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ADMIRING THE WATERFALL' FU BAOSHI, DATED 1963
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Description
'ADMIRING THE WATERFALL' FU BAOSHI, DATED 1963
China. Black ink and watercolors on paper. Depicting a scholar with a cane standing below a monumental waterfall, his head raised in awe towards the cliff. Silk brocade frame and mounted as a hanging scroll.
Expert's note: Fu Baoshi reached his first artistic peak during his stay in Chongqing. Inspired by the geographical eccentricity of the location, he painted a series of landscapes and waterfalls which later became known as the “Landscapes of Jingangpo” - the mountain suburb of his residence. During his later years, he kept painting variations of these landscapes, including the present work, further improving the emotional density of the scenes. As Fu recalled, “There is a myriad of breath-taking scenery surrounding Jingangpo. Everywhere you look, fenben [artist's sketch books and preparatory drawings] exist in abundance. Those who live in the Southeast [Chongqing is located in the Southwest] cannot and dare not embrace this realm made possible only by the local misty atmosphere and the majestic peaks.”
The composition of the present work emphasizes grandeur and monumentality. Technically, Fu Baoshi mostly eschews outlines and utilizes dappling of the brush and ink washes. In spite of the first impression, each element is rendered meticulously and with distinctive purpose. The distant rocks with atmospheric effect on the very top of the work contrast with the near and clear ones on the bottom. The seeming disorder of the falling waters, upon closer examination, is consisted of logically cascading waterflows seeking ways between protruding rock spires. A giant tree is rising above the cliff on the left. Near the bottom stands a lofty scholar, halting to admire the wonders of nature that take his breath away. Fu Baoshi uses flesh color to accent the head of the minuscule figure and razor sharp minuscule brushstrokes for the staff and the outlines of the robe, which do not shy a tenfold magnifying, adding vitality and a point of entry for the viewers to experience this pictorial world vicariously. The minuscule figure further highlights the colossal towering peaks and waterfalls.
Fu Baoshi's family later reminisced about their time there: “Jingangpo, where we lived, was a typical mountain district of Sichuan province. Villages are scattered in layers of mountains and hills, where streams, bamboo groves, thickets, and forests are ubiquitous. And in the mountains there are the secluded ancient temples. In the summer, fog and mist frequently permeates the air, causing one to lose one's direction. However, this type of scenery was beloved by father [Fu Baoshi] the most.” The present work, in every way, exemplifies the finest of Fu Baoshi's waterfalls.
Inscriptions: Upper right 'Fu Baoshi in Nanjing, May 1963', one seal 'Baoshi zhi yin'. Lower left, one collector's seal 'Yang Qilin suocang shuhua'.
Provenance: From the collection of Yang Qilin, Singapore. Collector's seal 'Yang Qilin suocang shuhua' to lower left of painting. Thence by descent to the auction market, a noted private collector acquired from the above. Yang Qilin (1917-1998), was born in Chao'an, Guangdong Province, and later lived in Singapore. During his lifetime he collected more than 1,000 calligraphies and paintings, among them many highly important works. Together with Huang Manshi, Liu Zuochu and Chen Chuchu, he was known as the "Four Great Collectors of Paintings and Calligraphy in Singapore".
Condition: Excellent condition with minor wear and traces of age, and few small creases to the mounting.
Dimensions: Image size 51.5 x 28.5 cm, Size incl. mounting 201.5 x 46.7 cm
The finely polished hardwood scroll handles are probably carved from ebony.
Fu Baoshi (1904-1965) was a Chinese painter from Xinyu, Jiangxi Province. Credited with revolutionizing Chinese ink painting, Fu is perhaps the most original figure painter and landscapist of China's modern period, and one of the most important artists of the 20th century overall. In 1933, Fu went to Japan to study the History of Oriental Art at the Tokyo School of Fine Arts. After returning to China, he taught in the Art Department of Central University (today Nanjing University). At this time, Fu developed a new style, smoothly incorporating foreign ideas and techniques, and began creating boldly individualistic yet sometimes strongly nationalistic work. He also sought to revive early schools of realist depiction that made greater use of color and ink wash. His most important and acclaimed works of landscape painting employed skillful use of inking methods, such as washing, rubbing or dotting, creating a distinct style that encompasses a sheerly enormous range of varieties, but all within strict traditional rules. His detailed paintings of miniature figures remain unmatched to this day, due to his remarkably delicate and thus inimitable brushstrokes.
