Terms and Conditions of Sale
Important Notices to Bidders.
These Notices shall apply to any Bidder and potential Bidder interested in a Lot. ("Bidders" or "Buyers" or "You"). Bidders must read these Notices, consult the Catalogue and/or read the Notices displayed at the Auction and/or pay attention to the oral announcements that may be made, without prior written notice, before or during the Auction Sale.
AlBahie's Role
AlBahie Auction House ("AlBahie" or "Us") acts as agent for and in the interests of the Seller, except as otherwise stated.
If AlBahie sells a Lot as principal, AlBahie will mention it in the Catalogue or Auctioneer will make an announcement to that effect during the Auction sale.
Bidder registration
Bidders are required to register at least 48 hours in advance of the Auction Sale Date.
Bidders should bring their passport or national identity card or certificate of incorporation (for corporate Bidders), a proof of current address and a financial reference in the form of a recent bank statement or a reference from your bank.
The Agent who is registering to bid on behalf of his principal should produce an identification document for himself and for the principal and an authorization letter to bid issued and signed by the principal.
Explanation of Catalogue Symbols
The following signals used in this Catalogue have the following indications:
(?) Lots with this symbol indicate that the Lot is owned in whole or in part by AlBahie or AlBahie may have an economic interest in it.
(?) Lots with this symbol indicate that the Lot is not subject to a Reserve.
(?) Lots with this symbol indicate that the Lot is made of incorporating endangered species andcontains elements of Ivory or other protected species of wildlife.
(?) Lots with this symbol indicate that the Lot contains organic materials.
Buyer's premium
A premium will be added to the Hammer Price of the Lot and is payable by the Buyer as part of the total purchase price at the following rates:
23% up to 75,000 $ (QR 272,250) of the Hammer Price.
15% from 75,001 $ (QR 272,254) to 750,000 $ (QR 2,722,500) of the Hammer Price
10% above 750,001 $ (QR 2,722,504) of the Hammer Price.
For all Lots, taxes (where relevant) are payable on the Hammer Price at the applicable rate.
Estimates
The Estimates are an expression of AlBahie's opinion made on behalf of the Seller of the range within which the Lot may be sold.
The Estimates should not be relied on as an indication of the actual selling price or the value of the Lot and are intended only as a guide for Bidders.
Estimates do not include Buyer's Premium or GCC import tax. A Lot can sell for the Hammer Price below and above the Estimate. The Estimates may be subject to revision at AlBahie's sole discretion.
Although the auction sale is conducted in US Dollars, the Estimates are in US Dollars and Qatari Riyals. The payment for Lots purchased in any currency other than Qatari Riyals will be at the rate of exchange prevailing on the day that payment is received in clear funds.
Reserves
All Lots are offered subject to a Reserve. If any Lot is offered in the Catalogue without a Reserve, the Lot is indicated by a box ( ? ).
Currency convertor
An electronic currency converter may be operated at some Auction. AlBahie is not responsible for any error or omission in the operation of the currency converter.
Video cameras
AlBahie may use video cameras or digital screen at some Auction. The image on
the screen should be treated as an indication only. AlBahie is not responsible for
any error which may arise in the use/operation of the screen.
AlBahie may transmit the recordings over the internet via AlBahie's website.
Conditions of Sale
These Conditions of Sale and AlBahie's warranty govern the contractual relationship of AlBahie and the Seller with the Buyer. The Important Notices, the Definitions and Glossary stated in the Catalogue and any notices printed in the Catalogue or Auctioneer's announcement at the Auction Sale are incorporated into these Conditions of Sale. The act of participating in this Auction implies the unconditional acceptance by the Buyers and their representatives of the Conditions of Sale set out below. Except as otherwise stated, AlBahie acts as agent for and in the interests of the Seller. Whenever AlBahie sells a Lot as principal, AlBahie will mention it in the Catalogue or Auctioneer will make an announcement to that effect.
Conditions of Lot
All Lots are offered for sale described in the Catalogue and/or in the condition they are at the time of the auction on an "as is" basis. The Description of the Lot is based on the information provided by the Seller to AlBahie. Any information, description, statement related to the condition of the Lot and its nature made in the Catalogue or in the Condition Report or otherwise, is a statement of opinion and does not constitute a statement of fact. You are strongly invited to inspect the Lot at the Pre-auction exhibition open to the public.
