Sergei Anufriev Emblems of Moidodyr (Wash’em’clean) 1995 Ink, bronze on paper. 42 х 30 cm Signed

Maxim Boxer & Co Limited 

Terms and Conditions for Sale - Bidders 
These Terms and Conditions for Sale (T&C’s) are the terms and conditions upon which any bidder(s) and/or buyer(s) of a Lot shall be bound. Please read these T&C’s carefully before you place a bid on any auction sale. 
By placing any bid and/or making any purchase of a Lot, you agree to be bound by these terms and conditions. Any bidder is deemed to be acting on his/her own behalf unless prior written notification is given by the bidder to inform Us that the bidder acts as an agent on behalf of a third party and we giving written consent. 
References to any bidder(s) and/or buyer(s) shall be either “Bidder(s)”, “Buyer(s)” or “You”. 

1. Information about us 

Maxim Boxer & Co Limited is a company incorporated and registered in England and Wales, under company number 08935301 (“MBCL”, “Us”, “Our” or “We”). 
MBCL acts only as auctioneers and/or agents for the Seller of any Lot. 
MBCL shall issue reports about the conditions of Lots from time to time on request. 

2. Pre-Auction Administration 

2.1 Prior to attending an auction, You should notify Our Bid Office at bidding@maximboxer.com with your name, contact details and bank references. 
2.2 Upon arrival at the auction, We may ask You for identification, and reserve the right to refuse admission on reasonable grounds. 

3. The Auction 

3.1 Any Lot may be examined, inspected and generally viewed during the exhibition, before an auction takes place. 
3.2 MBCL may use video technology, to facilitate the presentation of the items during the sales. 
3.3 Descriptions, opinions or information on the condition of any Lot may be found in: 
(a) the catalogue; 
(b) the report; 
(c) the labels; and 
(d) speaking with any of the MBCL staff or MBCL announcements at the exhibition. 

4. Bidding 

4.1 Bidding will normally take place at the auction of MBCL at Erarta Gallery London, 8 Berkeley Street, Mayfair, London, UK, W1J 8DN 
4.2 Without prejudice to any other rights set out in these T&C’s, MBCL has absolute discretion without giving any reason to refuse any bid, to withdraw any Lot before the hammer falls, to divide any Lot, to combine any two or more Lots, or to withdraw any Lot and/or Lots from the auction. We are not bound to accept any offer.
4.3 Bidding shall be done by way of a nod, waive of a hand or gesture. 
4.4 We shall accept to execute orders to bid which will have been submitted before the sale and by Us which have been deemed acceptable. 
4.5 The successful Bidder shall be the Bidder who makes the highest bid provided that the final bid is equal to or higher than the reserve price if such a reserve price has been stipulated. 
4.6 Where such reserve price is stipulated by the Seller, MBCL shall reserve the right to bid on behalf of the Seller until such reserve price is reached, such reserve price to be no higher than the low estimate for the Lot printed in the Catalogue. 
4.7 In the event two bidders have placed bids orally or by means of a waiver of a hand or gesture, or by telephone for the same amount, at the end of the bidding, the Lot will immediately be offered again for sale at an opening bid of the previous last bid, and all those attending will be entitled to bid again. 
4.8 We shall conduct auction sales at Our discretion, and in accordance with established practices. We reserve the right to refuse any bid, to organise the bidding in such manner as may be the most appropriate, to move some Lots in the course of the sale, to withdraw any Lot in the course of the sale, to combine or to divide some Lots in the course of the sale. In the event of a challenge or dispute, We reserve the right to either nominate the successful bidder, or to continue the bidding or to cancel it, or to put the Lot back up for bidding. 
Telephone Bidding 
4.9 At Our sole discretion, bids may be taken via telephone on a telephone number, provided You notify Us in writing before the auction. 
4.10 Where a Bid is placed via telephone, We will bear no liability or responsibility whatsoever, where: 
4.10.1 You do not make telephone contact; 
4.10.2 if it is made too late; and/or 
4.10.3 mistakes or omissions are made due to bad reception of the telephone. 
4.11 We reserve the right to record all the telephone communications during the auction. Such records shall be kept until the complete payment of the auction price, save in the event of claims. 
Online Bidding 
4.12 Online Bidding 
Maxim Boxer & Co Ltd offer an online bidding service via the-saleroom.com for bidders who cannot attend the sale. In completing the bidder registration on www.the-saleroom.com and providing your credit card details and unless alternative arrangements are agreed with Maxim Boxer & Co Ltd: 
- authorise Maxim Boxer & Co Ltd , if they so wish, to charge the credit card given in part or full payment, including all fees, for items successfully purchased in the auction via the-saleroom.com, and 

- confirm that you are authorised to provide these credit card details to Maxim Boxer & Co Ltd through www.the-saleroom.com and agree that Maxim Boxer & Co Ltd are entitled to ship the goods to the card holder name and card holder address provided in fulfilment of the sale. 

