Page 306 - Sotheby's Important Chinese Art, Sept. 21-22, 2-21, NYC
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HOW TO BID
                                                                                                                                         CONDITIONS OF SALE       to and including $4,000,000, and 13.9%   Sanctioned Person(s), unless such   Sotheby’s New York office is currently
                                                                                                                                                                  of any amount in excess of $4,000,000.   activity is authorized in writing by the   open on a limited basis by appointment
                                                                                                                                         The following Conditions of Sale and   The overhead premium is 1% of the   government authority having jurisdiction   only. All collections and deliveries for
                                                                                                                                         Terms of Guarantee are Sotheby’s, Inc.   hammer price.  over the transaction or in applicable law or   purchased property will be handled by
                                                                                                                                         and the Consignor’s entire agreement   4. Withdrawal We reserve the right to   regulation.  Post Sale Services in coordination with
                                                                                                                                         with the purchaser and any bidders   withdraw any property before the sale   In order to bid on “Premium Lots” you   purchasers after the auction. Unless
                                                                                                                                         relative to the property listed in this   and shall have no liability whatsoever for   must complete the required Premium   otherwise agreed by Sotheby’s, all
                                                                                                                                         catalogue.               such withdrawal.         Lot pre-registration application.   property must be removed from our
                                                                                                                                          The Conditions of Sale, Terms of                 Sotheby’s decision whether to accept   or our vendor’s premises (as indicated
                                                                                                                                         Guarantee, the glossary, if any, and   5. Per Lot Unless otherwise announced   any pre-registration application shall be   on the invoice) by the purchaser at his
                                                                                                                                         all other contents of this catalogue   by the auctioneer, all bids are per lot as   final. You must arrange for Sotheby’s to   expense not later than 30 calendar days
                                                                                                                                         are subject to amendment by us   numbered in the catalogue.  receive your pre-registration application   following the auction. Purchasers are
                                                                                                                                         by the posting of notices or by oral              at least three working days before the   reminded that Sotheby’s liability for loss
                                                                                                                                         announcements made during the sale.   6. Bidding We reserve the right to   sale. Please bear in mind that we are   of or damage to sold property shall cease
                                                                                                                                         The property will be offered by us as   reject any bid. The highest bidder   unable to obtain financial references over   upon the earlier of (a) 30 calendar days
                                                                                                                                         agent for the Consignor, unless the   acknowledged by the auctioneer will   weekends or public holidays.  after the date of the auction and (b) our
                                                                                                                                         catalogue indicates otherwise.   be the purchaser. The auctioneer has      release of the property to the purchaser
                                                                                                                                          By participating in any sale, you   absolute and sole discretion in the   Sotheby’s may require such necessary   or the purchaser’s designated agent.
                                                                                                                                         acknowledge that you are bound by   case of error or dispute with respect to   financial references, guarantees,   Upon the expiration of such 30 calendar
                                                                                                                                         these terms and conditions.  bidding, and whether during or after the   deposits and/or such other security, in   day period or upon such earlier release,
                                                                                                                                                                  sale, to determine the successful bidder,   its absolute discretion, as security for   as applicable: (i) the purchaser bears full
                                                                                                                                                                  to re-open the bidding, to cancel the   your bid(s).
