Page 101 - Indian and Himalayan Art Mar 21, 2018 NYC

D THE BUYER’S PREMIUM AND TAXES not apply to any information other than in the with the terms of Christie’s Authenticity Warranty, of the following (as well as enforce our rights under
1 THE BUYER’S PREMIUM Heading even if shown in UPPERCASE type. provided that the original buyer notifies us with full paragraph F5 and any other rights or remedies we
In addition to the hammer price, the successful bidder (c) The authenticity warranty does not apply to any supporting evidence documenting the forgery claim have by law):
agrees to pay us a buyer’s premium on the hammer Heading or part of a Heading which is qualified. within twelve (12) months of the date of the auction. (i) we can charge interest from the due date at a rate of
price of each lot sold. On all lots we charge 25% of the Qualified means limited by a clarification in a lot’s Such evidence must be satisfactory to us that the up to 1.34% per month on the unpaid amount due;
hammer price up to and including US$250,000, 20% catalogue description or by the use in a Heading property is a forgery in accordance with paragraph (ii) we can cancel the sale of the lot. If we do this,
on that part of the hammer price over US$250,000 of one of the terms listed in the section titled E2(h)(ii) above and the property must be returned we may sell the lot again, publically or privately
and up to and including US$4,000,000, and 12.5% of Qualified Headings on the page of the catalogue to us in accordance with E2h(iii) above. Paragraphs on such terms we shall think necessary or
that part of the hammer price above US$4,000,000. headed “Important Notices and Explanation of E2(b), (c), (d), (e), (f) and (g) and (i) also apply to a appropriate, in which case you must pay us any
Cataloguing Practice”. For example, use of the term claim under these categories. shortfall between the purchase price and the
2 TAXES “ATTRIBUTED TO…” in a Heading means that proceeds from the resale. You must also pay all
The successful bidder is responsible for any applicable the lot is in Christie’s opinion probably a work by F PAYMENT costs, expenses, losses, damages and legal fees we
taxes including any sales or use tax or equivalent tax the named artist but no warranty is provided that 1 HOW TO PAY have to pay or may suffer and any shortfall in the
wherever such taxes may arise on the hammer price, the lot is the work of the named artist. Please read (a) Immediately following the auction, you must pay seller’s commission on the resale;
the buyer’s premium, and/or any other charges the full list of Qualified Headings and a lot’s full the purchase price being: (iii) we can pay the seller an amount up to the net
related to the lot. catalogue description before bidding. (i) the hammer price; and proceeds payable in respect of the amount bid
For lots Christie’s ships to or within the United States, (d) The authenticity warranty applies to the (ii) the buyer’s premium; and by your default in which case you acknowledge
a sales or use tax may be due on the hammer price, Heading as amended by any Saleroom Notice. (iii) any applicable duties, goods, sales, use, and understand that Christie’s will have all of
buyer’s premium, and/or any other charges related (e) The authenticity warranty does not apply where compensating or service tax, or VAT. the rights of the seller to pursue you for
to the lot, regardless of the nationality or citizenship of scholarship has developed since the auction leading Payment is due no later than by the end of the such amounts;
the successful bidder. Christie’s is currently required to to a change in generally accepted opinion. Further, 7th calendar day following the date of the auction (iv) we can hold you legally responsible for
collect sales tax for lots it ships to the following states: it does not apply if the Heading either matched the (the “due date”). the purchase price and may begin legal
California; Florida; Illinois; New York; and Texas. generally accepted opinion of experts at the date of the (b) We will only accept payment from the registered proceedings to recover it together with other
The applicable sales tax rate will be determined based auction or drew attention to any conflict of opinion. bidder. Once issued, we cannot change the buyer’s losses, interest, legal fees and costs as far as we are
upon the state, county, or locale to which the lot will (f) The authenticity warranty does not apply if the name on an invoice or re-issue the invoice in a different allowed by law;
be shipped. lot can only be shown not to be authentic by a name. You must pay immediately even if you want to (v) we can take what you owe us from any amounts
In accordance with New York law, if Christie’s arranges scientific process which, on the date we published export the lot and you need an export licence. which we or any company in the Christie’s
the shipment of a lot out of New York State, New the catalogue, was not available or generally accepted (c) You must pay for lots bought at Christie’s in the Group may owe you (including any deposit or
York sales tax does not apply, although sales tax or other for use, or which was unreasonably expensive or United States in the currency stated on the invoice in other part-payment which you have paid to us);
applicable taxes for other states may apply. If you hire impractical, or which was likely to have damaged one of the following ways: (vi) we can, at our option, reveal your identity and
a shipper (other than a common carrier authorized by the lot. (i) Wire transfer contact details to the seller;
Christie’s), to collect the lot from a Christie’s New York (g) The benefit of the authenticity warranty is only JP Morgan Chase Bank, N.A., (vii) we can reject at any future auction any bids made
