Page 55 - March 17, 2020 Imperial Jade and Cloisonne, Sotheby's, New York
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5. Per Lot Unless otherwise announced   Sotheby’s may require such necessary   purchaser releases Sotheby’s, its affiliates,
             How to Bid                                                                                                           CONDITIONS OF SALE        by the auctioneer, all bids are per lot as   financial references, guarantees, deposits   agents and warehouses from any and all
                                                                                                                                                            numbered in the catalogue.  and/or such other security, in its absolute   liability and claims for loss of or damage
                                                                                                                                  The following Conditions of Sale and Terms           discretion, as security for your bid(s).  to the property; and (iii) the purchaser
                                                                                                                                  of Guarantee are Sotheby’s, Inc. and the   6. Bidding We reserve the right to reject   agrees to indemnify and hold Sotheby’s, its
                                                                                                                                  Consignor’s entire agreement with the   any bid. The highest bidder acknowledged   7. Online Bids via an Online Platform   affiliates, agents and warehouses harmless
                                                                                                                                  purchaser and any bidders relative to the   by the auctioneer will be the purchaser. The   Sotheby’s may offer clients the opportunity   from and against any and all liability for loss
                                                                                                                                  property listed in this catalogue.   auctioneer has absolute and sole discretion   to bid on sothebys.com or through the   of or damage to property and any all claims
                                                                                                                                   The Conditions of Sale, Terms of   in the case of error or dispute with respect   Sotheby’s App, or on any other online   related to loss of or damage to the property
                                                                                                                                  Guarantee, the glossary, if any, and all other   to bidding, and whether during or after the   platform through which bidding may be   as of and from and after the time Sotheby’s
                                                                                                                                  contents of this catalogue are subject to   sale, to determine the successful bidder, to   made available for selected sales. By   liability for loss or damage to the property
                                                                                                                                  amendment by us by the posting of notices   re-open the bidding, to cancel the sale or   participating in a sale via any of the Online   ceases in accordance with this paragraph.
                                                                                                                                  or by oral announcements made during   to re-offer and re-sell the item in dispute. If   Platforms, you acknowledge that you are   If any applicable conditions herein are
                                                                                                                                  the sale. The property will be offered by   any dispute arises after the sale, our sale   bound by these Conditions of Sale as well   not complied with by the purchaser, the
                                                                                                                                  us as agent for the Consignor, unless the   record is conclusive. In person bidding is   as the Additional Terms and Conditions   purchaser will be in default and in addition
                                                                                                                                  catalogue indicates otherwise.   currently not available for this auction. For   for Online Bidding (“Online Terms”).   to any and all other remedies available to us
                                                                                                                                   By participating in any sale, you   the most up-to-date information regarding   By participating in a sale via any Online   and the Consignor by law, including, without
                                                                                                                                  acknowledge that you are bound by these   in person bidding, please call Sotheby’s or   Platform, Bidders accept the Online Terms,   limitation, the right to hold the purchaser
                                                                                                                                  terms and conditions.     visit Sothebys.com. Bidders are encouraged   as well as the relevant Conditions of Sale.   liable for the total purchase price, including
                                                                                                                                                            to submit bids online on Sothebys.com   Online bidding may not be available for   all fees, charges and expenses more fully
                                                                                                                                  1. As Is Goods auctioned are often of some   or through the Sotheby’s App. In order to   Premium Lots.   set forth herein, we, at our option, may (x)
                                                                                                                                  age. The authenticity of the Authorship   bid online, you must register an account   8. Bids Below Reserve If the auctioneer   cancel the sale of that, or any other lot or
                                                                                                                                  (as defined below) of property listed in   with Sotheby’s and provide requested   deter-mines that any opening bid is below   lots sold to the defaulting purchaser at the
                                                                                                                                  the catalogue is guaranteed as stated in   information. In our discretion we will   the reserve of the article offered, he may   same or any other auction, retaining as
                                                                                                                                  the Terms of Guarantee and except for   execute order or absentee bids and accept   reject the same and withdraw the article   liquidated damages all payments made by
                                                                                                                                  the Limited Warranty contained therein,   telephone bids and online bids via the Online   from sale, and if, having acknowledged   the purchaser, or (y) resell the purchased
                                                                                                                                  all property is sold “AS IS” without any   Platforms as a convenience to clients who   an opening bid, he deter-mines that any   property, whether at public auction or by
                                                                                                                                  representations or warranties by us or the   do not submit their bids online; Sotheby’s is   advance thereafter is insufficient, he may   private sale, or (z) effect any combination
                                                                                                                                  Consignor as to merchantability, fitness for   not responsible for any errors or omissions   reject the advance.  thereof. In any case, the purchaser will be
                                                                                                                                  a particular purpose, the correctness of the   in connection there-with. Prospective   liable for any deficiency, any and all costs,
                                                                                                                                  catalogue or other images or descriptions   bidders should also consult sothebys.com   9. Purchaser’s Responsibility On   handling charges, late charges, expenses of
                                                                                                                                  of the physical condition, size, quality, rarity,   for the most up to date cataloguing of the   the fall of the auctioneer’s hammer, the   both sales, our com-missions on both sales
                                                                                                                                  importance, medium, frame, provenance,   property in this catalogue.  contract between the consignor and the   at our regular rates, legal fees and expenses,
                                                                                                                                  exhibitions, literature or historical relevance   By participating in the sale, you represent   purchaser is concluded, and the winning   collection fees and incidental damages.