                                                                                                                                         1. As Is Goods auctioned are often   sale or to re-offer and re-sell the item in   liability for any and all loss of or damage
                                                                                                                                         of some age. The authenticity of the              7. Online Bids via an Online Platform   to the property; (ii) the purchaser
                                                                                                                                         Authorship (as defined below) of   dispute. If any dispute arises after the   Sotheby’s may offer clients the   releases Sotheby’s, its affiliates, agents
                                                                                                                                                                  sale, our sale record is conclusive. In
                                                                                                                                         property listed in the catalogue is               opportunity to bid on sothebys.com   and warehouses from any and all liability
                                                                                                                                         guaranteed as stated in the Terms   person bidding is currently not available   or through the Sotheby’s App, or on   and claims for loss of or damage to
                                                                                                                                                                  for this auction. For the most up-to-
                                                                                                                                         of Guarantee and except for the                   any other online platform through   the property; and (iii) the purchaser
                                                                                                                                         Limited Warranty contained therein,   date information regarding in person   which bidding may be made available   agrees to indemnify and hold Sotheby’s,
                                                                                                                                                                  bidding, please call Sotheby’s or visit
                                                                                                                                         all property is sold “AS IS” without any          for selected sales. By participating in   its affiliates, agents and warehouses
                                                                                                                                         representations or warranties by us or   Sothebys.com. Bidders are encouraged   a sale via any of the Online Platforms,   harmless from and against any and all
                                                                                                                                                                  to submit bids online on Sothebys.com
                                                                                                                                         the Consignor as to merchantability,              you acknowledge that you are bound   liability for loss of or damage to property
                                                                                                                                         fitness for a particular purpose, the   or through the Sotheby’s App. In order to   by these Conditions of Sale as well as   and any all claims related to loss of or
                                                                                                                                                                  bid online, you must register an account
                                                                                                                                         correctness of the catalogue or other             the Additional Terms and Conditions   damage to the property as of and from
                                                                                                                                         images or descriptions of the physical   with Sotheby’s and provide requested   for Online Bidding (“Online Terms”).   and after the time Sotheby’s liability for
                                                                                                                                                                  information. In our discretion we will
                                                                                                                                         condition, size, quality, rarity, importance,     By participating in a sale via any Online   loss or damage to the property ceases
                                                                                                                                         medium, frame, provenance, exhibitions,   execute order or absentee bids and   Platform, Bidders accept the Online   in accordance with this paragraph. If
                                                                                                                                                                  accept telephone bids and online bids via
                                                                                                                                         literature or historical relevance of any         Terms, as well as the relevant Conditions   any applicable conditions herein are
                                                                                                                                         property and no statement anywhere,   the Online Platforms as a convenience   of Sale. Online bidding may not be   not complied with by the purchaser,
                                                                                                                                                                  to clients who do not submit their bids
                                                                                                                                         whether oral or written, whether made             available for Premium Lots.   the purchaser will be in default and in
                                                                                                                                         in the catalogue, an advertisement,   online; Sotheby’s is not responsible for   addition to any and all other remedies
                                                                                                                                                                  any errors or omissions in connection
                                                                                                                                         a bill of sale, a salesroom posting or            8. Bids Below Reserve If the   available to us and the Consignor by
                                                                                                                                         announcement, or elsewhere, shall be   there-with. Prospective bidders should   auctioneer deter-mines that any opening   law, including, without limitation, the
                                                                                                                                                                  also consult sothebys.com for the most
                                                                                                                                         deemed such a warranty, representation            bid is below the reserve of the article   right to hold the purchaser liable for the
                                                                                                                                         or assumption of liability. We and the   up to date cataloguing of the property in   offered, he may reject the same and   total purchase price, including all fees,
                                                                                                                                                                  this catalogue.
                                                                                                                                         Consignor make no representations                 withdraw the article from sale, and if,   charges and expenses more fully set
                                                                                                                                         and warranties, express or implied, as   By participating in the sale, you represent   having acknowledged an opening bid, he   forth herein, we, at our option, may (x)
                                                                                                                                         to whether the purchaser acquires any   and warrant that any bids placed by you,   deter-mines that any advance thereafter   cancel the sale of that, or any other lot or
                                                                                                                                         copyrights, including but not limited   or on your behalf, are not the product of   is insufficient, he may reject the advance.  lots sold to the defaulting purchaser at
                                                                                                                                         to, any reproduction rights in any   any collusive or other anti-competitive   9. Purchaser’s Responsibility On   the same or any other auction, retaining
                                                                                                                                         property. We and the Consignor are not   agreement and are otherwise consistent   the fall of the auctioneer’s hammer, the   as liquidated damages all payments
                                                                                                                                         responsible for errors and omissions   with federal and state antitrust law.   contract between the consignor and the   made by the purchaser, or (y) resell the
                                                                                                                                         in the catalogue, glossary, or any   By participating in the sale, you represent   purchaser is concluded, and the winning   purchased property, whether at public
                                                                                                                                         supplemental material. Sotheby’s will not   and warrant that:  bidder thereupon will immediately pay   auction or by private sale, or (z) effect
                        1. BROWSE                         2. REGISTER                  3. BID                                            be responsible or liable for damage to            the full purchase price or such part as   any combination thereof. In any case, the
                                                                                                                                         frames and glass coverings, regardless   (a) The bidder and/or purchaser is not   we may require. Title in a purchased   purchaser will be liable for any deficiency,
                                                                                                                                         of the cause.            subject to trade sanctions, embargoes             any and all costs, handling charges,
                        Go to sothebys.com or the         Sign up to place bids.       Bid before and during the auction,                2. Inspection Prospective bidders   or any other restriction on trade in the   lot will not pass until Sotheby’s has   late charges, expenses of both sales,
                                                                                                                                                                                           received the full purchase price in
                        Sotheby’s app to find works                                    from anywhere in the world.                       should inspect the property before   jurisdiction in which it does business as   cleared funds. The purchaser’s obligation   our com-missions on both sales at our
                                                                                                                                                                                                                    regular rates, legal fees and expenses,
                        you are interested in.                                                                                           bidding to determine its condition, size,   well as under the laws of the European   to immediately pay the full purchase   collection fees and incidental damages.
