Page 49 - Nov 2019 Christie's Hong Kong a Falancai Imperial Bowl.

of wildlife are marked with the symbol ~ in the (b) (i) We are not responsible to you for any reason exercise of that or any other right or remedy. No
catalogue. This material includes, among other things, (whether for breaking this agreement or any other single or partial exercise of such right or remedy
ivory, tortoiseshell, crocodile skin, rhinoceros horn, matter relating to your purchase of, or bid for, any shall prevent or restrict the further exercise of that or
whalebone certain species of coral, and rosewood. lot) other than in the event of fraud or fraudulent any other right or remedy.
You should check the relevant customs laws and misrepresentation by us or other than as expressly
regulations before bidding on any lot containing set out in these conditions of sale; and 9 LAW AND DISPUTES
wildlife material if you plan to import the lot into (ii) We do not give any representation, warranty or The rights and obligations of the parties with
another country. Several countries refuse to allow guarantee or assume any liability of any kind in respect respect to these Conditions of Sale, the conduct of
you to import property containing these materials, of any lot with regard to merchantability, fitness for a the auction and any matters connected with any
and some other countries require a licence from particular purpose, description, size, quality, condition, of the foregoing shall be governed and interpreted
the relevant regulatory agencies in the countries of attribution, authenticity, rarity, importance, medium, by the Hong Kong laws. By bidding at auction,
exportation as well as importation. In some cases, the provenance, exhibition history, literature, or historical whether present in person or by agent, by written
lot can only be shipped with an independent scientific relevance. Except as required by local law, any bid, telephone or other means, the buyer shall
confirmation of species and/or age and you will need to warranty of any kind is excluded by this paragraph. be deemed to have accepted these Conditions
obtain these at your own cost. If a lot contains elephant (c) In particular, please be aware that our written and submitted, for the benefit of Christie’s, to the
ivory, or any other wildlife material that could be and telephone bidding services, Christie’s LIVE™, exclusive jurisdiction of the Hong Kong courts, and
confused with elephant ivory, (for example, mammoth condition reports, currency converter and saleroom also accepted that Christie’s also has the right to
ivory, walrus ivory, helmeted hornbill ivory) please see video screens are free services and we are not pursue remedies in any other jurisdiction in order to
further important information in paragraph (c) if you responsible to you for any error (human or otherwise), recover any outstanding sums due from the buyer.
are proposing to import the lot into the USA. We will omission, breakdown, or delay, unavailability,
not be obliged to cancel your purchase and refund suspension or termination of any of these services. 10 REPORTING ON WWW.CHRISTIES.COM
the purchase price if your lot may not be exported, (d) We have no responsibility to any person other Details of all lots sold by us, including catalogue
imported or it is seized for any reason by a government than a buyer in connection with the purchase of any descriptions and prices, may be reported on www.
authority. It is your responsibility to determine and lot. christies.com. Sales totals are hammer price plus
satisfy the requirements of any applicable laws or (e) If, in spite of the terms in paragraphs (a) to (d) buyer’s premium and do not reflect costs, financing
regulations relating to the export or import of property or E2(i) above, we are found to be liable to you for fees, or application of buyer’s or seller’s credits. We
containing such protected or regulated material. any reason, we shall not have to pay more than the regret that we cannot agree to requests to remove
(d) US import ban on African elephant ivory purchase price paid by you to us. We will not be these details from www.christies.com.
The USA prohibits the import of ivory from the African responsible to you for any reason for loss of profits
elephant. Any lot containing elephant ivory or other or business, loss of opportunity or value, expected K GLOSSARY
wildlife material that could be easily confused with savings or interest, costs, damages, or expenses. auctioneer : individual auctioneer and/or Christie’s.
elephant ivory (for example, mammoth ivory, walrus authentic : a genuine example, rather than a copy or
ivory, helmeted hornbill ivory) can only be imported J OTHER TERMS forgery of:
into the US with results of a rigorous scientific test 1 OUR ABILITY TO CANCEL (i) the work of a particular artist, author or
acceptable to Fish & Wildlife, which confirms that In addition to the other rights of cancellation manufacturer, if the lot is described in the Heading as
the material is not African elephant ivory. Where we contained in this agreement, we can cancel a sale the work of that artist, author or manufacturer;
have conducted such rigorous scientific testing on of a lot if we reasonably believe that completing the (ii) a work created within a particular period or
a lot prior to sale, we will make this clear in the lot transaction is, or may be, unlawful or that the sale culture, if the lot is described in the Heading as a
description. In all other cases, we cannot confirm places us or the seller under any liability to anyone work created during that period or culture;
whether a lot contains African elephant ivory, and you else or may damage our reputation. (iii) a work for a particular origin source if the lot is
will buy that lot at your own risk and be responsible described in the Heading as being of that origin or
for any scientific test or other reports required 2 RECORDINGS source; or
for import into the USA at your own cost. If such We may videotape and record proceedings at any (iv) in the case of gems, a work which is made of
scientific test is inconclusive or confirms the material auction. We will keep any personal information a particular material, if the lot is described in the
is from the African elephant, we will not be obliged to confidential, except to the extent disclosure is required Heading as being made of that material.
