Page 50 - jingyatang sculptures march2018

by the auctioneer will be the purchaser. The defenses, seto" s or counterclaims of any collected good funds. Any claims relating
CONDITIONS OF SALE auctioneer has absolute and sole discretion kind whatsoever. Sotheby’s is not obligated to any purchase, including any claims
in the case of error or dispute with respect to release a lot to the purchaser until title to under the Conditions of Sale or Terms of
The following Conditions of Sale and Terms to bidding, and whether during or after the the lot has passed and any earlier release Guarantee, must be presented directly
of Guarantee are Sotheby’s, Inc. and the sale, to determine the successful bidder, to does not a" ect the passing of title or the to Sotheby’s. In the event the purchaser
Consignor’s entire agreement with the re-open the bidding, to cancel the sale or purchaser’s unconditional obligation to pay fails to pay any or all of the total purchase
purchaser and any bidders relative to the to re-o" er and re-sell the item in dispute. If the full purchase price. In addition to other price for any lot and Sotheby’s nonetheless
property listed in this catalogue. any dispute arises after the sale, our sale remedies available to us by law, we reserve elects to pay the Consignor any portion
The Conditions of Sale, Terms of record is conclusive. In our discretion we the right to impose from the date of sale a of the sale proceeds, the purchaser
Guarantee, the glossary, if any, and all other will execute order or absentee bids and late charge of the annual percentage rate acknowledges that Sotheby’s shall have
contents of this catalogue are subject to accept telephone bids and online bids via of Prime + 6% of the total purchase price all of the rights of the Consignor to pursue
amendment by us by the posting of notices BIDnow, eBay, Invaluable or other online if payment is not made in accordance with the purchaser for any amounts paid to the
or by oral announcements made during platforms as a convenience to clients who the conditions set forth herein. Please note Consignor, whether at law, in equity, or
the sale. The property will be o" ered by are not present at auctions; Sotheby’s is Sotheby’s reserves the right to refuse to under these Conditions of Sale.
us as agent for the Consignor, unless the not responsible for any errors or omissions accept payment from a source other than
catalogue indicates otherwise. in connection there with. Prospective the buyer of record. 10.!Reserve All lots in this catalogue are
By partici pating in any sale, you bidders should also consult sothebys.com Unless otherwise agreed by Sotheby’s, o" ered subject to a reserve, which is the
acknowledge that you are bound by these for the most up to date cataloguing of the all property must be removed from con# dential minimum hammer price at
terms and conditions. property in this catalogue. our premises by the purchaser at his which a lot will be sold. No reserve will
By participating in the sale, you represent expense not later than 30 calendar days exceed the low presale estimate stated
1.!As Is!Goods auctioned are often and warrant that any bids placed by you, following its sale. Buyers are reminded in the catalogue, or as amended by oral
of some age. The authenticity of the or on your behalf, are not the product of that Sotheby’s liability for loss or damage or posted notices. We may implement
Authorship (as de# ned below) of property any collusive or other anti-competitive to sold property shall cease no later than such reserve by opening the bidding on
listed in the catalogue is guaranteed as agreement and are otherwise consistent 30 calendar days after the date of the behalf of the Consignor and may bid up
stated in the Terms of Guarantee and with federal and state antitrust law. auction. If any applicable conditions herein to the amount of the reserve, by placing
except for the Limited Warranty contained In order to bid on “Premium Lots” you are not complied with by the purchaser, successive or consecutive bids for a lot,
therein, all property is sold “AS IS” without must complete the required Premium Lot the purchaser will be in default and in or bids in response to other bidders. In
any representations or warranties by us or pre-registra tion application. Sotheby’s addition to any and all other remedies instances where we have an interest in the
the Consignor as to merchantability, # tness decision whether to accept any pre- available to us and the Consignor by law, lot other than our commission, we may bid
for a particular purpose, the correctness registration application shall be # nal. You including, without limitation, the right up to the reserve to protect such interest.
of the catalogue or other description of must arrange for Sotheby’s to receive to hold the purchaser liable for the total In certain instances, the Consignor may
the physical condition, size, quality, rarity, your pre-registration application at least purchase price, including all fees, charges pay us less than the standard commission
importance, medium, frame, provenance, three working days before the sale. Please and expenses more fully set forth herein, rate where a lot is “bought-in” to protect
exhibitions, literature or historical relevance bear in mind that we are unable to obtain we, at our option, may (x) cancel the sale its reserve.
