Page 140 - Christie's Chinese Snuff Bottled the Holden Collection March 24, 2022

D THE BUYER’S PREMIUM AND TAXES (c) The authenticity warranty does not apply twelve (12) months of the date of the auction. (iv) Bank Checks
1 THE BUYER’S PREMIUM to any Heading or part of a Heading which Such evidence must be satisfactory to us that You must make these payable to Christie’s
In addition to the hammer price, the successful is qualified. Qualified means limited by a the property is a forgery in accordance with Inc. and there may be conditions. Once we
bidder agrees to pay us a buyer’s premium on clarification in a lot’s catalogue description paragraph E2(h)(ii) above and the property have deposited your check, property cannot
must be returned to us in accordance with
be released until five business days have
or by the use in a Heading of one of the terms
the hammer price of each lot sold. On all lots
we charge 26% of the hammer price up to and listed in the section titled Qualified Headings E2h(iii) above. Paragraphs E2(b), (c), (d), (e), (f) passed.
on the page of the catalogue headed “Important
and (g) and (i) also apply to a claim under these
including US$1,000,000, 20% on that part of the (v) Checks
hammer price over US$1,000,000 and up to and Notices and Explanation of Cataloguing categories. You must make checks payable to Christie’s
Practice”. For example, use of the term
including US$6,000,000, and 14.5% of that part of (l) Chinese, Japanese and Korean artefacts Inc. and they must be drawn from US dollar
the hammer price above US$6,000,000. “ATTRIBUTED TO…” in a Heading means that (excluding Chinese, Japanese and Korean accounts from a US bank.
the lot is in Christie’s opinion probably a work calligraphy, paintings, prints, drawings and (d) You must quote the sale number, your invoice
2 TAXES by the named artist but no warranty is provided jewellery). number and client number when making a
The successful bidder is responsible for any that the lot is the work of the named artist. In these categories, paragraph E2 (b) – (e) above payment. All payments sent by post must be sent
applicable taxes including any sales or use tax or Please read the full list of Qualified Headings shall be amended so that where no maker or to:
equivalent tax wherever such taxes may arise on the and a lot’s full catalogue description before artist is identified, the authenticity warranty Christie’s Inc. Post-Sale Services,
hammer price, the buyer’s premium, and/or any bidding. is given not only for the Heading but also for 20 Rockefeller Center, New York, NY 10020.
other charges related to the lot. (d) The authenticity warranty applies to the information regarding date or period shown (e) For more information please contact our Post-
Heading as amended by any Saleroom notice. in UPPERCASE type in the second line of the
For lots Christie’s ships to or within the United (e) The authenticity warranty does not apply catalogue description (the “Subheading”). Sale Services by phone at +1 212 636 2650 or
States, a sales or use tax may be due on the where scholarship has developed since the Accordingly, all references to the Heading fax at +1 212 636 4939 or email PostSaleUS@
hammer price, buyer’s premium, and/or any auction leading to a change in generally accepted in paragraph E2 (b) – (e) above shall be read christies.com.
other charges related to the lot, regardless of the opinion. Further, it does not apply if the Heading as references to both the Heading and the
nationality or citizenship of the successful bidder. either matched the generally accepted opinion Subheading. 2 TRANSFERRING OWNERSHIP TO YOU
Christie’s will collect sales tax where legally of experts at the date of the auction or drew You will not own the lot and ownership of the lot
required. The applicable sales tax rate will be attention to any conflict of opinion. 3 NO IMPLIED WARRANTIES will not pass to you until we have received full
determined based upon the state, county, or locale (f) The authenticity warranty does not apply if EXCEPT AS SET FORTH IN PARAGRAPHS E1 and clear payment of the purchase price, even
to which the lot will be shipped. Christie’s shall the lot can only be shown not to be authentic AND E2 ABOVE, NEITHER THE SELLER NOR in circumstances where we have released the lot
collect New York sales tax at a rate of 8.875% for any by a scientific process which, on the date we THE CHRISTIE’S GROUP MAKE ANY OTHER to you.
lot collected from Christie’s in New York. published the catalogue, was not available WARRANTY, EXPRESS OR IMPLIED, ORAL 3 TRANSFERRING RISK TO YOU
In accordance with New York law, if Christie’s or generally accepted for use, or which was OR WRITTEN, WITH RESPECT TO THE LOT, The risk in and responsibility for the lot will transfer
arranges the shipment of a lot out of New York unreasonably expensive or impractical, or which INCLUDING THE IMPLIED WARRANTIES to you from whichever is the earlier of the following:
State, New York sales tax does not apply, although was likely to have damaged the lot. OF MERCHANTABILITY OR FITNESS FOR A (a) When you collect the lot; or
sales tax or other applicable taxes for other states (g) The benefit of the authenticity warranty is PARTICULAR PURPOSE, EACH OF WHICH IS (b) At the end of the 30th day following the date of
SPECIFICALLY DISCLAIMED.
