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Lot 3007: BICCI DI LORENZO

Est: CHF 250,000 - CHF 350,000Sold:
Koller AuctionsZurich, SwitzerlandJune 19, 2020

Item Overview

Description

BICCI DI LORENZO
(1373 Florence 1452)
The Mystic Marriage of Saint Catherine. Circa 1445–50.
Tempera and gold ground on panel.

165 × 98 cm.

Provenance:
- John Temple Leader (1810–1903), Castello di Vincigliata, Fiesole, 1900.
- bequeathed, probably to his nephew, Richard Luttrell Pilkington Bethell, 3rd Baron of Westbury (1852–1930).
- Alberto Fassini Camossi (1875–1942), Rome.
- to the heirs of Camossi, circa 1920.
- Sotheby’s auction, London, 20.4.1988, lot 5.
- Private collection, Reggio Emilia, 1994.
- European private collection.

Literature:
- Raimond van Marle: The Development of the Italian Schools of Painting, The Hague 1923–1938, Vol. VIII (1927), p. 252, fig. 150.
- Adolfo Venturi: Collezione d'arte del Barone Alberto Fassini. Pitture dal 300 all'800, Milan 1930, fig X.
- Bernard Berenson: Italian Pictures of the Renaissance, Oxford 1932, p. 85.
- Bernard Berenson: Pitture Italiane del Rinascimento, Milan 1936, p. 73.
- Bernard Berenson: Italian Paintings of the Renaissance: Florentine School, Oxford 1963, Vol. I, p. 29.

This imposing depiction of the "Mystic Marriage of Saint Catherine", having been in private hands for decades, now makes its reappearance on the art market. A work of museum quality, this is a masterpiece by the Florentine artist Bicci di Lorenzo, dating from the beginning of the early Renaissance, and artistically closely bound to the tradition of the 14th century. The panel was first published by Raimond van Marle (1927), who associated it with Arcangelo da Cola di Camerino (active circa 1416–1429). However, just three years later, Adolfo Venturi (1930) recognised the true authorship as that of the Florentine painter Bicci di Lorenzo, with which later literature rightly concurred (Berenson 1932, 1936, 1963).

Bicci di Lorenzo, to whom this panel can be attributed with absolute certainty, was born into an artistic dynasty and was a highly successful painter. The son of Lorenzo di Bicci (circa 1350–1427), he took over his father’s painting workshop, which received numerous commissions in and around Florence during the early 15th century. Later, after Bicci di Lorenzo’s death (1452), the workshop continued into the third generation with his son, Neri di Bicci (1418–1492) who was also very active.

As one of the leading painters in Florence and the surrounding area, Bicci di Lorenzo was extremely active and received some of the most important commissions of that time. For example, he executed the (no longer extant) fresco of Sant´Egidio in Florence, where he worked alongside the most famous Renaissance painters of the time, Domenico Veneziano (circa 1410–1461) and Piero della Francesca (1416–1492). He received many commissions for paintings, but also for the cathedral and produced the frescos in the Compagni chapel in Santa Trinità. The frescos of the choir chapel of San Francesco in Arezzo were completed as far as the vault, as Bicci di Lorenzo died while the works were still in progress. Piero della Francesca completed the work with his series "The Legend of the True Cross" with which he was to create one of the most famous pictorial cycles of the Renaissance.

The monumental format of the panel presented here suggests that it formed the central section of a large altarpiece and was probably flanked by representations of standing saints. A comparable concept features in Bicci di Lorenzo’s large altarpiece in Perugia, which also depicts the "Mystic Marriage of Saint Catherine" (Galleria Nazionale dell'Umbria, Inv.-No. 79).

