Page 80 - Sothebys Imperial Porcelain Private Collection

瀕危物種 由植物或動物材料（ 如紅木、 珊 CONDITIONS OF BUSINESS Sotheby’s means Sotheby’s Hong Kong 4. EXCLUSIONS AND LIMITATIONS OF
瑚、鱷魚、象牙、鯨骨、玳瑁等 ）製成或含 Ltd., which has its registered offi ce at Level LIABILITY TO BUYERS
有植物或動物材料之物品，不論其年份或價 The nature of the relationship between 54, Hopewell Centre, 183 Queen’s Road East, (a) Sotheby’s shall refund the Purchase Price
值，均可能須申領許可證或證書方可出口至 Sotheby’s, Sellers and Bidders and the Hong Kong; to the Buyer in circumstances where it deems
香港境外，且由香港境外國家進口時可能須 terms on which Sotheby’s (as auctioneer) Sotheby’s Company means Sotheby’s in that the lot is a Counterfeit and each of the
申領其他許可證或證書。務請注意，能取得 and Sellers contract with Bidders are set the USA and any of its subsidiaries (including conditions of the Authenticity Guarantee has
出口許可證或證書並不能確保可在另一國家 out below. Sotheby’s) and Sotheby’s Diamonds SA and been satisfi ed.
取得進口許可證或證書，反之亦然。例如， its subsidiaries (in each case ‘subsidiary’
進口非洲象牙至美國即屬非法。蘇富比建議 Bidders’ attention is specifi cally drawn to having the meaning of Section 2 of the (b) In the light of the matters in Condition
買家向相關政府查核有關野生動植物進口之 Conditions 3 and 4 below, which require Companies Ordinance Cap.622). 3 above and subject to Conditions 4(a) and
規定後再參與競投。買家須負責取得任何出 them to investigate lots prior to bidding 4(e), neither any Sotheby’s Company nor the
口或進口許可證及∕或證書，以及任何其他 and which contain specifi c limitations and 3. DUTIES OF BIDDERS AND OF Seller:
所需文件（ 請參閱載於本圖錄之買家業務規 exclusions of the legal liability of Sotheby’s SOTHEBY’S IN RESPECT OF ITEMS (i) is liable for any errors or omissions in
則第10 條 ）。 and Sellers. The limitations and exclusions FOR SALE
(a) Sotheby’s knowledge in relation to each lot information provided to Bidders by Sotheby’s
relating to Sotheby’s are consistent with is partially dependent on information provided (or any Sotheby’s Company), whether orally
5. 其他服務 its role as auctioneer of large quantities
to it by the Seller, and Sotheby’s is not able or in writing, whether negligent or otherwise,
of goods of a wide variety and Bidders to and does not carry out exhaustive due except as set out in Condition 3(f) above;
財務服務 蘇富比向客戶提供多種財務服 should pay particular attention to these diligence on each lot. Bidders acknowledge (ii) gives any guarantee or warranty to
務，其中括為委託提供預付款、及以不擬 Conditions. this fact and accept responsibility for carrying Bidders and any implied warranties and
出售之藝術收藏品作為抵押之貸款。本文並 out inspections and investigations to satisfy conditions are excluded (save in so far as
不構成建議或要約。本文所述之服務均須受 1. INTRODUCTION themselves as to the lots in which they may such obligations cannot be excluded by law)
制於該服務地區之法律及法規司法管轄。有 (a) Sotheby’s and Sellers’ contractual be interested. other than the express warranties given by
關進一步資料，請致電香港的蘇富比財務服 relationship with prospective Buyers is the Seller to the Buyer in Condition 2 of the
務部，電話號碼是+852 2822 8188，或倫 governed by: (b) Each lot off ered for sale at Sotheby’s is Sellers’ Conditions of Business;
敦的蘇富比財務服務部，電話號碼是+44 20 available for inspection by Bidders prior to the (iii) accepts responsibility to any Bidders
7293 5273。 (i) these Conditions of Business; sale. Sotheby’s accepts bids on lots solely in respect of acts or omissions (whether
(ii) the Conditions of Business for Sellers on the basis that Bidders (and independent negligent or otherwise) by Sotheby’s in
displayed in the saleroom and which are experts on their behalf, to the extent connection with the conduct of auctions or for
拍賣前估價 蘇富比樂意為閣下之物品提供拍
賣前初步估價，此項免費服務由香港蘇富比之 available upon request from Sotheby’s Hong appropriate given the nature and value of the any matter relating to the sale of any lot.
Kong salerooms or by telephoning (852)
專家提供，服務時間為周一至五上午九時三十 2524 8121; lot and the Bidder’s own expertise) have fully (c) Unless Sotheby’s owns a lot off ered for
分至下午四時三十分。本公司建議閣下與有關 (iii) Sotheby’s Authenticity Guarantee as inspected the lot prior to bidding and have sale, it is not responsible for any breach of
satisfi ed themselves as to both the condition
之專家部門作預約。如有所要求，本公司更會 printed in the sale catalogue; of the lot and the accuracy of its description. these conditions by the Seller.
到府上為閣下之物品提供拍賣前初步估價。 (iv) any additional notices and terms printed
in the sale catalogue including the Guide for (c) Bidders acknowledge that many lots are (d) Without prejudice to Condition 4(b), any
估值 估值部門就保險、遺囑認證及承繼權 Prospective Buyers; and of an age and type which means that they are claim against Sotheby’s or the Seller by a
劃分、資產管理及稅務方案需要提供物品之 (v) in respect of online bidding via the not in perfect condition. All lots are off ered Bidder is limited to the Purchase Price with
書面清單及估值。估值費用相宜，可因應不 internet, the BID now Conditions on the for sale in the condition they are in at the regard to that lot. Neither Sotheby’s nor the
同要求而作出，並能切合大部份需要。如欲 Sotheby’s website, time of the auction (whether or not Bidders Seller shall under any circumstances be liable
索取更多資料，請與有關之專家部門聯絡， in each case as amended by any saleroom are in attendance at the auction). Condition for any consequential losses.
