Page 219 - Sotheby's NYC September 20 2022 Forging An Empire Bronzes

quoted by a financial entity designated of the Lot, though if we discover a connection with the Buyer’s interaction mechanisms, cryptocurrencies, correctness of the Guarantee Line and (h) Additional provisions specific to evidence your authority to enter into (g) Notices to us should be in writing
by us, at the time the refund is made of material error or omission in such with the Seller or any third party in blockchain technology, and the in any event by no later than the expiry Lots in Jewelry, Wine & Spirits, Tea and these Conditions of Business for and addressed to the department
the amount(s) of cryptocurrency that materials prior to the auction, we will connection with an Experience. use, characteristics, functionality, of the Guarantee Period, specifying the Books & Manuscripts auctions: Buyers. If you are an agent acting in charge of the sale, quoting the
you paid. In no circumstance will you be endeavor to provide a correction, time (ix) Without prejudice to Conditions programming, and/or other material Lot number and the date of the sale in (i) With respect to Lots containing on behalf of a principal, you shall reference number specified for the
entitled to receive any appreciation on permitting. 13(a)(i)-(viii), our and the Seller’s characteristics of all of the foregoing, which it was purchased, and providing any gemstone, jade or pearls, the also disclose to us the identity of the auction.
the value of the cryptocurrency that you (ii) We reserve the right to withdraw aggregate liability to you under these to fully understand and agree to all the information in the Buyer’s Guarantee Period for any claim principal and provide to us, upon our
provided to us as payment in connection any Lot before the conclusion of Conditions of Business for Buyers these Conditions of Business for possession in support of the Buyer’s that the gemstone or pearls are not request, verification of identity and 17. LAW AND JURISDICTION
with a refund. Buyers and the disclaimers and risks claim; and any additional information required This agreement will be governed by
the sale and will have no liability to for any claim relating to a Lot will not genuine or of natural origin is 21 days
(b) Cancellation of Delivery Services you for such withdrawal. Regarding exceed the amount of the Purchase outlined herein, or have consulted with (ii) return the Lot to us or, at our from the date of the sale. to comply with our Know Your Client and construed in accordance with
professional advisors in relation to the
requirements, applicable law with
the laws of the State of New York. In
Experiences, we reserve the right to Price of the Lot actually paid, except direction, to the Seller or another
(i) If you are a Consumer who withdraw any Experience before or in the case of our willful misconduct foregoing such that any participation third party, in the same condition as (ii) With respect to Lots sold in a Wine respect to you and the principal or the event of a dispute arising from or
habitually resides in the European after the sale, and we will have no or fraud, or in the case of death or by you in the auction of any NFT at the date of sale to the Buyer and be & Spirits or Tea auction, the Guarantee to evidence your authority to bid on relating to this agreement, you agree
Union or United Kingdom, then you liability to you for such withdrawal. personal injury caused by our negligent constitutes an informed acceptance of able to transfer good title in the Lot, Period is 21 days from the date of the behalf of and to bind the principal. We to submit to the exclusive jurisdiction
have the right to cancel the contract acts or omissions. such disclaimers and risks. free from any third-party interest or auction. reserve the right to seek identification of the state courts of and the federal
for any delivery services in connection (iii) We offer the Online Platforms 14. DATA PROTECTION claim(s) arising after the date of the (iii) With respect to Lots sold in of the source of funds received. If we courts sitting in the State and County
with your purchase of a Lot (the as a convenience to clients. The (b) In addition to the terms set forth sale. In addition, we may also require a Books & Manuscripts auction, have not completed our enquiries in of New York, though we will retain the
“Services Cancellation Right”) for application that enables participation in Condition 13(a) above and without (a) We will hold and process your the Buyer to obtain at the Buyer’s the Authenticity Guarantee also respect of Know Your Client, Sanctions, right to bring proceedings in a court
any reason during the period of 14 via the Online Platforms is optimized limiting Condition 3(j) above in any personal information and may share cost the reports of two independent includes a guarantee to the Buyer for anti-money laundering, anti-terrorist other than the state and federal courts
calendar days after the conclusion of for broadband connectivity (DSL way, NFTs shall be subject to the it with another Sotheby’s Group and recognized experts in the field, a Guarantee Period of 21 days from financing or other checks as we sitting in the State and County of New
the contract for delivery services (the or cable modem). Broadband or additional terms in this Condition Company for use as described in, mutually acceptable to us and the the date of the auction that, subject consider appropriate concerning you York.
