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171

170

Lettres & Manuscrits autographes

26 mai 2020

CONDITIONS OF SALE

Purchased lots will become available only after full payment has been

made. The sale will be conducted in Euros. In addition to the hammer

price, the buyer agrees to pay a buyer’s premium along with any applicable

value added tax.

From 1 to 150 000 € the buyer’s premium is 25% + VAT amounting to

30% (all taxes included) and 23% of any amount in excess of 150 001€

over + VAT amounting to 27.6% (all taxes included). Books (25% + VAT

amounting to 26,375%).

In addition to the hammer price and buyer’s premium, live auction buyers

will pay a 1,80%

TTC

(fees 1,5%

HT

+ 0,30% VAT) commission to the Drouot

Digital platform.

NB :

+ Auction by order of the court further to a prescription of the court,

buyers fees 14,40% VTA included.

° Lots on which the auction house or its partners have a financial

interest

* Lots which have been temporarily imported and are subject to a

buyer’s fee of 5.5% (20% for jewelry, motorcars, wines and spirits

and multiples – F1 helmet) in addition to the hammer price and

sale fees.

# An appointment is required to see the piece

~ This lot contains animal materials. Import restrictions are to be

expected and must be considered.

The legislator imposes strict rules for the commercial use of inert animal

species. The international regulations of March 3, 1973 (CITES) requires

for different annexes a correlation between the specimen and the

documentation proving the origins to be lawful. This regulation transcribed

in European Community law (Annexes A/B/C) in Rule 338/97 of 9/12/1996

permits commercial use of regulated specimens (CITES) upon presentation

of documentation proving lawful origin; these documents for this variation

are as follows:

• For Annex A: C/C provided outlining the specimen’s history (for

specimens of recent date)

• For Annex B: Bird specimens are either banded or equipped with

transponders, and are accompanied by documents of licit origin. The

auction’s sale record must be conserved as it contains the complete

history of every specimen.

All cases concerning specimens of recent date that are protected under

the French Environmental Code and which were born and raised in

captivity are permitted by the derogation clause AM of 14/07/2006. As

such, they can be used commercially provided traceability between the

specimen and the documentation proving licit origins. Other specimen

cases dating prior to clause AM of 21/07/2015 can, due to this fact, be

used commercially. Specimens dating before 1947 included in this auction

sale benefit from clause 2M of the derogatory Rule 228/97 of 9/12/1996,

permitting their use for trade. However, exporting them outside of the

EU them requires a pre-CITES Convention agreement.

For huntable species of the European continent and elsewhere, commercial

use is allowed under certain conditions. Domesticated species (D)

included in this auction sale are free for trade. Old specimens from

before the Convention (i.e. before 1975) comply with the conditions of

the AM of 23/12/2011 and, as such, are free for trade.

The other specimens in this auction sale are not subject to NR regulations

and are free for commercial use and trade. The auction record will

substantiate their licit origin.

To leave the EU, with regards to the Annexes I/A, II/B et III/C, a CITES

re-export document at the expense of the acquirer will be necessary.

GUARANTEES

The SAS Claude Aguttes is bound by the indications stated in the

catalogue, modified only by announcements made at the time of the

sale noted in the legal records thereof.

Attributions were made according to scientific and artistic knowledge

at the time of the auction.

An exhibition prior to the sale permits buyers to establish the conditions

of the works offered for sale and no claims will be accepted after the

hammer has fallen. Some difference may appear between the original

work and its illustration, there will be no claims in such matter. The French

text is the official text that will be retained in the event of a dispute. The

descriptions in other languages and the indications of dimensions in

inches are given only as an indication and cannot be at the origin of a

complaint.

The condition of the works is not specified in the catalogue, buyers

are required to study them personally. No requests will be accepted

concerning restorations once the hammer has fallen.

Any condition report requested from SAS Claude Aguttes and the expert

before the sale is provided as an indication only.

It shall by no means incur their liability may not constitute a basis for

legal claim after the sale. It cannot replace a personal examination of

the work by the buyer or his representative.

BIDS

The highest and final bidder will be the purchaser.

Should the auctioneer recognize two simultaneous bids on one lot, the

lot will be put up for sale again and all those present in the saleroom

may participate in this second opportunity to bid.

Important: Bidding is typically conducted in the auction house. However,

we may graciously accept telephone bids from potential buyers who

have made the request.

We bear no responsibility whatsoever in the case of uncompleted calls

made too late and/or technical difficulties with the telephone. We also

accept absentee bids submitted prior to the sale. Aguttes won’t be held

responsible in case of errors and omissions with the execution of the

written bids. We reserve the right to accept or deny any requests for

telephone or absentee bidding.

