Page 245 - Sotheby's Asia Week March 2024 Chinee Art

(b) Cancellation of Delivery Services (iv) We are not liable to you for any acts or omissions Content for your NFT for any derogatory or defamatory and/or other material characteristics of all of the to us, as at the date of the sale, or the Lot description 16. Miscellaneous
in connection with the conduct of the auction or for purpose that creates harmful associations or a risk of foregoing, to fully understand and agree to these indicated that there was a conflict of such opinions;
(i) If you are a Consumer who habitually resides in the any matter relating to the sale of any Lot, other than harm, damage or liability to any of the Sotheby’s Group Conditions of Business for Buyers and the disclaimers (a) You shall provide to us, upon our request,
European Union or United Kingdom, then you have the (ii) the only method of establishing that the Lot was verification of identity and any additional information
right to cancel the contract for any delivery services in as set out in the Authenticity Guarantee, or as may be Companies, e.g., in connection with images, videos, or and risks outlined herein, or have consulted with a counterfeit at the date of the sale would have been required to comply with our Know Your Client
professional advisors in relation to the foregoing
other forms of media that depict hatred, intolerance,
required by applicable law.
connection with your purchase of a Lot (the “Services by means or processes not then generally available or requirements, applicable law or to evidence your
Cancellation Right”) for any reason during the period of (v) The Seller of any Lot is not liable to you for any acts violence, cruelty, or anything else that could reasonably such that any participation by you in the auction of accepted, unreasonably expensive or impractical to authority to enter into these Conditions of Business
be found to constitute hate speech or otherwise
any NFT constitutes an informed acceptance of such
14 calendar days after the conclusion of the contract for or omissions in connection with any matter relating to use, or likely to have caused damage or loss of value for Buyers. If you are an agent acting on behalf of a
delivery services (the “Services Cancellation Period”). the sale of such Lot, other than a breach of the express infringe upon the rights of others; (d) sell, distribute for disclaimers and risks. to the Lot; principal, you shall also disclose to us the identity
commercial gain (including, without limitation, giving
representations and warranties given by the Seller. 14. Data Protection of the principal and provide to us, upon our request,
(ii) If you request us to begin performance of the away in the hopes of eventual commercial gain), or (iii) the manner in which the Lot is said to be a
delivery services during the Services Cancellation (vi) Unless we own a Lot offered for sale, we are not otherwise commercialize merchandise that includes, (a) We will hold and process your personal information counterfeit is due only to damage, restoration, verification of identity and any additional information
required to comply with our Know Your Client
Period and subsequently decide to exercise your right responsible for any breach of these Conditions of contains, or consists of the Referenced Content for and may share it with another Sotheby’s Group modification work of any kind (including repainting
to cancel the provision of services during the Services Business for Buyers by the Seller. your NFT; (e) attempt to trademark, copyright, or Company for use as described in, and in line with, our or over-painting) present at the time of the sale, or requirements, applicable law with respect to you and
the principal or to evidence your authority to bid on
Cancellation Period, you shall pay us the cost of the (vii) Neither you nor we nor the Seller will be liable otherwise acquire additional intellectual property rights Privacy Policy published on our website https://www. the inability of the manufacturer, maker or relevant
services that have been performed by the time you for any special, consequential, indirect, incidental or in or to the Referenced Content for your NFT; (f) create, sothebys.com/privacy-policy or available on request by archives to confirm the authenticity and attribution of behalf of and to bind the principal. We reserve the
right to seek identification of the source of funds
exercise your cancellation right. We will make any punitive damages. sell or attempt to create or sell fractionalized interests email to enquiries@sothebys.com. the Lot; or
reimbursement due to you not later than 14 days after in the Referenced Content or any NFT; or (g) otherwise (b) We may film auctions or other activities on any (iv) the manner in which the description of the Lot is received. If we have not completed our enquiries in
respect of Know Your Client, Sanctions, anti-money
the date on which we are informed about your decision (viii) With respect to Experiences, no Sotheby’s utilize the Referenced Content for your NFT for your or Sotheby’s Group Company’s premises and such incorrect does not result in a material loss in value of
to cancel the services. We will make the reimbursement Group Company, nor our and their respective officers any third party’s commercial benefit. recordings may be transmitted over the internet via the Lot. laundering, anti-terrorist financing or other checks
as we consider appropriate concerning you (or your
to you using the same method of payment as you used and employees, will be liable for any negligent act or our website or other Online Platforms or social media.
