Lot

294

*The Superb Triple Sea Gallantry (Foreign Services) Group of 3 awarded to Patrão Joaquim Lopes, an

In War Medals, Orders and Decorations

This auction is live! You need to be registered and approved to bid at this auction.
You have been outbid. For the best chance of winning, increase your maximum bid.
Your bid or registration is pending approval with the auctioneer. Please check your email account for more details.
Unfortunately, your registration has been declined by the auctioneer. You can contact the auctioneer on +44 (0)20 7493 5344 for more information.
You are the current highest bidder! To be sure to win, log in for the live auction broadcast on or increase your max bid.
Leave a bid now! Your registration has been successful.
Sorry, bidding has ended on this item. We have thousands of new lots everyday, start a new search.
Bidding on this auction has not started. Please register now so you are approved to bid when auction starts.
1/4
*The Superb Triple Sea Gallantry (Foreign Services) Group of 3 awarded to Patrão Joaquim Lopes, an - Image 1 of 4
*The Superb Triple Sea Gallantry (Foreign Services) Group of 3 awarded to Patrão Joaquim Lopes, an - Image 2 of 4
*The Superb Triple Sea Gallantry (Foreign Services) Group of 3 awarded to Patrão Joaquim Lopes, an - Image 3 of 4
*The Superb Triple Sea Gallantry (Foreign Services) Group of 3 awarded to Patrão Joaquim Lopes, an - Image 4 of 4
*The Superb Triple Sea Gallantry (Foreign Services) Group of 3 awarded to Patrão Joaquim Lopes, an - Image 1 of 4
*The Superb Triple Sea Gallantry (Foreign Services) Group of 3 awarded to Patrão Joaquim Lopes, an - Image 2 of 4
*The Superb Triple Sea Gallantry (Foreign Services) Group of 3 awarded to Patrão Joaquim Lopes, an - Image 3 of 4
*The Superb Triple Sea Gallantry (Foreign Services) Group of 3 awarded to Patrão Joaquim Lopes, an - Image 4 of 4
Interested in the price of this lot?
Subscribe to the price guide
London
*The Superb Triple Sea Gallantry (Foreign Services) Group of 3 awarded to Patrão Joaquim Lopes, an Honorary Officer in the Portuguese Navy and one of the most important life-saving figures in the Portuguese history. He became something of a national hero through a series of famous life-saving incidents off the coast of Portugal near Lisbon in the 19th century, including saving lives from the crews of 3 British ships. King Luis I of Portugal visited his home to personally thank him after one life saving incident, and he latterly returned his 3 British awards to the Government in London in protest against the British Ultimatum to Portugal in 1890 concerning expansion in Colonial Africa, comprising: Sea Gallantry Medal (Foreign Services), V.R, small size in gold (Joaquim Lopes), reverse inscribed ‘For Gallant and Humane Service to the crew of the Schooner British Queen. 1858.’; Sea Gallantry Medal (Foreign Services), V.R, small size in gold (Lieut: Joaquim Lopes. 1880), reverse inscribed ‘For Gallantry and Humanity’; Sea Gallantry Medal (Foreign Services), V.R, small size in silver (Joaquim Lopes. 1856.), reverse inscribed ‘For Saving the lives of British Subjects’; Medals swing mounted on relatively modern bar and offered with one red box of issue by ‘J. Spilling’ of London (hinge broken), light contact marks and once lightly polished, otherwise toned good very fine to extremely fine, with some lustre. Joaquim Lopes was born in the Portuguese town of Olhão on 19 August 1798, the son of a fisherman. He started his own career as a fisherman at the age of 10, working with his father, and at that age he was already capable of jumping from the boat, bringing in the sails, climbing the masts and spreading the nets. At the age of 18 he moved to Gibraltar and also to the Algarve, but returned to the Lisbon area of Paço des Arcos at the age of 22. The sea in this area was well-known for its treacherous currents, caused by the confluence of the Oeiras and Tagus rivers and the presence of the Atlantic Ocean, and no doubt Joaquim Lopes had an intimate knowledge of the waters around