MAHLER GUSTAV (1860-1911) - Lot 113

50 - ARISTOPHIL COLLECTIONS - MUSIC - AUTOGRAPHS & MUSIC MANUSCRIPTS

CONSULTATION BY APPOINTMENT

NEUILLY-SUR-SEINE

FROM MONDAY JUNE 13 (EXCEPT WEEKENDS)

PUBLIC EXHIBITION :

WEDNESDAY JUNE 22: 10AM TO 1PM - 2PM TO 6PM

THE MORNING OF THE SALE FROM 10 AM TO 12 PM

AUCTIONEERS :

CLAUDE AGUTTES - SOPHIE PERRINE

IN CHARGE OF THE SALE :

SOPHIE PERRINE, Authorized Auctioneer

perrine@aguttes.com

+33 (0)1 41 92 06 44

Assisted by

Maud Vignon

+33 (0)1 47 45 91 59

EXPERT :

THIERRY BODIN

FRENCH UNION OF PROFESSIONAL EXPERTS IN WORKS OF ART

+33 (0)1 45 48 25 31

lesautographes@wanadoo.fr

INFORMATION AND COLLECTION OF PURCHASES :

QUITERIE BARIÉTY

+33 (0)1 47 45 00 91

bariety@aguttes.com

Purchased lots will become available only after full payment has

been made. The sale will be conducted in Euros. In addition to the

hammer price, the buyer agrees to pay a buyer’s premium along with

any applicable value added tax. The buyer’s premium is 25% + VAT

amounting to 30% (all taxes included) . Books (25% + VAT amounting

to 26,375%). The buyers via the live platforms will pay, in addition to

the bids and the buyers' fees an additional commission which will

be entirely paid back to the platforms (see paragraph: Auctions via

Drouot Digital or other live platforms).

NB :

+ Auction by order of the court further to a prescription of the

court, buyers fees 14,28% VTA included.

° Lots on which the auction house or its partners have a financial

interest

* Lots which have been temporarily imported and are subject

to a buyer’s fee of 5.5% (20% for jewelry, motorcars, wines and

spirits and multiples – F1 helmet) in addition to the hammer

price and sale fees.

~ This lot contains plant species or animal materials from

endangered species. Import restrictions are to be expected

and must be considered.

The legislator imposes strict rules for the commercial use of inert

animal species. The international regulations of March 3, 1973 (CITES)

requires for different annexes a correlation between the specimen and

the documentation proving the origins to be lawful. This regulation

transcribed in European Community law (Annexes A / B / C) in Rule

338 / 97 of 9 / 12 / 1996 permits commercial use of regulated specimens

(CITES) upon presentation of documentation proving lawful origin;

these documents for this variation are as follows :

• For Annex A : C / C provided outlining the specimen’s history (for

specimens of recent date)

• For Annex B : Bird specimens are either banded or equipped with

transponders, and are accompanied by documents of licit origin.

The auction’s sale record must be conserved as it contains the

complete history of every specimen.

All cases concerning specimens of recent date that are protected

under the French Environmental Code and which were born and

raised in captivity are permitted by the derogation clause AM of

14 / 07 / 2006. As such, they can be used commercially provided

traceability between the specimen and the documentation proving

licit origins. Other specimen cases dating prior to clause AM of

21 / 07 / 2015 can, due to this fact, be used commercially. Specimens

dating before 1947 included in this auction sale benefit from clause

2M of the derogatory Rule 228 / 97 of 9 / 12 / 1996, permitting their use

for trade. However, exporting them outside of the EU them requires

a pre-CITES Convention agreement.

For huntable species of the European continent and elsewhere,

commercial use is allowed under certain conditions. Domesticated

species (D) included in this auction sale are free for trade. Old

specimens from before the Convention (i.e. before 1975) comply with

the conditions of the AM of 23 / 12 / 2011 and, as such, are free for trade.

The other specimens in this auction sale are not subject to NR

regulations and are free for commercial use and trade. The auction

record will substantiate their licit origin.

To leave the EU, with regards to the Annexes I / A, II / B et III / C, a CITES

re-export document at the expense of the acquirer will be necessary.

