Post-War & Contemporary Art

CONDITIONS OF SALE:

As part of our auction activities, our auction house is required to collect personal data concerning the seller and the buyer. The latter therefore have the right to access, rectify and object to their personal data by contacting our auction house directly.

Our OVV may use this personal data to meet its legal obligations, and, unless the persons concerned object, for the purposes of carrying out its business (in particular, sales and marketing operations). Such data may also be communicated to the competent authorities where required by law.

The general terms and conditions of sale and all related matters are governed solely by French law. Purchasers or their agents agree that any legal action shall fall under the exclusive jurisdiction of the French courts (Paris). The various provisions of the general terms and conditions of sale are independent of each other. The nullity of one of these provisions does not affect the applicability of the others.

Participating in the present public auction implies that all buyers or their proxies, accept and adhere to all the conditions hereinafter stated.

The sale is made in cash (Art. 1650 of the Civil Code) and conducted in euros. A currency conversion system may be set up at the time of the sale.

Counter-values in foreign currencies of bids carried in the room in euros are provided for information only

DEFINITIONS AND GUARANTEES

The indications appearing in the catalog are established by MILLON and the independent experts mentioned in the catalog, subject to the rectifications, notifications and declarations announced at the time of presentation of the lot and recorded in the minutes of the sale.

The dimensions, colors of the reproductions and information on the condition of the object are provided for information only. All indications relating to an incident, accident, restoration or conservatory measure affecting a lot are communicated in order to facilitate its inspection by the potential buyer and remain subject to the latter's entire appreciation. This means that all lots are sold in the condition in which they are at the precise moment of their adjudication with their possible defects and imperfections.

No claim will be admitted once the adjudication has been pronounced, a prior exhibition having enabled purchasers to examine the works presented.

For lots with a low estimate in excess of 2,000 euros listed in the sale catalog, a condition report on the state of conservation of the lots may be provided free of charge on request.

The information contained therein is provided for information purposes only. They do not in any way engage the responsibility of MILLON and the experts.

In the event of a dispute at the time of the bids, i.e. if it is established that two or more bidders have simultaneously made an equivalent bid, either aloud or by sign, and claim the lot at the same time after the word adjugé has been pronounced, the said lot will be re-bid at the price proposed by the bidders and all the public present will be admitted to bid again.

- According to article L321-17 of the French Commercial Code, civil liability claims arising from voluntary sales are subject to a five-year statute of limitations from the date of the auction.

- Only French law is applicable to the present sale. Only French courts are competent to hear any dispute relating to the present sale.

Lots marked with "°" include elephant ivory whose sale is free as it predates 3/03/1947. Purchasers wishing to export the object outside the EU must obtain an export permit in their name from the DRIEE. This is at the buyer's expense.

Lots preceded by a "J" will be subject to a judicial report at the legal buyer's expense of 12% excluding VAT, i.e. 14.40% including VAT.

BIDDERS' AND BIDDERS' CHARTER:

By participating in public auctions at MILLON, bidders, whatever their nationality, undertake to comply with Article 3 nonies of European Council Regulation 2022/428 of March 15, 2022 and its Annex XVIII, namely: A ban on the sale and any direct or indirect transfer to Russia of works of art, antiques and collectors' items.

This ban also applies to cars, wines and spirits, leather goods, clothing and textiles, precious stones, pearls and jewelry, jewelry items, coins and silverware, porcelain, glass and crystalware, watches and musical instruments, as well as electronic and electrical items.

The unit value thresholds applied to this ban are as follows: Works of art, collectors' items and luxury goods: from €300 Land vehicles: from €50,000 (€5,000 for two-wheelers) Electronic items for domestic use: from €750 Electronic sound and image recording devices: from €1,000

By taking part in public auctions at MILLON, bidders accept liability for failure to comply with the above obligations.

MILLON is at your disposal for any further information: Service-client@millon.com or +33 (0)1 48 00 99 44

PURCHASE ORDERS AND BIDS BY TELEPHONE

The taking into account and execution of purchase orders and bids by telephone is a free service provided by MILLON.

MILLON will do its utmost to execute bidding orders sent to it in writing up to 2 hours before the sale.

MILLON will not be held liable for the failure to execute a bidding order or for any error or omission in the execution of such orders. Furthermore, our company will not assume any liability if, in the context of telephone auctions, the telephone connection is interrupted, not established or late.

