Page 217 - Sotheby's NYC September 20 2022 Forging An Empire Bronzes

(v) Payments in cryptocurrency (ix) You acknowledge the risks (viii) resell the Lot at the Buyer’s for any acts or omissions of third-party (v) If a purchased Lot is not collected risk and responsibility for wine or determine the extent of depreciation the right to cancel the sale under the
will not be accepted other than in inherent to the use of cryptocurrency, expense at auction or by private sale, packers or shippers. For Lots from within six months of the auction, the spirits casks will transfer to the Buyer to the Lot, if any, caused by the loss or terms of this Condition. To exercise the
accordance with this Condition 8(b). If including without limitation the risk with estimates and reserves set at a Wine & Spirits auction where we Buyer authorizes us, having given upon the fall of the hammer. For any damage and compensate the Buyer in Consumer Cancellation Right in relation
you make payment in cryptocurrency of faulty or insufficient hardware, our discretion, and in the event such arrange for domestic shipping at notice to the Buyer, to arrange a resale Lots stored at a third-party location respect of that loss up to the amount to a Lot, the Consumer must (1) notify
other than in accordance with software, and internet connections; resale is for less than the sum of the your request on your behalf, we will of the Lot by auction or private sale, and not available for collection from of the Purchase Price paid by the Buyer us of intention to cancel by a clear
Condition 8(b), including where we the risk of introduction or intrusion of Purchase Price and Buyer›s Expenses charge you a non-refundable fee at a with estimates and reserves at our our premises, your provision to us of for the Lot. statement (e.g. a letter sent by post,
determine or reasonably believe, in malicious code or software; the risk for that Lot, the Buyer will remain liable rate of 1% of the Purchase Price for all discretion. Any such sale conducted instructions authorizing the release (d) We will not be liable for any fax or email or you may use the model
our sole discretion, that any of your of hacking or unauthorized access for the shortfall together with all costs domestic shipments arranged. Such by a Sotheby’s Group Company will to you or your agent shall constitute loss or damage (1) caused by any cancellation form provided in Condition
representations and warranties are to your digital wallet or information incurred in such resale; fee covers property handling and be conducted under the standard collection by the Buyer. 12(c)) prior to the end of the Consumer
inaccurate, incomplete or breached, we stored therein, or of theft or diversion (ix) commence legal proceedings administration and bearing liability for Conditions of Business for Sellers and (ii) for Lots (or portions of Lots) that process undertaken by independent Cancellation Period, and (2) for Lots
may, in our sole discretion, return those of funds therefrom; volatility and to recover the Purchase Price and loss or damage to the Property while the Conditions of Business for Buyers, are not NFTs in timed auctions: (1) if contractors engaged with your that are not NFTs, return the Lot to us in
consent, including but not limited to
funds to you, hold you responsible for unstable or unfavorable exchange Buyer›s Expenses for that Lot, or to in our possession. We will only be liable if any, applicable to the relevant sale. we dispatch the Lot to the Buyer (using for restoration, conservation, framing the same condition as when you or your
all third-party fees (including, without rates; and the risk of unfavorable claim damages for the Buyer’s breach for breakage or loss during transit. All If the Lot sells, we will be entitled to the method of shipping the Buyer representative received it, by no later
limitation, network fees, taxes, transfer regulatory intervention and/or tax of contract, together with interest and packages must be inspected upon deduct from the sale proceeds our specified for the Lot), when the Lot or cleaning; (2) caused to frames or to than 14 calendar days after providing
fees, etc.), and require you to pay in the treatment in relation to transaction in the costs of such proceedings on a full receipt and breakage or loss reported standard seller’s commission and any comes into the physical possession of glass covering prints, paintings or other notice of intent to cancel.