GUARANTEES

In accordance with the law, the information given in the catalogue is

the responsibility of SAS Claude AGUTTES and its expert, taking into

account the corrections announced at the time of the presentation

of the item in the sale report.

Attributions were made according to scientific and artistic knowledge

at the time of the auction.

The order of the catalog will be followed.

An exhibition prior to the sale permits buyers to establish the conditions

of the works offered for sale. However in this period of pandemie the

photos are worth exhibition, and no claims will be admitted once the

award is pronounced. The reproductions in the catalog of works are

as faithful as possible, a difference in color or tones is nevertheless

possible. The dimensions are only given as an indication.

The text in French is the official text which will be retained in case of

dispute. The descriptions in other languages and the indications of

dimensions in inches are given only as an indication and cannot be

at the origin of a complaint.

The state of conservation of the works is not specified in the catalog,

the buyers are therefore obliged to ask for additional photos, videos

and / or condition reports. No claim will be accepted concerning

possible restorations or accidents once the auction has been

pronounced.

The condition reports requested from SAS Claude Aguttes and the

expert before the sale are given for information only. They do not

engage their responsibilities and cannot be the cause of a legal claim.

Under no circumstances do they replace the personal examination

of the work by the buyer or his representative. Unless expressly

mentioned on the description of the lot about: the functioning of

the clockwork as well as

the presence of the keys is not is not guaranteed in any way.

BIDS

The highest and final bidder will be the purchaser.

Should the auctioneer recognize two simultaneous bids on one lot, the

lot will be put up for sale again and all those present in the saleroom

may participate in this second opportunity to bid.

Important : Bidding is typically conducted in the auction house.

However, we may graciously accept telephone bids from potential

buyers who have made the request.

We bear no responsibility whatsoever in the case of uncompleted

calls made too late and / or technical difficulties with the telephone.

We also accept absentee bids submitted prior to the sale. Aguttes

won’t be held responsible in case of errors and omissions with the

execution of the written bids. We reserve the right to accept or deny

any requests for telephone or absentee bidding.

In carrying a bid, bidders assume their personal responsibility to pay

the hammer price as well as all buyer’s fees and taxes chargeable

to the buyer. Unless a written agreement established with Claude

AGUTTES SAS, prerequisite to the sale, mentioning that the bidder

acts as a representative of a third party approved by Claude AGUTTES

SAS, the bidder is deemed to act in his or her own name. We remind

our sellers that bidding on their own items is forbidden.

Important : During the confinement period, sales are made behind

closed doors with live transmission.

TELEPHONE BIDDING : We accept to receive telephone bids from a

potential buyer who has come forward prior to the sale. We cannot be

held liable in particular if the telephone connection is not established,

is established late, or in the event of errors or omissions relating to

the reception of bids by telephone.

ORDERS TO BUY : We accept the bidding orders that have been

transmitted. We are not liable in particular in the event of an error

or omission in the written order.

BIDS THROUGH DROUOT DIGITAL OR OTHER LIVE PLATFORM

Online auctions are available. These are carried out on the drouot.com

website, which is a technical platform allowing remote participation

in auctions by electronic means. It is necessary to register beforehand

and to ensure that the registration is validated. A bidding ceiling may

be announced depending on the sales, it is advisable to deposit a

deposit beforehand in order to bid freely during the sale. The buyer

via this platform or any other platform proposed for live purchases

is informed that the fees charged by these platforms will be at his

expense. The buyer via the Drouot Digital platform (or any other

platform proposed for live purchases) is informed that the fees

charged by these platforms will be at his exclusive charge. As an

indication, for Drouot digital, a commission of 1.80% including VAT

(1.5% excluding VAT and VAT) and for Invaluable, a commission of 3%

including VAT (2.4% excluding VAT and 0.60% VAT). Aguttes may not

be held responsible for the interruption of a Live service during a sale

or for any other malfunction that may 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's stopping the auction.

COLLECTION OF PURCHASES

The lots not claimed on the day of the auction can be retrieved by

appointment : please contact the person in charge.

