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135

A GOLD AND SILVER-INLAID BRONZE ARCHAISTIC STEAMER, SONG TO MING DYNASTY

In Fine Chinese Art / 中國藝術集珍 / Buddhism & Hinduism

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A GOLD AND SILVER-INLAID BRONZE ARCHAISTIC STEAMER, SONG TO MING DYNASTY - Bild 1 aus 24
A GOLD AND SILVER-INLAID BRONZE ARCHAISTIC STEAMER, SONG TO MING DYNASTY - Bild 2 aus 24
A GOLD AND SILVER-INLAID BRONZE ARCHAISTIC STEAMER, SONG TO MING DYNASTY - Bild 3 aus 24
A GOLD AND SILVER-INLAID BRONZE ARCHAISTIC STEAMER, SONG TO MING DYNASTY - Bild 4 aus 24
A GOLD AND SILVER-INLAID BRONZE ARCHAISTIC STEAMER, SONG TO MING DYNASTY - Bild 5 aus 24
A GOLD AND SILVER-INLAID BRONZE ARCHAISTIC STEAMER, SONG TO MING DYNASTY - Bild 6 aus 24
A GOLD AND SILVER-INLAID BRONZE ARCHAISTIC STEAMER, SONG TO MING DYNASTY - Bild 7 aus 24
A GOLD AND SILVER-INLAID BRONZE ARCHAISTIC STEAMER, SONG TO MING DYNASTY - Bild 8 aus 24
A GOLD AND SILVER-INLAID BRONZE ARCHAISTIC STEAMER, SONG TO MING DYNASTY - Bild 9 aus 24
A GOLD AND SILVER-INLAID BRONZE ARCHAISTIC STEAMER, SONG TO MING DYNASTY - Bild 10 aus 24
A GOLD AND SILVER-INLAID BRONZE ARCHAISTIC STEAMER, SONG TO MING DYNASTY - Bild 11 aus 24
A GOLD AND SILVER-INLAID BRONZE ARCHAISTIC STEAMER, SONG TO MING DYNASTY - Bild 12 aus 24
A GOLD AND SILVER-INLAID BRONZE ARCHAISTIC STEAMER, SONG TO MING DYNASTY - Bild 13 aus 24
A GOLD AND SILVER-INLAID BRONZE ARCHAISTIC STEAMER, SONG TO MING DYNASTY - Bild 14 aus 24
A GOLD AND SILVER-INLAID BRONZE ARCHAISTIC STEAMER, SONG TO MING DYNASTY - Bild 15 aus 24
A GOLD AND SILVER-INLAID BRONZE ARCHAISTIC STEAMER, SONG TO MING DYNASTY - Bild 16 aus 24
A GOLD AND SILVER-INLAID BRONZE ARCHAISTIC STEAMER, SONG TO MING DYNASTY - Bild 17 aus 24
A GOLD AND SILVER-INLAID BRONZE ARCHAISTIC STEAMER, SONG TO MING DYNASTY - Bild 18 aus 24
A GOLD AND SILVER-INLAID BRONZE ARCHAISTIC STEAMER, SONG TO MING DYNASTY - Bild 19 aus 24
A GOLD AND SILVER-INLAID BRONZE ARCHAISTIC STEAMER, SONG TO MING DYNASTY - Bild 20 aus 24
A GOLD AND SILVER-INLAID BRONZE ARCHAISTIC STEAMER, SONG TO MING DYNASTY - Bild 21 aus 24
A GOLD AND SILVER-INLAID BRONZE ARCHAISTIC STEAMER, SONG TO MING DYNASTY - Bild 22 aus 24
A GOLD AND SILVER-INLAID BRONZE ARCHAISTIC STEAMER, SONG TO MING DYNASTY - Bild 23 aus 24
A GOLD AND SILVER-INLAID BRONZE ARCHAISTIC STEAMER, SONG TO MING DYNASTY - Bild 24 aus 24
A GOLD AND SILVER-INLAID BRONZE ARCHAISTIC STEAMER, SONG TO MING DYNASTY - Bild 1 aus 24
A GOLD AND SILVER-INLAID BRONZE ARCHAISTIC STEAMER, SONG TO MING DYNASTY - Bild 2 aus 24
