Page 325 - Christie's, Important Chinese Works of Art, Hong Kong Dec 3 2021

(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 set out in these conditions of sale; and
wildlife material if you plan to import the lot into (ii) We do not give any representation, warranty or 9 LAW AND DISPUTES
another country. Several countries refuse to allow guarantee or assume any liability of any kind in respect The rights and obligations of the parties with respect
you to import property containing these materials, of any lot with regard to merchantability, fitness for a to these Conditions of Sale, the conduct of the auction
and some other countries require a licence from particular purpose, description, size, quality, condition, and any matters connected with any of the foregoing
the relevant regulatory agencies in the countries of attribution, authenticity, rarity, importance, medium, shall be governed and interpreted by the Hong Kong
exportation as well as importation. In some cases, the provenance, exhibition history, literature, or historical laws. By bidding at auction, whether present in person
lot can only be shipped with an independent scientific relevance. Except as required by local law, any or by agent, by written bid, telephone or other means,
confirmation of species and/or age and you will need to warranty of any kind is excluded by this paragraph. the buyer shall be deemed to have accepted these
obtain these at your own cost. If a lot contains elephant (c) In particular, please be aware that our written Conditions and submitted, for the benefit of Christie’s,
ivory, or any other wildlife material that could be and telephone bidding services, Christie’s LIVE™, to the exclusive jurisdiction of the Hong Kong courts,
confused with elephant ivory, (for example, mammoth condition reports, currency converter and saleroom and also accepted that Christie’s also has the right to
ivory, walrus ivory, helmeted hornbill ivory) please see video screens are free services and we are not pursue remedies in any other jurisdiction in order to
further important information in paragraph (c) if you responsible to you for any error (human or otherwise), recover any outstanding sums due from the buyer.
are proposing to import the lot into the USA. We will omission, breakdown, or delay, unavailability,
not be obliged to cancel your purchase and refund suspension or termination of any of these services. 10 REPORTING ON WWW.CHRISTIES.COM
the purchase price if your lot may not be exported, (d) We have no responsibility to any person other Details of all lots sold by us, including catalogue
imported or it is seized for any reason by a government than a buyer in connection with the purchase of any descriptions and prices, may be reported on www.
authority. It is your responsibility to determine and lot. christies.com. Sales totals are hammer price plus
satisfy the requirements of any applicable laws or (e) If, in spite of the terms in paragraphs (a) to (d) buyer’s premium and do not reflect costs, financing
regulations relating to the export or import of property or E2(i) above, we are found to be liable to you for fees, or application of buyer’s or seller’s credits. We
containing such protected or regulated material. any reason, we shall not have to pay more than the regret that we cannot agree to requests to remove
(d) US import ban on African elephant ivory purchase price paid by you to us. We will not be these details from www.christies.com.
The USA prohibits the import of ivory from the African responsible to you for any reason for loss of profits
elephant. Any lot containing elephant ivory or other or business, loss of opportunity or value, expected K GLOSSARY
wildlife material that could be easily confused with savings or interest, costs, damages, or expenses. auctioneer : individual auctioneer and/or Christie’s.
elephant ivory (for example, mammoth ivory, walrus authentic : a genuine example, rather than a copy or
ivory, helmeted hornbill ivory) can only be imported J OTHER TERMS forgery of:
into the US with results of a rigorous scientific test 1 OUR ABILITY TO CANCEL (i) the work of a particular artist, author or
acceptable to Fish & Wildlife, which confirms that In addition to the other rights of cancellation manufacturer, if the lot is described in the Heading
the material is not African elephant ivory. Where we contained in this agreement, we can cancel a sale as the work of that artist, author or manufacturer;
have conducted such rigorous scientific testing on of a lot if we reasonably believe that completing the (ii) a work created within a particular period or
a lot prior to sale, we will make this clear in the lot transaction is, or may be, unlawful or that the sale culture, if the lot is described in the Heading as a
description. In all other cases, we cannot confirm places us or the seller under any liability to anyone work created during that period or culture;
whether a lot contains African elephant ivory, and you else or may damage our reputation. (iii) a work for a particular origin source if the lot is
will buy that lot at your own risk and be responsible described in the Heading as being of that origin or
for any scientific test or other reports required 2 RECORDINGS source; or
for import into the USA at your own cost. If such We may videotape and record proceedings at any (iv) in the case of gems, a work which is made of
scientific test is inconclusive or confirms the material auction. We will keep any personal information a particular material, if the lot is described in the
is from the African elephant, we will not be obliged to confidential, except to the extent disclosure is required Heading as being made of that material.
cancel your purchase and refund the purchase price. by law. However, we may, through this process, use authenticity warranty : the guarantee we give in
(e) Lots of Iranian origin or share these recordings with another Christie’s this agreement that a lot is authentic as set out in
Some countries prohibit or restrict the purchase and/ Group company and marketing partners to analyse section E2 of this agreement.
