Page 369 - 2019 September 11th Sotheby's Important Chinese Art

10. Reserve All lots in this catalogue are 16. Data Protection Sotheby’s will hold This Guarantee is provided for a period 1. The procedure for placing bids via Online
offered subject to a reserve, which is the and process your personal information of five (5) years from the date of the Platforms is a one-step process; as soon
confidential minimum hammer price at and may share it with its subsidiaries and relevant auction, is solely for the benefit as the “Bid Now” button is clicked, a bid is
which a lot will be sold. No reserve will affiliates for use as described in, and in line of the original purchaser of record at the submitted. By placing a bid via any Online
exceed the low presale estimate stated with, Sotheby’s Privacy Policy published on auction and may not be transferred to Platform, you accept and agree that bids
in the catalogue, or as amended by oral Sotheby’s website at www.sothebys.com any third party. To be able to claim under submitted in this way are final and that
or posted notices. We may implement or available on request by email to this Guarantee of Authorship, the original you will not under any circumstances be
such reserve by opening the bidding on enquiries@sothebys.com purchaser of record must: (i) notify permitted to amend or retract your bid.
behalf of the Consignor and may bid up Under European data protection Sotheby’s in writing within three (3) months If a successful bid is sent to Sotheby’s
to the amount of the reserve, by placing laws, a client may object, by request of receiving any information that causes from your computer, phone, tablet, or any
successive or consecutive bids for a lot, and free of charge, to the processing of the original purchaser of record to question other device, you irrevocably agree to pay
or bids in response to other bidders. In their information for certain purposes, the accuracy of the Bold or Capitalized type the full purchase price, including buyer’s
instances where we have an interest in the including direct marketing, and may heading, specifying the lot number, date premium and all applicable taxes and other
lot other than our commission, we may bid access and rectify personal data relating of the auction at which it was purchased applicable charges.
up to the reserve to protect such interest. to them and may obtain more information and the reasons for such question; and (ii)
In certain instances, the Consignor may about Sotheby’s data protection policies return the Lot to Sotheby’s at the original 2. If you have the leading bid, it will be
pay us less than the standard commission by writing to Sotheby’s, 34-35 New selling location in the same condition as at indicated on the screen with the statement
rate where a lot is “bought-in” to protect Bond Street, London W1A 2AA, or 1334 the date of sale to the original purchaser “Bid with you” (on BIDNow) or “You’re
its reserve. York Avenue, New York, NY 10021, Attn: of record and be able to transfer good title the highest bidder” (on eBay) or “Bid with
Compliance, or emailing enquiries@ to the Lot, free from any third party claims you” (on Invaluable). If a bid is placed
11. Tax Unless exempted by law, the sothebys.com. arising after the date of such sale. online simultaneously with a bid placed by
purchaser will be required to pay the Please be aware that Sotheby’s may film Sotheby’s has discretion to waive any of a bidder in the room or on the telephone
combined New York State and local sales auctions or other activities on Sotheby’s the above requirements. Sotheby’s may (a “floor” bid), the “floor” bid generally
tax, any applicable compensating use tax premises and that such recordings may be require the original purchaser of record to will take precedence; the auctioneer will
of another state, and if applicable, any transmitted over the Internet via Sotheby’s obtain at the original purchaser of record’s have the final discretion to determine the
federal luxury or other tax, on the total website, the eBay website, the Invaluable cost the reports of two independent and successful bidder or to reopen bidding.
purchase price. The rate of such combined website and other Online Platforms. recognized experts in the field, mutually The auctioneer’s decision is final.