Professor Gaudenz Freuler conjectures that the panel was conceived as a central element in a multi-part altarpiece for a women’s religious community. The "Mystic Marriage of Saint Catherine" was a popular subject amongst the women’s religious orders and symbolised their commitment to God. The liturgy for the consecration of nuns traditionally employed images of the heavenly bridegroom, and occasionally the nuns even wore a wedding ring, in order to demonstrate their spiritual bond as the "Sponsae Christi". This theme developed especially within the mysticism of the Dominican nuns north of the Alps and was captured in numerous written testimonies and pictures.

Under the influence of Lorenzo Monaco (1370–1425) and Gentile da Fabriano (1370–1427), during his long career Bicci di Lorenzo developed a coherent, dynamic style, which on the one hand internalises the International Gothic style, while at the same time also testifies to his Florentine roots and reveals his familiarity with the works of the Florentine progressives Masaccio (1401–1427) and Masolino (1383–1447). The combination of Renaissance set pieces inspired by the antique, such as the thrones with twisted columns, the tabernacle and similar sumptuous elements, with the traditional pictorial world of the Gothic, coupled with Bicci di Lorenzo’s extraordinary technique, as is powerfully in evidence in the present panel, found great favour with his clients, and was also later to characterise the work of his son Neri di Bicci.

A comparison of the present panel with the painting of the Madonna from the altar of the Cathedral in Fiesole dated to 1450 (see Zeri Archive No. 10336), which is one of the late works by the artist, shows clearly that both were conceived in a similar way: the face of the Madonna, compared with the present panel as well as other late panels by Bicci, is painted after an identical pattern and with a consistency of style, which also applies to the figure of the young Jesus.

There are also striking parallels with regard to the spatial sensibility, which was influenced by the pictorial compositions of Domenico Veneziano from the 1440s: for example, the imposing Renaissance architecture of the throne with its vault of stars, which leads towards the twisted columns modelled after the Cosmati columns, creating a convincing sense of space, which is further reinforced by the vanishing point formed by the floor tiles.

Professor Gaudenz Freuler, whom we thank for his help with this catalogue entry, has therefore dated this panel to the artist’s later years, circa 1445–50.
---------------
BICCI DI LORENZO
(1373 Florenz 1452)
Mystische Vermählung der Heiligen Katharina. Um 1445–50.
Tempera und Goldgrund auf Holz.

165 × 98 cm.

Provenienz:
- John Temple Leader (1810–1903), Castello di Vincigliata, Fiesole, 1900.
- Durch Erbfolge wohl an dessen Neffen, Richard Luttrell Pilkington Bethell, 3. Baron von Westbury (1852–1930).
- Alberto Fassini Camossi (1875–1942), Rom.
- Um 1920 in den Besitz dessen Erben übergegangen.
- Auktion Sotheby’s, London, 20.4.1988, Los 5.
- Privatsammlung, Reggio Emilia, 1994.
- Europäische Privatsammlung.

Literatur:
- Raimond van Marle: The Development of the Italian Schools of Painting, Den Haag 1923–1938, Bd. VIII (1927), S. 252, Abb. 150.
- Adolfo Venturi: Collezione d'arte del Barone Alberto Fassini. Pitture dal 300 all'800, Mailand 1930, Abb X.
- Bernard Berenson: Italian Pictures of the Renaissance, Oxford 1932, S. 85.
- Bernard Berenson: Pitture Italiane del Rinascimento, Mailand 1936, S. 73.
- Bernard Berenson: Italian Paintings of the Renaissance: Florentine School, Oxford 1963, Bd. I, S. 29.

Diese imposante Darstellung mit der mystischen Vermählung der Heiligen Katherina, die sich über Jahrzehnte in Privatbesitz befand, wird nun erstmals wieder auf dem Kunstmarkt angeboten. Von musealer Qualität stellt sie ein Glanzstück des Florentiners Bicci di Lorenzo zu Beginn der Frührenaissance dar, der künstlerisch stark der Tradition des Trecento verbunden ist. Die Tafel wurde erstmals von Raimond van Marle (1927) veröffentlicht, der sie mit Arcangelo da Cola di Camerino (aktiv um 1416–1429) in Verbindung brachte. Doch bereits drei Jahre später erkannte Adolfo Venturi (1930) die korrekte Autorschaft des florentinischen Malers Bicci di Lorenzo, an der die spätere Literatur (Berenson 1932, 1936, 1963) mit Recht festhielt.