may apply. If you hire a shipper (other than a only available to the original buyer shown on the the auction or, if earlier, the date the lot is taken
common carrier authorized by Christie’s), to collect invoice for the lot issued at the time of the sale 4 YOUR WARRANTIES into care by a third party warehouse as set out on
the lot from a Christie’s New York location, Christie’s and only if on the date of the notice of claim, the (a) You warrant that the funds used for settlement the page headed ‘Storage and Collection’, unless
must collect New York sales tax on the lot at a rate original buyer is the full owner of the lot and the are not connected with any criminal activity, we have agreed otherwise with you.
of 8.875% regardless of the ultimate destination lot is free from any claim, interest or restriction including tax evasion, and you are neither under
of the lot. by anyone else. The benefit of this authenticity investigation, nor have you been charged with 4 WHAT HAPPENS IF YOU DO NOT PAY
warranty may not be transferred to anyone else.
If Christie’s delivers the lot to, or the lot is collected (h) In order to claim under the authenticity or convicted of money laundering, terrorist (a) If you fail to pay us the purchase price in full
by, any framer, restorer or other similar service warranty you must: activities or other crimes. by the due date, we will be entitled to do one
provider in New York that you have hired, New York (i) give us written notice of your claim within (b) Where you are bidding on behalf of another or more of the following (as well as enforce our
law considers the lot delivered to the successful 5 years of the date of the auction. We may person, you warrant that: rights under paragraph F5 and any other rights or
bidder in New York and New York sales tax must be require full details and supporting evidence (i) you have conducted appropriate customer remedies we have by law):
imposed regardless of the ultimate destination of of any such claim; due diligence on the ultimate buyer(s) of
the lot. In this circumstance, New York sales tax will (ii) at Christie’s option, we may require you the lot(s) in accordance with all applicable (i) we can charge interest from the due date
apply to the lot even if Christie’s or a common carrier to provide the written opinions of two anti-money laundering and sanctions at a rate of up to 1.34% per month on the
(authorized by Christie’s that you hire) subsequently recognised experts in the field of the lot laws, consent to us relying on this due unpaid amount due;
delivers the lot outside New York. mutually agreed by you and us in advance diligence, and you will retain for a period (ii) we can cancel the sale of the lot. If we do
Successful bidders claiming an exemption from confirming that the lot is not authentic. If of not less than 5 years the documentation this, we may sell the lot again, publically
evidencing the due diligence. You will make
or privately on such terms we shall think
sales tax must provide appropriate documentation we have any doubts, we reserve the right to such documentation promptly available for necessary or appropriate, in which case
to Christie’s prior to the release of the lot or within obtain additional opinions at our expense; immediate inspection by an independent you must pay us any shortfall between the
90 days after the sale, whichever is earlier. For and third-party auditor upon our written request purchase price and the proceeds from the
shipments to those states for which Christie’s is not (iii) return the lot at your expense to the to do so; resale. You must also pay all costs, expenses,
required to collect sales tax, a successful bidder saleroom from which you bought it in the (ii) the arrangements between you and the losses, damages and legal fees we have to
may have a use or similar tax obligation. It is the condition it was in at the time of sale. ultimate buyer(s) in relation to the lot pay or may suffer and any shortfall in the
successful bidder’s responsibility to pay all taxes (i) Your only right under this authenticity warranty or otherwise do not, in whole or in part, seller’s commission on the resale;
due. Christie’s recommends you consult your own is to cancel the sale and receive a refund of the facilitate tax crimes; (iii) we can pay the seller an amount up to the
independent tax advisor with any questions. purchase price paid by you to us. We will not, (iii) you do not know, and have no reason to net proceeds payable in respect of the
under any circumstances, be required to pay
E WARRANTIES you more than the purchase price nor will we suspect, that the funds used for settlement amount bid by your default in which case you
1 SELLER’S WARRANTIES be liable for any loss of profits or business, loss are connected with, the proceeds of any acknowledge and understand that Christie’s
will have all of the rights of the seller to
For each lot, the seller gives a warranty that the of opportunity or value, expected savings or criminal activity, including tax evasion, pursue you for such amounts;
seller: interest, costs, damages, other damages or or that the ultimate buyer(s) are under (iv) we can hold you legally responsible for
investigation, or have been charged with
(a) is the owner of the lot or a joint owner of the expenses. or convicted of money laundering, terrorist the purchase price and may begin legal
lot acting with the permission of the other co- (j) Books. Where the lot is a book, we give an activities or other crimes. proceedings to recover it together with other
owners or, if the seller is not the owner or a joint additional warranty for 21 days from the date losses, interest, legal fees and costs as far as
owner of the lot, has the permission of the owner of the auction that any lot is defective in text or F PAYMENT we are allowed by law;
to sell the lot, or the right to do so in law; and illustration, we will refund your purchase price, 1 HOW TO PAY