Please note that any lots purchased via the-saleroom.com live auction service will be subject to an additional 3% commission charge + VAT at the rate imposed on the hammer price 

5. Sale 

5.1 The contract of sale between the Seller and You will be formed once the Hammer Price has been achieved, and the pronouncing of the word “sold”, at which point the Lot shall be deemed sold subject to the provisions of paragraph 6. 
5.2 Where more than one bid is made for the same amount, it is the instruction to bid first which shall be given preference. 

6. Payment 

6.1 Upon a Sale being made by the Seller to the Buyer in accordance with paragraph 5.1 above, the Buyer shall pay to Us the following: 
(a) the Lot Hammer Price; 
(b) the Buyers Premium; and:- 
(c) VAT on import (if any). 
6.2 Payment may be made in the following way: 
(a) in cash, up to a sum of £3,000, subject to identification documents being presented and MBCL being satisfied as to Your identification; 
(b) by bank transfer to our Designated Bank Account. 
6.3 MBCL may invoice You for any additional costs incurred, including costs of storage of the Lot, and if applicable, the costs of handling and transport. 
6.4 Payment shall only be made in Pounds Sterling (GBP). No Bidding shall be made in foreign currency. 
6.5 In the event You, after due notice, fail to pay the amount due, the Seller may request that the Lot is re-offered for sale. If the Seller does not make this request within a month from the date of the sale, the sale will be automatically cancelled, without prejudice to the Seller claiming damages from You. In addition, We reserve the right to claim from You in the event of default, at their option: 
- interest at the rate of 5% above the Commercial Banks lending rate; 
- the reimbursement of additional costs incurred by Us or the Seller; and 
- the payment of the difference between the initial hammer price and the price of next sale if it is less, including the costs generated by the new auction. We also reserve the right to set off any amount We may owe You with the amounts to be paid by You. We reserve the right to exclude You from any future auction. 

7. Delivery 

7.1 No Lot shall be delivered to You until full payment has been made to Us in accordance with paragraph 6.1 above. 
7.2 Title of the Lot shall not pass to You until We receive payment in full (in cash or cleared funds) for the Lot in respect of which payment has become due, in which case the title to the Lot shall pass at the time of payment of all such sums. 
7.3 You shall collect the Lot from Us (Delivery Location) within 5 Business Days of the Us notifying You that payment of the Price has been received and paid fully. 
7.4 Delivery of the Lot shall be completed on the completion of loading of the Lot at the Delivery Location (Delivery). 
7.5 The risk in the Lot shall pass to the Customer on completion of Delivery. 
7.4 Any dates quoted for delivery are approximate only, and the time of delivery is not of the essence. 
7.5 If We fail to deliver the Lot in accordance with paragraph 7.3 above, Our liability is limited to the actual reasonable costs and expenses incurred by You, for which suitable proof needs to be exhibited. The provisions of paragraph 11.7 shall apply. 
7.6 If You fail to take delivery of the Lot within 5 Business Days of Us notifying You that the Lot is ready, then, except where such failure or delay is caused by a Force Majeure Event or Our failure to comply with Our obligations under these T&C’s: 
(a) delivery of the Lot shall be deemed to have been completed at 9.00 am on the 5 Business Day after the day on which We notify You that the Lot is ready; and 
(b) We shall store the Lot until delivery takes place, and charge You for all related costs and expenses (including insurance). 
7.7 For items purchased which are not collected within 5 days from after the sale (Saturdays, Sundays and public holidays included), We will move them into a storage place at Your expense, and will release them to You after payment of corresponding costs, in addition to the price, costs and taxes, outstanding. 

8. Force Majeure 

Neither party shall be in breach of this agreement nor be liable for delay in performing, or failing to perform, any of its obligations under this agreement if such delay or failure result from events, circumstances or causes beyond its reasonable control (“Force Majeure Event”). In such circumstances the affected party shall be entitled to a reasonable extension of the time for performing such obligations. If the period of delay or non-performance continues for 2 months, the party not affected may terminate this agreement by giving 14 days' written notice to the affected party. 