Bicci di Lorenzo, dem diese Tafel zweifelsfrei zugewiesen werden kann, wurde in eine Künstlerdynastie geboren und war als höchst erfolgreicher Maler tätig. Als Sohn des Lorenzo di Bicci (um 1350–1427) übernahm er die florierende väterliche Malerwerkstatt, die während des frühen fünfzehnten Jahrhunderts in und um Florenz zahlreiche Aufträge erhielt. Später, nach Bicci di Lorenzos Tod (1452), sollte diese in der dritten Generation von seinem Sohn, dem geschäftigen Neri di Bicci (1418–1492) weitergeführt werden.

Als einer der führenden Maler in Florenz und Umgebung, war Bicci di Lorenzo überaus aktiv und erhielt einige der wichtigsten Aufträge seiner Zeit. So führte er beispielsweise die (nicht mehr erhaltene) Freskierung von Sant´Egidio in Florenz aus, wo er an der Seite der damals berühmtesten Renaissance Maler Domenico Veneziano (um 1410–1461) und Piero della Francesca (1416–1492) wirkte. Neben einer Vielzahl von Gemälden, erhielt er zudem mehrere Aufträge für den Dom und schuf die Freskendekoration in der Compagni-Kapelle in Santa Trinità. Die Freskierung der Chorkapelle von San Francesco in Arezzo gelangte bis zur Bemalung des Gewölbes bevor Bicci die Lorenzo noch während der Arbeiten verstarb. Piero della Francesca vollendete das Werk mit seiner Bildfolge der "Legende des Wahren Kreuzes", mit der er eine der berühmtesten Bildzyklen der Renaissance schaffen sollte.

Das monumentale Format der hier angebotenen Tafel legt nahe, dass sie den zentralen Teil eines grossen Altarbildes bildete und wahrscheinlich auf beiden Seiten von Darstellungen stehender Heiliger flankiert war. Ein vergleichbares Konzept verkörpert Bicci die Lorenzos grosses Altarbild in Perugia, das ebenfalls die "Mystische Vermählung der heiligen Katharina" zeigt (Galleria Nazionale dell'Umbria, Inv.-Nr. 79).

Professor Gaudenz Freuler vermutet, dass die Tafel als zentrales Element eines mehrteiligen Altarwerks für eine Gemeinschaft religiöser Frauen konzipiert wurde. Die "mystische Ehe der heiligen Katharina" war im Bereich der Frauenorden ein beliebtes Sujet, versinnbildlichte es doch ihr Engagement für Gott. Die Weiheliturgie für Nonnen verwendete traditionell die Bilder des himmlischen Bräutigams und gelegentlich trugen Nonnen sogar einen Ehering, um ihre spirituelle Verbindung als "Sponsae Christi" zu demonstrieren. Diese Thematik entwickelte sich insbesondere in der Mystik der Dominikanerinnen nördlich der Alpen und wurde dort in zahlreichen Schriftzeugnissen und Bildern festgehalten.

Unter dem Einfluss von Lorenzo Monaco (1370–1425) und Gentile da Fabriano (1370–1427) entwickelte Bicci di Lorenzo während seiner langen Karriere einen kohärenten, dynamischen Stil, der einerseits die Ästhetik der internationalen höfischen Gotik verinnerlicht, dabei jedoch auch von Biccis florentinischen Wurzeln zeugt und seine Vertrautheit mit den Werken der florentinischen Progressiven Masaccio (1401–1427) und Masolino (1383–1447) offenbart. Die Verbindung aus antikisierenden Renaissance Versatzstücken, etwa Throne mit verdrehten Säulen, Tabernakel und ähnliche prunkvolle Elemente, mit der traditionellen, gotischen Bildwelt, gepaart mit Bicci di Lorenzos aussergewöhnlicher Technik, wie sie auch in der vorliegenden Tafel eindrücklich zu Tage tritt, fand grossen Anklang bei seiner Auftraggeberschaft, und sollte später auch das Werk seines Sohns Neri di Bicci auszeichnen.

