Page 194 - 2019 September 10th Sotheby's Important Chinese Art Jades, Met Museum Irving Collection NYC

by the auctioneer will be the purchaser. The Bidding (“Online Terms”). By participating herein, we, at our option, may (x) cancel
CONDITIONS OF SALE auctioneer has absolute and sole discretion in a sale via any Online Platform, Bidders the sale of that, or any other lot or lots
in the case of error or dispute with respect accept the Online Terms, as well as the sold to the defaulting purchaser at the
The following Conditions of Sale and Terms to bidding, and whether during or after the relevant Conditions of Sale. Online bidding same or any other auction, retaining as
of Guarantee are Sotheby’s, Inc. and the sale, to determine the successful bidder, to may not be available for Premium Lots. liquidated damages all payments made by
Consignor’s entire agreement with the re-open the bidding, to cancel the sale or the purchaser, or (y) resell the purchased
purchaser and any bidders relative to the to re-o" er and re-sell the item in dispute. If 8. Bids Below Reserve"If the auctioneer property, whether at public auction or by
property listed in this catalogue. any dispute arises after the sale, our sale deter mines that any opening bid is below private sale, or (z) e" ect any combination
The Conditions of Sale, Terms of record is conclusive. In our discretion we the reserve of the article o" ered, he may thereof. In any case, the purchaser will
Guarantee, the glossary, if any, and all other will execute order or absentee bids and reject the same and withdraw the article be liable for any deÞ ciency, any and all
contents of this catalogue are subject to accept telephone bids and online bids via from sale, and if, having acknowledged costs, handling charges, late charges,
amendment by us by the posting of notices BIDnow, eBay, Invaluable or other online an opening bid, he deter mines that any expenses of both sales, our com missions
or by oral announcements made during platforms as a convenience to clients who advance thereafter is insu# cient, he may on both sales at our regular rates, legal
the sale. The property will be o! ered by are not present at auctions; Sotheby’s is reject the advance. fees and expenses, collection fees and
us as agent for the Consignor, unless the not responsible for any errors or omissions incidental damages. We may, in our sole
catalogue indicates otherwise. in connection there with. Prospective 9. Purchaser’s Responsibility"Subject discretion, apply any proceeds of sale
By partici pating in any sale, you bidders should also consult sothebys.com to fulÞ ll ment of all of the conditions set then due or thereafter becoming due to
acknowledge that you are bound by these for the most up to date cataloguing of the forth herein, on the fall of the auctioneer’s the purchaser from us or any a# liated
terms and conditions. property in this catalogue. hammer, the contract between the company, or any payment made by the
By participating in the sale, you represent consignor and the purchaser is concluded, purchaser to us or any a# liated company,
1. As Is Goods auctioned are often and warrant that any bids placed by you, and the winning bidder thereupon will whether or not intended to reduce the
of some age. The authenticity of the or on your behalf, are not the product of immediately pay the full purchase price purchaser’s obligations with respect to
Authorship (as deÞ ned below) of property any collusive or other anti-competitive or such part as we may require. Title in a the unpaid lot or lots, to the deÞ ciency
listed in the catalogue is guaranteed as agreement and are otherwise consistent purchased lot will not pass until Sotheby’s and any other amounts due to us or
stated in the Terms of Guarantee and with federal and state antitrust law. has received the full purchase price in any a# liated companies. In addition, a
except for the Limited Warranty contained By participating in the sale, you cleared funds. The purchaser’s obligation defaulting purchaser will be deemed to
therein, all property is sold “AS IS” without represent and warrant that: to immediately pay the full purchase price have granted and assigned to us and our
any representations or warranties by us or (a) The bidder and/or purchaser is not or such part as we may require is absolute a# liated companies, a continuing security
the Consignor as to merchantability, Þ tness subject to trade sanctions, embargoes and unconditional and is not subject to any interest of Þ rst priority in any property or
for a particular purpose, the correctness or any other restriction on trade in the defenses, seto" s or counterclaims of any money of or owing to such purchaser in
of the catalogue or other description of jurisdiction in which it does business as well kind whatsoever. Sotheby’s is not obligated our possession, custody or control or in
the physical condition, size, quality, rarity, as under the laws of the European Union, to release a lot to the purchaser until title to the possession, custody or control of any
importance, medium, frame, provenance, the laws of England and Wales, or the laws the lot has passed and any earlier release of our a# liated companies, in each case
exhibitions, literature or historical relevance and regulations of the United States, and is does not a" ect the passing of title or the whether at the time of the auction, the
of any property and no statement not owned (nor partly owned) or controlled purchaser’s unconditional obligation to pay default or if acquired at any time thereafter,
anywhere, whether oral or written, whether by such sanctioned person(s) (collectively, the full purchase price. In addition to other and we may retain and apply such property
made in the catalogue, an advertisement, “Sanctioned Person(s)”); remedies available to us by law, we reserve or money as collateral security for the
a bill of sale, a salesroom posting or (b) Where acting as agent (with the right to impose from the date of sale a obligations due to us or to any a# liated
announcement, or elsewhere, shall be Sotheby’s prior written consent), the late charge of the annual percentage rate company of ours. We shall have all of the
deemed such a warranty, representation principal is not a Sanctioned Person(s) nor of Prime + 6% of the total purchase price rights accorded a secured party under
or assumption of liability. We and the owned (or partly owned) or controlled by if payment is not made in accordance with the New York Uniform Commercial Code.
