Page 178 - September 21 2021 Important Japanese Art Christie's NYC

(i) Your only right under this authenticity warranty the due diligence. You will make such 4 WHAT HAPPENS IF YOU DO NOT PAY fees for doing so and you will be subject to wildlife material that could be confused with (c) In particular, please be aware that our written single or partial exercise of such right or remedy figure. The mid estimate is the midpoint between
is to cancel the sale and receive a refund of the documentation promptly available for (a) If you fail to pay us the purchase price in full the third party storage warehouse’s standard elephant ivory (for example, mammoth ivory, and telephone bidding services, Christie’s shall prevent or restrict the further exercise of that the two.
purchase price paid by you to us. We will not, immediate inspection by an independent by the due date, we will be entitled to do one terms and to pay for their standard fees and walrus ivory, helmeted hornbill ivory) you may LIVE™, condition reports, currency converter or any other right or remedy. hammer price: the amount of the highest bid the
under any circumstances, be required to pay you third-party auditor upon our written request or more of the following (as well as enforce our costs. be prevented from exporting the lot from the and saleroom video screens are free services auctioneer accepts for the sale of a lot.
more than the purchase price nor will we be to do so; rights under paragraph F5 and any other rights (iii) sell the lot in any commercially reasonable US or shipping it between US States without and we are not responsible to you for any error 9 LAW AND DISPUTES Heading: has the meaning given to it in paragraph
liable for any loss of profits or business, loss of (ii) the arrangements between you and the or remedies we have by law): way we think appropriate. first confirming its species by way of a rigorous (human or otherwise), omission or breakdown in This agreement, and any non-contractual E2.
opportunity or value, expected savings or interest, ultimate buyer(s) in relation to the lot or (i) we can charge interest from the due date at (d) The Storage conditions which can be found at scientific test acceptable to the applicable these services. obligations arising out of or in connection with lot: an item to be offered at auction (or two or more
costs, damages, other damages or expenses. otherwise do not, in whole or in part, facilitate a rate of up to 1.34% per month on the unpaid www.christies.com/storage will apply. Fish and Wildlife authorities. You will buy that (d) We have no responsibility to any person other this agreement, or any other rights you may have items to be offered at auction as a group).
(j) Books. Where the lot is a book, we give an tax crimes; amount due; (e) In accordance with New York law, if you have lot at your own risk and be responsible for than a buyer in connection with the purchase of relating to the purchase of a lot will be governed other damages: any special, consequential,
additional warranty for 21 days from the date (iii) you do not know, and have no reason to (ii) we can cancel the sale of the lot. If we do paid for the lot in full but you do not collect the any scientific test or other reports required for any lot. by the laws of New York. Before we or you start incidental or indirect damages of any kind or any
of the auction that any lot is defective in text or suspect, that the funds used for settlement this, we may sell the lot again, publically lot within 180 calendar days of payment, we may export from the USA or between US States (e) If, in spite of the terms in paragraphs I(a) to (d) or any court proceedings (except in the limited damages which fall within the meaning of ‘special’,
illustration, we will refund your purchase price, are connected with, the proceeds of any or privately on such terms we shall think charge you New York sales tax for the lot. at your own cost. We will not be obliged to E2(i) above, we are found to be liable to you for circumstances where the dispute, controversy or ‘incidental’ or ‘consequential’ under local law.
subject to the following terms: criminal activity, including tax evasion, or that necessary or appropriate, in which case (f) Nothing in this paragraph is intended to limit our cancel your purchase and refund the purchase any reason, we shall not have to pay more than claim is related to proceedings brought by someone purchase price: has the meaning given to it in
(a) This additional warranty does not apply to: the ultimate buyer(s) are under investigation, you must pay us any shortfall between the rights under paragraph F4. price if your lot may not be exported, imported the purchase price paid by you to us. We will not else and this dispute could be joined to those paragraph F1(a).
(i) the absence of blanks, half titles, tissue or have been charged with or convicted of purchase price and the proceeds from the or shipped between US States, or it is seized be responsible to you for any reason for loss of proceedings), we agree we will each try to settle provenance: the ownership history of a lot.