While MILLON is prepared to record requests for telephone orders at the latest until the end of exhibition hours, it will not assume any liability in the event of non-performance on account of errors or omissions in connection with telephone orders.

We inform our kind clientele that telephone conversations during telephone auctions at Hôtel Drouot may be recorded.

Irrevocable purchase offer:

Any bidder may send the Auction House an irrevocable purchase offer for the purchase of a lot listed in the sale catalog in order to give the Auction House a firm, definitive, irrevocable and unconditional instruction to bid on his behalf up to a certain sum (regardless of the amount of any other bids).

Within this framework it may be agreed that this Author of the Offer will receive an indemnity calculated, either on the hammer price, or corresponding to a lump sum.

If an irrevocable offer to purchase a lot is received by the Auction House before the sale, it will be mentioned in the sale catalog that the lot is the subject of an irrevocable bid. If an irrevocable offer to purchase is received after the sale catalog has been printed, the auction house will announce in the auction room, at the time the lot is put up for auction, that the lot is the subject of an irrevocable bid.

Any third party advising you on the purchase of a lot subject to an irrevocable bid is required to disclose to you, the existence of their financial interest in the lot.

If a third party advises you on the purchase of a lot subject to an irrevocable bid, you must require them to disclose whether or not they have a financial interest in the lot.

Any person who is about to bid on the lot subject to an irrevocable offer to purchase, who holds a direct or indirect, permanent or occasional community of interest with the Author of the Offer, and who would have agreed with the latter on a financial arrangement of such a nature as to hinder the bidding is liable to criminal sanction in accordance with the provisions of article 313-6 of the Penal Code, which states that: "The act, in a public auction, by gifts, promises, agreements or any other fraudulent means, of excluding a bidder or limiting bids or tenders, is punishable by six months' imprisonment and a fine of 22,500 euros. Accepting such gifts or promises is punishable by the same penalties.

Punishable by the same penalties:

1° The fact, in a public auction, of obstructing or disturbing the freedom of bidding or bids, by violence, assault or threats;

2° The fact of proceeding or participating, after a public auction, in a bidding without the assistance of the competent ministerial officer or sworn goods broker or a declared operator of voluntary sales of furniture by public auction. Any attempt to commit the offences provided for in the present article shall be subject to the same penalties."

CAUTION

MILLON reserves the right to require bidders to deposit a security when they register. This deposit will be automatically withdrawn in the absence of payment by the successful bidder within 15 days of the sale (invoice date).

BIDDING VIA DIGITAL PLATFORMS

MILLON cannot be held responsible for the interruption of a Live service during the sale or for any other malfunction likely to prevent a buyer from bidding via a technical platform offering the Live service. The interruption of a Live auction service during the course of a sale does not necessarily justify the auctioneer stopping the auction.

In the event of bids occurring between the blow of the hammer and the adjudication (pronouncement of the word "adjugé" for live auctions), the auctioneer will resume bidding.

For live auctions, i.e. simultaneously in the auction room and online, priority will be given to the bid placed in the auction room in the event of simultaneous bids.

BIDDING LEVELS

Bidding levels - or increments - are left to the discretion of the auctioneer in charge of the sale. If the amount of bids proposed - either physically, by telephone, by firm purchase order, live or by "secret order" deposited on partner relay platforms -, is deemed insufficient, inconsistent with the amount of the previous bid or likely to disrupt the proper conduct, fairness and pace of the sale, the auctioneer may decide not to take them into account.

FEE AT BUYER'S CHARGE

The buyer will pay to MILLON, in addition to the hammer price or hammer price per lot, a degressive auction commission per tranche of:

- 25% excl. tax or 30% incl. tax * Except for:

- The tranche below €2,500: 27.5% excl. tax (or 33% incl. tax *)

Then degressive as follows:

- 20.83% excl. tax (i.e. 25% incl. tax *) from €500,001 to €1,500,000

- 16.66% excl. tax (i.e. 20% incl. tax *) above €1,500,001

*VAT rate in force: 20% Total price = auction price (hammer price) + auction commission

In addition:

- for lots acquired via the Interencheres.com platform, the selling costs payable by the buyer are increased by 3% (excl. VAT) of the hammer price (see CGV of the interencheres platform).

- for lots acquired via the Drouotlive.com platform, the selling costs payable by the buyer are increased by 1.5% (excl. VAT) of the hammer price (see CGV of the Drouotlive.com platform).