for the initial transaction, unless expressly agreed omission of any person or entity providing any goods (iii) If the Referenced Content associated with your Online and telephone bids may be recorded and you (f) Subject to the above, if we reasonably determine principal, if applicable) to our satisfaction or if we are
not satisfied in our sole discretion with the results of
NFT contains third party copyrights, trade secrets,
otherwise. We will not charge any fee in connection with or services arising out of or in connection with the agree to such recording. that the Lot is a counterfeit, we will ensure that the
processing the reimbursement. fulfillment of an Experience or the Buyer’s participation trademarks, know-how, patent rights or any other sale is rescinded, and that the Buyer is refunded the such enquiries, we may, in our sole discretion, prohibit
intellectual property rights recognized in any country
you or the principal from bidding, or not complete,
in the Experience, or for any claims, causes of action, 15. AUTHENTICITY GUARANTEE Purchase Price in the currency of the sale.
(c) To exercise a Consumer or Services Cancellation liabilities, damages, losses, or expenses (including or jurisdiction in the world (collectively, “Third Party cancel or rescind the sale of any Lot, including refusing
Right, you must notify us of your intention to cancel but not limited to reasonable attorneys’ fees) arising IP”) (e.g., licensed intellectual property from any rights (a) We, as principal, provide an Authenticity Guarantee (g) The rescission of the sale and the refund of the or returning any payment, as appropriate, and take any
by a clear statement (e.g. a letter sent by post, fax or out of or in connection with the Buyer’s interaction holder, such as music performance rights or publicity to the Buyer, subject to the following terms and Purchase Price is the Buyer’s sole remedy available further action required or permitted under applicable
email) prior to the end of the Consumer or Services with the Seller or any third party in connection with an rights), you understand and agree as follows: (a) you conditions, that the Lot is not a “counterfeit”. For these under the Authenticity Guarantee and is in lieu of any law without any liability to you.
Cancellation Period. Alternatively, you may use the Experience. will not have the right to use such Third Party IP in purposes, a “counterfeit” means a Lot that in Sotheby’s other remedy that might otherwise be available to the
following model cancellation form: any way except as incorporated in the Referenced reasonable opinion is an imitation created to deceive Buyer as a matter of law or in equity. (b) You are personally liable for your bid. If you are
an agent acting on behalf of a principal, you and your
(ix) Without prejudice to Conditions 13(a)(i)-(viii), our Content for your NFT, and subject to the license and as to authorship, origin, date, age, period, culture or
To: Sotheby’s [insert the name of the company within and the Seller’s aggregate liability to you under these source, where the correct description of such matters (h) Additional provisions specific to Lots in Jewelry, principal are bound by the terms of these Conditions of
the Sotheby’s Group conducting the relevant sale] restrictions contained herein; (b) depending on the Wine & Spirits, Tea and Books & Manuscripts auctions: Business for Buyers and jointly and severally assume
Conditions of Business for Buyers for any claim relating nature of the license granted from the owner of the is not reflected by the description in the catalogue
I/We* hereby give notice that I/We* cancel [my/our to a Lot will not exceed the amount of the Purchase Third Party IP, we may need to (and reserve every right (taking into account any glossary of terms). No Lot (i) With respect to Lots containing any gemstone, your obligations and liabilities under them.
online purchase of the following goods[*]][the provision Price of the Lot actually paid, except in the case of our to) pass through additional restrictions on your ability shall be considered a counterfeit by reason only of any jade or pearls, the Authenticity Guarantee is that the (c) We own the exclusive copyright to all images and
of the following delivery services [*]], willful misconduct or fraud, or in the case of death to use the Referenced Content; (c) to the extent that damage and/or restoration and/or modification work gemstone or pearls are genuine or of natural origin, and written material we produce relating to each Lot. You
or personal injury caused by our negligent acts or we inform you of such additional restrictions, you will of any kind (including repainting or over-painting). the Guarantee Period for any claim that the gemstone, cannot use them without our prior written permission.
Ordered on [*]/received on [*],
omissions. be responsible for complying with all such restrictions Notwithstanding anything to the contrary in this jade or pearls are not genuine or of natural origin is 21 We may use them as we deem appropriate, to the
Name of Consumer(s): from the date that you receive the notice, and that Condition 15, with respect to NFTs, unless otherwise days from the date of the auction. extent permitted by law, before, during or after the sale
(b) In addition to the terms set forth in Condition 13(a)
Address of Consumer(s): above and without limiting Condition 3(j) above in any failure to do so will be deemed a breach of the license set forth on the respective Lot page on our website, the (ii) With respect to Lots sold in a Wine & Spirits or of a Lot.