For lots placed in warehouses, costs and expenses will be at the

buyer’s charge.

For lots stored at Aguttes except specific conditions if mentioned –

buyers are advised that the following storage costs will be charged :

- 15 € / day for lots < € 10,000, and 30 € / day for lots > € 10,000

- 3 € / day for any other lot < 1m3 & 5 € / day / m3 for the ones > 1m3.

Buyers are advised to collect successful lots by the carrier of their

choice as soon as possible to avoid handling and storage costs

which will be required before collection of purchase. In case of

impossibility to remove the batches due to the current sanitary crisis,

these deadlines will exceptionally be extended according to a specific

agreement with the sales department concerned.

The auctioneer is not responsible for the storage of purchased lots.

If payment is made by wire transfer, lots may not be withdrawn until

the payment has been cleared, foreign cheques are not accepted.

From the moment the hammer falls, sold items will become the

exclusive responsability of the buyer. The buyer will be solely

responsible for the insurance, L’Hôtel des Ventes de Neuilly assumes

no liability for any damage to items which may occur after the

hammer falls.

The purchased lots will be delivred to the buyer in person. Should the

buyer wish to have his / her lot delivered to a third party the person

must have a letter of authorization along with a photocopy of the

identity card of the buyer.

Export formalities can take 4 months to process and are the buyer’s

responsability. Please contact the Hôtel des ventes de Neuilly if you

need more information concerning this particular matter.

PAYMENT

We recommend that buyers pay by credit card or electronic bank

transfer.

In compliance with Article L.321-14 of French commercial law, a

property sold at auction can be delivered to the buyer only once the

auction firm has received payment or complete guarantee of payment.

Legally accepted means of payment include :

• Cash (article L.112-6, L.112-8 and Article Article L.112-8 paragraph

2 of the Monetary and Financial Code)

· max. 1 000 €

· max. 15 000 € for private individuals who have their tax domicile

abroad (upon presentation of a valid passport)

• Payment on line (max 10 000 €) : http://www.aguttes.com/paiement/

index.jsp

• Electronic bank transfer

The exact amount of the invoice from the buyer’s account and

indicating the invoice number. (Note : Bank charges are the

buyer’s responsibility.)

Banque de Neuflize, 3 avenue Hoche 75008

Titulaire du compte : Claude AGUTTES SAS

Code Banque 30788 – Code guichet 00900

N° compte 02058690002 – Clé RIB 23

IBAN FR76 3078 8009 0002 0586 9000 223

BIC NSMBFRPPXXX

• Credit cards : bank fees, which usually range from 1 to 2 %, are the

buyer’s responsibility

• American Express : 2.95%TTC commission will be charged.

• Distance payments and multi-payments for one lot with the same

card are not allowed

• Cheques (if no other means of payment is possible)

· Upon presentation of two pieces of identification

· Important : Delivery is possible after 20 days

· Cheques will be deposited immediately. No delays will be

accepted

· Payment with foreign cheques will not be accepted

PAYMENT DEFAULT

Settlements are cash.

In the event of late payment on winning bids SAS CLAUDE AGUTTES

will claim the legal rate of interest, plus five percent. A minimum fee

of €500 will also be due for any other costs incurred by reason of

default, including the following in the case of resale on false bidding :

- The difference between the price at which the lot was auctioned

and the price obtained at its resale;

- The costs incurred by new auctioning.

LAW AND JURISDICTION

In accordance with the law, it is added that all actions in public

liability instituted on the occasion of valuation and of voluntary

and court-ordered auction sales are barred at the end of five years

from the hammer price or valuation. These Conditions of purchase

are governed by French law exclusively. Any dispute relating to their

existence, their validity and their binding effect on any bidder or buyer

shall be submitted to the exclusive jurisdiction of the Courts of France.

If a customer feels that he or she has not received a satisfactory response, he or she is advised to contact the head of the relevant department

directly, as a matter of priority. In the absence of a response within the specified time limit, the customer may then contact customer service

at serviceclients@aguttes.com, which is attached to the Quality Department of SVV Aguttes.