or import of Iranian-origin “works of conventional our customers and to help us to tailor our services for buyer’s premium : the charge the buyer pays us
craftsmanship” (works that are not by a recognized buyers. If you do not want to be videotaped, you may along with the hammer price.
artist and/or that have a function, for example: make arrangements to make a telephone or written catalogue description : the description of a lot in
carpets, bowls, ewers, tiles, ornamental boxes). bid or bid on Christie’s LIVE™ instead. Unless we the catalogue for the auction, as amended by any
For example, the USA prohibits the import of this agree otherwise in writing, you may not videotape or saleroom notice.
type of property and its purchase by US persons record proceedings at any auction. Christie’s Group : Christie’s International Plc, its
(wherever located). Other countries, such as Canada, subsidiaries and other companies within its corporate
only permit the import of this property in certain 3 COPYRIGHT group.
circumstances. As a convenience to buyers, Christie’s We own the copyright in all images, illustrations condition : the physical condition of a lot.
indicates under the title of a lot if the lot originates and written material produced by or for us relating due date : has the meaning given to it paragraph F1(a).
from Iran (Persia). It is your responsibility to ensure to a lot (including the contents of our catalogues estimate : the price range included in the catalogue
you do not bid on or import a lot in contravention of unless otherwise noted in the catalogue). You cannot or any saleroom notice within which we believe a lot
the sanctions or trade embargoes that apply to you. use them without our prior written permission. We may sell. Low estimate means the lower figure in the
(f) Gold do not offer any guarantee that you will gain any range and high estimate means the higher figure.
Gold of less than 18ct does not qualify in all copyright or other reproduction rights to the lot. The mid estimate is the midpoint between the two.
countries as ‘gold’ and may be refused import into hammer price : the amount of the highest bid the
those countries as ‘gold’. 4 ENFORCING THIS AGREEMENT auctioneer accepts for the sale of a lot.
(g) Watches If a court finds that any part of this agreement is not Heading : has the meaning given to it in paragraph E2.
Many of the watches offered for sale in this catalogue valid or is illegal or impossible to enforce, that part of lot : an item to be offered at auction (or two or more
are pictured with straps made of endangered or the agreement will be treated as being deleted and items to be offered at auction as a group).
protected animal materials such as alligator or the rest of this agreement will not be affected. other damages : any special, consequential,
crocodile. These lots are marked with the symbol Ψ incidental or indirect damages of any kind or any
in the catalogue. These endangered species straps 5 TRANSFERRING YOUR RIGHTS AND damages which fall within the meaning of ‘special’,
are shown for display purposes only and are not for RESPONSIBILITIES ‘incidental’ or ‘consequential’ under local law.
sale. Christie’s will remove and retain the strap prior You may not grant a security over or transfer your purchase price : has the meaning given to it in
to shipment from the sale site. At some sale sites, rights or responsibilities under these terms on the paragraph F1(a).
Christie’s may, at its discretion, make the displayed contract of sale with the buyer unless we have given provenance : the ownership history of a lot.
endangered species strap available to the buyer of the our written permission. This agreement will be qualified : has the meaning given to it in paragraph
lot free of charge if collected in person from the sale binding on your successors or estate and anyone E2 and Qualified Headings means the section
site within 1 year of the date of the sale. Please check who takes over your rights and responsibilities. headed Qualified Headings on the page of
with the department for details on a particular lot. the catalogue headed ‘Important Notices and
6 TRANSLATIONS Explanation of Cataloguing Practice’.
For all symbols and other markings referred to in If we have provided a translation of this agreement, reserve : the confidential amount below which we
paragraph H2, please note that lots are marked as a we will use the English version in deciding any will not sell a lot.
convenience to you, but we do not accept liability for issues or disputes which arise under this agreement. saleroom notice : a written notice posted next to
errors or for failing to mark lots. the lot in the saleroom and on www.christies.com,
7 PERSONAL INFORMATION which is also read to prospective telephone bidders and
I OUR LIABILITY TO YOU We will hold and process your personal information notified to clients who have left commission bids, or an
(a) We give no warranty in relation to any and may pass it to another Christie’s Group company announcement made by the auctioneer either at the
statement made, or information given, by us or our for use as described in, and in line with, our privacy beginning of the sale, or before a particular lot is auctioned.
representatives or employees, about any lot other policy at www.christies.com. If you are a resident Subheading : has the meaning given to it in
than as set out in the authenticity warranty and, of California you can see a copy of our California paragraph E2.
as far as we are allowed by law, all warranties and Consumer Privacy Act statement at https://www. UPPER CASE type : means having all capital letters.
other terms which may be added to this agreement christies.com/about-us/contact/ccpa. warranty : a statement or representation in which
by law are excluded. The seller’s warranties the person making it guarantees that the facts set
out in it are correct. 323