Beim Vergleich der vorliegenden Tafel und dem Madonnenbild des auf 1450 datierten Altars der Kathedrale in Fiesole (vgl. Zeri Archiv Nr. 10336), das zu den späten Werken unseres Künstlers zu zählen ist, wird deutlich, dass beide ähnlich konzipiert sind: Das Gesicht der Madonna ist, verglichen mit dieser, wie auch anderen späten Tafel Biccis, nach identischem Muster und stilkongruent gemalt, was ebenso auf die Figur des Jesusknaben zutrifft.

Auch in Hinblick auf die Raumempirik, die von den Bildfindungen des Domenico Veneziano aus den 1440er-Jahren beeinflusst ist, fallen deutliche Parallelen auf: Etwa die imposante Renaissance Thronarchitektur mit Sternengewölbe, die die gewundenen Säulen nach Vorbild der Kosmaten-Säulen einführt und eine überzeugende Räumlichkeit suggeriert, die zudem durch die auf einen Fluchtpunkt zulaufenden Bodenfliesen verstärkt wird.

Professor Gaudenz Freuler, dem wir für seine Hilfe bei diesem Katalogeintrag danken, datiert unsere Tafel folglich in die letzten Schaffensjahre des Künstlers um 1445–50.

Artist or Maker

Notes

*

Payment & Shipping

Payment

Accepted forms of payment: MasterCard, Other, Visa

Shipping

Koller will assist in arranging shipping. All costs associated are the responsibility of the buyer.

Auction Details

Old Master Paintings

by
Koller Auctions
June 19, 2020, 02:00 PM CET

Hardturmstrasse 102, Zurich, 8031, CH

Terms

Live bidding may start higher or lower

Buyer's Premium

CHF1 - 10,000:28.0%
CHF10,001 - 400,000:25.0%
CHF400,001+:18.0%

Bidding Increments

From:To:Increment:
CHF0CHF799CHF50
CHF800CHF1,999CHF100
CHF2,000CHF3,199CHF200
CHF3,200CHF3,799CHF300
CHF3,800CHF3,999CHF200
CHF4,000CHF9,999CHF500
CHF10,000CHF19,999CHF1,000
CHF20,000CHF31,999CHF2,000
CHF32,000CHF37,999CHF3,000
CHF38,000CHF39,999CHF2,000
CHF40,000CHF89,999CHF5,000
CHF90,000+CHF10,000

Condition

KOLLER AUCTIONS - CONDITIONS (CLASSIC AUCTIONS)

These conditions apply solely to items which are auctioned by Koller (according to the definition below) live in the saleroom.

By participating in the auction the bidder accepts the following Auction Conditions of Koller Auctions Ltd, Hardturmstrasse 102, 8005 Zurich, Switzerland ("Koller").


1. Legal status of the parties
The auction items are auctioned by Koller in the name of and on the account of the seller of the auctioned item ("Seller"). Koller acts on behalf of and for the account of the Seller as his agent as defined in article 32, section 1 of the Swiss Code of Obligations ("CO"). The hammer price is determined by the bidder recognised by Koller as having made the highest bid in Swiss Francs in the course of an auction ("Purchaser"), resulting in the conclusion of a purchase contract between the Seller and the Purchaser ("Purchase Contract"). Koller is thereby not a party to the Purchase Contract.


2. Surcharge
2.1 In addition to the bid price, the Purchaser must pay a surcharge on such bid price calculated as follows:
i. on a successful bid of up to CHF 10 000: 25%
ii. on a successful bid over CHF 10 000 up to CHF 400 000: 25% on the first CHF 10 000 and 22% on the difference between CHF 10 000 and the bid.
iii. on a successful bid over CHF 400 000: 25% on the first CHF 10 000, 22% on CHF 390 000 and 15% on the difference between CHF 400 000 and the bid.

