141
A RARE AND IMPORTANT LIMESTONE FIGURE OF A BODHISATTVA, LONGMEN GROTTOES, NORTHERN WEI DYNASTY
1/18
Description
A RARE AND IMPORTANT LIMESTONE FIGURE OF A BODHISATTVA, LONGMEN GROTTOES, NORTHERN WEI DYNASTY
China, 386-534. Finely carved standing on a circular lotus dais, the right hand held in front of the chest and the left lowered at his side, the head slightly tilted to his right. Wearing long flowing robes secured at the waist and billowing scarves falling loosely over the body. The face sensitively carved with a serene expression marked by heavy-lidded eyes, gently arched brows, and full lips, flanked by long pendulous earlobes. A simple tiara with a central flower separates the braids of hair pulled up in front of the head, and equally serves as the base for a hairdo that forms an almost crown-like design on top.
Provenance: A private collection in Cleveland, Ohio, USA, pre-1983. Anunt Hengtrakul, New York, USA, acquired from the above c. 1984. Michael B. Weisbrod, Inc., New York, USA, acquired from the above, c. 1992. The collection of J. Abraham Cohen, New York, USA, acquired from the above. Anunt Hengtrakul was a collector of fine Chinese works of art, active in the US and Canada during the 1980s and 1990s. In the early 2000s, he began to gift objects to museums, including the Joslyn Art Museum in Omaha, Nebraska, and the Middlebury College Museum of Art in Middlebury, Vermont. Michael B. Weisbrod is a noted scholar of Chinese art, who has published extensively on the subject over a time span of more than 50 years. In 1972, Michael joined his father Dr. Gerald Weisbrod's Asian art gallery in Toronto, Canada. The father-and-son team opened their New York location on Madison Avenue in 1977, and during the next 45 years the gallery held a significant number of exhibitions, selling to museums and private collectors across the globe, eventually adding further locations in Shanghai and Hong Kong.
Published: Michael B. Weisbrod, Inc., Brochure, New York, 1992.
Condition: Excellent condition, commensurate with age, and presenting remarkably well. Extensive wear, minor losses and cracks, small nicks, light scratches, signs of weathering and erosion, some encrustations. Fine, naturally grown patina with a subtle luster overall, worn from centuries of exposure to the natural elements.
Weight: 5,796 g (excl. stand)
Dimensions: Height 53.5 cm (excl. stand) and 59 cm (incl. stand)
Sculptures of this type are known to be from the Longmen Grottoes in Luoyang, Henan, China. They are all fragmentary, and of a dark and mottled color, alternating from gray to black, as seen on the back of the present statue where the raw stone becomes visible. Occasionally, a light brown color appears on the carved surface in the front. All figures were cut from the caves in a particular manner, leaving the present statue with a V-shaped cross-section.
Of all the caves in the Longmen Grottoes, those completed during the Northern Wei and Tang dynasties make up around 30 % and 60 %, respectively. Naturally, these two dynasties show widely different styles of carving. Those of the Northern Wei are vivacious, slim, and sensitively carved, while the Tang figures are more plump. The Wei figures are some of the finest examples of Chinese Buddhist art.
Literature comparison:
Several illustrated examples, found in different collections and museums around the world, have been published in The Lost Statues of Longmen Cave, Longmen Grottoes Research Institute, by C. K. Chan, Wen Yucheng, and Wang Zhenguo, numbers 6, 9, 11, and 22, all of which have characteristics similar to the present lot including the long upper torso, low waist, S-shaped folds on the robes or sleeves, and the shallow but confident carving of the details, as well as a similar patina and encrustation. Compare two closely related limestone figures of attendant bodhisattvas, dated to the Northern Wei dynasty, early 6th century, in the Metropolitan Museum of Art, accession numbers 48.176 and 48.182.4. Compare a related limestone figure of a seated Buddha, dated to the Northern Wei dynasty, in the Asian Art Museum of San Francisco, object number B60S40. Compare a related sandstone figure probably depicting Avalokiteshvara, dated Six Dynasties period, middle Northern Wei dynasty, about 470-480, in the Los Angeles County Museum of Art, accession number 47.37. Compare two related limestone bodhisattvas, each 88.9 cm high, with similarly carved lotus daises, previously attributed to the Northern Wei dynasty but now thought to be from the Northern Qi dynasty, in the Victoria & Albert Museum, accession numbers A7-1913 and A.8-1913.
13% VAT will be added to the hammer price additional to the buyer’s premium – only for buyers within the EU.
