Page 128 - Christie's Fine Cinese Classical Paintings, May 31 to June 1, 2023 Hong Kong
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relating to the export or import of the lot. If Christie’s   representatives or employees, about any lot other   https://www.christies.com/about-us/contact/ccpa.
          exports or imports the lot on your behalf, and if   than as set out in the authenticity warranty and,   8  WAIVER
          Christie’s pays these applicable taxes, tariffs or other   as far as we are allowed by law, all warranties and   No failure or delay to exercise any right or remedy
          government-imposed charges, you agree to refund   other terms which may be added to this agreement   provided under these Conditions of Sale shall
          that amount to Christie’s.      by law are excluded. The seller’s  warranties   constitute a waiver of that or any other right or remedy,
          (c)  Lots made of protected species  contained in paragraph E1 are their own and we   nor shall it prevent or restrict the further exercise of
          Lots made of or including (regardless of the   do not have any liability to you in relation to those   that or any other right or remedy. No single or partial
          percentage) endangered and other protected species   warranties.  exercise of such right or remedy shall prevent or restrict
          of wildlife are marked with the symbol ~ in the   (b)  (i) We are not responsible to you for any reason   the further exercise of that or any other right or remedy.
          catalogue. This material includes, among other things,   (whether for breaking this agreement or any other
          ivory, tortoiseshell, crocodile skin, rhinoceros horn,   matter relating to your purchase of, or bid for, any   9  LAW AND DISPUTES
          whalebone, certain species of coral, and rosewood.   lot) other than in the event of fraud or fraudulent   The rights and obligations of the parties with
          You should check the relevant customs laws and   misrepresentation by us or other than as expressly   respect to these Conditions of Sale, the conduct of
          regulations before bidding on any lot containing   set out in these conditions of sale; and  the auction and any matters connected with any
          wildlife material if you plan to import the lot into   (ii)  We do not give any representation, warranty or   of the foregoing shall be governed and interpreted
          another country.  Several countries refuse to allow   guarantee or assume any liability of any kind in respect   by the Hong Kong laws. By bidding at auction,
          you to import property containing these materials,   of any lot with regard to merchantability, fitness for a   whether present in person or by agent, by written
          and some other countries require a licence from   particular purpose, description, size, quality, condition,   bid, telephone or other means, the buyer shall
          the relevant regulatory agencies in the countries of   attribution, authenticity, rarity, importance, medium,   be deemed to have accepted these Conditions
          exportation as well as importation. In some cases, the   provenance, exhibition history, literature, or historical   and submitted, for the benefit of Christie’s, to the
          lot can only be shipped with an independent scientific   relevance.  Except as required by local law, any   exclusive jurisdiction of the Hong Kong courts, and
          confirmation of species and/or age and you will need to   warranty of any kind is excluded by this paragraph.  also accepted that Christie’s also has the right to
          obtain these at your own cost. If a lot contains elephant   (c)  In particular, please be aware that our written   pursue remedies in any other jurisdiction in order to
          ivory, or any other wildlife material that could be   and telephone bidding services, Christie’s LIVE™,   recover any outstanding sums due from the buyer.
          confused with elephant ivory (for example, mammoth   condition reports, currency converter and saleroom
          ivory, walrus ivory, helmeted hornbill ivory), please see   video screens are free services and we are not   10  REPORTING ON WWW.CHRISTIES.COM
          further important information in paragraph (d) if you   responsible to you for any error (human or otherwise),   Details of all lots sold by us, including catalogue
          are proposing to import the lot into the USA. We will   omission, breakdown, or delay, unavailability,   descriptions and prices, may be reported on www.