電話號碼為(852) 2524 8121，傳真號碼為： notice or auctioneer’s announcement at the reports may be available to assist when
(852) 2810 6238。 auction. inspecting lots. Catalogue descriptions and (e) None of this Condition 4 shall exclude
condition reports may on occasions make or limit Sotheby’s liability in respect of any
(b) As auctioneer, Sotheby’s acts as agent reference to particular imperfections of a lot, fraudulent misrepresentation made by
for the Seller. A sale contract is made directly but Bidders should note that lots may have Sotheby’s or the Seller, or in respect of death
TAX INFORMATION FOR BUYERS
between the Seller and the Buyer. However, other faults not expressly referred to in the or personal injury caused by the negligent
Buyers from outside Hong Kong should note Sotheby’s may own a lot (and in such catalogue or condition report. Illustrations acts or omissions of Sotheby’s or the Seller.
that local sales taxes or use taxes may be- circumstances acts in a principal capacity as are for identifi cation purposes only and will
come payable upon import of items following Seller) and/or may have a legal, benefi cial or not convey full information as to the actual 5. BIDDING AT AUCTION
purchase (for example, the Use Tax payable fi nancial interest in a lot as a secured creditor condition of lots. (a) Sotheby’s has absolute discretion to
on import of purchased items to certain states or otherwise. refuse admission to the auction. Bidders
of the USA). (d) Information provided to Bidders in must complete a Paddle Registration Form
2. COMMON TERMS respect of any lot, including any estimate, and supply such information and references
Sotheby’s is currently registered to collect In these Conditions of Business: whether written or oral and including as required by Sotheby’s. Bidders act as
USA sales tax in the states of California and information in any catalogue, condition or principal unless they have Sotheby’s prior
New York. If the property is delivered into any Bidder is any person considering, making or other report, commentary or valuation, is written consent to bid as agent for another
of the states in which Sotheby’s is registered, attempting to make a bid, by whatever means, not a representation of fact but rather is party. Bidders are personally liable for their
and includes Buyers; a statement of opinion genuinely held by bid and are jointly and severally liable with
Sotheby’s is required by law to collect and their principal if bidding as agent.
remit the appropriate sales tax in eff ect in the Buyer is the person who makes the highest Sotheby’s. Any estimate may not be relied on
bid or off er accepted by the auctioneer, and as a prediction of the selling price or value of
state where the property is delivered.
includes such person’s principal when bidding the lot and may be revised from time to time (b) Sotheby’s advises Bidders to attend the
as agent; in Sotheby’s absolute discretion. auction but will seek to carry out absentee
Buyers should obtain their own tax advice written bids which are in Hong Kong dollars
Buyer’s Expenses are any costs or
from their tax advisors in this regard. and, in Sotheby’s opinion, clear and received
expenses due to Sotheby’s from the Buyer; (e) No representations or warranties are
Buyer’s Premium is the commission made by Sotheby’s or the Seller as to whether suffi ciently in advance of the sale of the lot,
買家稅務信息 payable by the Buyer on the Hammer Price at any lot is subject to copyright or whether the endeavouring to ensure that the fi rst received
of identical written bids has priority.
Buyer acquires copyright in any lot.
the rates set out in the Guide for Prospective
香港以外之買家應注意，當進口購買品時， Buyers; (f) Subject to the matters referred to at 3(a) (c) Where available, written, telephone
或須繳付當地之銷售稅或使用稅（例如進口 Counterfeit is as defi ned in Sotheby’s to 3(e) above and to the specifi c exclusions and internet bids are off ered as an
購買品至美國並付運到某些州份時，所需繳 Authenticity Guarantee; contained at Condition 4 below, Sotheby’s additional service for no extra charge, at the
付之銷售稅或使用稅）。 Hammer Price is the highest bid accepted shall exercise such reasonable care when Bidder’s risk and shall be undertaken with
by the auctioneer by the fall of the hammer, making express statements in catalogue reasonable care subject to Sotheby’s other
(in the case of wine, as apportioned pro-rata
蘇富比現時已在美國加利福尼亞州及紐約 by reference to the number of separately descriptions or condition reports as is commitments at the time of the auction;
州登記為美國銷售稅納稅人。根據有關法 identifi ed items in that lot), or in the case of a consistent with its role as auctioneer of lots in Sotheby’s therefore cannot accept liability
律，蘇富比付運購買品至已登記為美國銷售 post-auction sale, the agreed sale price; the sale to which these Conditions relate, and for failure to place such bids save where
稅納稅人之州份時，必須徵收並繳交相關 Purchase Price is the Hammer Price and in the light of such failure is unreasonable. Telephone and
之稅項。 applicable Buyer’s Premium; internet bids may be recorded. Internet bids
Reserve is the (confi dential) minimum (i) the information provided to it by the (“BID now ”) are made subject to the BID now
買家應自行向稅務顧問就此方面尋求稅務 Hammer Price at which the Seller has agreed Seller; Conditions available on the Sotheby’s website
now
意見。 to sell a lot; (ii) scholarship and technical knowledge; and or upon request. The BID Conditions apply
in relation to online bids, in addition to these
Seller is the person off ering a lot for sale (iii) the generally accepted opinions of
relevant experts, in each case at the time any Conditions of Business.
(including their agent (other than Sotheby’s), such express statement is made.
executors or personal representatives);
78 SOTHEBY’S 蘇富比