Page 126 - Christie's Fine Cinese Classical Paintings, May 31 to June 1, 2023 Hong Kong

made on the Christie's WeChat Mini Program. We 5 BIDDING ON BEHALF OF THE SELLER if the seller is not the owner or a joint owner of the
will accept bids by telephone for lots only if our staff The auctioneer may, at his or her sole option, bid lot, has the permission of the owner to sell the lot, or
are available to take the bids. Telephone bids cannot on behalf of the seller up to but not including the the right to do so in law; and
be accepted for lots estimated below HK$30,000. If amount of the reserve either by making consecutive (b) has the right to transfer ownership of the lot
you need to bid in a language other than in English, bids or by making bids in response to other bidders. to the buyer without any restrictions or claims by
you must arrange this well before the auction. The auctioneer will not identify these as bids made anyone else.
We may record telephone bids. By bidding on the on behalf of the seller and will not make any bid on If either of the above warranties are incorrect, the
telephone, you are agreeing to us recording your behalf of the seller at or above the reserve. If lots seller shall not have to pay more than the purchase
conversations. You also agree that your telephone are offered without reserve, the auctioneer will price (as defined in paragraph F1(a) below) paid
bids are governed by these Conditions of Sale. generally decide to open the bidding at 50% of the by you to us. The seller will not be responsible to
(B) INTERNET BIDS ON CHRISTIE’S LIVE™ low estimate for the lot. If no bid is made at that you for any reason for loss of profits or business,
For certain auctions we will accept bids over the level, the auctioneer may decide to go backwards expected savings, loss of opportunity or interest,
Internet. To learn more, please visit https://www. at his or her sole option until a bid is made, and then costs, damages, other damages or expenses. The
christies.com/auctions/christies-live-on-mobile. continue up from that amount. In the event that seller gives no warranty in relation to any lot other
You should register at least 24 hours in advance of there are no bids on a lot, the auctioneer may deem than as set out above and, as far as the seller is
the sale in order to bid online with Christie’s LIVE™. such lot unsold. allowed by law, all warranties from the seller to you,
As well as these Conditions of Sale, internet bids and all other obligations upon the seller which may
are governed by the Christie’s LIVE™ terms of use 6 BID INCREMENTS be added to this agreement by law, are excluded.
which are available on https://www.christies.com/ Bidding generally starts below the low estimate and
LiveBidding/OnlineTermsOfUse.aspx. increases in steps (bid increments). The auctioneer 2 OUR AUTHENTICITY WARRANTY
(C) WRITTEN BIDS will decide at his or her sole option where the We warrant, subject to the terms below, that the
You can find a Written Bid Form at the back of our bidding should start and the bid increments. The lots in our sales are authentic (our “authenticity
catalogues, at any Christie’s office or by choosing the usual bid increments are shown for guidance only on warranty”). If, within 5 years of the date of the
sale and viewing the lots online at www.christies. the Written Bid Form at the back of this catalogue. auction, you give notice to us that your lot is not
com or on the Christie's WeChat Mini Program. We authentic, subject to the terms below, we will refund
must receive your completed Written Bid at least 7 CURRENCY CONVERTER the purchase price paid by you. The meaning
24 hours before the auction. Bids must be placed in The saleroom video screens, Christie’s LIVE™ and of authentic can be found in the glossary at the
the currency of the saleroom. The auctioneer will Christie’s website may show bids in some other end of these Conditions of Sale. The terms of the
take reasonable steps to carry out written bids at major currencies from that of the saleroom. Any authenticity warranty are as follows:
the lowest possible price, taking into account the conversion is for guidance only and we cannot be (a) It will be honoured for claims notified within a
reserve. If you make a written bid on a lot which bound by any rate of exchange used by Christie’s. period of 5 years from the date of the auction. After
does not have a reserve and there is no higher bid Christie’s is not responsible for any error (human such time, we will not be obligated to honour the
than yours, we will bid on your behalf at around 50% or otherwise), omission or breakdown in providing authenticity warranty.
of the low estimate or, if lower, the amount of your these services. (b) It is given only for information shown in
bid. If we receive written bids on a lot for identical UPPERCASE type in the first line of the catalogue
amounts, and at the auction these are the highest 8 SUCCESSFUL BIDS description (the “Heading”). It does not apply to
bids on the lot, we will sell the lot to the bidder Unless the auctioneer decides to use his or her any information other than in the Heading, even if
discretion as set out in paragraph C3 above, when
whose written bid we received first. shown in UPPERCASE type.
the auctioneer’s hammer strikes, we have accepted (c) The authenticity warranty does not apply to
C CONDUCTING THE SALE the last bid. This means a contract for sale has been any Heading or part of a Heading which is qualified.
1 WHO CAN ENTER THE AUCTION formed between the seller and the successful bidder. Qualified means limited by a clarification in a lot’s
We may, at our option, refuse admission to our We will issue an invoice only to the registered bidder catalogue description or by the use in a Heading
premises or decline to permit participation in any who made the successful bid. While we send out of one of the terms listed in the section titled
auction or to reject any bid. invoices by post and/or email after the auction, we Qualified Headings on the page of the catalogue
do not accept responsibility for telling you whether headed “Important Notices and Explanation of
2 RESERVES or not your bid was successful. If you have bid by Cataloguing Practice”. For example, use of the term
Unless otherwise indicated, all lots are subject to a written bid, you should contact us by telephone or in “ATTRIBUTED TO…..” in a Heading means that the
reserve. We identify lots that are offered without a person as soon as possible after the auction to get lot is in Christie’s opinion probably a work by the
reserve with the symbol • next to the lot number. details of the outcome of your bid to avoid having to named artist but no warranty is provided that the lot
The reserve cannot be more than the lot’s low pay unnecessary storage charges. is the work of the named artist. Please read the full
estimate, unless the lot is subject to a third party list of Qualified Headings and a lot’s full catalogue
guarantee and the irrevocable bid exceeds the 9 LOCAL BIDDING LAWS description before bidding.
printed low estimate. In that case, the reserve You agree that when bidding in any of our sales (d) The authenticity warranty applies to the
will be set at the amount of the irrevocable bid. that you will strictly comply with all local laws and Heading as amended by any Saleroom Notice.
