Page 151 - Sothebys Important Chinese Art London May 2018

Buyer’s risk. Sotheby’s will not be liable for the Seller. sion of auction and other art-related ser- or any other documents in connection
any acts or omissions of third party pack- vices, loan and insurance services, client with proceedings in any court by facsimile
ers or shippers. 9. FAILURE TO COLLECT PURCHASES administration, marketing and otherwise to transmission, personal service, delivery by
(f) The Buyer of any Þ rearm is solely (a) If the Buyer pays the Purchase Price manage and operate its business, or as re- mail or in any other manner permitted by
responsible for obtaining all valid Þ rearm and Buyer’s Expenses but fails to collect a quired by law. This will include information English law, the law of the place of service
or shotgun certiÞ cates or certiÞ cates of purchased lot within thirty calendar days such as the client’s name and contact de- or the law of the jurisdiction where pro-
registration as a Þ rearms dealer, as may be of the auction, the lot will be stored at the tails, proof of identity, Þ nancial information, ceedings are instituted, at the last address
required by the regulations in force in Eng- Buyer’s expense (and risk) at Sotheby’s or records of the client’s transactions, and of the Buyer or Seller known to Sotheby’s
land and Wales or Scotland (as applicable) with a third party. preferences. Some gathering of informa- or any other usual address.
relating to Þ rearms or other weapons at (b) If a purchased lot is paid for but not tion about Sotheby’s clients will take place
the time of the sale, and for complying with collected within six months of the auction, using technical means to identify their SOTHEBY’S GREENFORD PARK
all such regulations, whether or not notice the Buyer authorises Sotheby’s, having preferences in order to provide a higher STORAGE AND COLLECTION
of such is published in the Sale Catalogue. given notice to the Buyer, to arrange a re- quality of service to them. Sotheby’s may INFORMATION
Sotheby’s will not deliver a Þ rearm to a sale of the item by auction or private sale, also disclose the client information to other
Buyer unless the Buyer has Þ rst supplied with estimates and reserves at Sotheby’s Sotheby’s Companies and/or third parties Smaller items can normally be collected
evidence to Sotheby’s satisfaction of com- discretion. The proceeds of such sale, less acting on their behalf to provide services from New Bond Street, however large
pliance with this Condition. all costs incurred by Sotheby’s, will be for- for the purposes listed above. items may be sent to Sotheby’s Greenford
feited unless collected by the Buyer within Sometimes, Sotheby’s may also disclose Park Fine Art Storage Facility. If you are in
8. REMEDIES FOR NON!PAYMENT this information to carefully selected third doubt about the location of your purchases
two years of the original auction.
Without prejudice to any rights the Seller parties for their own marketing purposes. please contact the Sale Administrator (see
front of catalogue) prior to collection.
may have, if the Buyer without prior agree- 10. EXPORT AND PERMITS If you do not wish your details to be used
ment fails to make payment for the lot It is the Buyer’s sole responsibility to for this purpose, please email enquiries@ COLLECTION FROM NEW BOND STREET
within Þ ve days of the auction, Sotheby’s identify and obtain any necessary export, sothebys.com.
may in its sole discretion (having informed import, Þ rearm, endangered species or If the client provides Sotheby’s with Lots will be released to you or your
the Seller) exercise one or more of the fol- other permit for the lot. Any symbols or information that is deÞ ned by European authorised representative when full and
lowing remedies: notices in the sale catalogue reß ect So- data protection laws as “sensitive”, the cleared payment has been received by
Sotheby’s, together with settlement of any
(a) store the lot at its premises or else- theby’s reasonable opinion at the time of client agrees that it may be used for the removal, interest, handling and storage
where at the Buyer’s sole risk and expense; cataloguing and o! er Bidders general guid- purposes set out above. charges thereon, appropriate identiÞ cation
ance only. Without prejudice to Conditions
(b) cancel the sale of the lot; In the course of these disclosures, personal has been provided and a release note has
3 and 4 above, Sotheby’s and the Seller data collected in the European Economic
(c) set o! any amounts owed to the Buyer make no representations or warranties Area may be disclosed to countries outside been produced by our Post Sale Service
by a Sotheby’s Company against any as to whether any lot is or is not subject to the European Economic Area. Although Group at New Bond Street, who are open
amounts owed to Sotheby’s by the Buyer export or import restrictions or any embar- such countries may not have legislation Monday to Friday 9.00am to 5.00pm.
Any purchased lots that have not been
in respect of the lot; goes. The denial of any permit or licence that protects a client’s personal informa- collected within 30 days from the date of
(d) apply any payments made to Sotheby’s shall not justify cancellation or rescission of tion, Sotheby’s shall take reasonable steps the auction will be subject to handling and
by the buyer as part of the Purchase Price the sale contract or any delay in payment. to keep such information secure and in storage charges at the rates set out below.
and Buyer’s Expenses towards that or any accordance with European data protection In addition all purchased lots that have not
11. GENERAL
other lot purchased by the Buyer, or to any principles. By agreeing to these Conditions been collected from our New Bond Street
shortfall on the resale of any lot pursuant (a) All images and other materials pro- of Business, the client is agreeing to such premises within 90 days of the auction will
to paragraph (h) below, or to any damages duced for the auction are the copyright of disclosure. be transferred to Sotheby’s Greenford Park
su! ered by Sotheby’s as a result of breach Sotheby’s, for use at Sotheby’s discretion. Fine Art Storage Facility.