Lisbon and the Portuguese coast. He joined a local ‘falua’ as a rower, and soon became recognized as the most skilled man in the boat despite his age. As recorded in the article ‘Patrão Lopes, our Hero’ by Carolina Sa Bandeira, his first rescue took place in 1823, when he saved the lives of a local man and his child as they attempted to cross a river despite its strong current, with both falling in. He successfully saved both in two attempts, and was celebrated in the local town. During his long career as a live-saver and seaman, Joaquim Lopes rescued many sailors from certain death including the crew of three British ships, one of which was the schooner Howard Primrose, the French vessel Stephanie, the Spanish brigandine Achilles and numerous local Portuguese boats. It is worth noting that no formal life-saving service existed at this time, and that such work was provided on a local, volunteer basis. The wreck of the first British vessel – the schooner ‘Howard Primrose’ is not recorded by British sources, but Portuguese records confirm that it took place in February 1856. An alarm was sounded by the Forts of São Julião and São Bugio, and Lopes and some other volunteers quickly launched a boat to rescue the ship’s crew. After some 6 hours of rowing and battling with the heavy swell and wind, the lifeboat returned to port at Paço des Arcos without having been able to reach the stricken vessel. The decision was then taken to return once again, but this time in a more maneuverable fishing vessel, and as a result the lives of the British Captain and 5 other members of the crew. For this Lopes was awarded the Sea Gallantry Medal (Foreign Services) in silver, as well as some gold sovereigns to share with the crew. The second incident concerned the wreck of the schooner ‘British Queen’ on 24 February 1858. This vessel had become wrecked upon the south bank, west of the Bugio Fort, South Bar of Lisbon, where Lopes (as Master), Joaquim Pedro (also a Master) and Carlos Augusto (Crewman) assisted in the saving of the lives of William Bell and Peter O’Connor of the British ship - who were rescued from ‘immediate peril, in a gale of wind and a heavy rolling sea’. For this, Lieutenant Lopes was awarded the Sea Gallantry Medal (Foreign Services) in gold. The third related to the wreck of the barquentine ‘Lucy’ of Brixham, Devon, which was wrecked upon rocks near Bujio Laho on 17 February 1880 as it attempted to enter Lisbon Harbour. A lifeboat was sent out once again under the command of Joaquim Lopes, now at the advanced age of 82 years old, who displayed ‘remarkable coolness and courage’ throughout (The Sea Gallantry Medal by Scarlett refers), and effected the safe recovery of the British crew who had been in ‘extreme peril’. For this incident one gold medal and 11 silver were issued to Lopes and his crew. Also of note was his participation in the rescue of the crew of the yacht Admiral in 1862. Lopes and his companions saved the entire crew of this vessel which had ‘shattered’ in a thunderstorm, and for this King Luis made a visit in person to Joaquim Lopes’ humble home. When asked how many lives Lopes had saved, he answered: “I counted up to three hundred. But after that I lost count!” As a result he was awarded the Portuguese Order of the Tower and Sword chain by King Luis for courage, loyalty and merit in 1866. Many other countries including France, Spain and Britain also bestowed awards on Joaquim Lopes for his life-saving work - receiving a reported 11 medals in total. Some years later in 1890, Patrão (or Captain) Joaquim Lopes returned his British awards to the government in London in protest against the 1890 British Ultimatum. This ultimatum was seen as being in breach of the Treaty of Windsor of 1386, as it forced the retreat of Portuguese military forces in Africa between the Portuguese colonies of Angola and Mozambique (most of present-day Zimbabwe and Zambia), which were claimed by Portugal but which directly clashed with British aspirations of creating a Cape to Cairo Railway. When