FEATURED ABOVE GOLD OBAN (1838-60)
LOT 23 TEMPO
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AN AUCTION OF THE HERMAN SELIG COLLECTION (PART IV): COINS OF JAPAN
DATE 13 OCTOBER 2022 AT 10 AM
CATALOGUE 261
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ORDER OF SALE
THE HERMAN SELIG COLLECTION PART IV: COINS OF JAPAN
13 OCTOBER 2022 AT 10 AM
THE HERMAN SELIG COLLECTION (PART IV): COINS OF JAPAN 1-54
NUMISMATIC BOOKS 55-59
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INTRODUCTION
AN AUCTION OF:
THE HERMAN SELIG COLLECTION PART IV: COINS OF JAPAN
13 OCTOBER 2022 AT 10 AM
in three previous auctions (Spink 70, 31 May 1989; Spink 131, 2 March 1999; DNW 58, 24-5 June
IK] erman Selig, an enthusiastic collector of English coins since the early 1960s which were dispersed 2003), also had an interest in the pre-1870 coins of Japan.
The pieces in the following lots, catalogued in chronological order and principally acquired in the early 1980s, represent a cross-section of denominations from different eras, the province of Koshu and the city of Akita. Some coins derive from the collection formed by Baltimore banker Thomas Harrison Garrett (1848-88) and his eldest son, the diplomat John Work Garrett II (1872-1942); one such is the impressive Tempo gold oban (Lot 23).
LOT TEMPO, GOLD OBAN (1838-60) ESTIMATE: £20,000-£26,000
x
The Herman Selig Collection (Part IV: Final): Coins of Japan
1 KOSHU, gold Ichi-Bu Kin [c. 1582-90], 15mm, 3.72g (INDA 09-87; | & V F101; KM. 94; F 40). Very fine £300-£400 Provenance: Bt Simmons Gallery February 1985
2 KOSHU, gold Ichi-Bu Kin [c. 1582-90], 15mm, 3.64g NDA 09-87; | & V F101; KM. 94; F 40). Very fine £300-£400 Provenance: Schulman Auction 280 (Amsterdam), 24 September 1984, lot 1669
: 3 “
3 KOSHU, gold Nisshu Kin [c. 1582-90], 12mm, 1.82g NDA 09-88; | & V F102; KM. 93; F 41). About very fine £200-£260
4 KOSHU, gold Isshu Kin [c. 1582-90], 12mm, 0.95g (INDA 09-89; | & V F103; KM. 92; F 42). Very fine £200-£260
5 GENROKU, Tsuho (2) [1688-1704], 3.26g, 1.93g (J & V K301; KM. C1.1); HOEI, Tsuho [1708], 9.23g (J & V K801); MEIWA, Tsuho [1769], 5.08g (INDA 75; | & V K602; KM. C4.2); TEMPO, Tsuho [1835], 19.37g (J & V K803; KM. C7); BUNKYU, Eiho (2) [1863], 3.27¢, 3.97¢ (| & V K901, K902; KM. C6, Cé.a) [7]. Varied state £60-£80
6 KYOHO, gold Koban [1714-36], 73 x 40mm, 17.812 NDA 09-17; J & V B104; F 12). About extremely fine, scarce £3,000-£4,000 Provenance: Schulman Auction 280 (Amsterdam), 24 September 1984, lot 1655
all lots are illustrated on our website and are subject to extra charges which may be viewed in Ts and Cs 3, 4 and 10 at the back of this catalogue
The Herman Selig Collection (Part IV: Final): Coins of Japan
x 7 KYOHO, silver Cho-Gin [1714-36], 89 x 30mm, 136.29g (NDA 09-65; J] & V G7; KM. 63). Good very fine, scarce £1,000-£1,200 Provenance: Sotheby Auction, 20 March 1986, lot 155
x 8 GENBUN, gold Koban [1736-1818], 66 x 36mm, 13.00g (NDA 09-19; J] & V B105; KM. C22; F 13). Very fine £1,000-£1,200 Provenance: Spink/Taisei Auction 2 (Singapore), 19 February 1987, lot 174
x 9 MEIWA, cast silver 5 Momme [1765-72], 45 x 22mm, 19.23g (INDA 09-46; | & V 11; KM. C10). Minor weakness, otherwise good very fine, scarce £400-£500 Provenance: J.W. Garrett Collection, Part |, NFA/Bank Leu Auction (Beverly Hills), 16-18 May 1984, lot 4