          not be obliged to cancel your purchase and refund   suspension or termination of any of these services.  christies.com. Sales totals are hammer price plus
          the purchase price if your lot may not be exported,   (d)  We have no responsibility to any person other   buyer’s premium and do not reflect costs, financing
          imported or it is seized for any reason by a government   than a buyer in connection with the purchase of any   fees, or application of buyer’s or seller’s credits. We
          authority.  It is your responsibility to determine and   lot.    regret that we cannot agree to requests to remove
          satisfy the requirements of any applicable laws or   (e)  If, in spite of the terms in paragraphs (a) to (d)   these details from www.christies.com.
          regulations relating to the export or import of property   or E2(i) above, we are found to be liable to you for
          containing such protected or regulated material.    any reason, we shall not have to pay more than the   K  GLOSSARY
          (d)  US import ban on African elephant ivory  purchase price paid by you to us. We will not be   auctioneer : individual auctioneer and/or Christie’s.
          The USA prohibits the import of ivory from the   responsible to you for any reason for loss of profits   authentic : a genuine example, rather than a copy or
          African elephant. Any lot containing elephant ivory or   or business, loss of opportunity or value, expected   forgery of:
          other wildlife material that could be easily confused   savings or interest, costs, other damages, or   (i)  the work of a particular artist, author or
          with elephant ivory (for example, mammoth ivory,   expenses.     manufacturer, if the lot is described in the Heading
          walrus ivory, helmeted hornbill ivory) can only be               as the work of that artist, author or manufacturer;
          imported into the US with results of a rigorous   J   OTHER TERMS  (ii)  a work created within a particular period or
          scientific test acceptable to Fish & Wildlife, which   1   OUR ABILITY TO CANCEL  culture, if the lot is described in the Heading as a
          confirms that the material is not African elephant   In addition to the other rights of cancellation   work created during that period or culture;
          ivory. Where we have conducted such rigorous   contained in this agreement, we can cancel a sale   (iii)  a work for a particular origin source if the lot is
          scientific testing on a lot prior to sale, we will make   of a lot if we reasonably believe that completing the   described in the Heading as being of that origin or
          this clear in the lot description. In all other cases,   transaction is, or may be, unlawful or that the sale   source; or
          we cannot confirm whether a lot contains African   places us or the seller under any liability to anyone   (iv)  in the case of gems, a work which is made of
          elephant ivory, and you will buy that lot at your own   else or may damage our reputation.  a particular material, if the lot is described in the
          risk and be responsible for any scientific test or other         Heading as being made of that material.
          reports required for import into the USA at your   2  RECORDINGS  authenticity warranty : the guarantee we give in
          own cost.  If such scientific test is inconclusive or   We may videotape and record proceedings at any   this agreement that a lot is authentic as set out in
          confirms the material is from the African elephant,   auction. We will keep any personal information   section E2 of this agreement.
          we will not be obliged to cancel your purchase and   confidential, except to the extent disclosure is   buyer’s premium : the charge the buyer pays us
          refund the purchase price.      required by law. However, we may, through this   along with the hammer price.
          (e)  Lots of Iranian origin     process, use or share these recordings with another   catalogue description : the description of a lot in
          Some countries prohibit or restrict the purchase,   Christie’s Group company and marketing partners   the catalogue for the auction, as amended by any
          export and/or import of Iranian-origin “works of   to analyse our customers and to help us to tailor   saleroom notice.
          conventional craftsmanship” (works that are not by   our services for buyers. If you do not want to be   Christie’s Group : Christie’s International Plc,
          a recognized artist and/or that have a function, for   videotaped, you may make arrangements to make a   its subsidiaries and other companies within its
          example: carpets, bowls, ewers, tiles, ornamental   telephone or written bid or bid on Christie’s LIVE™   corporate group.
          boxes). For example, the USA prohibits the import of   instead. Unless we agree otherwise in writing, you   condition : the physical condition of a lot.
          this type of property and its purchase by US persons   may not videotape or record proceedings at any   due date : has the meaning given to it paragraph F1(a).