Authenticity Guarantee is regarding the authorship of
contained herein; (d) such third party owns and retains
Signature of Consumer(s) [only if the notification is in way, NFTs shall be subject to the additional terms in all right, title and interest in and to such Third Party the Referenced Content, if any. Tea auction, the Authenticity Guarantee is that the (d) The Conditions of Business for Buyers, including
hard copy] this Condition 13(b). IP except as expressly licensed hereunder; and (e) (b) The Authenticity Guarantee is provided for a producer and vintage (and for Tea, type) is as stated in the Authenticity Guarantee, and the express
the description of the Lot, and the Guarantee Period is
representations and warranties and indemnity given
Date: (i) We are only selling the ownership rights to the licensor of such Third Party IP shall be a third- period of five years after the date of the auction (the 21 days from the date of the auction. by the Seller together are the entire agreement
the NFT and in no way are we responsible for any party beneficiary of (but not a party to), and entitled
[*] Delete as appropriate resales or secondary market sales of the NFT or the to enforce, these Conditions of Business for Buyers “Guarantee Period”), except as otherwise provided in (iii) With respect to Lots sold in a Books & between us, the Seller and you with respect to
Condition 15(h) below.
the subject matter hereof and supersedes all
13. Exclusions and Limitations of Liability Referenced Content or any iterations of the same. against you with respect to such Third Party IP. Manuscripts auction, the Authenticity Guarantee also prior or contemporaneous written, oral or implied
Any copyright(s) in and to the NFT and Referenced (c) The Authenticity Guarantee is provided solely for includes a guarantee to the Buyer for a Guarantee
(a) Generally Content, including but not limited to, any reproduction (iv) Transfer of ownership to an NFT will not the benefit of the Buyer and cannot be transferred to Period of 21 days from the date of the auction that, understandings, representations or agreements
relating to the subject matter of this agreement.
(i) Neither we nor the Seller will be liable for errors rights in any Referenced Content, remain with the guarantee that you will continue to have access any third party. subject to Conditions 15(c)-(g), the Lot’s text and/or If any part of this agreement is deemed invalid or
to the Referenced Content to which it relates and
or omissions in the glossary of terms, if any, or the creator(s) thereof, and the purchase of the NFT does you further acknowledge and agree to the risks (d) To claim under the Authenticity Guarantee, the illustrations are not materially defective. Subject to the unenforceable, such invalidity or unenforceability will
Catalogue or other descriptions of the Lot, though if we not constitute an assignment of any copyright(s) in associated with purchasing, using, transferring, Buyer must: following exceptions, if we reasonably determine that not affect the remaining provisions, which will remain
discover a material error or omission in such materials and to the NFT or Referenced Content. If you purchase and owning NFTs, as applicable, including, but not the text or illustrations in a Lot are materially defective, in full force and effect. No act, omission or delay by us
prior to the auction, we will endeavor to provide a an NFT, then, including without limitation, these limited to, telecommunications, network, server, or (i) notify us in writing within three months of receiving we will ensure that the sale is rescinded, and that the shall be deemed a waiver or release of any of our rights.
correction, time permitting. Conditions of Business for Buyers, and any Listing blockchain failures, malfunctions, or disruptions; risk any information that causes the Buyer to question Buyer is refunded the Purchase Price in the currency
Terms, we hereby grant you a worldwide, non-exclusive, the authenticity or attribution of the Lot and in any of the sale. We reserve the right to reject a claim under (e) These Conditions of Business for Buyers are
(ii) We reserve the right to withdraw any Lot before non-transferable, royalty-free license to use, copy and of losing access to the NFT due to lost or forgotten event by no later than the expiry of the Guarantee this Condition 15(h) if: binding upon you, your estate, heirs, executors,
the conclusion of the sale and will have no liability to display the NFT and the Referenced Content for such private key(s) or password(s) or corrupted wallet Period, specifying the Lot number and the date of the devisees, representatives, administrators, successors
you for such withdrawal. Regarding Experiences, we purchased NFT solely for the following purposes: (a) files; mis-typed addresses or incorrectly constructed sale in which it was purchased, and providing all the (1) the Lot comprises an atlas, an extra-illustrated and permitted assigns.
reserve the right to withdraw any Experience before for your own personal, non-commercial use; (b) as part transactions; viruses, phishing, bruteforcing, hacking, information in the Buyer’s possession in support of the book, a volume with fore-edged paintings, a periodical
or after the sale, and we will have no liability to you for of a marketplace that permits the purchase and sale security breaches, mining attacks, or other means Buyer’s claim; and publication or a print or drawing; (f) You may not assign or delegate your rights or
such withdrawal. of your NFTs; or (c) as part of a third party website or of cyber-security attack; custodial or buyer error; (ii) return the Lot to us or, at our direction, to the Seller (2) in the case of a manuscript, the Lot was not obligations under these Conditions of Business without
our prior written consent.