all lots are illustrated on our website and are subject to extra charges which may be viewed in Ts and Cs 3, 4 and 10 at the back of this catalogue
The Herman Selig Collection (Part IV: Final): Coins of Japan
x 10 BUNSEI, gold Koban [1819-28], 60 x 31mm, 13.03g (INDA 09-20; | & V B106; KM. C22a; F 14). Very fine, toned £1,000-£1,200 Provenance: Spink Auction 32, 30 November-1 December 1983, lot 738
x 11 BUNSEI, silver Cho-Gin [1820-37], 95 x 35mm, 191.60g (JNDA 09-67; ] & V G9; KM. C9a). About very fine £300-£400
x 12 BUNSEI, base gold Isshu Kin [1824-32], 12 x 11mm, 1.41g (NDA 09-45; | & V E101; KM. C17; F 36). Good very fine, scarce £200-£260 Provenance: Schulman Auction 280 (Amsterdam), 24 September 1984, lot 1661
x 13 BUNSEI, base gold Isshu Kin [1824-32], 11 x 11mm, 1.45g (NDA 09-45; | & V E101; KM. C17; F 36). Good very fine, scarce £200-£260
all lots are illustrated on our website and are subject to extra charges which may be viewed in Ts and Cs 3, 4 and 10 at the back of this catalogue
The Herman Selig Collection (Part IV: Final): Coins of Japan
x 14 BUNSEI, silver Isshu Gin [1829-37], 16 x 10mm, 2.57g (JNDA 09-49; J & V 1301; KM. C11). About extremely fine £100-£120
x 45 TEMPO, gold Ni-Shu Kin [1832-58], 13 x 7mm, 1.64g (JINDA 09-43; | & V E2; KM. C18; F 34). Good very fine £60-£80 x 16 TEMPO, gold Ni-Shu Kin [1832-58], 14 x 8mm, 1.65g (NDA 09-43; | & V E2; KM. C18; F 34). Good very fine £60-£80 x 17 TEMPO, gold Ni-Shu Kin [1832-58], 13 x 7mm, 1.66g (NDA 09-43; | & V E2; KM. C18; F 34). Good very fine £60-£80
x 18 TEMPO, gold Ni-Shu Kin [1832-58], 13 x 8mm, 1.63g (JNDA 09-43; |] & V E2; KM. C18; F 34). One edge filed, otherwise good very
£50-£70
x 19 TEMPO, gold Goryoban [1837-43], 89 x 51mm, 33.75g (JINDA 09-12; J & V B1; KM. C23; F 8). Surfaces lightly scratched, otherwise
fine
extremely fine, scarce £4,000-£5,000 Provenance: Sotheby Auction, 5-6 October 1989, lot 1039 x 20 TEMPO, silver Ichi-Bu Gin (2) [1837-54], 9.35g, 8.61g (INDA 09-50; J & V 1101; KM. C16) [2]. Good very fine £60-£80
x 21 TEMPO, gold Koban [1837-58], 60 x 32mm, 11.20g (INDA 09-21; J & V B107; KM. C22b; F 15). Some light scratches, otherwise £1,000-£1,200
about extremely fine Provenance: Spink Auction 32, 30 November-1 December 1983, lot 739
all lots are illustrated on our website and are subject to extra charges which may be viewed in Ts and Cs 3, 4 and 10 at the back of this catalogue
The Herman Selig Collection (Part IV: Final): Coins of Japan
x 22 TEMPO, gold Koban [1837-58], 60 x 30mm, 11.18g (INDA 09-21; J & V B107; KM. C22b; F 15). Slightly wavy, some scratches, otherwise about extremely fine £1,000-£1,200 Provenance: T.H. Garrett Collection; J.W. Garrett Collection, Part |, NFA/Bank Leu Auction (Beverly Hills), 16-18 May 1984, lot 13
x 23 TEMPO, gold Oban [1838-60], 158 x 96mm, 165.11g (JINDA 09-9; |] & V A6; KM. C24.2; F 6). Good very fine, rare £20,000-£26,000 Provenance: T.H. Garrett Collection; J.W. Garrett Collection, Part |, NFA/Bank Leu Auction (Beverly Hills), 16-18 May 1984, lot 12
x 24 KAEL, silver Isshu Gin (5) [1853-65] (NDA 09-53; | & V 1302; KM. C12) [5]. Good very fine or better £100-£150
