CONTEMPORARY ART

jeudi 14 septembre 2023 15:00
Aguttes Neuilly
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拍卖信息

当代艺术 - 从战后到当代


公开展览:

9 月 11 日星期一至 13 日星期三 :

上午 10 时至下午 1 时,下午 2 时至 5 时 30 分


部门负责人/专家 :

Ophélie Guillerot

+33 (0)1 47 45 93 02

guillerot@aguttes.com


编目员/专家助理 :

保罗-里戈

rigaud@aguttes.com


文件 / 交货和运输 :

Océane Verdier

+33 (0)1 41 92 06 48

verdier@aguttes.com


重要提示:销售条件见目录末尾。

请注意以 +, °, *, #, ##, ~ 开头的拍品,这些拍品适用特殊条件。

拍卖条款

SAS AGUTTES (“AGUTTES”) is an operator of voluntary public

auctions, declared to the Voluntary Sales Board and governed

by Articles L.321-4 et seq. of the French Commercial Code. In

this capacity AGUTTES acts as agent of the seller who contracts

with the auction winner.

These General Terms and Conditions of Sale (“GTC”) govern the

relationship between AGUTTES and bidders for public auctions

and negotiated sales organised by AGUTTES.

AGUTTES may modify the GTC in writing and/or orally prior

to the sale.

I- THE PROPERTY OFFERED FOR SALE

Description of lots: The indications given in the catalogue are

the responsibility of AGUTTES and its expert, subject to the

provisions mentioned below. Only indications in French are

binding on AGUTTES to the exclusion of translations, which

are free. They may be modified or corrected until the time of the

sale in writing or orally. These modifications shall be recorded

in the report of the sale, which shall have probative force.

No other guarantee is given by AGUTTES, it being recalled that

only the seller shall be bound by the guarantee against hidden

defects and the legal guarantee of conformity. A certificate of

authenticity of the lot will only be available if mentioned in the

description of the lot.

The dimensions, weights and other information of the lots

are given as an indication with a reasonable margin of error.

Restorations carried out as a precautionary measure, not

altering the age and style characteristics, and not making any

change to the specific nature of the lot, will not be mentioned

in the description.

The absence of any indication of restoration, accident or

incident in the catalogue or condition reports shall in no way

imply that the lot is free from any defect present, past or repaired.

Conversely, the mention of any defect does not imply

the absence of other defects.

The particular information in the catalogue has the following

meanings:

+ Lots forming part of a court-ordered sale following an order

of the Court of Justice, fees and expenses: 14.40% incl. tax;

° Lots, in which AGUTTES or one of its partners has financial

interests;

* Temporary import lots: subject to a fee of 5.5% fee for works

of art, collectibles and antiques (20% for wines and spirits,

jewelry and multiples),), to be borne by the buyer in addition

to the selling costs and the auction price, unless the buyer

is outside the EU;

¤ Goods sold under the general VAT regime (for the total);

# Lots visible only by appointment;

~ Lots made from materials from animal species. Import restrictions

are to be provided for.

Condition of lots: The lots are sold in the condition in which

they are found at the time of sale with their imperfections and

defects. Since lots are second-hand goods, no guarantee can

be given on the condition thereof.

References to the condition of a lot in a catalogue or condition

report may not be considered as an exhaustive description

of the condition of said lot. Descriptions may not under any

circumstances replace the personal examination of the lot as

indicated below. Condition reports will be sent upon request

and for information purposes.

Lot exposure: Potential bidders are required to personally

examine the lots at a private meeting prior to sale in order

to check the condition of the lot. Buyers are advised to be

accompanied by an expert in the field concerned by the sale.

Reproduction of lots: Not all defects and imperfections of

the batches are visible on the photographs of the batches

reproduced in the catalogues, online or on any communication

medium. Photographs may not give a fully faithful image of

the actual condition of a lot and may differ from what a direct

observer will receive (size, colour, etc.).

Estimates: The estimates are based on the state of technical

knowledge on the day of the estimate, the quality of the lot,

its origin, condition and the market price on the day of the

estimate. They are provided for information purposes only and

cannot be considered as a guarantee that the lot will be sold

at the estimated price.

II- THE SALE

Registration for sale: Important: the normal and priority method

to bid is to be present in the sales room. As a service, other

modes are possible that require prior registration:

- By telephone: AGUTTES accepts, free of charge, to receive

bids by telephone only for bidders who reported before 6 p.m.,

on the last business day before the sale. The potential bidder

must have received a prior confirmation email from AGUTTES

to be called.

