Page 164 - Sotheby's Arcadian beauty Song Pottery Oct. 3, 2018
P. 164

5.  其他服務                                            54, Hopewell Centre, 183 Queen’s Road East,   conditions of the Authenticity Guarantee has
                                         CONDITIONS OF BUSINESS    Hong Kong;                been satisfi ed.
               財務服務 蘇富比向客戶提供多種財務服                                  Sotheby’s Company means Sotheby’s in
               務,其中括為委託提供預付款、及以不擬       The  nature  of  the  relationship  between  the USA and any of its subsidiaries (including   (b) In the light of the matters in Condition
               出售之藝術收藏品作為抵押之貸款。本文並       Sotheby’s,  Sellers  and  Bidders  and  the  Sotheby’s) and Sotheby’s Diamonds SA and   3 above and subject to Conditions 4(a) and
               不構成建議或要約。本文所述之服務均須受       terms on which Sotheby’s (as auctioneer)   its subsidiaries (in each case ‘subsidiary’   4(e), neither any Sotheby’s Company nor the
               制於該服務地區之法律及法規司法管轄。有       and Sellers contract with Bidders are set  having the meaning of Section 2 of the   Seller:
               關進一步資料,請致電香港的蘇富比財務服       out  below.               Companies Ordinance Cap.622).
               務部,電話號碼是+852  2822  8188,或倫                                                   (i)  is liable for any errors or omissions in
                                                                                             information provided to Bidders by Sotheby’s
               敦的蘇富比財務服務部,電話號碼是+44  20   Bidders’  attention is specifi cally drawn to  3.  DUTIES OF BIDDERS AND OF   (or any Sotheby’s Company), whether orally
               7293 5273。                Conditions 3 and 4 below,  which require  SOTHEBY’S IN RESPECT OF ITEMS
                                                                   FOR SALE                  or in writing, whether negligent or otherwise,
                                         them to investigate lots prior to bidding           except as set out in Condition 3(f) above;
               拍賣前估價 蘇富比樂意為閣下之物品提供拍      and which contain specifi c limitations and   (a)  Sotheby’s knowledge in relation to each lot   (ii)  gives any guarantee or warranty to
                                                                   is partially dependent on information provided
               賣前初步估價,此項免費服務由香港蘇富比之      exclusions of the legal liability of Sotheby’s   to it by the Seller, and Sotheby’s is not able   Bidders and any implied warranties and
               專家提供,服務時間為周一至五上午九時三十      and Sellers.  The limitations and exclusions   to and does not carry out exhaustive due   conditions are excluded (save in so far as
               分至下午四時三十分。本公司建議閣下與有關      relating to Sotheby’s are consistent with  diligence on each lot.  Bidders acknowledge   such obligations cannot be excluded by law)
               之專家部門作預約。如有所要求,本公司更會      its role as auctioneer of large quantities  this fact and accept responsibility for carrying   other than the express warranties given by
               到府上為閣下之物品提供拍賣前初步估價。       of goods of a wide variety and Bidders  out inspections and investigations to satisfy   the Seller to the Buyer in Condition 2 of the
                                         should pay particular attention to these  themselves as to the lots in which they may   Sellers’ Conditions of Business;
               估值 估值部門就保險、遺囑認證及承繼權       Conditions.               be interested.            (iii) accepts responsibility to any Bidders
               劃分、資產管理及稅務方案需要提供物品之                                                           in respect of acts or omissions (whether
               書面清單及估值。估值費用相宜,可因應不       1.  INTRODUCTION          (b) Each lot off ered for sale at Sotheby’s is   negligent or otherwise) by Sotheby’s in
               同要求而作出,並能切合大部份需要。如欲       (a)  Sotheby’s and Sellers’ contractual   available for inspection by Bidders prior to the   connection with the conduct of auctions or for
               索取更多資料,請與有關之專家部門聯絡,       relationship with prospective Buyers is   sale.  Sotheby’s accepts bids on lots solely   any matter relating to the sale of any lot.
               電話號碼為(852) 2524 8121,傳真號碼為:  governed by:           on the basis that Bidders (and independent   (c)  Unless Sotheby’s owns a lot off ered for
               (852) 2810 6238。                                    experts on their behalf, to the extent
                                         (i)  these Conditions of Business;  appropriate given the nature and value of the   sale, it is not responsible for any breach of
                                         (ii)  the Conditions of Business for Sellers   lot and the Bidder’s own expertise) have fully   these conditions by the Seller.
