Page 295 - Sotheby's Chinese Art and Porcelain Auction New York September 12, 2018

by the auctioneer will be the purchaser. The defenses, seto! s or counterclaims of any a# liated companies, a continuing security
CONDITIONS OF SALE auctioneer has absolute and sole discretion kind whatsoever. Sotheby’s is not obligated interest of Þ rst priority in any property or
in the case of error or dispute with respect to release a lot to the purchaser until title to money of or owing to such purchaser in
The following Conditions of Sale and Terms to bidding, and whether during or after the the lot has passed and any earlier release our possession, custody or control or in
of Guarantee are Sotheby’s, Inc. and the sale, to determine the successful bidder, to does not a! ect the passing of title or the the possession, custody or control of any
Consignor’s entire agreement with the re-open the bidding, to cancel the sale or purchaser’s unconditional obligation to pay of our a# liated companies, in each case
purchaser and any bidders relative to the to re-o! er and re-sell the item in dispute. If the full purchase price. In addition to other whether at the time of the auction, the
property listed in this catalogue. any dispute arises after the sale, our sale remedies available to us by law, we reserve default or if acquired at any time thereafter,
The Conditions of Sale, Terms of record is conclusive. In our discretion we the right to impose from the date of sale a and we may retain and apply such property
Guarantee, the glossary, if any, and all other will execute order or absentee bids and late charge of the annual percentage rate or money as collateral security for the
contents of this catalogue are subject to accept telephone bids and online bids via of Prime + 6% of the total purchase price obligations due to us or to any a# liated
amendment by us by the posting of notices BIDnow, eBay, Invaluable or other online if payment is not made in accordance with company of ours. We shall have all of the
or by oral announcements made during platforms as a convenience to clients who the conditions set forth herein. Please note rights accorded a secured party under
the sale. The property will be o: ered by are not present at auctions; Sotheby’s is Sotheby’s reserves the right to refuse to the New York Uniform Commercial Code.
us as agent for the Consignor, unless the not responsible for any errors or omissions accept payment from a source other than You hereby agree that Sotheby’s may Þ le
catalogue indicates otherwise. in connection there with. Prospective the buyer of record. Þ nancing statements under the New York
By partici pating in any sale, you bidders should also consult sothebys.com Unless otherwise agreed by Sotheby’s, Uniform Commercial Code without your
acknowledge that you are bound by these for the most up to date cataloguing of the all property must be removed from our signature. Payment will not be deemed
terms and conditions. property in this catalogue. premises by the purchaser at his expense to have been made in full until we have
By participating in the sale, you represent not later than 30 calendar days following collected good funds. Any claims relating
1."As Is"Goods auctioned are often and warrant that any bids placed by you, its sale. Purchasers are reminded that to any purchase, including any claims
of some age. The authenticity of the or on your behalf, are not the product of Sotheby’s liability for loss of or damage to under the Conditions of Sale or Terms of
Authorship (as deÞ ned below) of property any collusive or other anti-competitive sold property shall cease upon the earlier Guarantee, must be presented directly
listed in the catalogue is guaranteed as agreement and are otherwise consistent of (a) 30 calendar days after the date of the to Sotheby’s. In the event the purchaser
stated in the Terms of Guarantee and with federal and state antitrust law. auction and (b) our release of the property fails to pay any or all of the total purchase
except for the Limited Warranty contained In order to bid on “Premium Lots” you to the purchaser or the purchaser’s price for any lot and Sotheby’s nonetheless
therein, all property is sold “AS IS” without must complete the required Premium Lot designated agent. Upon the expiration elects to pay the Consignor any portion
any representations or warranties by us or pre-registra tion application. Sotheby’s of such 30 calendar day period or upon of the sale proceeds, the purchaser
the Consignor as to merchantability, Þ tness decision whether to accept any pre- such earlier release, as applicable: (i) the acknowledges that Sotheby’s shall have
for a particular purpose, the correctness registration application shall be Þ nal. You purchaser bears full liability for any and all all of the rights of the Consignor to pursue
of the catalogue or other description of must arrange for Sotheby’s to receive loss of or damage to the property; (ii) the the purchaser for any amounts paid to the
the physical condition, size, quality, rarity, your pre-registration application at least purchaser releases Sotheby’s, its a# liates, Consignor, whether at law, in equity, or
importance, medium, frame, provenance, three working days before the sale. Please agents and warehouses from any and all under these Conditions of Sale.