Auction result comparison:
Type: Closely related
Auction: Sotheby's Hong Kong, 1 October 2018, lot 1319
Price: HKD 3,240,000 or approx. EUR 438,500 converted and adjusted for inflation at the time of writing
Description: Fu Baoshi, Expedition to the Waterfall
Expert remark: Note the size (96.5 x 37 cm)
Auction result comparison:
Type: Closely related
Auction: Christie's Hong Kong, 8 July 2020, lot 1074
Price: HKD 812,500 or approx. EUR 104,500 converted and adjusted for inflation at the time of writing
Description: Fu Baoshi (1904-1965), Viewing Waterfall
Expert remark: Note the size (69 x 33 cm)
傅抱石款《觀瀑圖》，1963年
中國，紙本設色，掛軸。散鋒皴擦水口的山石，透過其佈局襯托出流水的質感和動勢，構圖滿密，瀑布飛泉依山勢曲折而下，水勢湍急。一人立于石台之上，沉浸在震耳欲聾的水聲中，暢然忘返。
由於字數限制，完整中文敘述請至www.zacke.at查看。
China. Black ink and watercolors on paper. Depicting a scholar with a cane standing below a monumental waterfall, his head raised in awe towards the cliff. Silk brocade frame and mounted as a hanging scroll.
Expert's note: Fu Baoshi reached his first artistic peak during his stay in Chongqing. Inspired by the geographical eccentricity of the location, he painted a series of landscapes and waterfalls which later became known as the “Landscapes of Jingangpo” - the mountain suburb of his residence. During his later years, he kept painting variations of these landscapes, including the present work, further improving the emotional density of the scenes. As Fu recalled, “There is a myriad of breath-taking scenery surrounding Jingangpo. Everywhere you look, fenben [artist's sketch books and preparatory drawings] exist in abundance. Those who live in the Southeast [Chongqing is located in the Southwest] cannot and dare not embrace this realm made possible only by the local misty atmosphere and the majestic peaks.”
The composition of the present work emphasizes grandeur and monumentality. Technically, Fu Baoshi mostly eschews outlines and utilizes dappling of the brush and ink washes. In spite of the first impression, each element is rendered meticulously and with distinctive purpose. The distant rocks with atmospheric effect on the very top of the work contrast with the near and clear ones on the bottom. The seeming disorder of the falling waters, upon closer examination, is consisted of logically cascading waterflows seeking ways between protruding rock spires. A giant tree is rising above the cliff on the left. Near the bottom stands a lofty scholar, halting to admire the wonders of nature that take his breath away. Fu Baoshi uses flesh color to accent the head of the minuscule figure and razor sharp minuscule brushstrokes for the staff and the outlines of the robe, which do not shy a tenfold magnifying, adding vitality and a point of entry for the viewers to experience this pictorial world vicariously. The minuscule figure further highlights the colossal towering peaks and waterfalls.
Fu Baoshi's family later reminisced about their time there: “Jingangpo, where we lived, was a typical mountain district of Sichuan province. Villages are scattered in layers of mountains and hills, where streams, bamboo groves, thickets, and forests are ubiquitous. And in the mountains there are the secluded ancient temples. In the summer, fog and mist frequently permeates the air, causing one to lose one's direction. However, this type of scenery was beloved by father [Fu Baoshi] the most.” The present work, in every way, exemplifies the finest of Fu Baoshi's waterfalls.
Inscriptions: Upper right 'Fu Baoshi in Nanjing, May 1963', one seal 'Baoshi zhi yin'. Lower left, one collector's seal 'Yang Qilin suocang shuhua'.
Provenance: From the collection of Yang Qilin, Singapore. Collector's seal 'Yang Qilin suocang shuhua' to lower left of painting. Thence by descent to the auction market, a noted private collector acquired from the above. Yang Qilin (1917-1998), was born in Chao'an, Guangdong Province, and later lived in Singapore. During his lifetime he collected more than 1,000 calligraphies and paintings, among them many highly important works. Together with Huang Manshi, Liu Zuochu and Chen Chuchu, he was known as the "Four Great Collectors of Paintings and Calligraphy in Singapore".
Condition: Excellent condition with minor wear and traces of age, and few small creases to the mounting.
Dimensions: Image size 51.5 x 28.5 cm, Size incl. mounting 201.5 x 46.7 cm
The finely polished hardwood scroll handles are probably carved from ebony.