guards or advertisements, damage in money laundering, terrorist activities or other resale. You must also pay all costs, expenses, H TRANSPORT AND SHIPPING for any reason by a government authority. It profits or business, loss of opportunity or value, the dispute by mediation submitted to JAMS, or its qualified: has the meaning given to it in paragraph
respect of bindings, stains, spotting, crimes. losses, damages and legal fees we have to pay 1 SHIPPING is your responsibility to determine and satisfy expected savings or interest, costs, damages, or successor, for mediation in New York. If the Dispute E2 and Qualified Headings means the paragraph
marginal tears or other defects not affecting or may suffer and any shortfall in the seller’s We would be happy to assist in making shipping the requirements of any applicable laws or expenses. is not settled by mediation within 60 days from the headed Qualified Headings on the page of
completeness of the text or illustration; F PAYMENT commission on the resale; arrangements on request. You must make all regulations relating to interstate shipping, export date when mediation is initiated, then the Dispute the catalogue headed ‘Important Notices and
(ii) drawings, autographs, letters or 1 HOW TO PAY (iii) we can pay the seller an amount up to the transport and shipping arrangements. However, or import of property containing such protected J OTHER TERMS shall be submitted to JAMS, or its successor, Explanation of Cataloguing Practice’.
manuscripts, signed photographs, music, (a) Immediately following the auction, you must pay net proceeds payable in respect of the we can arrange to pack, transport, and ship your or regulated material. 1 OUR ABILITY TO CANCEL for final and binding arbitration in accordance reserve: the confidential amount below which we
atlases, maps or periodicals; the purchase price being: amount bid by your default in which case you property if you ask us to and pay the costs of doing (e) Lots of Iranian origin In addition to the other rights of cancellation with its Comprehensive Arbitration Rules and will not sell a lot.
(iii) books not identified by title; (i) the hammer price; and acknowledge and understand that Christie’s so. We recommend that you ask us for an estimate, Some countries prohibit or restrict the purchase, contained in this agreement, we can cancel a sale Procedures or, if the Dispute involves a non-U.S. saleroom notice: a written notice posted next to
(iv) lots sold without a printed estimate; (ii) the buyer’s premium; and will have all of the rights of the seller to especially for any large items or items of high the export and/or import of Iranian-origin of a lot if : (i) any of your warranties in paragraph party, the JAMS International Arbitration Rules. the lot in the saleroom and on www.christies.com,
(v) books which are described in the catalogue (iii) any applicable duties, goods, sales, use, pursue you for such amounts; value that need professional packing. We may also “works of conventional craftsmanship” (works E3 are not correct; (ii) we reasonably believe that The seat of the arbitration shall be New York and which is also read to prospective telephone bidders
as sold not subject to return; or compensating or service tax, or VAT. (iv) we can hold you legally responsible for suggest other handlers, packers, transporters, or that are not by a recognized artist and/or that completing the transaction is, the arbitration shall be conducted by one arbitrator, and notified to clients who have left commission
(vi) defects stated in any condition report or Payment is due no later than by the end of the 7th the purchase price and may begin legal experts if you ask us to do so. For more information, have a function, (for example: carpets, bowls, or may be, unlawful; or (iii) we reasonably believe who shall be appointed within 30 days after the bids, or an announcement made by the auctioneer
announced at the time of sale. calendar day following the date of the auction (the proceedings to recover it together with other please contact Christie’s Post-Sale Services at ewers, tiles, ornamental boxes). For example, that the sale places us or the seller under any initiation of the arbitration. The language used either at the beginning of the sale, or before a
(b) To make a claim under this paragraph you “due date”). losses, interest, legal fees and costs as far as +1 212 636 2650. See the information set out at the USA prohibits the import and export of this liability to anyone else or may damage our in the arbitral proceedings shall be English. The particular lot
must give written details of the defect and (b) We will only accept payment from the registered we are allowed by law; https://www.christies.com/buying-services/ type of property without a license issued by reputation. arbitrator shall order the production of documents is auctioned.
return the lot to the sale room at which you bidder. Once issued, we cannot change the buyer’s (v) we can take what you owe us from any buying-guide/ship/ or contact us at PostSaleUS@ the US Department of the Treasury, Office of only upon a showing that such documents are Subheading: has the meaning given to it in
bought it in the same condition as at the name on an invoice or re-issue the invoice in a amounts which we or any company in the christies.com. We will take reasonable care when Foreign Assets Control. Other countries, such as 2 RECORDINGS relevant and material to the outcome of the Dispute. paragraph E2.
time of sale, within 21 days of the date of the different name. You must pay immediately even if Christie’s Group may owe you (including any we are handling, packing, transporting, and Canada, only permit the import of this property We may videotape and record proceedings at any The arbitration shall be confidential, except to the UPPER CASE type: means having all capital letters.