- for lots acquired via the Invaluable.com platform, the selling costs payable by the buyer are increased by 3% of the hammer price excluding VAT (see CGV of the Invaluable.com platform).

PURCHASE PAYMENT, INSURANCE, WAREHOUSING AND TRANSPORT

MILLON will only hand over the lots sold to the successful bidder once the total price has been received in full. It is the responsibility of the successful bidder to insure the lots as soon as they are sold, since from that moment onwards the risks of loss, theft, damage or otherwise are the sole responsibility of the bidder.

MILLON declines all responsibility for the damage itself or for the failure of the successful bidder to cover his risks against such damage. Winners are advised to remove their lots promptly. No compensation will be due, in particular for damage to the frames and glass covering the lots. Pedestals are for presentation purposes and do not form an integral part of the work.

DEFERRED REMOVAL OF PURCHASES AND STORAGE:

MILLON will provide free storage for 45 days after the sale. After this period, storage and transfer fees from our premises to our storage facility at 116 bd Louis Armand - 93330 Neuilly sur Marne, will be invoiced to you at the rate of:

- €10 excl. tax / Lot / completed week for a volume greater than 1 M3

- €7 excl. tax / Lot / completed week for a volume less than 1 M3

- €5 excl. tax / Lot / completed week for storage "fitting in the palm of your hand".

These conditions and charges do not apply to lots deposited in Hôtel Drouot storage, the cost of which depends on Hôtel Drouot itself (see Paragraph Sales and storage at Drouot)

Important reminder :

Concerning so-called "Aubaines" sales carried out in our storage facility, free storage will not exceed 15 days.

Concerning sales in Salle VV, (3 rue Rossini 75009 PARIS) : We inform our kind clientele that furniture, carpets and bulky objects will be transferred to our furniture storage warehouse in Neuilly sur Marne (address above) and at the disposal of buyers after full payment of the slip.

TRANSFER REQUEST FOR REMOVAL OUT OF POST-SALE STORAGE:

All requests for the transfer of lots between our Paris addresses and/or our storage facility will be invoiced in addition to the initial purchase slip:

- €15 excl. tax per small lot not exceeding 5 items.

- €40 excl. tax per slip not exceeding 5 purchases and up to 1 M3.

For a larger volume of purchases, any transfer request could only be made after acceptance of an estimate. Furniture is excluded from the so-called "shuttle transferable" lots, but may be subject to delivery estimates. If the transferred lots are not claimed beyond 7 days after their registration at the destination premises, they will be returned to our storage facility without possibility of reimbursement and the free storage periods will resume from the day of the sale.

Long-term storage can be negotiated with our teams (116@millon.com):

FOR ALL INFORMATION: Stéphane BOUSQUET 116, Bd Louis Armand, 93330 Neuilly-sur-Marne 116@millon.com

No delivery or removal of lots will take place without full payment of the provision and storage fees.

SALES AND STORAGE AT THE HOTEL DROUOT

For sales taking place at the Hôtel Drouot, furniture, carpets and bulky or fragile items will be stored at the Magasinage department of the Hôtel Drouot. Access is via 6bis rue Rossini - 75009 Paris and is open Monday to Saturday from 9am to 10am and from 1pm to 6pm.

The Magasinage service at Hôtel Drouot is a service independent of Maison MILLON. This service is subject to a fee, which is payable by the purchaser (information: magasinage@drouot.com)

TIMPORARY IMPORTATION

Purchasers of lots marked with * will be required to pay, in addition to the sale fee, import VAT (5.5% of the hammer price, 20% for jewelry and watches, automobiles, wines and spirits and multiples).

EXIT FROM FRENCH TERRITORY

The exit of a lot from France may be subject to administrative authorization. Obtaining the relevant document is the sole responsibility of the purchaser of the lot covered by this provision. Delay or refusal by the authorities to issue exit documents will not justify the cancellation of the sale, nor a delay in payment, nor a rescission.

If our Company is requested by the buyer or his representative, to make these exit requests, all costs incurred will be the full responsibility of the applicant. This operation will only be a service rendered by MILLON.

Export formalities (certificate applications for cultural property, export license) for subject lots are the responsibility of the buyer and may require a delay of 2 to 3 months.

