Page 156 - September 11 2018 Junkunc Collection Sculpture
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3.#Buyer’s Premium"A buyer’s premium   7.#Online Bids via BIDnow or other Online   Unless otherwise agreed by Sotheby’s,
             CONDITIONS OF SALE
                                       will be added to the hammer price and is   Platforms: Sotheby’s may o" er clients   all property must be removed from our
                                       payable by the purchaser as part of the   the opportunity to bid online via BIDnow,   premises by the purchaser at his expense
             The following Conditions of Sale and Terms
                                       total purchase price. The buyer’s premium   eBay, Invaluable or other Online Platforms   not later than 30 calendar days following
             of Guarantee are Sotheby’s, Inc. and the
             Consignor’s entire agreement with the   is 25% of the hammer price up to and   for selected sales.  By participating in a   its sale. Purchasers are reminded that
             purchaser and any bidders relative to the   including $300,000, 20% of any amount   sale via any of these Online Platforms, you   Sotheby’s liability for loss of or damage to
             property listed in this catalogue.   in excess of $300,000 up to and including   acknowledge that you are bound by these   sold property shall cease upon the earlier
               The Conditions of Sale, Terms of   $4,000,000, and 12.9% of any amount in   Conditions of Sale as well as the Additional   of (a) 30 calendar days after the date of the
             Guarantee, the glossary, if any, and all other
                                       excess of $4,000,000.      Terms and Conditions for Live Online   auction and (b) our release of the property
             contents of this catalogue are subject to
             amendment by us by the posting of notices            Bidding (“Online Terms”). By participating   to the purchaser or the purchaser’s
             or by oral announcements made during the   4.#Withdrawal"We reserve the right to   in a sale via any Online Platform, Bidders   designated agent. Upon the expiration
             sale. The property will be o! ered by us as   withdraw any property before the sale and   accept the Online Terms, as well as the   of such 30 calendar day period or upon
             agent for the Consignor, unless the catalogue   shall have no liability whatsoever for such   relevant Conditions of Sale. Online bidding   such earlier release, as applicable: (i) the
             indicates otherwise.
                                       withdrawal.                may not be available for Premium Lots.   purchaser bears full liability for any and all
               By partici pating in any sale, you
             acknowledge that you are bound by these                                        loss of or damage to the property; (ii) the
             terms and conditions.     5.#Per Lot"Unless otherwise announced   8.#Bids Below Reserve"If the auctioneer   purchaser releases Sotheby’s, its a!  liates,
                                       by the auctioneer, all bids are per lot as   deter mines that any opening bid is below   agents and warehouses from any and all
             1.#As Is#Goods auctioned are often   numbered in the catalogue.  the reserve of the article o" ered, he may   liability and claims for loss of or damage
             of some age. The authenticity of the                 reject the same and withdraw the article   to the property; and (iii) the purchaser
             Authorship (as deÞ ned below) of property   6.#Bidding"We reserve the right to reject   from sale, and if, having acknowledged   agrees to indemnify and hold Sotheby’s, its
             listed in the catalogue is guaranteed as   any bid. The highest bidder acknowledged   an opening bid, he deter mines that any   a!  liates, agents and warehouses harmless
             stated in the Terms of Guarantee and   by the auctioneer will be the purchaser. The   advance thereafter is insu!  cient, he may   from and against any and all liability for loss
             except for the Limited Warranty contained   auctioneer has absolute and sole discretion   reject the advance.  of or damage to property and any all claims
             therein, all property is sold “AS IS” without   in the case of error or dispute with respect   related to loss of or damage to the property
             any representations or warranties by us or   to bidding, and whether during or after the   9.#Purchaser’s Responsibility"Subject   as of and from and after the time Sotheby’s
             the Consignor as to merchantability, Þ tness   sale, to determine the successful bidder, to   to fulÞ ll ment of all of the conditions set   liability for loss or damage to the property
             for a particular purpose, the correctness   re-open the bidding, to cancel the sale or   forth herein, on the fall of the auctioneer’s   ceases in accordance with this  paragraph.