2.2 If the winning bid is placed over the internet in the course of a saleroom auction which is broadcast online ("Live Auction"), or leaves a pre-sale bid through an independent bidding platform which is linked with Koller, there will be an additional 3% added to the surcharge. Bidders are subject to Koller's terms and conditions as listed on the Live Auction website, which may differ in some respects from those listed here.

2.3 The Purchaser must pay Swiss value added tax ("VAT") on the surcharge. The stated percentage of the surcharge corresponds to the successful bid for each individual item.

2.4 The full tax is charged on all items marked * in the auction catalogue, i.e. VAT is charged on the sum of the bid price plus the surcharge for those items. The VAT will be refunded to Purchasers providing a validly stamped export declaration.

2.5 The Purchaser agrees that Koller also has the possibility to receive a commission from the Seller.


3. Guarantee
3.1 Koller shall rescind the purchase (subject to Sections 3.2 and 3.3 below) in the name of the Seller and shall reimburse the purchase price and the surcharge (incl. VAT) to the Purchaser if an item proves to be a forgery. A "forgery" shall be deemed to exist if the item, in the reasonable opinion of Koller, is an imitation created with the intention of causing a deception with respect to the authorship, age, period, culture or origin, if the correct description of such content is not reflected in the auction catalogue (taking account of any additions), and if this circumstance significantly impairs the value of the item in comparison to an item corresponding to the catalogue description. An item shall not be deemed to have been forged if it is merely damaged and/or has been subjected to restoration work and/or modifications of any nature whatsoever.

3.2 A rescission in accordance with the above provision shall not take place at the discretion of Koller if:
i. the description of the item in the auction catalogue was supported by the view of a specialist or by the prevailing view of specialists, or if the description in the auction catalogue suggested that differences of opinion exist in this respect;
ii. the forgery was not identifiable as such at the time of the successful bid in accordance with the current state of research and with the generally acknowledged and usual methods, or only with disproportionate effort;
iii. the forgery (based on Koller's conscientious assessment) was produced before 1880; or
iv. the purchased item is a painting, watercolour, drawing or sculpture which according to the details set out in the auction catalogue was created prior to 1880.

3.3 The Purchaser may request rescission from Koller (as the agent of the Seller) from the day of the successful bid for a period of two (2) years (three (3) weeks for jewellery). It shall be granted exclusively to the Purchaser and may not be assigned to any third party. Assertion of the claim shall be conditional upon the Purchaser making a complaint to Koller by registered letter immediately after the discovery of the defect, and returning the purchased item to Koller in the same condition as it was handed over to him and unencumbered by third parties› claims. The Purchaser must provide proof that the item is a forgery. Koller may demand that the Purchaser obtains at his own expense expert opinions from two independent individuals who are recognised experts in the field. However, Koller shall not be bound by any such expert opinion, and reserves the right to obtain additional expert advice at its own expense.

3.4 Koller may at its complete discretion waive the assertion of grounds for exclusion pursuant to the above Section 3.2 or the fulfilment of preconditions pursuant to the above Section 3.3.

3.5 The claims of the Purchaser against Koller as the agent of the Seller under Section 3.1 are limited to the reimbursement of the purchase price and surcharge (incl. VAT) paid by the Purchaser. Further or other claims of the Purchaser are excluded under any legal title (including error according to art. 23 ff. CO) whatsoever.


4. Disclaimer
4.1 The items are auctioned in the condition existing at the time of the successful bid. The auctioned items are "used" objects and are therefore generally not in pristine condition.