Portugal eventually gave in to British demands, it was seen as a national humiliation and serious insult against Portugal - Britain’s oldest ally. Violent protests duly followed in Lisbon and the Union flag was publicly burnt, and clearly Patrão Lopes felt that he could not wear his British medals in good conscience as a result. As Joaquim Lopes grew older he became unable to take to sea, but he reportedly remained on watch outside his house for hours on end, making sure all was well on his ‘patch’ of the coast. Never a rich man, he always made a point of sharing any money for his rescues with his poorer colleagues. Joaquim Lopes died at the age of 92 on 21 December 1890, and a funeral cortege of ships took him along the Tagus River to São Roque for his funeral service. He was then buried in the nearby Occidental Cemetery. Many years later a statue was erected in the seafront gardens at Olhão in 1972 to his lasting memory. Ex Glendining, 15 December 1966, lot 522.
*The Superb Triple Sea Gallantry (Foreign Services) Group of 3 awarded to Patrão Joaquim Lopes, an Honorary Officer in the Portuguese Navy and one of the most important life-saving figures in the Portuguese history. He became something of a national hero through a series of famous life-saving incidents off the coast of Portugal near Lisbon in the 19th century, including saving lives from the crews of 3 British ships. King Luis I of Portugal visited his home to personally thank him after one life saving incident, and he latterly returned his 3 British awards to the Government in London in protest against the British Ultimatum to Portugal in 1890 concerning expansion in Colonial Africa, comprising: Sea Gallantry Medal (Foreign Services), V.R, small size in gold (Joaquim Lopes), reverse inscribed ‘For Gallant and Humane Service to the crew of the Schooner British Queen. 1858.’; Sea Gallantry Medal (Foreign Services), V.R, small size in gold (Lieut: Joaquim Lopes. 1880), reverse inscribed ‘For Gallantry and Humanity’; Sea Gallantry Medal (Foreign Services), V.R, small size in silver (Joaquim Lopes. 1856.), reverse inscribed ‘For Saving the lives of British Subjects’; Medals swing mounted on relatively modern bar and offered with one red box of issue by ‘J. Spilling’ of London (hinge broken), light contact marks and once lightly polished, otherwise toned good very fine to extremely fine, with some lustre. Joaquim Lopes was born in the Portuguese town of Olhão on 19 August 1798, the son of a fisherman. He started his own career as a fisherman at the age of 10, working with his father, and at that age he was already capable of jumping from the boat, bringing in the sails, climbing the masts and spreading the nets. At the age of 18 he moved to Gibraltar and also to the Algarve, but returned to the Lisbon area of Paço des Arcos at the age of 22. The sea in this area was well-known for its treacherous currents, caused by the confluence of the Oeiras and Tagus rivers and the presence of the Atlantic Ocean, and no doubt Joaquim Lopes had an intimate knowledge of the waters around Lisbon and the Portuguese coast. He joined a local ‘falua’ as a rower, and soon became recognized as the most skilled man in the boat despite his age. As recorded in the article ‘Patrão Lopes, our Hero’ by Carolina Sa Bandeira, his first rescue took place in 1823, when he saved the lives of a local man and his child as they attempted to cross a river despite its strong current, with both falling in. He successfully saved both in two attempts, and was celebrated in the local town. During his long career as a live-saver and seaman, Joaquim Lopes rescued many sailors from certain death including the crew of three British ships, one of which was the schooner Howard Primrose, the French vessel Stephanie, the Spanish brigandine Achilles and numerous local Portuguese boats. It is worth noting that no formal life-saving service existed at this time, and that such work was provided on a local, volunteer basis. The wreck of the first British vessel – the schooner ‘Howard