Page 309 - Sotheby's Important Chinese Art, Sept. 21-22, 2-21, NYC
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auction, the default or if acquired at   whether by agent, order or absentee   the avoidance of doubt, any property   These Conditions are in addition to   as soon as the “Place Bid” button is   these Online Terms and Sotheby’s   equivalent to an ownership interest.  until after such catalogue is finalized or
 any time thereafter, and we may retain   bid, telephone, online or other means,   designation related to the seller of the   and subject to the same law and our   clicked, a bid is submitted. By bidding   Conditions of Sale and Terms of   if there is no printed catalogue or PDF
 and apply such property or money as   all bidders including the purchaser, shall   property that may appear below the lot   standard terms and conditions of sale,   online, you accept and agree that bids   Guarantee, Sotheby’s Conditions of Sale   ⋑ Irrevocable Bids  catalogue and the interested party’s
 collateral security for the obligations   be deemed to have consented to the   number is not deemed a heading for   including the authenticity guarantee and   submitted in this way are final and that   and Terms of Guarantee will control.  Lots with this symbol indicate that a party   possible participation in the sale Is not
 due to us or to any affiliated company   exclusive jurisdiction of the state courts   purposes of the Guarantee.  any other terms and are not intended in   you will not under any circumstances be   has provided Sotheby’s with an irrevocable   known until after the digital catalogue
 of ours. We shall have all of the rights   of, and the federal courts sitting in, the   In the event Sotheby’s in its reasonable   any way to replace them. By participating   permitted to amend or retract your bid.   bid on the lot that will be executed during   is initially available for viewing, then
 accorded a secured party under the   State of New York. All parties agree,   opinion deems that the conditions of   in this sale via any Online Platform, you   If a successful bid is sent to Sotheby’s   BUYING AT AUCTION  the sale at a value that ensures that the lot   Sotheby’s will notify bidders that an
 New York Uniform Commercial Code.   however, that Sotheby’s shall retain he   the Guarantee have been satisfied, it   acknowledge that you are bound by   from your computer, electronic or mobile   will sell. The irrevocable bidder, who may   interested party may bid on the lot by
 You hereby agree that Sotheby’s may   right to bring proceedings in a court   shall refund to the original purchaser of   the Conditions of Sale applicable in the   device, you irrevocably agree to pay the   The following will help in understanding   bid in excess of the irrevocable bid, may be   one or more of the following means: the
 file financing statements under the   other than the state and federal courts   record the hammer price and applicable   relevant sale and by these additional   full purchase price, including buyer’s   the auction buying process as well   compensated for providing the irrevocable   lot’s specific webpage will be updated to
 New York Uniform Commercial Code   sitting in the    buyer’s premium and overhead premium   Conditions.  premium, overhead premium and any   as some of the terms and symbols   bid by receiving a contingent fee, a fixed   include the  interested parties symbol,
 without your signature. Payment will not   State of New York.   paid for the lot by the original purchaser   1. For certain sales, bidders are welcome   other applicable charges, and applicable   commonly used in an auction catalogue.   fee or both. From time to time, a Sotheby’s   a notice will be added to the Sotheby’s
 be deemed to have been made in full   14. Packing and Shipping Neither we   of record.  to submit bids in advance of the live   taxes.  All bidders should read the Conditions   shareholder may be an irrevocable bidder.   webpage for the auction, or a pre-sale
 until we have collected good funds. Any   auction (“Advance Bids”) through the   3. The next bidding increment is shown   of Sale and Terms of Guarantee in this   If the irrevocable bidder is the successful   or pre-lot announcement will be made
 claims relating to any purchase, including   nor our vendors are responsible for the   This Guarantee is provided for a period   Online Platforms. Please note that we   for your convenience. The auctioneer   catalogue, as well as the Glossary or   bidder, any contingent fee, fixed fee or both   indicating that an interested party may
 acts or omissions in our or our vendors’
 any claims under the Conditions of   of five (5) years from the date of the   reserve the right to amend the starting   has discretion to vary Increments for   any other notices. By bidding at auction,   (as applicable) for providing the irrevocable   bid on the lot.
