Page 74 - Sothebys Fine Chinese paintings Hong Kong

拍賣前估價 蘇富比樂意為閣下之物品提供拍 (iii) Sotheby’s Authenticity Guarantee as (c) Bidders acknowledge that many lots are (d) Without prejudice to Condition 4(b), any
賣前初步估價，此項免費服務由香港蘇富比之 printed in the sale catalogue; of an age and type which means that they are claim against Sotheby’s or the Seller by a
專家提供，服務時間為周一至五上午九時三十 (iv) any additional notices and terms printed not in perfect condition. All lots are off ered Bidder is limited to the Purchase Price with
分至下午四時三十分。本公司建議閣下與有關 in the sale catalogue including the Guide for for sale in the condition they are in at the regard to that lot. Neither Sotheby’s nor the
之專家部門作預約。如有所要求，本公司更會 Prospective Buyers; and time of the auction (whether or not Bidders Seller shall under any circumstances be liable
到府上為閣下之物品提供拍賣前初步估價。 (v) in respect of online bidding via the are in attendance at the auction). Condition for any consequential losses.
internet, the BID now Conditions on the reports may be available to assist when
估值 估值部門就保險、遺囑認證及承繼權 Sotheby’s website, inspecting lots. Catalogue descriptions and (e) None of this Condition 4 shall exclude
劃分、資產管理及稅務方案需要提供物品之 in each case as amended by any saleroom condition reports may on occasions make or limit Sotheby’s liability in respect of any
書面清單及估值。估值費用相宜，可因應不 notice or auctioneer’s announcement at the reference to particular imperfections of a lot, fraudulent misrepresentation made by
auction.
but Bidders should note that lots may have
Sotheby’s or the Seller, or in respect of death
同要求而作出，並能切合大部份需要。如欲 other faults not expressly referred to in the or personal injury caused by the negligent
索取更多資料，請與有關之專家部門聯絡， (b) As auctioneer, Sotheby’s acts as agent catalogue or condition report. Illustrations acts or omissions of Sotheby’s or the Seller.
電話號碼為(852) 2524 8121，傳真號碼為： for the Seller. A sale contract is made directly are for identifi cation purposes only and will
(852) 2810 6238。 between the Seller and the Buyer. However, not convey full information as to the actual 5. BIDDING AT AUCTION
Sotheby’s may own a lot (and in such condition of lots. (a) Sotheby’s has absolute discretion to
circumstances acts in a principal capacity as refuse admission to the auction. Bidders
TAX INFORMATION FOR BUYERS Seller) and/or may have a legal, benefi cial or (d) Information provided to Bidders in must complete a Paddle Registration Form
Buyers from outside Hong Kong should note fi nancial interest in a lot as a secured creditor respect of any lot, including any estimate, and supply such information and references
that local sales taxes or use taxes may be- or otherwise. whether written or oral and including as required by Sotheby’s. Bidders act as
come payable upon import of items following information in any catalogue, condition or principal unless they have Sotheby’s prior
purchase (for example, the Use Tax payable 2. COMMON TERMS other report, commentary or valuation, is written consent to bid as agent for another
on import of purchased items to certain states In these Conditions of Business: not a representation of fact but rather is party. Bidders are personally liable for their
bid and are jointly and severally liable with
a statement of opinion genuinely held by
of the USA).
Bidder is any person considering, making or Sotheby’s. Any estimate may not be relied on their principal if bidding as agent.
attempting to make a bid, by whatever means, as a prediction of the selling price or value of
Sotheby’s is currently registered to collect and includes Buyers; the lot and may be revised from time to time (b) Sotheby’s advises Bidders to attend the
USA sales tax in the states of California and Buyer is the person who makes the highest in Sotheby’s absolute discretion. auction but will seek to carry out absentee
New York. If the property is delivered into any bid or off er accepted by the auctioneer, and written bids which are in Hong Kong dollars
of the states in which Sotheby’s is registered, includes such person’s principal when bidding (e) No representations or warranties are and, in Sotheby’s opinion, clear and received
Sotheby’s is required by law to collect and as agent; made by Sotheby’s or the Seller as to whether suffi ciently in advance of the sale of the lot,
remit the appropriate sales tax in eff ect in the Buyer’s Expenses are any costs or any lot is subject to copyright or whether the endeavouring to ensure that the fi rst received
state where the property is delivered. expenses due to Sotheby’s from the Buyer; Buyer acquires copyright in any lot. of identical written bids has priority.
Buyer’s Premium is the commission
Buyers should obtain their own tax advice payable by the Buyer on the Hammer Price at (f) Subject to the matters referred to at 3(a) (c) Where available, written, telephone
from their tax advisors in this regard. the rates set out in the Guide for Prospective to 3(e) above and to the specifi c exclusions and internet bids are off ered as an
Buyers; contained at Condition 4 below, Sotheby’s additional service for no extra charge, at the
Counterfeit is as defi ned in Sotheby’s shall exercise such reasonable care when Bidder’s risk and shall be undertaken with
買家稅務信息 Authenticity Guarantee; making express statements in catalogue reasonable care subject to Sotheby’s other
Hammer Price is the highest bid accepted descriptions or condition reports as is commitments at the time of the auction;
香港以外之買家應注意，當進口購買品時， by the auctioneer by the fall of the hammer, consistent with its role as auctioneer of lots in Sotheby’s therefore cannot accept liability
或須繳付當地之銷售稅或使用稅（例如進口 (in the case of wine, as apportioned pro-rata the sale to which these Conditions relate, and for failure to place such bids save where
購買品至美國並付運到某些州份時，所需繳 by reference to the number of separately in the light of such failure is unreasonable. Telephone and
付之銷售稅或使用稅）。 identifi ed items in that lot), or in the case of a (i) the information provided to it by the internet bids may be recorded. Internet bids
now
now
post-auction sale, the agreed sale price; Seller; (“BID ”) are made subject to the BID
Conditions available on the Sotheby’s website
蘇富比現時已在美國加利福尼亞州及紐約 Purchase Price is the Hammer Price and (ii) scholarship and technical knowledge; and or upon request. The BID now Conditions apply
州登記為美國銷售稅納稅人。根據有關法 applicable Buyer’s Premium; (iii) the generally accepted opinions of in relation to online bids, in addition to these
律，蘇富比付運購買品至已登記為美國銷售 Reserve is the (confi dential) minimum relevant experts, in each case at the time any Conditions of Business.