Primrose’ is not recorded by British sources, but Portuguese records confirm that it took place in February 1856. An alarm was sounded by the Forts of São Julião and São Bugio, and Lopes and some other volunteers quickly launched a boat to rescue the ship’s crew. After some 6 hours of rowing and battling with the heavy swell and wind, the lifeboat returned to port at Paço des Arcos without having been able to reach the stricken vessel. The decision was then taken to return once again, but this time in a more maneuverable fishing vessel, and as a result the lives of the British Captain and 5 other members of the crew. For this Lopes was awarded the Sea Gallantry Medal (Foreign Services) in silver, as well as some gold sovereigns to share with the crew. The second incident concerned the wreck of the schooner ‘British Queen’ on 24 February 1858. This vessel had become wrecked upon the south bank, west of the Bugio Fort, South Bar of Lisbon, where Lopes (as Master), Joaquim Pedro (also a Master) and Carlos Augusto (Crewman) assisted in the saving of the lives of William Bell and Peter O’Connor of the British ship - who were rescued from ‘immediate peril, in a gale of wind and a heavy rolling sea’. For this, Lieutenant Lopes was awarded the Sea Gallantry Medal (Foreign Services) in gold. The third related to the wreck of the barquentine ‘Lucy’ of Brixham, Devon, which was wrecked upon rocks near Bujio Laho on 17 February 1880 as it attempted to enter Lisbon Harbour. A lifeboat was sent out once again under the command of Joaquim Lopes, now at the advanced age of 82 years old, who displayed ‘remarkable coolness and courage’ throughout (The Sea Gallantry Medal by Scarlett refers), and effected the safe recovery of the British crew who had been in ‘extreme peril’. For this incident one gold medal and 11 silver were issued to Lopes and his crew. Also of note was his participation in the rescue of the crew of the yacht Admiral in 1862. Lopes and his companions saved the entire crew of this vessel which had ‘shattered’ in a thunderstorm, and for this King Luis made a visit in person to Joaquim Lopes’ humble home. When asked how many lives Lopes had saved, he answered: “I counted up to three hundred. But after that I lost count!” As a result he was awarded the Portuguese Order of the Tower and Sword chain by King Luis for courage, loyalty and merit in 1866. Many other countries including France, Spain and Britain also bestowed awards on Joaquim Lopes for his life-saving work - receiving a reported 11 medals in total. Some years later in 1890, Patrão (or Captain) Joaquim Lopes returned his British awards to the government in London in protest against the 1890 British Ultimatum. This ultimatum was seen as being in breach of the Treaty of Windsor of 1386, as it forced the retreat of Portuguese military forces in Africa between the Portuguese colonies of Angola and Mozambique (most of present-day Zimbabwe and Zambia), which were claimed by Portugal but which directly clashed with British aspirations of creating a Cape to Cairo Railway. When Portugal eventually gave in to British demands, it was seen as a national humiliation and serious insult against Portugal - Britain’s oldest ally. Violent protests duly followed in Lisbon and the Union flag was publicly burnt, and clearly Patrão Lopes felt that he could not wear his British medals in good conscience as a result. As Joaquim Lopes grew older he became unable to take to sea, but he reportedly remained on watch outside his house for hours on end, making sure all was well on his ‘patch’ of the coast. Never a rich man, he always made a point of sharing any money for his rescues with his poorer colleagues. Joaquim Lopes died at the age of 92 on 21 December 1890, and a funeral cortege of ships took him along the Tagus River to São Roque for his funeral service. He was then buried in the nearby Occidental Cemetery. Many years later a statue was erected in the seafront gardens at Olhão in 1972 to his lasting memory. Ex Glendining, 15 December 1966, lot 522.

