00 -17:00 hrs

Delivery to Airline and onward shipment dependant on art work size & final destination. Comprehensive quote on request 

Wooden Crates Mandatory for National & International movements: works would be soft wrapped, as above, and placed inside a bespoke crate charged at INR 11,850/cubic meter

Important Information

•
All sold lots are stored at G4Si facility after the sale, all deliveries and collections can only be completed by appointment and with G4Si. Release will only be granted if all charges mentioned above are paid and upon presentation of collection order produced by Christie’s India Pte Ltd.

• All lots will be stored free of charge for a period of 30 days from auction at G4Si local facility.

•
After 30 days from the date of the auction all lots will be subject to a daily storage rate and administration charges of INR 1,000 per lot per day (plus applicable service Tax) at the discretion of Christie’s India Pte Ltd. This will be payable in full prior to release.

•
As set out in the Conditions of Sale, risk and responsibility for the sold lots (including frames or glass where relevant) passes to the buyer at the expiration of 30 days from the date of the sale or on collection by the buyer if earlier. Buyers are respectfully reminded that it is their responsibility to ensure the purchased lots are covered by adequate insurance.

•
Lots sold at the auction may be subject to import restrictions and taxes. It is the buyer’s sole responsibility to obtain the relevant import licence for their country of residence and settle any duty / tax payable.

•
Lots can only be released / shipped once full payment of all charges, including handling and shipping charges has been received. Payments for all Storage & Collection charges are to be paid to G4Si. Payment can be made by bank transfer / credit. The items will not be released until confirmation of cleared funds. 

 

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Explanation of Cataloguing

EXPLANATION OF
CATALOGUING PRACTICE

The following expressions with their accompanying explanations are used by Christie’s as standard cataloguing practice. Our use of these expressions does not take account of the condition of the lot or of the extent of any restoration. 

Buyers are recommended to inspect the property themselves. Written condition reports are usually available on request.

1. MF HUSAIN

In our qualified opinion a work by the artist.

2. Attributed to MF HUSAIN∆

In our qualified opinion a work of the period of the artist which may be in whole or part the work of the artist.

3. Circle of MF HUSAIN∆

In Christie’s qualified opinion a work of the period of the artist and closely related in his style.

4. School of MF HUSAIN∆

In our qualified opinion a work by a pupil or follower of the artist.

5. Style of MF HUSAIN∆

In our qualified opinion a work in the style of the artist, possibly of a later period.

6. After MF HUSAIN∆

In our qualified opinion a copy of the work of the artist.

7. ‘signed’

Has a signature which in our qualified opinion is the signature of the artist.

8. ‘bears signature’ and/or ‘inscribed’

Has a signature and/or inscription which in our qualified opinion might be the signature and/or inscription of the artist.

9. ‘dated’

Is so dated and in our qualified opinion was executed at about that date.

10. ‘bears date’

Is so dated and in our qualified opinion may have been executed at about that date.

11. ‘seal’

Has a seal which in our qualified opinion is a seal of the artist.

12. ‘bears seal’

Has a seal which in our qualified opinion might be a seal of the artist.

∆This term and its definition in this Explanation of Cataloguing Practice are a qualified statement as to Authorship. While the use of this term is based upon careful study and represents the opinion of experts, Christie’s and the consignor assume no risk, liability and responsibility for the authenticity of authorship of any lot in this catalogue described by this term. 

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Symbols Used in this Catalogue

* 

Lots which are Antiquities and/or Art Treasures under the Antiquities and Art Treasures Act 1972 which cannot be exported outside India

 

Ω

Lots have been imported into India and in order to remove the lots from a Free Trade Warehousing Zone and release into Indian free circulation, customs duty at 14% will be added to the hammer value and the applicable VAT/CST will be charged on the duty inclusive value of the hammer.

Please note that lots are marked as a convenience to you and we shall not be liable for any errors in,
or failure to, mark any lot

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Sale Title


AUCTION 

AUCTION CODE AND NUMBER 
In sending absentee bids or making enquiries, this sale should be referred to as LIBRARIAN-1203

AUCTIONEERS 

VIEWING 

CONDITIONS OF SALE 
This auction is subject to Important Notices, Conditions of Sale and to Reserves 

BUYING AT CHRISTIE’S 
For an overview of the process, see the Buying at Christie’s section. 

This auction features CHRISTIE'S LIVE 
Bid live in Christie’s salerooms worldwide 
register at www.christies.com

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Specialists and Services

South Asian Modern + Contemporary Art

Deepanjana Klein

International Head of Department

dklein@christies.com

+1 212 636 2190

New York

Sonal Singh

Head of Department

ssingh@christies.com

+91 22 2280 7905

Mumbai

Nishad Avari

Associate Specialist

navari@christies.com

+91 22 2280 7905

Mumbai

Damian Vesey

Associate Specialist

dvesey@christies.com

+44 (0)20 7389 2106

London

Sheila Parekh-Blum

Associate Specialist

sparekh@christies.com

+1 212 636 2190

New York

Anita Mehta

Senior International Administrator

amehta@christies.com

+1 212 636 2190

New York

Umah Jacob

Administrator

ujacob@christies.com

+91 22 2280 7905

Mumbai

Georgina Bale

Administrator

gbale@christies.com

+44 (0) 20 7389 2831

London

Classical Indian
and Southeast Asian Art

arts of india

Sandhya Jain-Patel

Head of Department
sjain@christies.com

+1 212 636 2190

New York

Romain Pingannaud 

Head of Department

rpingannaud@christies.com

+44 (0)20 7752 3233

London

Leiko Coyle

Specialist
lcoyle@christies.com

+1 212 636 2404

New York

Isabel McWilliams

Junior Specialist 

imcwilliams@christies.com

+1 212 636 2188

New York

business development

Amin Jaffer

International Director 

ajaffer@christies.com

+44 (0)20 7389 2939

London

Sanjay Sharma

Managing Director

ssharma@christies.com

+9 1 981 032 2399 

India

Zain Talyarkhan

Director, Russia

ztalyarkhan@christies.com

+44 (0)20 7389 2438 

London

Navaz Sanjana

Office Manager

nsanjana@christies.com

+91 22 2280 7905

Mumbai

services

Auction Services

India: +91 22 2280 7905
Fax: +91 22 2280 7911
UK: +44 (0)20 7839 9060
US: +1 212 636 2000
www.christies.com
bids&paddlesmumbai@christies.com

 

Catalogues Online

Lotfinder®
www.christies.com

consultants

Arun Vadehra

business Manager

Julia Grant 

jgrant@christies.com

+44 (0)20 7752 3113

London