Fu Baoshi (1904-1965) was a Chinese painter from Xinyu, Jiangxi Province. Credited with revolutionizing Chinese ink painting, Fu is perhaps the most original figure painter and landscapist of China's modern period, and one of the most important artists of the 20th century overall. In 1933, Fu went to Japan to study the History of Oriental Art at the Tokyo School of Fine Arts. After returning to China, he taught in the Art Department of Central University (today Nanjing University). At this time, Fu developed a new style, smoothly incorporating foreign ideas and techniques, and began creating boldly individualistic yet sometimes strongly nationalistic work. He also sought to revive early schools of realist depiction that made greater use of color and ink wash. His most important and acclaimed works of landscape painting employed skillful use of inking methods, such as washing, rubbing or dotting, creating a distinct style that encompasses a sheerly enormous range of varieties, but all within strict traditional rules. His detailed paintings of miniature figures remain unmatched to this day, due to his remarkably delicate and thus inimitable brushstrokes.
Auction result comparison:
Type: Closely related
Auction: Sotheby's Hong Kong, 1 October 2018, lot 1319
Price: HKD 3,240,000 or approx. EUR 438,500 converted and adjusted for inflation at the time of writing
Description: Fu Baoshi, Expedition to the Waterfall
Expert remark: Note the size (96.5 x 37 cm)
Auction result comparison:
Type: Closely related
Auction: Christie's Hong Kong, 8 July 2020, lot 1074
Price: HKD 812,500 or approx. EUR 104,500 converted and adjusted for inflation at the time of writing
Description: Fu Baoshi (1904-1965), Viewing Waterfall
Expert remark: Note the size (69 x 33 cm)
傅抱石款《觀瀑圖》，1963年
中國，紙本設色，掛軸。散鋒皴擦水口的山石，透過其佈局襯托出流水的質感和動勢，構圖滿密，瀑布飛泉依山勢曲折而下，水勢湍急。一人立于石台之上，沉浸在震耳欲聾的水聲中，暢然忘返。
由於字數限制，完整中文敘述請至www.zacke.at查看。
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'ADMIRING THE WATERFALL' FU BAOSHI, DATED 1963
China. Black ink and watercolors on paper. Depicting a scholar with a cane standing below a monumental waterfall, his head raised in awe towards the cliff. Silk brocade frame and mounted as a hanging scroll.
Expert's note: Fu Baoshi reached his first artistic peak during his stay in Chongqing. Inspired by the geographical eccentricity of the location, he painted a series of landscapes and waterfalls which later became known as the “Landscapes of Jingangpo” - the mountain suburb of his residence. During his later years, he kept painting variations of these landscapes, including the present work, further improving the emotional density of the scenes. As Fu recalled, “There is a myriad of breath-taking scenery surrounding Jingangpo. Everywhere you look, fenben [artist's sketch books and preparatory drawings] exist in abundance. Those who live in the Southeast [Chongqing is located in the Southwest] cannot and dare not embrace this realm made possible only by the local misty atmosphere and the majestic peaks.”
The composition of the present work emphasizes grandeur and monumentality. Technically, Fu Baoshi mostly eschews outlines and utilizes dappling of the brush and ink washes. In spite of the first impression, each element is rendered meticulously and with distinctive purpose. The distant rocks with atmospheric effect on the very top of the work contrast with the near and clear ones on the bottom. The seeming disorder of the falling waters, upon closer examination, is consisted of logically cascading waterflows seeking ways between protruding rock spires. A giant tree is rising above the cliff on the left. Near the bottom stands a lofty scholar, halting to admire the wonders of nature that take his breath away. Fu Baoshi uses flesh color to accent the head of the minuscule figure and razor sharp minuscule brushstrokes for the staff and the outlines of the robe, which do not shy a tenfold magnifying, adding vitality and a point of entry for the viewers to experience this pictorial world vicariously. The minuscule figure further highlights the colossal towering peaks and waterfalls.
Fu Baoshi's family later reminisced about their time there: “Jingangpo, where we lived, was a typical mountain district of Sichuan province. Villages are scattered in layers of mountains and hills, where streams, bamboo groves, thickets, and forests are ubiquitous. And in the mountains there are the secluded ancient temples. In the summer, fog and mist frequently permeates the air, causing one to lose one's direction. However, this type of scenery was beloved by father [Fu Baoshi] the most.” The present work, in every way, exemplifies the finest of Fu Baoshi's waterfalls.
