Page 52 - Sotheby's Falancai Poppy Bowl Oct. 3, 2018

5. 其他服務 54, Hopewell Centre, 183 Queen’s Road East, conditions of the Authenticity Guarantee has
CONDITIONS OF BUSINESS Hong Kong; been satisfi ed.
財務服務 蘇富比向客戶提供多種財務服 Sotheby’s Company means Sotheby’s in
務，其中括為委託提供預付款、及以不擬 The nature of the relationship between the USA and any of its subsidiaries (including (b) In the light of the matters in Condition
出售之藝術收藏品作為抵押之貸款。本文並 Sotheby’s, Sellers and Bidders and the Sotheby’s) and Sotheby’s Diamonds SA and 3 above and subject to Conditions 4(a) and
不構成建議或要約。本文所述之服務均須受 terms on which Sotheby’s (as auctioneer) its subsidiaries (in each case ‘subsidiary’ 4(e), neither any Sotheby’s Company nor the
制於該服務地區之法律及法規司法管轄。有 and Sellers contract with Bidders are set having the meaning of Section 2 of the Seller:
關進一步資料，請致電香港的蘇富比財務服 out below. Companies Ordinance Cap.622).
務部，電話號碼是+852 2822 8188，或倫 (i) is liable for any errors or omissions in
information provided to Bidders by Sotheby’s
敦的蘇富比財務服務部，電話號碼是+44 20 Bidders’ attention is specifi cally drawn to 3. DUTIES OF BIDDERS AND OF (or any Sotheby’s Company), whether orally
7293 5273。 Conditions 3 and 4 below, which require SOTHEBY’S IN RESPECT OF ITEMS
FOR SALE or in writing, whether negligent or otherwise,
them to investigate lots prior to bidding except as set out in Condition 3(f) above;
拍賣前估價 蘇富比樂意為閣下之物品提供拍 and which contain specifi c limitations and (a) Sotheby’s knowledge in relation to each lot (ii) gives any guarantee or warranty to
is partially dependent on information provided
賣前初步估價，此項免費服務由香港蘇富比之 exclusions of the legal liability of Sotheby’s to it by the Seller, and Sotheby’s is not able Bidders and any implied warranties and
專家提供，服務時間為周一至五上午九時三十 and Sellers. The limitations and exclusions to and does not carry out exhaustive due conditions are excluded (save in so far as
分至下午四時三十分。本公司建議閣下與有關 relating to Sotheby’s are consistent with diligence on each lot. Bidders acknowledge such obligations cannot be excluded by law)
之專家部門作預約。如有所要求，本公司更會 its role as auctioneer of large quantities this fact and accept responsibility for carrying other than the express warranties given by
到府上為閣下之物品提供拍賣前初步估價。 of goods of a wide variety and Bidders out inspections and investigations to satisfy the Seller to the Buyer in Condition 2 of the
should pay particular attention to these themselves as to the lots in which they may Sellers’ Conditions of Business;
估值 估值部門就保險、遺囑認證及承繼權 Conditions. be interested. (iii) accepts responsibility to any Bidders
劃分、資產管理及稅務方案需要提供物品之 in respect of acts or omissions (whether
書面清單及估值。估值費用相宜，可因應不 1. INTRODUCTION (b) Each lot off ered for sale at Sotheby’s is negligent or otherwise) by Sotheby’s in
同要求而作出，並能切合大部份需要。如欲 (a) Sotheby’s and Sellers’ contractual available for inspection by Bidders prior to the connection with the conduct of auctions or for
索取更多資料，請與有關之專家部門聯絡， relationship with prospective Buyers is sale. Sotheby’s accepts bids on lots solely any matter relating to the sale of any lot.
電話號碼為(852) 2524 8121，傳真號碼為： governed by: on the basis that Bidders (and independent (c) Unless Sotheby’s owns a lot off ered for
(852) 2810 6238。 experts on their behalf, to the extent
(i) these Conditions of Business; appropriate given the nature and value of the sale, it is not responsible for any breach of
(ii) the Conditions of Business for Sellers lot and the Bidder’s own expertise) have fully these conditions by the Seller.