               TAX INFORMATION FOR BUYERS  displayed in the saleroom and which are   inspected the lot prior to bidding and have   (d) Without prejudice to Condition 4(b), any
                                         available upon request from Sotheby’s Hong   satisfi ed themselves as to both the condition
                 Buyers should note that local sales taxes or   Kong  salerooms or by telephoning (852)   of the lot and the accuracy of its description.    claim against Sotheby’s or the Seller by a
               use taxes may become payable upon import   2524 8121;                         Bidder is limited to the Purchase Price with
               of items following purchase (for example, use   (iii) Sotheby’s Authenticity Guarantee as   (c)  Bidders acknowledge that many lots are   regard to that lot.  Neither Sotheby’s nor the
               tax may be due when purchased items are   printed in the sale catalogue;   of an age and type which means that they are   Seller shall under any circumstances be liable
               imported into certain states in the US). Buyers   (iv) any additional notices and terms printed   not in perfect condition.  All lots are off ered   for any consequential losses.
               should obtain their own advice in this regard.   in the sale catalogue including the Guide for   for sale in the condition they are in at the
                                         Prospective Buyers; and   time of the auction (whether or not Bidders   (e)  None of this Condition 4 shall exclude
               In the event that Sotheby’s ships items for a   (v)  in respect of online bidding via the   are in attendance at the auction).  Condition   or limit Sotheby’s liability in respect of any
                                         internet, the BID now  Conditions on the   reports may be available to assist when   fraudulent misrepresentation made by
               purchaser in this sale to a destination within                                Sotheby’s or the Seller, or in respect of death
               a US state in which Sotheby’s is registered to   Sotheby’s website,   inspecting lots.  Catalogue descriptions and   or personal injury caused by the negligent
                                         in each case as amended by any saleroom   condition reports may on occasions make
               collect sales tax, Sotheby’s is obliged to collect                            acts or omissions of Sotheby’s or the Seller.
                                         notice or auctioneer’s announcement at the   reference to particular imperfections of a lot,
               and remit the respective state’s sales /use tax
                                         auction.                  but Bidders should note that lots may have
               in eff ect on the total purchase price (including                             5.  BIDDING AT AUCTION
                                                                   other faults not expressly referred to in the
               hammer price, buyer’s premium, shipping                                       (a)  Sotheby’s has absolute discretion to
                                         (b) As auctioneer, Sotheby’s acts as agent   catalogue or condition report.  Illustrations
               costs and insurance), of such items, regard-                                  refuse admission to the auction. Bidders
                                         for the Seller.  A sale contract is made directly   are for identifi cation purposes only and will
               less of the country in which the purchaser   between the Seller and the Buyer.  However,   not convey full information as to the actual   must complete a Paddle Registration Form
               resides or is a citizen. Where the purchaser   Sotheby’s may own a lot (and in such   condition of lots.  and supply such information and references
               has provided Sotheby’s with a valid Resale   circumstances acts in a principal capacity as   as required by Sotheby’s. Bidders act as
               Exemption Certifi cate prior to the release   Seller) and/or may have a legal, benefi cial or   (d) Information provided to Bidders in   principal unless they have Sotheby’s prior
               of the property, sales / use tax will not be   fi nancial interest in a lot as a secured creditor   respect of any lot, including any estimate,   written consent to bid as agent for another
               charged. Clients who wish to provide resale or   or otherwise.  whether written or oral and including   party. Bidders are personally liable for their
               exemption documentation for their purchases         information in any catalogue, condition or   bid and are jointly and severally liable with
               should contact Post Sale Services.   2.  COMMON TERMS  other report, commentary or valuation, is   their principal if bidding as agent.
                                         In these Conditions of Business:  not a representation of fact but rather is
                                                                   a statement of opinion genuinely held by   (b) Sotheby’s advises Bidders to attend the
               Clients who wish to have their purchased lots                                 auction but will seek to carry out absentee
               shipped to the US by Sotheby’s are advised   Bidder is any person considering, making or   Sotheby’s.  Any estimate may not be relied on   written bids which are in Hong Kong dollars
               to contact the Post Sale Manager listed in   attempting to make a bid, by whatever means,   as a prediction of the selling price or value of   and, in Sotheby’s opinion, clear and received
                                                                   the lot and may be revised from time to time
               the front of this catalogue before arranging   and includes Buyers;           suffi  ciently in advance of the sale of the lot,
                                         Buyer is the person who makes the highest   in Sotheby’s absolute discretion.
               shipping.                                                                     endeavouring to ensure that the fi rst received
                                         bid or off er accepted by the auctioneer, and
                                         includes such person’s principal when bidding   (e)  No representations or warranties are   of identical written bids has priority.