A GOLD AND SILVER-INLAID BRONZE ARCHAISTIC STEAMER, SONG TO MING DYNASTY - Bild 3 aus 24
A GOLD AND SILVER-INLAID BRONZE ARCHAISTIC STEAMER, SONG TO MING DYNASTY - Bild 4 aus 24
A GOLD AND SILVER-INLAID BRONZE ARCHAISTIC STEAMER, SONG TO MING DYNASTY - Bild 5 aus 24
A GOLD AND SILVER-INLAID BRONZE ARCHAISTIC STEAMER, SONG TO MING DYNASTY - Bild 6 aus 24
A GOLD AND SILVER-INLAID BRONZE ARCHAISTIC STEAMER, SONG TO MING DYNASTY - Bild 7 aus 24
A GOLD AND SILVER-INLAID BRONZE ARCHAISTIC STEAMER, SONG TO MING DYNASTY - Bild 8 aus 24
A GOLD AND SILVER-INLAID BRONZE ARCHAISTIC STEAMER, SONG TO MING DYNASTY - Bild 9 aus 24
A GOLD AND SILVER-INLAID BRONZE ARCHAISTIC STEAMER, SONG TO MING DYNASTY - Bild 10 aus 24
A GOLD AND SILVER-INLAID BRONZE ARCHAISTIC STEAMER, SONG TO MING DYNASTY - Bild 11 aus 24
A GOLD AND SILVER-INLAID BRONZE ARCHAISTIC STEAMER, SONG TO MING DYNASTY - Bild 12 aus 24
A GOLD AND SILVER-INLAID BRONZE ARCHAISTIC STEAMER, SONG TO MING DYNASTY - Bild 13 aus 24
A GOLD AND SILVER-INLAID BRONZE ARCHAISTIC STEAMER, SONG TO MING DYNASTY - Bild 14 aus 24
A GOLD AND SILVER-INLAID BRONZE ARCHAISTIC STEAMER, SONG TO MING DYNASTY - Bild 15 aus 24
A GOLD AND SILVER-INLAID BRONZE ARCHAISTIC STEAMER, SONG TO MING DYNASTY - Bild 16 aus 24
A GOLD AND SILVER-INLAID BRONZE ARCHAISTIC STEAMER, SONG TO MING DYNASTY - Bild 17 aus 24
A GOLD AND SILVER-INLAID BRONZE ARCHAISTIC STEAMER, SONG TO MING DYNASTY - Bild 18 aus 24
A GOLD AND SILVER-INLAID BRONZE ARCHAISTIC STEAMER, SONG TO MING DYNASTY - Bild 19 aus 24
A GOLD AND SILVER-INLAID BRONZE ARCHAISTIC STEAMER, SONG TO MING DYNASTY - Bild 20 aus 24
A GOLD AND SILVER-INLAID BRONZE ARCHAISTIC STEAMER, SONG TO MING DYNASTY - Bild 21 aus 24
A GOLD AND SILVER-INLAID BRONZE ARCHAISTIC STEAMER, SONG TO MING DYNASTY - Bild 22 aus 24
A GOLD AND SILVER-INLAID BRONZE ARCHAISTIC STEAMER, SONG TO MING DYNASTY - Bild 23 aus 24
A GOLD AND SILVER-INLAID BRONZE ARCHAISTIC STEAMER, SONG TO MING DYNASTY - Bild 24 aus 24
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A GOLD AND SILVER-INLAID BRONZE ARCHAISTIC STEAMER, SONG TO MING DYNASTY
China, 960-1644. Heavily cast, the upper cauldron with two upright loop handles to the rim, decorated with interlocking scroll and confronting stylized phoenixes. The sides with three animal masks flanked by confronting phoenixes divided by short flanges, above pendent stiff leaves, all reserved on leiwen grounds. The shoulders of the three legs cast with stylized large-eyed animal masks, decorated with scroll and lozenge designs. The bronze with a rich, solid, naturally grown, dark patina with scattered malachite encrustations.


