IMPORTANT AMERICAN COLLECTION OF PRE-COLUMBIAN ART - PART V

IMPORTANT AMERICAN COLLECTION OF PRE-COLUMBIAN ART - PART V

Public exhibitions :

Saturday 26, Monday 28 and Tuesday 29 June 2021, 11 am - 6 pm

Wednesday 30 June 2021, 11am - 12pm

Telephone during the exhibition and sale:

CONTACT:

Claire Richon

c.richon@betg.fr

EXPERT :

Mezcala Expertises

Jacques Blazy assisted by Quentin Blazy

259 Boulevard Raspail - 75014 Paris

Tel:

mezcala.expertises@gmail.com - quentin.mezcala@gmail.com

Payment shall be made in full in euros. In addition to the hammer price per lot and

digressive selling fees, buyers shall be required to pay the following taxes and charges:

• 25% tax-free of the hammer price up to and including € 150 000

• 20.50% tax-free of any amount in excess of € 150 000 up to and including € 500 000

• 17% tax-free of any amount in excess of € 500 000

All the lots of this collection are coming from the US, therefore the buyer’s

premium indicated above will possibly be increased with importation fees of

5,5% without VAT, with the current VAT .

For more details, please refer to the paragraph purchaser part III.

Adding: V.A.T. (20%)

The auction will follow the order of the catalogue numbers. The Auction House and

Experts reserve the right, in the interest of sales, to group together or split the catalogue

numbers. The sizes and weight of the works are provided on an indicative basis.

CONDITION OF THE OBJECTS

We have provided information on the condition of the objects in accordance with our

means. Goods are sold in the condition they are found at the time of sale. The condition

of the items noted in the catalogue is on a strictly indicative basis. In cases where there

is no note in the catalogue, this in no way implies that the lot is in perfect condition or

does not need to be restored, have wear and tear, cracks, require re-lining or contain other

imperfections. As an opportunity is afforded to examine the items described in the

catalogue in the form of an exhibition, no claims will be accepted with respect to the

condition thereof, once the auction has been completed and the item handed over. Re-

Lining, cradling, and lining are considered to be a conservation measure, not a defect. On

request, a report on the condition of the item can be provided for lots whose value is

estimated at above €1000. Estimations are provided on a purely indicative basis. The

information on the source/origin of the item is provided by the seller and Binoche et

Giquello SARL may not be held liable for this.

BIDDING

All bidders who wish to make an offer or bid by telephone may send a request, by post,

email or fax to Binoche et Giquello SARL, along with their bank details. The telephone

auctions are a free service provided to customers who are not in a position to attend.

Binoche et Giquello SARL and its staff cannot be held liable in the event of a problem

with the telephone connection. When two bids are identical, priority is given to the first

bid received. In the event of auction, the price to be paid is the auction price, plus fees, in

accordance with the applicable conditions at the time of sale.

ONLINE AUCTIONS

A facility for online auctions is provided. Auctions are carried out on the

www.drouotlive.com website, a technical platform for remote participation in public

auctions taking place in the auction rooms. Auctions press is the partner company for

users of Drouot Live. Users wishing to participate in online auctions via the Drouot Live

platform must familiarize themselves, and accept, without reservation, the conditions of

use of this platform (available at www.drouotlive.com), which are independent and

additional to the present terms and conditions of sale.

PURCHASER

I/The purchaser shall be the highest and last bidder provided that the auction price is

equal to or greater than any reserve. If a reserve price has been stipulated by the seller,

Binoche et Giquello SARL reserves the right to make bids on behalf of the seller until the

last auction increment below that amount, either by making successive bids, or by making

bids in response to other bidders. However, the seller will not be permitted to make bids

either directly or through an agent. The fall of the hammer marks the end of the auction

and the word “sold” or any other equivalent shall result in the formation of a contract

between the seller and the last accepted bidder. In the event of a dispute at the end of

the bidding, i.e. If it has been established that one or more bidders simultaneously made

an equivalent bid, either aloud, or by making a sign, and claim the item after “sold” is

pronounced, the object will be immediately put to auction again at the price offered by

the bidders and the public will be invited to bid again. Once sold, the items become the

sole responsibility of the buyer. The buyer should take measures to ensure that the lot is

insured as of the purchase. The buyer may not hold Binoche et Giquello SARL, liable in

the event of loss, theft or damage to the lot.

II/VAT-Profit margin scheme- goods not marked by a symbol:

A/All unmarked goods will be sold under the profit margin scheme and the auction price

will not be increased by VAT. The purchase commission will be increased by a VAT

equivalent amount (20 % except for books at 5.5%) included in the margin. This VAT

forms part of the purchase commission and will not be mentioned separately in our

documents.

