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Geoffrey MacEwan (b. 1943)

Lot 101: [§] GEOFF MACEWAN (SCOTTISH B.1943) WINTER 152cm x 121cm (59.75in x 47.5in)

Lyon & Turnbull

January 17, 2018
Edinburgh, United Kingdom

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Description

[§] GEOFF MACEWAN (SCOTTISH B.1943)
WINTER
Signed and inscribed with title verso, oil on canvas
152cm x 121cm (59.75in x 47.5in)

Notes

Note: Born in Edinburgh, Geoff MacEwan trained to be an artist at London''s Goldsmiths College, followed by a 2 year postgraduate fellowship at the Slade School where he was a contemporary of Derek Jarman and Maggie Hambling.

McEwan''s last major one-man show in Scotland was of paintings based on Dante''s Commedia at the Talbot Rice Centre, Edinburgh (1986). At that time he belonged to Andrew Brown''s stable of artists at his 369 Gallery that included Caroline McNairn, Fiona Carlisle, Callum Innes and Rob McLaurin.

He has lived and worked on the Spanish island of Mallorca since 1991 and was awarded a fellowship to work with Juan Miro''s printmaker, Juan Barbera at the Miro Foundation, Palma de Mallorca (1995).

McEwan exhibits regularly, most recently at Oxford''s Ashmolean Museum and Christchurch Gallery, annually at galleries in Palma and Valencia and at ARCO Madrid.

His work is held in private collections in Spain and the UK and in major public collections including: The Victoria and Albert Museum, London; The Gallery of Modern Art, Edinburgh; The Ashmolean Museum, Oxford; The National Library of Scotland; The Scottish Poetry Library, Edinburgh
St John''s College, Oxford; The Miro Foundation, Palma de Mallorca; The Reina Sofia Museum, Madrid; Arte y Naturaleza, Madrid; Benveniste Gallery, Madrid; Joan Oliver Gallery, Mallorca

www.sinclairspress.com

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Modern British and Contemporary Art

by
Lyon & Turnbull
January 17, 2018, 11:00 AM GMT

Edinburgh, United Kingdom

Buyer's Premium

£1 - 100,000: 30.0%
£100,001+: 25.0%

From: To: Increment:
£0 £199 £10
£200 £499 £20
£500 £999 £50
£1,000 £1,999 £100
£2,000 £4,999 £200
£5,000 £9,999 £500
£10,000 £19,999 £1,000
£20,000 £49,999 £2,000
£50,000 £99,999 £5,000
£100,000+ £10,000

Extended Bidding

5 minutes/bid

Conditions of Sale

The Auctioneer carries on business with bidders, Buyers and all those present in the auction room prior to, or in connection with, a sale on the following General Conditions and on such other terms, conditions and notices as may be referred to herein.

1. DEFINITIONS
In these Conditions of Sale (Buyers):
"Auctioneer" means Lyon & Turnbull Ltd or its authorised auctioneer, as appropriate;
"Hammer price" means the level of bidding reached (at or above any reserve) when the Auctioneer brings down the hammer;
"Lot" means each Item offered for sale by Lyon & Turnbull;
"Purchase Price" is the Hammer Price and applicable Buyer's Premium;
"Reserve" means the lowest price below which an item cannot be sold;
"Total amount due" means the hammer price in respect of the lot sold together with any premium, Value Added Tax or other taxes chargeable and any additional charges payable by a defaulting Buyer under these Conditions;
"You", "Your" means the Buyer
"Us", "Our", "We" etc. refers to Lyon & Turnbull Ltd
The singular includes the plural and vice versa as appropriate.

2. AGENCY
Lyon & Turnbull acts as agent solely for and in the interests of the Seller. We do not act for Buyers in this role and does not give advice to Buyers. When Lyon & Turnbull make a statement about a lot it is doing so on behalf of the Seller of the lot.
The Auctioneer normally acts as agent only and disclaims any responsibility for default by Sellers or Buyers.