Consignor make no representations Sanctioned Person(s); and the conditions set forth herein. Please note You hereby agree that Sotheby’s may Þ le
and warranties, express or implied, as (c) The bidder and/or purchaser Sotheby’s reserves the right to refuse to Þ nancing statements under the New York
to whether the purchaser acquires any undertakes that none of the purchase accept payment from a source other than Uniform Commercial Code without your
copyrights, including but not limited to, price will be funded by any Sanctioned the buyer of record. signature. Payment will not be deemed
any reproduction rights in any property. Person(s), nor will any party be involved Unless otherwise agreed by Sotheby’s, to have been made in full until we have
We and the Consignor are not responsible in the transaction including Þ nancial all property must be removed from our collected good funds. Any claims relating
for errors and omissions in the catalogue, institutions, freight forwarders or other premises by the purchaser at his expense to any purchase, including any claims
glossary, or any supplemental material. forwarding agents or any other party not later than 30 calendar days following under the Conditions of Sale or Terms of
Sotheby’s will not be responsible or liable be a Sanctioned Person(s) nor owned its sale. Purchasers are reminded that Guarantee, must be presented directly
for damage to frames and glass coverings, (or partly owned) or controlled by a Sotheby’s liability for loss of or damage to to Sotheby’s. In the event the purchaser
regardless of the cause. Sanctioned Person(s), unless such sold property shall cease upon the earlier fails to pay any or all of the total purchase
activity is authorized in writing by the of (a) 30 calendar days after the date of the price for any lot and Sotheby’s nonetheless
2. Inspection"Prospective bidders should government authority having jurisdiction auction and (b) our release of the property elects to pay the Consignor any portion
inspect the property before bidding to over the transaction or in applicable law or to the purchaser or the purchaser’s of the sale proceeds, the purchaser
determine its condition, size, and whether regulation. designated agent. Upon the expiration acknowledges that Sotheby’s shall have
or not it has been repaired or restored. In order to bid on “Premium Lots” you of such 30 calendar day period or upon all of the rights of the Consignor to pursue
must complete the required Premium Lot such earlier release, as applicable: (i) the the purchaser for any amounts paid to the
3. Buyer’s Premium"A buyer’s premium pre-registra tion application. Sotheby’s purchaser bears full liability for any and all Consignor, whether at law, in equity, or
will be added to the hammer price and is decision whether to accept any pre- loss of or damage to the property; (ii) the under these Conditions of Sale.
payable by the purchaser as part of the registration application shall be Þ nal. You purchaser releases Sotheby’s, its a# liates,
total purchase price. The buyer’s premium must arrange for Sotheby’s to receive agents and warehouses from any and all 10. Reserve"All lots in this catalogue are
is 25% of the hammer price up to and your pre-registration application at least liability and claims for loss of or damage o" ered subject to a reserve, which is the
including $400,000, 20% of any amount three working days before the sale. Please to the property; and (iii) the purchaser conÞ dential minimum hammer price at
in excess of $400,000 up to and including bear in mind that we are unable to obtain agrees to indemnify and hold Sotheby’s, its which a lot will be sold. No reserve will
$4,000,000, and 13.9% of any amount in Þ nancial references over weekends or a# liates, agents and warehouses harmless exceed the low presale estimate stated
excess of $4,000,000. public holidays. from and against any and all liability for in the catalogue, or as amended by oral
Sotheby’s may require such necessary loss of or damage to property and any or posted notices. We may implement
Þ nancial references, guarantees, deposits such reserve by opening the bidding on
4. Withdrawal"We reserve the right to all claims related to loss of or damage to
withdraw any property before the sale and and/or such other security, in its absolute the property as of and from and after the behalf of the Consignor and may bid up
shall have no liability whatsoever for such discretion, as security for your bid(s). time Sotheby’s liability for loss or damage to the amount of the reserve, by placing
withdrawal. to the property ceases in accordance successive or consecutive bids for a lot,
7. Online Bids via BIDnow or other Online with this paragraph. If any applicable or bids in response to other bidders. In
Platforms: Sotheby’s may o" er clients instances where we have an interest in the
5. Per Lot"Unless otherwise announced the opportunity to bid online via BIDnow, conditions herein are not complied with
by the auctioneer, all bids are per lot as by the purchaser, the purchaser will be in lot other than our commission, we may bid
numbered in the catalogue. eBay, Invaluable or other Online Platforms default and in addition to any and all other up to the reserve to protect such interest.
for selected sales. By participating in a remedies available to us and the Consignor In certain instances, the Consignor may
sale via any of these Online Platforms, you by law, including, without limitation, the pay us less than the standard commission
6. Bidding"We reserve the right to reject acknowledge that you are bound by these rate where a lot is “bought-in” to protect
any bid. The highest bidder acknowledged right to hold the purchaser liable for the
Conditions of Sale as well as the Additional total purchase price, including all fees, its reserve.
Terms and Conditions for Live Online charges and expenses more fully set forth
192 SOTHEBY’S