Page 74 - Moments of Flash April 3, 2017 Hong Kong
P. 74

三十( 30)天 。請參閱載於本圖錄之買家業                          the USA).                                            2. COMMON TERMS                                     written or oral and including information in
務規則第 7 條 。                                                                                                                                               any catalogue, condition or other report,
                                                Sotheby’s is currently registered to collect USA     In these Conditions of Business:                    commentary or valuation, is not a representa-
付運  蘇富比裝運部可就拍賣品之出口及付                            sales tax in the states of California and New York.                                                      tion of fact but rather is a statement of opinion
運向買家提供意見 。辦事處之辦公時間為上                            If the property is delivered into any of the states  Bidder is any person considering, making or         genuinely held by Sotheby’s. Any estimate
午九時三十分至下午六時 ,閣下可按載於圖                            in which Sotheby’s is registered, Sotheby’s is       attempting to make a bid, by whatever means,        may not be relied on as a prediction of the sell-
錄前部分之電話號碼聯絡裝運顧問 。已購物                            required by law to collect and remit the appro-      and includes Buyers;                                ing price or value of the lot and may be revised
品將於會計部收到結清貨款後及取得閣下之                             priate sales tax in effect in the state where the    Buyer is the person who makes the highest           from time to time in Sotheby’s absolute
書面付運指示及任何出口許可證或可能需要                             property is delivered.                               bid or offer accepted by the auctioneer, and        discretion.
之證書後儘快付運 。付運所需費用概由買家                                                                                 includes such person’s principal when bidding
支付 。蘇富比可從安排付運之代理人收取費                            Buyers should obtain their own tax advice from       as agent;                                           (e) No representations or warranties are
用 。如有要求 ,蘇富比可提供報價及所有運                           their tax advisors in this regard.                   Buyer’s Expenses are any costs or expenses          made by Sotheby’s or the Seller as to whether
送方式之資料 。如有垂詢 ,請聯絡蘇富比裝                                                                                due to Sotheby’s from the Buyer;                    any lot is subject to copyright or whether the
運 部 ,並 傳 真 至( 852)25236489。閣 下 之                買家稅務信息                                               Buyer’s Premium is the commission payable           Buyer acquires copyright in any lot.
承運人將對運送保險作出報價 。所有付運貨                                                                                 by the Buyer on the Hammer Price at the rates
品交貨之時應打開裝檢查 ,如有任何不符                            香港以外之買家應注意,當進口購買品時,                                  set out in the Guide for Prospective Buyers;        (f) Subject to the matters referred to at 3(a)
之處 ,請立即通知運送保險商或承運人 。                            或須繳付當地之銷售稅或使用稅(例如進口                                  Counterfeit is as defined in Sotheby’s              to 3(e) above and to the specific exclusions
                                                購買品至美國並付運到某些州份時,所需繳                                  Authenticity Guarantee;                             contained at Condition 4 below, Sotheby’s
出口  任何拍賣品都可能需要一或多個許可                            付之銷售稅或使用稅)。                                          Hammer Price is the highest bid accepted            shall exercise such reasonable care when
證方可自香港出口或由其他國家進口 。買家                                                                                 by the auctioneer by the fall of the hammer,        making express statements in catalogue de-
須負責取得任何有關之進出口許可證 。即使                            蘇富比現時已在美國加利福尼亞州及紐約                                   (in the case of wine, as apportioned pro-rata       scriptions or condition reports as is consistent
未能取得任何許可證或延遲取得該許可證 ,                            州登記為美國銷售稅納稅人。根據有關法                                   by reference to the number of separately            with its role as auctioneer of lots in the sale to
均不能構成取消成交或任何延遲支付到期應                             律,蘇富比付運購買品至已登記為美國銷                                   identified items in that lot), or in the case of a  which these Conditions relate, and in the light
付總額之理由 。蘇富比可應要求申領牌照 ,                           售稅納稅人之州份時,必須徵收並繳交相                                   post-auction sale, the agreed sale price;           of
將閣下之拍賣品出口至香港境外 ,惟會就此                            關之稅項。                                                Purchase Price is the Hammer Price and              (i) the information provided to it by the Seller;
收取行政費用 。蘇富比建議閣下保留所有進                                                                                 applicable Buyer’s Premium;                         (ii) scholarship and technical knowledge; and
出口文件( 括許可證 ),在某些國家閣下                           買家應自行向稅務顧問就此方面尋求稅務                                   Reserve is the (confidential) minimum               (iii) the generally accepted opinions of
可能須向政府當局出示此類文件 。                                意見。                                                  Hammer Price at which the Seller has agreed         relevant experts, in each case at the time any
                                                                                                     to sell a lot;                                      such express statement is made.