“Services Cancellation Period”). other internet capacity constraints, 13(b). and in line with, our Privacy Policy Buyer. We will not be bound by any to Conditions 15(c)-(g), the Lot’s text (or your principal, if applicable) to our
corporate firewalls and other technical published on our website https:// satisfaction or if we are not satisfied Last Modified April 27, 2022
(ii) If you request us to begin problems beyond our reasonable (i) We are only selling the ownership such reports and we reserve the right and/or illustrations are not materially
performance of the delivery services control may create difficulties for rights to the NFT and in no way are www.sothebys.com/privacy-policy to seek additional expert advice at our defective. Subject to the following in our sole discretion with the results
or available on request by email to
of such enquiries, we may, in our sole
during the Services Cancellation Period some users including, for example, in we responsible for any resales or enquiries@sothebys.com. expense. exceptions, if we reasonably determine discretion, prohibit you or the principal BUYING AT AUCTION
and subsequently decide to exercise relation to accessing an auction via the secondary market sales of the NFT (e) We reserve, in our absolute that the text or illustrations in a Lot from bidding, or not complete, cancel
your right to cancel the provision Online Platforms and in maintaining or the Referenced Content or any (b) We may film auctions or other discretion as principal, the right to are materially defective, we will ensure The following will help in understanding
of services during the Services continuity of such access. Neither we iterations of the same. Any copyright(s) activities on any Sotheby’s Group reject a claim under the Authenticity that the sale is rescinded, and that the or rescind the sale of any Lot, including the auction buying process as well
refusing or returning any payment, as
as some of the terms and symbols
Cancellation Period, you shall pay nor the Seller will be liable to you for in and to the NFT and Referenced Company’s premises and such Guarantee if: Buyer is refunded the Purchase Price appropriate, and take any further action
us the amount in proportion to the any failure to execute bids through Content, including but not limited recordings may be transmitted over in the currency of the sale. We reserve required or permitted under applicable commonly used in an auction
value of the services that have been our Online Platforms, or errors or to, any reproduction rights in any the internet via our website https:// (i) the Guarantee Line was in the right to reject a claim under this catalogue. All bidders should read the
performed by the time you exercise omissions in connection therewith, Referenced Content, remain with the www.sothebys.com/privacy-policy accordance with the opinions of Condition 15(h) if: law without any liability to you. Conditions of Business for Buyers,
as well as the Glossary or any other
your cancellation right. We will make including, without limitation, errors creator(s) thereof, and the purchase or other Online Platforms or social scholars and experts, which are (1) the Lot comprises an atlas, an (b) You are personally liable for your
any reimbursement due to you not or failures caused by (1) any loss of of the NFT does not constitute an media. Online and telephone bids may generally accepted and known or extra-illustrated book, a volume with bid. If you are an agent acting on behalf notices. By bidding at auction,
later than 14 days after the date on connection between you and our assignment of any copyright(s) in and be recorded and you agree to such privately expressed to us, as at the fore-edged paintings, a periodical of a principal, you and your principal bidders are bound by the Conditions
which we are informed about your Online Platforms; (2) a breakdown on to the NFT or Referenced Content. recording. date of the sale, or the Lot description publication or a print or drawing; are bound by the terms of these of Business for Buyers, as amended
by any oral announcement or posted
decision to cancel the services. We will or problem with our Online Platforms (ii) Transfer of ownership to an NFT indicated that there was a conflict of Conditions of Business for Buyers
make the reimbursement to you using or other technical services; or (3) will not guarantee continuing access 15. AUTHENTICITY GUARANTEE such opinions; (2) in the case of a manuscript, the and jointly and severally assume your notices.