sale. you want to export the lot and you need an export deposit or other part-payment which you have shipping a. However, if we recommend another in certain circumstances. As a convenience to auction. We will keep any personal information extent necessary to enforce a judgment or where warranty: a statement or representation in which
(k) South East Asian Modern and Contemporary licence. paid to us); company for any of these purposes, we are not buyers, Christie’s indicates under the title of a confidential, except to the extent disclosure is disclosure is required by law. The arbitration the person making it guarantees that the facts set
Art and Chinese Calligraphy and Painting. In (c) You must pay for lots bought at Christie’s in (vi) we can, at our option, reveal your identity and responsible for their acts, failure to act, or neglect. lot if the lot originates from Iran (Persia). It is required by law. However, we may, through this award shall be final and binding on all parties out in it are correct.
these categories, the authenticity warranty the United States in the currency stated on the contact details to the seller; your responsibility to ensure you do not bid on or process, use or share these recordings with another involved. Judgment upon the award may be
does not apply because current scholarship does invoice in one of the following ways: (vii) we can reject at any future auction any bids 2 EXPORT AND IMPORT import a lot in contravention of the sanctions or Christie’s Group company and marketing partners entered by any court having jurisdiction thereof
not permit the making of definitive statements. (i) Wire transfer made by or on behalf of the buyer or to obtain Any lot sold at auction may be affected by laws trade embargoes that apply to you. to analyse our customers and to help us to tailor or having jurisdiction over the relevant party or
Christie’s does, however, agree to cancel a sale JP Morgan Chase Bank, N.A., a deposit from the buyer before accepting any on exports from the country in which it is sold (f) Gold our services for buyers. If you do not want to be its assets. This arbitration and any proceedings
in either of these two categories of art where it 270 Park Avenue, New York, NY 10017; bids; and the import restrictions of other countries. Gold of less than 18ct does not qualify in all videotaped, you may make arrangements to make a conducted hereunder shall be governed by Title 9
has been proven the lot is a forgery. Christie’s ABA# 021000021; FBO: Christie’s Inc.; (viii) we can exercise all the rights and remedies Many countries require a declaration of export countries as ‘gold’ and may be refused import telephone or written bid or bid on Christie’s LIVE™ (Arbitration) of the United States Code and by the
will refund to the original buyer the purchase Account # 957-107978, of a person holding security over any for property leaving the country and/or an import into those countries as ‘gold’. instead. Unless we agree otherwise in writing, you United Nations Convention on the Recognition and
price in accordance with the terms of Christie’s for international transfers, SWIFT: property in our possession owned by you, declaration on entry of property into the country. (g) Watches may not videotape or record proceedings at any Enforcement of Foreign Arbitral Awards of June
Authenticity Warranty, provided that the original CHASUS33. whether by way of pledge, security interest Local laws may prevent you from importing a lot Many of the watches offered for sale in this auction. 10, 1958.
buyer notifies us with full supporting evidence (ii) Credit Card. or in any other way as permitted by the law or may prevent you selling a lot in the country you catalogue are pictured with straps made of
documenting the forgery claim within twelve (12) We accept Visa, MasterCard, American of the place where such property is located. import it into. endangered or protected animal materials such as 3 COPYRIGHT 10 REPORTING ON
months of the date of the auction. Such evidence Express and China Union Pay. Credit card You will be deemed to have granted such (a) You alone are responsible for getting advice about alligator or crocodile. These lots are marked with We own the copyright in all images, illustrations WWW.CHRISTIES.COM
must be satisfactory to us that the property is a payments at the New York premises will only security to us and we may retain such and meeting the requirements of any laws or the symbol Ψ in the catalogue. These endangered and written material produced by or for us relating Details of all lots sold by us, including catalogue
forgery in accordance with paragraph E2(h)(ii) be accepted for New York sales. Christie’s property as collateral security for your regulations which apply to exporting or importing species straps are shown for display purposes to a lot (including the contents of our catalogues descriptions and prices, may be reported on
above and the property must be returned to us will not accept credit card payments for obligations to us; and any lot prior to bidding. If you are refused a only and are not for sale. Christie’s will remove and unless otherwise noted in the catalogue). You www.christies.com. Sales totals are hammer price
in accordance with E2h(iii) above. Paragraphs purchases in any other sale site. (ix) we can take any other action we see licence or there is a delay in getting one, you must retain the strap prior to shipment from the sale site. cannot use them without our prior written plus buyer’s premium and do not reflect costs,
E2(b), (c), (d), (e), (f) and (g) and (i) also apply to a (iii) Cash necessary or appropriate. still pay us in full for the lot. We may be able to At some sale sites, Christie’s may, at its discretion, permission. We do not offer any guarantee that you financing fees, or application of buyer’s or seller’s
claim under these categories. We accept cash payments (including money (b) If you owe money to us or to another Christie’s help you apply for the appropriate licences if you make the displayed endangered species strap will gain any copyright or other reproduction rights credits. We regret that we cannot agree to requests
(l) Chinese, Japanese and Korean artefacts orders and traveller’s checks) subject to a Group company, we can use any amount you do ask us to and pay our fee for doing so. However, available to the buyer of the lot free of charge if to the lot. to remove these details from www.christies.com.