                                                                                                                                  of any property and no statement anywhere,   and warrant that any bids placed by you,   bidder thereupon will immediately pay   We may, in our sole discretion, apply any
                                                                                                                                  whether oral or written, whether made in the   or on your behalf, are not the product of   the full purchase price or such part as we   proceeds of sale then due or thereafter
                                                                                                                                  catalogue, an advertisement, a bill of sale,   any collusive or other anti-competitive   may require. Title in a purchased lot will   becoming due to the purchaser from us
                                                                                                                                  a salesroom posting or announcement, or   agreement and are otherwise consistent   not pass until Sotheby’s has received the   or any affiliated company, or any payment
                                                                                                                                  elsewhere, shall be deemed such a warranty,   with federal and state antitrust law.   full purchase price in cleared funds. The   made by the purchaser to us or any affiliated
                                                                                                                                  representation or assumption of liability. We        purchaser’s obligation to immediately pay   company, whether or not intended to reduce
                                                                                                                                  and the Consignor make no representations   By participating in the sale, you represent   the full purchase price or such part as we   the purchaser’s obligations with respect
                                                                                                                                  and warranties, express or implied, as   and warrant that:  may require is absolute and unconditional   to the unpaid lot or lots, to the deficiency
                                                                                                                                  to whether the purchaser acquires any   (a) The bidder and/or purchaser is not   and is not subject to any defenses, setoffs   and any other amounts due to us or any
                                                                                                                                  copyrights, including but not limited to, any   subject to trade sanctions, embargoes   or counterclaims of any kind whatsoever.   affiliated companies. In addition, a defaulting
                                                                                                                                  reproduction rights in any property. We and   or any other restriction on trade in the   Sotheby’s is not obligated to release a lot   purchaser will be deemed to have granted
                                                                                                                                  the Consignor are not responsible for errors   jurisdiction in which it does business as well   to the purchaser until title to the lot has   and assigned to us and our affiliated
                                                                                                                                  and omissions in the catalogue, glossary, or   as under the laws of the European Union,   passed and any earlier release does not   companies, a continuing security interest of
                                                                                                                                  any supplemental material. Sotheby’s will   the laws of England and Wales, or the laws   affect the passing of title or the purchaser’s   first priority in any property or money of or
                                                                                                                                  not be responsible or liable for damage to   and regulations of the United States, and is   unconditional obligation to pay the full   owing to such purchaser in our possession,
                                                                                                                                  frames and glass coverings, regardless of   not owned (nor partly owned) or controlled   purchase price. In addition to other   custody or control or in the possession,
                                                                                                                                  the cause.                by such sanctioned person(s) (collectively,   remedies available to us by law, we reserve   custody or control of any of our affiliated
                                                                                                                                                            “Sanctioned Person(s)”);   the right to impose from the date of sale a   companies, in each case whether at the time
                                                                                                                                  2. Inspection Prospective bidders should             late charge of the annual percentage rate   of the auction, the default or if acquired at
                                                                                                                                  inspect the property before bidding to   (b) Where acting as agent (with Sotheby’s   of Prime + 6% of the total purchase price   any time thereafter, and we may retain and
                                                                                                                                  determine its condition, size, and whether   prior written consent), the principal is not   if payment is not made in accordance with   apply such property or money as collateral
                                                                                                                                  or not it has been repaired or restored.   a Sanctioned Person(s) nor owned (or   the conditions set forth herein. Please note
                  1. BROWSE                       2. REGISTER                  3. BID                                             Property will be available for viewing by   partly owned) or controlled by Sanctioned   Sotheby’s reserves the right to refuse to   security for the obligations due to us or to
                                                                                                                                  appointment only at our New York premises,   Person(s); and  accept payment from a source other than   any affiliated company of ours. We shall have
                                                                                                                                                                                                                 all of the rights accorded a secured party
                  Go to sothebys.com or the       Sign up to place bids.       Bid before and during the auction,                 or such other location as we may indicate   (c) The bidder and/or purchaser undertakes   the buyer of record.  under the New York Uniform Commercial
                  Sotheby’s app to find works                                  from anywhere in the world.                        from time to time. You can schedule a   that none of the purchase price will be funded   Sotheby’s New York office is currently open   Code. You hereby agree that Sotheby’s may