Any statement made by AlBahie related to the attribution of the Lot to a certain artist, origin, provenance, background, date or any attribution whatsoever, is a statement of opinion and AlBahie assumes no risk, liability and responsibility for the authenticity of authorship of any Lot in this Catalogue. AlBahie makes no representations or warranty as to the quality, suitability, authenticity, authorship, attribution, condition, provenance, history, background, style, origin, value, period, age of the Lot. AlBahie makes no representation or warranty that the Buyer will acquire any copyright or other reproduction rights in it. Bidders acknowledge that AlBahie does not carry out any due diligence on the Lot. It is the Bidders responsibility to inspect and investigate the Lot prior to bidding, to satisfy themselves as to both the condition of the Lot, its attribution and the accuracy of its Description. And all prospective Bidders are deemed to have duly observed and examined the Lots prior to the Auction date. AlBahie may make reference in the Catalogue or Condition Report to imperfections in the Lot, however the Lot may contain imperfections not expressly mentioned in the Catalogue or Condition Report, therefore AlBahie recommends that You carry out the necessary inspection and investigation prior to the Auction date. Bidders acknowledge that many Lots offered for sale in the Auction are not in perfect condition due to their nature and age and may have been damaged or repaired and Bidders should not assume that a Lot is in good condition. Bidders acknowledge that any Estimate of the Selling price made by AlBahie should not be relied on as a prediction of the selling price or of its value. Bidders acknowledge that the illustration and photographs in the Catalogue may not reveal the true condition of a Lot and may not reflect an accurate reproduction of the colors of the Lot.
Bidding
Bidding can be made in person, by telephone, via internet, through an agent or in writing.
Bidders must provide proof of identity and address when submitting for bids, otherwise the Bid will not be considered placed. (Please refer to Bidder Registration in the Important Notices printed in this Catalogue)
Bidding in person
The Bidder should fill a Bidder registration form on or prior to the Auction date. A numbered paddle will be handed to the Bidder. Bidder should keep the paddle at all times with him, as all Lots will be invoiced to the name and address in which the paddle has been registered. All biddings at auction are affected by raising appropriate paddles; the Buyer is committed to the Bid placed by raising his paddle. At the end of the Auction, Bidder should return the paddle to the registration desk. If there is any doubt as to the price or whether the Bidder is the successful Buyer, the Bidder should draw the Auctioneer's attention before the next Lot is offered for sale. Biddings by telephone, via internet, through an agent or in writing are offered as an additional service for no extra charges, are at the Bidder's sole risk.
Bidding by telephone
The Bidder should fill a telephone Bidding Form and return it to the office responsible for the auction sale at least 24 hours in advance of the Auction date. 2 AlBahie Auction House - Terms & Conditions of Sale Telephone calls will be recorded. AlBahie shall not be liable for any break in telephone connection, failure to connection or error or omission or interruption or delayed connection.
Bidding via internet
Please visit our website at http://albahie.com for details about registering to bid via internet.
Bidding through agent
AlBahie may accept bids from an agent on behalf of a principal. An authorization letter to bid issued and signed by the principal is required. The agent will be jointly and severally liable with the principal to the Seller and to AlBahie to pay the Hammer Price and the Buyer's premium and any other associated charges.
Absentee Bidding
The Bidder should fill an absentee bidding form. Written bids should be received at least 24 hours prior to the Auction sale date. If two or more Bidders submit identical bids for a Lot, the first written bid received by AlBahie takes preference. Written Bids should be placed in the USD. AlBahie shall not be liable for failing to place or receive any such bid.
Conduct of the Auction Sale
AlBahie will not accept Bids from any prospective Bidder who has not completed and delivered Bidding Form to AlBahie and supplied any information and references required. AlBahie has absolute and sole discretion to refuse admission of any person to the Auction and to reject any Bid. Bidders act as principal, unless it has been explicitly agreed in writing with AlBahie prior to the Sale that the Bidders are acting as agent for another party. Unless otherwise stated, all Lots are offered subject to a Reserve which shall not exceed the low Estimate in the Catalogue. Auctioneer may open the bidding on any Lot and will place a bid or consecutive bids on behalf of the Seller until he reaches the amount of the Reserve. The Auctioneer will not identify bids placed on behalf of the Seller. Auctioneer has absolute right and discretion to refuse a bid, re-offer a Lot for sale even after the fall of the Hammer, withdraw a Lot, advance the bidding, cancel the sale and take all appropriate actions. The Buyer will be the Bidder who makes the highest bid for the Lot acceptable by the Auctioneer and at his discretion and to whom the Lot is knocked down on the striking of the Auctioneer's Hammer. Any dispute related to the highest acceptable bid will be settled by the Auctioneer at his sole discretion.