(excluding Chinese, Japanese and Korean maximum global aggregate of US$7,500 pay, including any deposit or other part-payment we cannot guarantee that you will get one. For collected in person from the sale site within 1 year
calligraphy, paintings, prints, drawings and per buyer. you have made to us, or which we owe you, to more information, please contact Christie’s of the date of the auction. Please check with the 4 ENFORCING THIS AGREEMENT K GLOSSARY
jewellery). In these categories, paragraph E2 (iv) Bank Checks pay off any amount you owe to us or another Post-Sale Services Department at +1 212 636 department for details on a particular lot. If a court finds that any part of this agreement is not auctioneer: the individual auctioneer and/or
(b) – (e) above shall be amended so that where You must make these payable to Christie’s Christie’s Group company for any transaction. 2650 and PostSaleUS@christies.com. See the valid or is illegal or impossible to enforce, that part Christie’s.
no maker or artist is identified, the authenticity Inc. and there may be conditions. Once we information set out at https://www.christies. For all symbols and other markings referred to in of the agreement will be treated as being deleted authentic: authentic : a genuine example, rather
warranty is given not only for the Heading but have deposited your check, property cannot 5 KEEPING YOUR PROPERTY com/buying-services/buying-guide/ship/ or paragraph H2, please note that lots are marked as a and the rest of this agreement will not be affected. than a copy or forgery of:
also for information regarding date or period be released until five business days have If you owe money to us or to another Christie’s contact us at PostSaleUS@christies.com. convenience to you, but we do not accept liability for (i) the work of a particular artist, author or
shown in UPPERCASE type in the second line of passed. Group company, as well as the rights set out in F4 (b) You alone are responsible for any applicable errors or for failing to mark lots. 5 TRANSFERRING YOUR RIGHTS manufacturer, if the lot is described in the
the catalogue description (the “Subheading”). (v) Checks above, we can use or deal with any of your property taxes,tariffs or other government-imposed AND RESPONSIBILITIES Heading as the work of that artist, author
Accordingly, all references to the Heading You must make checks payable to Christie’s we hold or which is held by another Christie’s charges relating to the export or import of the I OUR LIABILITY TO YOU You may not grant a security over or transfer your or manufacturer;
in paragraph E2 (b) – (e) above shall be read Inc. and they must be drawn from US dollar Group company in any way we are allowed to lot. If Christie’s exports or imports the lot on your (a) We give no warranty in relation to any statement rights or responsibilities under these terms on the (ii) a work created within a particular period or
as references to both the Heading and the accounts from a US bank. by law. We will only release your property to you behalf, and if Christie’s pays these applicable made, or information given, by us or our contract of sale with the buyer unless we have given culture, if the lot is described in the Heading
Subheading. (d) You must quote the sale number, your invoice after you pay us or the relevant Christie’s Group taxes, tariffs or other government-imposed representatives or employees, about any lot other our written permission. This agreement will be as a work created during that period or
number and client number when making a company in full for what you owe. However, if we charges, you agree to refund that amount to than as set out in the authenticity warranty and, binding on your successors or estate and anyone culture;
3 NO IMPLIED WARRANTIES payment. All payments sent by post must be choose, we can also sell your property in any way we Christie’s. as far as we are allowed by law, all warranties who takes over your rights and responsibilities. (iii) a work for a particular origin source if the lot
EXCEPT AS SET FORTH IN PARAGRAPHS E1 AND E2 ABOVE, sent to: think appropriate. We will use the proceeds of the (c) Endangered and protected species and other terms which may be added to this is described in the Heading as being of that
NEITHER THE SELLER NOR THE CHRISTIE’S GROUP MAKE Christie’s Inc. Post-Sale Services, sale against any amounts you owe us and we will Lots made of or including (regardless of the agreement by law are excluded. The seller’s 6 TRANSLATIONS origin or source; or
ANY OTHER WARRANTY, EXPRESS OR IMPLIED, ORAL OR 20 Rockefeller Center, New York, NY 10020. pay any amount left from that sale to you. If there is percentage) endangered and other protected warranties contained in paragraph E1 are their If we have provided a translation of this agreement, (iv) in the case of gems, a work which is made of
WRITTEN, WITH RESPECT TO THE LOT, INCLUDING THE (e) For more information please contact our Post- a shortfall, you must pay us any difference between species of wildlife are marked with the symbol ~ own and we do not have any liability to you in we will use this original version in deciding a particular material, if the lot is described in
IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS Sale Services by phone at +1 212 636 2650 or the amount we have received from the sale and the in the catalogue. This material includes, among relation to those warranties. any issues or disputes which arise under this the Heading as being made of that material.
