Page 250 - Sothebys Fine Chinese paintings Hong Kong

reject any instruction or request that the Any symbols or notices in the sale catalogue equivalent legal protection of personal description in the catalogue (taking into
whole or a part of such partial payment be reflect Sotheby’s reasonable opinion at information to that offered within Hong account any Glossary of Terms). No lot shall
applied towards the Purchase Price of, and/ the time of cataloguing and offer Bidders Kong. It is Sotheby's policy to require be considered a counterfeit by reason only
or the shortfall and/or Sotheby’s claim for general guidance only. Without prejudice that any such third parties respect the of any damage and/or restoration and/or
damages in respect of, any particular lot(s) to Conditions 3 and 4 above, Sotheby’s privacy and confidentiality of our clients' modification work of any kind (including
purchased by the Buyer; and the Seller make no representations or information and provide the same level repainting or over-painting).
warranties as to whether any lot is or is not
(e) reject future bids from the Buyer or render subject to export or import restrictions or of protection for clients' information as Please note that this Guarantee does not
provided within Hong Kong, whether or
such bids subject to payment of a deposit; any embargoes. The denial of any permit apply if either:-
such deposit to be applied at Sotheby’s or licence shall not justify cancellation or not they are located in a country that
discretion in the event of subsequent non- rescission of the sale contract or any delay in offers equivalent legal protection of (i) the catalogue description was in
payment or late payment; payment. We shall not be responsible for any personal information. By agreeing to accordance with the generally accepted
liability arising from any failure to complete these Conditions of Business, clients opinions of scholar(s) and expert(s) at the
(f) charge interest at a rate not exceeding 2% or submit the required export or import agree to such disclosure. date of the sale, or the catalogue description
per month from the Due Date to the date the manifest, list or documentation. indicated that there was a conflict of such
Purchase Price and relevant Buyer’s Expenses Clients will please note that for security opinions; or
are received in cleared funds; 11. GENERAL purposes, Sotheby's premises are subject
(a) All images and other materials produced to video recording. Telephone calls e.g. (ii) the only method of establishing at the date
(g) exercise a lien over any of the Buyer’s for the auction are the copyright of Sotheby’s, telephone and internet bidding/voicemail of the sale that the item was a counterfeit
property which is in the possession of for use at Sotheby’s discretion. messages may also be recorded. would have been by means of processes
a Sotheby’s Company. Sotheby’s shall not then generally available or accepted,
inform the Buyer of the exercise of any (b) Notices to Sotheby’s should be in 13. LAW AND JURISDICTION unreasonably expensive or impractical to use;
such lien and within 14 days of such notice writing and addressed to the department or likely to have caused damage to the lot or
may arrange the sale of such property and in charge of the sale, quoting the reference Governing Law These Conditions of likely (in Sotheby’s reasonable opinion) to
apply the proceeds to the amount owed number specified at the beginning of the sale Business and all aspects of all matters, have caused loss of value to the lot; or
to Sotheby’s, and/or any shortfall in the catalogue. Notices to Sotheby’s clients shall transactions or disputes to which they relate
Purchase Price and Buyer’s Expenses in be addressed to the last address formally or apply shall be governed by and interpreted (iii) there has been no material loss in
the event of a resale under Condition 8(h) notified by them to Sotheby’s. in accordance with Hong Kong law. value of the lot from its value had it been in
below (on a pro-rata basis where more accordance with its description.
than one lot is purchased by the Buyer at (c) Should any provision of these Conditions Jurisdiction For the benefit of Sotheby’s, all
the auction and is then resold), and/or any of Business be held unenforceable for any Bidders and Sellers agree that the Hong Kong This Guarantee is provided for a period of
claim by Sotheby’s against the Buyer for reason, the remaining provisions shall remain Courts are to have exclusive jurisdiction to five (5) years after the date of the relevant
damages for the Buyer’s breach of contract in full force and effect. settle all disputes arising in connection with auction, is solely for the benefit of the Buyer
(including but not limited to the Buyer’s all aspects of all matters or transactions to and may not be transferred to any third party.
Premium in the event of a termination of the (d) These Conditions of Business are which these Conditions of Business relate or To be able to claim under this Guarantee, the
sale contract); not assignable by any Buyer without apply. All parties agree that Sotheby’s shall Buyer must:-
Sotheby’s prior written consent, but are retain the right to bring proceedings in any
(h) resell the lot by auction or private sale, binding on Buyers’ successors, assigns and court other than the Hong Kong Courts. (i) notify Sotheby’s in writing within three
with estimates and reserves at Sotheby’s representatives. No act, omission or delay by (3) months of receiving any information that
discretion. In the event such resale is for Sotheby’s shall be deemed a waiver or release Service of Process All Bidders and Sellers causes the Buyer to question the authenticity
less than the Purchase Price and Buyer’s of any of its rights. or attribution of the item, specifying the lot
Expenses for that lot, the Buyer will remain irrevocably consent to service of process number, date of the auction at which it was
liable for the shortfall together with all costs (e) The materials listed in Condition 1(a) or any other documents in connection purchased and the reasons why it is thought
incurred in such resale; above set out the entire agreement and with proceedings in any court by facsimile to be counterfeit; and
understanding between the parties with transmission, personal service, delivery
(i) commence legal proceedings to recover respect to the subject matter hereof. It is by mail or in any other manner permitted (ii) return the item to Sotheby’s in the same
the Purchase Price and Buyer’s Expenses for agreed that, save in respect of liability for by Hong Kong law, the law of the place of condition as at the date of sale to the Buyer
that lot, or to claim damages for the Buyer’s fraudulent misrepresentation, no party has service or the law of the jurisdiction where and be able to transfer good title in the item,
breach of contract, together with interest entered into any contract pursuant to these proceedings are instituted, at the last address free from any third party claims arising after
and the costs of such proceedings on a full terms in reliance on any representation, of the Buyer or Seller known to Sotheby’s or the date of the sale.
