Page 145 - Christie's Chinese Works of Art St. George November 2018 London

(e) Any post-auction sale of lots offered at respect of the lot; any embargoes. The denial of any permit data collected in the European Economic
auction shall incorporate these Conditions or licence shall not justify cancellation or Area may be disclosed to countries outside
as if sold in the auction. (d) apply any payments made to Sotheby’s rescission of the sale contract or any delay the European Economic Area. Although
by the buyer as part of the Purchase Price in payment. such countries may not have legislation that
7. PAYMENT AND COLLECTION and Buyer’s Expenses towards that or any protects a client’s personal information,
other lot purchased by the Buyer, or to any 11. GENERAL
(a) Unless otherwise agreed, payment of shortfall on the resale of any lot pursuant Sotheby’s shall take reasonable steps
the Purchase Price for a lot and any Buyer’s to paragraph (h) below, or to any damages (a) All images and other materials produced to keep such information secure and in
Expenses are due by the Buyer in pounds suffered by Sotheby’s as a result of breach for the auction are the copyright of accordance with European data protection
sterling immediately on conclusion of the of contract by the Buyer; Sotheby’s, for use at Sotheby’s discretion. principles. By agreeing to these Conditions
auction (the “Due Date”) notwithstanding (b) Notices to Sotheby’s should be in of Business, the client is agreeing to such
any requirements for export, import or (e) reject future bids from the Buyer or disclosure.
other permits for such lot. render such bids subject to payment of a writing and addressed to the department Please be aware that Sotheby’s may film
deposit; in charge of the sale, quoting the reference
(b) Title in a purchased lot will not pass number specified at the beginning of the auctions or other activities on Sotheby’s
until Sotheby’s has received the Purchase (f) charge interest at 6% per annum above sale catalogue. Notices to Sotheby’s clients premises and that such recordings may be
Price and Buyer’s Expenses for that lot in HSBC Bank plc Base Rate from the Due shall be addressed to the last address transmitted over the Internet via Sotheby’s
cleared funds. Sotheby’s is not obliged to Date to the date the Purchase Price and formally notified by them to Sotheby’s. website. Telephone bids may be recorded.
release a lot to the Buyer until title in the lot relevant Buyer’s Expenses are received (c) Should any provision of these Conditions Under European data protection laws,
has passed and appropriate identification in cleared funds (both before and after of Business be held unenforceable for any a client may object, by request and free
has been provided, and any earlier release judgement); reason, the remaining provisions shall of charge, to the processing of their
does not affect the passing of title or the (g) exercise a lien over any of the Buyer’s remain in full force and effect. information for certain purposes, including
Buyer’s unconditional obligation to pay the property which is in the possession of direct marketing, and may access and
Purchase Price and Buyer’s Expenses. a Sotheby’s Company. Sotheby’s shall (d) These Conditions of Business are rectify personal data relating to them
(c) The Buyer is obliged to arrange inform the Buyer of the exercise of any not assignable by any Buyer without and may obtain more information about
Sotheby’s prior written consent, but are
collection of purchased lots no later than such lien and within 14 days of such notice Sotheby’s data protection policies by writing
thirty (30) calendar days after the date may arrange the sale of such property and binding on Buyers’ successors, assigns and to Sotheby’s, 34-35 New Bond Street,
representatives. No act, omission or delay
of the auction. Purchased lots are at the apply the proceeds to the amount owed to London W1A 2AA, or 1334 York Avenue,
Buyer’s risk (and therefore their sole Sotheby’s; by Sotheby’s shall be deemed a waiver or New York, NY 10021, Attn: Compliance or
release of any of its rights.
responsibility for insurance) from the (h) resell the lot by auction or private sale, emailing enquiries@sothebys.com.
earliest of i) collection or ii) the thirty-first with estimates and reserves at Sotheby’s (e) The Contracts (Rights of Third Parties) 13. LAW AND JURISDICTION
calendar day after the auction. Until risk discretion. In the event such resale is for Act 1999 is excluded by these Conditions of
passes, Sotheby’s will compensate the less than the Purchase Price and Buyer’s Business and shall not apply to any contract Governing Law These Conditions of
Buyer for any loss or damage to the lot Expenses for that lot, the Buyer will remain made pursuant to them. Business and all aspects of all matters,
up to a maximum of the Purchase Price liable for the shortfall together with all costs (f) The materials listed in Condition 1(a) transactions or disputes to which they
paid. Buyers should note that Sotheby’s incurred in such resale; relate or apply (including any online bids in
assumption of liability for loss or damage above set out the entire agreement and the sale to which these Conditions apply)
understanding between the parties with
is subject to the exclusions set out in (i) commence legal proceedings to recover shall be governed by and interpreted in
Condition 6 of the Conditions of Business the Purchase Price and Buyer’s Expenses respect to the subject matter hereof. It is accordance with English law.