War Medals, Orders and Decorations

Sale Date(s)
Lots: 1-176
Lots: 177-294
Venue Address
Sotheby's, The Book Room
34-35 New Bond Street
London
W1A 2AA
United Kingdom

For Morton & Eden Ltd. delivery information please telephone +44 (0)20 7493 5344.

Important Information

Auction venue:

Sotheby's, in the Lower Grosvenor Gallery

The Aeolian Hall, Bloomfield Place

London W1A 2AA

 

Public viewing at:

Nash House

St George Street

London W1S 2FQ

Terms & Conditions

Conditions of Business for Buyers 

1. Introduction 
(a) The contractual relationship of Morton & Eden Ltd. and Sellers with prospective Buyers is governed by:- 
(i) these Conditions of Business for Buyers; 
(ii) the Conditions of Business for Sellers displayed in the saleroom and available from Morton & Eden Ltd.; (iii) Morton & Eden Ltd.’s Authenticity Guarantee; 
(iv) any additional notices and terms printed in the sale catalogue, in each case as amended by any saleroom notice or auctioneer's announcement. 

(b) As auctioneer, Morton & Eden Ltd. acts as agent for the Seller. Occasionally, Morton & Eden Ltd. may own or have a financial interest in a lot. 
2. Definitions "Bidder" is any person making, attempting or considering making a bid, including Buyers; 
"Buyer" is the person who makes the highest bid or offer accepted by the auctioneer, including a Buyer’s principal when bidding as agent; 
"Seller" is the person offering a lot for sale, including their agent, or executors; 
“M&E” means Morton & Eden Ltd., auctioneers, 45 Maddox Street, London W1S 2PE, company number 4198353. 
"Buyer’s Expenses" are any costs or expenses due to Morton & Eden Ltd. from the Buyer; "Buyer’s Premium" is the commission payable by the Buyer on the Hammer Price at the rates set out in the Important Information for Buyers; 
"Hammer Price" is the highest bid for the Property accepted by the auctioneer at the auction or the post auction sale price; 
"Purchase Price" is the Hammer Price plus applicable Buyer’s Premium and Buyer’s Expenses; 
"Reserve Price" (where applicable) is the minimum Hammer Price at which the Seller has agreed to sell a lot. 

The Buyer’s Premium, Buyer’s Expenses and Hammer Price are subject to VAT, where applicable. 

3. Examination of Lots (a) M&E’s knowledge of lots is partly dependent on information provided by the Seller and M&E is unable to exercise exhaustive due diligence on each lot. Each lot is available for examination before sale. Bidders are responsible for carrying out examinations and research before sale to satisfy themselves over the condition of lots and accuracy of descriptions. 
(b) All oral and/or written information provided to Bidders relating to lots, including descriptions in the catalogue, condition reports or elsewhere are statements of M&E’s opinion and not representations of fact. Estimates may not be relied on as a prediction of the selling price or value of the lot and may be revised from time to time at M&E’s absolute discretion. 

4. Exclusions and limitations of liability to Buyers 
(a) M&E shall refund the Purchase Price to the Buyer in circumstances where it deems that the lot is a Counterfeit, subject to the terms of M&E’s Authenticity Guarantee. 

(b) Subject to Condition 4(a), neither M&E nor the Seller:- 
(i) is liable for any errors or omissions in any oral or written information provided to Bidders by M&E, whether negligent or otherwise; 
(ii) gives any guarantee or warranty to Bidders and any implied warranties and conditions are excluded (save in so far as such obligations cannot be excluded by English law), other than the express warranties given by the Seller to the Buyer (for which the Seller is solely responsible) under the Conditions of Business for Sellers; 
(iii) accepts responsibility to Bidders for acts or omissions (whether negligent or otherwise) by M&E in connection with the conduct of auctions or for any matter relating to the sale of any lot. 

(c) Without prejudice to Condition 4(b), any claim against M&E and/ or the Seller by a Bidder is limited to the Purchase Price for the relevant lot. Neither M&E nor the Seller shall be liable for any indirect or consequential losses. 

(d) Nothing in Condition 4 shall exclude or limit the liability of M&E or the Seller for death or personal injury caused by the negligent acts or omissions of M&E or the Seller. 