               買家稅務信息                    as agent;                 made by Sotheby’s or the Seller as to whether   (c)  Where available, written, telephone
                                         Buyer’s Expenses are any costs or   any lot is subject to copyright or whether the   and internet bids are off ered as an
                                                                   Buyer acquires copyright in any lot.
               買家稅務信息 買家請注意,當進口物品時,      expenses due to Sotheby’s from the Buyer;           additional service for no extra charge, at the
               或須繳付當地之銷售稅或使用稅(例如進口       Buyer’s Premium is the commission   (f)  Subject to the matters referred to at 3(a)   Bidder’s risk and shall be undertaken with
               物品至美國並付運到某些州份時,或需繳        payable by the Buyer on the Hammer Price at   to 3(e) above and to the specifi c exclusions   reasonable care subject to Sotheby’s other
               付使用稅)。買家應自行就此方面尋求稅        the rates set out in the Guide for Prospective   contained at Condition 4 below, Sotheby’s   commitments at the time of the auction;
               務意見。                      Buyers;                   shall exercise such reasonable care when   Sotheby’s therefore cannot accept liability
                                         Counterfeit is as defi ned in Sotheby’s
                                                                   making express statements in catalogue   for failure to place such bids save where
                                         Authenticity Guarantee;
               蘇富比付運本次拍賣之物品目的地為美國而                                 descriptions or condition reports as is   such failure is unreasonable. Telephone and
               蘇富比在此美國州登記為美國銷售稅納稅人       Hammer Price is the highest bid accepted   consistent with its role as auctioneer of lots in   internet bids may be recorded. Internet bids
                                         by the auctioneer by the fall of the hammer,
               時,蘇富比必須徵收並繳交當地之銷售或使       (in the case of wine, as apportioned pro-rata   the sale to which these Conditions relate, and   (“BID now ”) are made subject to the BID now
               用稅,該稅項根據成交總額而定(總額括       by reference to the number of separately   in the light of   Conditions available on the Sotheby’s website
                                                                                                           now
               落鎚價、買家佣金、運送服務費用及保險)       identifi ed items in that lot), or in the case of a   or upon request. The BID   Conditions apply
               ,買家不論居住國家或國籍為何,必須繳付       post-auction sale, the agreed sale price;  (i)  the information provided to it by the   in relation to online bids, in addition to these
               相關稅項。如買家於蘇富比付運物品前,        Purchase Price is the Hammer Price and   Seller;    Conditions of Business.
               向蘇富比提供有效之轉售豁免證明 (Resale   applicable Buyer’s Premium;  (ii)  scholarship and technical knowledge; and   6.  CONDUCT OF THE AUCTION
               Exemption Certificate),蘇富比將不會向買  Reserve is the (confi dential) minimum   (iii) the generally accepted opinions of   (a)  Unless otherwise specifi ed, all lots are
               家收取有關稅項。閣下如欲提供與本次交        Hammer Price at which the Seller has agreed   relevant experts, in each case at the time any   off ered subject to a Reserve, which shall be
                                                                   such express statement is made.
               易相關之轉售豁免證明 (Resale Exemption   to sell a lot;                                 no higher than the low presale estimate at the
               Certificate),請聯絡售後服務部。    Seller is the person off ering a lot for sale       time of the auction.
                                         (including their agent (other than Sotheby’s),   4.  EXCLUSIONS AND LIMITATIONS OF
               閣下如欲透過蘇富比將物品付運至美國,可       executors or personal representatives);  LIABILITY TO BUYERS  (b) The auctioneer has absolute discretion at
               於付運前,按載於圖錄所載之電話號碼聯絡       Sotheby’s means Sotheby’s Hong Kong   (a)  Sotheby’s shall refund the Purchase Price   any time to refuse or accept any bid, withdraw
               售後服務部。                    Ltd., which has its registered offi  ce at Level   to the Buyer in circumstances where it deems   any lot, re-off er a lot for sale (including after
                                                                   that the lot is a Counterfeit and each of the   the fall of the hammer), and take such other
                                                                                             action as he reasonably thinks fi t.
           162     SOTHEBY’S  蘇富比
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