Page 141 - Christie's Chinese Snuff Bottled the Holden Collection March 24, 2022

in full for what you owe. However, if we choose, to import property containing these materials, (d) We have no responsibility to any person other the arbitration. The language used in the arbitral
we can also sell your property in any way we think and some other countries require a licence from than a buyer in connection with the purchase of proceedings shall be English. The arbitrator shall
appropriate. We will use the proceeds of the sale the relevant regulatory agencies in the countries any lot. order the production of documents only upon
against any amounts you owe us and we will pay of exportation as well as importation. In some (e) If, in spite of the terms in paragraphs I(a) to (d) or a showing that such documents are relevant
any amount left from that sale to you. If there is a cases, the lot can only be shipped with an E2(i) above, we are found to be liable to you for and material to the outcome of the Dispute. The
shortfall, you must pay us any difference between independent scientific confirmation of species any reason, we shall not have to pay more than arbitration shall be confidential, except to the
the amount we have received from the sale and the and/or age, and you will need to obtain these at the purchase price paid by you to us. We will not extent necessary to enforce a judgment or where
amount you owe us. your own cost. be responsible to you for any reason for loss of disclosure is required by law. The arbitration award
G COLLECTION AND STORAGE (d) Lots containing Ivory or materials resembling profits or business, loss of opportunity or value, shall be final and binding on all parties involved.
Judgment upon the award may be entered by
expected savings or interest, costs, damages, or
ivory
(a) You must collect purchased lots within seven If a lot contains elephant ivory, or any other expenses. any court having jurisdiction thereof or having
days from the auction (but note that lots will not wildlife material that could be confused with jurisdiction over the relevant party or its assets.
be released to you until you have made full and elephant ivory (for example, mammoth ivory, J OTHER TERMS This arbitration and any proceedings conducted
clear payment of all amounts due to us). hereunder shall be governed by Title 9 (Arbitration)
walrus ivory, helmeted hornbill ivory) you may 1 OUR ABILITY TO CANCEL
(b) Information on collecting lots is set out on be prevented from exporting the lot from the of the United States Code and by the United Nations
the storage and collection page and on an US or shipping it between US States without In addition to the other rights of cancellation Convention on the Recognition and Enforcement of
information sheet which you can get from the first confirming its species by way of a rigorous contained in this agreement, we can cancel a sale Foreign Arbitral Awards of June 10, 1958.
bidder registration staff or Christie’s Post-Sale scientific test acceptable to the applicable of a lot if : (i) any of your warranties in paragraph
Services Department on +1 212 636 2650. Fish and Wildlife authorities. You will buy that E4 are not correct; (ii) we reasonably believe that 10 REPORTING ON WWW.CHRISTIES.COM
(c) If you do not collect any lot within thirty days lot at your own risk and be responsible for any completing the transaction is, or may be, unlawful; Details of all lots sold by us, including catalogue
descriptions and prices, may be reported on www.
or (iii) we reasonably believe that the sale places us
following the auction we may, at our option scientific test or other reports required for or the seller under any liability to anyone else or may christies.com. Sales totals are hammer price
(i) charge you storage costs at the rates set out export from the USA or between US States at damage our reputation. plus buyer’s premium and do not reflect costs,
at www.christies.com/storage. your own cost. We will not be obliged to cancel financing fees, or application of buyer’s or seller’s
your purchase and refund the purchase price
(ii) move the lot to another Christie’s location if your lot may not be exported, imported or 2 RECORDINGS credits. We regret that we cannot agree to requests
or an affiliate or third party warehouse shipped between US States, or it is seized We may videotape and record proceedings at any to remove these details from www.christies.com.
and charge you transport costs and for any reason by a government authority. It auction. We will keep any personal information
administration fees for doing so and you is your responsibility to determine and satisfy confidential, except to the extent disclosure is K GLOSSARY
will be subject to the third party storage the requirements of any applicable laws or required by law. However, we may, through this auctioneer: the individual auctioneer and/or
warehouse’s standard terms and to pay for regulations relating to interstate shipping, export process, use or share these recordings with another Christie’s.