4.2 Each item in the auction catalogue is listed with a description and an illustration. The information in the auction catalogue, as well as the condition reports issued by Koller, are intended to provide an overall impression and a non-binding assessment by Koller. The items are described to the best of our knowledge and belief. However, Koller cannot accept any liability for the details provided in the catalogue. The items may be inspected during the preview. The Purchaser is therefore invited to inspect an item prior to the auction and, possibly with the assistance of an independent specialist advisor, to form his own opinion of the concordance between the item and the catalogue description. Concerning the descriptions of the items, the German-language print edition of the catalogue (including any later amendments) shall be exclusively applicable. Koller reserves the right to call upon experts or specialists of its choice to give an opinion and to rely on that opinion. Koller cannot be held liable for the correctness of such opinions. Neither any such expert opinions or reports, nor the descriptions of items provided by Koller, nor other statements pertaining to an item (including statements pertaining to the value thereof) constitute explicit or implicit warranties.

4.3 Subject to Article 3 above, no guarantee or warranty whatsoever is given in respect to legal and material defects. The liabilities of the Seller vis-à-vis the Purchaser are limited to the same extent as the liabilities of Koller vis-à-vis the Purchaser.


5. Participation in the auction
5.1 Any party may participate in an auction as a bidder. However, Koller reserves the right at its complete discretion to prevent any person entering its premises or attending or participating in its auctions.

5.2 Bidders who are not personally known to Koller must register at least 48 hours before the auction, using the form provided for this purpose. The registration form must be signed, with legal effect, and a copy of the bidder's passport must be enclosed, as well as current, valid credit card information. In the event of payment default by the Purchaser, Koller shall be entitled to charge the Purchaser's credit card in accordance with the details provided on the registration form for the entire amount of the invoice, plus the credit card processing fees.

5.3 Koller may demand in advance from any bidder a certificate of creditworthiness issued by a bank approved by Koller.

5.4 In the case of bids for items with upper estimated values of more than CHF 30 000, Koller may demand that the bidder first remits 20% of the lower estimated value as security. Following the auction, Koller will offset this sum against its claims and the claims of the Seller, and will reimburse any possible surpluses to the Purchaser/bidder without delay.



6. Auction
6.1 Koller may initiate the auctioning of an item below the minimum selling price agreed upon with the Seller. A bid placed at an auction is a binding offer. The bidder shall remain bound by his bid until this is either outbid or rejected by Koller. Double bids shall immediately be called once again; in case of uncertainty, the auction management shall decide.

6.2 Koller may refuse a bid without providing justification if a Purchaser fails to fulfil the conditions for participation in an auction pursuant to the above Sections 5.2 to 5.4. Koller may also pass or withdraw auctioned items without a sale even if this is not apparent to the auction participants.

6.3 Koller reserves the right to combine, separate or omit numbered lots in the catalogue or to offer them out of sequence. Koller reserves the right to sell lots "conditionally" at its sole discretion, in which event the hammer price will be considered as conditional and the highest bidder will remain bound by his bid for 14 days following the auction. The highest bidder will be released from all obligations if he does not receive a statement from Koller within this period declaring the hammer price as final.

6.4 Written bids from potential Purchasers who cannot attend the auction in person are accepted up to 48 hours before the auction begins.

6.5 Potential Purchasers may bid by telephone if they have given written notice at least 48 hours before the auction starts. Koller does not accept telephone bids for lots estimated under CHF 500, and bidders are requested to leave a written bid or participate in the salesroom for such items.

6.6 Potential Purchasers who intend to place their bids in the course of a Live Auction may participate in the auction once their registration applications have been approved by Koller. Koller reserves the right to decline registration applications at its discretion.

6.7 Koller shall not be liable for any bids including advance notifications of telephone bidding which are not taken into consideration. Telephone bidders and persons giving written instructions are also subject to the provisions of Article 5 relating to proof of identity and financial soundness.


7. Transfer of title
Ownership of an auctioned item shall be transferred to the Purchaser as soon as the purchase price and the surcharge (incl. VAT) have been comprehensively paid in Swiss francs and Koller has attributed these payments to the corresponding item.


