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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,TDM 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 byTDM against any

amounts owed toTDM by the Buyer for the lot;

(d) reject future bids from the Buyer;

(e) charge interest at 4% per annum above HSBC 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 atTDM’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 inTDM’s possession,

applying the sale proceeds to any amounts owed by the Buyer

toTDM.TDM 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 atTDM’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,TDM will

re-sell the lot by auction or privately, with estimates and

reserves atTDM’s discretion.The sale proceeds, less allTDM’s

costs, will be forfeited unless collected by the Buyer within 2

years of the original auction.

11. Data Protection

(a) TDM will use information supplied by Bidders or otherwise

obtained lawfully byTDM 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 byTDM are the copyright ofTDM.

(b) These Conditions of Business are not assignable by any Buyer

withoutTDM’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 ofTDM.

If Thomas Del Mar Ltd. sells an item of Property which is

later shown to be a “Counterfeit”, subject to the terms

belowThomas Del Mar Ltd. will rescind the sale and refund

the Buyer the total amount paid by the Buyer to Thomas Del

Mar Ltd. for that Property, up to a maximum of the

Purchase Price. The Guarantee lasts for one (1) year 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 inThomas Del Mar

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, recolouring, 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 reports

produced by the Buyer, and reserves the right to seek

additional expert advice at its own expense. In the event

Thomas Del Mar 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 byThomas

Del Mar Ltd.

(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

Thomas Del Mar 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) notifyThomas Del Mar Ltd. in writing within one (1)

month of receiving any informationthat 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 toThomas Del Mar 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.Thomas Del Mar Ltd. has

discretion to waive any of the above requirements.

Thomas Del Mar 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

Thomas Del Mar Ltd.Thomas Del Mar 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 eventThomas Del Mar 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 byThomas Del Mar Ltd.

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Thomas Del Mar Ltd.‘s Authenticity Guarantee