(iii) We offer the Online Platforms as a convenience application that permits the inclusion, involvement, regulatory interference in one or more jurisdictions; or another third party, in the same condition as at the described in the Catalogue as complete;
token taxation; personal information disclosure;
to clients. The application that enables participation or participation of your NFT. This license only lasts as uninsured losses; and other unanticipated risks. date of sale to the Buyer and be able to transfer good (3) the defect complained of was mentioned in the (g) Notices to us should be in writing and addressed
via the Online Platforms is optimized for broadband long as you are the valid owner and holder of the NFT title in the Lot, free from any third-party interest or Lot description or the item complained of was sold un- to the department in charge of the sale, quoting the
connectivity (DSL or cable modem). Broadband or associated with the Referenced Content. If you sell or (v) Neither you nor we nor the Seller will be liable claim(s) arising after the date of the sale. named in a Lot; reference number specified for the auction.
other internet capacity constraints, corporate firewalls transfer the NFT to another person, this license will for any special, consequential, indirect, incidental or 17. Law and Jurisdiction
and other technical problems beyond our reasonable transfer to such other owner or holder of the NFT, and punitive damages, including, as applicable, damages In addition, we may also require the Buyer to obtain at (4) the defect complained of is not a defect in text
control may create difficulties for some users including, you will no longer have the benefits of such license. All relating to any of the risks or disclaimed attributes set the Buyer’s cost the reports of two independent and or illustration, such as without limitation, damage to This agreement will be governed by and construed
for example, in relation to accessing an auction via the rights not expressly granted herein are reserved. forth in Condition 13(b)(iii). In addition to the above, recognized experts in the field, mutually acceptable bindings, stains, foxing, marginal wormholes, lack in accordance with the laws of the State of New York.
Online Platforms and in maintaining continuity of such (ii) You agree that you may not, nor permit any third we will not be liable for any loss whatsoever related to us and the Buyer. We will not be bound by any such of blank leaves or half titles or other conditions not In the event of a dispute arising from or relating to
access. Neither we nor the Seller will be liable to you for party to do or attempt to do any of the following to damage or corruption to the Referenced Content, reports and we reserve the right to seek additional affecting the completeness of the text or illustration, this agreement, you agree to submit to the exclusive
any failure to execute bids through our Online Platforms, without our (or, as applicable, our licensors’) express failure of the NFT to reference the Referenced Content, expert advice at our expense. lack of list of plates, inserted advertisements, cancels jurisdiction of the state courts of and the federal courts
or errors or omissions in connection therewith, prior written consent in each case: (a) modify the or loss of, or other security or persistence issues (e) We reserve, in our absolute discretion as principal, or any subsequently published volume, supplement, sitting in the State and County of New York, though we
including, without limitation, errors or failures caused by Referenced Content for NFTs in any way, including, related to, the Referenced Content. the right to reject a claim under the Authenticity appendix or plates or error in the enumeration of the will retain the right to bring proceedings in a court other
(1) any loss of connection between you and our Online without limitation, the shapes, designs, drawings, (vi) You have sufficient understanding of NFTs, Guarantee if: plates, or is based on the age of hand-coloring in maps, than the state and federal courts sitting in the State
Platforms; (2) a breakdown on or problem with our attributes, or color schemes; (b) use the Referenced digital wallets and other storage mechanisms, atlases or books; or and County of New York.
Online Platforms or other technical services; or (3) a Content for your NFT to advertise, market, or sell any cryptocurrencies, blockchain technology, and the (i) the catalogue description was in accordance (5) the manner in which the text or illustrations are Last Modified December 14, 2023
breakdown or problem with your internet connection, third party product or service; (c) use the Referenced use, characteristics, functionality, programming, with the opinions of scholars and experts, which are defective does not result in a material loss in value of
computer, mobile device or system. generally accepted and known or privately expressed the Lot.
486 COMPLETE CATALOGUING AVAILABLE AT SOTHEBYS.COM/N11410 487