Page 92 - Chinese Jades Nov 30 2017 Hong Kong

值，均可能須申領許可證或證書方可出口至 and Sellers contract with Bidders are set its subsidiaries (in each case ‘subsidiary’ (b) In the light of the matters in Condition
香港境外，且由香港境外國家進口時可能須 out below. having the meaning of Section 2 of the 3 above and subject to Conditions 4(a) and
申領其他許可證或證書。務請注意，能取得 Companies Ordinance Cap.32). 4(e), neither any Sotheby’s Company nor the
出口許可證或證書並不能確保可在另一國家 Bidders’ attention is specifi cally drawn to Seller:
取得進口許可證或證書，反之亦然。例如， Conditions 3 and 4 below, which require 3. DUTIES OF BIDDERS AND OF
進口非洲象牙至美國即屬非法。蘇富比建議 them to investigate lots prior to bidding SOTHEBY’S IN RESPECT OF ITEMS (i) is liable for any errors or omissions in
買家向相關政府查核有關野生動植物進口之 and which contain specifi c limitations and FOR SALE information provided to Bidders by Sotheby’s
規定後再參與競投。買家須負責取得任何出 exclusions of the legal liability of Sotheby’s (a) Sotheby’s knowledge in relation to each lot (or any Sotheby’s Company), whether orally
口或進口許可證及∕或證書，以及任何其他 and Sellers. The limitations and exclusions is partially dependent on information provided or in writing, whether negligent or otherwise,
所需文件（ 請參閱載於本圖錄之買家業務規 relating to Sotheby’s are consistent with to it by the Seller, and Sotheby’s is not able except as set out in Condition 3(f) above;
則第10 條 ）。 its role as auctioneer of large quantities to and does not carry out exhaustive due (ii) gives any guarantee or warranty to
diligence on each lot. Bidders acknowledge Bidders and any implied warranties and
of goods of a wide variety and Bidders conditions are excluded (save in so far as
5. 其他服務 should pay particular attention to these this fact and accept responsibility for carrying
out inspections and investigations to satisfy such obligations cannot be excluded by law)
Conditions. themselves as to the lots in which they may other than the express warranties given by
財務服務 蘇富比向客戶提供多種財務服 be interested. the Seller to the Buyer in Condition 2 of the
務，其中括為委託提供預付款、及以不擬 1. INTRODUCTION Sellers’ Conditions of Business;
出售之藝術收藏品作為抵押之貸款。本文並 (a) Sotheby’s and Sellers’ contractual (b) Each lot off ered for sale at Sotheby’s is (iii) accepts responsibility to any Bidders
不構成建議或要約。本文所述之服務均須受 relationship with prospective Buyers is available for inspection by Bidders prior to the in respect of acts or omissions (whether
制於該服務地區之法律及法規司法管轄。有 governed by: sale. Sotheby’s accepts bids on lots solely negligent or otherwise) by Sotheby’s in
關進一步資料，請致電香港的蘇富比財務服 on the basis that Bidders (and independent connection with the conduct of auctions or for
務部，電話號碼是+852 2822 8188，或倫 (i) these Conditions of Business; experts on their behalf, to the extent any matter relating to the sale of any lot.
敦的蘇富比財務服務部，電話號碼是+44 20 (ii) the Conditions of Business for Sellers appropriate given the nature and value of the
7293 5273。 displayed in the saleroom and which are lot and the Bidder’s own expertise) have fully (c) Unless Sotheby’s owns a lot off ered for
available upon request from Sotheby’s Hong inspected the lot prior to bidding and have sale, it is not responsible for any breach of
Kong salerooms or by telephoning (852) these conditions by the Seller.
拍賣前估價 蘇富比樂意為閣下之物品提供拍 2524 8121; satisfi ed themselves as to both the condition
賣前初步估價，此項免費服務由香港蘇富比之 (iii) Sotheby’s Authenticity Guarantee as of the lot and the accuracy of its description.