tax is 8.875% in New York City and ranges Telephone bids may be recorded. acceptable to Sotheby’s and the original
from 7% to 8.625% elsewhere in New York. Sotheby’s use of information collected purchaser of record. Sotheby’s shall 3. The next bidding increment is shown
about eBay users may differ and is not be bound by any reports produced on the screen for your convenience. The
12. Export and Permits It is the governed by the terms of the eBay Privacy by the original purchaser of record, and auctioneer has discretion to vary bidding
purchaser’s sole responsibility to identify Policy and Sotheby’s on eBay Live Auction reserves the right to seek additional expert increments for bidders in the auction room
and obtain any necessary export, Platform Privacy Policy, which can be found advice at its own expense. It is specifically and on the telephones, but bidders using
import, firearm, endangered species or on the Sotheby’s on eBay Live Auction understood and agreed that the rescission Online Platforms may not be able to place
other permit for the lot. Any symbols Website. Sotheby’s use of information of a sale and the refund of the original a bid in an amount other than a whole
or notices in the sale catalogue reflect collected about Invaluable users may purchase price paid (the successful bidding increment. All bidding for this sale
Sotheby’s reasonable opinion at the differ and is governed by the terms of the hammer price, plus the buyer’s premium) will be in the domestic currency of the sale
time of cataloguing and are for bidders’ Invaluable Privacy Policy and Sotheby’s on is exclusive and in lieu of any other remedy location, and online bidders will not be able
general guidance only; Sotheby’s and the Invaluable Online Platform Privacy Policy, which might otherwise be available as to see the currency conversion board that
Consignor make no representations or which can be found on the Sotheby’s on a matter of law, or in equity. Sotheby’s may be displayed in the auction room.
warranties as to whether any lot is or is not Invaluable Live Auction Website. and the Consignor shall not be liable for
subject to export or import restrictions or any incidental or consequential damages 4. The record of sale kept by Sotheby’s
any embargoes. incurred or claimed, including without will be taken as absolute and final in all
TERMS OF GUARANTEE limitation, loss of profits or interest. disputes. In the event of a discrepancy
13. Governing Law and Jurisdiction These between any online records or messages
Conditions of Sale and Terms of Guarantee, As set forth below and in the Conditions provided to you and the record of sale kept
as well as bidders’, the purchaser’s and of Sale, for all lots Sotheby’s guarantees ADDITIONAL TERMS AND by Sotheby’s, the record of sale will govern.
our respective rights and obligations that the authorship, period, culture or CONDITIONS FOR LIVE ONLINE
hereunder, shall be governed by and origin (collectively, “Authorship”) of each BIDDING 5. Online bidders are responsible for
construed and enforced in accordance lot in this catalogue is as set out in the making themselves aware of all salesroom
with the laws of the State of New York. By BOLD or CAPITALIZED type heading in notices and announcements. All saleroom
bidding at an auction, whether present in the catalogue description of the lot, as The following terms and conditions notices will be read by the auctioneer at the
(the “Online Terms”) provide important
person or by agent, order bid, telephone, amended by oral or written salesroom beginning, where appropriate, or during the
online or other means, all bidders including notes or announcements. Purchasers information related to live online bidding sale prior to a relevant lot being offered for
via BIDnow, eBay, Invaluable, and any other
the purchaser, shall be deemed to have should refer to the Glossary of Terms, if any, sale. Sotheby’s recommends that online
consented to the exclusive jurisdiction of for an explanation of the terminology used Online Platform through which bidding is bidders log on at least ten minutes before
made available (“Online Platforms”).
the state courts of, and the federal courts in the Bold or Capitalized type heading the scheduled start of the auction to ensure
These Conditions are in addition to and
sitting in, the State of New York. All parties and the extent of the Guarantee. Sotheby’s subject to the same law and our standard that you have heard all announcements
agree, however, that Sotheby’s shall retain makes no warranties whatsoever, whether made by the auctioneer at the beginning
the right to bring proceedings in a court express or implied, with respect to any terms and conditions of sale, including of the sale.
the authenticity guarantee and any other
other than the state and federal courts material in the catalogue other than
sitting in the State of New York. that appearing in the Bold or Capitalized terms and are not intended in any way to 6. Sotheby’s reserves the right to refuse
replace them. By participating in this sale
heading and subject to the exclusions via any Online Platform, you acknowledge or revoke permission to bid via Online
14. Packing and Shipping We are not below. that you are bound by the Conditions of Platforms and to remove bidding privileges
during a sale.
responsible for the acts or omissions in our In the event Sotheby’s in its reasonable Sale applicable in the relevant sale and by
packing or shipping of purchased lots or opinion deems that the conditions of the these additional Conditions.
of other carriers or packers of purchased Guarantee have been satisfied, it shall
lots, whether or not recommended by us. refund to the original purchaser of record
Packing and handling of purchased lots is the hammer price and applicable Buyer’s
at the entire risk of the purchaser. Premium paid for the lot by the original
purchaser of record.
15. Limitation of Liability In no event
will the aggregate liability of Sotheby’s and
the consignor to a purchaser exceed the
purchase price actually paid.
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