 Sale or Terms of Guarantee, must be   packing or shipping of purchased lots or   relevant auction, is solely for the benefit   bid prior to the start of the live auction.   bidders in the auction room and on the   bidders are bound by the Conditions   bid may be netted against the irrevocable
 of other carriers or packers of purchased
 presented directly to Sotheby’s. In the   of the original purchaser of record at   telephone, but bidders using Online   of Sale and Terms of Guarantee, as   bidder’s obligation to pay the full purchase   ◉  Restricted Materials
 event the purchaser fails to pay any or   lots, whether or not recommended by us.   the auction and may not be transferred   For sales where you can place Advance   Platforms may not be able to place a bid   amended by any oral announcement   price for the lot and the purchase price   Lots with this symbol have been
 Packing and handling of purchased lots
 all of the total purchase price for any lot   to any third party. To be able to claim   Bids, you may also input a maximum   in an amount other than a whole bidding   or posted notices, which together form   reported for the lot shall be net of any such   identified at the time of cataloguing as
 and Sotheby’s nonetheless elects to pay   is at the entire risk of the purchaser.   under this Guarantee of Authorship, the   bid which, upon confirmation, will   increment. All bidding for this sale will   the sale contract among Sotheby’s,   fees. From time to time, Sotheby’s may   containing organic material which may
 the Consignor any portion of the sale   15. Limitation of Liability In no event   original purchaser of record must: (i)   be executed automatically up to this   be in U.S. Dollars, in respect of New York   the seller (consignor) of the lot and any   enter into irrevocable bid agreements   be subject to restrictions regarding
 proceeds, the purchaser acknowledges   will the aggregate liability of Sotheby’s   notify Sotheby’s in writing within three   predefined maximum value in response   sales, in Pounds Sterling, in respect of   bidders, including the successful bidder   that cover multiple lots. In such instances,   import or export. The information is
 that Sotheby’s shall have all of the rights   and the consignor to a purchaser exceed   (3) months of receiving any information   to other bids including bids placed by   London sales, or in Hong Kong Dollars,   (purchaser).  the compensation Sotheby’s will pay the   made available for the convenience of
 of the Consignor to pursue the purchaser   the purchase price actually paid.  that causes the original purchaser of   Sotheby’s on behalf of the seller, up to   in respect of Hong Kong sales, and   irrevocable bidder is allocated to the lots   bidders and the absence of the symbol
 for any amounts paid to the Consignor,   record to question the accuracy of the   the amount of the reserve (if applicable).   online bidders will not be able to see the   for which the irrevocable bidder is not   is not a warranty that there are no
 whether at law, in equity, or under these   16. Data Protection Sotheby’s will hold   Authorship in the initial lot heading   Please note that reserves may be set   currency conversion board that may be   1.  SYMBOL KEY   the successful purchaser. Under such   restrictions regarding import or export of
 Conditions of Sale.  and process your personal information   immediately following the lot number,   at any time before the start of the live   circumstances, the total compensation   the Lot; bidders should refer to Condition
 and may share it with its subsidiaries   specifying the lot number, date of the   auction and your maximum bid may be   displayed in the auction room.  □  Reserves  to the irrevocable bidder will not exceed   12 of the Conditions of Sale. Please
 10. Reserve All lots in this catalogue are   and affiliates for use as described in,   auction at which it was purchased and   executed against the reserve once such   4. The record of sale kept by Sotheby’s   Unless indicated by a box (□), all lots   the total buyer’s premium and other   also refer to the section on Endangered
 offered subject to a reserve, which is the   and in line with, Sotheby’s Privacy Policy   the reasons for such question; and (ii)   reserve is set.  will be taken as absolute and final in all   in this catalogue are offered subject to   amounts paid to Sotheby’s in respect of   Species in the information on Buying at
 confidential minimum hammer price at   published on Sotheby’s website at www.  return the Lot to Sotheby’s at the original   disputes. In the event of a discrepancy   a reserve. A reserve is the confidential   any lots for which the irrevocable bidder   Auction.