專家提供，服務時間為周一至五上午九時三十 printed in the sale catalogue; (d) Without prejudice to Condition 4(b), any
claim against Sotheby’s or the Seller by a
分至下午四時三十分。本公司建議閣下與有關 (iv) any additional notices and terms printed (c) Bidders acknowledge that many lots are Bidder is limited to the Purchase Price with
之專家部門作預約。如有所要求，本公司更會 in the sale catalogue including the Guide for of an age and type which means that they are regard to that lot. Neither Sotheby’s nor the
not in perfect condition. All lots are off ered
到府上為閣下之物品提供拍賣前初步估價。 Prospective Buyers; and for sale in the condition they are in at the Seller shall under any circumstances be liable
(v) in respect of online bidding via the time of the auction (whether or not Bidders for any consequential losses.
估值 估值部門就保險、遺囑認證及承繼權 internet, the BID now Conditions on the are in attendance at the auction). Condition
劃分、資產管理及稅務方案需要提供物品之 Sotheby’s website, reports may be available to assist when (e) None of this Condition 4 shall exclude
書面清單及估值。估值費用相宜，可因應不 in each case as amended by any saleroom inspecting lots. Catalogue descriptions and or limit Sotheby’s liability in respect of any
同要求而作出，並能切合大部份需要。如欲 notice or auctioneer’s announcement at the condition reports may on occasions make fraudulent misrepresentation made by
索取更多資料，請與有關之專家部門聯絡， auction. reference to particular imperfections of a lot, Sotheby’s or the Seller, or in respect of death
電話號碼為(852) 2524 8121，傳真號碼為： but Bidders should note that lots may have or personal injury caused by the negligent
(852) 2810 6238。 (b) As auctioneer, Sotheby’s acts as agent other faults not expressly referred to in the acts or omissions of Sotheby’s or the Seller.
for the Seller. A sale contract is made directly catalogue or condition report. Illustrations
between the Seller and the Buyer. However, are for identifi cation purposes only and will 5. BIDDING AT AUCTION
Sotheby’s may own a lot (and in such (a) Sotheby’s has absolute discretion to
TAX INFORMATION FOR BUYERS not convey full information as to the actual
circumstances acts in a principal capacity as condition of lots. refuse admission to the auction. Bidders
Buyers from outside Hong Kong should note Seller) and/or may have a legal, benefi cial or must complete a Paddle Registration Form
that local sales taxes or use taxes may be- fi nancial interest in a lot as a secured creditor (d) Information provided to Bidders in and supply such information and references
come payable upon import of items following or otherwise. respect of any lot, including any estimate, as required by Sotheby’s. Bidders act as
purchase (for example, the Use Tax payable whether written or oral and including principal unless they have Sotheby’s prior
on import of purchased items to certain states 2. COMMON TERMS information in any catalogue, condition or written consent to bid as agent for another
of the USA). In these Conditions of Business: other report, commentary or valuation, is party. Bidders are personally liable for their
not a representation of fact but rather is bid and are jointly and severally liable with
Sotheby’s is currently registered to collect Bidder is any person considering, making or a statement of opinion genuinely held by their principal if bidding as agent.
USA sales tax in the states of California and attempting to make a bid, by whatever means, Sotheby’s. Any estimate may not be relied on
New York. If the property is delivered into any and includes Buyers; as a prediction of the selling price or value of (b) Sotheby’s advises Bidders to attend the
Buyer is the person who makes the highest the lot and may be revised from time to time auction but will seek to carry out absentee
of the states in which Sotheby’s is registered,
Sotheby’s is required by law to collect and bid or off er accepted by the auctioneer, and in Sotheby’s absolute discretion. written bids which are in Hong Kong dollars
includes such person’s principal when bidding and, in Sotheby’s opinion, clear and received
remit the appropriate sales tax in eff ect in the
as agent; (e) No representations or warranties are suffi ciently in advance of the sale of the lot,
state where the property is delivered.
