Page 118 - Christie's Hong Kong Chinese Paintings May 28 to 29 2022

(A) PHONE BIDS amount of the reserve either by making consecutive (b) has the right to transfer ownership of the lot
Your request for this service must be made no later bids or by making bids in response to other bidders. to the buyer without any restrictions or claims by
than 24 hours prior to the auction and may also be The auctioneer will not identify these as bids made anyone else.
made on the Christie's WeChat Mini Program. We on behalf of the seller and will not make any bid on If either of the above warranties are incorrect, the
will accept bids by telephone for lots only if our staff behalf of the seller at or above the reserve. If lots seller shall not have to pay more than the purchase
are available to take the bids. Telephone bids cannot are offered without reserve, the auctioneer will price (as defined in paragraph F1(a) below) paid by
be accepted for lots estimated below HK$30,000. If generally decide to open the bidding at 50% of the you to us. The seller will not be responsible to you for
you need to bid in a language other than in English, low estimate for the lot. If no bid is made at that any reason for loss of profits or business, expected
you must arrange this well before the auction. level, the auctioneer may decide to go backwards savings, loss of opportunity or interest, costs,
We may record telephone bids. By bidding on the at his or her sole option until a bid is made, and then damages, other damages or expenses. The seller
telephone, you are agreeing to us recording your continue up from that amount. In the event that gives no warranty in relation to any lot other than
conversations. You also agree that your telephone there are no bids on a lot, the auctioneer may deem as set out above and, as far as the seller is allowed
bids are governed by these Conditions of Sale. such lot unsold. by law, all warranties from the seller to you, and
(B) INTERNET BIDS ON CHRISTIE’S LIVE™ all other obligations upon the seller which may be
For certain auctions we will accept bids over the 6 BID INCREMENTS added to this agreement by law, are excluded.
Internet. To learn more, please visit https://www. Bidding generally starts below the low estimate and
christies.com/auctions/christies-live-on-mobile. increases in steps (bid increments). The auctioneer 2 OUR AUTHENTICITY WARRANTY
You should register at least 24 hours in advance of will decide at his or her sole option where the We warrant, subject to the terms below, that the
the sale in order to bid online with Christie’s LIVE™. bidding should start and the bid increments. The lots in our sales are authentic (our “authenticity
As well as these Conditions of Sale, internet bids usual bid increments are shown for guidance only on warranty”). If, within 5 years of the date of the
are governed by the Christie’s LIVE™ terms of use the Written Bid Form at the back of this catalogue. auction, you give notice to us that your lot is not
which are available on https://www.christies.com/ authentic, subject to the terms below, we will refund
LiveBidding/OnlineTermsOfUse.aspx. 7 CURRENCY CONVERTER the purchase price paid by you. The meaning
(C) WRITTEN BIDS The saleroom video screens, Christie’s LIVE™ and of authentic can be found in the glossary at the
You can find a Written Bid Form at the back of our Christie’s website may show bids in some other end of these Conditions of Sale. The terms of the
catalogues, at any Christie’s office or by choosing major currencies from that of the saleroom. Any authenticity warranty are as follows:
the sale and viewing the lots online at www. conversion is for guidance only and we cannot be (a) It will be honoured for claims notified within a
christies.com or on the Christie's WeChat Mini bound by any rate of exchange used by Christie’s. period of 5 years from the date of the auction. After
Program. We must receive your completed Written Christie’s is not responsible for any error (human such time, we will not be obligated to honour the
Bid Form at least 24 hours before the auction. Bids or otherwise), omission or breakdown in providing authenticity warranty.
must be placed in the currency of the saleroom. these services. (b) It is given only for information shown in
The auctioneer will take reasonable steps to carry UPPERCASE type in the first line of the catalogue
out written bids at the lowest possible price, taking 8 SUCCESSFUL BIDS description (the “Heading”). It does not apply to
into account the reserve. If you make a written bid 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
on a lot which does not have a reserve and there is shown in UPPERCASE type.
no higher bid than yours, we will bid on your behalf the auctioneer’s hammer strikes, we have accepted (c) The authenticity warranty does not apply to
the last bid. This means a contract for sale has been
at around 50% of the low estimate or, if lower, the any Heading or part of a Heading which is qualified.
amount of your bid. If we receive written bids on a formed between the seller and the successful bidder. Qualified means limited by a clarification in a lot’s
We will issue an invoice only to the registered bidder
lot for identical amounts, and at the auction these catalogue description or by the use in a Heading
are the highest bids on the lot, we will sell the lot to who made the successful bid. While we send out of one of the terms listed in the section titled
invoices by post and/or email after the auction, we
the bidder whose written bid we received first. Qualified Headings on the page of the catalogue
do not accept responsibility for telling you whether headed “Important Notices and Explanation of
C CONDUCTING THE SALE or not your bid was successful. If you have bid by Cataloguing Practice”. For example, use of the term
1 WHO CAN ENTER THE AUCTION written bid, you should contact us by telephone or in “ATTRIBUTED TO…..” in a Heading means that the
We may, at our option, refuse admission to our person as soon as possible after the auction to get lot is in Christie’s opinion probably a work by the
premises or decline to permit participation in any details of the outcome of your bid to avoid having to named artist but no warranty is provided that the lot
auction or to reject any bid. pay unnecessary storage charges. is the work of the named artist. Please read the full
list of Qualified Headings and a lot’s full catalogue
2 RESERVES 9 LOCAL BIDDING LAWS description before bidding.
Unless otherwise indicated, all lots are subject to a You agree that when bidding in any of our sales (d) The authenticity warranty applies to the
reserve. We identify lots that are offered without that you will strictly comply with all local laws and Heading as amended by any Saleroom Notice.
reserve with the symbol • next to the lot number. regulations in force at the time of the sale for the (e) The authenticity warranty does not apply
The reserve cannot be more than the lot’s low relevant sale site. where scholarship has developed since the auction
estimate. 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, 20% 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 14.5% 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.
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 It is the buyer’s responsibility to ascertain and pay all benefit of this authenticity warranty may not be
taxes due. In all circumstances Hong Kong law takes
consider such claim in good faith. If the auctioneer, transferred to anyone else.
in the exercise of his or her discretion under this precedence. Christie’s recommends you obtain your (h) In order to claim under the authenticity
own independent tax 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 those (iii) return the lot at your expense to the saleroom
states for which Christie’s is not required to collect
4 BIDDING from which you bought it in the condition it was in
The auctioneer accepts bids from: sales tax, a successful bidder may be required at the time of sale.
(a) bidders in the saleroom; to remit use tax to that state’s taxing authorities. (i) Your only right under this authenticity warranty
(b) telephone bidders, and internet bidders through Christie’s recommends you obtain your own is to cancel the sale and receive a refund of the
‘Christie’s LIVE™ (as shown above in Section B6); 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
5 BIDDING ON BEHALF OF THE SELLER acting with the permission of the other co-owners or, damages or expenses.
(j) Books. Where the lot is a book, we give an
if the seller is not the owner or a joint owner of the
The auctioneer may, at his or her sole option, bid lot, has the permission of the owner to sell the lot, or additional warranty for 14 days from the date of the
on behalf of the seller up to but not including the sale that if on collation any lot is defective in text
the right to do so in law; and
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