all lots are illustrated on our website and are subject to extra charges which may be viewed in Ts and Cs 3, 4 and 10 at the back of this catalogue
The Herman Selig Collection (Part IV: Final): Coins of Japan
x 25 ANSEI, gold Ni-Bu Ban Kin [1856-60], 22 x 13mm, 5.64g (JINDA 09-27; | & V C3; KM. C21b; F 20). Good very fine = £100-£120
x 26 ANSEI, gold Koban [1859], 56 x 29mm, 8.92g NDA 09-22; | & V B108; KM. C22c; F 16). Good very fine, rare = £3,000-4£4,000
x 27 ANSEL, silver Nisshu Gin [1859], 28 x 17mm, 13.68g (INDA 09-56; | & V 1203; KM. C15). About extremely fine, scarce £600-£800
x 28 ANSEL, base silver Cho-Gin [1859-65], 67 x 28mm, 89.40g (JINDA 09-69; | & V G11; KM. C9c). Very fine £300-£400
all lots are illustrated on our website and are subject to extra charges which may be viewed in Ts and Cs 3, 4 and 10 at the back of this catalogue
The Herman Selig Collection (Part IV: Final): Coins of Japan
x 29 ANSEL, base silver Cho-Gin [1859-65], 98 x 33mm, 168.96g (JNDA 09-69; | & V G11; KM. C9c). Very fine £300-£400 Provenance: J.W. Garrett Collection, Part |, NFA/Bank Leu Auction (Beverly Hills), 16-18 May 1984, lot 5
x 30 ANSEL, silver Ichi-Bu Gin (3) [1859-68], 8.67g, 8.60g, 7.96g (INDA 09-52; | & V 1102; KM. C16a) [3]. Good very fine or better £100-£150
x 31 MANEN, gold Ni-Bu Ban Kin [1860-1], 20 x 12mm, 3.02g NDA 09-28; | & V C4; KM. C21c; F 21). About extremely fine £100-£120
x 32 MANEN, gold Ni-Bu Ban Kin [1860-1], 20 x 12mm, 3.03g (INDA 09-28; | & V C4; KM. C21c; F 21). Good very fine — £80-£100
x 33 MANEN, gold Ni-Bu Ban Kin [1860-1], 20 x 12mm, 3.03g NDA 09-28; | & V C4; KM. C21c; F 21). Very fine £80-£100
all lots are illustrated on our website and are subject to extra charges which may be viewed in Ts and Cs 3, 4 and 10 at the back of this catalogue
The Herman Selig Collection (Part IV: Final): Coins of Japan
34 MANEN, gold Oban [1860-2], 135 x 81mm, 113.21g (INDA 09-11; J & V A7; KM. C24a.2; F 7). Extremely fine = £6,000-£8,000
35 MANEN, gold Koban [1860-7], 36 x 21mm, 3.32g (JINDA 09-23; | & V B109; KM. C22d; F 17). Good very fine £400-£500
all lots are illustrated on our website and are subject to extra charges which may be viewed in Ts and Cs 3, 4 and 10 at the back of this catalogue
The Herman Selig Collection (Part IV: Final): Coins of Japan
x 36 MANEN, gold Koban [1860-7], 37 x 21mm, 3.32g (INDA 09-23; | & V B109; KM. C22d; F 17). Surface flaw on reverse, otherwise good very fine £400-£500
x 37 AKITA, 100 Mon [1862], short-tailed phoenix, 52 x 48mm, 51.79g (JNDA 10; KM. 6.1). Very fine £100-£120
x 38 AKITA, silver 9 Momme 2 Bu [1863], 84 x 57mm, 34.47g (INDA 09-71; J & V p.38; KM. 12). Good very fine £800-£1,000 Provenance: J.W. Garrett Collection, Part |, NFA/Bank Leu Auction (Beverly Hills), 16-18 May 1984, lot 9
all lots are illustrated on our website and are subject to extra charges which may be viewed in Ts and Cs 3, 4 and 10 at the back of this catalogue
The Herman Selig Collection (Part IV: Final): Coins of Japan
39 AKITA, silver 9 Momme 2 Bu [1863], 80 x 55mm, 34.43g (INDA 09-71; | & V p.38; KM. 12). Small edge nick, otherwise good very fine £800-£1,000 Provenance: J. WV. Garrett Collection, Part I, NFA/Bank Leu Auction (Beverly Hills), 16-18 May 1984, lot 10
£400-£500
41 AKITA, silver 4 Momme 6 Bu [1863], 65 x 38mm, 17.22g (NDA 09-72; | & V p.38; KM. 10). Good very fine £400-£500