3. BIDDING PROCEDURES AND THE BUYER
(a) Bidders are required to register their particulars before bidding and to satisfy any security and credit references or arrangements before entering the auction room to view or bid;
(b) The maker of the highest bid accepted by the Auctioneer conducting the sale shall be the Buyer and any dispute shall be settled at the Auctioneer's absolute discretion.
(c) Once made, no bid may be withdrawn.
(d) Our right to bid on behalf of Sellers is expressly reserved up to the amount of any reserve.
(e) The right to refuse any bid is also reserved.
(f) Commission Bids: While prospective Buyers are strongly advised to attend the auction and are always responsible for any decision to bid for a particular lot and shall be assumed to have carefully inspected and satisfied themselves as to its condition we shall, if so instructed, clearly and in writing execute bids on their behalf. Neither the Auctioneer nor our employees nor agents shall be responsible for any failure to do so. Where two or more commission bids at the same level are recorded we reserve the right in our absolute discretion to prefer the first bid so made.
(g) Telephone Bids: If a prospective Buyer makes arrangements with us prior to the commencement of the sale we will use reasonable efforts to contact them to enable them to participate in bidding by telephone. We do not accept liability for failure to do so or for errors and omissions in connections.
(h) Online Bidding: We will use reasonable efforts to carry out online bids and do not accept liability for equipment failure, inability to access the internet or software malfunctions related to execution of online bids/ live bidding.

4. INCREMENTS
Bidding increments shall be at the Auctioneer's sole discretion.

5. THE PURCHASE PRICE
For each lot purchased a Buyer's Premium of 25% is payable on the first £100,000 of the hammer price, 20% thereafter. VAT at the appropriate rate is charged on the Buyer's Premium. No VAT is payable on the hammer price or premium for printed books or unframed maps bought at auction.
Live online bidding is subject to an additional 5% premium (charged by the live bidding service provider Invaluable). This additional premium is subject to VAT at the appropriate rate as above.

6. VALUE ADDED TAX
Value Added Tax is charged at the appropriate rate prevailing by law at the date of sale and is payable by Buyers of relevant lots.
(1) Lots affixed with (†): Value Added Tax on the hammer price is imposed by law on all items affixed with a dagger (†). This imposition of VAT maybe because the Seller is registered for VAT within the European Union and is not operating under a Margin Scheme.
(2) Lots affixed with (*): A reduced rate of Value Added Tax on the hammer price of 5% is payable. This indicates that a lot has been imported from outwith the European Union. This reduced rate is applicable to Antique items.
(3) Lots affixed with [?]: Standard rate of Value Added Tax on the hammer price and premium is payable. This applies to items that have been imported from outwith the European Union and do not fall within the reduced rate category outlined above.

7. DROIT de SUITE
This symbol § indicates works which may be subject to the Droit de Suite or Artist's Resale Right, which took effect in the United Kingdom on 14th February 2006. We are required to collect a royalty payment for all qualifying works of art. Under new legislation which came into effect on 1st January 2012 this applies to living artists and artists who have died in the last 70 years. This royalty will be charged to the Buyer on the hammer price and in addition to the Buyer's premium. It will not apply to works where the hammer price is less than €1,000 (euros). The charge for works of art sold at and above €1,000 (euros) and below €50,000 (euros) is 4%. For items selling above €50,000 (euros), charges are calculated on a sliding scale. All royalty charges are paid to the Design and Artists Copyright Society ('DACS') and no handling costs or additional fees are retained by the auctioneer. Resale royalties are not subject to VAT. Please note that the royalty payment is calculated on the rate of exchange at the European Central Bank on the date of the sale. More information on Droit de Suite is available at www.dacs.org.uk.

8. PAYMENT
(1) Within 7 days of a lot being sold you will:
(a) Pay to us the total amount due in cash or by such other method as is agreed by us. We accept cash, bank transfer (details on request), debit cards and Visa or MasterCard credit cards. We do not accept American Express.
(b) Please note that we cannot accept cash payments over £5,000.
(2) Any payments by you to us may be applied by us towards any sums owing by you to us howsoever incurred and without agreement by you or your agent, whether express or implied.

9. TITLE AND COLLECTION OF PURCHASES
(1) The ownership of any lots purchased shall not pass to you until you have made payment in full to us of the total amount due.
(2) You shall at your own risk and expense take away any lots that you have purchased and paid for not later than 7 working days following the day of the auction or upon the clearance of any cheque used for payment whichever is later. We can provide you with a list of shippers. However, we will not be responsible for the acts or omissions of carriers or packers whether or not recommended by us.
(3) No purchase can be claimed or removed until it has been paid for.
(4) It is the Buyer's responsibility to ascertain collection procedures, particularly if the sale is not being held at our main sale room and the potential storage charges for lots not collected by the appropriate time.
(5) Export of goods: Buyers intending to export goods should ascertain (a) whether an export licence is required and (b) whether there is any specific prohibition on importing goods of that character, e.g. items that may contain prohibited materials such as ivory or rhino horn. It is the buyer's sole responsibility to obtain any relevant export or import licence. The denial of any licence or any delay in obtaining licences shall neither justify the recession of any sale not any delay in making full payment for the lot.

