Page 120 - Christie's Hong Kong Chinese Paintings May 28 to 29 2022

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