all lots are illustrated on our website and are subject to extra charges which may be viewed in Ts and Cs 3, 4 and 10 at the back of this catalogue
The Herman Selig Collection (Part IV: Final): Coins of Japan
x 42 AKITA, silver 4 Momme 6 Bu [1863], 66 x 38mm, 17.19g (NDA 09-72; | & V p.38; KM. 10). Very fine £300-£400 Provenance: Bt Simmons Gallery February 1985
x 43 MEIJI, gold Ni-Bu Ban Kin [1868-9], 20 x 13mm, 2.99g (INDA 09-29; | & V C5; KM. C21d; F 22). One edge filed, otherwise good very fine £40-£50
x 44 MEIJI, silver Isshu Gin (6) [1868-9] NDA 09-55; | & V 1303; KM. C12a) [6]. Very fine or better £100-£150
Forgeries and copies
x 45 Fantasy silver Ban-Gin, 41 x 28mm, 30.05g £30-£40
x 46 Fantasy silver Ginban, 77 x 52mm, 37.76g £60-£80
all lots are illustrated on our website and are subject to extra charges which may be viewed in Ts and Cs 3, 4 and 10 at the back of this catalogue
The Herman Selig Collection (Part IV: Final): Coins of Japan
£60-£80
£60-£80
49 Fantasy round gold Koban, 53mm, 16.02g £600-£800
all lots are illustrated on our website and are subject to extra charges which may be viewed in Ts and Cs 3, 4 and 10 at the back of this catalogue
The Herman Selig Collection (Part IV: Final): Coins of Japan
x 50 Fantasy silver Mameita-Gin, 30.812 £30-£40 x 51 Fantasy Mameita-Gin, 23.92g £30-£40 x 52 Fantasy Mameita-Gin, 21.22g £20-£30 x 53 Fantasy or forgery Mameita-Gin (4) £20-£30 x 54 Fantasy silver Tane Sen Gin, 70 x 49mm, 41.32g £60-£80
all lots are illustrated on our website and are subject to extra charges which may be viewed in Ts and Cs 3, 4 and 10 at the back of this catalogue
The Herman Selig Collection (Part IV: Final): Coins of Japan
Numismatic Books
55 Konpo, M., Kingin Zuroku [Ancient Gold and Silver Coins, an illustrated catalogue], Osaka, 1810, 7 parts, fully illustrated, mostly in colour, hand-sewn. A fine set, very rare; contained in a morocco-backed slipcase, spine ribbed and gilt £500-£1,000 Provenance: Spink Auction 47, 10 October 1985, lot 1138
56 LeMay, R., The Coinage of Siam, Bangkok, 1932, viii + 136pp, 32 plates; Jacoss, N., and VerMEULE, C.C., Japanese Coinage, New York,
1972, 151pp, illustrations in text, 1972 valuation sheet tipped-in [2]. Publishers’ bindings £80-£100 Provenance: First ex libris Fred Pridmore, Singapore 1952, with his signature, Spink Auction 47, 10 October 1985, lot 1147, Helmut Cohn, with his bookplate
57 Munro, N.G., Coins of Japan, 1st edn, Yokohama, 1904, xx + 281pp, illustrations in text, 25 tinted plates. Original green cloth, gilt; some text annotations, hinges slightly cracked, otherwise internally fine £100-£150 Provenance: Ex libris Geoffrey Hearn; Spink Auction 47, 10 October 1985, lot 1177; Helmut Cohn, with his bookplate
58 Osuita, B., Fug o sen Kanshiki no tebiki Sho-hen [Guide to the identification of tally currency]; together with other Japanese numismatic titles (2) [3]. Publishers’ bindings £60-£80
59 ScHutman, Hans (New York), The Coin and Primitive Money Collection of the estate of Howard D. Gibbs, Parts I-IV, 6 October-7 April 1971, 1,549 + 1,234 + 1,283 + 966 lots, plates; bound with ScHULMAN, Hans (Los Angeles), The Eduard Kann Collection of Chinese Coins and...H.D. Gibbs Collection, Part V, 18-20 June 1971, 2,458 lots, plates. Red cloth, spine gilt, PRLs for each auction tipped-in; a very fine set £80-£100 Provenance: Ex libris Ray Byrne, with his bookplate; Helmut Cohn, with his bookplate