10. REMEDIES FOR NON•PAYMENT OR FAILURE TO COLLECT PURCHASES
(1) If any lot is not paid for in full and taken away in accordance with these Conditions or if there is any other breach of these Conditions, we, as agent for the Sellers and on their behalf, shall at our absolute discretion and without prejudice to any other rights we may have, be entitled to exercise one or more of the following rights and remedies:
(a) to proceed against you for damages for breach of contract;
(b) to rescind the contract for sale of that lot and/or any other lots sold by us to you;
(c) to resell the lot (by auction or private treaty) in which case you shall be responsible for any resulting deficiency in the total amount due (after crediting any part payment and adding any resale costs).
(d) to remove, store and insure the lot in the case of storage, either at our premises or elsewhere and to recover from you all costs incurred in respect thereof;
(e) to charge interest at a rate not exceeding 1.5% per month above the current base rate on all sums outstanding for more than 7 working days after the sale;
(f) to retain that or any other lot sold to you until you pay the total amount due;
(g) to reject or ignore bids from you or your agent at future auctions or to impose conditions before any such bids shall be accepted;
(h) to apply any proceeds of sale of other lots due or which become due to you towards the settlement of the total amount due by you and to exercise a lien over any of your property in our possession for any purpose until the debt due is satisfied.

11. DESCRIPTIONS AND CONDITION
(1) whilst we seek to describe lots accurately, it may be impractical for us to carry out exhaustive due diligence on each lot. Prospective Buyers are given ample opportunities to view and inspect before any sale and they (and any independent experts on their behalf) must satisfy themselves as to the accuracy of any description applied to a lot. Prospective Buyers also bid on the understanding that, inevitably, representations or statements by us as to authorship, genuineness, origin, date, age, provenance, condition or estimated selling price involve matters of opinion. We undertake that any such opinion shall be honestly and reasonably held and only accept liability for opinions given negligently or fraudulently. Subject to the foregoing neither we the auctioneer or our employees or agents accept liability for the correctness of such opinions and no warranties, whether relating to description, condition or quality of lots, express, implied or statutory, are given.

(2) Condition reports: Condition reports are provided on our website or upon request. The absence of a report does not imply that a lot is without imperfections. Large numbers of such requests are received shortly before each sale and department specialists and administration will endeavor to respond to all requests although we offer no guarantee. Any statement in relation to the lot is merely an expression of opinion of the Seller or Lyon & Turnbull and should not be relied upon as an inducement to bid on the lot. Lots are available for inspection prior to the sale and you are strongly advised to examine any lot in which you are interested prior to the sale. Our condition reports are not prepared by professional conservators, restorers or engineers.

(3) Estimates: Estimates are placed on each lot to help Buyers gauge the sums involved for the purchase of a particular lot. Estimates do not include the Buyer's Premium or VAT. Estimates are a matter of opinion and prepared in advance. Estimates may be subject to change are for guidance only and should not be relied upon.

(4) Catalogue Alterations: Lot descriptions and estimates are prepared in advance of the sale and may be subject to change. Any alterations will be announced on the catalogue alteration sheet, made available prior to the sale.

(5) Electrical Goods: are sold as "works of art" only and if bought for use must be checked over for compliance with safety regulations by a qualified electrician first. Use of such goods is entirely at the risk of the Buyer and no warranties as to safety of the goods are given.

(6) Upholstered items: are sold as "works of art" only and if bought for use must be checked over for compliance with safety regulations (items manufactured prior to 1950 are exempt from any regulations). Use of such goods is entirely at the risk of the Buyer and no warranties as to safety of the goods are given.

(7) Special terms may be used in catalogue descriptions of particular classes of items (Books, Jewellery, Paintings, Guns, Firearms etc.) in which case the descriptions must be interpreted in accordance with any glossary appearing in the catalogue. These notices and terms will also form part of our terms and conditions of sales.

12. BOOKS, CLOCKS & WATCHES
(1) Books-Collation: If on collation any NAMED item in the sale catalogue proves defective, in text or illustration the Buyer may reject the lot provided he returns it within 21 days of the sale stating the defect in writing. This, however, shall not apply in the case of unnamed items, periodicals, autographed letters, music M.M.S., maps, drawings NOR in respect of damage to bindings, stains, foxing, marginal worm holes or other defects not affecting the completeness of the text NOR in respect of Defects mentioned in the catalogue, or at the time of sale, NOR in respect of lots sold for less than £300.