Please be aware that Sotheby’s may Þ lm
of contract by the Buyer; (b) Notices to Sotheby’s should be in writ- auctions or other activities on Sotheby’s
(e) reject future bids from the Buyer or ing and addressed to the department in premises and that such recordings may be Collect your property from:
Sotheby’s Property Collection
render such bids subject to payment of a charge of the sale, quoting the reference transmitted over the Internet via Sotheby’s Opening hours:
deposit; number speciÞ ed at the beginning of the website. Telephone bids may be recorded. Monday to Friday 9.00am to 5.00pm
sale catalogue. Notices to Sotheby’s cli-
(f) charge interest at 6% per annum above Under European data protection laws, a 34–35 New Bond Street
HSBC Bank plc Base Rate from the Due ents shall be addressed to the last address client may object, by request and free of London, W1A 2AA
Date to the date the Purchase Price and formally notiÞ ed by them to Sotheby’s. charge, to the processing of their informa- Tel: +44 (0)20 7293 5358
relevant Buyer’s Expenses are received (c) Should any provision of these Condi- tion for certain purposes, including direct Fax: +44 (0)20 7293 5933
in cleared funds (both before and after tions of Business be held unenforceable for marketing, and may access and rectify
judgement); any reason, the remaining provisions shall personal data relating to them and may COLLECTION FROM SOTHEBY’S
remain in full force and e! ect. obtain more information about Sotheby’s GREENFORD PARK FINE ART
(g) exercise a lien over any of the Buyer’s STORAGE FACILITY
property which is in the possession of (d) These Conditions of Business are not data protection policies by writing to So-
a Sotheby’s Company. Sotheby’s shall assignable by any Buyer without Sotheby’s theby’s, 34-35 New Bond Street, London Lots will be released to you or your
inform the Buyer of the exercise of any prior written consent, but are binding on W1A 2AA, or 1334 York Avenue, New York, authorised representative when full and
such lien and within 14 days of such notice Buyers’ successors, assigns and repre- NY 10021, Attn: Compliance or emailing cleared payment has been received by
may arrange the sale of such property and sentatives. No act, omission or delay by enquiries@sothebys.com. Sotheby’s, together with settlement of any
apply the proceeds to the amount owed to Sotheby’s shall be deemed a waiver or removal, interest, handling and storage
Sotheby’s; release of any of its rights. 13. LAW AND JURISDICTION charges thereon, appropriate identiÞ cation
Governing Law These Conditions of Busi- has been provided and a release note has
(h) resell the lot by auction or private sale, (e) The Contracts (Rights of Third Parties) been produced by our Post Sale Service
with estimates and reserves at Sotheby’s Act 1999 is excluded by these Conditions ness and all aspects of all matters, transac- Group at New Bond Street, who are open
discretion. In the event such resale is for of Business and shall not apply to any con- tions or disputes to which they relate or Monday to Friday 9.00am to 5.00pm.
less than the Purchase Price and Buyer’s tract made pursuant to them. apply (including any online bids in the sale Purchasers must ensure that their
to which these Conditions apply) shall be
Expenses for that lot, the Buyer will remain (f) The materials listed in Condition 1(a) payment has been cleared prior to
liable for the shortfall together with all governed by and interpreted in accordance
above set out the entire agreement and with English law. collection and that a release note has
costs incurred in such resale; understanding between the parties with been forwarded to Sotheby’s Greenford
(i) commence legal proceedings to recover respect to the subject matter hereof. It is Jurisdiction For the beneÞ t of Sotheby’s, Park by our Post Sale Service Group at
the Purchase Price and Buyer’s Expenses agreed that, save in respect of liability for all Bidders and Sellers agree that the Sotheby’s New Bond Street. Buyers who
for that lot, together with interest and the fraudulent misrepresentation, no party Courts of England are to have exclusive have established credit arrangements with
costs of such proceedings on a full indem- has entered into any contract pursuant to jurisdiction to settle all disputes arising in Sotheby’s may collect purchases prior to
nity basis; or these terms in reliance on any representa- connection with all aspects of all matters or payment, although a release note is still
tion, warranty or undertaking which is not transactions to which these Conditions of required from our Post Sale Service Group
(j) release the name and address of the Business relate or apply. All parties agree as above.
Buyer to the Seller to enable the Seller to expressly referred to in such materials. that Sotheby’s shall retain the right to bring
Any purchased lots that have not been
commence legal proceedings to recover 12. DATA PROTECTION proceedings in any court other than the collected within 30 days from the date of
the amounts due and legal costs. So- Courts of England.
theby’s will take reasonable steps to notify Sotheby’s will use information provided by the auction will be subject to handling and
storage charges at the rates set out below.
the Buyer prior to releasing such details to its clients (or which Sotheby’s otherwise Service of Process All Bidders and Sellers
obtains relating to its clients) for the provi- irrevocably consent to service of process
IMPORTANT CHINESE ART 149