Page 160 - Fine Classical Chinese Paintings SOthebys Hong Kong April 1 2019

(c) set off any amounts owed to the Buyer by breach of contract, together with interest terms in reliance on any representation, (i) the catalogue description was in
a Sotheby’s Company against any amounts and the costs of such proceedings on a full warranty or undertaking which is not accordance with the generally accepted
owed to Sotheby’s by the Buyer in respect of indemnity basis; or expressly referred to in such materials. opinions of scholar(s) and expert(s) at the
the lot and/or any shortfall in the Purchase date of the sale, or the catalogue description
Price and Buyer’s Expenses in the event of (j) release the name and address of the 12. DATA PROTECTION indicated that there was a confl ict of such
a resale under Condition 8(h) below (on a Buyer to the Seller to enable the Seller to We will hold and process your personal opinions; or
pro-rata basis where more than one lot is commence legal proceedings to recover information and may share it with
purchased by the Buyer at the auction and is the amounts due or claim damages for the another Sotheby’s Company for use as (ii) the only method of establishing at the date
then resold), and/or any claim by Sotheby’s Buyer’s breach of contract and legal costs. described in, and in line with, our Privacy of the sale that the item was a counterfeit
against the Buyer for damages for the Buyer’s Sotheby’s will take reasonable steps to notify Policy published on our website at www. would have been by means of processes
breach of contract (including but not limited the Buyer prior to releasing such details to the sothebys.com or available on request by not then generally available or accepted,
to the Buyer’s Premium in the event of a Seller. email to enquiries@sothebys.com. unreasonably expensive or impractical to use;
termination of the sale contract); or likely to have caused damage to the lot or
9. FAILURE TO COLLECT PURCHASES likely (in Sotheby’s reasonable opinion) to
(d) apply as Sotheby’s sees fit any (a) If the Buyer pays the Purchase Price 13. LAW AND JURISDICTION have caused loss of value to the lot; or
payments, including deposits, made by or and Buyer’s Expenses but fails to collect a
on behalf of the Buyer in respect of this purchased lot within thirty calendar days Governing Law These Conditions of (iii) there has been no material loss in
transaction or otherwise, towards (i) any of the auction, the lot will be stored at the Business and all aspects of all matters, value of the lot from its value had it been in
costs, Buyer’s Expenses or debts owed by Buyer’s expense (and risk) at Sotheby’s or transactions or disputes to which they relate accordance with its description.
the Buyer to any Sotheby’s Company, and/ with a third party. or apply shall be governed by and interpreted
or (ii) any shortfall in the Purchase Price and in accordance with Hong Kong law. This Guarantee is provided for a period of
Buyer’s Expenses in the event of a resale (b) If a purchased lot is paid for but not fi ve (5) years after the date of the relevant
under Condition 8(h) below (on a pro-rata collected within six months of the auction, Jurisdiction For the benefi t of Sotheby’s, all auction, is solely for the benefi t of the Buyer
basis where more than one lot is purchased the Buyer authorises Sotheby’s, having given Bidders and Sellers agree that the Hong Kong and may not be transferred to any third party.
by the Buyer at the auction and is then notice to the Buyer, to arrange a resale of the Courts are to have exclusive jurisdiction to To be able to claim under this Guarantee, the
resold), and/or (iii) any claim by Sotheby’s item by auction or private sale, with estimates settle all disputes arising in connection with Buyer must:-
against the Buyer for damages for the and reserves at Sotheby’s discretion. The all aspects of all matters or transactions to
Buyer’s breach of contract (including but proceeds of such sale, less all costs incurred which these Conditions of Business relate or (i) notify Sotheby’s in writing within three
not limited to the Buyer’s Premium in the by Sotheby’s, will be forfeited unless collected apply. All parties agree that Sotheby’s shall (3) months of receiving any information that
event of a termination of the sale contract). by the Buyer within two years of the original retain the right to bring proceedings in any causes the Buyer to question the authenticity
For the avoidance of doubt, if more than one auction. court other than the Hong Kong Courts. or attribution of the item, specifying the lot
lot is purchased by the Buyer at the auction number, date of the auction at which it was
and the Buyer makes a partial payment but 10. EXPORT AND PERMITS Service of Process All Bidders and Sellers purchased and the reasons why it is thought
fails to pay in full the Purchase Price of all It is the Buyer’s sole responsibility to identify irrevocably consent to service of process to be counterfeit; and
lots purchased by him within fi ve days of the and obtain any necessary export, import, or any other documents in connection
auction or in accordance with any payment fi rearm, endangered species or other permit with proceedings in any court by facsimile (ii) return the item to Sotheby’s in the same
schedule agreed with Sotheby’s, Sotheby’s for the lot and to complete any required export transmission, personal service, delivery condition as at the date of sale to the Buyer
is entitled, at its absolute discretion, to or import manifest, list or documentation. by mail or in any other manner permitted and be able to transfer good title in the item,
reject any instruction or request that the Any symbols or notices in the sale catalogue by Hong Kong law, the law of the place of free from any third party claims arising after
whole or a part of such partial payment be reflect Sotheby’s reasonable opinion at service or the law of the jurisdiction where the date of the sale.
