Page 129 - 2019 September 10th Sotheby's Important Chinese and Tibetan Buddhist Art, New York

BODIES OF INFINITE LIGHT SOTHEBY’S NEW YORK 10 SEPTEMBER 2019 127
How to Bid Bidding (“Online Terms”). By participating
by the auctioneer will be the purchaser. The in a sale via any Online Platform, Bidders herein, we, at our option, may (x) cancel
CONDITIONS OF SALE auctioneer has absolute and sole discretion accept the Online Terms, as well as the the sale of that, or any other lot or lots
in the case of error or dispute with respect relevant Conditions of Sale. Online bidding sold to the defaulting purchaser at the
The following Conditions of Sale and Terms to bidding, and whether during or after the may not be available for Premium Lots. same or any other auction, retaining as
of Guarantee are Sotheby’s, Inc. and the sale, to determine the successful bidder, to liquidated damages all payments made by
Consignor’s entire agreement with the re-open the bidding, to cancel the sale or 8. Bids Below Reserve If the auctioneer the purchaser, or (y) resell the purchased
purchaser and any bidders relative to the to re-offer and re-sell the item in dispute. If deter mines that any opening bid is below property, whether at public auction or by
property listed in this catalogue. any dispute arises after the sale, our sale the reserve of the article offered, he may private sale, or (z) effect any combination
The Conditions of Sale, Terms of record is conclusive. In our discretion we reject the same and withdraw the article thereof. In any case, the purchaser will
Guarantee, the glossary, if any, and all other will execute order or absentee bids and from sale, and if, having acknowledged be liable for any deficiency, any and all
contents of this catalogue are subject to accept telephone bids and online bids via an opening bid, he deter mines that any costs, handling charges, late charges,
amendment by us by the posting of notices BIDnow, eBay, Invaluable or other online advance thereafter is insufficient, he may expenses of both sales, our com missions
or by oral announcements made during platforms as a convenience to clients who reject the advance. on both sales at our regular rates, legal
the sale. The property will be offered by are not present at auctions; Sotheby’s is fees and expenses, collection fees and
us as agent for the Consignor, unless the not responsible for any errors or omissions 9. Purchaser’s Responsibility Subject incidental damages. We may, in our sole
catalogue indicates otherwise. in connection there with. Prospective to fulfill ment of all of the conditions set discretion, apply any proceeds of sale
By partici pating in any sale, you bidders should also consult sothebys.com forth herein, on the fall of the auctioneer’s then due or thereafter becoming due to
acknowledge that you are bound by these for the most up to date cataloguing of the hammer, the contract between the the purchaser from us or any affiliated
terms and conditions. property in this catalogue. consignor and the purchaser is concluded, company, or any payment made by the
By participating in the sale, you represent and the winning bidder thereupon will purchaser to us or any affiliated company,
1. As Is Goods auctioned are often and warrant that any bids placed by you, immediately pay the full purchase price whether or not intended to reduce the
of some age. The authenticity of the or on your behalf, are not the product of or such part as we may require. Title in a purchaser’s obligations with respect to
Authorship (as defined below) of property any collusive or other anti-competitive purchased lot will not pass until Sotheby’s the unpaid lot or lots, to the deficiency
listed in the catalogue is guaranteed as agreement and are otherwise consistent has received the full purchase price in and any other amounts due to us or
stated in the Terms of Guarantee and with federal and state antitrust law. cleared funds. The purchaser’s obligation any affiliated companies. In addition, a
except for the Limited Warranty contained By participating in the sale, you to immediately pay the full purchase price defaulting purchaser will be deemed to
therein, all property is sold “AS IS” without represent and warrant that: or such part as we may require is absolute have granted and assigned to us and our
any representations or warranties by us or (a) The bidder and/or purchaser is not and unconditional and is not subject to any affiliated companies, a continuing security
the Consignor as to merchantability, fitness subject to trade sanctions, embargoes defenses, setoffs or counterclaims of any interest of first priority in any property or
for a particular purpose, the correctness or any other restriction on trade in the kind whatsoever. Sotheby’s is not obligated money of or owing to such purchaser in
of the catalogue or other description of jurisdiction in which it does business as well to release a lot to the purchaser until title to our possession, custody or control or in
the physical condition, size, quality, rarity, as under the laws of the European Union, the lot has passed and any earlier release the possession, custody or control of any
importance, medium, frame, provenance, the laws of England and Wales, or the laws does not affect the passing of title or the of our affiliated companies, in each case
exhibitions, literature or historical relevance and regulations of the United States, and is purchaser’s unconditional obligation to pay whether at the time of the auction, the
of any property and no statement not owned (nor partly owned) or controlled the full purchase price. In addition to other default or if acquired at any time thereafter,
anywhere, whether oral or written, whether by such sanctioned person(s) (collectively, remedies available to us by law, we reserve and we may retain and apply such property
made in the catalogue, an advertisement, “Sanctioned Person(s)”); the right to impose from the date of sale a or money as collateral security for the
a bill of sale, a salesroom posting or (b) Where acting as agent (with late charge of the annual percentage rate obligations due to us or to any affiliated
announcement, or elsewhere, shall be Sotheby’s prior written consent), the of Prime + 6% of the total purchase price company of ours. We shall have all of the
deemed such a warranty, representation principal is not a Sanctioned Person(s) nor if payment is not made in accordance with rights accorded a secured party under
or assumption of liability. We and the owned (or partly owned) or controlled by the conditions set forth herein. Please note the New York Uniform Commercial Code.