flat works; or (3) caused by changes
fiat currency of the sale. In addition, in such currency. We will have no liability indemnity basis; and to us immediately upon delivery of other costs we incur in selling the Lot, the Buyer or the Buyer’s designated (ii) You shall return the Lot or deliver
the event we make any refund of Taxes for any of the foregoing. the property. We will not refund any and any excess will be remitted to the agent or (2) if collection by the Buyer in humidity or temperature (as long as it to us at such address as we may
to you and you paid such Taxes using 9. Consequences of Late- or Non- (x) release the name and address of shipping charges, packing charges, Buyer. we take reasonable care in handling specify for the purpose, without undue
cryptocurrency, you understand and payment the Buyer to the Seller to enable the or fees. (b) The provisions of this Condition is available, when the Buyer or the the Lot), normal wear and tear, gradual delay and in any event no later than 14
Buyer’s designated agent collects
agree that we, at our sole discretion, Seller to commence legal proceedings (iii) Following the auction, we will 10(b) apply to all Lots (or portions of the Lot, except that in either of the deterioration or inherent vice or defect calendar days from the day after which
may refund you (1) the same (a) The Buyer is required to pay the to recover the amounts due and legal invoice the Buyer, and such invoice Lots) that are NFTs: foregoing, risk and responsibility for (including woodworm), war, any act you notify us of your intention to cancel
amount(s) of the same cryptocurrency full Purchase Price for a Lot and any costs, and in such case, we will take may include a shipping quote or acts of terrorism (as defined by our your purchase of the Lot. This deadline
that you paid to us for such Taxes; (2) applicable Buyer’s Expenses in cleared reasonable steps to notify the Buyer outlining the Buyer’s shipping costs (i) In order to receive an NFT, you wine or spirits casks will transfer to the insurers), nuclear fission, radioactive is met if you send back the Lot before
Buyer upon the fall of the hammer. If
the amount(s) in fiat currency that we funds within five days of the auction. prior to releasing such details to the (the “Buyer’s Shipping Quote”). For must have a digital wallet that is you choose to exercise any right you contamination, or chemical, bio- the period of 14 calendar days has
invoiced to you for such Taxes; or (3) If the Buyer fails to do so without our Seller. international Buyers, the Buyer’s capable of supporting and accepting chemical or electromagnetic weapons. expired. You must bear the direct costs
the fiat currency equivalent at the time prior agreement, the Buyer will be (b) In the event the Buyer fails to pay Shipping Quote will be exclusive of the NFT, that you own, and to which may have to cancel the contract for If the Lot is an NFT, in addition to the of returning the Lot. If we arranged for
the refund is made of the amount(s) of in default. In any such case, without any or all of the Purchase Price for a any taxes or duties, and it is your you have access. You understand and the purchase of the Lot (in accordance above, we will not be liable for any the Lot to be delivered, we estimate
with the procedure set out at Condition
cryptocurrency that you paid for such prejudice to any rights or remedies the Lot and we elect to pay the Seller any responsibility to ascertain and pay all acknowledge that not all digital wallets loss related to damage or corruption that the cost of returning the Lot by the
Taxes. In no circumstance will you be Seller may have, we may in our sole portion or all of the sale proceeds, the international duties, custom charges, can support storage of a non-fungible 12 below), you acknowledge that the to the Referenced Content, failure of same means is likely to be similar to the
entitled to receive any appreciation discretion exercise one or more of the Buyer acknowledges that we will have taxes, charges and tariffs owed to token, and that if your wallet does not Lot is at your risk and that you should the NFT to reference the Referenced cost of delivery, but it is not possible
on the value of the cryptocurrency following rights or remedies in respect all of the rights that the Seller would the appropriate government entity support storage of the NFT purchased therefore insure the Lot against loss or Content, or loss of, or other security for us to be more accurate as to this
damage until it is returned to us.
that you provided to us as payment in of each Lot for which the Buyer has otherwise have against the Buyer for or that otherwise need to be paid by you, you may lose access to that or persistence issues related to, the cost due to the many variables involved
connection with a refund. failed to pay in full, to the fullest any such amount, whether at law, in prior to shipment and/or delivery NFT. If you fail to provide us with an (iii) For Lots (or portions of Lots) that Referenced Content. in our worldwide business model and
extent permitted by law, in addition to address for a digital wallet that is are NFTs: After transfer of the NFT to
(vi) Once you initiate a cryptocurrency any and all other rights or remedies equity, or under these Conditions of including any third-party charges capable of supporting and accepting (e) Upon your receipt of payment the means by which a return might be
transaction, the transaction cannot be available to us or the Seller by law or Business for Buyers. necessary to facilitate shipment. the NFT within five business days of the digital wallet specified by you, you from us for any loss or damage to a Lot made.
