Page 193 - Sothebys Fine Chinese Art London, November 2018

6. CONDUCT OF THE AUCTION in England and Wales or Scotland (as with a third party. name and contact details, proof of identity,
applicable) relating to firearms or other financial information, records of the client’s
(a) Unless otherwise specified, all lots are (b) If a purchased lot is paid for but not
offered subject to a Reserve, which shall be weapons at the time of the sale, and for collected within six months of the auction, transactions, and preferences. Some
complying with all such regulations, whether
gathering of information about Sotheby’s
no higher than the low presale estimate at the Buyer authorises Sotheby’s, having
the time of the auction. or not notice of such is published in the given notice to the Buyer, to arrange a clients will take place using technical means
Sale Catalogue. Sotheby’s will not deliver a to identify their preferences in order to
(b) The auctioneer has discretion at any firearm to a Buyer unless the Buyer has first resale of the item by auction or private sale, provide a higher quality of service to them.
with estimates and reserves at Sotheby’s
time to refuse any bid, withdraw any lot, supplied evidence to Sotheby’s satisfaction Sotheby’s may also disclose the client
re-offer a lot for sale (including after the fall of compliance with this Condition. discretion. The proceeds of such sale, information to other Sotheby’s Companies
less all costs incurred by Sotheby’s, will
of the hammer) if he believes there may be and/or third parties acting on their behalf
error or dispute, and take such other action 8. REMEDIES FOR NON-PAYMENT be forfeited unless collected by the Buyer to provide services for the purposes listed
within two years of the original auction.
as he reasonably thinks fit. Without prejudice to any rights the Seller above.
(c) The auctioneer will commence and may have, if the Buyer without prior 10. EXPORT AND PERMITS Sometimes, Sotheby’s may also disclose
advance the bidding at levels and in agreement fails to make payment for the It is the Buyer’s sole responsibility to this information to carefully selected third
increments he considers appropriate and lot within five days of the auction, Sotheby’s identify and obtain any necessary export, parties for their own marketing purposes.
is entitled to place a bid or series of bids on may in its sole discretion (having informed import, firearm, endangered species If you do not wish your details to be used
behalf of the Seller up to the Reserve on the the Seller) exercise one or more of the or other permit for the lot. Any symbols for this purpose, please email enquiries@
lot, without indicating he is doing so and following remedies: or notices in the sale catalogue reflect sothebys.com.
whether or not other bids are placed. (a) store the lot at its premises or elsewhere Sotheby’s reasonable opinion at the time If the client provides Sotheby’s with
(d) Subject to Condition 6(b), the contract at the Buyer’s sole risk and expense; of cataloguing and offer Bidders general information that is defined by European
between the Buyer and the Seller is (b) cancel the sale of the lot; guidance only. Without prejudice to data protection laws as “sensitive”, the
concluded on the striking of the auctioneer’s Conditions 3 and 4 above, Sotheby’s and client agrees that it may be used for the
hammer, whereupon the Buyer becomes (c) set off any amounts owed to the Buyer the Seller make no representations or purposes set out above.
liable to pay the Purchase Price. by a Sotheby’s Company against any warranties as to whether any lot is or is not
amounts owed to Sotheby’s by the Buyer in subject to export or import restrictions or In the course of these disclosures, personal
(e) Any post-auction sale of lots offered at respect of the lot; any embargoes. The denial of any permit data collected in the European Economic
auction shall incorporate these Conditions or licence shall not justify cancellation or Area may be disclosed to countries outside
as if sold in the auction. (d) apply any payments made to Sotheby’s rescission of the sale contract or any delay the European Economic Area. Although
by the buyer as part of the Purchase Price such countries may not have legislation that
7. PAYMENT AND COLLECTION and Buyer’s Expenses towards that or any in payment. protects a client’s personal information,
other lot purchased by the Buyer, or to any 11. GENERAL
(a) Unless otherwise agreed, payment of shortfall on the resale of any lot pursuant Sotheby’s shall take reasonable steps
the Purchase Price for a lot and any Buyer’s to paragraph (h) below, or to any damages (a) All images and other materials produced to keep such information secure and in
Expenses are due by the Buyer in pounds suffered by Sotheby’s as a result of breach for the auction are the copyright of accordance with European data protection
sterling immediately on conclusion of the of contract by the Buyer; Sotheby’s, for use at Sotheby’s discretion. principles. By agreeing to these Conditions
auction (the “Due Date”) notwithstanding of Business, the client is agreeing to such
any requirements for export, import or (e) reject future bids from the Buyer or (b) Notices to Sotheby’s should be in disclosure.
other permits for such lot. render such bids subject to payment of a writing and addressed to the department Please be aware that Sotheby’s may film
deposit; in charge of the sale, quoting the reference
(b) Title in a purchased lot will not pass number specified at the beginning of the auctions or other activities on Sotheby’s
until Sotheby’s has received the Purchase (f) charge interest at 6% per annum above sale catalogue. Notices to Sotheby’s clients premises and that such recordings may be
Price and Buyer’s Expenses for that lot in HSBC Bank plc Base Rate from the Due shall be addressed to the last address transmitted over the Internet via Sotheby’s
cleared funds. Sotheby’s is not obliged to Date to the date the Purchase Price and formally notified by them to Sotheby’s. website. Telephone bids may be recorded.