of any property and no statement # nancial references over weekends or of that, or any other lot or lots sold to the
anywhere, whether oral or written, whether public holidays. defaulting purchaser at the same or any 11.!Tax Unless exempted by law, the
made in the catalogue, an advertisement, Sotheby’s may require such necessary other auction, retaining as liquidated purchaser will be required to pay the
a bill of sale, a salesroom posting or # nancial references, guarantees, deposits damages all payments made by the combined New York State and local sales
announcement, or elsewhere, shall be and/or such other security, in its absolute purchaser, or (y) resell the purchased tax, any applicable compensating use tax
deemed such a warranty, representation discretion, as security for your bid(s). property, whether at public auction or by of another state, and if applicable, any
or assumption of liability. We and the private sale, or (z) e" ect any combination federal luxury or other tax, on the total
Consignor make no representations 7.!Online Bids via BIDnow or other Online thereof. In any case, the purchaser will purchase price. The rate of such combined
and warranties, express or implied, as Platforms: Sotheby’s may o" er clients be liable for any de# ciency, any and all tax is 8.875% in New York City and ranges
to whether the purchaser acquires any the opportunity to bid online via BIDnow, costs, handling charges, late charges, from 7% to 8.625% elsewhere in New York.
copyrights, including but not limited to, eBay, Invaluable or other Online Platforms expenses of both sales, our com missions
any reproduction rights in any property. for selected sales. By participating in a on both sales at our regular rates, legal
12.!Export and Permits It is the
We and the Consignor are not responsible sale via any of these Online Platforms, you fees and expenses, collection fees and purchaser’s sole responsibility to identify
for errors and omissions in the catalogue, acknowledge that you are bound by these incidental damages. We may, in our sole
and obtain any necessary export,
glossary, or any supplemental material. Conditions of Sale as well as the Additional discretion, apply any proceeds of sale import, # rearm, endangered species or
Sotheby’s will not be responsible or liable Terms and Conditions for Live Online then due or thereafter becoming due to
other permit for the lot. Any symbols
for damage to frames and glass coverings, Bidding (“Online Terms”). By participating the purchaser from us or any a* liated or notices in the sale catalogue re$ ect
regardless of the cause. in a sale via any Online Platform, Bidders company, or any payment made by the
Sotheby’s reasonable opinion at the
accept the Online Terms, as well as the purchaser to us or any a* liated company, time of cataloguing and are for bidders’
2.!Inspection Prospective bidders should relevant Conditions of Sale. Online bidding whether or not intended to reduce the general guidance only; Sotheby’s and the
inspect the property before bidding to may not be available for Premium Lots. purchaser’s obligations with respect to Consignor make no representations or
determine its condition, size, and whether the unpaid lot or lots, to the de# ciency warranties as to whether any lot is or is not
or not it has been repaired or restored. 8.!Bids Below Reserve If the auctioneer and any other amounts due to us or subject to export or import restrictions or
deter mines that any opening bid is below any a* liated companies. In addition, a any embargoes.
3.!Buyer’s Premium A buyer’s premium the reserve of the article o" ered, he may defaulting purchaser will be deemed to
will be added to the hammer price and is reject the same and withdraw the article have granted and assigned to us and our 13.!Governing Law and Jurisdiction These
payable by the purchaser as part of the from sale, and if, having acknowledged a* liated companies, a continuing security Conditions of Sale and Terms of Guarantee,
total purchase price. The buyer’s premium an opening bid, he deter mines that any interest of # rst priority in any property or as well as bidders’, the purchaser’s and
is 25% of the hammer price up to and advance thereafter is insu* cient, he may money of or owing to such purchaser in our respective rights and obligations
including $300,000, 20% of any amount reject the advance. our possession, custody or control or in hereunder, shall be governed by and
in excess of $300,000 up to and including the possession, custody or control of any construed and enforced in accordance
$3,000,000, and 12.9% of any amount in 9.!Purchaser’s Responsibility Subject of our a* liated companies, in each case with the laws of the State of New York. By
excess of $3,000,000. to ful# ll ment of all of the conditions set whether at the time of the auction, the bidding at an auction, whether present in
forth herein, on the fall of the auctioneer’s default or if acquired at any time thereafter, person or by agent, order bid, telephone,
4.!Withdrawal We reserve the right to hammer, the contract between the and we may retain and apply such property online or other means, all bidders including
withdraw any property before the sale and consignor and the purchaser is concluded, or money as collateral security for the the purchaser, shall be deemed to have
shall have no liability whatsoever for such and the winning bidder thereupon will obligations due to us or to any a* liated consented to the exclusive jurisdiction of
withdrawal. immediately pay the full purchase price company of ours. We shall have all of the the state courts of, and the federal courts
or such part as we may require. Title in a rights accorded a secured party under sitting in, the State of New York. All parties
5.!Per Lot Unless otherwise announced purchased lot will not pass until Sotheby’s the New York Uniform Commercial Code. agree, however, that Sotheby’s shall retain
by the auctioneer, all bids are per lot as has received the full purchase price in You hereby agree that Sotheby’s may # le the right to bring proceedings in a court
# nancing statements under the New York
numbered in the catalogue. cleared funds. The purchaser’s obligation other than the state and federal courts
to immediately pay the full purchase price Uniform Commercial Code without your sitting in the State of New York.
or such part as we may require is absolute signature. Payment will not be deemed
6.!Bidding We reserve the right to reject
and unconditional and is not subject to any to have been made in full until we have
any bid. The highest bidder acknowledged
48 JINGYATANG: TREASURES OF CHINESE BUDDHIST SCULPTURE