Page 116 - Robert Youngman Collection Of Chinese Jade March 2019 Sotheby's

auctioneer has absolute and sole discretion kind whatsoever. Sotheby’s is not obligated money of or owing to such purchaser in
CONDITIONS OF SALE in the case of error or dispute with respect to release a lot to the purchaser until title to our possession, custody or control or in
to bidding, and whether during or after the the lot has passed and any earlier release the possession, custody or control of any
The following Conditions of Sale and Terms sale, to determine the successful bidder, to does not affect the passing of title or the of our affiliated companies, in each case
of Guarantee are Sotheby’s, Inc. and the re-open the bidding, to cancel the sale or purchaser’s unconditional obligation to pay whether at the time of the auction, the
Consignor’s entire agreement with the to re-offer and re-sell the item in dispute. If the full purchase price. In addition to other default or if acquired at any time thereafter,
purchaser and any bidders relative to the any dispute arises after the sale, our sale remedies available to us by law, we reserve and we may retain and apply such property
property listed in this catalogue. record is conclusive. In our discretion we the right to impose from the date of sale a or money as collateral security for the
The Conditions of Sale, Terms of will execute order or absentee bids and late charge of the annual percentage rate obligations due to us or to any affiliated
Guarantee, the glossary, if any, and all other accept telephone bids and online bids via of Prime + 6% of the total purchase price company of ours. We shall have all of the
contents of this catalogue are subject to BIDnow, eBay, Invaluable or other online if payment is not made in accordance with rights accorded a secured party under
amendment by us by the posting of notices platforms as a convenience to clients who the conditions set forth herein. Please note the New York Uniform Commercial Code.
or by oral announcements made during are not present at auctions; Sotheby’s is Sotheby’s reserves the right to refuse to You hereby agree that Sotheby’s may file
the sale. The property will be offered by not responsible for any errors or omissions accept payment from a source other than financing statements under the New York
us as agent for the Consignor, unless the in connection there with. Prospective the buyer of record. Uniform Commercial Code without your
catalogue indicates otherwise. bidders should also consult sothebys.com Unless otherwise agreed by Sotheby’s, signature. Payment will not be deemed
By partici pating in any sale, you for the most up to date cataloguing of the all property must be removed from our to have been made in full until we have
acknowledge that you are bound by these property in this catalogue. premises by the purchaser at his expense collected good funds. Any claims relating
terms and conditions. By participating in the sale, you represent not later than 30 calendar days following to any purchase, including any claims
and warrant that any bids placed by you, its sale. Purchasers are reminded that under the Conditions of Sale or Terms of
1. As Is Goods auctioned are often or on your behalf, are not the product of Sotheby’s liability for loss of or damage to Guarantee, must be presented directly
of some age. The authenticity of the any collusive or other anti-competitive sold property shall cease upon the earlier to Sotheby’s. In the event the purchaser
Authorship (as defined below) of property agreement and are otherwise consistent of (a) 30 calendar days after the date of the fails to pay any or all of the total purchase
listed in the catalogue is guaranteed as with federal and state antitrust law. auction and (b) our release of the property price for any lot and Sotheby’s nonetheless
stated in the Terms of Guarantee and In order to bid on “Premium Lots” you to the purchaser or the purchaser’s elects to pay the Consignor any portion
except for the Limited Warranty contained must complete the required Premium Lot designated agent. Upon the expiration of the sale proceeds, the purchaser
therein, all property is sold “AS IS” without pre-registra tion application. Sotheby’s of such 30 calendar day period or upon acknowledges that Sotheby’s shall have
any representations or warranties by us or decision whether to accept any pre- such earlier release, as applicable: (i) the all of the rights of the Consignor to pursue
the Consignor as to merchantability, fitness registration application shall be final. You purchaser bears full liability for any and all the purchaser for any amounts paid to the
for a particular purpose, the correctness must arrange for Sotheby’s to receive loss of or damage to the property; (ii) the Consignor, whether at law, in equity, or
of the catalogue or other description of your pre-registration application at least purchaser releases Sotheby’s, its affiliates, under these Conditions of Sale.