 which a lot will be sold. No reserve will   sothebys.com or available on request by   selling location in the same condition   The current leading bid will be visible to   between any online records or messages   minimum hammer price at which a lot   is not the successful bidder. If this auction
 exceed the low presale estimate stated   email to enquiries@sothebys.com.  as at the date of sale to the original   all bidders; the value and status of your   provided to you and the record of sale   will be sold. The reserve is generally   has a printed catalogue, a PDF catalogue   ∏ Monumental
 in the catalogue, or as amended by oral   purchaser of record and be able to   maximum bid will be visible only to you,   kept by Sotheby’s, the record of sale will   set at a percentage of the low estimate   or both and the irrevocable bid is not   Lots with this symbol may, in our opinion,
 or posted notices. We may implement   Under European data protection laws,   transfer good title to the Lot, free from   unless it is the leading bid. If the status   govern.  and will not exceed the low estimate of   secured until after such catalogue is   require special handling or shipping
 such reserve by opening the bidding on   a client may object, by request and   any third party claims arising after the   of your bid changes, you will receive   the lot. If any lots in the catalogue are   finalized or if there is no printed catalogue   services due to size or other physical
 behalf of the Consignor and may bid up   free of charge, to the processing of   date of such sale.  notifications via email and push (if you   5. Online bidders are responsible   offered without reserve, such lots will be   or PDF catalogue and the irrevocable   considerations. Bidders are advised to
 to the amount of the reserve, by placing   their information for certain purposes,   have the Sotheby’s App installed) leading   for making themselves aware of all   designated by a box (□). If every lot in a   bid is not secured until after the digital   inspect the lot and to contact Sotheby’s
 successive or consecutive bids for a lot,   including direct marketing, and may   Sotheby’s has discretion to waive any   up to the live auction. You may raise your   salesroom notices and announcements,   catalogue is offered without a reserve,   catalogue is initially available for viewing,   prior to the sale to discuss any specific
 or bids in response to other bidders. In   access and rectify personal data   of the above requirements. Sotheby’s   maximum bid at any time in advance   which will be accessible on the Online   the Conditions of Sale will so state and   then Sotheby’s will notify bidders that   shipping requirements.
 instances where we have an interest in   relating to them and may obtain   may require the original purchaser   of the live auction. Once the live auction   Platforms.   this symbol will not be used for each lot.  there is an irrevocable bid on the lot by
 the lot other than our commission, we   more information about Sotheby’s   of record to obtain at the original   begins, the auctioneer will open bidding   6. Sotheby’s reserves the right to   one or more of the following means:  the    Premium Lot
 may bid up to the reserve to protect   data protection policies by writing to   purchaser of record’s cost the reports   at the current leading bid. The system   refuse or revoke permission to bid via   ○  Guaranteed Property   lot’s specific webpage will be updated   In order to bid on “Premium Lots” (in print
 such interest. In certain instances, the   Sotheby’s, 34-35 New Bond Street,   of two independent and recognized   will continue to bid on your behalf up to   Online Platforms and to remove bidding   The seller of lots with this symbol has   to include the  irrevocable bid symbol,   catalogue or ² in the lot’s specific webpage)
 Consignor may pay us less than the   London W1A 2AA, or 1334 York Avenue,   experts in the field, mutually acceptable   your predetermined maximum bid, or   privileges during a sale.  been guaranteed a minimum price from   a notice will be added to the Sotheby’s   you may be required to complete a
 standard commission rate where a lot is   New York, NY 10021, Attn: Compliance, or   to Sotheby’s and the original purchaser   you may continue to bid via the Online   one auction or a series of auctions. This   webpage for the auction, or a pre-sale   Premium Lot pre-registration application.
 “bought-in” to protect its reserve.  emailing enquiries@sothebys.com.   of record. Sotheby’s shall not be   Platforms during the live auction at the   7. The purchase information shown in   guarantee may be provided by Sotheby’s   or pre-lot announcement will be made   You must arrange for Sotheby’s to receive
 Please be aware that Sotheby’s may film   bound by any reports produced by   next increment. Upon the closing of each   the “My Bids” section of the Sotheby’s   or jointly by Sotheby’s and a third party.