Consignor make no representations Sanctioned Person(s); and Sotheby’s reserves the right to refuse to You hereby agree that Sotheby’s may file
and warranties, express or implied, as (c) The bidder and/or purchaser accept payment from a source other than financing statements under the New York
to whether the purchaser acquires any undertakes that none of the purchase the buyer of record. Uniform Commercial Code without your
copyrights, including but not limited to, price will be funded by any Sanctioned Unless otherwise agreed by Sotheby’s, signature. Payment will not be deemed
any reproduction rights in any property. Person(s), nor will any party be involved all property must be removed from our to have been made in full until we have
We and the Consignor are not responsible in the transaction including financial premises by the purchaser at his expense collected good funds. Any claims relating
for errors and omissions in the catalogue, institutions, freight forwarders or other not later than 30 calendar days following to any purchase, including any claims
glossary, or any supplemental material. forwarding agents or any other party its sale. Purchasers are reminded that under the Conditions of Sale or Terms of
Sotheby’s will not be responsible or liable be a Sanctioned Person(s) nor owned Sotheby’s liability for loss of or damage to Guarantee, must be presented directly
for damage to frames and glass coverings, (or partly owned) or controlled by a sold property shall cease upon the earlier to Sotheby’s. In the event the purchaser
regardless of the cause. Sanctioned Person(s), unless such of (a) 30 calendar days after the date of the fails to pay any or all of the total purchase
activity is authorized in writing by the auction and (b) our release of the property price for any lot and Sotheby’s nonetheless
1. BROWSE 2. REGISTER 3. BID 2. Inspection Prospective bidders should government authority having jurisdiction to the purchaser or the purchaser’s elects to pay the Consignor any portion
inspect the property before bidding to over the transaction or in applicable law or designated agent. Upon the expiration of the sale proceeds, the purchaser
Go to sothebys.com or the Sign up to place bids. Bid before and during the auction, determine its condition, size, and whether regulation. of such 30 calendar day period or upon acknowledges that Sotheby’s shall have
In order to bid on “Premium Lots” you
Sotheby’s app to find works from anywhere in the world. or not it has been repaired or restored. must complete the required Premium Lot such earlier release, as applicable: (i) the all of the rights of the Consignor to pursue
the purchaser for any amounts paid to the
you are interested in. purchaser bears full liability for any and all
3. Buyer’s Premium A buyer’s premium pre-registra tion application. Sotheby’s loss of or damage to the property; (ii) the Consignor, whether at law, in equity, or
will be added to the hammer price and is decision whether to accept any pre- purchaser releases Sotheby’s, its affiliates, under these Conditions of Sale.
payable by the purchaser as part of the registration application shall be final. You agents and warehouses from any and all
total purchase price. The buyer’s premium must arrange for Sotheby’s to receive liability and claims for loss of or damage 10. Reserve All lots in this catalogue are
is 25% of the hammer price up to and your pre-registration application at least to the property; and (iii) the purchaser offered subject to a reserve, which is the
including $400,000, 20% of any amount three working days before the sale. Please agrees to indemnify and hold Sotheby’s, its confidential minimum hammer price at
in excess of $400,000 up to and including bear in mind that we are unable to obtain affiliates, agents and warehouses harmless which a lot will be sold. No reserve will
$4,000,000, and 13.9% of any amount in financial references over weekends or from and against any and all liability for exceed the low presale estimate stated
FOR ASSISTANCE WITH REGISTRATION AND BIDDING excess of $4,000,000. public holidays. loss of or damage to property and any in the catalogue, or as amended by oral
Enquiries@sothebys.com Sotheby’s may require such necessary all claims related to loss of or damage to or posted notices. We may implement
US +1 212 606 7000 UK +44 (0) 20 7293 5000 HK +852 2822 8142 4. Withdrawal We reserve the right to financial references, guarantees, deposits the property as of and from and after the such reserve by opening the bidding on
and/or such other security, in its absolute
sothebys.com/bidonline FOLLOW US @SOTHEBYS withdraw any property before the sale and discretion, as security for your bid(s). time Sotheby’s liability for loss or damage behalf of the Consignor and may bid up
shall have no liability whatsoever for such to the property ceases in accordance to the amount of the reserve, by placing
withdrawal. with this paragraph. If any applicable successive or consecutive bids for a lot,
7. Online Bids via BIDnow or other Online conditions herein are not complied with or bids in response to other bidders. In
Platforms: Sotheby’s may offer clients instances where we have an interest in the
5. Per Lot Unless otherwise announced by the purchaser, the purchaser will be in
by the auctioneer, all bids are per lot as the opportunity to bid online via BIDnow, default and in addition to any and all other lot other than our commission, we may bid
eBay, Invaluable or other Online Platforms
numbered in the catalogue. remedies available to us and the Consignor up to the reserve to protect such interest.
for selected sales. By participating in a by law, including, without limitation, the In certain instances, the Consignor may
sale via any of these Online Platforms, you right to hold the purchaser liable for the pay us less than the standard commission
6. Bidding We reserve the right to reject acknowledge that you are bound by these
any bid. The highest bidder acknowledged Conditions of Sale as well as the Additional total purchase price, including all fees, rate where a lot is “bought-in” to protect
its reserve.
charges and expenses more fully set forth
Terms and Conditions for Live Online
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