(2) Clocks & Watches: All lots are sold "as seen", and the absence of any reference to the condition of a clock or watch does not imply that the lot is in good condition and without defects, repairs or restorations. Most clocks and watches have been repaired in the course of their normal lifetime and may now incorporate parts not original to them. Furthermore, Lyon & Turnbull makes no representation or warranty that any clock or watch is in working order. As clocks and watches often contain fine and complex mechanisms, bidders should be aware that a general service, change of battery or further repair work, for which the Buyer is solely responsible, may be necessary. Bidders should also be aware that Lyon & Turnbull cannot guarantee a watch will remain waterproof if the back is removed. Bidders should be aware that the importation of watches such as Rolex, Frank Muller and Corum into the United States is highly restricted. These watches may not be shipped to the USA and can only be imported personally.


13. CITES
Please be aware that all lots marked with the symbol Y are subject to CITES regulations when exporting these items outside the EU. These regulations may be found at http://www.defra.gov.uk/ahvla-en/imports-exports/cites/

14. SALE BY PRIVATE TREATY
(a) The same Conditions of Sale (Buyers) shall apply to sales by private treaty.
(b) Private treaty sales made under these Conditions are deemed to be sales by auction and subject to our agreed charges for Sellers and Buyers.
(c) Lyon & Turnbull undertakes to inform the Seller of any offers it receives in relation to an item prior to any Proposed Sale, excluding the normal method of commission bids.
(d) For the purposes of a private treaty sale, if a lot is sold in any other currency than Sterling, the exchange rate is to be taken on the date of sale.

15. THIRD PARTY LIABILITY
All members of the public on our premises are there at their own risk and must note the lay-out of the accommodation, safety and security arrangements. Accordingly, neither the Auctioneer nor our employees or agents shall incur liability for death or personal injury or similarly for the safety of the property of persons visiting prior to, or at, a sale.

16. GENERAL
(a) We shall have the right at our discretion, to refuse admission to our premises or attendance at our auctions by any person.
(b) Any notice to any Buyer, Seller, bidder or viewer may be given by email if not available then first class mail in which case it shall be deemed to have been received by the addressee 48 hours after posting.
(c) Notices to Lyon & Turnbull should be in writing and addressed to Nick Curnow at 33 Broughton Place, Edinburgh EH1 3RR, quoting the reference number specified at the beginning of the sale catalogue.
(d) Should any provision of these Conditions of Sale be held unenforceable for any reason, the remaining provisions shall remain in full force and effect.
(e) These Conditions of Sale are not assignable by either party without the other's prior written consent. No act, omission or delay by Lyon & Turnbull shall be deemed a waiver or release of any of its rights.
(f) The contract between the parties may be varied by the parties by agreement and in writing.

17. DATA PROTECTION
In connection with the management and operation of our business and the marketing and supply of Lyon & Turnbull's services, or as required by law, we may ask the Buyer to provide personal information about themselves or obtain information about the Buyer from third parties (e.g. credit information). Lyon & Turnbull will not give out personal information except as may be required by law.
If you would like further information on Lyon & Turnbull policies on personal data, or to make corrections to your information, please contact us on +44 (0)131 557 8844.

18. LAW AND JURISDICTION
(a) Governing Law: These Conditions of Sale and all aspects of all matters, transactions or disputes to which they relate or apply shall be governed by, and interpreted in accordance with, Scots law
(b) Jurisdiction: The Buyer agrees that the Courts of Scotland are to have exclusive jurisdiction to settle all disputes arising in connection with all aspects of all matters or transactions to which these Conditions of Sale relate or apply.