their standard fees and costs. Christie’s Group company and marketing partners
or import of property containing such protected to analyse our customers and to help us to tailor authentic: a genuine example, rather than a copy
(iii) sell the lot in any commercially reasonable or regulated material. or forgery of:
way we think appropriate. our services for buyers. If you do not want to be
(e) Lots of Iranian origin videotaped, you may make arrangements to make a (i) the work of a particular artist, author or
(d) The Storage conditions which can be found at Some countries prohibit or restrict the purchase, telephone or written bid or bid on Christie’s LIVE™ manufacturer, if the lot is described in the
www.christies.com/storage will apply. the export and/or import of Iranian-origin instead. Unless we agree otherwise in writing, you Heading as the work of that artist, author or
(e) In accordance with New York law, if you have “works of conventional craftsmanship” (works may not videotape or record proceedings at any manufacturer;
paid for the lot in full but you do not collect the that are not by a recognized artist and/or that auction. (ii) a work created within a particular period or
lot within 180 calendar days of payment, we may have a function, (for example: carpets, bowls, culture, if the lot is described in the Heading
charge you New York sales tax for the lot. ewers, tiles, ornamental boxes). For example, 3 COPYRIGHT as a work created during that period or
(f) Nothing in this paragraph is intended to limit our the USA prohibits the import and export of this We own the copyright in all images, illustrations culture;
rights under paragraph F4. type of property without a license issued by and written material produced by or for us relating (iii) a work for a particular origin source if the lot
the US Department of the Treasury, Office of to a lot (including the contents of our catalogues is described in the Heading as being of that
H TRANSPORT AND SHIPPING Foreign Assets Control. Other countries, such as unless otherwise noted in the catalogue). You cannot origin or source; or
1 SHIPPING Canada, only permit the import of this property use them without our prior written permission. We (iv) in the case of gems, a work which is made of
in certain circumstances. As a convenience to
do not offer any guarantee that you will gain any
We would be happy to assist in making shipping buyers, Christie’s indicates under the title of a copyright or other reproduction rights to the lot. a particular material, if the lot is described in
arrangements on request. You must make all lot if the lot originates from Iran (Persia). It is the Heading as being made of that material.
transport and shipping arrangements. However, your responsibility to ensure you do not bid on or 4 ENFORCING THIS AGREEMENT authenticity warranty: the guarantee we give in
we can arrange to pack, transport, and ship your import a lot in contravention of the sanctions or If a court finds that any part of this agreement is not this agreement that a lot is authentic as set out in
property if you ask us to and pay the costs of doing trade embargoes that apply to you. valid or is illegal or impossible to enforce, that part of paragraph E2 of this agreement.
so. We recommend that you ask us for an estimate, the agreement will be treated as being deleted and
especially for any large items or items of high (f) Gold the rest of this agreement will not be affected. buyer’s premium: the charge the buyer pays us
Gold of less than 18ct does not qualify in all
value that need professional packing. We may also along with the hammer price.
suggest other handlers, packers, transporters, or countries as ‘gold’ and may be refused import 5 TRANSFERRING YOUR RIGHTS AND catalogue description: the description of a lot in
into those countries as ‘gold’.
experts if you ask us to do so. For more information, RESPONSIBILITIES the catalogue for the auction, as amended by any
please contact Christie’s Post-Sale Services at (g) Watches You may not grant a security over or transfer your saleroom notice.
+1 212 636 2650. See the information set out at Many of the watches offered for sale in this rights or responsibilities under these terms on the
https://www.christies.com/buying-services/ catalogue are pictured with straps made of contract of sale with the buyer unless we have given Christie’s Group: Christie’s International Plc,
its subsidiaries and other companies within its
buying-guide/ship/ or contact us at PostSaleUS@ endangered or protected animal materials such our written permission. This agreement will be
christies.com. We will take reasonable care when we as alligator or crocodile. These lots are marked binding on your successors or estate and anyone corporate group.
are handling, packing, transporting, and shipping a. with the symbol Ψ in the catalogue. These who takes over your rights and responsibilities. condition: the physical condition of a lot.
However, if we recommend another company for any endangered species straps are shown for display due date: has the meaning given to it paragraph
of these purposes, we are not responsible for their purposes only and are not for sale. Christie’s will 6 TRANSLATIONS F1(a).
acts, failure to act, or neglect. remove and retain the strap prior to shipment If we have provided a translation of this agreement,
from the sale site. At some sale sites, Christie’s we will use this original version in deciding any estimate: the price range included in the catalogue
2 EXPORT AND IMPORT may, at its discretion, make the displayed issues or disputes which arise under this agreement. or any saleroom notice within which we believe a
Any lot sold at auction may be affected by laws endangered species strap available to the buyer lot may sell. Low estimate means the lower figure
on exports from the country in which it is sold and of the lot free of charge if collected in person 7 PERSONAL INFORMATION in the range and high estimate means the higher
the import restrictions of other countries. Many from the sale site within 1 year of the date of the We will hold and process your personal information figure. The mid estimate is the midpoint between
countries require a declaration of export for property auction. Please check with the department for and may pass it to another Christie’s Group the two.
leaving the country and/or an import declaration on details on a particular lot. company for use as described in, and in line with, hammer price: the amount of the highest bid the
entry of property into the country. Local laws may For all symbols and other markings referred to in our privacy notice at www.christies.com/about- auctioneer accepts for the sale of a lot.
prevent you from importing a lot or may prevent you paragraph H2, please note that lots are marked as a us/contact/privacy and if you are a resident of
selling a lot in the country you import it into. convenience to you, but we do not accept liability for California you can see a copy of our California Heading: has the meaning given to it in paragraph
(a) You alone are responsible for getting advice errors or for failing to mark lots. Consumer Privacy Act statement at https://www. E2.
