Page 144 - Christie's Chinese Works of Art St. George November 2018 London

collect and remit the respective state’s sales highest bid or offer accepted by the Bidders are in attendance at the auction). (c) Unless Sotheby’s owns a lot offered for
/ use tax in effect on the total purchase price auctioneer, and includes such person’s Condition reports may be available to sale, it is not responsible for any breach of
(including hammer price, buyer’s premium, principal when bidding as agent; assist when inspecting lots. Catalogue these conditions by the Seller.
shipping costs and insurance) of such descriptions and condition reports may
items, regardless of the country in which “Buyer’s Expenses” are any costs or on occasions make reference to particular (d) Without prejudice to Condition 4(b), any
expenses due to Sotheby’s from the Buyer
claim against Sotheby’s or the Seller by a
the purchaser resides or is a citizen. Where imperfections of a lot, but Bidders should
the purchaser has provided Sotheby’s with and any Artist’s Resale Right levy payable in note that lots may have other faults not Bidder is limited to the Purchase Price with
regard to that lot. Neither Sotheby’s nor
respect of the sale of the Property, including
a valid Resale Exemption Certificate prior expressly referred to in the catalogue
to the release of the property, sales / use an amount in respect of any applicable VAT or condition report. Illustrations are for the Seller shall under any circumstances be
thereon;
liable for any consequential losses.
tax will not be charged. Clients who wish to identification purposes only and will not
provide resale or exemption documentation “Buyer’s Premium” is the commission convey full information as to the actual (e) None of this Condition 4 shall exclude
for their purchases should contact Post Sale payable by the Buyer on the Hammer Price condition of lots. or limit Sotheby’s liability in respect of
Services. at the rates set out in the guide to Buying (d) Information provided to Bidders in any fraudulent misrepresentation made
at Auction plus any applicable VAT or an by Sotheby’s or the Seller, or in respect
Clients who wish to have their purchased amount in lieu of VAT; respect of any lot, including any estimate, of death or personal injury caused by the
lots shipped to the US by Sotheby’s are whether written or oral and including negligent acts or omissions of Sotheby’s or
advised to contact the Post Sale Manager “Counterfeit” is as defined in Sotheby’s information in any catalogue, condition or the Seller.
listed in the front of this catalogue before Authenticity Guarantee; other report, commentary or valuation,
arranging shipping. is not a representation of fact but rather 5. BIDDING AT AUCTION
“Hammer Price” is the highest bid is a statement of opinion genuinely held
accepted by the auctioneer by the fall by Sotheby’s. Any estimate may not be (a) Sotheby’s has absolute discretion to
CONDITIONS OF BUSINESS of the hammer, (in the case of wine, as relied on as a prediction of the selling price refuse admission to the auction. Bidders
apportioned pro-rata by reference to the
FOR BUYERS number of separately identified items in that or value of the lot and may be revised must complete a Paddle Registration Form
and supply such information and references
The nature of the relationship between lot), or in the case of a post-auction sale, the from time to time in Sotheby’s absolute as required by Sotheby’s. Bidders act as
discretion.
Sotheby’s, Sellers and Bidders and the agreed sale price; principal unless they have Sotheby’s prior
terms on which Sotheby’s (as auctioneer) “Purchase Price” is the Hammer Price and (e) No representations or warranties are written consent to bid as agent for another
and Sellers contract with Bidders are set applicable Buyer’s Premium and VAT; made by Sotheby’s or the Seller as to party. Bidders are personally liable for their
out below. whether any lot is subject to copyright or bid and are jointly and severally liable with
“Reserve” is the (confidential) minimum whether the Buyer acquires copyright in their principal if bidding as agent.
Bidders’ attention is specifically drawn to Hammer Price at which the Seller has any lot.
Conditions 3 and 4 below, which require agreed to sell a lot; (b) Sotheby’s advises Bidders to attend
them to investigate lots prior to bidding (f) Subject to the matters referred to at 3(a) the auction but will seek to carry out
and which contain specific limitations and “Seller” is the person offering a lot for to 3(e) above and to the specific exclusions absentee written bids which are in pounds
exclusions of the legal liability of Sotheby’s sale (including their agent (other than contained at Condition 4 below, Sotheby’s sterling and, in Sotheby’s opinion, clear and
and Sellers. The limitations and exclusions Sotheby’s), executors or personal shall exercise such reasonable care when received sufficiently in advance of the sale
relating to Sotheby’s are consistent with representatives); making express statements in catalogue of the lot, endeavouring to ensure that the
its role as auctioneer of large quantities of “Sotheby’s” means Sotheby’s, the descriptions or condition reports as is first received of identical written bids has
goods of a wide variety and Bidders should unlimited company which has its registered consistent with its role as auctioneer of lots priority.