End of Sale
all lots are illustrated on our website and are subject to extra charges which may be viewed in Ts and Cs 3, 4 and 10 at the back of this catalogue
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COMMISSION FORM
THE HERMAN SELIG COLLECTION (PART IV): COINS OF JAPAN 13 OCTOBER 2022
Please bid on my behalf at the above sale for the following Please ensure your bids comply with the steps outlined below: eS | tei executed as cheaply as is pe ed by othe or any reserve. £100 to £200 by £10
| understand that in the case of a successful bid, a premium of £200 to £500 by £20 24 per cent (plus VAT if delivered or collected within the UK) £500 to £1,000 by £50 will be payable by me on the hammer price of all lots. £1,000 to £2,000 by £100
£2,000 to £5,000 by £200 charges which may be applicable Suey ese Se
, £10,000 to £20,000 by £1,000 £20,000 to £50,000 by £2,000
Please see the Terms and Conditions of Business for any other
Bids of unusual amounts will be rounded down to the bid step below and will not take precedence over a similar bid unless received first.
N@iIE:
All bids placed other than via our website should be received by 4 PM on the day prior to the sale. Although we will endeavour to execute any late bids, Noonans cannot accept responsibility for bids received after that time. It is strongly advised that you use our online Advance Bidding Facility. If you have a valid email address bids may be entered, and amended or cancelled, online at www.noonans.co.uk right up until a lot is offered. You will receive a confirmatory email for all bids and amendments, Bids posted to our office using this form will be entered by our staff using the same Advance Bidding Facility. There is, therefore, no better way of ensuring the accuracy of your advance bids than to place them yourself online.
| confirm that | have read and agree to abide by the Terms and Conditions of Business in the catalogue.
SIGNED
NAME (block capitals) CLIENT CODE
ADDRESS
TELEPHONE EMAIL
If successful, payment can be made in the following ways:
Credit/Debit card online via www.noonans.co.uk
Bank Transfer
Bankers: Lloyds; Address: 39 Piccadilly, London W1] OAA; Sort code: 30-96-64; Account No.: 00622865; Swift Code: LOYDGB2L; IBAN: GB70LOYD30966400622865; BIC: LOYDGB21085
Cheque payable to Noonans
Cash up to a maximum of £5,000
All payments to be made in pounds sterling. Please note payment is due within five working days of the end of the auction.
YOUR BIDS MAY BE PLACED OVERLEAF
NOONANS * 16 BOLTON STREET MAYFAIR LONDON W1J 8BQ « T. 020 7016 1700 »* WWW.NOONANS.CO.UK
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COMMISSION FORM
THE HERMAN SELIG COLLECTION (PART IV): COINS OF JAPAN 13 OCTOBER 2022
If you wish to place a ‘plus one’ bid, please write ‘+1’ next to the relevant bid
LOT NO. £ BID LOT NO. £ BID LOT NO. £ BID
SALEROOM NOTICES: Any Saleroom Notices relevant to this auction are automatically posted on the Lot Description pages on our website. Prospective buyers are strongly advised to consult the site for updates.