the physical condition, size, quality, rarity, three working days before the sale. Please agents and warehouses from any and all
importance, medium, frame, provenance, bear in mind that we are unable to obtain liability and claims for loss of or damage 10. Reserve All lots in this catalogue are
exhibitions, literature or historical relevance financial references over weekends or to the property; and (iii) the purchaser offered subject to a reserve, which is the
of any property and no statement public holidays. agrees to indemnify and hold Sotheby’s, its confidential minimum hammer price at
anywhere, whether oral or written, whether Sotheby’s may require such necessary affiliates, agents and warehouses harmless which a lot will be sold. No reserve will
made in the catalogue, an advertisement, financial references, guarantees, deposits from and against any and all liability for exceed the low presale estimate stated
a bill of sale, a salesroom posting or and/or such other security, in its absolute loss of or damage to property and any in the catalogue, or as amended by oral
announcement, or elsewhere, shall be discretion, as security for your bid(s). all claims related to loss of or damage to or posted notices. We may implement
deemed such a warranty, representation the property as of and from and after the such reserve by opening the bidding on
or assumption of liability. We and the 7. Online Bids via BIDnow or other Online time Sotheby’s liability for loss or damage behalf of the Consignor and may bid up
Consignor make no representations Platforms: Sotheby’s may offer clients to the property ceases in accordance to the amount of the reserve, by placing
and warranties, express or implied, as the opportunity to bid online via BIDnow, with this paragraph. If any applicable successive or consecutive bids for a lot,
to whether the purchaser acquires any eBay, Invaluable or other Online Platforms conditions herein are not complied with or bids in response to other bidders. In
copyrights, including but not limited to, for selected sales. By participating in a by the purchaser, the purchaser will be in instances where we have an interest in the
any reproduction rights in any property. sale via any of these Online Platforms, you default and in addition to any and all other lot other than our commission, we may bid
We and the Consignor are not responsible acknowledge that you are bound by these remedies available to us and the Consignor up to the reserve to protect such interest.
for errors and omissions in the catalogue, Conditions of Sale as well as the Additional by law, including, without limitation, the In certain instances, the Consignor may
glossary, or any supplemental material. Terms and Conditions for Live Online right to hold the purchaser liable for the pay us less than the standard commission
Sotheby’s will not be responsible or liable Bidding (“Online Terms”). By participating total purchase price, including all fees, rate where a lot is “bought-in” to protect
for damage to frames and glass coverings, in a sale via any Online Platform, Bidders charges and expenses more fully set forth its reserve.
regardless of the cause. accept the Online Terms, as well as the herein, we, at our option, may (x) cancel
relevant Conditions of Sale. Online bidding the sale of that, or any other lot or lots 11. Tax Unless exempted by law, the
2. Inspection Prospective bidders should may not be available for Premium Lots. sold to the defaulting purchaser at the purchaser will be required to pay the
inspect the property before bidding to same or any other auction, retaining as combined New York State and local sales
determine its condition, size, and whether 8. Bids Below Reserve If the auctioneer liquidated damages all payments made by tax, any applicable compensating use tax
or not it has been repaired or restored. deter mines that any opening bid is below the purchaser, or (y) resell the purchased of another state, and if applicable, any
the reserve of the article offered, he may property, whether at public auction or by federal luxury or other tax, on the total
3. Buyer’s Premium A buyer’s premium reject the same and withdraw the article private sale, or (z) effect any combination purchase price. The rate of such combined
will be added to the hammer price and is from sale, and if, having acknowledged thereof. In any case, the purchaser will tax is 8.875% in New York City and ranges
payable by the purchaser as part of the an opening bid, he deter mines that any be liable for any deficiency, any and all from 7% to 8.625% elsewhere in New York.
total purchase price. The buyer’s premium advance thereafter is insufficient, he may costs, handling charges, late charges,
is 25% of the hammer price up to and reject the advance. expenses of both sales, our com missions 12. Export and Permits It is the
including $400,000, 20% of any amount on both sales at our regular rates, legal purchaser’s sole responsibility to identify
in excess of $400,000 up to and including 9. Purchaser’s Responsibility Subject fees and expenses, collection fees and and obtain any necessary export,
$4,000,000, and 13.9% of any amount in to fulfill ment of all of the conditions set incidental damages. We may, in our sole import, firearm, endangered species or
excess of $4,000,000. forth herein, on the fall of the auctioneer’s discretion, apply any proceeds of sale other permit for the lot. Any symbols
hammer, the contract between the then due or thereafter becoming due to or notices in the sale catalogue reflect
4. Withdrawal We reserve the right to consignor and the purchaser is concluded, the purchaser from us or any affiliated Sotheby’s reasonable opinion at the
withdraw any property before the sale and and the winning bidder thereupon will company, or any payment made by the time of cataloguing and are for bidders’
shall have no liability whatsoever for such immediately pay the full purchase price purchaser to us or any affiliated company, general guidance only; Sotheby’s and the
withdrawal. or such part as we may require. Title in a whether or not intended to reduce the Consignor make no representations or
purchased lot will not pass until Sotheby’s purchaser’s obligations with respect to warranties as to whether any lot is or is not
5. Per Lot Unless otherwise announced has received the full purchase price in the unpaid lot or lots, to the deficiency subject to export or import restrictions or
by the auctioneer, all bids are per lot as cleared funds. The purchaser’s obligation and any other amounts due to us or any embargoes.
numbered in the catalogue. to immediately pay the full purchase price any affiliated companies. In addition, a
or such part as we may require is absolute defaulting purchaser will be deemed to 13. Governing Law and Jurisdiction These
6. Bidding We reserve the right to reject and unconditional and is not subject to any have granted and assigned to us and our Conditions of Sale and Terms of Guarantee,
affiliated companies, a continuing security
any bid. The highest bidder acknowledged defenses, setoffs or counterclaims of any interest of first priority in any property or as well as bidders’, the purchaser’s and
by the auctioneer will be the purchaser. The
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