about and meeting the requirements of any christies.com/about-us/contact/ccpa. lot: an item to be offered at auction (or two or more
laws or regulations which apply to exporting I OUR LIABILITY TO YOU items to be offered at auction as a group).
or importing any lot prior to bidding. If you are (a) We give no warranty in relation to any 8 WAIVER other damages: any special, consequential,
refused a licence or there is a delay in getting statement made, or information given, by us or No failure or delay to exercise any right or remedy incidental or indirect damages of any kind or any
one, you must still pay us in full for the lot. We our representatives or employees, about any provided under these Conditions of Sale shall damages which fall within the meaning of ‘special’,
may be able to help you apply for the appropriate lot other than as set out in the authenticity constitute a waiver of that or any other right or ‘incidental’ or ‘consequential’ under local law.
licences if you ask us to and pay our fee for doing warranty and, as far as we are allowed by law, all remedy, nor shall it prevent or restrict the further
so. However, we cannot guarantee that you will warranties and other terms which may be added exercise of that or any other right or remedy. No purchase price: has the meaning given to it in
get one. For more information, please contact to this agreement by law are excluded. The single or partial exercise of such right or remedy paragraph F1(a).
Christie’s Post-Sale Services Department at +1 seller’s warranties contained in paragraph E1 are shall prevent or restrict the further exercise of that or provenance: the ownership history of a lot.
212 636 2650 and PostSaleUS@christies.com. their own and we do not have any liability to you any other right or remedy.
See the information set out at https://www. in relation to those warranties. 9 LAW AND DISPUTES qualified: has the meaning given to it in paragraph
christies.com/buying-services/buying- (b) (i) We are not responsible to you for any reason E2 and Qualified Headings means the paragraph
guide/ship/ or contact us at PostSaleUS@ (whether for breaking this agreement or any This agreement, and any non-contractual headed Qualified Headings on the page of
christies.com. other matter relating to your purchase of, or obligations arising out of or in connection with this the catalogue headed ‘Important Notices and
(b) You alone are responsible for any applicable bid for, any lot) other than in the event of fraud agreement, or any other rights you may have relating Explanation of Cataloguing Practice’.
to the purchase of a lot will be governed by the
taxes, tariffs or other government-imposed or fraudulent misrepresentation by us or other laws of New York. Before we or you start any court reserve: the confidential amount below which we
charges relating to the export or import of the than as expressly set out in these conditions of proceedings (except in the limited circumstances will not sell a lot.
lot. If Christie’s exports or imports the lot on your sale; or (ii) give any representation, warranty or where the dispute, controversy or claim is related saleroom notice: a written notice posted next to
behalf, and if Christie’s pays these applicable guarantee or assume any liability of any kind in to proceedings brought by someone else and this the lot in the saleroom and on www.christies.com,
taxes, tariffs or other government-imposed respect of any lot with regard to merchantability, dispute could be joined to those proceedings), which is also read to prospective telephone bidders
charges, you agree to refund that amount to fitness for a particular purpose, description, size, we agree we will each try to settle the dispute by and notified to clients who have left commission
Christie’s. quality, condition, attribution, authenticity,
rarity, importance, medium, provenance, mediation submitted to JAMS, or its successor, bids, or an announcement made by the auctioneer
(c) Endangered and protected species exhibition history, literature, or historical for mediation in New York. If the Dispute is not either at the beginning of the sale, or before a
Lots made of or including (regardless of the relevance. Except as required by local law, settled by mediation within 60 days from the date particular lot is auctioned.
percentage) endangered and other protected any warranty of any kind is excluded by this when mediation is initiated, then the Dispute shall
species of wildlife are marked with the symbol ~ paragraph. be submitted to JAMS, or its successor, for final subheading: has the meaning given to it in
in the catalogue. This material includes, among and binding arbitration in accordance with its paragraph E2.
other things, ivory, tortoiseshell, crocodile skin, (c) In particular, please be aware that our written Comprehensive Arbitration Rules and Procedures UPPER CASE type: means having all capital letters.
rhinoceros horn, whalebone certain species and telephone bidding services, Christie’s LIVE™, or, if the Dispute involves a non-U.S. party, the warranty: a statement or representation in which
of coral, and Brazilian rosewood. You should condition reports, currency converter and JAMS International Arbitration Rules. The seat of
check the relevant customs laws and regulations saleroom video screens are free services and we the arbitration shall be New York and the arbitration the person making it guarantees that the facts set
out in it are correct.
before bidding on any lot containing wildlife are not responsible to you for any error (human shall be conducted by one arbitrator, who shall
material if you plan to import the lot into another or otherwise), omission or breakdown in these be appointed within 30 days after the initiation of
country. Several countries refuse to allow you services.
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