                                                                                                                                  viewing as indicated on our website. Any
                  you are interested in.                                                                                          images and condition reports are provided   by any Sanctioned Person(s), nor will any   on a limited basis by appointment only. All   file financing statements under the New
                                                                                                                                  to assist you with assessing the condition of   party be involved in the transaction including   collections and deliveries for purchased   York Uniform Commercial Code without
                                                                                                                                                                                                                 your signature. Payment will not be deemed
                                                                                                                                                            financial institutions, freight forwarders or
                                                                                                                                  the property and are for guidance only.              property will be handled by Post Sale
                                                                                                                                                            other forwarding agents or any other party   Services in coordination with purchasers   to have been made in full until we have
                                                                                                                                  3. Buyer’s Premium; Overhead Premium    be a Sanctioned Person(s) nor owned (or   after the auction. Unless otherwise agreed   collected good funds. Any claims relating
                                                                                                                                  A buyer’s premium and an overhead   partly owned) or controlled by a Sanctioned   by Sotheby’s, all property must be removed   to any purchase, including any claims
                                                                                                                                  premium will be added to the hammer   Person(s), unless such activity is authorized   from our or our vendor’s premises (as   under the Conditions of Sale or Terms of
                                                                                                                                  price and are payable by the purchaser   in writing by the government authority   indicated on the invoice) by the purchaser   Guarantee, must be presented directly to
                 FOR ASSISTANCE WITH REGISTRATION AND BIDDING                                                                     as part of the total purchase price. The   having jurisdiction over the transaction or in   at his expense not later than 30 calendar   Sotheby’s. In the event the purchaser fails
                 Enquiries@sothebys.com                                                                                           buyer’s premium is 25% of the hammer   applicable law or regulation.  days following the auction. Purchasers are   to pay any or all of the total purchase price
                                                                                                                                                                                                                 for any lot and Sotheby’s nonetheless elects
                                                                                                                                  price up to and including $400,000, 20%
                 US +1 212 606 7000   UK +44 (0) 20 7293 5000   HK +852 2822 8142                                                 of any amount in excess of $400,000 up   In order to bid on “Premium Lots” you   reminded that Sotheby’s liability for loss   to pay the Consignor any portion of the sale
                                                                                                                                                                                       of or damage to sold property shall cease
                                                                                                                                                            must complete the required Premium Lot
                 sothebys.com/bidonline   FOLLOW US @SOTHEBYS                                                                     to and including $4,000,000, and 13.9% of   pre-registration application. Sotheby’s   upon the earlier of (a) 30 calendar days   proceeds, the purchaser acknowledges that
                                                                                                                                  any amount in excess of $4,000,000. The   decision whether to accept any pre-  after the date of the auction and (b) our   Sotheby’s shall have all of the rights of the
                                                                                                                                  overhead premium is 1% of the hammer   registration application shall be final. You   release of the property to the purchaser or   Consignor to pursue the purchaser for any
                                                                                                                                  price.                    must arrange for Sotheby’s to receive   the purchaser’s designated agent. Upon the   amounts paid to the Consignor, whether
                                                                                                                                  4. Withdrawal We reserve the right to   your pre-registration application at least   expiration of such 30 calendar day period or   at law, in equity, or under these Conditions
                                                                                                                                                                                                                 of Sale.
                                                                                                                                                                                       upon such earlier release, as applicable: (i)
                                                                                                                                  withdraw any property before the sale and   three working days before the sale. Please   the purchaser bears full liability for any and
                                                                                                                                  shall have no liability whatsoever for such   bear in mind that we are unable to obtain   all loss of or damage to the property; (ii) the
                                                                                                                                  withdrawal.               financial references over weekends or public
                                                                                                                                                            holidays.
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  CF_19306190_HowToBidCatAd_JUNE2019_standard_5.indd   1                                                     6/19/19   5:32 PM
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