8. Collection of the auctioned items
8.1 The auctioned items must be collected at the Purchaser›s own expense within 7 days from the end of the auction during official opening hours. The place of performance for the purchase contract between the Purchaser and the Seller is therefore the registered office of Koller. If time permits, the items may be handed over after each auction session. The handover shall take place following comprehensive payment of the purchase price as well as the surcharge (incl. VAT) and the attribution of this sum to the auctioned item by Koller.

8.2 During the aforementioned period, Koller shall be liable for loss, theft, damage or destruction of items which have been auctioned and paid for, although solely due to intentional or grossly negligent acts on the part of Koller, and only up to the total of the auction price, surcharge and VAT. Koller ceases to have liability after the aforementioned period, and the Purchaser shall be responsible for ensuring adequate insurance cover for the auctioned item. No liability can be assumed for frames and glass. If the auctioned items are not collected within 7 days, Koller will store the works at a company of their choice at the purchaser's own risk and expense or on their own premises at a daily rate of CHF 10 per object.

8.3 Shipping orders may be given to Koller in writing. All shipping costs shall be borne by the Purchaser. Unless otherwise agreed in writing, transport insurance shall be contracted for the sold items at the expense of the Purchaser. Glass-covered pictures and fragile items shall not be sent by Koller.


9. Payment for the auctioned items
9.1 The invoice for a successful bid for an auctioned item is payable in Swiss francs within 7 days from the end of the auction. Payments by credit card are only possible with the approval of Koller's accounting department, and are subject to processing fees amounting to between 2 and 4% of the invoiced amount, payable by the purchaser and added to the invoice total.

9.2 Irrespective of the Purchaser's instructions, Koller may use any payments by the Purchaser as settlement for any debt owed by the Purchaser to Koller or the Seller and set off any debt which it owes to the Purchaser against its own claims. If the Purchaser defaults on a payment, default interest of 10% p.a. shall be charged on top of the invoiced sum. If Koller does not receive payment for purchases within seven (7) days following the auction, Koller reserves the right to charge the Purchaser's credit card for the full amount of the invoice, without further notification to the Purchaser. In such cases the credit card processing fees of 2-4% as described above are also applicable, and will be charged to the Purchaser's credit card.

9.3 If the Purchaser does not pay or does not pay promptly, Koller may moreover in its own name and in the Seller›s name either (i) insist on the fulfilment of the purchase agreement or (ii) without further notice withdraw from the purchase agreement and waive the subsequent performance of the Purchaser or assert a claim for compensation for non-performance; in the latter case Koller shall also be entitled, irrespective of any minimum sales price, to sell the item either directly or in an auction, and may use the proceeds to reduce the debts of the Purchaser. Any amount realised above the original hammer price shall be paid out to the Seller. The Purchaser is liable to Koller and the Seller for all prejudice caused by non-payment or late payment.

9.4 Koller retains a right of retention and a lien on all the Purchaser›s items in its custody until full payment of all monies owed. Koller may exercise such liens in accordance with the legislation on the enforcement of debts or by private sale (including in its own name). The plea of prior lien exploitation pursuant to Art. 41 of the Swiss Debt Collection and Bankruptcy Act is excluded.

10. Representation
Each Purchaser shall be personally liable for each bid he places, and for the purchase contract between the Purchaser and the Seller. Proof of the power of representation may be requested from persons bidding as agents for a third party or as an organ of a corporate body. The agent shall be jointly and severally liable with his principal for the fulfilment of all obligations.


11. Miscellaneous provisions
11.1 The auction shall be attended by an official from the city of Zurich. The attending official, the local authority and the state have no liability for the acts of Koller.

11.2 Koller reserves the right to transfer any or all rights and obligations from these Auction Conditions to a third party or to have these carried out by a third party. The bidder and/or Purchaser does not have the right to transfer any rights from these Auction Conditions to a third party.