瀕危物種  由植物或動物材料( 如珊瑚 、鱷                          CONDITIONS OF BUSINESS                               Seller is the person offering a lot for sale
魚 、象牙 、鯨骨 、玳瑁等 )製成或含有植物                                                                              (including their agent (other than Sotheby’s),      4. EXCLUSIONS AND LIMITATIONS
或動物材料之物品 ,不論其年份或價值 ,均                           The nature of the relationship between               executors or personal representatives);             OF LIABILITY TO BUYERS
可能須申領許可證或證書方可出口至香港境                             Sotheby’s, Sellers and Bidders and the               Sotheby’s means Sotheby’s Hong Kong Ltd.,
外 ,且由香港境外國家進口時可能須申領其                            terms on which Sotheby’s (as auctioneer)             which has its registered office at                  (a) Sotheby’s shall refund the Purchase Price
他許可證或證書 。務請注意 ,能取得出口許                           and Sellers contract with Bidders are set            Level 54, Hopewell Centre,                          to the Buyer in circumstances where it deems
可證或證書並不能確保可在另一國家取得進                             out below.                                           183 Queen’s Road East, Hong Kong;                   that the lot is a Counterfeit and each of the
口許可證或證書 ,反之亦然 。例如 ,進口非                                                                               Sotheby’s Company means Sotheby’s in                conditions of the Authenticity Guarantee has
洲象牙至美國即屬非法 。蘇富比建議買家向                                Bidders’ attention is specifically drawn          the USA and any of its subsidiaries (including      been satisfied.
相關政府查核有關野生動植物進口之規定後                             to Conditions 3 and 4 below, which require           Sotheby’s) and Sotheby’s Diamonds SA and
再參與競投 。買家須負責取得任何出口或進                            them to investigate lots prior to bidding            its subsidiaries (in each case ‘subsidiary’ hav-    (b) In the light of the matters in Condition
口許可證及 ∕或證書 ,以及任何其他所需文                           and which contain specific limitations and            ing the meaning of Section 2 of the Companies       3 above and subject to Conditions 4(a) and
件( 請參閱載於本圖錄之買家業務規則第 10                          exclusions of the legal liability of Sotheby’s       Ordinance Cap.32).                                  4(e), neither any Sotheby’s Company nor the
條 )。                                            and Sellers. The limitations and exclusions                                                              Seller:
                                                relating to Sotheby’s are consistent with            3. DUTIES OF BIDDERS AND OF
5. 其他服務                                         its role as auctioneer of large quantities of        SOTHEBY’S IN RESPECT OF ITEMS                       (i) is liable for any errors or omissions in
                                                goods of a wide variety and Bidders should           FOR SALE                                            information provided to Bidders by Sotheby’s
財 務 服 務  蘇 富 比 向 客 戶 提 供 多 種 財 務 服              pay particular attention to these Conditions.                                                            (or any Sotheby’s Company), whether orally
務 ,其中括為委託提供預付款 、及以不擬                                                                                (a) Sotheby’s knowledge in relation to each lot     or in writing, whether negligent or otherwise,
出售之藝術收藏品作為抵押之貸款 。本文並                            1. INTRODUCTION                                      is partially dependent on information provided      except as set out in Condition 3(f) above;
不構成建議或要約 。本文所述之服務均須受                                                                                 to it by the Seller, and Sotheby’s is not able      (ii) gives any guarantee or warranty to
制於該服務地區之法律及法規司法管轄 。有                            (a) Sotheby’s and Sellers’ contractual rela-         to and does not carry out exhaustive due            Bidders and any implied warranties and
關進一步資料 ,請致電香港的蘇富比財務服                            tionship with prospective Buyers is governed         diligence on each lot. Bidders acknowledge          conditions are excluded (save in so far as
務部 ,電話號碼是 +852 2822 8188,或倫                     by:                                                  this fact and accept responsibility for carrying    such obligations cannot be excluded by law)
敦的蘇富比財務服務部 ,電話號碼是 +44 20                                                                             out inspections and investigations to satisfy       other than the express warranties given by
7293 5273。                                      (i) these Conditions of Business;                    themselves as to the lots in which they may be      the Seller to the Buyer in Condition 2 of the
                                                (ii) the Conditions of Business for Sellers          interested.                                         Sellers’ Conditions of Business;
拍賣前估價  蘇富比樂意為閣下之物品提供                            displayed in the saleroom and which are avail-                                                           (iii) accepts responsibility to any Bidders in
拍賣前初步估價 ,此項免費服務由香港蘇富                            able upon request from Sotheby’s Hong Kong           (b) Each lot offered for sale at Sotheby’s is       respect of acts or omissions (whether negli-
比之專家提供 ,服務時間為周一至五上午九                            salerooms or by telephoning (852) 2524 8121;         available for inspection by Bidders prior to the    gent or otherwise) by Sotheby’s in connection
時三十分至下午四時三十分 。本公司建議閣                            (iii) Sotheby’s Authenticity Guarantee as            sale. Sotheby’s accepts bids on lots solely on      with the conduct of auctions or for any matter
下與有關之專家部門作預約 。如有所要求 ,                           printed in the sale catalogue;                       the basis that Bidders (and independent ex-         relating to the sale of any lot.