indemnity basis; or warranty or undertaking which is not any other usual address.
expressly referred to in such materials. Sotheby’s has discretion to waive any of the
(j) release the name and address of the General Authenticity Guarantee above requirements. Sotheby’s may require
Buyer to the Seller to enable the Seller to 12. DATA PROTECTION In respect of fine Chinese paintings, the the Buyer to obtain at the Buyer’s cost the
commence legal proceedings to recover In connection with the management artists’ names recorded in this catalogue reports of two independent and recognised
the amounts due or claim damages for the and operation of our business and the (if any) are not to be taken as unqualified experts in the field, mutually acceptable to
Buyer’s breach of contract and legal costs. marketing and supply of Sotheby's attributions to the artists named. No Sotheby’s and the Buyer. Sotheby’s shall
Sotheby’s will take reasonable steps to notify Companies' services, or as required unqualified attributions to any artist or not be bound by any reports produced by
the Buyer prior to releasing such details to the by law, we may ask clients to provide date are made or intended. The current the Buyer, and reserves the right to seek
Seller. scholarship in the field of Chinese paintings additional expert advice at its own expense.
personal information about themselves does not permit unqualified statements as In the event Sotheby’s decides to rescind
or obtain information about clients from to authorship or date of execution. Therefore,
9. FAILURE TO COLLECT PURCHASES the sale under this Guarantee, it may refund
(a) If the Buyer pays the Purchase Price third parties (e.g. credit information). none of the fine Chinese paintings in this to the Buyer the reasonable costs of up to
catalogue are subject to any guarantee of
and Buyer’s Expenses but fails to collect a If clients provide Sotheby's with authenticity and all such property is sold two mutually approved independent expert
purchased lot within thirty calendar days information that is defined by law as as is in accordance with the Conditions of reports.
of the auction, the lot will be stored at the "sensitive", they agree that Sotheby's Business. Any assistance given by Sotheby’s
Buyer’s expense (and risk) at Sotheby’s or Companies may use it for the above staff to a buyer in selecting a purchase is
with a third party. purposes. Sotheby's Companies will not 蘇富比之香港業務規則
use or process sensitive information for given without prejudice to the above. Buyers
(b) If a purchased lot is paid for but not any other purpose without the client's are recommended to take independent 買家之業務規則
professional advice on selection of purchases.
collected within six months of the auction, express consent. Notwithstanding the above, if Sotheby’s sells 蘇富比、賣家及競投人之關係性質及蘇富比
the Buyer authorises Sotheby’s, having given an item which subsequently is shown to be （作為拍賣官 ）及賣家與競投人所訂立合約之
notice to the Buyer, to arrange a resale of the If you would like further information on a “counterfeit”, subject to the terms below 條款於下文載列。
item by auction or private sale, with estimates Sotheby's policies on personal data, or Sotheby’s will set aside the sale and refund to 競投人務請細閱下文規則第3 及4 條，該兩
and reserves at Sotheby’s discretion. The to make corrections to your information, the Buyer the total amount paid by the Buyer 條要求競投人在投標前檢查拍賣品，並闡述
proceeds of such sale, less all costs incurred please contact us on (852) 2524 8121. to Sotheby’s for the item, in the currency of 了蘇富比及賣家之法律責任之具體限制及豁
by Sotheby’s, will be forfeited unless collected the original sale. 免。有關蘇富比所持有之限制及豁免符合其
by the Buyer within two years of the original If you would prefer not to receive details For these purposes, “counterfeit” means
auction. 作為大量不同種類貨品拍賣官之身份，競投
of future events please tick here. a lot that in Sotheby’s reasonable opinion 人應特別注意該等規則。
is an imitation created to deceive as to
10. EXPORT AND PERMITS authorship, origin, date, age, period, culture
It is the Buyer’s sole responsibility to identify In order to fulfil the services clients have or source, where the correct description
and obtain any necessary export, import, requested, Sotheby's may disclose of such matters is not reflected by the
firearm, endangered species or other permit information to third parties (e.g.
for the lot and to complete any required export shippers). Some countries do not offer
or import manifest, list or documentation.
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