Provenance: From the personal collection of Dr. David McCay, and thence by descent in the same family. Dr. David McCay was an English physician and later surgeon general with the Indian Medical Service in Bengal, India. He was sent to China during the Boxer Rebellion and served as an army doctor at the Siege of Peking. While in India, he wrote a book titled Investigations on Bengal Jail Dietaries. Upon his retirement, he returned to England with his collection of Chinese bronzes, cloisonné, and porcelain. After his death, his wife gifted his favorite piece, a highly important Wanli garlic mouth vase, among other items, to the Victoria and Albert Museum, accession number CIRC.23-1950, where it remains to this day.
Condition: Very good condition with expected old wear, traces of age and usage, some casting irregularities, small nicks and losses, light scratches, the undersides of the feet with tiny old fills. The gold inlays are fresh and in very good condition overall. The silver inlays have darkened over time and show expected tarnish. However, we chose not to clean the silver inlays, so to preserve the piece’s impressive natural appearance.

Weight: 5,200 g
Dimensions: Height 31.5 cm

Referring to the importance of reverence to the past in Chinese art, Ulrich Hausmann writes:

“Archaic bronzes and their inscriptions, the subject of centuries of epigraphic and stylistic studies by literary men and artists, became inseparable, so much so that since that time scholars writing characters have seen at the back of their minds the image of ancient bronze vessels whose rubbings they had carefully studied. Generations of painters and calligraphers [...] spent a lifetime studying these inscriptions. What could be more fitting than to embellish one's studio with subtle allusions to the magnificent past, or to furnish the ancestral altar with vessels expressing the continuation of their inheritance.” (Quote from Ulrich Hausmann, Later Chinese Bronzes: In Search of Later Bronzes in Documentary Chinese Works of Art: In Scholars' Taste, Ed. Paul Moss, Sydney L. Moss, London, 1983, page 233, requoted again by Hugh Moss and Gerard Tsang in Arts from the Scholar's Studio, The Oriental Ceramic Society of Hong Kong and the Fung Ping Shan Museum, University of Hong Kong, 1986, cat. no. 161.)

Expert’s note: The present steamer is quite likely to date from the Song dynasty, because the earliest archaistic bronzes generally tend to be the closest in form and design to their archaic prototypes. This is clearly the case here, as shown by the two literature comparisons below, which prove that the present lot is very much in the spirit of its Shang and Western Zhou paragons. The example from the National Palace Museum, Taipei, even has gold and silver inlays just like our vessel, which is unusual for such an early piece. Another important aspect is the superb, naturally grown patina on the present lot with its distinct malachite encrustations. This is beyond doubt not a patina from the late Ming or early Qing dynasty: It not only does closely resemble that of ancient bronzes, but with its unique appearance, reminiscent of savage elementary forces rather than the genteel creations of later periods, essentially makes this bronze an archaic vessel of its own merit.

Literature comparison:
Compare a closely related prototype for this steamer, also with gold and silver inlays, dated to the Shang dynasty, in the National Palace Museum, Taipei, image number K1A002369N000000000PAB. A related prototype, lacking gold and silver inlays, dated to the Western Zhou dynasty, 11th-10th century BC, in the collection of the Arthur M. Sackler Gallery in the National Museum of Asian Art, Smithsonian Institution, accession number S1987.352a-b, is illustrated by Jessica Rawson, Western Zhou Ritual Bronzes from the Arthur M. Sackler Collections, Vol. IIB, Massachusetts, 1990, pp. 342-344, no. 33.

Auction result comparison:
Type: Related
Auction: Bonhams London, 11 November 2010, lot 139
Price: GBP 31,200 or approx. EUR 49,500 converted and adjusted for inflation at the time of writing
Description: A large archaistic bronze tripod steamer, yan, probably Song dynasty
Expert remark: Compare the closely related form with similar legs cast with animal masks. This steamer is however vastly inferior to the present lot as it lacks the gold and silver inlays and the design is overall less lively. Note the larger size (44.5 cm).