9. Data Protection 

9.1 Where You have provided Us with any personal information about you in accordance with paragraph 2.1 or any other time during the exhibition or auction, we shall only use it in accordance with the terms of our Privacy Policy (subject to any additional specific consent(s) you may have given at the time your information was 


disclosed). A copy of our Privacy Policy can be found on our website www.maximboxer.com or requested via email from info@maximboxer.com. 

9.2 MBCL will be authorised to reproduce in the official sale record and on the bid summary the information that You will have provided before the auction in accordance with paragraph 2. You will be responsible for any false information given. Should You neglect to give Your personal information before the auction, You will be required to give Us the necessary information as soon as the auction has taken place. Any person having been recorded by MBCL has a right of access and of rectification to the nominative data provided to Us. 

10 Copyright 

10.1 The copyright in any and all parts of the catalogue is the property of MBCL. Any reproduction thereof is forbidden and will be considered as a breach of copyright. 

10.2 MBCL have permission to reproduce the Lots for auction sale in Our catalogue, even though the copyright protection on an item has not lapsed. The sale of a work of art does not transfer to You any reproduction or representation rights thereof. 

11 Forgeries 

11.1 In the event of a forgery, the terms set out in this paragraph shall apply. 
11.2 In order for You to be eligible to claim that a Lot is a forgery:- 
11.2.1 You must be the person as appears on the original invoice raised by Us in respect of the Lot; 
11.2.2 there must not be any outstanding amount due in respect of such invoice; and 
11.2.3 You must notify us in writing immediately upon becoming aware that the Lot is or may be a forgery. 
11.3 Following such notification in accordance with paragraph 11.2.3, and upon receipt of written reply from MBCL, within one month, You must return the Lot to us in the same condition as it was at the time of the Sale, accompanied by written evidence that the Lot is a forgery and details of the Sale and Lot number sufficient to identify the Lot. 
11.4 You have one year from the date of the Sale, to notify us in accordance with paragraph 11.2.3 above, failing which Your right to make a claim hereunder lapses. 
11.5 Any claim that a Lot is a forgery will not apply where: 
11.5.1 the entry in relation to the Lot contained in the Catalogue reflected the then accepted general opinion of scholars and experts or fairly indicated that 
there was a conflict of such opinion or reflected the then current opinion of an expert acknowledged 
to be a leading expert in the relevant field; or 
11.5.2 it is alleged that the Lot is a forgery only by means of a process not generally accepted for use until after the date on which the Catalogue was published or by means of a process which it was unreasonable in all the circumstances for Us to have employed. 
11.6 You authorise Us to carry out such processes and tests on the Lot as We in Our absolute discretion consider necessary to satisfy ourselves that the Lot is or is not a forgery. 
11.7 If We are satisfied that a Lot is a forgery we will (as principal) purchase the Lot from You and You will transfer the title to the Lot in question to us, with full title guarantee, free from any liens, charges, encumbrances and adverse claims, in accordance with the provisions of Sections 12(1) and 12(2) of the Sale of Goods Act 1979 and in the same condition as it was at the time of the Sale and We will pay to You an amount equal to the purchase price paid by You in respect of the Lot. 
11.8 The benefit of this paragraph 11 is personal to and not assignable by You. In the event You sell or otherwise dispose of Your interest in the Lot, all rights and benefits under this paragraph will cease. 
11.9 MBCL will not be liable and open for any claims after expiration of 5 years from the date of sale. 