Inscriptions: Upper right 'Fu Baoshi in Nanjing, May 1963', one seal 'Baoshi zhi yin'. Lower left, one collector's seal 'Yang Qilin suocang shuhua'.
Provenance: From the collection of Yang Qilin, Singapore. Collector's seal 'Yang Qilin suocang shuhua' to lower left of painting. Thence by descent to the auction market, a noted private collector acquired from the above. Yang Qilin (1917-1998), was born in Chao'an, Guangdong Province, and later lived in Singapore. During his lifetime he collected more than 1,000 calligraphies and paintings, among them many highly important works. Together with Huang Manshi, Liu Zuochu and Chen Chuchu, he was known as the "Four Great Collectors of Paintings and Calligraphy in Singapore".
Condition: Excellent condition with minor wear and traces of age, and few small creases to the mounting.
Dimensions: Image size 51.5 x 28.5 cm, Size incl. mounting 201.5 x 46.7 cm
The finely polished hardwood scroll handles are probably carved from ebony.
Fu Baoshi (1904-1965) was a Chinese painter from Xinyu, Jiangxi Province. Credited with revolutionizing Chinese ink painting, Fu is perhaps the most original figure painter and landscapist of China's modern period, and one of the most important artists of the 20th century overall. In 1933, Fu went to Japan to study the History of Oriental Art at the Tokyo School of Fine Arts. After returning to China, he taught in the Art Department of Central University (today Nanjing University). At this time, Fu developed a new style, smoothly incorporating foreign ideas and techniques, and began creating boldly individualistic yet sometimes strongly nationalistic work. He also sought to revive early schools of realist depiction that made greater use of color and ink wash. His most important and acclaimed works of landscape painting employed skillful use of inking methods, such as washing, rubbing or dotting, creating a distinct style that encompasses a sheerly enormous range of varieties, but all within strict traditional rules. His detailed paintings of miniature figures remain unmatched to this day, due to his remarkably delicate and thus inimitable brushstrokes.
Auction result comparison:
Type: Closely related
Auction: Sotheby's Hong Kong, 1 October 2018, lot 1319
Price: HKD 3,240,000 or approx. EUR 438,500 converted and adjusted for inflation at the time of writing
Description: Fu Baoshi, Expedition to the Waterfall
Expert remark: Note the size (96.5 x 37 cm)
Auction result comparison:
Type: Closely related
Auction: Christie's Hong Kong, 8 July 2020, lot 1074
Price: HKD 812,500 or approx. EUR 104,500 converted and adjusted for inflation at the time of writing
Description: Fu Baoshi (1904-1965), Viewing Waterfall
Expert remark: Note the size (69 x 33 cm)
傅抱石款《觀瀑圖》，1963年
中國，紙本設色，掛軸。散鋒皴擦水口的山石，透過其佈局襯托出流水的質感和動勢，構圖滿密，瀑布飛泉依山勢曲折而下，水勢湍急。一人立于石台之上，沉浸在震耳欲聾的水聲中，暢然忘返。
由於字數限制，完整中文敘述請至www.zacke.at查看。
China. Black ink and watercolors on paper. Depicting a scholar with a cane standing below a monumental waterfall, his head raised in awe towards the cliff. Silk brocade frame and mounted as a hanging scroll.
Expert's note: Fu Baoshi reached his first artistic peak during his stay in Chongqing. Inspired by the geographical eccentricity of the location, he painted a series of landscapes and waterfalls which later became known as the “Landscapes of Jingangpo” - the mountain suburb of his residence. During his later years, he kept painting variations of these landscapes, including the present work, further improving the emotional density of the scenes. As Fu recalled, “There is a myriad of breath-taking scenery surrounding Jingangpo. Everywhere you look, fenben [artist's sketch books and preparatory drawings] exist in abundance. Those who live in the Southeast [Chongqing is located in the Southwest] cannot and dare not embrace this realm made possible only by the local misty atmosphere and the majestic peaks.”