applied towards the Purchase Price of, and/ the time of cataloguing and off er Bidders proceedings are instituted, at the last address
or the shortfall and/or Sotheby’s claim for general guidance only. Without prejudice of the Buyer or Seller known to Sotheby’s or Sotheby’s has discretion to waive any of the
damages in respect of, any particular lot(s) to Conditions 3 and 4 above, Sotheby’s any other usual address. above requirements. Sotheby’s may require
purchased by the Buyer; and the Seller make no representations or the Buyer to obtain at the Buyer’s cost the
warranties as to whether any lot is or is not General Authenticity Guarantee reports of two independent and recognised
(e) reject future bids from the Buyer or render subject to export or import restrictions or In respect of fine Chinese paintings, the experts in the fi eld, mutually acceptable to
such bids subject to payment of a deposit; any embargoes. The denial of any permit artists’ names recorded in this catalogue Sotheby’s and the Buyer. Sotheby’s shall
such deposit to be applied at Sotheby’s or licence shall not justify cancellation or (if any) are not to be taken as unqualifi ed not be bound by any reports produced by
discretion in the event of subsequent non- rescission of the sale contract or any delay in attributions to the artists named. No the Buyer, and reserves the right to seek
payment or late payment; payment. We shall not be responsible for any unqualified attributions to any artist or additional expert advice at its own expense.
liability arising from any failure to complete date are made or intended. The current In the event Sotheby’s decides to rescind
(f) charge interest at a rate not exceeding 2% or submit the required export or import scholarship in the fi eld of Chinese paintings the sale under this Guarantee, it may refund
per month from the Due Date to the date the manifest, list or documentation. does not permit unqualifi ed statements as to the Buyer the reasonable costs of up to
Purchase Price and relevant Buyer’s Expenses to authorship or date of execution. Therefore, two mutually approved independent expert
are received in cleared funds; 11. GENERAL none of the fi ne Chinese paintings in this reports.
(a) All images and other materials produced catalogue are subject to any guarantee of
(g) exercise a lien over any of the Buyer’s for the auction are the copyright of Sotheby’s, authenticity and all such property is sold
property which is in the possession of for use at Sotheby’s discretion. as is in accordance with the Conditions of 蘇富比之香港業務規則
a Sotheby’s Company. Sotheby’s shall Business. Any assistance given by Sotheby’s
inform the Buyer of the exercise of any (b) Notices to Sotheby’s should be in staff to a buyer in selecting a purchase is 買家之業務規則
such lien and within 14 days of such notice writing and addressed to the department given without prejudice to the above. Buyers 蘇富比、賣家及競投人之關係性質及蘇富比
may arrange the sale of such property and in charge of the sale, quoting the reference are recommended to take independent （作為拍賣官 ）及賣家與競投人所訂立合約之
apply the proceeds to the amount owed number specifi ed at the beginning of the sale professional advice on selection of purchases. 條款於下文載列。
to Sotheby’s, and/or any shortfall in the catalogue. Notices to Sotheby’s clients shall Notwithstanding the above, if Sotheby’s sells 競投人務請細閱下文規則第3 及4 條，該兩
Purchase Price and Buyer’s Expenses in be addressed to the last address formally an item which subsequently is shown to be 條要求競投人在投標前檢查拍賣品，並闡述
the event of a resale under Condition 8(h) notifi ed by them to Sotheby’s. a “counterfeit”, subject to the terms below
below (on a pro-rata basis where more Sotheby’s will set aside the sale and refund to 了蘇富比及賣家之法律責任之具體限制及豁
than one lot is purchased by the Buyer at (c) Should any provision of these Conditions the Buyer the total amount paid by the Buyer 免。有關蘇富比所持有之限制及豁免符合其
the auction and is then resold), and/or any of Business be held unenforceable for any to Sotheby’s for the item, in the currency of 作為大量不同種類貨品拍賣官之身份，競投
claim by Sotheby’s against the Buyer for reason, the remaining provisions shall remain the original sale. 人應特別注意該等規則。
damages for the Buyer’s breach of contract in full force and eff ect. For these purposes, “counterfeit” means
(including but not limited to the Buyer’s a lot that in Sotheby’s reasonable opinion 1. 序言
Premium in the event of a termination of the (d) These Conditions of Business are is an imitation created to deceive as to (a) 蘇富比及賣家與準買家之合約關係受下
sale contract); not assignable by any Buyer without authorship, origin, date, age, period, culture 列各項規管：
Sotheby’s prior written consent, but are or source, where the correct description
(h) resell the lot by auction or private sale, binding on Buyers’ successors, assigns and of such matters is not reflected by the (i) 本業務規則；
with estimates and reserves at Sotheby’s representatives. No act, omission or delay by description in the catalogue (taking into (ii) 賣家在銷售處展示之業務規則（可於蘇富
discretion. In the event such resale is for Sotheby’s shall be deemed a waiver or release account any Glossary of Terms). No lot shall 比之香港銷售處或致電(852) 2524 8121 索
less than the Purchase Price and Buyer’s of any of its rights. be considered a counterfeit by reason only 取 ）；
Expenses for that lot, the Buyer will remain of any damage and/or restoration and/or (iii) 銷售目錄所載之蘇富比保證書；及
liable for the shortfall together with all costs (e) The materials listed in Condition 1(a) modifi cation work of any kind (including (iv) 銷售目錄所載之任何附加通知及條款，
incurred in such resale; above set out the entire agreement and repainting or over-painting). 包括「給準買家之指引 」；
understanding between the parties with
(i) commence legal proceedings to recover respect to the subject matter hereof. It is Please note that this Guarantee does not (v) 就透過互聯網進行網上競投而言，蘇富
now
the Purchase Price and Buyer’s Expenses for agreed that, save in respect of liability for apply if either:- 比網頁之BID 網上競投服務規則。
that lot, or to claim damages for the Buyer’s fraudulent misrepresentation, no party has 在各情況下按任何銷售通知或拍賣官於拍賣
entered into any contract pursuant to these 時所公佈所修訂。
158 SOTHEBY’S