- By purchase order: Any person previously registered and

wishing to bid will have the option to request the registration

of purchase orders from AGUTTES on their behalf. The order

must have been communicated in writing before 6 p.m. on the

last business day before the sale, and the bidder must have

received a confirmation email from AGUTTES to be called. No

unlimited order will be accepted. If AGUTTES receives multiple

purchase orders for identical auction amounts, the oldest order

will be selected.

- Online via Live platforms: The possibility of online auctions is

offered on platforms allowing remote participation in auctions

electronically, upon prior registration. The purchaser via the Live

platforms is informed that the fees charged by these platforms

will be borne exclusively by it.

Participation in the auction by telephone, internet or order is

carried out at the risk and peril of the bidder, AGUTTES cannot

be held liable in the event of nonparticipation of the auction

bidder for any reason whatsoever, particularly in the event of

malfunction or failure to perform (no response from the bidder,

error, interruption or omission in the reception of bids). Any

malfunction or interruption of the telephone or live service

will not prevent the auctioneer from continuing the auction,

at his discretion.

Procedure for identifying bidders: AGUTTES reserves the

right to ask any potential bidder to prove its identity and for a

legal entity, a Kbis extract less than three months old, it being

specified that only the legal representative of the company or

any duly authorised person may bid for and its bank details. In

the event of non-compliance with the identification procedures,

AGUTTES reserves the right to refuse its registration for the

auction. All lots sold will be invoiced in the name and address of

the client. No subsequent modification may be made. The bidder

is deemed to act in its own name and will be solely responsible

for the auction brought unless it is informed beforehand of

its capacity as agent under the conditions indicated below.

Any false indication shall incur the liability of the auction winner.

Mandate by a third party: The bidder with a mandate must

inform AGUTTES during the identification and registration

procedure and produce a copy of the mandate and any other

documents requested by AGUTTES. In such a case, the bidder

and the principal shall be jointly and severally liable.

Sales management: The auctioneer manages the sale on a

discretionary basis, ensuring the freedom and equality between

all bidders, while respecting the practices established by the

profession. The auctioneer ensures the police of the sale,

which allows him to refuse bids or to withdraw a lot without

having to justify it.

Awarding: The highest and the last bidder will be the auction

winner, with all accepted means combined (order, internet,

telephone, on-site, etc.). The awarding is evidenced by the

pronouncement of the word “Sold”, which forms the sale agreement

between the seller and the auction winner.

Each lot is identified with a number corresponding to the number

assigned to it in the sales catalogue.

It is forbidden for sellers to bid directly on the lots belonging

to them.

In the event of a simultaneous “double-auction” recognised by

the auctioneer, the lot will be put back for sale, with all bidders

present being able to participate in this second auction.

Withdrawal: Each auction and bid is final and is binding on

the auction winner, it being recalled that the auction winner

may not withdraw either in the room, by telephone, online or

on a purchase order.

Transfer of risk and ownership: The transfer of ownership and

risks between the seller and the auction winner takes place by

the word “sold” by AGUTTES. AGUTTES disclaims all liability

for losses and damages that the lots may suffer from the date

of the award, with the auction winner having to insure the lots

acquired as soon as the award is awarded.

III- COMPLETION OF THE SALE

Sale commission: In addition to the auction price, the

auction winner shall pay the buyer's fees, per lot, calculated

as follows:

- 25% excl. tax + VAT at the rate in force, i.e. 30% including

tax on the first €150,000

- 23 % excl. tax + VAT at the rate in force, i.e. 27,6 %

including taxe for amounts over € 150,001.

Exception: For books only benefiting from a reduced VAT

rate: 25% before tax, i.e. 26.37% including VAT.

In addition to the auction price and the buyer’s fees, the auction

winner must pay all taxes and duties including VAT as well as

any file, handling, and storage costs.

Payment of the sums due must be made “in cash” by the

auction winner, as soon as the award is made. Payment is

made in euros. Any bank commissions will not be deducted

from the amounts due.

VAT: The VAT rate is 20% (or 5.5% for books). In principle,

unmarked lots will be sold under the VAT on gross margin

system. The purchase commission and additionnal costs will

be increased by an amount in lieu of VAT, which will not be

separately mentioned in our slips.

By way of exception, and at the request of the seller, the general

VAT system may be applied for goods offered for sale by an

EU professional at its request. These goods will be marked

by the ¤ sign.

Possible VAT refunds:

1- The professional of the European Union, (i) with an intra-Community

VAT number and (ii) providing proof of the export of

lots from France to another Member State;

2- Non-residents of the European Union on the supply of (i) a

customs export document, on which AGUTTES appears as

sender (ii) when the export occurs within three months of

the auction date or the date of obtaining the export permit.