FOR A PARTICULAR PURPOSE, EACH OF WHICH IS fax at +1 212 636 4939 or email PostSaleUS@ amount you owe us. other things, ivory, tortoiseshell, crocodile skin, (b) (i) We are not responsible to you for any reason agreement. authenticity warranty: the guarantee we give in
SPECIFICALLY DISCLAIMED. christies.com. rhinoceros horn, whalebone certain species (whether for breaking this agreement or any this agreement that a lot is authentic as set out in
G COLLECTION AND STORAGE of coral, and Brazilian rosewood. You should other matter relating to your purchase of, or 7 PERSONAL INFORMATION paragraph E2 of this agreement.
4 YOUR WARRANTIES 2 TRANSFERRING OWNERSHIP TO YOU (a) You must collect purchased lots within seven check the relevant customs laws and regulations bid for, any lot) other than in the event of fraud We will hold and process your personal information buyer’s premium: the charge the buyer pays us
(a) You warrant that the funds used for settlement You will not own the lot and ownership of the lot days from the auction (but note that lots will not before bidding on any lot containing wildlife or fraudulent misrepresentation by us or other and may pass it to another Christie’s Group along with the hammer price.
are not connected with any criminal activity, will not pass to you until we have received full be released to you until you have made full and material if you plan to import the lot into another than as expressly set out in these conditions company for use as described in, and in line with, catalogue description: the description of a lot in
including tax evasion, and you are neither under and clear payment of the purchase price, even in clear payment of all amounts due to us). country. Several countries refuse to allow you of sale; or our privacy notice at www.christies.com/about- the catalogue for the auction, as amended by any
investigation, nor have you been charged with circumstances where we have released the lot to (b) Information on collecting lots is set out on to import property containing these materials, (ii) give any representation, warranty or us/contact/privacy and if you are a resident of saleroom notice.
or convicted of money laundering, terrorist you. the storage and collection page and on an and some other countries require a licence from guarantee or assume any liability of any California you can see a copy of our California Christie’s Group: Christie’s International Plc,
activities or other crimes. information sheet which you can get from the the relevant regulatory agencies in the countries kind in respect of any lot with regard to its subsidiaries and other companies within its
(b) where you are bidding on behalf of another 3 TRANSFERRING RISK TO YOU bidder registration staff or Christie’s Post-Sale of exportation as well as importation. In some merchantability, fitness for a particular Consumer Privacy Act statement at www.christies. corporate group.
com/about-us/contact/ccpa.
person, you warrant that: The risk in and responsibility for the lot will transfer Services Department on +1 212 636 2650. cases, the lot can only be shipped with an purpose, description, size, quality, condition, condition: the physical condition of a lot.
(i) you have conducted appropriate customer to you from whichever is the earlier of the following: (c) If you do not collect any lot within thirty days independent scientific confirmation of species attribution, authenticity, rarity, importance, 8 WAIVER due date: has the meaning given to it paragraph
due diligence on the ultimate buyer(s) of (a) When you collect the lot; or following the auction we may, at our option and/or age, and you will need to obtain these at medium, provenance, exhibition history, No failure or delay to exercise any right or remedy F1(a).
the lot(s) in accordance with all applicable (b) At the end of the 30th day following the date of (i) charge you storage costs at the rates set out at your own cost. literature, or historical relevance. Except as provided under these Conditions of Sale shall estimate: the price range included in the catalogue
anti-money laundering and sanctions laws, the auction or, if earlier, the date the lot is taken www.christies.com/storage. (d) Lots containing Ivory or materials required by local law, any warranty of any kind constitute a waiver of that or any other right or or any saleroom notice within which we believe a
consent to us relying on this due diligence, into care by a third party warehouse as set out (ii) move the lot to another Christie’s location resembling ivory is excluded by this paragraph. lot may sell. Low estimate means the lower figure
and you will retain for a period of not less on the page headed ‘Storage and Collection’, or an affiliate or third party warehouse and If a lot contains elephant ivory, or any other remedy, nor shall it prevent or restrict the further in the range and high estimate means the higher 17/02/2021
exercise of that or any other right or remedy. No
than 5 years the documentation evidencing unless we have agreed otherwise with you. charge you transport costs and administration