          (wherever located). Other countries, such as Canada,   auction.  estimate : the price range included in the catalogue
          only permit the import of this property in certain               or any saleroom notice within which we believe a
          circumstances.                  3  COPYRIGHT                     lot may sell. Low estimate means the lower figure
          As a convenience to buyers, Christie’s indicates   We own the copyright in all images, illustrations   in the range and high estimate means the higher
          under the title of a lot if the lot originates from Iran   and written material produced by or for us relating   figure. The mid estimate is the midpoint between
          (Persia). It is your responsibility to ensure you do   to a lot (including the contents of our catalogues   the two.
          not bid on or import a lot in contravention of the   unless otherwise noted in the catalogue). You cannot   hammer price : the amount of the highest bid the
          sanctions or trade embargoes that apply to you.  use them without our prior written permission. We   auctioneer accepts for the sale of a lot.
          (f)  Gold                       do not offer any guarantee that you will gain any   Heading : has the meaning given to it in paragraph E2.
          Gold of less than 18ct does not qualify in all   copyright or other reproduction rights to the lot.   lot : an item to be offered at auction (or two or more
          countries as ‘gold’ and may be refused import into               items to be offered at auction as a group).
          those countries as ‘gold’.      4  ENFORCING THIS AGREEMENT      other damages : any special, consequential,
          (g)  Watches                    If a court finds that any part of this agreement is not   incidental or indirect damages of any kind or any
          Many of the watches offered for sale in this catalogue   valid or is illegal or impossible to enforce, that part of   damages which fall within the meaning of ‘special’,
          are pictured with straps made of endangered or   the agreement will be treated as being deleted and   ‘incidental’ or ‘consequential’ under local law.
          protected animal materials such as alligator or   the rest of this agreement will not be affected.   purchase price : has the meaning given to it in
          crocodile. These lots are marked with the symbol Ψ               paragraph F1(a).
          in the catalogue. These endangered species straps   5  TRANSFERRING YOUR RIGHTS AND   provenance : the ownership history of a lot.
                                          RESPONSIBILITIES
          are shown for display purposes only and are not for   You may not grant a security over or transfer your   qualified : has the meaning given to it in paragraph
          sale. Christie’s will remove and retain the strap prior   rights or responsibilities under these terms on the   E2 and Qualified Headings means the section
          to shipment from the sale site.  At some sale sites,   contract of sale with the buyer unless we have given   headed  Qualified Headings on the page of
          Christie’s may, at its discretion, make the displayed   our written permission. This agreement will be   the catalogue headed ‘Important Notices and
          endangered species strap available to the buyer of   binding on your successors or estate and anyone   Explanation of Cataloguing Practice’.
          the lot free of charge if collected in person from the   who takes over your rights and responsibilities.   reserve : the confidential amount below which we
          sale site within 1 year of the date of the sale.  Please         will not sell a lot.
          check with the department for details on a particular   6  TRANSLATIONS   saleroom notice : a written notice posted next to
          lot.                            If we have provided a translation of this agreement,   the lot in the saleroom and on www.christies.com,
                                                                           which is also read to prospective telephone bidders and
          For all symbols and other markings referred to in   we will use the English version in deciding any   notified to clients who have left commission bids, or an
                                          issues or disputes which arise under this agreement.
          paragraph H2, please note that lots are marked as a              announcement made by the auctioneer either at the
          convenience to you, but we do not accept liability for   7   PERSONAL INFORMATION   beginning of the sale, or before a particular lot is auctioned.
          errors or for failing to mark lots.  We will hold and process your personal information   Subheading : has the meaning given to it in
                                                                           paragraph E2.
          I   OUR LIABILITY TO YOU        and may pass it to another  Christie’s Group   UPPER CASE type : means having all capital letters.
                                          company for use as described in, and in line with,
          (a)  We give no  warranty in relation to any   our privacy notice at www.christies.com. If you   warranty : a statement or representation in which
          statement made, or information given, by us or our   are a resident of California you can see a copy of   the person making it guarantees that the facts set
                                          our California Consumer Privacy Act statement at   out in it are correct.
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