 11. Tax Unless exempted by law, the   auctions or other activities on Sotheby’s   the original purchaser of record, and   lot, you will receive push notification   App and in the “Account Activity” section   indicating that there is an irrevocable bid   your pre-registration application at least
 purchaser will be required to pay the   premises and that such recordings   reserves the right to seek additional   (if enabled on your device) indicating   of “My Account” on Sothebys.com is   Sotheby’s and any third parties providing   on the lot. From time to time, Sotheby’s or   three working days before the sale. Please
                                      a guarantee jointly with Sotheby’s
 combined New York State and local sales   may be transmitted over the Internet   expert advice at its own expense. It is   whether you have won or lost each lot on   provided for your convenience only.   any affiliated company may provide the   bear in mind that we are unable to obtain
 tax, any applicable compensating use   via Sotheby’s website and other online   specifically understood and agreed   which you have placed a bid.  Successful bidders will be notified and   benefit financially if a guaranteed lot   irrevocable bidder with financing related to   financial references over weekends
                                      is sold successfully and may incur a
 tax of another state, and if applicable,   platforms. Online and telephone bids   that the rescission of a sale and the   invoiced after the sale. In the event of   the irrevocable bid. In addition, from time   or public holidays. Sotheby’s decision
 any federal luxury or other tax, on the   may be recorded.  refund of the original purchase price   Please note in certain circumstances,   any discrepancy between the online   loss if the sale is not successful. A third   to time, an irrevocable bidder may have   whether to accept any pre-registration
                                      party providing a guarantee jointly with
 total purchase price. The rate of such   paid (the successful hammer price,   clients who have been outbid may be   purchase information which may or may   knowledge of the amount of a guarantee.   application shall be final. If all lots in the
 combined tax is 8.875% in New York City   plus the buyer’s premium and overhead   reinstated as the leading bidder and   not be shown in the My Bids section   Sotheby’s may provide an irrevocable   If the irrevocable bidder is advising anyone   catalogue are “Premium Lots”, a Special
                                      bid, or otherwise bid, on the guaranteed
 and ranges from 7% to 8.625% elsewhere   premium) is exclusive and in lieu of any   would receive notification via email or   and the invoice sent to you by Sotheby’s   with respect to the lot, Sotheby’s requires   Notice will be included to this effect and
 in New York.  TERMS OF GUARANTEE  other remedy which might otherwise be   push notification, if enabled on your   following the sale, the invoice prevails.   property. If this auction has a printed   the irrevocable bidder to disclose his or   this symbol will not be used.
                                      catalogue, a PDF catalogue or both and
 device.
 available as a matter of law, or in equity.   Terms and conditions for payment and   her financial interest in the lot. If an agent is
 12. Export and Permits It is the   As set forth below and in the Conditions   the guaranteed property symbol for a   advising you or bidding on your behalf with   ⊖ US Import Tariff
 purchaser’s sole responsibility to identify   of Sale, for all lots Sotheby’s guarantees   Sotheby’s and the Consignor shall   By placing Advance Bids on the Online   collection of property remain the same   lot is not included in such catalogue or   respect to a lot identified as being subject   Please note that this lot is subject to an
 Platforms, you accept and agree that
            regardless of how the winning bid was
 and obtain any necessary export,   that the authorship, period, culture or   not be liable for any special, punitive,   if there is no printed catalogue or PDF   to an irrevocable bid, you should request   import tariff. The amount of the import
 import, firearm, endangered species or   origin (collectively, “Authorship”) of   incidental or consequential damages   any such bids are final, that you will not   submitted.  catalogue and the guaranteed property   that the agent disclose whether or not he   tariff due is a percentage of the value
 be permitted to retract your bid, and
 other permit for the lot. Any symbols   each lot in this catalogue is as set out   incurred or claimed, including without   8. Sotheby’s is not responsible for any   symbol for a lot is not included at the time   or she has a financial interest in the lot.  declared upon entry into the United