北魏罕見石灰石菩薩立像，龍門石窟
中國，386-534年。菩薩立於圓形蓮台上，右手抱於胸前，左低垂於身側，頭略偏右。表情平靜，雙眼低垂，豐滿的嘴唇，平靜恬雅；兩側是長長的下垂耳垂，髮髻華麗，頭戴花飾。本像身軀婀娜，線條柔雅，身體重心置於一側，腹腰豐滿細緻，衣袍纖薄貼身，隱露雙腿。
來源：1983年前美國俄亥俄克利夫蘭私人收藏；紐約Anunt Hengtrakul約在1984年購於上述收藏。紐約Michael B. Weisbrod藝廊1992年購於上述收藏； 紐約J. Abraham Cohen收藏，購於上述收藏。Anunt Hengtrakul 1980 年代和 1990 年代活躍於美國和加拿大的中國藝術品收藏家。 在 2000 年代初，他開始向博物館贈送物品，包括內布拉斯加州奧馬哈的喬斯林藝術博物館和佛蒙特州米德爾伯里學院藝術博物館。美國紐約Michael B. Weisbrod私人收藏。Michael B. Weisbrod是一位著名的中國藝術學者，他在 50 多年的時間裡就該主題發表了大量著作。1972 年，Michael加入了他父親 Gerald Weisbrod 博士在加拿大多倫多的亞洲藝術藝廊。這對父子團隊於 1977 年在麥迪遜大道開設了他們的紐約分館，在接下來的 45 年裡，藝廊舉辦了大量展覽，向全球的博物館和私人收藏家出售作品，最終還在上海和香港開辦分店。
出版：Michael B. Weisbrod，Inc.，《Brochure》，1992年，紐約。
品相：狀況極佳，大面積磨損、輕微缺損和裂縫、刻痕、小劃痕、風化和侵蝕跡象、一些結殼。細膩的包漿。
重量：5,796 g (不含底座)
尺寸：高53.5 厘米(不含底座) ，59 厘米(含底座)
這種類型的石雕造像風格來自中國河南洛陽的龍門石窟。石像表面顏色呈暗色和斑駁，從灰色到黑色交替變化，從現在的雕像背面可以看到原石。偶爾，正面的雕刻表面會出現淺棕色。在龍門石窟的全部洞窟中，北魏和唐代建成的洞窟分別佔30%和60%左右。自然，這兩個朝代表現出截然不同的雕刻風格。北魏人物活潑、苗條、雕琢細膩，而唐人人物則較為豐滿。
文獻比較：
在世界各地不同的收藏品和博物館中發現的幾個圖例，見龍門石窟研究所編，《龍門流散雕像集》中發表，編號6、9、11和22，它們都具有與現拍品相似的特徵，包括長上身、低腰、長袍或袖子上的S形褶皺，以及淺而自信的細節雕刻，還有類似的銅銹和包漿。比較兩件非常相近的六世紀初北魏時期石灰石菩薩像，收藏於大都會藝術博物館，收藏編號為48.176和48.182.4。比較一件相近的北魏時期石灰岩坐佛像，收藏於三藩市亞洲藝術博物館，文物編號B60S40。比較一件相近的約470-480年六朝時期北魏中期可能描繪觀音菩薩的砂岩造像，收藏於洛杉磯縣藝術博物館，收藏編號為47.37。比較兩尊相近的石灰岩菩薩，每尊高88.9釐米，雕刻有類似的蓮台，以前認為是北魏時期的，但現在被斷為是北齊時期的，收藏於維多利亞和亞伯特博物館，收藏編號為A7-1913和A.8-1913。
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A RARE AND IMPORTANT LIMESTONE FIGURE OF A BODHISATTVA, LONGMEN GROTTOES, NORTHERN WEI DYNASTY
China, 386-534. Finely carved standing on a circular lotus dais, the right hand held in front of the chest and the left lowered at his side, the head slightly tilted to his right. Wearing long flowing robes secured at the waist and billowing scarves falling loosely over the body. The face sensitively carved with a serene expression marked by heavy-lidded eyes, gently arched brows, and full lips, flanked by long pendulous earlobes. A simple tiara with a central flower separates the braids of hair pulled up in front of the head, and equally serves as the base for a hairdo that forms an almost crown-like design on top.
Provenance: A private collection in Cleveland, Ohio, USA, pre-1983. Anunt Hengtrakul, New York, USA, acquired from the above c. 1984. Michael B. Weisbrod, Inc., New York, USA, acquired from the above, c. 1992. The collection of J. Abraham Cohen, New York, USA, acquired from the above. Anunt Hengtrakul was a collector of fine Chinese works of art, active in the US and Canada during the 1980s and 1990s. In the early 2000s, he began to gift objects to museums, including the Joslyn Art Museum in Omaha, Nebraska, and the Middlebury College Museum of Art in Middlebury, Vermont. Michael B. Weisbrod is a noted scholar of Chinese art, who has published extensively on the subject over a time span of more than 50 years. In 1972, Michael joined his father Dr. Gerald Weisbrod's Asian art gallery in Toronto, Canada. The father-and-son team opened their New York location on Madison Avenue in 1977, and during the next 45 years the gallery held a significant number of exhibitions, selling to museums and private collectors across the globe, eventually adding further locations in Shanghai and Hong Kong.