III/Lots from outside the EU under the temporary admission scheme: (marked by a Ɵ in

the catalogue and/or stated at the beginning of the sale process). To the commissions

and taxes indicated above at the beginning of the sale conditions, additional costs of 5.5

% pre-tax should be added to the auction price or 20 % pre-tax for jewels and watches,

wines and spirits, multiples and automobiles, additional costs increased by VAT currently

20% (5.5% for books).

IV /Reimbursement conditions for the additional costs and VAT (cf: 7th VAT Directive

applicable on 01.01.1995)

A/ If the lot is exported to a non-member state of the EU, the additional costs and VAT

on the commissions and on the additional costs may be reimbursed to the buyer non-

resident of the EU on presentation of proof of export outside the EU providing the buyer

has sent to SARL Binoche et Giquello copy n°3 of the customs export form and that this

export took place within two months as from the auction date (beyond this deadline, no

reimbursement will be possible). Binoche et Giquello SARL should be shown as the sender

of the said customs document.

B/ If the lot is delivered in a member state of the EU, the VAT on the commissions and on

the additional costs may be reimbursed to an EU buyer who proves having an

Intracommunity VAT number and a document proving delivery in their member state

subject to providing proof of transport from France to another member state, within one

month as from the sale date (beyond this deadline, no reimbursement will be possible).

PAYMENT

The buyer is required to pay in full and provide their name and address. In accordance

with TRACFIN rules, payment may not be made by a third party. In the event of payment

by non-certified cheque, the delivery of the items may be postponed until the cheque

has been processed. A number of weeks may be required. The buyers may not take delivery

of their purchases until payment has been received by the bank. Cheques from foreign

banks will only be authorised after prior agreement by the Auction House. To that end,

buyers are encouraged to obtain, before the auction, a letter of credit from their bank for

an approximate value of the amount they intend to spend, to be provided to the Auction

House. Payment in cash in accordance with Decree n°2010-662 of 16 June 2010 pursuant

to Article L. 112-6 of the Monetary and Financial Code on the prohibition on payment in

cash for certain debts. For exports outside the EU, reimbursement of VAT may only be

obtained after obtaining proof that the item has been exported within 2 months of the

sale. Reimbursement will be made in the name of the buyer. (cf: 7th VAT Directive

applicable as of 01.01.1995). Buyer slips are payable at the reception. Failing payment

within 30 days, Binoche et Giquello SARL may require as of right and without any prior

notice, the payment of compensation of € 40 for recovery costs (Art L 441-3 and Art L

441-6 of the Commercial Code).

FAILURE TO MAKE PAYMENT

In accordance with the provisions of Article L. 321-14 of the Commercial Code, should

the buyer fail to make the payment, after notice has remained without effect, the item

will be placed for sale on the request of the seller for false bidding; if the seller does not

formulate a request within one month of the auction, they give us all rights to act in

their name and on their behalf, as we choose, to pursue the buyer for cancellation of the

sale three months after the sale, or to pursue execution of the payment of the said sale,

in both cases claiming all damages and interest, fees and other sums we deem to be

desirable.

COLLECTION AND DISPATCH OF PURCHASES

Unless agreed in advance with the buyer, large objects and furniture should be

collected from storage at Hôtel Drouot. Other lots should be collected within 15 days

from OVV Binoche et Giquello. Once the deadline has passed, storage will be invoiced

at 2€ minimum per working day. Drouot storage: Any item/lot that remains in the

room the day after the sale at 10am, which has not been removed by the Auction

House, will be placed in storage at Hôtel Drouot. Access via 6bis rue Rossini - 75009

Paris. Open from Monday to Saturday from 9am to 10am and 1pm to 6pm. The

Storage facility must be paid for by the buyer. The prices on January 2020 are as

follow: Administrative fee per lot: 5€/ 10€ / 15€ / 20€ / 25€ incl. VAT. Storage fees

and insurance: 1€/ 5€ / 10€ / 15€ / 20€ incl. VAT/day, as of the 5th working day,

depending on the size of the lot.

A 50% discount on storage is granted to foreign clients. OVV Binoche et Giquello

may not be held liable for storage of the items in the Hotel on any grounds

whatsoever.

For all delivery, a minimum fee of 36 € applies.

CULTURAL ITEMS

The French State has a pre-emptive right to purchase art works or private documents

offered for sale to the public. The exercise of this right applies just after the hammer falls,

and the State representative notifies their intention to acquire the item and to substitute

itself for the highest bidder, and must confirm the acquisition within 15 days. Binoche et

Giquello will not accept liability with respect to the conditions of pre-emptive acquisition

by the French State. Export of certain cultural goods is subject to the acquisition of a

certificate of free circulation for cultural goods. Under no circumstances may the time

required to obtain the certificate be invoked to justify late payment. Under no

circumstances may Binoche et Giquello SARL and/or the Seller be held liable should the

authorities refuse to deliver the said certificate.