Payment
By bidding a lot through any of the above mentioned methods, Bidders assume personal responsibility for paying the purchase price plus the Buyer's premium and any other charges due immediately after the Auction sale as may be agreed otherwise before the sale in written between AlBahie and the Buyer. Bidders are personally liable and are jointly and severally liable with their principal when bidding as agent, to pay the following to AlBahie: The Hammer Price for the Lot; Buyer's Premium as set out in the Important Notices; Any Expenses payable pursuant to this Agreement; and Any applicable taxes, if any. (the "Amounts Due") The payment to AlBahie is due in the currency of the place of the sale which is Qatari Riyals (QR). The payment for Lots purchased in any currency other than QR will be at the rate of exchange prevailing on the day that payment is received in clear funds.
Payment may be made in any of the following ways: Credit card (visa & master card), wire transfer, in cash up to a maximum of 25,000 $ (QR 100,000) or by cheque to be made payable to AlBahie. AlBahie will not accept any payment for Lots sold from any party other than the registered Buyer, unless otherwise agreed before the sale in written between AlBahie and the bidder. The Lot will not be released and delivered to the Buyer and Title will not pass to him unless the following conditions are met: (i) AlBahie having received all the Amounts Due to Seller and to Us in cleared funds and (ii) the Buyer having performed any outstanding obligation as may be required by AlBahie (including but not limited to the checks required related to anti-money laundering,antiterrorism financing). In the event the checks made by AlBahie are not satisfactory, AlBahie shall cancel the Sale and take all appropriate actions permitted by law.
Collection of the Lot
All purchased Lots can be collected on the day of the sale till the 10th of April 2016 from AlBahie, Katara Cultural Village, Building 22C. After the 10th of April ?2017. Lots will be relocated and stored at AlBahie's warehouse and will be available for collection by appointment only from 12th of April2017. We require 48 hours notice prior to collection from the warehouse. Storage is free of charge till the end of April ?2017. All Lots remaining at the warehouse after 30st ?of April ?2017 will be subject to a daily storage charge. The storage fees shall form part of the Amounts Due. Lots will be released to the Buyer or to his authorized representative only when (i) full and cleared payment has been received by AlBahie, (ii) a collection order from AlBahie has been produced and (iii) appropriate identification has been provided. Buyer acknowledges and agrees that he will not be allowed to collect the Lot from AlBahie's premises unless he has paid all the Amounts Due. Buyer acknowledges and agrees that the Lot purchased is at his risk from the Auction date and undertakes to arrange adequate insurance in respect of the Lot, and thus AlBahie's and the Seller will not be responsible for the Lot following the said date. The Buyer is responsible for any costs, expenses and losses which may arise in respect of any injury, loss and damage caused to the Lot after the fall of the Auctioneer's hammer. Buyer is responsible for packing, handling and transport of the Lot. AlBahie shall not be responsible for the acts or omissions of third party packers, handlers, shippers, carriers. The export of a lot from Qatar or the import into a foreign country may be subject to an import or export license. Buyer is solely responsible for complying with all import or export regulations related to the Lot and to obtain the relevant documents. AlBahie makes no representation or warranties as to whether any Lot is or not subject to export or import restrictions. The delay or denial of the authorities to issue an import/export license shall not justify the rescission of any sale or the delay of payment.
Shipping
It is the Buyer's responsibility to make all shipping arrangements for the purchased Lot.
Remedies for non-payment
Without prejudice to any rights that the Seller may have or that Albahie may exercise on behalf of the Seller, if the Buyer fails to make payment of the Amounts Due within 6 calendar days of the Auction Date, AlBahie is entitled to exercise one or more of the following rights and remedies, without any notice of default being required: Cancel the sale of the Lot; Take legal proceedings against You for payment of the Amounts Due and/or damages for breach of contract; Retain possession of the Lot; Resell the Lot by auction or private sale. If the re-sale is for less than the Amounts Due, the Buyer shall remain liable for the difference between the price obtained upon re-sale and the Amounts Due together with all costs, commissions, damages and legal fees incurred in such resale; Reject any future bid from the Buyer or refuse to allow the Buyer to register for a future sale; Exercise any and all rights and remedies available and permitted by the Qatari Laws.