location, Christie’s must collect New York sales tax available to the original buyer shown on the invoice 270 Park Avenue, New York, NY 10017; by or on behalf of the buyer or to obtain a
on the lot at a rate of 8.875% regardless of the ultimate for the lot issued at the time of the sale and only if ABA# 021000021; FBO: Christie’s Inc.; deposit from the buyer before accepting any bids;
destination of the lot. the original buyer has owned the lot continuously Account # 957-107978, (viii) we can exercise all the rights and remedies of
If Christie’s delivers the lot to, or the lot is collected between the date of the auction and the date of for international transfers, SWIFT: CHASUS33. a person holding security over any property
by, any framer, restorer or other similar service provider claim. It may not be transferred to anyone else. (ii) Credit Card. in our possession owned by you, whether by
in New York that you have hired, New York law (h) In order to claim under the authenticity warranty We accept Visa, MasterCard, American Express way of pledge, security interest or in any other
considers the lot delivered to the successful bidder in you must: and China Union Pay. A limit of $50,000 for way as permitted by the law of the place where
New York and New York sales tax must be imposed (i) give us written details, including full supporting credit card payment will apply. This limit is such property is located. You will be deemed
regardless of the ultimate destination of the lot. In this evidence, of any claim within 5 years of the date inclusive of the buyer’s premium and any to have granted such security to us and we may
circumstance, New York sales tax will apply to the lot of the auction; applicable taxes. Credit card payments at the retain such property as collateral security for
even if Christie’s or a common carrier (authorized by (ii) at Christie’s option, we may require you to New York premises will only be accepted for your obligations to us; and
Christie’s that you hire) subsequently delivers the lot provide the written opinions of two recognised New York sales. Christie’s will not accept credit (ix) we can take any other action we see necessary
outside New York. experts in the field of the lot mutually agreed by card payments for purchases in any other sale site. or appropriate.
Successful bidders claiming an exemption from sales tax you and us in advance confirming that the lot is To make a ‘cardholder not present’ (CNP) payment, (b) If you owe money to us or to another Christie’s
must provide appropriate documentation to Christie’s not authentic. If we have any doubts, we reserve you must complete a CNP authorisation form which Group company, we can use any amount you do
prior to the release of the lot or within 90 days after the right to obtain additional opinions at our you can get from our Post-Sale Services. You must send pay, including any deposit or other part-payment
the sale, whichever is earlier. For shipments to those expense; and a completed CNP authorisation form by fax to +1 212 you have made to us, or which we owe you, to pay
states for which Christie’s is not required to collect sales (iii) return the lot at your expense to the saleroom 636 4939 or you can mail to the address below. Details off any amount you owe to us or another Christie’s
tax, a successful bidder may have a use or similar tax from which you bought it in the condition it of the conditions and restrictions applicable to credit card Group company for any transaction.
obligation. It is the successful bidder’s responsibility to pay all was in at the time of sale. payments are available from our Post-Sale Services, whose
taxes due. Christie’s recommends you consult your own (i) Your only right under this authenticity warranty details are set out in paragraph (d) below. 5 KEEPING YOUR PROPERTY
independent tax advisor with any questions. is to cancel the sale and receive a refund of the (iii) Cash If you owe money to us or to another Christie’s
purchase price paid by you to us. We will not, We accept cash payments (including money Group company, as well as the rights set out in F4
E WARRANTIES under any circumstances, be required to pay you orders and traveller’s checks) subject to a above, we can use or deal with any of your property we
1 SELLER’S WARRANTIES more than the purchase price nor will we be liable maximum global aggregate of US$7,500 per hold or which is held by another Christie’s Group
for any loss of profits or business, loss of opportunity buyer per year at our Post-Sale Services only company in any way we are allowed to by law. We will
For each lot, the seller gives a warranty that the seller:
(a) is the owner of the lot or a joint owner of the lot or value, expected savings or interest, costs, damages, (iv) Bank Checks only release your property to you after you pay us or the
acting with the permission of the other co-owners other damages or expenses. You must make these payable to Christie’s Inc. relevant Christie’s Group company in full for what
or, if the seller is not the owner or a joint owner of (j) Books. Where the lot is a book, we give an and there may be conditions. you owe. However, if we choose, we can also sell your
the lot, has the permission of the owner to sell the additional warranty for 21 days from the date (v) Checks property in any way we think appropriate. We will use
lot, or the right to do so in law; and of the auction that any lot is defective in text or You must make checks payable to Christie’s Inc. the proceeds of the sale against any amounts you owe us
(b) has the right to transfer ownership of the lot to illustration, we will refund your purchase price, and they must be drawn from US dollar accounts and we will pay any amount left from that sale to you.
