Page 219 - Christie's Hong Kong Important Chinese Works Of Art May 30 2022

exports or imports the lot on your behalf, and if far as we are allowed by law, all warranties and other 8 WAIVER
Christie’s pays these applicable taxes, tariffs or other terms which may be added to this agreement by law No failure or delay to exercise any right or remedy
government-imposed charges, you agree to refund are excluded. The seller’s warranties contained in provided under these Conditions of Sale shall
that amount to Christie’s. paragraph E1 are their own and we do not have any constitute a waiver of that or any other right or remedy,
(c) Lots made of protected species liability to you in relation to those warranties. nor shall it prevent or restrict the further exercise of
Lots made of or including (regardless of the (b) (i) We are not responsible to you for any reason that or any other right or remedy. No single or partial
percentage) endangered and other protected species (whether for breaking this agreement or any other exercise of such right or remedy shall prevent or restrict
of wildlife are marked with the symbol ~ in the matter relating to your purchase of, or bid for, any the further exercise of that or any other right or remedy.
catalogue. This material includes, among other things, lot) other than in the event of fraud or fraudulent
ivory, tortoiseshell, crocodile skin, rhinoceros horn, misrepresentation by us or other than as expressly 9 LAW AND DISPUTES
whalebone certain species of coral, and rosewood. set out in these conditions of sale; and The rights and obligations of the parties with
You should check the relevant customs laws and (ii) We do not give any representation, warranty or respect to these Conditions of Sale, the conduct of
regulations before bidding on any lot containing guarantee or assume any liability of any kind in respect the auction and any matters connected with any
wildlife material if you plan to import the lot into of any lot with regard to merchantability, fitness for a of the foregoing shall be governed and interpreted
another country. Several countries refuse to allow particular purpose, description, size, quality, condition, by the Hong Kong laws. By bidding at auction,
you to import property containing these materials, attribution, authenticity, rarity, importance, medium, whether present in person or by agent, by written
and some other countries require a licence from provenance, exhibition history, literature, or historical bid, telephone or other means, the buyer shall
the relevant regulatory agencies in the countries of relevance. Except as required by local law, any be deemed to have accepted these Conditions
exportation as well as importation. In some cases, the warranty of any kind is excluded by this paragraph. and submitted, for the benefit of Christie’s, to the
lot can only be shipped with an independent scientific (c) In particular, please be aware that our written exclusive jurisdiction of the Hong Kong courts, and
confirmation of species and/or age and you will need to and telephone bidding services, Christie’s LIVE™, also accepted that Christie’s also has the right to
obtain these at your own cost. If a lot contains elephant condition reports, currency converter and saleroom pursue remedies in any other jurisdiction in order to
ivory, or any other wildlife material that could be video screens are free services and we are not recover any outstanding sums due from the buyer.
confused with elephant ivory, (for example, mammoth responsible to you for any error (human or otherwise),
ivory, walrus ivory, helmeted hornbill ivory) please see omission, breakdown, or delay, unavailability, 10 REPORTING ON WWW.CHRISTIES.COM
further important information in paragraph (c) if you suspension or termination of any of these services. Details of all lots sold by us, including catalogue
are proposing to import the lot into the USA. We will (d) We have no responsibility to any person other descriptions and prices, may be reported on www.
not be obliged to cancel your purchase and refund than a buyer in connection with the purchase of any christies.com. Sales totals are hammer price plus
the purchase price if your lot may not be exported, lot. buyer’s premium and do not reflect costs, financing
imported or it is seized for any reason by a government (e) If, in spite of the terms in paragraphs (a) to (d) fees, or application of buyer’s or seller’s credits. We
authority. It is your responsibility to determine and or E2(i) above, we are found to be liable to you for regret that we cannot agree to requests to remove
satisfy the requirements of any applicable laws or any reason, we shall not have to pay more than the these details from www.christies.com.
regulations relating to the export or import of property purchase price paid by you to us. We will not be
containing such protected or regulated material. responsible to you for any reason for loss of profits K GLOSSARY
(d) US import ban on African elephant ivory or business, loss of opportunity or value, expected auctioneer : individual auctioneer and/or Christie’s.
The USA prohibits the import of ivory from the savings or interest, costs, damages, or expenses. authentic : a genuine example, rather than a copy or
African elephant. Any lot containing elephant ivory or forgery of:
other wildlife material that could be easily confused J OTHER TERMS (i) the work of a particular artist, author or
with elephant ivory (for example, mammoth ivory, 1 OUR ABILITY TO CANCEL manufacturer, if the lot is described in the Heading
walrus ivory, helmeted hornbill ivory) can only be In addition to the other rights of cancellation as the work of that artist, author or manufacturer;
imported into the US with results of a rigorous contained in this agreement, we can cancel a sale (ii) a work created within a particular period or
scientific test acceptable to Fish & Wildlife, which of a lot if we reasonably believe that completing the culture, if the lot is described in the Heading as a
confirms that the material is not African elephant transaction is, or may be, unlawful or that the sale work created during that period or culture;
ivory. Where we have conducted such rigorous places us or the seller under any liability to anyone (iii) a work for a particular origin source if the lot is
scientific testing on a lot prior to sale, we will make else or may damage our reputation. described in the Heading as being of that origin or
this clear in the lot description. In all other cases, source; or
we cannot confirm whether a lot contains African 2 RECORDINGS (iv) in the case of gems, a work which is made of
elephant ivory, and you will buy that lot at your own We may videotape and record proceedings at any a particular material, if the lot is described in the
risk and be responsible for any scientific test or other auction. We will keep any personal information Heading as being made of that material.
reports required for import into the USA at your confidential, except to the extent disclosure is authenticity warranty : the guarantee we give in
own cost. If such scientific test is inconclusive or required by law. However, we may, through this this agreement that a lot is authentic as set out in
confirms the material is from the African elephant, process, use or share these recordings with another section E2 of this agreement.
we will not be obliged to cancel your purchase and Christie’s Group company and marketing partners buyer’s premium : the charge the buyer pays us
refund the purchase price. to analyse our customers and to help us to tailor along with the hammer price.
