Page 75 - Sothebys Fine Chinese paintings Hong Kong

(b) Title in a purchased lot will not pass until purchased by the Buyer; or import restrictions or any embargoes. off ers equivalent legal protection of
Sotheby’s has received the Purchase Price The denial of any permit or licence shall not personal information. By agreeing to
and Buyer’s Expenses for that lot in cleared (e) reject future bids from the Buyer or render justify cancellation or rescission of the sale these Conditions of Business, clients
funds. Sotheby’s is not obliged to release such bids subject to payment of a deposit; contract or any delay in payment. We shall agree to such disclosure.
a lot to the Buyer until title in the lot has such deposit to be applied at Sotheby’s not be responsible for any liability arising
passed and appropriate identifi cation has discretion in the event of subsequent non- from any failure to complete or submit the Clients will please note that for security
been provided, and any earlier release does payment or late payment; required export or import manifest, list or purposes, Sotheby’s premises are subject
not aff ect the passing of title or the Buyer’s documentation. to video recording. Telephone calls e.g.
unconditional obligation to pay the Purchase (f) charge interest at a rate not exceeding 2% telephone and internet bidding/voicemail
Price and Buyer’s Expenses. per month from the Due Date to the date the 11. GENERAL
Purchase Price and relevant Buyer’s Expenses (a) All images and other materials produced messages may also be recorded.
(c) The Buyer is obliged to arrange collection are received in cleared funds; for the auction are the copyright of Sotheby’s,
of purchased lots no later than thirty (30) for use at Sotheby’s discretion. 13. LAW AND JURISDICTION
calendar days after the date of the auction. (g) exercise a lien over any of the Buyer’s
Purchased lots are at the Buyer’s risk property which is in the possession of (b) Notices to Sotheby’s should be in Governing Law These Conditions of
(and therefore their sole responsibility for a Sotheby’s Company. Sotheby’s shall writing and addressed to the department Business and all aspects of all matters,
insurance) from the earliest of inform the Buyer of the exercise of any in charge of the sale, quoting the reference transactions or disputes to which they relate
such lien and within 14 days of such notice number specifi ed at the beginning of the sale or apply shall be governed by and interpreted
(i) collection or may arrange the sale of such property and catalogue. Notices to Sotheby’s clients shall in accordance with Hong Kong law.
(ii) the thirty-fi rst calendar day after the apply the proceeds to the amount owed be addressed to the last address formally
auction. Until risk passes, Sotheby’s will to Sotheby’s, and/or any shortfall in the notifi ed by them to Sotheby’s. Jurisdiction For the benefi t of Sotheby’s, all
compensate the Buyer for any loss or damage Purchase Price and Buyer’s Expenses in Bidders and Sellers agree that the Hong Kong
to the lot up to a maximum of the Purchase the event of a resale under Condition 8(h) (c) Should any provision of these Conditions Courts are to have exclusive jurisdiction to
Price paid. Buyers should note that Sotheby’s below (on a pro-rata basis where more of Business be held unenforceable for any settle all disputes arising in connection with
assumption of liability for loss or damage is than one lot is purchased by the Buyer at reason, the remaining provisions shall remain all aspects of all matters or transactions to
subject to the exclusions set out in Condition the auction and is then resold), and/or any in full force and eff ect. which these Conditions of Business relate or
6 of the Conditions of Business for Sellers. claim by Sotheby’s against the Buyer for apply. All parties agree that Sotheby’s shall
damages for the Buyer’s breach of contract (d) These Conditions of Business are retain the right to bring proceedings in any
8. REMEDIES FOR NON-PAYMENT (including but not limited to the Buyer’s not assignable by any Buyer without court other than the Hong Kong Courts.
Without prejudice to any rights the Seller may Premium in the event of a termination of the Sotheby’s prior written consent, but are
have, if the Buyer without prior agreement sale contract); binding on Buyers’ successors, assigns and Service of Process All Bidders and Sellers
fails to make payment in full for the lot within representatives. No act, omission or delay by irrevocably consent to service of process
fi ve days of the auction, or in accordance with (h) resell the lot by auction or private sale, Sotheby’s shall be deemed a waiver or release or any other documents in connection
any payment schedule agreed with Sotheby’s, with estimates and reserves at Sotheby’s of any of its rights. with proceedings in any court by facsimile
Sotheby’s may in its sole discretion (having discretion. In the event such resale is for transmission, personal service, delivery
informed the Seller) exercise one or more of less than the Purchase Price and Buyer’s (e) The materials listed in Condition 1(a) by mail or in any other manner permitted
the following remedies: Expenses for that lot, the Buyer will remain above set out the entire agreement and by Hong Kong law, the law of the place of
liable for the shortfall together with all costs understanding between the parties with service or the law of the jurisdiction where
(a) store the lot at its premises or elsewhere incurred in such resale; respect to the subject matter hereof. It is proceedings are instituted, at the last address
at the Buyer’s sole risk and expense; agreed that, save in respect of liability for of the Buyer or Seller known to Sotheby’s or
(i) commence legal proceedings to recover fraudulent misrepresentation, no party has any other usual address.