Auction result comparison:
Type: Related
Auction: Sotheby’s New York, 1 December 2022, lot 694
Price: USD 37,800 or approx. EUR 35,000 converted at the time of writing
Description: An archaistic copper-inlaid bronze tripod censer (Ding), Ming dynasty
Expert remark: Compare the related form with similar legs cast with animal masks. This censer is however vastly inferior to the present lot, not only because the inlays are merely copper, but also because it completely lacks the cauldron found on the present lot. Also note the significantly smaller size (16.7 cm).

Auction result comparison:
Type: Related
Auction: Sotheby’s London, 14 May 2014, lot 252
Price: GBP 80,500 or approx. EUR 116,000 converted and adjusted for inflation at the time of writing
Description: An archaistic silver and gold-inlaid bronze wine vessel and cover, you, Ming dynasty
Expert remark: Compare the closely related manner of casting and decorations with similar gold and silver inlays. Note the related size (30.2 cm).

Auction result comparison:
Type: Related
Auction: Sotheby’s Hong Kong, 8 October 2014, lot 3350
Price: HKD 2,680,000 or approx. EUR 380,000 converted and adjusted for inflation at the time of writing
Description: A large gold and silver-inlaid bronze incense burner, gui, late Ming dynasty
Expert remark: Compare the closely related manner of casting and decorations with similar gold and silver inlays. Note the similar size (28.5 cm).

宋至明代銅錯金銀三足銅甗
中國,960-1644年。甗分上下兩部分:一甑一鬲。甑部與鬲部相連,甑部有一對拱形直耳,外壁飾雷紋地鳳鳥紋飾帶與蕉葉紋,同樣是雷紋地上獸面紋。鬲部修飾獸面紋。表面神色包漿堅實,散佈著孔雀石色結殼。

來源:Dr. David McCay收藏,在同一家族保存至今。Dr. David McCay是一名英國醫生,後來在印度孟加拉的印度醫療部擔任外科醫生。他在義和團運動期間被派往中國擔任軍醫。在印度期間,他寫了一本名為《孟加拉監獄飲食調查》的書。退休後,他帶著他收藏的中國青銅器、景泰藍和瓷器回到英國。在他去世後,他的妻子將他最喜歡的一件非常重要的萬曆蒜頭瓶贈予維多利亞和阿爾伯特博物館,編號為 CIRC.23-1950,至今仍保存在博物館。
品相:狀況極好,有磨損和使用痕跡、一些鑄造不規則、小刻痕和缺損、輕微劃痕、腳底面有微小的填充物。錯金部分整體狀況非常好。錯銀部分變暗並顯示出光澤。

重量:5,200 克
尺寸:高 31.5 厘米

A GOLD AND SILVER-INLAID BRONZE ARCHAISTIC STEAMER, SONG TO MING DYNASTY
China, 960-1644. Heavily cast, the upper cauldron with two upright loop handles to the rim, decorated with interlocking scroll and confronting stylized phoenixes. The sides with three animal masks flanked by confronting phoenixes divided by short flanges, above pendent stiff leaves, all reserved on leiwen grounds. The shoulders of the three legs cast with stylized large-eyed animal masks, decorated with scroll and lozenge designs. The bronze with a rich, solid, naturally grown, dark patina with scattered malachite encrustations.


Provenance: From the personal collection of Dr. David McCay, and thence by descent in the same family. Dr. David McCay was an English physician and later surgeon general with the Indian Medical Service in Bengal, India. He was sent to China during the Boxer Rebellion and served as an army doctor at the Siege of Peking. While in India, he wrote a book titled Investigations on Bengal Jail Dietaries. Upon his retirement, he returned to England with his collection of Chinese bronzes, cloisonné, and porcelain. After his death, his wife gifted his favorite piece, a highly important Wanli garlic mouth vase, among other items, to the Victoria and Albert Museum, accession number CIRC.23-1950, where it remains to this day.
Condition: Very good condition with expected old wear, traces of age and usage, some casting irregularities, small nicks and losses, light scratches, the undersides of the feet with tiny old fills. The gold inlays are fresh and in very good condition overall. The silver inlays have darkened over time and show expected tarnish. However, we chose not to clean the silver inlays, so to preserve the piece’s impressive natural appearance.