cancel your purchase and refund the purchase price. by law. However, we may, through this process, use authenticity warranty : the guarantee we give in
(e) Lots of Iranian origin or share these recordings with another Christie’s this agreement that a lot is authentic as set out in
Some countries prohibit or restrict the purchase and/ Group company and marketing partners to analyse section E2 of this agreement.
or import of Iranian-origin “works of conventional our customers and to help us to tailor our services for buyer’s premium : the charge the buyer pays us
craftsmanship” (works that are not by a recognized buyers. If you do not want to be videotaped, you may along with the hammer price.
artist and/or that have a function, for example: make arrangements to make a telephone or written catalogue description : the description of a lot in
carpets, bowls, ewers, tiles, ornamental boxes). bid or bid on Christie’s LIVE™ instead. Unless we the catalogue for the auction, as amended by any
For example, the USA prohibits the import of this agree otherwise in writing, you may not videotape or saleroom notice.
type of property and its purchase by US persons record proceedings at any auction. Christie’s Group : Christie’s International Plc, its
(wherever located). Other countries, such as Canada, subsidiaries and other companies within its corporate
only permit the import of this property in certain 3 COPYRIGHT group.
circumstances. As a convenience to buyers, Christie’s We own the copyright in all images, illustrations condition : the physical condition of a lot.
indicates under the title of a lot if the lot originates and written material produced by or for us relating due date : has the meaning given to it paragraph
from Iran (Persia). It is your responsibility to ensure to a lot (including the contents of our catalogues F1(a).
you do not bid on or import a lot in contravention of unless otherwise noted in the catalogue). You cannot estimate : the price range included in the catalogue
the sanctions or trade embargoes that apply to you. use them without our prior written permission. We or any saleroom notice within which we believe a lot
(f) Gold do not offer any guarantee that you will gain any may sell. Low estimate means the lower figure in the
Gold of less than 18ct does not qualify in all copyright or other reproduction rights to the lot. range and high estimate means the higher figure.
countries as ‘gold’ and may be refused import into The mid estimate is the midpoint between the two.
those countries as ‘gold’. 4 ENFORCING THIS AGREEMENT hammer price : the amount of the highest bid the
(g) Watches If a court finds that any part of this agreement is not auctioneer accepts for the sale of a lot.
Many of the watches offered for sale in this catalogue valid or is illegal or impossible to enforce, that part of Heading : has the meaning given to it in paragraph E2.
are pictured with straps made of endangered or the agreement will be treated as being deleted and lot : an item to be offered at auction (or two or more
protected animal materials such as alligator or the rest of this agreement will not be affected. items to be offered at auction as a group).
crocodile. These lots are marked with the symbol ^ other damages : any special, consequential,
in the catalogue. These endangered species straps 5 TRANSFERRING YOUR RIGHTS AND incidental or indirect damages of any kind or any
are shown for display purposes only and are not for RESPONSIBILITIES damages which fall within the meaning of ‘special’,
sale. Christie’s will remove and retain the strap prior You may not grant a security over or transfer your ‘incidental’ or ‘consequential’ under local law.
to shipment from the sale site. At some sale sites, rights or responsibilities under these terms on the purchase price : has the meaning given to it in
Christie’s may, at its discretion, make the displayed contract of sale with the buyer unless we have given paragraph F1(a).
endangered species strap available to the buyer of the our written permission. This agreement will be provenance : the ownership history of a lot.
lot free of charge if collected in person from the sale binding on your successors or estate and anyone qualified : has the meaning given to it in paragraph
site within 1 year of the date of the sale. Please check who takes over your rights and responsibilities. E2 and Qualified Headings means the section
with the department for details on a particular lot. headed Qualified Headings on the page of
6 TRANSLATIONS the catalogue headed ‘Important Notices and
For all symbols and other markings referred to in If we have provided a translation of this agreement, Explanation of Cataloguing Practice’.
paragraph H2, please note that lots are marked as a we will use the English version in deciding any reserve : the confidential amount below which we
convenience to you, but we do not accept liability for issues or disputes which arise under this agreement. will not sell a lot.
errors or for failing to mark lots. saleroom notice : a written notice posted next to
7 PERSONAL INFORMATION the lot in the saleroom and on www.christies.com,
I OUR LIABILITY TO YOU We will hold and process your personal information which is also read to prospective telephone bidders
(a) We give no warranty in relation to any and may pass it to another Christie’s Group and notified to clients who have left commission
statement made, or information given, by us or our company for use as described in, and in line with, our bids, or an announcement made by the auctioneer
representatives or employees, about any lot other privacy policy at www.christies.com. either at the beginning of the sale, or before a
than as set out in the authenticity warranty and, as particular lot is auctioned.
far as we are allowed by law, all warranties and other 8 WAIVER Subheading : has the meaning given to it in
terms which may be added to this agreement by law No failure or delay to exercise any right or remedy paragraph E2.
are excluded. The seller’s warranties contained in provided under these Conditions of Sale shall UPPER CASE type : means having all capital letters.
paragraph E1 are their own and we do not have any constitute a waiver of that or any other right or warranty : a statement or representation in which
liability to you in relation to those warranties. remedy, nor shall it prevent or restrict the further the person making it guarantees that the facts set
out in it are correct.
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