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 read the Notices displayed at the Auction and pay attention to the oral announcements that may be made, without prior written notice, before or during the Auction.
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.
Bidder Registration
Bidders are requested to register at least 48 hours in advance of the Auction 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 symbols 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 the Lot may contain material subject to import or export restrictions. This information is made available for the Buyer and the absence of the symbol is not a warranty that there are no restrictions regarding import or export. Albahie does not accept liability for errors or failing to mark Lots. A Buyer's inability to export or import any lots with this symbol cannot justify a delay in payment or cancellation of sale.
(?) Lots with this symbol indicate the Lot may contain organic materials.
Watches & Clocks
Almost all clocks and watches are repaired in their lifetime and may include parts which are not original. AlBahie does not give a warranty that any individual component part of any watch or clock is authentic. Watchbands described as 'associated' are not part of the original watch and may not be authentic. Clocks may be sold without pendulums, weights or keys.
As collectors' watches and clocks often have fine and complex mechanisms, a general service, change of battery or further repair work may be necessary, for which you are responsible. We do not give a warranty that any watch or clock is in good working order. Certificates are not available unless described in the Catalogue.
Most wristwatches have been opened to find out the type and quality of the movement. For that reason, wristwatches with water resistant cases may not be waterproof and we recommend you have them checked by a competent watchmaker before use.
Rugs & Carpets
Some countries prohibit or restrict the purchase and/or import of Iranian- origin "works of conventional craftsmanship" (works that are not by a recognized artist and/or that have a function, for example: carpets, bowls, ewers, tiles, ornamental boxes). For example, the USA prohibits the import of this type of property and its purchase by US persons (wherever located). Other countries only permit the import of this property in certain circumstances. As a convenient to Buyers, AlBahie indicates these lots with symbol (diamond with open circle). It is Buyer's responsibility to ensure you do not bid on or import a lot in contravention of the sanctions or trade embargoes that apply to you.
Bidders are advised that the Gulf Cooperation Council has imposed a ban on the importation of Iranian goods to or via its member states. Please check with shippers whether you will be able to ship Iranian/Persian origin carpets to a GCC member state prior to purchase.
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 (QAR 273,750) of the Hammer Price.
15% from $75,001 (QAR 273,754) to $750,000 (QAR 2,737,500) of the Hammer Price 10% above $750,001 (QAR 2,737,503) of the Hammer Price.
For all Lots, taxes (where required) 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 or above the Estimate. The Estimates may be subject to revision at AlBahie's sole discretion.
Although the auction 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 an open diamond symbol.
Currency Convertor
An electronic currency converter may be operated at some Auctions. 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 screens at some Auctions. 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 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 the Auctioneer will make an announcement to that effect.
Conditions of Lots
All Lots are offered for sale described in the Catalogue and 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 or 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, or age of the Lot. AlBahie makes no representations 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. All prospective Bidders are deemed to have duly observed and examined the Lots prior to the Auction. 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.
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. 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, online, through an agent or in writing.
Bidders must provide proof of identity and address when submitting 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. A numbered paddle will be provided to the Bidder.
Bidder should keep the paddle at all times, 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 the assigned 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, online, through an agent or in writing are offered as an additional service at the Bidder's sole risk.
Bidding By Telephone
The Bidder should fill a Telephone Bidding Form at least 24 hours in advance of the Auction.
Telephone calls will be recorded.
AlBahie shall not be liable for any break in telephone connection, failure to connect or error or omission or interruption or delayed connection.
Bidding Online
Please visit our website at http://www.albahie.com for details about registering to bid online.
Bidding Through an Agent
AlBahie may accept bids from an Agent on behalf of a principal, when an authorization letter to bid issued and signed by the principal is provided. 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 at least 24 hours prior to the Auction.
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 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 the required bidding form to AlBahie and supplied the required information and references.
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. The 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. The 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 through any of the above mentioned methods, Bidders assume personal responsibility for paying the Hammer Price plus the Buyer's Premium and any other charges due immediately after the Auction as may be agreed otherwise before the sale in writing 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 "Amounts Due"):
- 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.
The payment to AlBahie is due in the currency of the place of the sale which is Qatari Riyals (QAR). The payment for Lots purchased in any currency other than QAR 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 & Mastercard), wire transfer, in cash up to a maximum of $25,000 (QAR 100,000) or by cheque to be made payable to AlBahie Auction House W.L.L.
AlBahie will not accept any payment for sold Lots from any party other than the registered Buyer, unless otherwise agreed before the sale in writing between AlBahie and the Bidder.
The Lot will not be released and delivered to the Buyer and Title will not pass to You unless the following conditions are met: (i) AlBahie having received all the Amounts Due 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,anti- terrorism 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.
Lot Collection
All purchased Lots can be collected from AlBahie Auction House, Katara Cultural Village, Building 22C. On occasion, lots may be relocated and stored at AlBahie's Warehouse and will be available for collection by appointment only. Albahie requires 48 hours notice prior to collection from the warehouse.
All Lots remaining at Albahie's Warehouse over 90 days will be subject to a daily storage fee.
The storage fees shall form part of the Amounts Due.
Lots will be released to the Buyer or to Buyer's authorized representative only when (i) full and clear payment has been received by AlBahie, (ii) a collection order to AlBahie has been received 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 and the Seller will not be responsible for the Lot following the auction 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.
Rugs & Carpets
Some countries prohibit or restrict the purchase and/or import of Iranian- origin "works of conventional craftsmanship" (works that are not by a recognized artist and/or that have a function, for example: carpets, bowls, ewers, tiles, ornamental boxes). For example, the USA prohibits the import of this type of property and its purchase by US persons (wherever located). Other countries only permit the import of this property in certain circumstances. As a convenient to Buyers, AlBahie indicates these lots with symbol (diamond with open circle). It is Buyer's responsibility to ensure you do not bid on or import a lot in contravention of the sanctions or trade embargoes that apply to you.
Bidders are advised that the Gulf Cooperation Council has imposed a ban on the importation of Iranian goods to or via its member states. Please check with your shippers whether you will be able to ship Iranian/Persian origin carpets to the GCC member state prior to purchase.
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 Buyer 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 under Qatari Laws.
Remedies for Failure to Collect the Lot
If the Lot is paid 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 under 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 is made within one (1) year from the Auction Date; and
(ii) The original Buyer to whom the original invoice was issued has 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; 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; 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 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 You, 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; and
· -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 Bidders 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 of 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 Auction. "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 auction published by AlBahie prior to or upon the Auction.
"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 Auctioneer 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 at Auction.
"Purchase Price" is the Hammer Price and the Buyer's Premium and any applicable fees, taxes or tarrifs on the Hammer Price.
"Reserve" means the confidential minimum price at which a Lot may be sold. "Sale" is the Auction 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.