Published: Michael B. Weisbrod, Inc., Brochure, New York, 1992.
Condition: Excellent condition, commensurate with age, and presenting remarkably well. Extensive wear, minor losses and cracks, small nicks, light scratches, signs of weathering and erosion, some encrustations. Fine, naturally grown patina with a subtle luster overall, worn from centuries of exposure to the natural elements.
Weight: 5,796 g (excl. stand)
Dimensions: Height 53.5 cm (excl. stand) and 59 cm (incl. stand)
Sculptures of this type are known to be from the Longmen Grottoes in Luoyang, Henan, China. They are all fragmentary, and of a dark and mottled color, alternating from gray to black, as seen on the back of the present statue where the raw stone becomes visible. Occasionally, a light brown color appears on the carved surface in the front. All figures were cut from the caves in a particular manner, leaving the present statue with a V-shaped cross-section.
Of all the caves in the Longmen Grottoes, those completed during the Northern Wei and Tang dynasties make up around 30 % and 60 %, respectively. Naturally, these two dynasties show widely different styles of carving. Those of the Northern Wei are vivacious, slim, and sensitively carved, while the Tang figures are more plump. The Wei figures are some of the finest examples of Chinese Buddhist art.
Literature comparison:
Several illustrated examples, found in different collections and museums around the world, have been published in The Lost Statues of Longmen Cave, Longmen Grottoes Research Institute, by C. K. Chan, Wen Yucheng, and Wang Zhenguo, numbers 6, 9, 11, and 22, all of which have characteristics similar to the present lot including the long upper torso, low waist, S-shaped folds on the robes or sleeves, and the shallow but confident carving of the details, as well as a similar patina and encrustation. Compare two closely related limestone figures of attendant bodhisattvas, dated to the Northern Wei dynasty, early 6th century, in the Metropolitan Museum of Art, accession numbers 48.176 and 48.182.4. Compare a related limestone figure of a seated Buddha, dated to the Northern Wei dynasty, in the Asian Art Museum of San Francisco, object number B60S40. Compare a related sandstone figure probably depicting Avalokiteshvara, dated Six Dynasties period, middle Northern Wei dynasty, about 470-480, in the Los Angeles County Museum of Art, accession number 47.37. Compare two related limestone bodhisattvas, each 88.9 cm high, with similarly carved lotus daises, previously attributed to the Northern Wei dynasty but now thought to be from the Northern Qi dynasty, in the Victoria & Albert Museum, accession numbers A7-1913 and A.8-1913.
13% VAT will be added to the hammer price additional to the buyer’s premium – only for buyers within the EU.
北魏罕見石灰石菩薩立像，龍門石窟
中國，386-534年。菩薩立於圓形蓮台上，右手抱於胸前，左低垂於身側，頭略偏右。表情平靜，雙眼低垂，豐滿的嘴唇，平靜恬雅；兩側是長長的下垂耳垂，髮髻華麗，頭戴花飾。本像身軀婀娜，線條柔雅，身體重心置於一側，腹腰豐滿細緻，衣袍纖薄貼身，隱露雙腿。
來源：1983年前美國俄亥俄克利夫蘭私人收藏；紐約Anunt Hengtrakul約在1984年購於上述收藏。紐約Michael B. Weisbrod藝廊1992年購於上述收藏； 紐約J. Abraham Cohen收藏，購於上述收藏。Anunt Hengtrakul 1980 年代和 1990 年代活躍於美國和加拿大的中國藝術品收藏家。 在 2000 年代初，他開始向博物館贈送物品，包括內布拉斯加州奧馬哈的喬斯林藝術博物館和佛蒙特州米德爾伯里學院藝術博物館。美國紐約Michael B. Weisbrod私人收藏。Michael B. Weisbrod是一位著名的中國藝術學者，他在 50 多年的時間裡就該主題發表了大量著作。1972 年，Michael加入了他父親 Gerald Weisbrod 博士在加拿大多倫多的亞洲藝術藝廊。這對父子團隊於 1977 年在麥迪遜大道開設了他們的紐約分館，在接下來的 45 年裡，藝廊舉辦了大量展覽，向全球的博物館和私人收藏家出售作品，最終還在上海和香港開辦分店。
出版：Michael B. Weisbrod，Inc.，《Brochure》，1992年，紐約。
品相：狀況極佳，大面積磨損、輕微缺損和裂縫、刻痕、小劃痕、風化和侵蝕跡象、一些結殼。細膩的包漿。
重量：5,796 g (不含底座)
尺寸：高53.5 厘米(不含底座) ，59 厘米(含底座)
這種類型的石雕造像風格來自中國河南洛陽的龍門石窟。石像表面顏色呈暗色和斑駁，從灰色到黑色交替變化，從現在的雕像背面可以看到原石。偶爾，正面的雕刻表面會出現淺棕色。在龍門石窟的全部洞窟中，北魏和唐代建成的洞窟分別佔30%和60%左右。自然，這兩個朝代表現出截然不同的雕刻風格。北魏人物活潑、苗條、雕琢細膩，而唐人人物則較為豐滿。
文獻比較：
在世界各地不同的收藏品和博物館中發現的幾個圖例，見龍門石窟研究所編，《龍門流散雕像集》中發表，編號6、9、11和22，它們都具有與現拍品相似的特徵，包括長上身、低腰、長袍或袖子上的S形褶皺，以及淺而自信的細節雕刻，還有類似的銅銹和包漿。比較兩件非常相近的六世紀初北魏時期石灰石菩薩像，收藏於大都會藝術博物館，收藏編號為48.176和48.182.4。比較一件相近的北魏時期石灰岩坐佛像，收藏於三藩市亞洲藝術博物館，文物編號B60S40。比較一件相近的約470-480年六朝時期北魏中期可能描繪觀音菩薩的砂岩造像，收藏於洛杉磯縣藝術博物館，收藏編號為47.37。比較兩尊相近的石灰岩菩薩，每尊高88.9釐米，雕刻有類似的蓮台，以前認為是北魏時期的，但現在被斷為是北齊時期的，收藏於維多利亞和亞伯特博物館，收藏編號為A7-1913和A.8-1913。