the same method of payment as you a breakdown or problem with your to the Referenced Content to which it (a) We, as principal, provide an (ii) the only method of establishing Lot was not described in the Catalogue obligations and liabilities under them. 1. SYMBOL KEY
used for the initial transaction, unless internet connection, computer, mobile relates and you further acknowledge Authenticity Guarantee to the Buyer, that the Guarantee Line was incorrect as complete; (c) We own the exclusive copyright
expressly agreed otherwise. We will device or system. and agree to the risks associated with subject to the following terms and at the date of the sale would have (3) the defect complained of was to all images and written material □ Reserves
not charge any fee in connection with purchasing, using, transferring, and conditions, that the information been by means or processes not mentioned in the Lot description or we produce relating to each Lot. You Unless indicated by a box (□), all lots
processing the reimbursement. (iv) We are not liable to you for any owning NFTs, as applicable, including, provided in the Guarantee Line (as then generally available or accepted, the item complained of was sold un- cannot use them without our prior in this catalogue are offered subject to
acts or omissions in connection defined) is correct. The “Guarantee
(c) To exercise a Consumer or with the conduct of the auction or but not limited to, telecommunications, unreasonably expensive or impractical named in a Lot; written permission. We may use them a reserve. A reserve is the confidential
Services Cancellation Right, you must for any matter relating to the sale of network, server, or blockchain failures, Line” for each Lot is set out on the to use, or likely to have caused damage (4) the defect complained of is not as we deem appropriate, to the extent minimum hammer price at which a lot
notify us of your intention to cancel by any Lot, other than as set out in the malfunctions, or disruptions; risk respective Lot page in the online or loss of value to the Lot; a defect in text or illustration, such permitted by law, before, during or will be sold. The reserve is generally
a clear statement (e.g. a letter sent by Authenticity Guarantee, or as may be of losing access to the NFT due to Catalogue on our website and, where (iii) the manner in which the as without limitation, damage to after the sale of a Lot. set at a percentage of the low estimate
post, fax or email) prior to the end of required by applicable law. lost or forgotten private key(s) or applicable, in the Guarantee Line Guarantee Line is said to be incorrect bindings, stains, foxing, marginal (d) The Conditions of Business for and will not exceed the low estimate
the Consumer or Services Cancellation password(s) or corrupted wallet files; Schedule in the hardcopy Catalogue is due only to damage, restoration, wormholes, lack of blank leaves or Buyers, including the Authenticity of the lot. If any lots in the catalogue
Period. Alternatively, you may use the (v) The Seller of any Lot is not liable mis-typed addresses or incorrectly (if any). Notwithstanding anything to modification work of any kind half titles or other conditions not Guarantee, and the express are offered without reserve, such lots
following model cancellation form: to you for any acts or omissions in constructed transactions; viruses, the contrary in this Condition 15, with (including repainting or over-painting) affecting the completeness of the text representations and warranties and will be designated by a box (□). If every
connection with any matter relating phishing, bruteforcing, hacking, respect to NFTs, unless otherwise lot in a catalogue is offered without a
To: Sotheby’s [insert the name of the to the sale of such Lot, other than a security breaches, mining attacks, set forth on the respective Lot page present at the time of the sale, or the or illustration, lack of list of plates, indemnity given by the Seller together reserve, the Conditions of Business for
company within the Sotheby’s Group breach of the express representations or other means of cyber-security on our website, the Guarantee Line inability of the manufacturer, maker inserted advertisements, cancels or are the entire agreement between us, Buyers will so state and this symbol will
conducting the relevant sale] is regarding the authorship of the or relevant archives to confirm the any subsequently published volume, the Seller and you with respect to the not be used for each lot.