release a lot to the Buyer until title in the lot relevant Buyer’s Expenses are received Under European data protection laws,
has passed and appropriate identification in cleared funds (both before and after (c) Should any provision of these Conditions a client may object, by request and free
has been provided, and any earlier release judgement); of Business be held unenforceable for any of charge, to the processing of their
does not affect the passing of title or the (g) exercise a lien over any of the Buyer’s reason, the remaining provisions shall information for certain purposes, including
Buyer’s unconditional obligation to pay the remain in full force and effect. direct marketing, and may access and
Purchase Price and Buyer’s Expenses. property which is in the possession of (d) These Conditions of Business are
a Sotheby’s Company. Sotheby’s shall rectify personal data relating to them
(c) The Buyer is obliged to arrange inform the Buyer of the exercise of any not assignable by any Buyer without and may obtain more information about
collection of purchased lots no later than such lien and within 14 days of such notice Sotheby’s prior written consent, but are Sotheby’s data protection policies by writing
thirty (30) calendar days after the date may arrange the sale of such property and binding on Buyers’ successors, assigns and to Sotheby’s, 34-35 New Bond Street,
of the auction. Purchased lots are at the apply the proceeds to the amount owed to representatives. No act, omission or delay London W1A 2AA, or 1334 York Avenue,
Buyer’s risk (and therefore their sole Sotheby’s; by Sotheby’s shall be deemed a waiver or New York, NY 10021, Attn: Compliance or
responsibility for insurance) from the (h) resell the lot by auction or private sale, release of any of its rights. emailing enquiries@sothebys.com.
earliest of i) collection or ii) the thirty-first with estimates and reserves at Sotheby’s (e) The Contracts (Rights of Third Parties) 13. LAW AND JURISDICTION
calendar day after the auction. Until risk discretion. In the event such resale is for Act 1999 is excluded by these Conditions of
passes, Sotheby’s will compensate the less than the Purchase Price and Buyer’s Business and shall not apply to any contract Governing Law These Conditions of
Buyer for any loss or damage to the lot Expenses for that lot, the Buyer will remain made pursuant to them. Business and all aspects of all matters,
up to a maximum of the Purchase Price liable for the shortfall together with all costs transactions or disputes to which they
paid. Buyers should note that Sotheby’s incurred in such resale; (f) The materials listed in Condition 1(a) relate or apply (including any online bids in
assumption of liability for loss or damage above set out the entire agreement and the sale to which these Conditions apply)
is subject to the exclusions set out in (i) commence legal proceedings to recover understanding between the parties with shall be governed by and interpreted in
Condition 6 of the Conditions of Business the Purchase Price and Buyer’s Expenses respect to the subject matter hereof. It is accordance with English law.
for Sellers. for that lot, together with interest and agreed that, save in respect of liability for Jurisdiction For the benefit of Sotheby’s, all
the costs of such proceedings on a full fraudulent misrepresentation, no party has
(d) For all items stored by a third party and indemnity basis; or entered into any contract pursuant to these Bidders and Sellers agree that the Courts of
not available for collection from Sotheby’s terms in reliance on any representation, England are to have exclusive jurisdiction to
premises, the supply of authority to release (j) release the name and address of the warranty or undertaking which is not settle all disputes arising in connection with
to the Buyer shall constitute collection by Buyer to the Seller to enable the Seller to expressly referred to in such materials. all aspects of all matters or transactions to
the Buyer. commence legal proceedings to recover the which these Conditions of Business relate or
amounts due and legal costs. Sotheby’s will 12. DATA PROTECTION apply. All parties agree that Sotheby’s shall
(e) All packing and handling is at the Buyer’s take reasonable steps to notify the Buyer retain the right to bring proceedings in any
risk. Sotheby’s will not be liable for any prior to releasing such details to the Seller. Sotheby’s will use information provided by court other than the Courts of England.
acts or omissions of third party packers or its clients (or which Sotheby’s otherwise
shippers. 9. FAILURE TO COLLECT PURCHASES obtains relating to its clients) for the Service of Process All Bidders and Sellers
provision of auction and other art-related irrevocably consent to service of process
(f) The Buyer of any firearm is solely (a) If the Buyer pays the Purchase Price services, loan and insurance services, or any other documents in connection
responsible for obtaining all valid firearm and Buyer’s Expenses but fails to collect a client administration, marketing and
or shotgun certificates or certificates of purchased lot within thirty calendar days otherwise to manage and operate its with proceedings in any court by facsimile
transmission, personal service, delivery
registration as a firearms dealer, as may of the auction, the lot will be stored at the business, or as required by law. This will
be required by the regulations in force Buyer’s expense (and risk) at Sotheby’s or include information such as the client’s by mail or in any other manner permitted
by English law, the law of the place of
IMPORTANT CHINESE ART 191