Fine Chinese Art / 中國藝術集珍 / Buddhism & Hinduism
Sale Date(s)
Lots: 1-210
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Important Information
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We’ve updated our terms and conditions to better protect all serious and committed buyers from bidding against non-payers. Bidders must clarify all questions specifically about the objects before the auction. A sale cancellation of any kind after the fall of the hammer is not possible. The only exception to this fundamental rule is our guarantee of authenticity. We encourage you to read through these updates carefully (§34-50).
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For domestic shipping Galerie Zacke (hereinafter called “the company”) charges in average Eur 15,- to Eur 50,- per item, depending on size and weight. These fees cover the costs of packing and shipping. Fees for bulky or fragile items, or international shipping will be quoted upon request.
The purchased goods are transported at the risk of the customer following handover of the packaged item to the post office or another carrier which the customer agrees to through his/her submission of the purchase order. According to the specific wish of the customer, the auctioned goods may be insured for the value of the purchase price (highest bid and all surcharges). This insurance fee is 3% of the purchase price. For any lots with a purchase prices exceeding EUR 350,- the transport insurance will be automatically arranged by the company if it does not expressively receive the purchaser’s written denial of this service and signed waiver of claims. Payments due to the company under the insurance contract will be charged to the customer. The company is also entitled to assign claims under the insurance contract to the customer providing the terms of the insurance contract do not prevent this. In any case, the company is only required to make payment to the customer specifically if payment has effectively been received from the insurance company.
COLOR AND CONDITION
Auction lots will be exhibited for viewing prior to the auction, thus offering all interested customers the opportunity to examine the quality and condition of the works exhibited. The catalog illustrations are intended to assist customers during such preview. In illustrations, printed colors do not correspond exactly to the originals. The printed catalog images are not representative for the condition of the illustrated pieces. Hidden flaws and damages are indicated in the condition report. The illustrations in our online catalogs can be strongly magnified, so that most damages and restorations are well recognizable.
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Some items in this catalog may for example consist of ivory, rhinoceroshorn, tortoise shell, or some types of tropical wood, and are subject to the Convention on International Trade in Endangered Species of Wild Fauna and Flora [CITES]. Such items are marked with the symbol Ɏ on www.zacke.at and may only be exported outside the European Union after an export permit in accordance with CITES has been granted by the Austrian authorities. We would like to inform you that such licenses are typically not granted. For objects which have a low ivory content or have been proven beyond doubt to be in the EU before 1982, please contact our office for more information on how to obtain a CITES license.
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At its auctions, Galerie Zacke sells consigned lots on behalf of third-party consignors. For this reason, any complaints related to purchased lots must be in accordance with §32-48 of the general terms and conditions of business of Galerie Zacke, which can be found on www.zacke.at
IMPORTANT INFORMATION
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
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All items starting above 2.000,- EUR have been checked by the Art Loss register
Terms & Conditions
TERMS OF AUCTION
Buyer’s Premium 30% including VAT
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.