SUCCESSFUL BIDS
Should you be a successful bidder you will receive an invoice detailing your purchases. All purchases are sent by registered post unless otherwise instructed, for which a minimum charge of £12.00 (plus VAT if resident in the UK) will be added to your invoice. All payments for purchases must be made in pounds sterling. Please check your bids carefully.
PRICES REALISED The hammer prices bid at the auction are posted on the Internet at www.noonans.co.uk in real time. A full list of prices realised appear on our website as the auction progresses. Telephone enquiries are welcome from 9 AM the following day.
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FORTHCOMING AUCTION OF
ANGLO-SAXON & NORMAN COINS FROM THE ROYAL BERKSHIRE COLLECTION THURSDAY 13 OCTOBER 2022 AT 12 NOON
ALL ENQUIRIES PLEASE CONTACT TIM. WILKES ON 020 7016 1700 OR. EMAIL. COINS@NOONANS.CO.UK
LOT 111: ALFRED THE GREAT (871-99) PENNY ESTIMATE: ££6,000—£8,000
16 BOLTON STREET MAYFAIR LONDON W1J 8BQ T. 020 7016 1700
TERMS AND CONDITIONS OF BUSINESS
CONDITIONS MAINLY CONCERNING BUYERS
1 The buyer
The highest bidder shall be the buyer at the ‘hammer price’ and any dispute shall be settled at the auctioneer’s absolute discretion. Every bidder shall be deemed to act as principal unless there is in force a written acknowledgement by Noonans Auctions Ltd. (“Noonans”) that he acts as agent on behalf of a named principal. Bids will be executed in the order that they are received.
2 Minimum increment
The auctioneer shall have the right to refuse any bid which does not conform to Noonans’ published bidding increments which may be found at noonans.co.uk and in the bidding form included with the auction catalogue.
3 The premium
The buyer shall pay to Noonans a premium of 24% on the ‘hammer price’ and agrees that Noonans, when acting as agent for the seller, may also receive commission from the seller in accordance with Condition 16.
4 Value Added Tax (VAT)
The buyers’ premium is subject to the current rate of Value Added Tax if the lot is delivered to or collected by the purchaser within the UK.
Lots marked ‘X’ are subject to importation VAT of 5% on the hammer price unless re-exported outside the UK, as per the conditions below.
Buyers who wish to hand carry their lots to export them from the UK will be charged VAT at the prevailing rate and importation VAT (where applicable) and will not be able to claim a VAT refund.
Buyers will only be able to secure a VAT free invoice and/or VAT refund if the goods are exported by Noonans or a pre-approved commercial shipper. Where the buyer instructs a pre-approved commercial shipper, proof of correct export out of the UK must be provided to Noonans by the buyer within 30 days of export and no later than 90 days from the date of the sale. Refunds are subject to a £50 administrative fee.
5. Artist’s Resale Rights (Droit de Suite)
Lots marked ARR in the catalogue indicate lots that may be subject to this royalty payment.
The royalty will be charged to the buyer on the ‘hammer price’ and is in addition to the buyers’ premium. Royalties are charged on a sliding percentage scale as shown below but do not apply to lots where the hammer price is less than 1000 euros. The payment is calculated on the rate of exchange at the European Central Bank on the date of the sale.
All royalty charges are paid in full to The Design and Artists Copyright Society (DACS).
Portion of the hammer price Royalties From 0 to €50,000 4% From €50,000.01 to €200,000 3% From €200,000.01 to €350,000 1% From €350,000.01 to €500,000 0.5% Exceeding €500,000 0.25% 6 Payment
When a lot is sold the buyer shall:
(a) confirm to Noonans his or her name and address and, if so requested, give proof of
identity; and
(b) pay to Noonans the ‘total amount due’ in pounds sterling within five working days of the end of the sale (unless credit terms have been agreed with Noonans before the auction). Please note that we will not accept cash payments in excess of £5,000 (five thousand pounds) in settlement for purchases made at any one auction.
7 Noonans may, at its absolute discretion, agree credit terms with the buyer before an auction under which the buyer will be entitled to take possession of lots purchased up to an agreed amount in value in advance of payment by a determined future date of the ‘total amount due’.