Lots which are subject to a third party guarantee regulations in force at the time of the sale for the (e) The authenticity warranty does not apply
arrangement are identified in the catalogue with the relevant sale site. where scholarship has developed since the auction
symbol º♦. leading to a change in generally accepted opinion.
D THE BUYER’S PREMIUM, TAXES Further it does not apply if the Heading either
3 AUCTIONEER’S DISCRETION 1 THE BUYER’S PREMIUM matched the generally accepted opinion of experts
The auctioneer can at his sole option: In addition to the hammer price, the successful at the date of the sale or drew attention to any
(a) refuse any bid; bidder agrees to pay us a buyer’s premium on conflict of opinion.
(b) move the bidding backwards or forwards in any way the hammer price of each lot sold. On all lots (f) The authenticity warranty does not apply if
he or she may decide, or change the order of the lots; we charge 26% of the hammer price up to and the lot can only be shown not to be authentic by a
(c) withdraw any lot; including HK$7,500,000, 21% on that part of the scientific process which, on the date we published
(d) divide any lot or combine any two or more lots; hammer price over HK$7,500,000 and up to and the catalogue, was not available or generally
(e) reopen or continue the bidding even after the including HK$50,000,000, and 15% of that part of accepted for use, or which was unreasonably
hammer has fallen; and the hammer price above HK$50,000,000. expensive or impractical, or which was likely to have
(f) in the case of error or dispute related to bidding damaged the lot.
and whether during or after the auction, continue 2 TAXES (g) The benefit of the authenticity warranty is only
The successful bidder is responsible for any
the bidding, determine the successful bidder, cancel available to the original buyer shown on the invoice
the sale of the lot, or reoffer and resell any lot. If applicable tax including any VAT, sales or for the lot issued at the time of the sale and only if,
compensating use tax or equivalent tax wherever
you believe that the auctioneer has accepted the on the date of the notice of claim, the original buyer
successful bid in error, you must provide a written such taxes may arise on the hammer price and the is the full owner of the lot and the lot is free from
buyer’s premium. It is the buyer’s responsibility to
notice detailing your claim within 3 business days any claim, interest or restriction by anyone else. The
of the date of the auction. The auctioneer will ascertain and pay all taxes due. In all circumstances benefit of this authenticity warranty may not be
Hong Kong law takes precedence. Christie’s
consider such claim in good faith. If the auctioneer, transferred to anyone else.
in the exercise of his or her discretion under this recommends you obtain your own independent tax (h) In order to claim under the authenticity
advice.
paragraph, decides after the auction is complete, to warranty you must:
cancel the sale of a lot, or reoffer and resell a lot, he For lots Christie’s ships to the United States, a state (i) give us written notice of your claim within 5
sales or use tax may be due on the hammer price,
or she will notify the successful bidder no later than years of the date of the auction. We may require full
by the end of the 7th calendar day following the date buyer’s premium and/or any other charges related details and supporting evidence of any such claim;
to the lot, regardless of the nationality or citizenship
of the auction. The auctioneer’s decision in exercise (ii) at Christie’s option, we may require you to
of this discretion is final. This paragraph does not of the purchaser. Christie’s will collect sales tax provide the written opinions of two recognized
where legally required. The applicable sales tax rate
in any way prejudice Christie’s ability to cancel the experts in the field of the lot mutually agreed by
sale of a lot under any other applicable provision will be determined based upon the state, county, or you and us in advance confirming that the lot is not
locale to which the lot will be shipped. Successful
of these Conditions of Sale, including the rights of authentic. If we have any doubts, we reserve the
cancellation set forth in sections B(3), E(2)(i), F(4) bidders claiming an exemption from sales tax must right to obtain additional opinions at our expense;
provide appropriate documentation to Christie’s
and J(1). and
prior to the release of the lot. For shipments to (iii) return the lot at your expense to the saleroom
those states for which Christie’s is not required
4 BIDDING from which you bought it in the condition it was in
The auctioneer accepts bids from: to collect sales tax, a successful bidder may be at the time of sale.
(a) bidders in the saleroom; required to remit use tax to that state’s taxing (i) Your only right under this authenticity warranty
(b) telephone bidders, and internet bidders through authorities. Christie’s recommends you obtain your is to cancel the sale and receive a refund of the
Christie’s LIVE™ (as shown above in Section B6); own independent tax advice with further questions. purchase price paid by you to us. We will not, in any
and circumstances, be required to pay you more than
(c) written bids (also known as absentee bids or E WARRANTIES the purchase price nor will we be liable for any loss
1
SELLER’S WARRANTIES
commission bids) left with us by a bidder before the For each lot, the seller gives a warranty that the seller: of profits or business, loss of opportunity or value,
auction. (a) is the owner of the lot or a joint owner of the lot expected savings or interest, costs, damages, other
acting with the permission of the other co-owners or, damages or expenses.