Except as stated in the Limited Warranty in paragraph 5 below, all property is sold "as is" without any representation or warranty of any kind by Kamelot or the seller. Buyers are responsible for satisfying themselves concerning the condition of the property and the matters referred to in the catalogue entry.
(a) Examination of property
Prospective buyers are strongly advised to examine personally any property in which they are interested, before the auction takes place. If a bidder is unable to view an item in person, they are responsible for obtaining/requesting a condition report and/or additional photographs prior to bidding to determine an article's condition, size and any other pertinent information. We strive to be fair and forthright with our descriptions and condition reports, however bidders must acknowledge that antique items often show normal signs of use and wear, which might not be specified in a condition report. If you have very particular taste, it is advisable that you inspect items in person, as your definition of condition may be more exacting than a specialist could have time to verify.
(b) Condition reports
Our specialists will respond to condition report requests as quickly as possible, however please be patient. We get many requests and we make every effort to respond to all of them in a timely fashion. Kamelot reserves the right to reject a condition report/additional photograph requests in which, in our opinion, the value of the object is not commensurate with the time necessary to complete the request.
(c) Catalogue and other descriptions
All statements by us in the catalogue entry for the property or in the condition report, or made orally or in writing elsewhere, are statements of opinion and are not to be relied on as statement of fact. Such statements do not constitute a representation, warranty or assumption of liability by us of any kind. References in the catalogue entry or the condition report to damage or restoration are for guidance only. The absence of such a reference does not imply that an item is free from defects or restoration, nor does a reference to particular defects imply the absence of any others. Estimates of the selling price should not be relied on as a statement that this is the price at which the item will sell or its value for any other purpose. Except as set forth in paragraph 5 below, neither Kamelot nor the seller is responsible in any way for errors and omissions in the catalogue or any supplemental material.
(d) Reserves
Unless otherwise indicated, lots offered may be subject to a reserve, which is the confidential minimum price below which the lot will not be sold. The reserve will not exceed the low estimate printed in the catalogue.
All unreserved bidding starts at 50% of the low estimate unless there are two or more competing absentee bids at a price higher than that. (For example, a lot estimated at $1,000 - $1,500, with no reserve, will normally open at $500. If there are two absentee bids for $600 and $800, the lot must sell for $650, even if there is no further bidding from the phone, internet or from the live audience.
(a) Absentee bids
Kamelot requires all absentee bids be submitted no later than 7:00pm on the business day prior to the auction. If you fax your absentee bids, please call to confirm receipt. All absentee bidding is handled as though you are in attendance. Kamelot will purchase all designated lots for you one bidding increment above where competition stops. Absentee bidding is a convenience offered to our customers and, while we will make every effort to execute your instructions, Kamelot Auctions is not liable or responsible for any errors or failure to do so.
(b) Phone bids
Kamelot requires all phone bids be submitted no later than 7:00pm on the business day prior to the auction. If you fax your phone bids, please call to confirm receipt. One of the reasons people bid by phone is to monitor how much they are spending. However, if you bid by phone, you must be willing to bid to the low estimate should the bidding go that far. There is no exception to this rule. All requests for overseas telephone lines must be accompanied by absentee bids, which will be executed on the buyer's behalf, should there be a problem executing the telephone bid.
(c) Internet bids
Kamelot Auctions is able to provide live bidding via kamelotauctions.com, eBay Live or Live Auctioneers. However, the user of these sites indemnifies and holds Kamelot Auctions and its consignors harmless against any claim arising out of or resulting from your use of any or all of these sites, including all losses, damages, liabilities, and all fees (including attorney's fees), costs, and expenses incurred in connection with any claim. Under no circumstances, including, but not limited to, negligence, shall Kamelot Auctions and its consignors be liable for lost profits or any special, incidental, or consequential damages that result from the use of, or the inability to use, these sites.
3. AFTER THE SALE
(a) Sales results
Results are available by phone and on the web at www.kamelotauctions.com. Sales results are available no earlier than 2 p.m. on the first business day following the auction or as soon as the Auction House has audited and verified all sales. Please do not call prior to this time for results, as they will not be given out under any circumstances. We thank you for your understanding in this matter.
(b) Buyer's premium
A buyer's premium of 25% will be added to the successful bid price of each lot that you purchase, (a higher buyer&rwquo;s premium may be added for live internet bidding) and is payable by you, along with applicable tax which, is applied to the total cost of your purchase. Buyers will be required to pay the State of Pennsylvania Sales Tax of 6% as well as the City of Philadelphia Sales Tax of 2% for a total of 8% at the time of payment unless the items are shipped out of the state of Pennsylvania or the buyer provides Kamelot with a valid Tax Exemption Number and fills out an Exemption Certificate (available upon request). This is Pennsylvania State Law and applies to anyone picking up items, regardless if you live or bid on the items outside the state of Pennsylvania.
(c) Payment and passing of title
All successful bidders will be sent invoices by mail or e-mail the first business day after the auction. All payments are due immediately upon receipt of invoice and should be received by Kamelot Auctions no later than 5 business days after the auction. Acceptable payment methods include cash, certified checks, money orders, or personal check. We do not acccept credit cards or PayPal. The only acceptable method of payment for purchases made outside the U.S. is a bank wire/bank transfer. For invoices mor than $1000.00, there is no additional fee for this service. For invoices less than $1,00, please include an additional $25 wire fee. WE will forward our bank wiring information after completion of the auction. Thank you for your understanding and cooeration.
(d) Remedies for non-payment
If the buyer fails to make payment in full in good cleared funds within the time required by paragraph (c) above, we shall be entitled in our absolute discretion to exercise one or more of the following rights or remedies (in addition to asserting any other rights or remedies available to us by law):
(i) to charge interest at such rate as we shall reasonably decide;
(ii) to hold the defaulting buyer liable for the total amount due and to commence legal proceeding for its recovery together with interest, legal fees and costs to the fullest extent permitted under applicable law;