8 Any payments by a buyer to Noonans may be applied by Noonans towards any sums owing from that buyer to Noonans on any account whatever, without regard to any directions of the buyer, his or her agent, whether expressed or implied.
9 Collection of purchases
The ownership of the lot(s) purchased shall not pass to the buyer until he or she has made payment in full to Noonans of the ‘total amount due’ in pounds sterling.
10 (a) The buyer shall at his or her own expense take away the lot(s) purchased not later than
5 working days after the day of the auction but (unless credit terms have been agreed in accordance with Condition 7) not before payment to Noonans of the ‘total amount due’.
(b) The buyer shall be responsible for any
removal, storage and insurance charges on any
lot not taken away within 5 working days after
the day of the auction.
(c) The packing and handling of purchased lots by Noonans staff is undertaken solely as a courtesy to clients and, in the case of fragile articles, will be undertaken only at Noonans’ discretion. In no event will Noonans be liable for damage to glass or frames, regardless of the cause. Bulky lots or
sharp implements, etc., may not be suitable for in-house shipping.
11 Buyers’ responsibilities for lots purchased
The buyer will be responsible for loss or damage to lots purchased from the time of collection or the expiry of 5 working days after the day of the auction, whichever is the sooner. Neither Noonans nor its servants or agents shall thereafter be responsible for any loss or damage of any kind, whether caused by negligence or otherwise, while any lot is in its custody or under its control.
Loss and damage warranty cover at the rate of 1.5% will be applied to any lots despatched by Noonans to destinations outside the UK, unless specifically instructed otherwise by the consignee.
12 Remedies for non-payment or failure to collect purchase
If any lot is not paid for in full and taken away in accordance with Conditions 6 and 10, or if there is any other breach of either of those Conditions, Noonans as agent of the seller shall, at its absolute discretion and without prejudice to any other rights it may have, be entitled to exercise one or more of the following rights and remedies:
(a) to proceed against the buyer for damages for breach of contract.
(b) to rescind the sale of that or any other lots sold to the defaulting buyer at the same or any other auction.
(c) to re-sell the lot or cause it to be re-sold by public auction or private sale and the defaulting buyer shall pay to Noonans any resulting deficiency in the ‘total amount due’ (after deduction of any part payment and addition of re-sale costs) and any surplus shall belong to the seller.
(d) to remove, store and insure the lot at the expense of the defaulting buyer and, in the case of storage, either at Noonans’ premises or elsewhere. (e) to charge interest at a rate not exceeding
2 percent per month on the ‘total amount due’ to the extent it remains unpaid for more than
5 working days after the day of the auction.
(f) to retain that or any other lot sold to the
same buyer at the sale or any other auction
and release it only after payment of the ‘total amount due’.
(g) to reject or ignore any bids made by or on behalf of the defaulting buyer at any future auctions or obtaining a deposit before accepting any bids in future.
(h) to apply any proceeds of sale then due or at any time thereafter becoming due to the defaulting buyer towards settlement of the ‘total amount due’ and to exercise a lien on any property of the defaulting buyer which is in Noonans’ possession for any purpose.
13 Liability of Noonans and sellers
(a) Goods auctioned are usually of some age.
All goods are sold with all faults and imperfections and errors of description. Illustrations in catalogues are for identification only. Buyers should satisfy themselves prior to the sale as to the condition of each lot and should exercise and rely on their own judgement as to whether the lot accords with its description. Subject to the obligations accepted by Noonans under this Condition, none of the seller, Noonans, its servants or agents is responsible for errors of descriptions or for the genuineness or authenticity of any lot. No warranty whatever is given by Noonans, its servants or agents, or any seller to any buyer in respect of any lot and any express or implied conditions or warranties are hereby excluded.