             of the catalogue or other description of   to re-o" er and re-sell the item in dispute. If   hammer, the contract between the   If any applicable conditions herein are
             the physical condition, size, quality, rarity,   any dispute arises after the sale, our sale   consignor and the purchaser is concluded,   not complied with by the purchaser, the
             importance, medium, frame, provenance,   record is conclusive. In our discretion we   and the winning bidder thereupon will   purchaser will be in default and in addition
             exhibitions, literature or historical relevance   will execute order or absentee bids and   immediately pay the full purchase price   to any and all other remedies available to
             of any property and no statement   accept telephone bids and online bids via   or such part as we may require. Title in a   us and the Consignor by law, including,
             anywhere, whether oral or written, whether   BIDnow, eBay, Invaluable or other online   purchased lot will not pass until Sotheby’s   without limitation, the right to hold the
             made in the catalogue, an advertisement,   platforms as a convenience to clients who   has received the full purchase price in   purchaser liable for the total purchase
             a bill of sale, a salesroom posting or   are not present at auctions; Sotheby’s is   cleared funds. The purchaser’s obligation   price, including all fees, charges and
             announcement, or elsewhere, shall be   not responsible for any errors or omissions   to immediately pay the full purchase price   expenses more fully set forth herein, we, at
             deemed such a warranty, representation   in connection there with. Prospective   or such part as we may require is absolute   our option, may (x) cancel the sale of that,
             or assumption of liability. We and the   bidders should also consult sothebys.com   and unconditional and is not subject to any   or any other lot or lots sold to the defaulting
             Consignor make no representations   for the most up to date cataloguing of the   defenses, seto" s or counterclaims of any   purchaser at the same or any other
             and warranties, express or implied, as   property in this catalogue.  kind whatsoever. Sotheby’s is not obligated   auction, retaining as liquidated damages
             to whether the purchaser acquires any   By participating in the sale, you represent   to release a lot to the purchaser until title to   all payments made by the purchaser, or
             copyrights, including but not limited to,   and warrant that any bids placed by you,   the lot has passed and any earlier release   (y) resell the purchased property, whether
             any reproduction rights in any property.   or on your behalf, are not the product of   does not a" ect the passing of title or the   at public auction or by private sale, or (z)
             We and the Consignor are not responsible   any collusive or other anti-competitive   purchaser’s unconditional obligation to pay   e" ect any combination thereof. In any
             for errors and omissions in the catalogue,   agreement and are otherwise consistent   the full purchase price. In addition to other   case, the purchaser will be liable for any
             glossary, or any supplemental material.   with federal and state antitrust law.  remedies available to us by law, we reserve   deÞ ciency, any and all costs, handling
             Sotheby’s will not be responsible or liable   In order to bid on “Premium Lots” you   the right to impose from the date of sale a   charges, late charges, expenses of both
             for damage to frames and glass coverings,   must complete the required Premium Lot   late charge of the annual percentage rate   sales, our com missions on both sales at
             regardless of the cause.  pre-registra tion application. Sotheby’s   of Prime + 6% of the total purchase price   our regular rates, legal fees and expenses,
                                       decision whether to accept any pre-  if payment is not made in accordance with   collection fees and incidental damages.
             2.#Inspection"Prospective bidders should   registration application shall be Þ nal. You   the conditions set forth herein. Please note   We may, in our sole discretion, apply any
             inspect the property before bidding to   must arrange for Sotheby’s to receive   Sotheby’s reserves the right to refuse to   proceeds of sale then due or thereafter
             determine its condition, size, and whether   your pre-registration application at least   accept payment from a source other than   becoming due to the purchaser from us
             or not it has been repaired or restored.  three working days before the sale. Please   the buyer of record.  or any a!  liated company, or any payment
                                       bear in mind that we are unable to obtain            made by the purchaser to us or any
                                       Þ nancial references over weekends or
                                       public holidays.
                                         Sotheby’s may require such necessary
                                       Þ nancial references, guarantees, deposits
                                       and/or such other security, in its absolute
                                       discretion, as security for your bid(s).
















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