(iii) to cancel the sale
(e) Pickups
The week following the sale, Kamelot will provide labor to help assist buyers/shippers with their purchases however, buyers and/or their shippers, must pack/wrap and load their items. If items are picked up after the first week, please be aware that labor may not be available to assist buyers/shippers with their purchases. Normal pickup hours are Monday - Friday 10:00am - 4:00pm. All purchases must be removed within 15 after an auction. Property that is not removed within 15 business days of the sale will be moved to a storage facility at the buyer's risk and expense. The buyer will thereafter be assessed a storage charge of $10 per day. All associated charges must be paid in full before the property will be released. Property that has been paid for but remains unclaimed for more than 120 days will become the property of Kamelot Auctions.
(f) Shipping
Kamelot does not provide in-house shipping, but will assist bidders in arranging for the shipment of their items by providing a list of reputable shippers. All pickups or shipping arrangements should be made at the time of payment, but no later than 10 business days from the sale.
(g) Export license
Unless otherwise agreed by us in writing, the fact that the buyer wishes to apply for an export license does not affect his or her obligation to make payment immediately upon receipt of an invoice, nor our right to charge interest or storage charges on late payment. If the buyer requests us to apply for an export license on his or her behalf, we shall be entitled to make a charge for this service. We shall not be obliged to rescind a sale nor to refund any interest or other expenses incurred by the buyer in circumstances where an export license is required.
We agree to refund the purchase price in the circumstances of the Limited Warranty set out in paragraph 5 below. Apart from that, neither the seller nor we, nor any or our officers, employees or agents, are responsible for the correctness of any statement of whatever kind concerning any lot, whether written or oral, nor for any other errors or omissions in description or for any faults or defects in any lot. Except as stated in paragraph 5 below, neither the seller, ourselves, our officers, employees or agents, give any representation, warranty or guarantee or assume any liability of any kind in respect of any lot with regard to merchantability, fitness for a particular purpose, description, size, quality, condition, attribution, authenticity, rarity, importance, medium, provenance, exhibition history, literature or historical relevance. Except as required by local law any warranty of any kind whatsoever is excluded by this paragraph.
Subject to the terms and conditions of this paragraph Kamelot warrants for a period of 30 days from the date of the sale that any artwork described in this catalogue (as such description may be amended by any saleroom notice or announcement) which is stated without qualification to be the work of a named author or authorship, is authentic and not a forgery. Within those 30 days, Kamelot will allow the buyer to submit, at his own expense, an opinion in writing from a recognized expert, approved by Kamelot and the purchaser, regarding authenticity. Such inspection must be performed in person and not be based on photographs, facsimile, email or a verbal description. In the event the work is judged inauthentic by the expert, the work may be returned in the same condition as at time of sale and the buyer's full purchase price will be refunded. Refunds shall not include costs of transportation, insurance or other expenses that may have been incurred by the buyer. It is the buyer's responsibility to make payment in a timely fashion such that the property can be released and inspected within this 30 day time frame. Should the buyer not do so, or should the buyer request Kamelot to delay shipment, should he give an incorrect shipping address, or be unavailable to receive shipment, the 30 day warranty shall still apply. The term "author"or "authorship" refers to the creator of the property or to the period, culture, source or origin, as the case may be, with which the creation of such property is identified in the description of the property in this catalogue. Kamelot's warranty does not apply to supplemental material, which appears below the heading of each lot, and Kamelot is not responsible for any errors or omissions in such material. The terms used in the headings are further explained in Notices and Explanation of Cataloguing Practice. The warranty does not apply to any heading that is stated to represent a qualified opinion.
The copyright in all images, illustrations and written material produced by or for Kamelot relating to a lot including the contents of this catalogue, is and shall remain at all times the property of Kamelot and shall not be used by the buyer, nor by anyone else, without our prior written consent. Kamelot and the seller make no representation or warranty that the buyer of a property will acquire any copyright or other reproduction rights in it.
If any part of these Conditions of Sale is found by any court to be invalid, illegal or unenforceable, that part shall be discounted and the rest of the conditions shall continue to be valid to the fullest extent permitted by law.
The rights and obligation of the parties with respect to these Conditions of Sale, the conduct of the auction and any matters connected with any of the foregoing shall be governed and interpreted by the laws of the jurisdiction in which the auction is held. By bidding at auction, whether present in person or by agent, by written bid, telephone or other means, the buyer shall be deemed to have submitted, for the benefit of Kamelot, to the exclusive jurisdiction of the courts of that country, state, county or province, and (if applicable) of the federal courts sitting in such state.
Notices and Explanation of Cataloguing Practices
Artwork is subject to the guarantees and conditions contained in this catalog.
Condition reports are provided as a service to interested clients. Prospective buyers should note that descriptions of property are not warranties and that each lot is sold "as is."
FOR PICTURES, DRAWINGS, PRINTS AND MINIATURES
1. Henry Bayley Snell
In Kamelot's opinion a work by the artist.
2. Attributed to Henry Bayley Snell*
In Kamelot's qualified opinion a work of the period of the artist which may be in whole or part the work of the artist.
3. Circle of Henry Bayley Snell*
In Kamelot's qualified opinion a work of the period of the artist and closely related in his style.
4. Studio of
Workshop of Henry Bayley Snell*
In Kamelot's qualified opinion a work possibly executed under the supervision of the artist.
5. School of Henry Bayley Snell*
In Kamelot's qualified opinion a work by a pupil or follower of the artist.
6. Manner of Henry Bayley Snell*
In Kamelot's qualified opinion a work in the style of the artist, possibly of a later period.
7. After Henry Bayley Snell*
In Kamelot?s qualified opinion a copy of the work of the artist.
8. 'signed'
Has a signature which in Kamelot's qualified opinion is the signature of the artist.
9. 'bears signature'
Has a signature which in Kamelot's qualified opinion might be the signature of the artist.
10. 'dated'
Is so dated and in Kamelot's qualified opinion was executed at about that date.
11. 'bears date'
Is so dated and in Kamelot's qualified opinion may have been executed at about that date.