exhibitions, literature or historical relevance bear in mind that we are unable to obtain liability and claims for loss of or damage
of any property and no statement Þ nancial references over weekends or to the property; and (iii) the purchaser 10."ReserveUAll lots in this catalogue are
anywhere, whether oral or written, whether public holidays. agrees to indemnify and hold Sotheby’s, its o! ered subject to a reserve, which is the
made in the catalogue, an advertisement, Sotheby’s may require such necessary a# liates, agents and warehouses harmless conÞ dential minimum hammer price at
a bill of sale, a salesroom posting or Þ nancial references, guarantees, deposits from and against any and all liability for which a lot will be sold. No reserve will
announcement, or elsewhere, shall be and/or such other security, in its absolute loss of or damage to property and any exceed the low presale estimate stated
deemed such a warranty, representation discretion, as security for your bid(s). all claims related to loss of or damage to in the catalogue, or as amended by oral
or assumption of liability. We and the the property as of and from and after the or posted notices. We may implement
Consignor make no representations 7."Online Bids via BIDnow or other Online time Sotheby’s liability for loss or damage such reserve by opening the bidding on
and warranties, express or implied, as Platforms: Sotheby’s may o! er clients to the property ceases in accordance behalf of the Consignor and may bid up
to whether the purchaser acquires any the opportunity to bid online via BIDnow, with this paragraph. If any applicable to the amount of the reserve, by placing
copyrights, including but not limited to, eBay, Invaluable or other Online Platforms conditions herein are not complied with successive or consecutive bids for a lot,
any reproduction rights in any property. for selected sales. By participating in a by the purchaser, the purchaser will be in or bids in response to other bidders. In
We and the Consignor are not responsible sale via any of these Online Platforms, you default and in addition to any and all other instances where we have an interest in the
for errors and omissions in the catalogue, acknowledge that you are bound by these remedies available to us and the Consignor lot other than our commission, we may bid
glossary, or any supplemental material. Conditions of Sale as well as the Additional by law, including, without limitation, the up to the reserve to protect such interest.
Sotheby’s will not be responsible or liable Terms and Conditions for Live Online right to hold the purchaser liable for the In certain instances, the Consignor may
for damage to frames and glass coverings, Bidding (“Online Terms”). By participating total purchase price, including all fees, pay us less than the standard commission
regardless of the cause. in a sale via any Online Platform, Bidders charges and expenses more fully set forth rate where a lot is “bought-in” to protect
accept the Online Terms, as well as the herein, we, at our option, may (x) cancel its reserve.
2."InspectionUProspective bidders should relevant Conditions of Sale. Online bidding the sale of that, or any other lot or lots
inspect the property before bidding to may not be available for Premium Lots. sold to the defaulting purchaser at the 11."TaxUUnless exempted by law, the
determine its condition, size, and whether same or any other auction, retaining as purchaser will be required to pay the
or not it has been repaired or restored. 8."Bids Below ReserveUIf the auctioneer liquidated damages all payments made by combined New York State and local sales
deter mines that any opening bid is below the purchaser, or (y) resell the purchased tax, any applicable compensating use tax
3."Buyer’s PremiumUA buyer’s premium the reserve of the article o! ered, he may property, whether at public auction or by of another state, and if applicable, any
will be added to the hammer price and is reject the same and withdraw the article private sale, or (z) e! ect any combination federal luxury or other tax, on the total
payable by the purchaser as part of the from sale, and if, having acknowledged thereof. In any case, the purchaser will purchase price. The rate of such combined
total purchase price. The buyer’s premium an opening bid, he deter mines that any be liable for any deÞ ciency, any and all tax is 8.875% in New York City and ranges
is 25% of the hammer price up to and advance thereafter is insu# cient, he may costs, handling charges, late charges, from 7% to 8.625% elsewhere in New York.
including $300,000, 20% of any amount reject the advance. expenses of both sales, our com missions
in excess of $300,000 up to and including on both sales at our regular rates, legal 12."Export and PermitsUIt is the
$4,000,000, and 12.9% of any amount in 9."Purchaser’s ResponsibilityUSubject fees and expenses, collection fees and purchaser’s sole responsibility to identify
excess of $4,000,000. to fulÞ ll ment of all of the conditions set incidental damages. We may, in our sole and obtain any necessary export,
forth herein, on the fall of the auctioneer’s discretion, apply any proceeds of sale import, Þ rearm, endangered species or
4."WithdrawalUWe reserve the right to hammer, the contract between the then due or thereafter becoming due to other permit for the lot. Any symbols
withdraw any property before the sale and consignor and the purchaser is concluded, the purchaser from us or any a# liated or notices in the sale catalogue reß ect
shall have no liability whatsoever for such and the winning bidder thereupon will company, or any payment made by the Sotheby’s reasonable opinion at the
withdrawal. immediately pay the full purchase price purchaser to us or any a# liated company, time of cataloguing and are for bidders’
or such part as we may require. Title in a whether or not intended to reduce the general guidance only; Sotheby’s and the
5."Per LotUUnless otherwise announced purchased lot will not pass until Sotheby’s purchaser’s obligations with respect to Consignor make no representations or
the unpaid lot or lots, to the deÞ ciency
by the auctioneer, all bids are per lot as has received the full purchase price in warranties as to whether any lot is or is not
numbered in the catalogue. cleared funds. The purchaser’s obligation and any other amounts due to us or subject to export or import restrictions or
to immediately pay the full purchase price any a# liated companies. In addition, a any embargoes.
or such part as we may require is absolute defaulting purchaser will be deemed to
6."BiddingUWe reserve the right to reject have granted and assigned to us and our
any bid. The highest bidder acknowledged and unconditional and is not subject to any
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