The composition of the present work emphasizes grandeur and monumentality. Technically, Fu Baoshi mostly eschews outlines and utilizes dappling of the brush and ink washes. In spite of the first impression, each element is rendered meticulously and with distinctive purpose. The distant rocks with atmospheric effect on the very top of the work contrast with the near and clear ones on the bottom. The seeming disorder of the falling waters, upon closer examination, is consisted of logically cascading waterflows seeking ways between protruding rock spires. A giant tree is rising above the cliff on the left. Near the bottom stands a lofty scholar, halting to admire the wonders of nature that take his breath away. Fu Baoshi uses flesh color to accent the head of the minuscule figure and razor sharp minuscule brushstrokes for the staff and the outlines of the robe, which do not shy a tenfold magnifying, adding vitality and a point of entry for the viewers to experience this pictorial world vicariously. The minuscule figure further highlights the colossal towering peaks and waterfalls.
Fu Baoshi's family later reminisced about their time there: “Jingangpo, where we lived, was a typical mountain district of Sichuan province. Villages are scattered in layers of mountains and hills, where streams, bamboo groves, thickets, and forests are ubiquitous. And in the mountains there are the secluded ancient temples. In the summer, fog and mist frequently permeates the air, causing one to lose one's direction. However, this type of scenery was beloved by father [Fu Baoshi] the most.” The present work, in every way, exemplifies the finest of Fu Baoshi's waterfalls.
Inscriptions: Upper right 'Fu Baoshi in Nanjing, May 1963', one seal 'Baoshi zhi yin'. Lower left, one collector's seal 'Yang Qilin suocang shuhua'.
Provenance: From the collection of Yang Qilin, Singapore. Collector's seal 'Yang Qilin suocang shuhua' to lower left of painting. Thence by descent to the auction market, a noted private collector acquired from the above. Yang Qilin (1917-1998), was born in Chao'an, Guangdong Province, and later lived in Singapore. During his lifetime he collected more than 1,000 calligraphies and paintings, among them many highly important works. Together with Huang Manshi, Liu Zuochu and Chen Chuchu, he was known as the "Four Great Collectors of Paintings and Calligraphy in Singapore".
Condition: Excellent condition with minor wear and traces of age, and few small creases to the mounting.
Dimensions: Image size 51.5 x 28.5 cm, Size incl. mounting 201.5 x 46.7 cm
The finely polished hardwood scroll handles are probably carved from ebony.
Fu Baoshi (1904-1965) was a Chinese painter from Xinyu, Jiangxi Province. Credited with revolutionizing Chinese ink painting, Fu is perhaps the most original figure painter and landscapist of China's modern period, and one of the most important artists of the 20th century overall. In 1933, Fu went to Japan to study the History of Oriental Art at the Tokyo School of Fine Arts. After returning to China, he taught in the Art Department of Central University (today Nanjing University). At this time, Fu developed a new style, smoothly incorporating foreign ideas and techniques, and began creating boldly individualistic yet sometimes strongly nationalistic work. He also sought to revive early schools of realist depiction that made greater use of color and ink wash. His most important and acclaimed works of landscape painting employed skillful use of inking methods, such as washing, rubbing or dotting, creating a distinct style that encompasses a sheerly enormous range of varieties, but all within strict traditional rules. His detailed paintings of miniature figures remain unmatched to this day, due to his remarkably delicate and thus inimitable brushstrokes.
Auction result comparison:
Type: Closely related
Auction: Sotheby's Hong Kong, 1 October 2018, lot 1319
Price: HKD 3,240,000 or approx. EUR 438,500 converted and adjusted for inflation at the time of writing
Description: Fu Baoshi, Expedition to the Waterfall
Expert remark: Note the size (96.5 x 37 cm)
Auction result comparison:
Type: Closely related
Auction: Christie's Hong Kong, 8 July 2020, lot 1074
Price: HKD 812,500 or approx. EUR 104,500 converted and adjusted for inflation at the time of writing
Description: Fu Baoshi (1904-1965), Viewing Waterfall
Expert remark: Note the size (69 x 33 cm)
傅抱石款《觀瀑圖》，1963年
中國，紙本設色，掛軸。散鋒皴擦水口的山石，透過其佈局襯托出流水的質感和動勢，構圖滿密，瀑布飛泉依山勢曲折而下，水勢湍急。一人立于石台之上，沉浸在震耳欲聾的水聲中，暢然忘返。
由於字數限制，完整中文敘述請至www.zacke.at查看。
DAY 1 - TWO-DAY AUCTION - Fine Chinese Art / 中國藝術集珍 / Buddhism & Hinduism
Sale Date(s)
Lots: 1-267
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§ 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.