Credit Cards Cont'd

Please be aware that entering your credit card details on registration is for security purposes only. You may be contacted again by us if you are the winning bidder.

We may, at our option, also ask you to provide a bank reference and/or deposit.

By registering for the sale, the buyer acknowledges that he or she has read, understood and accepted our Conditions of Sale.

Contract

Your bid constitutes your acceptance of Lyon & Turnbull's conditions of sales. Your bid is a binding and legally enforceable contract.

Payment

(1) Within 7 days of a lot being sold you will:
(a) Pay to us the total amount due in cash or by such other method as is agreed by us. We accept cash, bank transfer (details on request), debit cards and Visa or MasterCard credit cards. We do not accept American Express.
(b) Please note that cash payments are limited to £5,000.
(2) Any payments by you to us may be applied by us towards any sums owing by you to us howsoever incurred and without agreement by you or your agent, whether express or implied.

Shipping

Please note that we do not pack or ship items. The following suggested carriers will be able to arrange packing and shipping but please contact them directly to receive a quote for costs. You may wish to contact an alternative courier.

ANTIQUES, PAINTINGS & WORKS OF ART
Mailboxes ETC
http://www.mbe.co.uk/auctionroom
Telephone: 0131 556 6226
44/46 Morningside Road
Edinburgh, EH10 4BF
[email protected]

FURNITURE, PAINTINGS & WORKS OF ART
Aardvark Art Services Ltd
[email protected]
01253 794 673

ART & ANTIQUES
Pack & Send Edinburgh East
53 Elm Row
Leith Walk
Edinburgh, EH7 4AH
Tel: 0131 201 2244
[email protected]
www.packsend.co.uk/edinburgheast

PAINTINGS & WORKS OF ART
Gallery Support Group
Unit 4, 89 Manor Farm Road
Wembley
London HA0 1BA
Tel:+ 44 (0) 20 305 307 53
[email protected]

FURNITURE & WORKS OF ART
Constantine Moving Services
01236 430 681
Constantine House
North Caldeen Road
Coatbridge, ML5 4EF
[email protected]

FURNITURE & WORKS OF ART
A Van Man Transport
01202 600 012
Unit 5, Benridge Park
Holyrood Close, Creekmoor
Poole, Dorset, BH17 7BD
[email protected]

Buyer's Premium

For each lot purchased a Buyer's Premium of 25% is payable on the first £100,000 of the hammer price, 20% thereafter. VAT at the appropriate rate is charged on the Buyer's Premium. No VAT is payable on the hammer price or premium for printed books or unframed maps bought at auction.

Live online bidding is subject to an additional 5% premium (charged by the live bidding service provider Invaluable). This additional premium is subject to VAT at the appropriate rate as above.

Tax

Value Added Tax is charged at the appropriate rate prevailing by law at the date of sale and is payable by Buyers of relevant lots.