Remedies for failure to collect the Lot
If the Lot is paid for but not collected within: - Three (3) months of the Auction Date, AlBahie shall store the Lot at its premises at Buyer's Expenses and risk; - Six (6) months of the Auction Date, the Buyer hereby irrevocably authorizes AlBahie to resell the Lot by auction or private sale. The proceeds of such sale less all costs incurred by AlBahie will be forfeited unless collected by the Buyer within 2 years of the original Auction Date.
Limitations of Liability
Neither AlBahie nor the Seller: - Is liable, whether in negligence or in any other way for lack of conformity with or inaccuracy, misdescription or omission in any description of the Lot or Estimate in respect of it, made by AlBahie or on behalf of the Seller (whether made in writing, in the Catalogue, on AlBahie's website, orally or otherwise) or whether made before or after this Agreement or prior to or during the Auction. - Is responsible towards the Bidders in respect of acts or omissions by AlBahie's with regard to the conduct of auction or the sale of any Lot. - Is liable for any indirect loss, incidental or consequential losses of any kind irrespective of whether the said loss is caused by or claimed in respect of any negligence, breach of contract or other tort. - Without prejudice to the foregoing and to the extent permitted by the Qatari Laws, AlBahie's liability will be limited to the payment of the Purchase Price of the Lot.
Forgeries
Subject to the terms and conditions of this paragraph, any Lot which proves to be a deliberate forgery may be returned to AlBahie, subject to the following conditions:
(i) The return of the Lot in question to be made within one (1) year from the Auction Date; and
(ii) The original Buyer to whom the original invoice was issued to must have remained the owner of the Lot; and
(iii) The Lot in question must be in the same condition as at the time of the Auction sale; and
(iv) The Buyer must be able to transfer title to the Lot in question to AlBahie, free from any liens, charges, encumbrances, third party claims arising after the date of the Auction sale; and
(v) The Buyer must produce a report/certificate by an expert deemed appropriate by Albahie showing that the Lot is a forgery; AlBahie shall not be bound by the report/certificate produced by the Buyer and reserves the right to seek the advice of another expert.
In the event the Lot is shown to be a forgery and subject to the above mentioned conditions, AlBahie will cancel the sale and refund to the Buyer the total amount paid by the Buyer to AlBahie for the Lot, in the currency of the original sale. Neither AlBahie nor the Seller will be liable for any indirect, special, incidental or consequential damages of any nature arising from the Lot's forgery including but not limited to loss of profits or revenue.
Buyer acknowledges and agrees that the Lot will not be returned if:
(i) The Catalogue description was in compliance with the generally accepted opinions of scholars and/or experts at the date of the Auction sale or indicated that there was a conflict of opinions.
(ii) the identification of the Lot would have been by means of a process not available or accepted for use until after the date on which the Catalogue was published, or by means of a process unreasonably expensive or impractical to use or likely would have caused damage to the Lot.
Personal Data
The Personal Data is any information or data about the Bidder that is personally identifiable to him, which includes but is not limited to the Bidder's name, gender, age, title, address, phone number, email address, credit card, art interests, financial information, personal interests, art purchases, previous biddings, and/ or other information which is not otherwise publicly available, received orally or collected or by using offline forms or by or through AlBahie's website.
AlBahie may disclose your Personal Data to any affiliate or member of our group. Your Personal Data will be shared with AlBahie's employees, contractors, agents, service providers or other third parties for managing and operating AlBahie's business and for the provision of Auction and other art related services including but not limited to shipping and insurance services and marketing.
Moreover, your Personal Data may be disclosed under the following circumstances:
· When AlBahie is required to do so by Court orders, or legal process, or when it exercises its legal rights or defends itself against legal claims; and
· To government authorities or third parties to conduct anti-money laundering and trade sanctions checks.
· In the event of a merger, acquisition, sale, reorganization, consolidation or liquidation of AlBahie by/with another entity. By submitting your Personal Data you consent to such transfer.