Buyer’s Expenses are any costs or made by Sotheby’s or the Seller as to whether endeavouring to ensure that the fi rst received
expenses due to Sotheby’s from the Buyer; any lot is subject to copyright or whether the of identical written bids has priority.
Buyers should obtain their own tax advice
Buyer’s Premium is the commission Buyer acquires copyright in any lot.
from their tax advisors in this regard. (c) Where available, written, telephone
payable by the Buyer on the Hammer Price at
the rates set out in the Guide for Prospective (f) Subject to the matters referred to at 3(a) and internet bids are off ered as an
買家稅務信息 Buyers; to 3(e) above and to the specifi c exclusions additional service for no extra charge, at the
Bidder’s risk and shall be undertaken with
Counterfeit is as defi ned in Sotheby’s contained at Condition 4 below, Sotheby’s reasonable care subject to Sotheby’s other
shall exercise such reasonable care when
香港以外之買家應注意，當進口購買品時， Authenticity Guarantee; making express statements in catalogue commitments at the time of the auction;
或須繳付當地之銷售稅或使用稅（例如進口 Hammer Price is the highest bid accepted descriptions or condition reports as is Sotheby’s therefore cannot accept liability
購買品至美國並付運到某些州份時，所需繳 by the auctioneer by the fall of the hammer, consistent with its role as auctioneer of lots in for failure to place such bids save where
付之銷售稅或使用稅）。 (in the case of wine, as apportioned pro-rata the sale to which these Conditions relate, and such failure is unreasonable. Telephone and
by reference to the number of separately
identifi ed items in that lot), or in the case of a in the light of internet bids may be recorded. Internet bids
蘇富比現時已在美國加利福尼亞州及紐約 post-auction sale, the agreed sale price; (“BID now ”) are made subject to the BID now
州登記為美國銷售稅納稅人。根據有關法 Purchase Price is the Hammer Price and (i) the information provided to it by the Conditions available on the Sotheby’s website
律，蘇富比付運購買品至已登記為美國銷售 applicable Buyer’s Premium; Seller; or upon request. The BID now Conditions apply
稅納稅人之州份時，必須徵收並繳交相關 Reserve is the (confi dential) minimum (ii) scholarship and technical knowledge; and in relation to online bids, in addition to these
之稅項。 Hammer Price at which the Seller has agreed (iii) the generally accepted opinions of Conditions of Business.
to sell a lot; relevant experts, in each case at the time any
買家應自行向稅務顧問就此方面尋求稅務 Seller is the person off ering a lot for sale such express statement is made. 6. CONDUCT OF THE AUCTION
意見。 (including their agent (other than Sotheby’s), (a) Unless otherwise specifi ed, all lots are
executors or personal representatives); 4. EXCLUSIONS AND LIMITATIONS OF off ered subject to a Reserve, which shall be
Sotheby’s means Sotheby’s Hong Kong LIABILITY TO BUYERS no higher than the low presale estimate at the
CONDITIONS OF BUSINESS Ltd., which has its registered offi ce at Level (a) Sotheby’s shall refund the Purchase Price time of the auction.
54, Hopewell Centre, 183 Queen’s Road East, to the Buyer in circumstances where it deems
The nature of the relationship between Hong Kong; that the lot is a Counterfeit and each of the (b) The auctioneer has absolute discretion at
Sotheby’s, Sellers and Bidders and the Sotheby’s Company means Sotheby’s in conditions of the Authenticity Guarantee has any time to refuse or accept any bid, withdraw
terms on which Sotheby’s (as auctioneer) the USA and any of its subsidiaries (including been satisfi ed. any lot, re-off er a lot for sale (including after
Sotheby’s) and Sotheby’s Diamonds SA and the fall of the hammer), and take such other
action as he reasonably thinks fi t.
90 SOTHEBY’S 蘇富比