(1) Lots affixed with (†): Value Added Tax on the hammer price is imposed by law on all items affixed with a dagger (†). This imposition of VAT maybe because the Seller is registered for VAT within the European Union and is not operating under a Margin Scheme.

(2) Lots affixed with (*): A reduced rate of Value Added Tax on the hammer price of 5% is payable. This indicates that a lot has been imported from outwith the European Union. This reduced rate is applicable to Antique items.

(3) Lots affixed with [?]: Standard rate of Value Added Tax on the hammer price and premium is payable. This applies to items that have been imported from outwith the European Union and do not fall within the reduced rate category outlined above.

Descriptions & Condition

(1) whilst we seek to describe lots accurately, it may be impractical for us to carry out exhaustive due diligence on each lot. Prospective Buyers are given ample opportunities to view and inspect before any sale and they (and any independent experts on their behalf) must satisfy themselves as to the accuracy of any description applied to a lot. Prospective Buyers also bid on the understanding that, inevitably, representations or statements by us as to authorship, genuineness, origin, date, age, provenance, condition or estimated selling price involve matters of opinion. We undertake that any such opinion shall be honestly and reasonably held and only accept liability for opinions given negligently or fraudulently. Subject to the foregoing neither we the auctioneer or our employees or agents accept liability for the correctness of such opinions and no warranties, whether relating to description, condition or quality of lots, express, implied or statutory, are given.

(2) Condition reports: Condition reports are provided on our website or upon request. The absence of a report does not imply that a lot is without imperfections. Large numbers of such requests are received shortly before each sale and department specialists and administration will endeavor to respond to all requests although we offer no guarantee. Any statement in relation to the lot is merely an expression of opinion of the Seller or Lyon & Turnbull and should not be relied upon as an inducement to bid on the lot. Lots are available for inspection prior to the sale and you are strongly advised to examine any lot in which you are interested prior to the sale. Our condition reports are not prepared by professional conservators, restorers or engineers.

(3) Estimates: Estimates are placed on each lot to help Buyers gauge the sums involved for the purchase of a particular lot. Estimates do not include the Buyer's Premium or VAT. Estimates are a matter of opinion and prepared in advance. Estimates may be subject to change are for guidance only and should not be relied upon.

(4) Catalogue Alterations: Lot descriptions and estimates are prepared in advance of the sale and may be subject to change. Any alterations will be announced on the catalogue alteration sheet, made available prior to the sale.

(5) Electrical Goods: are sold as "works of art" only and if bought for use must be checked over for compliance with safety regulations by a qualified electrician first. Use of such goods is entirely at the risk of the Buyer and no warranties as to safety of the goods are given.

(6) Upholstered items: are sold as "works of art" only and if bought for use must be checked over for compliance with safety regulations (items manufactured prior to 1950 are exempt from any regulations). Use of such goods is entirely at the risk of the Buyer and no warranties as to safety of the goods are given.

(7) Special terms may be used in catalogue descriptions of particular classes of items (Books, Jewellery, Paintings, Guns, Firearms etc.) in which case the descriptions must be interpreted in accordance with any glossary appearing in the catalogue. These notices and terms will also form part of our terms and conditions of sales.

12. BOOKS, CLOCKS & WATCHES
(1) Books-Collation: If on collation any NAMED item in the sale catalogue proves defective, in text or illustration the Buyer may reject the lot provided he returns it within 21 days of the sale stating the defect in writing. This, however, shall not apply in the case of unnamed items, periodicals, autographed letters, music M.M.S., maps, drawings NOR in respect of damage to bindings, stains, foxing, marginal worm holes or other defects not affecting the completeness of the text NOR in respect of Defects mentioned in the catalogue, or at the time of sale, NOR in respect of lots sold for less than £300.

(2) Clocks & Watches: All lots are sold "as seen", and the absence of any reference to the condition of a clock or watch does not imply that the lot is in good condition and without defects, repairs or restorations. Most clocks and watches have been repaired in the course of their normal lifetime and may now incorporate parts not original to them. Furthermore, Lyon & Turnbull makes no representation or warranty that any clock or watch is in working order. As clocks and watches often contain fine and complex mechanisms, bidders should be aware that a general service, change of battery or further repair work, for which the Buyer is solely responsible, may be necessary. Bidders should also be aware that Lyon & Turnbull cannot guarantee a watch will remain waterproof if the back is removed. Bidders should be aware that the importation of watches such as Rolex, Frank Muller and Corum into the United States is highly restricted. These watches may not be shipped to the USA and can only be imported personally.

For Sale from Lyon & Turnbull