5. Bidding at Auction 
(a) M&E has absolute discretion to refuse admission to the auction. Before sale, Bidders must complete a Registration Form and supply such information and references as M&E requires. Bidders are personally liable for their bid and are jointly and severally liable with their principal, if bidding as agent (in which case M&E’s prior and express consent must be obtained). 
(b) M&E advises Bidders to attend the auction, but M&E will endeavour to execute absentee written bids provided that they are, in M&E’s opinion, received in sufficient time and in legible form. 
(c) When available, written and telephone bidding is offered as a free service at the Bidder’s risk and subject to M&E’s other commitments; M&E is therefore not liable for failure to execute such bids. Telephone bidding may be recorded. 
6. Import, Export and Copyright Restrictions M&E and the Seller make no representations or warranties as to whether any lot is subject to import, export or copyright restrictions. It is the Buyer's sole responsibility to obtain any copyright clearance or any necessary import, export or other licence required by law, including licenses required under the Convention on the International Trade in Endangered Species (CITES). 
7. Conduct of the Auction 
(a) The auctioneer has discretion to refuse bids, withdraw or re-offer lots for sale (including after the fall of the hammer) if (s)he believes that there may be an error or dispute, and may also take such other action as (s)he reasonably deems necessary. 

(b) The auctioneer will commence and advance the bidding in such increments as (s)he considers appropriate and is entitled to place bids on the Seller’s behalf up to the Reserve Price for the lot, where applicable. 
(c) Subject to Condition 7(a), the contract between the Buyer and the Seller is concluded on the striking of the auctioneer's hammer. 

(d) Any post-auction sale of lots shall incorporate these Conditions of Business. 

8. Payment and Collection 

(a) Unless otherwise agreed in advance, payment of the Purchase Price is due in pounds sterling immediately after the auction (the "Payment Date"). 
(b) Title in a lot will not pass to the Buyer until M&E has received the Purchase Price in cleared funds. M&E will generally not release a lot to a Buyer before payment. Earlier release shall not affect passing of title or the Buyer's obligation to pay the Purchase Price, as above. 

(c) The refusal of any licence or permit required by law, as outlined in Condition 6, shall not affect the Buyer’s obligation to pay for the lot, as per Condition 8(a). 

(d) The Buyer must arrange collection of lots within 10 working days of the auction. Purchased lots are at the Buyer's risk from the earlier of (i) collection or (ii) 10 working days after the auction. Until risk passes, M&E will compensate the Buyer for any loss or damage to the lot up to a maximum of the Purchase Price actually paid by the Buyer. M&E’s assumption of risk is subject to the exclusions detailed in Condition 5(d) of the Conditions of Business for Sellers. 
(e) All packing and handling of lots is at the Buyer's risk. M&E will not be liable for any acts or omissions of third party packers or shippers. 

9. Remedies for non-payment Without prejudice to any rights that the Seller may have, if the Buyer without prior agreement fails to make payment for the lot within 5 working days of the auction, M&E may in its sole discretion exercise 1 or more of the following remedies:- 
(a) store the lot at its premises or elsewhere at the Buyer’s sole risk and expense; 

(b) cancel the sale of the lot; 

(c) set off any amounts owed to the Buyer by M&E against any amounts owed to M&E by the Buyer for the lot; 
(d) reject future bids from the Buyer; 
(e) charge interest at 8% per annum above Lloyds TSB Bank plc Base Rate from the Payment Date to the date that the Purchase Price is received in cleared funds; 

(f) re-sell the lot by auction or privately, with estimates and reserves at M&E’s discretion, in which case the Buyer will be liable for any shortfall between the original Purchase Price and the amount achieved on re-sale, including all costs incurred in such re-sale; 

(g) Exercise a lien over any Buyer’s Property in M&E’s possession, applying the sale proceeds to any amounts owed by the Buyer to M&E. M&E shall give the Buyer 14 days written notice before exercising such lien; 

(h) commence legal proceedings to recover the Purchase Price for the lot, plus interest and legal costs; 
(i) disclose the Buyer’s details to the Seller to enable the Seller to commence legal proceedings. 
10. Failure to collect purchases 

(a) If the Buyer pays the Purchase Price but does not collect the lot within 20 working days of the auction, the lot will be stored at the Buyer's expense and risk at M&E’s premises or in independent storage. 