reversed; this is inherent in the nature in equity: (c) A defaulting Buyer will be deemed Once you have accepted the Buyer’s the conclusion of the sale, we may, are responsible for secure storage of in accordance with this Condition 11, (iii) If the foregoing conditions for
of cryptocurrencies and not a policy to have granted and assigned to us Shipping Quote and we have received in our sole discretion, treat the NFT the NFT in the wallet or other storage you, on your own behalf and on behalf exercising the Consumer Cancellation
set by us. You are responsible for (i) store the Lot at our premises or, if and each other Sotheby’s Group in full the Purchase Price, Buyer’s as transferred to you for purposes of mechanism you use to receive and/or of your insurer(s), irrevocably release Right are met, we will reimburse the
verifying that you have sent the correct the Lot is an NFT, in our or the Seller’s Company a continuing security interest Expenses and you have paid in full the Condition 11(a)(iii), treat the NFT Lot hold the NFT. You are solely responsible us and the Seller from all liability for Buyer for Purchase Price, if paid, plus
amount to the correct digital wallet digital wallet, or elsewhere at the of first priority in any property or amount stated in the Buyer’s Shipping as a Lot for which the Buyer has failed for any risks associated with the loss of or damage to such Lot and standard delivery charges, if we are
address. Buyer’s sole risk and expense; Quote by the payment deadline, we transferring, creating, holding, storing, irrevocably waive all rights and claims
money of or owing to such Buyer in to pay in full for purposes of Condition or use of NFTs or a digital wallet, as that you might have against us or the required to do so in accordance with
(vii) If you make payment in (ii) cancel the sale of the Lot; the possession, custody or control will arrange shipment of the Lot to 9, and hold you responsible for all applicable, including network failures Seller in connection with the same. the Consumer Cancellation Right. We
cryptocurrency from a digital wallet or (iii) set off any amounts owed to the of us or any other Sotheby’s Group you to the address you provided on resulting third-party fees (including, or disruptions; corrupted wallet files; will not process the reimbursement
your account following conclusion of
account, you represent and warrant Buyer by a Sotheby’s Group Company Company, in each case whether at the sale. Purchased Lots cannot be without limitation, custodial fees, viruses, phishing, bruteforcing, hacking, 12. CONSUMER CANCELLATION unless and until the Lot is returned
the following: (1) you own the digital against any amounts outstanding from the time of the applicable sale, the delivered to P.O. boxes, and we are insurance, network fees, taxes, transfer security breaches, mining attacks, or (a) Timed Auction Cancellation of to us or you have supplied us with
wallet and the cryptocurrency used the Buyer in respect of the Lot; default or if acquired at any time fees, etc.). other means of attack against the NFT; Purchase evidence of having returned the Lot
to make payment; (2) the digital thereafter, and we and each other unable to arrange delivery to those (ii) We or the Seller will mint or transfer risk of losing access to the NFT due to us.
locations specified as excluded zones
wallet or account is not directly (iv) apply any payments made to us Sotheby’s Group Company may retain in the shipping costs calculator that is the NFT to the digital wallet that you to loss of private key(s); custodial or (i) If you are a “Consumer” (namely (iv) We will make the reimbursement
or indirectly hosted, operated, or by the Buyer as part of the Purchase and apply such property or money as available on the Online Platform. If you have specified, after you have met the buyer error; regulatory interference a person acting for purposes that to the Buyer using the same method
otherwise controlled by anyone that Price and Buyer’s Expenses towards collateral security for the obligations conditions in Condition 8 herein and in one or more jurisdictions; token are wholly or mainly outside of your of payment as the Buyer used for the
is the subject of Sanctions or located, such Lot or any other Lot purchased due to us or to any other Sotheby’s request delivery of a Lot to any such subject to any additional timing or taxation; personal information trade, business, craft or profession) initial transaction, unless expressly
destination, we reserve the right to
resident, or organized in a Sanctioned by the Buyer, or to any shortfall on Group Company. We and each other require you to collect the Lot from us criteria included in the Catalogue or disclosure; uninsured losses; failure who habitually resides in the European agreed otherwise. We will not charge
Jurisdiction; (3) the cryptocurrency or the resale of any Lot pursuant to Sotheby’s Group Company will have or to arrange delivery of the Lot by a other descriptions of the Lot. We and to provide appropriate maintenance Union or United Kingdom and the the Buyer any fee in connection with
any other assets in the digital wallet or paragraph (viii) below, or to any all of the rights accorded a secured the Seller will transfer the NFT to the (including without limitation hosting); Seller is a “Trader” (namely a Seller processing the reimbursement.