By providing your Personal Data you consent to AlBahie's transmission and process of your Personal Data in any jurisdiction outside Qatar, for the purposes listed above. By agreeing to these Conditions of Sale, Bidder is agreeing to such disclosure.
General
These Conditions of Sale set out the entire agreement between the Parties with respect to the subject matter hereof. Any notice required or permitted to be given hereunder shall be in writing, and may be given by personal service, registered mail or express courier to AlBahie's address. Notice to Buyers shall be addressed to the last address as mentioned in the Bidder registration form.
Albahie shall not be liable to the Buyer for loss of use, loss of profit or any other indirect or consequential damages, irrespective of the basis upon which the claim might be brought, and/or irrespective or the negligence thereof.
All waivers shall be made in writing, and the failure of any party hereto at any time to require the other party's performance of any obligation under this Agreement shall not affect the right subsequently to require performance of the obligation. Any waiver of breach of any provision in this Agreement shall not be construed as a waiver of any continuing or succeeding breach of such provision or a waiver or modification of the provision.
In case any one or more of the provisions of these Conditions of Sale shall be deemed by any governmental or competent authority to be invalid, illegal or unenforceable in any respect under any applicable law, the validity, legality and enforceability of the remaining provisions herein shall not in any way be affected or impaired.
This Agreement shall be binding on Buyer's successors, assigns and representatives.
This Agreement shall be governed by and construed in accordance with the laws of Qatar.
Any disputes, controversies or differences which may arise between the Parties hereto out of or in relation to or in connection with this Agreement shall be settled exclusively by the competent courts of the State of Qatar. All parties agree that AlBahie shall retain the right to bring proceedings in any court other than the Courts of Qatar.
Definitions and Glossary
"AlBahie" is AlBahie Auction House W.L.L, a company duly organized and existing under the laws of the State of Qatar, with Commercial Registration N° /63706/, P.O. Box 6255, Doha, Qatar. AlBahie is also referred to by the words "we", "us" and "our".
"Auctioneer" is the representative of AlBahie conducting the Sale.
"Bidder" is a person who completes and submits the Bidding Form. "Buyer" is the Bidder who makes the highest bid accepted by the Auctioneer and includes such person's principal when bidding as agent. The Buyer is also referred to by the words "You" and "Your".
"Buyer's Premium" means the commission on the Hammer Price payable by the Buyer at the rates stated in the Important Notices.
"Catalogue" is the catalogue relating to the sale published by AlBahie prior to or upon the Sale.
"Condition Report" is a report on the condition of a Lot provided upon the Bidder's request by AlBahie on behalf of the Seller and supplements the Catalogue description.
"Counterfeit" is a Lot that is an imitation created to deceive as to authorship, origin, date, age, period, culture or source.
"Description" is any statement or representation in any way descriptive of the Lot.
"Estimate" is a statement of AlBahie's opinion of the range within which the Lot may be sold.
"Hammer Price" is the last price for a Lot as announced by the auctioneers by the fall of the hammer.
"Important Notices" are the notices printed in the Catalogue.
"Lot" is the item consigned to AlBahie in order to sell it at Auction. "Purchase Price" is the Hammer Price and the Buyer's Premium and VAT on the Hammer Price (where applicable).
"Reserve" means the confidential minimum Hammer Price at which a Lot may be sold.
"Sale" is the Auction sale at which the Lot is to be offered for sale by AlBahie.
"Seller" is the person who offers the Lot for Sale (other than AlBahie's representatives). Seller includes both the agent and the principal who shall be jointly and severally liable as such.
Explanation of Catalogue terms
The terms used in this Catalogue have the following meaning: "Name of the artist" means that in our opinion the work is by the artist. "Signed and/or dated and/or inscribed" means that in our opinion the signature and/or the date and/or the inscription are of the artist. "Attributed to" means that in our opinion the work is probably by the artist. "Studio/Workshop" means that in our opinion the work is performed in the studio/workshop of the artist probably under the artist's direction. "Bears a signature and/or date and/or inscription" means that in our opinion the signature and/or the date and/or the inscription have been added by another hand than that of the artist. "After" means that in our opinion the work is a copy of a known work of the artist.
"In the event of any inconsistency between the English and Arabic texts or any dispute in the interpretation of any of the provisions hereof, the English version shall prevail".