(b) terminate the contract of the sale of the the Purchase Price and Buyer’s Expenses for entered into any contract pursuant to these
lot, retaining the right to damages for the that lot, or to claim damages for the Buyer’s terms in reliance on any representation, General Authenticity Guarantee:
Buyer’s breach of contract; breach of contract, together with interest warranty or undertaking which is not If Sotheby’s sells an item which subsequently
and the costs of such proceedings on a full expressly referred to in such materials. is shown to be a “counterfeit”, subject to the
(c) set off any amounts owed to the Buyer by indemnity basis; or terms below Sotheby’s will set aside the sale
a Sotheby’s Company against any amounts 12. DATA PROTECTION and refund to the Buyer the total amount paid
owed to Sotheby’s by the Buyer in respect of (j) release the name and address of the In connection with the management by the Buyer to Sotheby’s for the item, in the
the lot and/or any shortfall in the Purchase Buyer to the Seller to enable the Seller to and operation of our business and the currency of the original sale.
Price and Buyer’s Expenses in the event of commence legal proceedings to recover marketing and supply of Sotheby’s For these purposes, “counterfeit” means
a resale under Condition 8(h) below (on a the amounts due or claim damages for the Companies’ services, or as required a lot that in Sotheby’s reasonable opinion
pro-rata basis where more than one lot is Buyer’s breach of contract and legal costs. by law, we may ask clients to provide is an imitation created to deceive as to
purchased by the Buyer at the auction and is Sotheby’s will take reasonable steps to notify personal information about themselves authorship, origin, date, age, period, culture
then resold), and/or any claim by Sotheby’s the Buyer prior to releasing such details to the or obtain information about clients from or source, where the correct description
against the Buyer for damages for the Buyer’s Seller. of such matters is not refl ected by the
breach of contract (including but not limited third parties (e.g. credit information). description in the catalogue (taking into
to the Buyer’s Premium in the event of a 9. FAILURE TO COLLECT PURCHASES If clients provide Sotheby’s with account any Glossary of Terms). No lot shall
termination of the sale contract); (a) If the Buyer pays the Purchase Price information that is defi ned by law as be considered a counterfeit by reason only
and Buyer’s Expenses but fails to collect a “sensitive”, they agree that Sotheby’s of any damage and/or restoration and/or
(d) apply as Sotheby’s sees fi t any purchased lot within thirty calendar days Companies may use it for the above modifi cation work of any kind (including
payments, including deposits, made by or of the auction, the lot will be stored at the purposes. Sotheby’s Companies will not repainting or over-painting).
on behalf of the Buyer in respect of this Buyer’s expense (and risk) at Sotheby’s or use or process sensitive information for
transaction or otherwise, towards (i) any with a third party. any other purpose without the client’s Please note that this Guarantee does not
costs, Buyer’s Expenses or debts owed by express consent. apply if either:-
the Buyer to any Sotheby’s Company, and/ (b) If a purchased lot is paid for but not
or (ii) any shortfall in the Purchase Price and collected within six months of the auction, If you would like further information on (i) the catalogue description was in
Buyer’s Expenses in the event of a resale the Buyer authorises Sotheby’s, having given Sotheby’s policies on personal data, or accordance with the generally accepted
under Condition 8(h) below (on a pro-rata notice to the Buyer, to arrange a resale of the to make corrections to your information, opinions of scholar(s) and expert(s) at the
basis where more than one lot is purchased item by auction or private sale, with estimates please contact us on (852) 2524 8121. date of the sale, or the catalogue description
by the Buyer at the auction and is then and reserves at Sotheby’s discretion. The indicated that there was a confl ict of such
resold), and/or (iii) any claim by Sotheby’s proceeds of such sale, less all costs incurred If you would prefer not to receive details opinions; or
against the Buyer for damages for the by Sotheby’s, will be forfeited unless collected
Buyer’s breach of contract (including but by the Buyer within two years of the original of future events please tick here. (ii) the only method of establishing at the date
not limited to the Buyer’s Premium in the auction. of the sale that the item was a counterfeit
event of a termination of the sale contract). In order to fulfi l the services clients would have been by means of processes
For the avoidance of doubt, if more than one 10. EXPORT AND PERMITS have requested, Sotheby’s may disclose not then generally available or accepted,
lot is purchased by the Buyer at the auction It is the Buyer’s sole responsibility to identify information to third parties (e.g. unreasonably expensive or impractical to use;
and the Buyer makes a partial payment but and obtain any necessary export, import, shippers). Some countries do not off er or likely to have caused damage to the lot or
fails to pay in full the Purchase Price of all fi rearm, endangered species or other permit equivalent legal protection of personal likely (in Sotheby’s reasonable opinion) to
lots purchased by him within fi ve days of the for the lot and to complete any required export information to that off ered within Hong have caused loss of value to the lot; or
auction or in accordance with any payment or import manifest, list or documentation. Kong. It is Sotheby’s policy to require
schedule agreed with Sotheby’s, Sotheby’s Any symbols or notices in the sale catalogue that any such third parties respect the (iii) there has been no material loss in
is entitled, at its absolute discretion, to refl ect Sotheby’s reasonable opinion at the privacy and confi dentiality of our clients’ value of the lot from its value had it been in
reject any instruction or request that the time of cataloguing and off er Bidders general information and provide the same level accordance with its description.
whole or a part of such partial payment be guidance only. Without prejudice to Conditions of protection for clients’ information as
applied towards the Purchase Price of, and/ 3 and 4 above, Sotheby’s and the Seller provided within Hong Kong, whether or This Guarantee is provided for a period of
or the shortfall and/or Sotheby’s claim for make no representations or warranties as to not they are located in a country that fi ve (5) years after the date of the relevant
damages in respect of, any particular lot(s) whether any lot is or is not subject to export auction, is solely for the benefi t of the Buyer

A REDISCOVERED IMPERIAL HEIRLOOM – TEN AUSPICIOUS LANDSCAPES OF TAISHAN BY QIAN WEICHENG 73