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(g) exercise a lien over any of the Buyer’s 11. GENERAL Clients will please note that for security date of the sale, or the catalogue description
property which is in the possession of (a) All images and other materials produced purposes, Sotheby's premises are subject indicated that there was a conflict of such
a Sotheby’s Company. Sotheby’s shall for the auction are the copyright of Sotheby’s, to video recording. Telephone calls e.g. opinions; or
inform the Buyer of the exercise of any for use at Sotheby’s discretion. telephone and internet bidding/voicemail
such lien and within 14 days of such notice messages may also be recorded. (ii) the only method of establishing at the date
may arrange the sale of such property and (b) Notices to Sotheby’s should be in of the sale that the item was a counterfeit
apply the proceeds to the amount owed writing and addressed to the department 13.LAW AND JURISDICTION would have been by means of processes
to Sotheby’s, and/or any shortfall in the in charge of the sale, quoting the reference not then generally available or accepted,
Purchase Price and Buyer’s Expenses in number specified at the beginning of the sale Governing Law These Conditions of unreasonably expensive or impractical to use;
the event of a resale under Condition 8(h) catalogue. Notices to Sotheby’s clients shall Business and all aspects of all matters, or likely to have caused damage to the lot or
below (on a pro-rata basis where more be addressed to the last address formally transactions or disputes to which they relate likely (in Sotheby’s reasonable opinion) to
than one lot is purchased by the Buyer at notified by them to Sotheby’s. or apply shall be governed by and interpreted have caused loss of value to the lot; or
the auction and is then resold), and/or any in accordance with Hong Kong law.
claim by Sotheby’s against the Buyer for (c) Should any provision of these Conditions (iii) there has been no material loss in
damages for the Buyer’s breach of contract of Business be held unenforceable for any Jurisdiction For the benefit of Sotheby’s, all value of the lot from its value had it been in
(including but not limited to the Buyer’s reason, the remaining provisions shall remain Bidders and Sellers agree that the Hong Kong accordance with its description.
Premium in the event of a termination of the in full force and effect. Courts are to have exclusive jurisdiction to
sale contract); settle all disputes arising in connection with This Guarantee is provided for a period of
(d) These Conditions of Business are all aspects of all matters or transactions to five (5) years after the date of the relevant
(h) resell the lot by auction or private sale, not assignable by any Buyer without which these Conditions of Business relate or auction, is solely for the benefit of the Buyer
with estimates and reserves at Sotheby’s Sotheby’s prior written consent, but are apply. All parties agree that Sotheby’s shall and may not be transferred to any third party.
discretion. In the event such resale is for binding on Buyers’ successors, assigns and retain the right to bring proceedings in any To be able to claim under this Guarantee, the
less than the Purchase Price and Buyer’s representatives. No act, omission or delay by court other than the Hong Kong Courts. Buyer must:-
Expenses for that lot, the Buyer will remain Sotheby’s shall be deemed a waiver or release
liable for the shortfall together with all costs of any of its rights. Service of Process All Bidders and Sellers (i) notify Sotheby’s in writing within three
incurred in such resale; irrevocably consent to service of process (3) months of receiving any information that
(e) The materials listed in Condition 1(a) or any other documents in connection causes the Buyer to question the authenticity
(i) commence legal proceedings to recover above set out the entire agreement and with proceedings in any court by facsimile or attribution of the item, specifying the lot
the Purchase Price and Buyer’s Expenses for understanding between the parties with transmission, personal service, delivery number, date of the auction at which it was
that lot, or to claim damages for the Buyer’s respect to the subject matter hereof. It is by mail or in any other manner permitted purchased and the reasons why it is thought
breach of contract, together with interest agreed that, save in respect of liability for by Hong Kong law, the law of the place of to be counterfeit; and
and the costs of such proceedings on a full fraudulent misrepresentation, no party has service or the law of the jurisdiction where
indemnity basis; or entered into any contract pursuant to these proceedings are instituted, at the last address (ii) return the item to Sotheby’s in the same
terms in reliance on any representation, of the Buyer or Seller known to Sotheby’s or condition as at the date of sale to the Buyer
(j) release the name and address of the warranty or undertaking which is not any other usual address. and be able to transfer good title in the item,
Buyer to the Seller to enable the Seller to expressly referred to in such materials. free from any third party claims arising after
commence legal proceedings to recover General Authenticity Guarantee the date of the sale.
the amounts due or claim damages for the 12.DATA PROTECTION In respect of fine Chinese paintings, the
Buyer’s breach of contract and legal costs. In connection with the management artists’ names recorded in this catalogue Sotheby’s has discretion to waive any of the
Sotheby’s will take reasonable steps to notify and operation of our business and the (if any) are not to be taken as unqualified above requirements. Sotheby’s may require
the Buyer prior to releasing such details to the marketing and supply of Sotheby's attributions to the artists named. No the Buyer to obtain at the Buyer’s cost the
Seller. Companies' services, or as required unqualified attributions to any artist or reports of two independent and recognised
by law, we may ask clients to provide date are made or intended. The current experts in the field, mutually acceptable to
9. FAILURE TO COLLECT PURCHASES personal information about themselves scholarship in the field of Chinese paintings Sotheby’s and the Buyer. Sotheby’s shall
(a) If the Buyer pays the Purchase Price or obtain information about clients from does not permit unqualified statements as not be bound by any reports produced by
and Buyer’s Expenses but fails to collect a third parties (e.g. credit information). to authorship or date of execution. Therefore, the Buyer, and reserves the right to seek
purchased lot within thirty calendar days If clients provide Sotheby's with none of the fine Chinese paintings in this additional expert advice at its own expense.