Weight: 5,200 g
Dimensions: Height 31.5 cm

Referring to the importance of reverence to the past in Chinese art, Ulrich Hausmann writes:

“Archaic bronzes and their inscriptions, the subject of centuries of epigraphic and stylistic studies by literary men and artists, became inseparable, so much so that since that time scholars writing characters have seen at the back of their minds the image of ancient bronze vessels whose rubbings they had carefully studied. Generations of painters and calligraphers [...] spent a lifetime studying these inscriptions. What could be more fitting than to embellish one's studio with subtle allusions to the magnificent past, or to furnish the ancestral altar with vessels expressing the continuation of their inheritance.” (Quote from Ulrich Hausmann, Later Chinese Bronzes: In Search of Later Bronzes in Documentary Chinese Works of Art: In Scholars' Taste, Ed. Paul Moss, Sydney L. Moss, London, 1983, page 233, requoted again by Hugh Moss and Gerard Tsang in Arts from the Scholar's Studio, The Oriental Ceramic Society of Hong Kong and the Fung Ping Shan Museum, University of Hong Kong, 1986, cat. no. 161.)

Expert’s note: The present steamer is quite likely to date from the Song dynasty, because the earliest archaistic bronzes generally tend to be the closest in form and design to their archaic prototypes. This is clearly the case here, as shown by the two literature comparisons below, which prove that the present lot is very much in the spirit of its Shang and Western Zhou paragons. The example from the National Palace Museum, Taipei, even has gold and silver inlays just like our vessel, which is unusual for such an early piece. Another important aspect is the superb, naturally grown patina on the present lot with its distinct malachite encrustations. This is beyond doubt not a patina from the late Ming or early Qing dynasty: It not only does closely resemble that of ancient bronzes, but with its unique appearance, reminiscent of savage elementary forces rather than the genteel creations of later periods, essentially makes this bronze an archaic vessel of its own merit.

Literature comparison:
Compare a closely related prototype for this steamer, also with gold and silver inlays, dated to the Shang dynasty, in the National Palace Museum, Taipei, image number K1A002369N000000000PAB. A related prototype, lacking gold and silver inlays, dated to the Western Zhou dynasty, 11th-10th century BC, in the collection of the Arthur M. Sackler Gallery in the National Museum of Asian Art, Smithsonian Institution, accession number S1987.352a-b, is illustrated by Jessica Rawson, Western Zhou Ritual Bronzes from the Arthur M. Sackler Collections, Vol. IIB, Massachusetts, 1990, pp. 342-344, no. 33.

Auction result comparison:
Type: Related
Auction: Bonhams London, 11 November 2010, lot 139
Price: GBP 31,200 or approx. EUR 49,500 converted and adjusted for inflation at the time of writing
Description: A large archaistic bronze tripod steamer, yan, probably Song dynasty
Expert remark: Compare the closely related form with similar legs cast with animal masks. This steamer is however vastly inferior to the present lot as it lacks the gold and silver inlays and the design is overall less lively. Note the larger size (44.5 cm).

Auction result comparison:
Type: Related
Auction: Sotheby’s New York, 1 December 2022, lot 694
Price: USD 37,800 or approx. EUR 35,000 converted at the time of writing
Description: An archaistic copper-inlaid bronze tripod censer (Ding), Ming dynasty
Expert remark: Compare the related form with similar legs cast with animal masks. This censer is however vastly inferior to the present lot, not only because the inlays are merely copper, but also because it completely lacks the cauldron found on the present lot. Also note the significantly smaller size (16.7 cm).

Auction result comparison:
Type: Related
Auction: Sotheby’s London, 14 May 2014, lot 252
Price: GBP 80,500 or approx. EUR 116,000 converted and adjusted for inflation at the time of writing
Description: An archaistic silver and gold-inlaid bronze wine vessel and cover, you, Ming dynasty
Expert remark: Compare the closely related manner of casting and decorations with similar gold and silver inlays. Note the related size (30.2 cm).