                                                                                                                                                                  Union, the laws of England and Wales, or
                                                                                                                                         and whether or not it has been repaired   the laws and regulations of the United   price or such part as we may require   We may, in our sole discretion, apply any
                                                                                                                                         or restored. Property will be available for   States, and is not owned (nor partly   is absolute and unconditional and is   proceeds of sale then due or thereafter
                                                                                                                                         viewing by appointment only at our New   owned) or controlled by such sanctioned   not subject to any defenses, setoffs or   becoming due to the purchaser from
                                                                                                                                         York premises, or such other location as   person(s) (collectively, “Sanctioned   counterclaims of any kind whatsoever.   us or any affiliated company, or any
                                                                                                                                         we may indicate from time to time. You   Person(s)”);  Sotheby’s is not obligated to release   payment made by the purchaser to us
                                                                                                                                         can schedule a viewing as indicated on            a lot to the purchaser until title to the   or any affiliated company, whether or
                                                                                                                                         our website. Any images and condition   (b) Where acting as agent (with   lot has passed and any earlier release   not intended to reduce the purchaser’s
                                                                                                                                         reports are provided to assist you with   Sotheby’s prior written consent), the   does not affect the passing of title or the   obligations with respect to the unpaid
                                                                                                                                         assessing the condition of the property   principal is not a Sanctioned Person(s)   purchaser’s unconditional obligation to   lot or lots, to the deficiency and any
                                                                                                                                         and are for guidance only.  nor owned (or partly owned) or   pay the full purchase price. In addition   other amounts due to us or any affiliated
                                                                                                                                                                  controlled by Sanctioned Person(s); and  to other remedies available to us by law,   companies. In addition, a defaulting
                                                                                                                                         3. Buyer’s Premium; Overhead                      we reserve the right to impose from the
                                                                                                                                         Premium                  (c) The bidder and/or purchaser   date of sale a late charge of the annual   purchaser will be deemed to have
                                                                                                                                                                                                                    granted and assigned to us and our
                                                                                                                                         A buyer’s premium and an overhead   undertakes that none of the purchase   percentage rate of Prime + 6% of the   affiliated companies, a continuing
                                                                                                                                                                  price will be funded by any Sanctioned
                        FOR ASSISTANCE WITH REGISTRATION AND BIDDING                                                                     premium will be added to the hammer   Person(s), nor will any party be involved   total purchase price if payment is not   security interest of first priority in any
                                                                                                                                         price and are payable by the purchaser            made in accordance with the conditions
                        Enquiries@sothebys.com                                                                                           as part of the total purchase price. The   in the transaction including financial   set forth herein. Please note Sotheby’s   property or money of or owing to such
                                                                                                                                                                                                                    purchaser in our possession, custody or
                                                                                                                                                                  institutions, freight forwarders or other
                        US +1 212 606 7000   UK +44 (0) 20 7293 5000   HK +852 2822 8142                                                 buyer’s premium is 25% of the hammer   forwarding agents or any other party   reserves the right to refuse to accept   control or in the possession, custody or
                                                                                                                                         price up to and including $400,000, 20%           payment from a source other than the
                        sothebys.com/bidonline   FOLLOW US @SOTHEBYS                                                                     of any amount in excess of $400,000 up   be a Sanctioned Person(s) nor owned   buyer of record.  control of any of our affiliated companies,
                                                                                                                                                                  (or partly owned) or controlled by a              in each case whether at the time of the
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       CF_Sotheby's_Catalog_Back Matter_179x253.5.indd   1                                                  3/11/20   12:59 PM
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