EXPORTATION AFTER THE SALE

VAT collected as part of the selling expenses or that collected as part of a temporary import of the lot, may be refunded to the successful bidder within the legal time limits on presentation of the documents that justify the export of the lot purchased.

PREEMPTION BY THE FRENCH STATE

In certain cases defined by law, the French State has a right of pre-emption over works sold at public auction. In this case, the French State takes the place of the last bidder provided that the declaration of pre-emption formulated by the state representative in the auction room, is confirmed within fifteen days of the sale.

MILLON cannot be held responsible for pre-emption decisions by the French State.

BIDDERS' RESPONSIBILITY

By bidding on a lot by any of the transmission methods offered by MILLON, bidders assume personal responsibility for paying the hammer price of that lot, plus the auction commission and any duties or taxes due. Bidders are deemed to be acting in their own name and for their own account, unless otherwise agreed prior to the sale and in writing with MILLON.

Subject to the decision of the authorized auctioneer and subject to the final bid being greater than or equal to the reserve price, the last bidder will become the buyer, the blow of the hammer and the pronouncement of the word "adjugé" will materialize the acceptance of the last bid and the formation of the sales contract between the seller and the buyer. The lots awarded will be under the sole responsibility of the successful bidder.

In the event of a dispute on the part of a third party, MILLON may hold the bidder solely responsible for the bid in question and its settlement.

PAYMENT OF THE TOTAL PRICE

MILLON specifies and reminds that the sale by public auction is made in cash and that the successful bidder must immediately pay the total payment of his purchase and this regardless of his wish which would be to remove his lot from French territory (see "Leaving French territory").

Payment may be made as follows:

- in cash up to a limit of €1,000 for French residents / €15,000 for private individuals whose tax domicile is abroad (on presentation of proof);

- by bank or postal cheque with compulsory presentation of valid proof of identity (delivery will only be possible twenty days after payment. Foreign checks are not accepted) ;

- by Visa or Master Card ;

- by online payment: https://www.millon.com/paiement-en-ligne ;

- by bank transfer in euros to the coordinates as follows: DOMICILIATION: NEUFLIZE OBC 3, avenue Hoche - 75008 Paris IBAN FR76 3078 8009 0002 0609 7000 469 BIC NSMBFRPPXXX

For bidders who have bid via the Interenchères.com platform, MILLON will debit the total price of the bidding slip directly from this site within 48 hours of the end of the sale.

LATE PAYMENT

After 30 days (invoice date), any late payment will incur late payment penalties equal to 3 times the legal interest rate as well as a fixed indemnity for collection costs of 40 euros.

MILLON subscribes to the TEMIS service enabling the consultation and supply of the File of restrictions on access to auction sales ("TEMIS File") implemented by the company Commissaires-Priseurs Multimédia (CPM), S.A having its registered office at (75009) Paris, 37 rue de Châteaudun (RCS Paris 437 868 425).

Any auction slip that remains unpaid to MILLON or has been subject to late payment is subject to registration in the TEMIS file

For further information, please consult the TEMIS data protection policy: https://temis.auction/statics/politique-protection-dp-temis.pdf

DEFAULT PAYMENT

In the event of default of payment, if the sale is cancelled or the work is resold on reiteration of the bids under the conditions of article L321-14 of the French Commercial Code, the defaulting bidder shall pay MILLON a fixed indemnity corresponding to (i) the amount of the buyer's costs and (ii) €40 in collection costs, as compensation for the loss suffered, without prejudice to additional damages due to the seller.

MILLON also reserves the right to set off any sums owed by the defaulting successful bidder or to cash any deposit cheques.

EXPEDITION OF PURCHASES

We inform our customers that MILLON does not take charge of any shipment of goods following sales.

For any shipment request, MILLON recommends using its partner carrier (THE PACKENGERS - hello@thepackengers.com) or any other carrier of the customer's choice.

In any case, the shipment of the lot, its handling and storage during transport do not engage the responsibility of MILLON.

If MILLON agrees to take care of the shipment of a good on an exceptional basis, its responsibility cannot be called into question in case of loss, theft or accidents which remains the responsibility of the buyer. Moreover, this shipment will only be carried out upon receipt of a letter discharging MILLON of its responsibility in the future of the object shipped, and will be at the exclusive financial expense of the buyer.

INTELLECTUAL PROPERTY

The sale of a lot does not entail the transfer of reproduction or representation rights of which it may constitute the material support.