(b) has the right to transfer ownership of the lot to subject to the following terms: (a) Immediately following the auction, you must pay (v) we can take what you owe us from any
amounts which we or any company in the
the buyer without any restrictions or claims by (a)This additional warranty does not apply to: the purchase price being: Christie’s Group may owe you (including
anyone else. (i) the absence of blanks, half titles, tissue (i) the hammer price; and any deposit or other part-payment which you
(c) If either of the above warranties are incorrect, guards or advertisements, damage in (ii) the buyer’s premium; and have paid to us);
the seller shall not have to pay more than the respect of bindings, stains, spotting, (iii) any applicable duties, goods, sales, use, (vi) we can, at our option, reveal your identity
purchase price (as defined in paragraph F1(a) marginal tears or other defects not compensating or service tax, or VAT. and contact details to the seller;
below) paid by you to us. The seller will not be affecting completeness of the text or Payment is due no later than by the end of the 7th
responsible to you for any reason for loss of illustration; calendar day following the date of the auction (the (vii) we can reject at any future auction any
profits or business, expected savings, loss of (ii) drawings, autographs, letters or “due date”). bids made by or on behalf of the buyer or
opportunity or interest, costs, damages, other manuscripts, signed photographs, music, to obtain a deposit from the buyer before
damages or expenses. The seller gives no atlases, maps or periodicals; (b) We will only accept payment from the registered accepting any bids;
warranty in relation to any lot other than as set (iii) books not identified by title; bidder. Once issued, we cannot change the (viii) we can exercise all the rights and remedies
out above and, as far as the seller is allowed by buyer’s name on an invoice or re-issue the invoice of a person holding security over any
law, all warranties from the seller to you, and all (iv) lots sold without a printed estimate; in a different name. You must pay immediately property in our possession owned by you,
other obligations upon the seller which may be (v) books which are described in the even if you want to export the lot and you need whether by way of pledge, security interest
added to this agreement by law, are excluded. catalogue as sold not subject to return; or an export licence. or in any other way as permitted by the law
(vi) defects stated in any condition report or (c) You must pay for lots bought at Christie’s in of the place where such property is located.
2 OUR AUTHENTICITY WARRANTY announced at the time of sale. the United States in the currency stated on the You will be deemed to have granted such
We warrant, subject to the terms below, that the (b)To make a claim under this paragraph you invoice in one of the following ways: security to us and we may retain such
property as collateral security for your
lots in our sales are authentic (our “authenticity must give written details of the defect and (i) Wire transfer
warranty”). If, within 5 years of the date of the return the lot to the sale room at which you JP Morgan Chase Bank, N.A., obligations to us; and
auction, you give notice to us that your lot is not bought it in the same condition as at the 270 Park Avenue, New York, NY 10017; (ix) we can take any other action we see
authentic, subject to the terms below, we will time of sale, within 21 days of the date of ABA# 021000021; FBO: Christie’s Inc.; necessary or appropriate.
refund the purchase price paid by you. The the sale. Account # 957-107978, (b) If you owe money to us or to another Christie’s
meaning of authentic can be found in the glossary (k) South East Asian Modern and Contemporary for international transfers, SWIFT: Group company, we can use any amount you do
at the end of these Conditions of Sale. The terms of Art and Chinese Calligraphy and Painting. CHASUS33. pay, including any deposit or other part-payment
the authenticity warranty are as follows: In these categories, the authenticity warranty (ii) Credit Card you have made to us, or which we owe you, to
(a) It will be honored for claims notified within a does not apply because current scholarship does We accept Visa, MasterCard, American pay off any amount you owe to us or another
period of 5 years from the date of the auction. not permit the making of definitive statements. Express and China Union Pay. Credit card Christie’s Group company for any transaction.
After such time, we will not be obligated to honor Christie’s does, however, agree to cancel a sale payments at the New York premises will only
the authenticity warranty. in either of these two categories of art where it be accepted for New York sales. Christie’s 5 KEEPING YOUR PROPERTY
(b) It is given only for information shown in has been proven the lot is a forgery. Christie’s will not accept credit card payments for If you owe money to us or to another Christie’s
UPPERCASE type in the first line of the will refund to the original buyer the purchase purchases in any other sale site. Group company, as well as the rights set out in F4
catalogue description (the “Heading”). It does price in accordance with the terms of Christie’s (iii) Cash above, we can use or deal with any of your property
not apply to any information other than in the Authenticity warranty, provided that the We accept cash payments (including money we hold or which is held by another Christie’s
Heading even if shown in UPPERCASE type. original buyer notifies us with full supporting orders and traveller’s checks) subject to a Group company in any way we are allowed to by law.
evidence documenting the forgery claim within maximum global aggregate of US$7,500 We will only release your property to you after you
per buyer. pay us or the relevant Christie’s Group company
NYC21256_PGS_0136_0146_IBC.indd 138 2/17/22 11:08 PM