agreed that, save in respect of liability for
for Sellers. for that lot, together with interest and
the costs of such proceedings on a full fraudulent misrepresentation, no party has Jurisdiction For the benefit of Sotheby’s, all
(d) For all items stored by a third party and indemnity basis; or entered into any contract pursuant to these Bidders and Sellers agree that the Courts of
not available for collection from Sotheby’s terms in reliance on any representation, England are to have exclusive jurisdiction to
premises, the supply of authority to release (j) release the name and address of the warranty or undertaking which is not settle all disputes arising in connection with
to the Buyer shall constitute collection by Buyer to the Seller to enable the Seller to expressly referred to in such materials. all aspects of all matters or transactions to
the Buyer. commence legal proceedings to recover the which these Conditions of Business relate or
amounts due and legal costs. Sotheby’s will 12. DATA PROTECTION apply. All parties agree that Sotheby’s shall
(e) All packing and handling is at the Buyer’s take reasonable steps to notify the Buyer retain the right to bring proceedings in any
risk. Sotheby’s will not be liable for any prior to releasing such details to the Seller. Sotheby’s will use information provided by
acts or omissions of third party packers or its clients (or which Sotheby’s otherwise court other than the Courts of England.
shippers. 9. FAILURE TO COLLECT PURCHASES obtains relating to its clients) for the Service of Process All Bidders and Sellers
provision of auction and other art-related irrevocably consent to service of process
(f) The Buyer of any firearm is solely (a) If the Buyer pays the Purchase Price services, loan and insurance services, or any other documents in connection
responsible for obtaining all valid firearm and Buyer’s Expenses but fails to collect a client administration, marketing and with proceedings in any court by facsimile
or shotgun certificates or certificates of purchased lot within thirty calendar days otherwise to manage and operate its transmission, personal service, delivery
registration as a firearms dealer, as may of the auction, the lot will be stored at the business, or as required by law. This will by mail or in any other manner permitted
be required by the regulations in force Buyer’s expense (and risk) at Sotheby’s or include information such as the client’s by English law, the law of the place of
in England and Wales or Scotland (as with a third party. name and contact details, proof of identity, service or the law of the jurisdiction where
applicable) relating to firearms or other (b) If a purchased lot is paid for but not financial information, records of the client’s proceedings are instituted, at the last
weapons at the time of the sale, and for collected within six months of the auction, transactions, and preferences. Some address of the Buyer or Seller known to
complying with all such regulations, whether the Buyer authorises Sotheby’s, having gathering of information about Sotheby’s Sotheby’s or any other usual address.
or not notice of such is published in the given notice to the Buyer, to arrange a clients will take place using technical means
Sale Catalogue. Sotheby’s will not deliver a resale of the item by auction or private sale, to identify their preferences in order to
firearm to a Buyer unless the Buyer has first with estimates and reserves at Sotheby’s provide a higher quality of service to them. ADDITIONAL TERMS AND
supplied evidence to Sotheby’s satisfaction discretion. The proceeds of such sale, Sotheby’s may also disclose the client CONDITIONS FOR LIVE ONLINE
of compliance with this Condition. information to other Sotheby’s Companies
less all costs incurred by Sotheby’s, will BIDDING VIA BIDNOW
8. REMEDIES FOR NON-PAYMENT be forfeited unless collected by the Buyer and/or third parties acting on their behalf The following terms and conditions
within two years of the original auction. to provide services for the purposes listed
Without prejudice to any rights the Seller above. (the “Online Terms”) provide
may have, if the Buyer without prior 10. EXPORT AND PERMITS important information related to
agreement fails to make payment for the It is the Buyer’s sole responsibility to Sometimes, Sotheby’s may also disclose live online bidding via BIDnow, eBay,
this information to carefully selected third
lot within five days of the auction, Sotheby’s Invaluable, and any other Online
may in its sole discretion (having informed identify and obtain any necessary export, parties for their own marketing purposes. Platform through which bidding is
If you do not wish your details to be used
import, firearm, endangered species
the Seller) exercise one or more of the made available (“Online Platforms).
following remedies: or other permit for the lot. Any symbols for this purpose, please email enquiries@ These Online Terms are in addition to
or notices in the sale catalogue reflect sothebys.com.
(a) store the lot at its premises or elsewhere Sotheby’s reasonable opinion at the time If the client provides Sotheby’s with and subject to the same law and our
at the Buyer’s sole risk and expense; of cataloguing and offer Bidders general information that is defined by European standard Conditions of Business for
guidance only. Without prejudice to Sellers, Conditions of Business for Buyers,
(b) cancel the sale of the lot; data protection laws as “sensitive”, the the authenticity guarantee and any other
Conditions 3 and 4 above, Sotheby’s and client agrees that it may be used for the
(c) set off any amounts owed to the Buyer the Seller make no representations or purposes set out above. terms that are applicable to the relevant
by a Sotheby’s Company against any warranties as to whether any lot is or is not sale (together “Conditions of Business”),
amounts owed to Sotheby’s by the Buyer in subject to export or import restrictions or In the course of these disclosures, personal and are not intended in any way to replace
ST GEORGE STREET SALE: CHINESE ART 143