Auction result comparison:
Type: Related
Auction: Sotheby’s Hong Kong, 8 October 2014, lot 3350
Price: HKD 2,680,000 or approx. EUR 380,000 converted and adjusted for inflation at the time of writing
Description: A large gold and silver-inlaid bronze incense burner, gui, late Ming dynasty
Expert remark: Compare the closely related manner of casting and decorations with similar gold and silver inlays. Note the similar size (28.5 cm).

宋至明代銅錯金銀三足銅甗
中國,960-1644年。甗分上下兩部分:一甑一鬲。甑部與鬲部相連,甑部有一對拱形直耳,外壁飾雷紋地鳳鳥紋飾帶與蕉葉紋,同樣是雷紋地上獸面紋。鬲部修飾獸面紋。表面神色包漿堅實,散佈著孔雀石色結殼。

來源:Dr. David McCay收藏,在同一家族保存至今。Dr. David McCay是一名英國醫生,後來在印度孟加拉的印度醫療部擔任外科醫生。他在義和團運動期間被派往中國擔任軍醫。在印度期間,他寫了一本名為《孟加拉監獄飲食調查》的書。退休後,他帶著他收藏的中國青銅器、景泰藍和瓷器回到英國。在他去世後,他的妻子將他最喜歡的一件非常重要的萬曆蒜頭瓶贈予維多利亞和阿爾伯特博物館,編號為 CIRC.23-1950,至今仍保存在博物館。
品相:狀況極好,有磨損和使用痕跡、一些鑄造不規則、小刻痕和缺損、輕微劃痕、腳底面有微小的填充物。錯金部分整體狀況非常好。錯銀部分變暗並顯示出光澤。

重量:5,200 克
尺寸:高 31.5 厘米

Fine Chinese Art / 中國藝術集珍 / Buddhism & Hinduism

Auktionsdatum
Lose: 1-210
Ort der Versteigerung
Sterngasse 13
Vienna
1010
Austria

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Further information please read § 3

§ 1) The auction shall be carried out in accordance with the provisions of the rules of procedure of GALERIE ZACKE©, SZA VERSTEIGERUNGEN UND VERTRIEBS GMBH, MARIAHILFERSTRASSE 112, 1070 WIEN (hereinafter referred to as the company) as well as in accordance with sections 244-246 of the GEWERBEORDNUNG [Industrial Code] of 1994. The auction shall be carried out on commission. The auctioneer shall be entitled to withdraw lots exceptionally, to conduct the auction deviating from the order of the catalog numbers and to offer lots jointly. In the event of any dispute concerning a double bid or if the auctioneer has missed a bid, the auctioneer shall be entitled to revoke acceptance of a bid and to continue auctioning the item. The figures stated in the catalog shall be the highest bid in Euro (€) expected by the respective expert. As a rule, the bid shall be increased by 10% of the last bid. (See table of the bidding increments).

 

§ 2) The acceptance of a bid shall be granted to the highest bidder unless a hidden reserve has been agreed upon with the consignor of the item in question. Such a hidden reserve (also called limit or just reserve) shall be the minimum price under which the item will not be sold during the auction. This reserve will be disclosed upon request and after the auction only and may exceed the estimate. The auctioneer will in this case bid on behalf of the seller against all other bidders until the reserve has been reached. If a reserve is not reached during the auction, the auctioneer will knock down the item to the highest bidder at the final bid, but the sale will be conditional of the acceptance of this final bid by the seller. In this case the highest bidder shall be bound to his/her last bid for a term of 8 days starting with the day of the knockdown. If the winning bidder does not receive a written cancellation notice within this term of 8 days, the knockdown becomes unconditional and the sale is final. Typically, only a minority of all items in an auction have a hidden reserve.

 

§ 3) Most items shall be subject to differential taxation. A uniform surcharge of 25% plus the value added tax applicable to the surcharge to the amount of 20% shall be added to the achieved highest bid (final and highest bid). Thus, the surcharge shall be 30% of the final and highest bid in total. Items with added VAT are marked in the online catalog.

 

§ 4) In the event of sales abroad, the value added tax will be repaid if the item is sold to a country which is not a member country of the European Union (third country), the legal requirements are met, and the proof of exportation is provided. The value added tax shall not be shown separately on the invoice.