In carrying a bid, bidders assume their personal responsibility to pay

the hammer price as well as all buyer’s fees and taxes chargeable to the

buyer. Unless a written agreement established with Claude AGUTTES

SAS, prerequisite to the sale, mentioning that the bidder acts as a

representative of a third party approved by Claude AGUTTES SAS, the

bidder is deemed to act in his or her own name.

We remind our sellers that bidding on their own items is forbidden.

BIDS THROUGH DROUOT DIGITAL OR OTHER LIVE PLATFORM

Live bidding is allowed during the auction. Bids are made through

drouotonline.com,

which is a platform that allows remote electronic bidding.

Aguttes auction house will not be to blame for any technical difficulties

or malfunctioning of any kind that prevents buyers from bidding online

through live platforms. The break in transmission of a live bidding service

during the auction doesn’t necessarily justify its halt by the auctioneer.

COLLECTION OF PURCHASES

The lots not claimed on the day of the auction can be retrieved by

appointment : please contact the person in charge.

For lots placed in warehouses, costs and expenses will be at the buyer’s

charge.

For lots stored at Aguttes – except specific conditions if mentioned

(Mobilier & objets d’art & Design) – buyers are advised that the following

storage costs will be charged :

- 15 € / day for lots < € 10,000, and 30 € / day for lots > € 10,000

- 3 € / day for any other lot <  1m

3

 & 5 € / day / m

3

for the ones > 1m

3

.

Buyers are advised to collect successful lots as soon as possible to

avoid handling and storage costs which will be required before collection

of purchase.

The auctioneer is not responsible for the storage of purchased lots. If

payment is made by wire transfer, lots may not be withdrawn until the

payment has been cleared, foreign cheques are not accepted.

From the moment the hammer falls, sold items will become the exclusive

responsability of the buyer. The buyer will be solely responsible for the

insurance, L’Hôtel des Ventes de Neuilly assumes no liability for any

damage to items which may occur after the hammer falls.

The purchased lots will be delivred to the buyer in person. Should the

buyer wish to have his/her lot delivered to a third party the person must

have a letter of authorization along with a photocopy of the identity card

of the buyer.

Export formalities can take 2 or 3 months to process and are the buyer’s

responsability. Please contact the Hôtel des ventes de Neuilly if you need

more information concerning this particular matter.

PAYMENT

We recommend that buyers pay by credit card or electronic bank transfer.

In compliance with Article L.321-14 of French commercial law, a property

sold at auction can be delivered to the buyer only once the auction firm

has received payment or complete guarantee of payment.

Legally accepted means of payment include:

• Cash (article L.112-6, L.112-8 and Article Article L.112-8 paragraph 2

of the Monetary and Financial Code)

· max. 1 000 €

· max. 15 000 € for private individuals who have their tax domicile

abroad (upon presentation of a valid passport)

• Payment on line (max 10 000 €) :

http://www.aguttes.com/paiement/

index.jsp

• Electronic bank transfer

The exact amount of the invoice from the buyer’s account and

indicating the invoice number. (Note: Bank charges are the buyer’s

responsibility.)

Banque de Neuflize, 3 avenue Hoche 75008

Titulaire du compte : Claude AGUTTES SAS

Code Banque 30788 – Code guichet 00900

N° compte 02058690002 – Clé RIB 23

IBAN FR76 3078 8009 0002 0586 9000 223

BIC NSMBFRPPXXX

• Credit cards: 1.1%

TTC

commission will be charged for lots > 50 000€.

• American Express: 2.95%

TTC

commission will be charged.

• Distance payments and multi-payments for one lot with the same card

are not allowed.

• Cheques (if no other means of payment is possible)

· Upon presentation of two pieces of identification

· Important: Delivery is possible after 20 days

· Cheques will be deposited immediately. No delays will be accepted.

· Payment with foreign cheques will not be accepted.

PAYMENT DEFAULT

Settlements are cash.

In the event of late payment on winning bids SAS CLAUDE AGUTTES

will claim the legal rate of interest, plus five percent. A minimum fee of

€500 will also be due for any other costs incurred by reason of default,

including the following in the case of resale on false bidding:

- The difference between the price at which the lot was auctioned

and the price obtained at its resale;

- The costs incurred by new auctioning.

LAW AND JURISDICTION

In accordance with the law, it is added that all actions in public liability

instituted on the occasion of valuation and of voluntary and court-ordered

auction sales are barred at the end of five years from the hammer price

or valuation. These Conditions of purchase are governed by French law

exclusively. Any dispute relating to their existence, their validity and their

binding effect on any bidder or buyer shall be submitted to the exclusive

jurisdiction of the Courts of France.

10-31-1510 / PEFC certified

/ The paper used for this catalogue comes from sustainably managed forests and controlled sources /

pefc-france.org

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.