(e) Lots of Iranian origin our services for buyers. If you do not want to be catalogue description : the description of a lot in
Some countries prohibit or restrict the purchase and/ videotaped, you may make arrangements to make a the catalogue for the auction, as amended by any
or import of Iranian-origin “works of conventional telephone or written bid or bid on Christie’s LIVE™ saleroom notice.
craftsmanship” (works that are not by a recognized instead. Unless we agree otherwise in writing, you Christie’s Group : Christie’s International Plc,
artist and/or that have a function, for example: may not videotape or record proceedings at any its subsidiaries and other companies within its
carpets, bowls, ewers, tiles, ornamental boxes). auction. corporate group.
For example, the USA prohibits the import of this condition : the physical condition of a lot.
type of property and its purchase by US persons 3 COPYRIGHT due date : has the meaning given to it paragraph F1(a).
(wherever located). Other countries, such as Canada, We own the copyright in all images, illustrations and estimate : the price range included in the catalogue
only permit the import of this property in certain written material produced by or for us relating to a or any saleroom notice within which we believe a lot
circumstances. As a convenience to buyers, Christie’s lot (including the contents of our catalogues unless may sell. Low estimate means the lower figure in the
indicates under the title of a lot if the lot originates otherwise noted in the catalogue). You cannot use range and high estimate means the higher figure.
from Iran (Persia). It is your responsibility to ensure them without our prior written permission. We do not The mid estimate is the midpoint between the two.
you do not bid on or import a lot in contravention of offer any guarantee that you will gain any copyright hammer price : the amount of the highest bid the
the sanctions or trade embargoes that apply to you. or other reproduction rights to the lot. auctioneer accepts for the sale of a lot.
(f) Gold Heading : has the meaning given to it in paragraph E2.
Gold of less than 18ct does not qualify in all countries 4 ENFORCING THIS AGREEMENT lot : an item to be offered at auction (or two or more
as ‘gold’ and may be refused import into those If a court finds that any part of this agreement is not items to be offered at auction as a group).
countries as ‘gold’. valid or is illegal or impossible to enforce, that part of other damages : any special, consequential,
(g) Watches the agreement will be treated as being deleted and incidental or indirect damages of any kind or any
Many of the watches offered for sale in this catalogue the rest of this agreement will not be affected. damages which fall within the meaning of ‘special’,
are pictured with straps made of endangered or ‘incidental’ or ‘consequential’ under local law.
protected animal materials such as alligator or 5 TRANSFERRING YOUR RIGHTS AND purchase price : has the meaning given to it in
crocodile. These lots are marked with the symbol Ψ paragraph F1(a).
in the catalogue. These endangered species straps RESPONSIBILITIES provenance : the ownership history of a lot.
are shown for display purposes only and are not for You may not grant a security over or transfer your qualified : has the meaning given to it in paragraph
sale. Christie’s will remove and retain the strap prior rights or responsibilities under these terms on the E2 and Qualified Headings means the section
to shipment from the sale site. At some sale sites, contract of sale with the buyer unless we have given headed Qualified Headings on the page of
Christie’s may, at its discretion, make the displayed our written permission. This agreement will be the catalogue headed ‘Important Notices and
endangered species strap available to the buyer of binding on your successors or estate and anyone Explanation of Cataloguing Practice’.
the lot free of charge if collected in person from the who takes over your rights and responsibilities. reserve : the confidential amount below which we
sale site within 1 year of the date of the sale. Please will not sell a lot.
check with the department for details on a particular 6 TRANSLATIONS saleroom notice : a written notice posted next to
lot. If we have provided a translation of this agreement,
we will use the English version in deciding any issues the lot in the saleroom and on www.christies.com,
For all symbols and other markings referred to in or disputes which arise under this agreement. which is also read to prospective telephone bidders and
notified to clients who have left commission bids, or an
paragraph H2, please note that lots are marked as a announcement made by the auctioneer either at the
convenience to you, but we do not accept liability for 7 PERSONAL INFORMATION beginning of the sale, or before a particular lot is auctioned.
errors or for failing to mark lots. We will hold and process your personal information Subheading : has the meaning given to it in
and may pass it to another Christie’s Group
I OUR LIABILITY TO YOU company for use as described in, and in line with, paragraph E2.
UPPER CASE type : means having all capital letters.
(a) We give no warranty in relation to any our privacy policy at www.christies.com. If you warranty : a statement or representation in which
statement made, or information given, by us or our are a resident of California you can see a copy of the person making it guarantees that the facts set
representatives or employees, about any lot other our California Consumer Privacy Act statement at out in it are correct.
than as set out in the authenticity warranty and, as https://www.christies.com/about-us/contact/ccpa.
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