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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