稅納稅人之州份時，必須徵收並繳交相關 Hammer Price at which the Seller has agreed such express statement is made.
之稅項。 to sell a lot; 6. CONDUCT OF THE AUCTION
Seller is the person off ering a lot for sale (a) Unless otherwise specifi ed, all lots are
買家應自行向稅務顧問就此方面尋求稅務 (including their agent (other than Sotheby’s), 4. EXCLUSIONS AND LIMITATIONS OF off ered subject to a Reserve, which shall be
意見。 executors or personal representatives); LIABILITY TO BUYERS no higher than the low presale estimate at the
Sotheby’s means Sotheby’s Hong Kong (a) Sotheby’s shall refund the Purchase Price time of the auction.
Ltd., which has its registered offi ce at Level to the Buyer in circumstances where it deems
CONDITIONS OF BUSINESS 54, Hopewell Centre, 183 Queen’s Road East, that the lot is a Counterfeit and each of the (b) The auctioneer has absolute discretion at
Hong Kong; conditions of the Authenticity Guarantee has any time to refuse or accept any bid, withdraw
The nature of the relationship between Sotheby’s Company means Sotheby’s in been satisfi ed. any lot, re-off er a lot for sale (including after
Sotheby’s, Sellers and Bidders and the the USA and any of its subsidiaries (including the fall of the hammer), and take such other
terms on which Sotheby’s (as auctioneer) Sotheby’s) and Sotheby’s Diamonds SA and (b) In the light of the matters in Condition action as he reasonably thinks fi t.
and Sellers contract with Bidders are set its subsidiaries (in each case ‘subsidiary’ 3 above and subject to Conditions 4(a) and
4(e), neither any Sotheby’s Company nor the
out below. having the meaning of Section 2 of the (c) The auctioneer will commence and
Companies Ordinance Cap.622). Seller: advance the bidding at levels and in
Bidders’ attention is specifi cally drawn to 3. DUTIES OF BIDDERS AND OF (i) is liable for any errors or omissions in increments he considers appropriate and
Conditions 3 and 4 below, which require SOTHEBY’S IN RESPECT OF ITEMS information provided to Bidders by Sotheby’s is entitled to place a bid or series of bids on
them to investigate lots prior to bidding FOR SALE (or any Sotheby’s Company), whether orally behalf of the Seller up to the Reserve on the
and which contain specifi c limitations and (a) Sotheby’s knowledge in relation to each lot or in writing, whether negligent or otherwise, lot, without indicating he is doing so and
exclusions of the legal liability of Sotheby’s is partially dependent on information provided except as set out in Condition 3(f) above; whether or not other bids are placed.
and Sellers. The limitations and exclusions to it by the Seller, and Sotheby’s is not able (ii) gives any guarantee or warranty to (d) Subject to Condition 6(b), the contract
relating to Sotheby’s are consistent with to and does not carry out exhaustive due Bidders and any implied warranties and between the Buyer and the Seller is concluded
its role as auctioneer of large quantities diligence on each lot. Bidders acknowledge conditions are excluded (save in so far as on the striking of the auctioneer’s hammer,
of goods of a wide variety and Bidders this fact and accept responsibility for carrying such obligations cannot be excluded by law) whereupon the Buyer becomes liable to pay
should pay particular attention to these out inspections and investigations to satisfy other than the express warranties given by the Purchase Price.
Conditions. themselves as to the lots in which they may the Seller to the Buyer in Condition 2 of the
be interested. Sellers’ Conditions of Business; (e) Any post-auction sale of lots off ered at
1. INTRODUCTION (iii) accepts responsibility to any Bidders auction shall incorporate these Conditions as
(a) Sotheby’s and Sellers’ contractual (b) Each lot off ered for sale at Sotheby’s is in respect of acts or omissions (whether if sold in the auction.
relationship with prospective Buyers is available for inspection by Bidders prior to the negligent or otherwise) by Sotheby’s in
governed by: sale. Sotheby’s accepts bids on lots solely connection with the conduct of auctions or for 7. PAYMENT AND COLLECTION
on the basis that Bidders (and independent any matter relating to the sale of any lot. (a) Unless otherwise agreed, payment of
(i) these Conditions of Business; experts on their behalf, to the extent the Purchase Price for a lot and any Buyer’s
(ii) the Conditions of Business for Sellers appropriate given the nature and value of the (c) Unless Sotheby’s owns a lot off ered for Expenses are due in Hong Kong dollars
displayed in the saleroom and which are lot and the Bidder’s own expertise) have fully sale, it is not responsible for any breach of immediately on conclusion of the auction
available upon request from Sotheby’s Hong inspected the lot prior to bidding and have these conditions by the Seller. (the “Due Date”) notwithstanding any
Kong salerooms or by telephoning (852) satisfi ed themselves as to both the condition requirements for export, import or other
2524 8121; of the lot and the accuracy of its description. permits for such lot.
72 SOTHEBY’S 蘇富比