 

§ 5) The auction buyer must pay the purchase price immediately upon acceptance of the bid (final and highest bid plus 25% surcharge, plus the value added tax applicable to the surcharge to the amount of 20%, or the added VAT on top of the final price, when a lot is highlighted accordingly in the auction catalog). The company may grant an auction buyer a term of payment for the purchase price in whole or in part when this has been formally applied for in writing before the auction.

 

§ 6) In the event of a term of payment, or any payment delay, in whole or in part, the company shall be entitled to charge default interest (12% p.a.) as well as storage charges (2.4% pf the final and highest bid per month commenced) after 14 days upon acceptance of the bid. The item purchased at auction shall be handed over exclusively upon full payment of the purchase price including all costs and charges accrued since the acceptance of the bid.

 

§ 7) The buyer should take acquired items into possession, as far as possible, immediately or after the end of the auction. Items which have been fully paid for shall be handed over in our show rooms in GALERIE ZACKE, MARIAHILFERSTRASSE 112, 1070 VIENNA. If a deferred purchase price is not paid within the set period, the company shall be entitled to auction the item again in order to recoup its claim from the defaulting auction buyer. In this case, the defaulting auction buyer shall be liable to the company for the total loss of commission incurred by the company due to the re-auctioning as well as for any default interest and storage charges.

 

§ 8) The company shall be entitled to a lien on all items of the buyer irrespective of whether the buyer bought them within the scope of an auction or in free sale or the company secured ownership of these items otherwise. This lien shall serve to secure all current and future, qualified, limited and unmatured claims to which the company is entitled and which result from all legal transactions concluded with the buyer.

 

§ 9) The items received for auction will be exhibited and may be viewed prior to the auction. In doing so, the company shall give everyone the opportunity to check the nature and the condition of the exhibited items to the extent deemed possible within the scope of the exhibition. Every bidder shall be deemed to act on its own behalf unless it provides a written confirmation saying that it acts as a representative or agent of a well-known principal. The company may refuse bids; this shall particularly apply if a bidder who is unknown to the company or with whom the company has no business connections yet does not provide a security deposit before the auction. However, in principle there shall be no claim to accept a bid. If a bid has been refused, the previous bid shall remain effective.

 

§ 10) The company’s experts evaluate and describe the items received for auction and determine the starting prices unless otherwise stated in the catalog or expert opinion. The information concerning production technique or material, state of preservation, origin, design and age of an item is based on published or otherwise generally accessible (scientific) findings concluded by the company’s expert with the necessary care and accuracy. The company shall warrant to the buyer according to §34-38 of the AGB (Terms and Conditions) that properties are correct provided that any complaints referring to this are made within 45 days after the auction day. Subsequent complaints shall be excluded in principle. The company shall not be liable for any further information in the catalog and expert opinion as well. This shall also apply to illustrations in the catalog. The purpose of these illustrations is to guide the potential buyer during the preview. They shall not be authoritative for the condition or the characteristics of the pictured item. The published condition reports shall only mention defects and damage affecting the artistic or commercial value significantly. Complaints concerning the price shall be excluded upon acceptance of the bid. The company reserves the right to amend the catalog online prior to the auction. These amendments shall also be made public orally by the auctioneer during the auction. In this case, the company shall be liable for the amendment only. All items offered may be checked prior to the auction. These items are used. Any claims for damages exceeding the liability named above and resulting from other material defects or other defects of the item shall be excluded. When making the bid, the bidder confirms that he/she has inspected the item prior to the auction and has made sure that the item corresponds to the description.