of the auction, the lot will be stored at the information that is defined by law as catalogue are subject to any guarantee of In the event Sotheby’s decides to rescind
Buyer’s expense (and risk) at Sotheby’s or "sensitive", they agree that Sotheby's authenticity and all such property is sold the sale under this Guarantee, it may refund
with a third party. Companies may use it for the above as is in accordance with the Conditions of to the Buyer the reasonable costs of up to
purposes. Sotheby's Companies will not Business. Any assistance given by Sotheby’s two mutually approved independent expert
(b) If a purchased lot is paid for but not use or process sensitive information for staff to a buyer in selecting a purchase is reports.
collected within six months of the auction, any other purpose without the client's given without prejudice to the above. Buyers
the Buyer authorises Sotheby’s, having given express consent. are recommended to take independent 蘇富比之香港業務規則
notice to the Buyer, to arrange a resale of the professional advice on selection of purchases.
item by auction or private sale, with estimates If you would like further information on Notwithstanding the above, if Sotheby’s sells 買家之業務規則
and reserves at Sotheby’s discretion. The Sotheby's policies on personal data, or an item which subsequently is shown to be 蘇富比 、賣家及競投人之關係性質及蘇富比
proceeds of such sale, less all costs incurred to make corrections to your information, a “counterfeit”, subject to the terms below ( 作為拍賣官 )及賣家與競投人所訂立合約之
by Sotheby’s, will be forfeited unless collected please contact us on (852) 2524 8121. Sotheby’s will set aside the sale and refund to 條款於下文載列 。
by the Buyer within two years of the original the Buyer the total amount paid by the Buyer 競投人務請細閱下文規則第 3 及 4 條 ,該兩
auction. If you would prefer not to receive details to Sotheby’s for the item, in the currency of 條要求競投人在投標前檢查拍賣品 ,並闡述
of future events please tick here. the original sale. 了蘇富比及賣家之法律責任之具體限制及豁
10.EXPORT AND PERMITS For these purposes, “counterfeit” means 免 。有關蘇富比所持有之限制及豁免符合其
It is the Buyer’s sole responsibility to identify In order to fulfil the services clients have a lot that in Sotheby’s reasonable opinion 作為大量不同種類貨品拍賣官之身份 ,競投
and obtain any necessary export, import, requested, Sotheby's may disclose is an imitation created to deceive as to 人應特別注意該等規則 。
firearm, endangered species or other permit information to third parties (e.g. authorship, origin, date, age, period, culture
for the lot and to complete any required export shippers). Some countries do not offer or source, where the correct description 1. 序言
or import manifest, list or documentation. equivalent legal protection of personal of such matters is not reflected by the (a) 蘇富比及賣家與準買家之合約關係受下
Any symbols or notices in the sale catalogue information to that offered within Hong description in the catalogue (taking into 列各項規管:
reflect Sotheby’s reasonable opinion at Kong. It is Sotheby's policy to require account any Glossary of Terms). No lot shall
the time of cataloguing and offer Bidders that any such third parties respect the be considered a counterfeit by reason only (i) 本業務規則;
general guidance only. Without prejudice privacy and confidentiality of our clients' of any damage and/or restoration and/or (ii) 賣家在銷售處展示之業務規則( 可於蘇富
to Conditions 3 and 4 above, Sotheby’s information and provide the same level modification work of any kind (including 比之香港銷售處或致電 (852) 2524 8121 索
and the Seller make no representations or of protection for clients' information as repainting or over-painting). 取 );
warranties as to whether any lot is or is not provided within Hong Kong, whether or (iii) 銷售目錄所載之蘇富比保證書;及
subject to export or import restrictions or not they are located in a country that Please note that this Guarantee does not (iv) 銷售目錄所載之任何附加通知及條款 ,
any embargoes. The denial of any permit offers equivalent legal protection of apply if either:- 括「 給準買家指引 」;
or licence shall not justify cancellation or personal information. By agreeing to (v) 就透過互聯網進行網上競投而言 ,蘇富
rescission of the sale contract or any delay in these Conditions of Business, clients (i) the catalogue description was in 比網頁之 BIDnow 網上競投服務規則 。
payment. We shall not be responsible for any agree to such disclosure. accordance with the generally accepted 在各情況下按任何銷售通知或拍賣官於拍賣
liability arising from any failure to complete opinions of scholar(s) and expert(s) at the
or submit the required export or import
manifest, list or documentation.
138 SOTHEBY’S