12 Limitation of Liability 

12.1 Description of the Lots resulting from the Catalogue, the reports, the labels and the verbal statements or announcements are only the expression or opinion of MBCL of Our perception of the Lot, and cannot constitute the proof of such fact. 
12.2 The statements by made MBCL about any restoration, mishap or harm arisen concerning the Lot are only made to facilitate the inspection thereof by the prospective Buyer and remain subject to Your own or Your expert’s appreciation. The absence of any statements relating to a restoration, mishap or harm, whether made in the catalogue, condition reports, on labels or orally, does not imply that the item is exempt from any current, past or repaired defect. In addition, the indication of any defect whatsoever does not imply the absence of any other defects. 
12.3 Estimate prices provided before the auction are provided for guidance only and cannot be considered as implying that the Lot will be sold for the estimated price. Estimates cannot constitute any warranty assurance whatsoever. 
12.4 MBCL shall not be liable/responsible in the event of mistakes or omission of performance of the Auction Order. 
12.5 MBCL will not be liable whether in negligence, tort, breach of contract or statutory duty or in restitution or under the Misrepresentation Act 1967 or in any other way for lack of conformity with or any inaccuracy, error, mis-description or omission in any description of the Lot or any Entry or estimate in respect of it, made by us or on our behalf or by or on behalf of the Seller (whether made in writing, including in the Catalogue, or on Our website, or orally, or by conduct or otherwise) and whether made before or after the sale or prior to or during the auction. 
12.6 Our duty to you while the Lot is at Your risk and/or Your property and in our custody and/or control is to exercise reasonable care in relation to it, but we will not be responsible for damage to the Lot or to other persons or things caused by handling the Lot if it was affected at the time of auction to you by woodworm and any damage is caused as a result of it being affected by woodworm or any other such malady; or changes in atmospheric pressure; nor will we will be liable for damage to tension stringed musical instruments; or damage to gilded picture frames, plaster picture frames or picture frame glass; and if the Lot is or becomes dangerous, we may dispose of it without notice to you in advance in any manner we think fit and we will be under no liability to you for doing so. 
12.7 We will not be liable to You for any loss of business, business profits, revenue or income or for loss of business reputation or for disruption to business or wasted time on the part of the Buyer’s management or staff or, if You are buying the Lot in the course of a Business, for any indirect losses or consequential damages of any kind, irrespective in any case of the nature, volume or source of the loss or damage alleged to be suffered, and irrespective of whether the said loss or damage is caused by or claimed in respect of any negligence, other tort, breach of contract, statutory duty, bailee’s duty, a restitutionary claim or otherwise. 
12.8 In any event our liability will be limited to payment of a sum which will not exceed by way of maximum the amount of the Auction Price of the Lot. 
12.9 Should any error occur in operation of the video technology in accordance with paragraph 3.2, which may lead to show an item during the bidding which is not the one on which the bids have been made, MBCL shall bear no liability/responsibility whatsoever, and will have sole discretion to decide whether or not the bidding will take place again. 

13 General 

13.1 Assignment and other dealings 
We may at any time assign, transfer or deal in any other manner with all or any of Our rights or obligations under these T&C’s. You may not assign, transfer, declare a trust over or deal in any other manner with any or all of Your rights or obligations under these T&C’s without Our prior written consent. 
13.2 Notices 
Any notice or other communication given to a party under or in connection with these T&C’s shall be in writing, addressed to that party at its registered office (if it is a company) or its principal place of business (in any other case) or such other address as that party may have specified to the other party in writing in accordance with this paragraph, and shall be delivered personally, sent by pre-paid first class post or other next working day delivery service, commercial courier, fax or e-mail. 
13.3 Severance 
If any provision or part-provision of these T&C’s is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this paragraph shall not affect the validity and enforceability of the rest of these T&C’s. 
13.4 Waiver 
A waiver of any right or remedy under these T&C’s or law is only effective if given in writing and shall not be deemed a waiver of any subsequent breach or default. No failure or delay by a party to exercise any right or remedy provided under these T&C’s or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy. 
Third party rights. A person who is not a party to these T&C’s shall not have any rights to enforce its terms. 
13.5 Governing law 
These T&C’s and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with the laws of England and Wales. 
13.6 Jurisdiction 
Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these T&C’s or its subject matter or formation (including non-contractual disputes or claims). 

14 Definitions 

In these T&C’s, the following definitions apply: 
“Auctioneer” a member of MBCL who acts as the auctioneer at the auction. 
“Auction Order” the Buyer’s order for the Lot, as set out in form provided by MBCL. 
“Auction Price” the bid price accepted by the Auctioneer. 
“Bidder” the person or company placing a bid at the auction. 
“Business Days” a day (other than Saturday, Sunday or public holiday) when banks in London are open for business. 
“Buyer” the person or company who makes the highest bid accepted by the Auctioneer whether on the fall of the hammer (when the Hammer Price is achieved) and purchases the Lot from the Seller. 
“Buyers Premium” means MBCL’s commission calculated according to the following percentages of the Hammer Price: 
• From £1 to £30,000: 20% plus applicable VAT; 
• From £30,001 to £1 000,000: 15% plus applicable VAT; and 
• Over £1,000,001: 10% plus applicable VAT; 
“Hammer Price” the highest bid accepted by MBCL. 
“Lots” the goods (or any part of them) set out in the Auction Order. 
“Sale” the sale of the Lot contemplated in these T&C’s. 
“Seller” includes any prospective seller of a Lot save where the context otherwise requires. 
“VAT” means Value Added Tax.