the buyer without any restrictions or claims by subject to the following terms: from a US bank. If there is a shortfall, you must pay us any difference
anyone else. (a) This additional warranty does not apply to: (d) You must quote the sale number, your invoice between the amount we have received from the sale and
If either of the above warranties are incorrect, the seller (i) the absence of blanks, half titles, tissue guards or number and client number when making a payment. the amount you owe us.
shall not have to pay more than the purchase price (as advertisements, damage in respect of bindings, All payments sent by post must be sent to:
defined in paragraph F1(a) below) paid by you to us. stains, spotting, marginal tears or other defects Christie’s Inc. Post-Sale Services, G COLLECTION AND STORAGE
The seller will not be responsible to you for any reason not affecting completeness of the text or 20 Rockefeller Center, New York, NY 10020. 1 COLLECTION
for loss of profits or business, expected savings, loss of illustration; (e) For more information please contact our Post-Sale (a) We ask that you collect purchased lots promptly
opportunity or interest, costs, damages, other damages (ii) drawings, autographs, letters or manuscripts, Services by phone at +1 212 636 2650 or fax at +1 following the auction (but note that you may not
or expenses. The seller gives no warranty in relation to signed photographs, music, atlases, maps 212 636 4939 or email PostSaleUS@christies.com. collect any lot until you have made full and clear
any lot other than as set out above and, as far as the seller or periodicals; payment of all amounts due to us).
is allowed by law, all warranties from the seller to you, (iii) books not identified by title; 2 TRANSFERRING OWNERSHIP TO YOU (b) Information on collecting lots is set out on the storage
and all other obligations upon the seller which may be (iv) lots sold without a printed estimate; You will not own the lot and ownership of the lot will and collection page and on an information sheet
added to this agreement by law, are excluded. (v) books which are described in the catalogue as not pass to you until we have received full and clear which you can get from the bidder registration staff or
sold not subject to return; or payment of the purchase price, even in circumstances Christie’s cashiers at +1 212 636 2495.
2 OUR AUTHENTICITY WARRANTY (vi) defects stated in any condition report or where we have released the lot to you. (c) If you do not collect any lot promptly following
announced at the time of sale.
We warrant, subject to the terms below, that the (b) To make a claim under this paragraph you must the auction we can, at our option, remove the lot
lots in our sales are authentic (our “authenticity 3 TRANSFERRING RISK TO YOU to another Christie’s location or an affiliate or third
warranty”). If, within 5 years of the date of the auction, give written details of the defect and return the The risk in and responsibility for the lot will transfer to party warehouse. Details of the removal of the lot
you satisfy us that your lot is not authentic, subject to lot to the sale room at which you bought it in you from whichever is the earlier of the following: to a warehouse, fees and costs are set out at the back
the same condition as at the time of sale, within
the terms below, we will refund the purchase price 21 days of the date of the sale. (a) When you collect the lot; or of the catalogue on the page headed ‘Storage and
paid by you. The meaning of authentic can be found in (b) At the end of the 30th day following the date of the Collection’. You may be liable to our agent directly
the glossary at the end of these Conditions of Sale. The (k) South East Asian Modern and Contemporary auction or, if earlier, the date the lot is taken into for these costs.
terms of the authenticity warranty are as follows: Art and Chinese Calligraphy and Painting. care by a third party warehouse as set out on the page (d) If you do not collect a lot by the end of the 30th day
In these categories, the authenticity warranty
(a) It will be honoured for a period of 5 years from the does not apply because current scholarship does not headed ‘Storage and Collection’, unless we have following the date of the auction, unless otherwise
date of the auction. After such time, we will not be agreed otherwise with you. agreed in writing:
obligated to honour the authenticity warranty. permit the making of definitive statements. Christie’s (i) we will charge you storage costs from that date.
(b) It is given only for information shown in does, however, agree to cancel a sale in either of 4 WHAT HAPPENS IF YOU DO NOT PAY (ii) we can, at our option, move the lot to or within
these two categories of art where it has been proven
UPPERCASE type in the first line of the the lot is a forgery. Christie’s will refund to the (a) If you fail to pay us the purchase price in full by an affiliate or third party warehouse and charge
catalogue description (the “Heading”). It does the due date, we will be entitled to do one or more
original buyer the purchase price in accordance