pay particular attention to these Conditions. office at 34-35 New Bond Street, London in the sale to which these Conditions relate, (c) Where available, written, telephone
W1A 2AA; and in the light of:
1. INTRODUCTION and online bids are offered as an additional
“Sotheby’s Company” means both (i) the information provided to it by the service for no extra charge, at the
(a) Sotheby’s and Sellers’ contractual Seller; Bidder’s risk and shall be undertaken with
relationship with prospective Buyers is Sotheby’s in the USA and any of its (ii) scholarship and technical knowledge; reasonable care subject to Sotheby’s other
subsidiaries (including Sotheby’s in
governed by: commitments at the time of the auction;
London) and Sotheby’s Diamonds SA and and
(i) these Conditions of Business; its subsidiaries (in each case “subsidiary” (iii) the generally accepted opinions of Sotheby’s therefore cannot accept liability
having the meaning of Section 1159 of for failure to place such bids save where
(ii) the Conditions of Business for Sellers the Companies Act 2006); relevant experts, in each case at the time such failure is unreasonable. Telephone
displayed in the saleroom and which are any such express statement is made. and online bids may be recorded. Online
available upon request from Sotheby’s UK “VAT” is Value Added Tax at the prevailing bids (“BidNOW”) are made subject to
salerooms or by telephoning +44 (0)20 rate. Further information is contained in the 4. EXCLUSIONS AND LIMITATIONS the BidNOW Conditions available on the
7293 6482; guide to Buying at Auction. OF LIABILITY TO BUYERS Sotheby’s website or upon request. The
(iii) Sotheby’s Authenticity Guarantee as 3. DUTIES OF BIDDERS AND (a) Sotheby’s shall refund the Purchase BidNOW Conditions apply in relation to
printed in the sale catalogue; OF SOTHEBY’S IN RESPECT Price to the Buyer in circumstances where online bids, in addition to these Conditions
OF ITEMS FOR SALE it deems that the lot is a Counterfeit and of Business.
(iv) any additional notices and terms printed each of the conditions of the Authenticity
in the sale catalogue, including the guide to (a) Sotheby’s knowledge in relation to each Guarantee has been satisfied. 6. CONDUCT OF THE AUCTION
Buying at Auction; and lot is partially dependent on information (a) Unless otherwise specified, all lots are
provided to it by the Seller, and Sotheby’s (b) In the light of the matters in Condition 3
(v) in respect of online bidding via the is not able to and does not carry out above and subject to Conditions 4(a) and offered subject to a Reserve, which shall be
internet, the BidNOWConditions on the exhaustive due diligence on each lot. 4(e), neither any Sotheby’s Company nor no higher than the low presale estimate at

Sotheby’s website, the Seller: the time of the auction.
Bidders acknowledge this fact and accept
in each case as amended by any saleroom responsibility for carrying out inspections (i) is liable for any errors or omissions (b) The auctioneer has discretion at any
notice or auctioneer’s announcement at and investigations to satisfy themselves as in information provided to Bidders by time to refuse any bid, withdraw any lot,
the auction. to the lots in which they may be interested. Sotheby’s (or any Sotheby’s Company), re-offer a lot for sale (including after the fall
(b) As auctioneer, Sotheby’s acts as agent (b) Each lot offered for sale at Sotheby’s whether orally or in writing, whether of the hammer) if he believes there may be
error or dispute, and take such other action
for the Seller. A sale contract is made is available for inspection by Bidders prior negligent or otherwise, except as set out in as he reasonably thinks fit.
directly between the Seller and the Buyer. to the sale. Sotheby’s accepts bids on Condition 3(f) above;
However, Sotheby’s may own a lot (and lots solely on the basis that Bidders (and (ii) gives any guarantee or warranty to (c) The auctioneer will commence and
in such circumstances acts in a principal independent experts on their behalf, to Bidders and any implied warranties and advance the bidding at levels and in
capacity as Seller) and/or may have a legal, the extent appropriate given the nature conditions are excluded (save in so far as increments he considers appropriate and
beneficial or financial interest in a lot as a and value of the lot and the Bidder’s own such obligations cannot be excluded by law) is entitled to place a bid or series of bids on
secured creditor or otherwise. expertise) have fully inspected the lot prior other than the express warranties given by behalf of the Seller up to the Reserve on the
to bidding and have satisfied themselves the Seller to the Buyer in Condition 2 of the lot, without indicating he is doing so and
2. COMMON TERMS as to both the condition of the lot and the Sellers’ Conditions of Business; whether or not other bids are placed.
In these Conditions of Business: accuracy of its description. (d) Subject to Condition 6(b), the contract
(iii) accepts responsibility to any Bidders
“Bidder” is any person considering, making (c) Bidders acknowledge that many lots in respect of acts or omissions (whether between the Buyer and the Seller is
or attempting to make a bid, by whatever are of an age and type which means that negligent or otherwise) by Sotheby’s in concluded on the striking of the auctioneer’s
means, and includes Buyers; they are not in perfect condition. All lots are connection with the conduct of auctions or hammer, whereupon the Buyer becomes
offered for sale in the condition they are in for any matter relating to the sale of any lot. liable to pay the Purchase Price.
“Buyer” is the person who makes the at the time of the auction (whether or not
142 SOTHEBY’S