(b) Any lot which proves to be a ‘deliberate forgery’ may be returned by the buyer to Noonans within 15 days of the date of the auction in the same condition in which it was at the time of the auction, accompanied by a statement of defects, the number of the lot, and the date of the auction at which it was purchased. If Noonans is satisfied that the item is a ‘deliberate forgery’ and that the buyer has and is able to transfer a good and marketable title to the lot free from any third party claims, the sale will be set aside and any amount paid in respect of the lot will be refunded, provided that the buyer shall have no rights under this Condition if:
(i) the description in the catalogue at the date of the sale was in accordance with the then generally accepted opinion of scholars and experts or fairly indicated that there was a conflict of such opinion; or (ii) the only method of establishing at the date of
publication of the catalogue that the lot was a ‘deliberate forgery’ was by means of scientific processes not generally accepted for use until after publication of the catalogue or a process which was unreasonably expensive or impractical.
(c) A buyer's claim under this Condition shall
be limited to any amount paid in respect of the
lot and shall not extend to any loss or damage suffered or expense incurred by him or her.
(d) The benefit of the Condition shall not be assignable and shall rest solely and exclusively in the buyer who, for the purpose of this condition, shall be and only be the person to whom the original invoice is made out by Noonans in respect of the lot sold.
CONDITIONS MAINLY CONCERNING SELLERS AND CONSIGNORS
14 Warranty of title and availability
The seller warrants to Noonans and to the buyer that he or she is the true owner of the property or is properly authorised to sell the property by the true owner and is able to transfer good and marketable title to the property free from any third party claims. The seller will indemnify Noonans, its servants and agents and the buyer against any loss or damage suffered by either in consequence of any breach on the part of the seller.
15 Reserves
The seller shall be entitled to place, prior to the first day of the auction, a reserve at or below the low estimate on any lot provided that the low estimate is more than £100. Such reserve being the minimum ‘hammer price’ at which that lot may be treated as sold. A reserve once placed by the seller shall not be changed without the consent of Noonans. Noonans may at their option sell at a ‘hammer price’ below the reserve but in any such cases the sale proceeds to which the seller is entitled shall be the same as they would have been had the sale been at the reserve. Where a reserve has been placed, only the auctioneer may bid on behalf of the seller.
16 Authority to deduct commission and expenses The seller authorises Noonans to deduct commission at the ‘stated rate’ and ‘expenses’ from the ‘hammer price’ and acknowledges Noonans’ right to retain the premium payable by the buyer.
17 Rescission of sale
If before Noonans remit the ‘sale proceeds’ to the seller, the buyer makes a claim to rescind the sale that is appropriate and Noonans is of the opinion that the claim is justified, Noonans is authorised to rescind the sale and refund to the buyer any amount paid to Noonans in respect of the lot.
18 Payment of sale proceeds
Noonans shall remit the ‘sale proceeds’ to the seller 35 days after the auction, but if by that date Noonans has not received the ‘total amount due’ from the buyer then Noonans will remit the sale proceeds within five working days after the date on which the ‘total amount due’ is received from the buyer. If credit terms have been agreed between Noonans and the buyer, Noonans shall remit to the seller the sale proceeds 35 days after the auction unless otherwise agreed by the seller.
19 If the buyer fails to pay to Noonans the ‘total amount due’ within 3 weeks after the auction, Noonans will endeavour to notify the seller and
take the seller's instructions as to the appropriate course of action and, so far as in Noonans’ opinion is practicable, will assist the seller to recover the ‘total amount due’ from the buyer. If circumstances do not permit Noonans to take instructions from the seller, the seller authorises Noonans at the seller’s expense to agree special terms for payment of the ‘total amount due’, to remove, store and insure the lot sold, to settle claims made by or against the buyer on such terms as Noonans shall in its absolute discretion think fit, to take such steps as are necessary to collect monies due by the buyer to the seller and if necessary to rescind the sale and refund money to the buyer if appropriate.
20 If, notwithstanding that, the buyer fails to pay to Noonans the ‘total amount due’ within three weeks after the auction and Noonans remits the ‘sale proceeds’ to the seller, the ownership of the lot shall pass to Noonans.
21 Charges for withdrawn lots
Where a seller cancels instructions for sale, Noonans reserve the right to charge a fee of 15% of Noonans’ then latest middle estimate of the auction price of the property withdrawn, together with Value Added Tax thereon if the seller is resident in the UK, and ‘expenses’ incurred in relation to the property.
22 Rights to photographs