11.3 Koller reserves the right to publish illustrations and photographs of sold items in its own publications and the media and to publicise its services therewith.
11.4 The aforementioned provisions form part of each individual purchase agreement concluded at the auction. Amendments are binding only with Koller›s written agreement.

11.5 Should certain provisions of these Auction Conditions be or become partially or fully invalid and/or unenforceable, this does not affect the validity of the remaining provisions. The invalid and/or unenforceable provisions shall be replaced by those which most closely approximate the economic meaning and intended economic purpose of said provisions. The same shall be applicable to any possible gaps or loopholes in the provisions.

11.6 The present Auction Conditions and all amendments thereof are governed by Swiss law, under exclusion of possible references to Switzerland's Federal Code on Private International Law (CPIL), and under exclusion of the Vienna C.I.S.G. Convention (UN Convention).

11.7 The courts of the Canton of Zurich shall be exclusively responsible for settling disputes (including the assertion of offsetting and counterclaims) which arise out of or in conjunction with these Auction Conditions (including their validity, legal effect, interpretation or fulfilment). Koller may, however, initiate legal proceedings before any other competent court.

11.8 In the event of any discrepancy between the different language versions of these Auction Conditions, the German language version shall prevail.

Zurich, 1 July 2018

TERMS OF SALE

Your Bid is a binding and legally enforcable contract.

Payment

Payment is due in Swiss Francs upon the close of the auction.

Shipping Terms

Koller will assist in arranging shipping. All costs associated are the responsibility of the buyer.

Buyer's Premium

2. Surcharge

2.1 In addition to the bid price, the Purchaser must pay a surcharge on such bid price calculated as follows:

(i) on a successful bid of up to CHF 10 000: 25 %

(ii) on a successful bid over CHF 10 000 up to CHF 400 000:
25 % on the first CHF 10 000 and 22 % on the difference between CHF 10 000 and the bid.

(iii) on a successful bid over CHF 400 000:
25 % on the first CHF 10 000, 22 % on CHF 390 000 and 15 % on the difference between CHF 400 000 and the bid.

2.2 If the winning bid is placed in the course of an internet live online auction ("Live auctions"), there will be an additional 3% added to the surcharge.

2.3 The Purchaser must pay Swiss value added tax ("VAT") on the surcharge. The stated percentage of the surcharge relates to the successful bid for each individual item.

2.4 The full tax is charged on all items marked * in the auction catalogue, i.e. VAT is charged on the sum of the bid price plus the surcharge for those items. The VAT will be refunded to Purchasers providing a validly stamped export declaration.

2.5 The Purchaser agrees that Koller also receives a commission from the Seller.

VAT

The full tax is charged on all items marked * in the auction catalogue, i.e. VAT is charged on the sum of the bid price plus the surcharge for those items. The VAT will be refunded to Purchasers providing a validly stamped export declaration.

Condition Reports

3.1 The items are auctioned in the condition existing at the time of the successful bid.

3.2 The items are described to the best of our knowledge and belief. However, Koller cannot accept any liability for the details provided in the catalogue. The items can be inspected during the preview. The Purchaser is therefore invited to inspect an item prior to the auction and, possibly with the support of an independent specialist advisor, to form its own opinion of the correspondence between the lot and the catalogue description. For the specifications of the items the print edition of the catalogue in the German language (including any later amendments) shall be exclusively applicable. Koller reserves the right to call in experts or specialists of its choice to give an opinion and to rely upon that opinion. Koller cannot be held liable for the correctness of such opinions. Neither any such expert opinions or reports, nor the descriptions of items provided by Koller or other statements pertaining to an item (including statements pertaining to the value thereof) constitute explicit or implicit warranties.

3.3 Subject to Clause 4 below, no guarantee or warranty whatsoever is given in respect of legal and material defects. The liabilities of the Seller vis-à-vis the Purchaser are limited to the same extent as the liabilities of Koller vis-à-vis the Purchaser.