account used for the bid or purchase damages suffered by us as a result of party under the New York Uniform third-party carrier. wallet address specified by you and are and other unanticipated risks. Neither acting for purposes relating to their
were not sourced from anyone that is breach of contract by the Buyer; Commercial Code. A defaulting Buyer (iv) If the Buyer pays the Purchase not responsible for confirming that you we nor the Seller will not be responsible trade, business, craft or profession, (v) We will not reimburse the Buyer for
the subject of Sanctions or located, (v) reject future bids from the hereby agrees that we and each other Price and Buyer›s Expenses but fails to have supplied us with the correct or a for any such risks or losses. whether acting personally or through any supplementary costs that arose if
resident, or organized in a Sanctioned Buyer or render such bids subject to Sotheby’s Group Company may collect a Lot within 30 calendar days of valid address. We and the Seller are not another person acting in the trader’s you chose a type of delivery other than
Jurisdiction; and (4) your payment payment of a deposit; file financing statements under the the conclusion of the auction, we will responsible if the transfer of the NFT to (b) Once risk passes to the Buyer, name or on the trader’s behalf), then the least expensive type of standard
in cryptocurrency will not cause (or New York Uniform Commercial Code store the Lot at the Buyer›s expense your wallet fails unless such failure is the the Buyer irrevocably releases us and you have the right to cancel your online delivery offered by us or any import
otherwise result in) us, Sellers, or (vi) charge interest at the annual without the Buyer’s signature. and risk at our premises or with a third result of us sending the NFT to a wallet each other Sotheby’s Group Company, purchase of goods (except for goods duties you incur as a result of you
anyone else to violate any Sanctions, percentage rate of 6% above the party. Please note that storage charges address other than the one provided our and their respective officers and that are personalized or made to the returning the Lot to us. We are entitled
anti-money laundering, anti-terrorism, prime rate, but in no event greater 10. COLLECTION AND DELIVERY OF can be found at https://www.sothebys. by you. employees, agents, warehouses and Buyer’s specifications) (the “Consumer to deduct from the reimbursement
PURCHASES
anti-bribery or anti-corruption laws, than the maximum rate permitted by com/en/about/services/sothebys- the Seller, from any and all claims, Cancellation Right”) for any reason the amount of any loss in value of
or any other applicable laws. We may, law, from the date on which payment (a) The provisions of this Condition fine-art-storage-facility. Regarding 11. RISK AND RESPONSIBILITY FOR causes of action, liabilities, damages, during the period of 14 calendar days the Lot that is caused as a result of
in our sole discretion, refuse payment is due to the date the Purchase Price 10(a) apply to all Lots (or portions of uncollected Lots from a Wine & Spirits LOTS losses, and expenses (including but not after you or your designated agent unnecessary handling by you.
in cryptocurrency from any Buyer if and relevant Buyer›s Expenses are Lots) that are not NFTs: auction, if a purchased Lot remains (a) Risk and responsibility for a limited to reasonable attorneys’ fees) (other than the carrier) acquires (vi) If you exercise a Consumer
we reasonably determine any of the received in cleared funds (both before (i) The Buyer is obliged to arrange uncollected after 90 days, we may purchased Lot will transfer to the Buyer for loss of or damage to the Lot. physical possession of the Lot or, if the Cancellation Right pursuant to
Buyer’s representations or warranties and after judgement); collection of purchased Lots no later send it to our wine warehouse, upon (c) Before risk and responsibility for a Lot is an NFT, after the date that you this Condition 12 and you paid any
are, or would be as a result of such (vii) retain or exercise a lien over which time applicable state and local as follows: purchased Lot transfers to the Buyer have submitted payment but before we amount(s) due using cryptocurrency,
payment, inaccurate, incomplete or any of the Buyer’s property that is in than 30 calendar days after the date sales tax will be charged. The Buyer (i) for Lots (or portions of Lots) that in accordance with this Condition 11, or the Seller have initiated the transfer we may, at our sole discretion, refund
of sale, or if applicable, within the
breached. the possession of a Sotheby’s Group time stipulated in the relevant sale hereby agrees to the Virtual Cellar are not NFTs in live auctions: on the we assume liability for loss or damage of the NFT to the wallet specified by you (1) the same amount(s) of the same
you (the “Consumer Cancellation
(viii) We shall have no liability Company, in which case we will inform information available on our website. Terms of Use, Storage Terms of Use earlier of: (1) collection of the Lot, or to a Lot, subject to the exclusions Period”). Once, however, we or the cryptocurrency that you paid to us; (2)
and Auto-Renewal Policy with regard to
st
for any payment made by you in the Buyer, and we may thereafter (2) the 31 calendar day after the sale, set out in paragraph (d) below. In the Seller have initiated the transfer of the amount(s) in fiat currency that we
cryptocurrency that is not received by arrange the sale of such property and (ii) Except as set out in this Condition the storage of such Lot(s), which can or if applicable, the expiry of the time event of loss or damage for which the NFT to the wallet specified by you, invoiced to you; or (3) the fiat currency
10(a)(ii), all packing and handling are
specified in the special sale information
be found at https://www.sothebyswine.
us for whatever reason. apply the proceeds to the amount at the Buyer›s risk. We will not be liable com/ny/storage. available on our website, except that we have assumed liability, we will you agree that you will no longer have equivalent, based on the exchange rate
outstanding;
214 POWER / CONQUEST: THE FORGING OF EMPIRES