Payment terms: Legal means of payment accepted by

AGUTTES’ accounts (payments by credit card or wire transfer

being strongly recommended):

- Credit card: bank charges, which usually vary between 1 and

2%, are not borne by the firm;

- American Express card: a commission of 2.95% including

tax will be collected for all payments. Remote card payments

and split payments in several instalments for the same lot with

the same card are not allowed;

- Online payment up to €10,000 to https://www.aguttes.com/

paiement/index.jsp ;

- Bank transfer: from the buyer’s account and indicating the

invoice number:

IBAN FR76 3006 6109 1300 0203 7410 222

BIC CMCIFRPP

Account holder AGUTTES

Direct debit CIC PARIS ETOILE ENTREPRISES

178 RUE DE COURCELLES - 75017 PARIS

- Cash: Articles L.112-6 and D.112-3 of the French Monetary

and Financial Code: (i) Up to €1,000 for French tax residents

or persons acting for the purposes of a professional activity;

(ii) Up to €15,000 for individuals who have their tax domicile

abroad (upon presentation of passports and proof of address);

- Cheque (as a last resort): Upon presentation of two identity

documents. No time limit for cashing is accepted in the event

of payment by cheque. Issuance will only be possible twenty

days after payment. Foreign cheques are not accepted.

Defaulting auction winner: In the absence of cash payment by

the buyer, the property may be put back for sale upon reiteration

of the auctions at the request of the seller in accordance with the

procedure of Article L.32114 of the French Commercial Code.

If the seller does not make this request within three months of

the auction, the sale shall be automatically terminated.

In all cases, the defaulting buyer, due to its failure to pay, shall

pay to AGUTTES:

- All costs and incidentals incurred by AGUTTES relating to the

collection of unpaid invoices (including legal fees);

- Late payment penalties calculated by applying interest rates

at the European Central Bank (ECB) semi-annual key rate (refinancing

rate or Refi) in force plus five points on all sums due;

- Damages to compensate for the loss suffered by AGUTTES

(purchase costs, fees and commissions, VAT, storage, etc.).

AGUTTES reserves the right to:

- Communicate the name and contact details of the defaulting

buyer to the seller in order to enable the latter to assert its

rights;

- Exercise or have exercised all the rights and remedies, in

particular the right of retention, over any property of the

defaulting buyer, of which AGUTTES has custody;

- Prohibit the defaulting auction winner from bidding in the next

sales organised by AGUTTES or from making the possibility

of tendering there subject to the payment of a prior provision;

- Proceed to the registration of the defaulting bidder on a file

of bad payers shared between the different member auction

houses.

AGUTTES is indeed a member of the Central Register of prevention

of the unpaid of the auctioneers with which the incidents

of payment are likely to be registered.

The rights of access, rectification and opposition for legitimate

reasons are to be exercised by the debtor concerned at Symev

15 rue Freycinet 75016 Paris.

Lot collection and storage: A lot awarded may only be delivered

to the buyer after full payment of the purchase slip,

collected in the AGUTTES bank account.

The lots will be delivered to the purchaser in person after presentation

of any document proving his identity or to the third

party appointed by him and to whom he has entrusted an original

power of attorney and a copy of his identity document. The lot

is collected at the auction winner’s expense and risks only.

Lots that have not been collected the same day after the end

of the sale will be collected by appointment by the byer with

the person mentioned for this purpose on the contact page

at the beginning of the catalog. The place of delivery will be

indicated in the email accompanying the invoice.

The applicable storage fees are mentioned in the "Special

Terms and Conditions" below.

Resale of paid and non-collected lots: In the event that one

or more lots awarded and paid for in the course of an auction

have still not been collected by the buyer within the deadlines

agreed upon the "Special Terms and Conditions" below and

that the applicable storage, custody and preservation costs

exceed the auction value of the lot(s), AGUTTES reserves the

right to sell the lot(s) in order to be reimbursed for all costs due.

IV- PRE-EMPTION RIGHT

The French State may exercise a pre-emptive right on any public

or private sale of cultural property. The State has a period

of 15 days from the public sale to confirm the exercise of its

pre-emptive right and subrogate itself to the buyer.

V- EXPORT

The formalities of exports (requests for certificate for a cultural

good, export license) of the subjected lots are the responsibility

of the purchaser and can require a four months delay. AGUTTES

is at the disposal of its buyers to guide them in these steps.

AGUTTES cannot be held responsible for delays. Under no

circumstances shall AGUTTES be liable for the refusal or delay

of the administrative decision. The refusal to issue a certificate

or a license may not under any circumstances justify a failure

or delay in payment by the buyer or a cancellation of the sale.