本公司更會到府上為閣下之物品提供拍賣前                             (iv) any additional notices and terms printed        perts on their behalf, to the extent appropriate
初步估價 。                                          in the sale catalogue including the Guide for        given the nature and value of the lot and the       (c) Unless Sotheby’s owns a lot offered for
                                                Prospective Buyers, in each case as amended          Bidder’s own expertise) have fully inspected        sale, it is not responsible for any breach of
估值  估值部門就保險 、遺囑認證及承繼權                           by any saleroom notice or auctioneer’s an-           the lot prior to bidding and have satisfied         these conditions by the Seller.
劃分 、資產管理及稅務方案需要提供物品之                            nouncement at the auction. and                       themselves as to both the condition of the lot
書面清單及估值 。估值費用相宜 ,可因應不                           (v) in respect of online bidding via the inter-      and the accuracy of its description.                (d) Without prejudice to Condition 4(b), any
同要求而作出 ,並能切合大部份需要 。如欲                           net, the BIDnow Conditions on the Sotheby’s                                                              claim against Sotheby’s or the Seller by a
索取更多資料 ,請與有關之專家部門聯絡 ,                           website,                                             (c) Bidders acknowledge that many lots are          Bidder is limited to the Purchase Price with
電話號碼為 (852) 2524 8121,傳真號碼為:                    in each case as amended by any saleroom              of an age and type which means that they are        regard to that lot. Neither Sotheby’s nor the
(852) 2810 6238。                                notice or auctioneer’s announcement at the           not in perfect condition. All lots are offered      Seller shall under any circumstances be liable
                                                auction.                                             for sale in the condition they are in at the time   for any consequential losses.
TAX INFORMATION FOR BUYERS                                                                           of the auction (whether or not Bidders are in
                                                (b) As auctioneer, Sotheby’s acts as agent           attendance at the auction). Condition reports       (e) None of this Condition 4 shall exclude
Buyers from outside Hong Kong should            for the Seller. A sale contract is made directly     may be available to assist when inspecting          or limit Sotheby’s liability in respect of any
note that local sales taxes or use taxes may    between the Seller and the Buyer. However,           lots. Catalogue descriptions and condition          fraudulent misrepresentation made by
become payable upon import of items following   Sotheby’s may own a lot (and in such                 reports may on occasions make reference to          Sotheby’s or the Seller, or in respect of death
purchase (for example, the Use Tax payable on   circumstances acts in a principal capacity as        particular imperfections of a lot, but Bidders      or personal injury caused by the negligent
import of purchased items to certain states of  Seller) and/or may have a legal, beneficial or       should note that lots may have other faults         acts or omissions of Sotheby’s or the Seller.
                                                financial interest in a lot as a secured creditor    not expressly referred to in the catalogue or
                                                or otherwise.                                        condition report. Illustrations are for identifi-   5. BIDDING AT AUCTION
                                                                                                     cation purposes only and will not convey full
                                                                                                     information as to the actual condition of lots.     (a) Sotheby’s has absolute discretion to
                                                                                                                                                         refuse admission to the auction. Bidders
                                                                                                     (d) Information provided to Bidders in respect
                                                                                                     of any lot, including any estimate, whether

72 SOTHEBY’S 蘇富比
   69   70   71   72   73   74   75   76   77   78   79