(b) If a lot is paid for but uncollected within 6 months of the auction, following 60 days written notice to the Buyer, M&E will re-sell the lot by auction or privately, with estimates and reserves at M&E’s discretion. The sale proceeds, less all M&E’s costs, will be forfeited unless collected by the Buyer within 2 years of the original auction. 
11. Data Protection 

(a) M&E will use information supplied by Bidders or otherwise obtained lawfully by M&E for the provision of auction related services, client administration, marketing and as otherwise required by law. 
(b) By agreeing to these Conditions of Business, the Bidder agrees to the processing of their personal information and to the disclosure of such information to third parties world-wide for the purposes outlined in Condition 11(a) and to Sellers as per Condition 9(i). 

12. Miscellaneous 

(a) All images of lots, catalogue descriptions and all other materials produced by M&E are the copyright of M&E. 
(b) These Conditions of Business are not assignable by any Buyer without M&E’s prior written consent, but are binding on Bidders' successors, assigns and representatives. 
(c) The materials listed in Condition 1(a) set out the entire agreement between the parties. 

(d) If any part of these Conditions of Business be held unenforceable, the remaining parts shall remain in full force and effect. 

(e) These Conditions of Business shall be interpreted in accordance with English Law, under the exclusive jurisdiction of the English Courts, in favour of M&E. 

Morton & Eden Ltd.’s Authenticity Guarantee 

If Morton & Eden Ltd. sells an item of Property which is later shown to be a “Counterfeit”, subject to the terms below Morton & Eden Ltd. will rescind the sale and refund the Buyer the total amount paid by the Buyer to Morton & Eden Ltd. for that Property, up to a maximum of the Purchase Price. 
The Guarantee lasts for two (2) years after the date of the relevant auction, is for the benefit of the Buyer only and is non-transferable. “Counterfeit” means an item of Property that in Morton & Eden Ltd.’s reasonable opinion is an imitation created with the intent to deceive over the authorship, origin, date, age, period, culture or source, where the correct description of such matters is not included in the catalogue description for the Property. Property shall not be considered Counterfeit solely because of any damage and/or restoration and/or modification work (including, but not limited to, traces of mounting, tooling or repatinating). Please note that this Guarantee does not apply if either:- 


(i) the catalogue description was in accordance with the generally accepted opinions of scholars and experts at the date of the sale, or the catalogue description indicated that there was a conflict of such opinions; or 
(ii) the only method of establishing at the date of the sale that the item was a Counterfeit would have been by means of processes not then generally available or accepted, unreasonably expensive or impractical; or likely to have caused damage to or loss in value to the Property (in Morton & Eden Ltd.’s reasonable opinion); or 

(iii) there has been no material loss in value of the Property from its value had it accorded with its catalogue description. 

To claim under this Guarantee, the Buyer must:- 

(i) notify Morton & Eden Ltd. in writing within one (1) month of receiving any information that causes the Buyer to question the authenticity or attribution of the Property, specifying the lot number, date of the auction at which it was purchased and the reasons why it is believed to be Counterfeit; and 

(ii) return the Property to Morton & Eden Ltd. in the same condition as at the date of sale and be able to transfer good title in the Property, free from any third party claims arising after the date of the sale. 
Morton & Eden Ltd. has discretion to waive any of the above requirements. Morton & Eden Ltd. may require the Buyer to obtain at the Buyer's cost the reports of two independent and recognised experts in the relevant field and acceptable to Morton & Eden Ltd. Morton & Eden Ltd. shall not be bound by any reports produced by the Buyer, and reserves the right to seek additional expert advice at its own expense. In the event Morton & Eden Ltd. decides to rescind the sale under this Guarantee, it may refund to the Buyer the reasonable costs of up to two mutually approved independent expert reports, provided always that the costs of such reports have been approved in advance and in writing by Morton & Eden Ltd.

See Full Terms And Conditions