 or notices in the sale catalogue reflect   in the initial lot heading immediately   limitation, loss of profits    that, should your bid be successful, you   errors or failures to execute bids placed   the digital catalogue is initially available for   States. The amount of the import tariff is
 irrevocably agree to pay the full purchase
 Sotheby’s reasonable opinion at the   following the lot number in the catalogue   or interest.  online, including, without limitation,   viewing, then Sotheby’s will notify bidders   ⊻ Interested Parties   not based on the final hammer price. The
 time of cataloguing and are for bidders’   description of the lot, as amended   price, including buyer’s premium,   errors or failures caused by (i) a loss of   that there is a guarantee on the lot by   Lots with this symbol indicate that   buyer should contact Sotheby’s prior
 overhead premium and other applicable
 general guidance only; Sotheby’s and   by oral or written salesroom notes or   connection to the internet or to the online   one or more of the following means: the   parties with a direct or indirect interest   to the sale to determine the amount of
 the Consignor make no representations   announcements. Purchasers should   ADDITIONAL TERMS AND   charges, and all applicable taxes. You   bidding software by either Sotheby’s or   lot’s specific webpage will be updated to   in the lot may be bidding on the lot,   the import tariff. If the buyer instructs
 may nevertheless lower your maximum
 or warranties as to whether any lot is   refer to the Glossary of Terms, if any, for   CONDITIONS FOR ONLINE   the client; (ii) a breakdown or problems   include the guaranteed property symbol,   including (i) the beneficiary of an estate   Sotheby’s to arrange shipping of the lot
 or is not subject to export or import   an explanation of the terminology used   BIDDING  bid leading up to the live auction by   with the online bidding software; or   a notice will be added to the Sotheby’s   selling the lot, or (ii) the joint owner   to a foreign address, the buyer will not
 contacting the Bids Department at +1
 restrictions or any embargoes.  in the initial lot heading immediately   212 606 7414, except that you may not   (iii) a breakdown or problems with a   webpage for the auction, or a pre-sale   of a lot. If the interested party is the   be required to pay the import tariff. If the
 13. Governing Law and Jurisdiction    following the lot number and the extent   The following terms and conditions   lower it to a level lower than the current   client’s internet connection, computer   or pre-lot announcement will be made   successful bidder, they will be required   buyer instructs Sotheby’s to arrange
                                      indicating that there is a guarantee on
 (the “Online Terms”) provide important
            or electronic device. Sotheby’s is not
 These Conditions of Sale and Terms   of the Guarantee. Sotheby’s makes no   information related to online bidding on   leading bid.  responsible for any failure to execute an   the lot.  to pay the full buyer’s premium and   shipping of the lot to a domestic address,
 of Guarantee, as well as bidders’, the   warranties whatsoever, whether express   sothebys.com or through the Sotheby’s   2. Once it commences, a live auction   online bid or for any errors or omissions   overhead premium. In certain instances,   or if the buyer collects the property in
 purchaser’s and our respective rights   or implied, with respect to any material in   App, or on any other online platform   is by its nature fast-moving and   in connection therewith.  △  Property in which Sotheby’s has   interested parties may have knowledge   person, or if the buyer arranges their
 and obligations hereunder, shall be   the catalogue other than the Authorship   through which bidding may be made   bidding may progress very quickly. The   an Ownership Interest  of the reserve. If this auction has a   own shipping (whether domestically
 governed by and construed and enforced   appearing in the initial lot heading   available (“Online Platforms”).  procedure for placing bids during the live   9. Online bidding will be recorded.  Lots with this symbol indicate that   printed catalogue, a PDF catalogue or   or internationally), the buyer will be
 in accordance with the laws of the State   immediately following the lot number   auction is therefore a one-step process;   10. In the event of any conflict between   Sotheby’s owns the lot in whole or in part   both and the interested party’s possible   required to pay the import tariff. The
 of New York. By bidding at an auction,   and subject to the exclusions below.  For   or has an economic interest in the lot   participation in the sale Is not known   import tariff is included in the purchase
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