and warranties given by the Seller. attack; custodial or buyer error; correctness of the Guarantee Line; or supplement, appendix or plates or subject matter hereof and supersedes
I/We* hereby give notice that I/We* (vi) Unless we own a Lot offered for regulatory interference in one or more Referenced Content, if any. The error in the enumeration of the plates, all prior or contemporaneous written, ○ Guaranteed Property
cancel [my/our online purchase of the sale, we are not responsible for any jurisdictions; token taxation; personal Guarantee Line may be amended by (iv) the manner in which the or is based on the age of hand-coloring oral or implied understandings,
following goods[*]][the provision of the breach of these Conditions of Business information disclosure; uninsured a salesroom or website posting or Guarantee Line is incorrect does not in maps, atlases or books; or representations or agreements The seller of lots with this symbol
following delivery services [*]], losses; and other unanticipated risks. announcement. Buyers should refer result in a material loss in value of has been guaranteed a minimum
for Buyers by the Seller. to the glossary of terms, if any, for an the Lot. (5) the manner in which the text or relating to the subject matter of price from one auction or a series
Ordered on [*]/received on [*], (iii) Neither you nor we nor the explanation of terminology used in the this agreement. If any part of this of auctions. This guarantee may be
(vii) Neither you nor we nor the illustrations are defective does not
Name of Consumer(s): Seller will be liable for any special, Seller will be liable for any special, Guarantee Line. (f) Subject to the above, if we result in a material loss in value of agreement is deemed invalid or provided by Sotheby’s or jointly by
unenforceable, such invalidity or
consequential, indirect, incidental
reasonably determine that the
consequential, indirect, incidental or the Lot. Sotheby’s and a third party. Sotheby’s
Address of Consumer(s): or punitive damages, including, as (b) The Authenticity Guarantee is Guarantee Line in respect of a Lot is unenforceability will not affect the
punitive damages. provided for a period of five years after and any third parties providing a
Signature of Consumer(s) [only if the applicable, damages relating to any of the date of the auction (the “Guarantee not correct, we will ensure that the (i) For the avoidance of any doubt, remaining provisions, which will remain guarantee jointly with Sotheby’s
the Authenticity Guarantee does not
notification is in hard copy] (viii) With respect to Experiences, no the risks or disclaimed attributes set Period”), except as otherwise provided sale is rescinded, and that the Buyer in full force and effect. No act, omission benefit financially if a guaranteed lot
Sotheby’s Group Company, nor our and forth in Condition 13(b)(iii). In addition is refunded the Purchase Price in the limit any rights or remedies that may or delay by us shall be deemed a is sold successfully and may incur
Date: their respective officers and employees, to the above, we will not be liable for below. currency of the sale. be available to the Buyer under the waiver or release of any of our rights. a loss if the sale is not successful.
will be liable for any negligent act any loss whatsoever related to damage applicable law and that cannot by
[*] Delete as appropriate (c) The Authenticity Guarantee is (g) The Buyer acknowledges and (e) These Conditions of Business for A third party providing a guarantee
or omission of any person or entity or corruption to the Referenced provided solely for the benefit of the law be excluded or limited by these jointly with Sotheby’s may provide an
13. EXCLUSIONS AND LIMITATIONS providing any goods or services Content, failure of the NFT to reference Buyer and cannot be transferred to any agrees that rescission of the sale and Conditions of Business for Buyers. Buyers are binding upon, and inures to irrevocable bid, or otherwise bid, on the
the benefit of, you, your estate, heirs,
the refund of the Purchase Price is the
OF LIABILITY arising out of or in connection with the Referenced Content, or loss of, or third party. Buyer’s sole remedy available under 16. MISCELLANEOUS executors, devisees, representatives, guaranteed property. If this auction has
the fulfillment of an Experience or the other security or persistence issues
(a) Generally (d) To claim under the Authenticity the Authenticity Guarantee and is in administrators, successors and a printed catalogue, a PDF catalogue
Buyer’s participation in the Experience, related to, the Referenced Content. (a) You shall provide to us, upon our or both and the guaranteed property
(i) Neither we nor the Seller will or for any claims, causes of action, (iv) You have sufficient Guarantee, the Buyer must: lieu of any other remedy that might request, verification of identity and permitted assigns. symbol for a lot is not included in such
otherwise be available to the Buyer as
be liable for errors or omissions in liabilities, damages, losses, or expenses understanding of NFTs, digital (i) notify us in writing within three a matter of law or in equity. any additional information required (f) You may not assign or delegate catalogue or if there is no printed
the glossary of terms, if any, or the (including but not limited to reasonable months of receiving any information to comply with our Know Your Client your rights or obligations under these catalogue or PDF catalogue and the
Catalogue or other descriptions attorneys’ fees) arising out of or in wallets and other storage that causes the Buyer to question the requirements, applicable law or to Conditions of Business for Buyers guaranteed property symbol for a
without our prior written consent. lot is not included at the time the
216 POWER / CONQUEST: THE FORGING OF EMPIRES