 

§ 11) If a customer is not able to participate in an auction personally, the company shall accept purchase orders. These orders may be placed in writing via mail, e-mail, fax, www.zacke.at or a third party bidding platform. In the case of a purchase order placed by phone or orally, the company shall reserve the right to make the performance dependent on a confirmation from the principal communicated in writing. Furthermore, the company shall not be liable for the performance of purchase orders. Equal purchase orders or live bids will be considered in the order of their receipt. Bids which below the estimate shall be exhausted completely. Bids which do not correspond to the increments determined by the company (see bidding increment table) will be rounded up to the next higher increment. The table of these increments can be sent upon request. The written bid (purchase order) must include the item, the catalog number and the offered top bid limit which is quoted as the amount of the acceptance of the bid without buyer’s commission and without taxes. Ambiguities shall be carried by the bidder. A purchase order which has already been placed may only be cancelled if the written withdrawal is received by the company at least 72 hours prior to the beginning of the auction.

 

§ 12) The company may refuse a purchase order without explanation or make its execution dependent on payment of a security deposit. In the event of an unsuccessful order, such a deposit will be reimbursed by the company within 5 working days. Processing of purchase orders is free of charge.

 

§ 13) Every seller shall in principle be entitled to withdraw the items offered for auction until the start of the auction. Therefore, it is impossible to assume liability or to give warranty for the actual offering.

 

§ 14) Paid items must be collected within 30 days after payment. Items which have not been collected may be re-offered without further communication at the starting price from the recent auction reduced by 50%. Items which have not been collected within 30 days after the auction or for which the company does not receive any proper shipping instructions stating the type of shipping and the address of dispatch (independent of a possibly placed purchase order) shall be stored at the owner’s risk. Furthermore, the company shall be entitled to store items which have been purchased at auction and paid but not collected at the buyer ś risk and expense, including the costs for an insurance, with a forwarding agency. It shall be understood that the provision concerning the re-auctioning of unpaid and paid but not collected items must also apply to items not exhibited or stored on the premises of the company. The ownership shall be transferred to the buyer at the time of handing over the issuing note.

 

§ 15) In the case of mixed lots with a starting price of less than EUR 350.00, the company shall not warrant for the completeness or correctness of the individual items within a mixed lot.

 

§ 16) A registration for a bid by telephone for one or several items shall automatically represent a bid at the estimate price of these items. If the company cannot reach a bidder by telephone, it will bid on behalf of this bidder up to the estimate price when the respective lot is up for auction.

 

§ 17) Payments made to the company by mistake (through the payer ś fault) (e. g. due to miscalculation of the exchange rate by the payer) or payments made to the company for the same invoice several times shall be compensated in form of a credit note for goods for an indefinite period of time. The repayment of such payments in cash shall be excluded.

 

§ 18) Certain auction lots may exist several times (multiples). In such a case, the auctioneer may accept a second, third or even more bids from the underbidder(s). In this case, the text in the catalog and not the illustration shall be exclusively binding with regard to the warranty.

 

§ 19) The company reserves the right to assign to the buyer all rights and obligations resulting from the contractual relationship between the company and the seller by way of a respective declaration, as well as to assign to the seller all rights and obligations resulting from the contractual relationship between the company and the buyer by way of a respective declaration, in each case in terms of a complete assignment of contract with the result that the contractual relationship - following the submission of the aforementioned declarations by the company – shall exclusively be between the seller and the buyer, all of which is in accordance with the basic model of the commission agreement. Buyers and sellers shall already now give their explicit consent to this contract assignment.

 

§ 20) The place of performance of the contract brought about between the company on the one hand and the seller as well as the buyer on the other hand shall be the place of business of the company. The legal relationships and contracts existing between the company, the sellers and the buyers shall be subject to Austrian law. The company, the sellers and the buyers shall agree to settle all disputes resulting from, concerning and in connection with this contract before the territorially competent court of Vienna.

 

§ 21) The export of certain art objects from Austria shall require a permit from the Bundesdenkmalamt [Federal Monuments Office]. The company will orally provide information about art objects for which such export permit will probably not be granted at the beginning of the auction.

 

§ 22) Whenever making a bid, whether personally or via an agent, in writing, online, telephone, or in any other way, the bidder fully and unconditionally accepts the Terms of Auction, the ‘Important Information’ section in the auction catalog, the Terms and Conditions (AGB) of Galerie Zacke, §1-48, the Fee Tariff, and the Bidding Increments table, all as published on www.zacke.at on the day of the auction.

 

Vollständige AGBs