VI- APPLICABLE LAW AND COMPETENT COURT

Civil liability claims brought in connection with voluntary and

judicial actions and sales of furniture at public auction are timebarred

after five years from the award or takeover.

French law alone governs the GTC. Any dispute relating to their

existence, validity, performance and enforceability against any

bidder having the capacity of trader shall be decided by the

Commercial Court of Nanterre (France).

In the event that the bidder or buyer is not a trader, this dispute

shall be decided by the competent Court pursuant to the

legal provisions.

The Government Commissioner to the Council for voluntary

sales of furniture by public auction may be mandated in writing

in case of any difficulty with a view to reaching an amicable

solution, if applicable.

VII- PERSONAL DATA

The bidders are informed that AGUTTES may collect and process

data concerning them in accordance with the General Data

Protection Regulation no. 2016/679 of 27 April 2016 (GDPR)

and the French Data Protection Act no. 78-17 of 6 January

1978 amended by Law No. 2018-493 of 20 June 2018 on the

protection of personal data.

The data is collected for the purposes of managing their

contractual or pre-contractual relations (registration for sale,

invoicing, accounting, payments, communication, etc.). This

data consists of information such as: surname, first names,

postal address, email address, telephone number, bank details.

Bidders are informed that they have a right of access, rectification,

erasure, portability, opposition and limitation with regard

to such data with AGUTTES. Requests must be made in writing

to: communication@aguttes.com Any complaint about the

applicable data protection legislation may be brought before

the CNIL: www.cnil.fr.

VIII- INTELLECTUAL PROPERTY

AGUTTES is the owner of any right of reproduction of its catalogue.

Any reproduction of the same is prohibited and constitutes

an infringement. The sale of a lot does not in any way imply

the assignment of any intellectual property rights applicable

(representation and/or reproduction) to the work.

IX- SPECIAL TERMS AND CONDITIONS

1- Storage costs

The storage of goods subject to an auction or a private sale

that are not removed by the buyer within 15 days of the auction

(including the day of the sale), will be charged as follows:

- Jewellery and / or watches worth < €10.000 = €15 / day of

storage

- Jewellery and / or watches worth > €10.001 = €30 / day of

storage

- Other lots < 1m3 = €3 / day

- Other lots > 1m3 = €5 / day.

2- Mechanical and electrical objects

The mechanical or electrical objects offered for sale by AGUTTES

are exclusively offered for decorative purposes. As they represent

used property, AGUTTES does not under any circumstances

certify their operating condition. We recommend that buyers

come to see the lots during the public exposures with an expert

in this field, and to have the electrical or mechanical mechanism

checked by a professional before any start-up.

3- Watches and clocks

The watches and clocks we sell are all second-hand goods,

having for the most part undergone repairs resulting in the replacement

of certain parts which may not be original. AGUTTES

does not give any guarantee on the authenticity and the original

character of the components of a clock article.

Clocks may be sold without pendulums, weights or keys and

unless otherwise stated, their presence is not guaranteed.

Watch straps may not be original and may not be authentic.

Collector’s watches require general and regular maintenance:

repairs or overhauls may be necessary and are the responsibility

of the buyer, as AGUTTES does not give any guarantee on its

good working order. AGUTTES recommends that buyers have

watches and clocks checked by a competent watchmaker

before each use.

It is the responsibility of potential buyers to personally verify

the condition of the item.

4- Furniture

Without express mention in the description of the lot, the presence

of keys is not guaranteed.

5- Protected plant and animal species

Objects partially or entirely made up of materials from endangered

and/or protected species of flora and fauna are marked

by the symbol ~ in the catalogue. The legislator imposes strict

rules for the commercial use of these materials, in particular

with regard to ivory trade.

Buyers are informed that the importation of any goods made up

of these materials is prohibited by many countries, or require a

permit or certificate issued by the competent authorities of the

countries of export and import of the goods. The purchasers

are fully responsible for the proper compliance with the regulatory

and legislative standards applicable to the export or

importation of goods composed in part or in full of materials

originating from endangered and/or protected species. Under

no circumstances shall AGUTTES be liable for the impossibility

of exporting or importing such property, and this may not be

used to justify a request for cancellation of the sale.

If a customer feels that he or she has not received a satisfactory

response, he or she is advised to contact the head of the relevant

department directly, as a matter of priority. In the absence of

a response within the specified time limit, the customer may

then contact customer service at serviceclients@

aguttes.com,

which is attached to the Quality Department of SVV Aguttes.

10-31-1510 / PEFC certified / The paper used for this catalogue comes

from sustainably managed forests and controlled sources / pefc-france.org