TAX INFORMATION FOR BUYERS displayed in the saleroom and which are inspected the lot prior to bidding and have (d) Without prejudice to Condition 4(b), any
available upon request from Sotheby’s Hong satisfi ed themselves as to both the condition
Buyers should note that local sales taxes or Kong salerooms or by telephoning (852) of the lot and the accuracy of its description. claim against Sotheby’s or the Seller by a
use taxes may become payable upon import 2524 8121; Bidder is limited to the Purchase Price with
of items following purchase (for example, use (iii) Sotheby’s Authenticity Guarantee as (c) Bidders acknowledge that many lots are regard to that lot. Neither Sotheby’s nor the
tax may be due when purchased items are printed in the sale catalogue; of an age and type which means that they are Seller shall under any circumstances be liable
imported into certain states in the US). Buyers (iv) any additional notices and terms printed not in perfect condition. All lots are off ered for any consequential losses.
should obtain their own advice in this regard. in the sale catalogue including the Guide for for sale in the condition they are in at the
Prospective Buyers; and time of the auction (whether or not Bidders (e) None of this Condition 4 shall exclude
In the event that Sotheby’s ships items for a (v) in respect of online bidding via the are in attendance at the auction). Condition or limit Sotheby’s liability in respect of any
internet, the BID now Conditions on the reports may be available to assist when fraudulent misrepresentation made by
purchaser in this sale to a destination within Sotheby’s or the Seller, or in respect of death
a US state in which Sotheby’s is registered to Sotheby’s website, inspecting lots. Catalogue descriptions and or personal injury caused by the negligent
in each case as amended by any saleroom condition reports may on occasions make
collect sales tax, Sotheby’s is obliged to collect acts or omissions of Sotheby’s or the Seller.
notice or auctioneer’s announcement at the reference to particular imperfections of a lot,
and remit the respective state’s sales /use tax
auction. but Bidders should note that lots may have
in eff ect on the total purchase price (including 5. BIDDING AT AUCTION
other faults not expressly referred to in the
hammer price, buyer’s premium, shipping (a) Sotheby’s has absolute discretion to
(b) As auctioneer, Sotheby’s acts as agent catalogue or condition report. Illustrations
costs and insurance), of such items, regard- refuse admission to the auction. Bidders
for the Seller. A sale contract is made directly are for identifi cation purposes only and will
less of the country in which the purchaser between the Seller and the Buyer. However, not convey full information as to the actual must complete a Paddle Registration Form
resides or is a citizen. Where the purchaser Sotheby’s may own a lot (and in such condition of lots. and supply such information and references
has provided Sotheby’s with a valid Resale circumstances acts in a principal capacity as as required by Sotheby’s. Bidders act as
Exemption Certifi cate prior to the release Seller) and/or may have a legal, benefi cial or (d) Information provided to Bidders in principal unless they have Sotheby’s prior
of the property, sales / use tax will not be fi nancial interest in a lot as a secured creditor respect of any lot, including any estimate, written consent to bid as agent for another
charged. Clients who wish to provide resale or or otherwise. whether written or oral and including party. Bidders are personally liable for their
exemption documentation for their purchases information in any catalogue, condition or bid and are jointly and severally liable with
should contact Post Sale Services. 2. COMMON TERMS other report, commentary or valuation, is their principal if bidding as agent.
In these Conditions of Business: not a representation of fact but rather is
a statement of opinion genuinely held by (b) Sotheby’s advises Bidders to attend the
Clients who wish to have their purchased lots auction but will seek to carry out absentee
shipped to the US by Sotheby’s are advised Bidder is any person considering, making or Sotheby’s. Any estimate may not be relied on written bids which are in Hong Kong dollars
to contact the Post Sale Manager listed in attempting to make a bid, by whatever means, as a prediction of the selling price or value of and, in Sotheby’s opinion, clear and received
the lot and may be revised from time to time
the front of this catalogue before arranging and includes Buyers; suffi ciently in advance of the sale of the lot,
Buyer is the person who makes the highest in Sotheby’s absolute discretion.
shipping. endeavouring to ensure that the fi rst received
bid or off er accepted by the auctioneer, and
includes such person’s principal when bidding (e) No representations or warranties are of identical written bids has priority.
買家稅務信息 as agent; made by Sotheby’s or the Seller as to whether (c) Where available, written, telephone
Buyer’s Expenses are any costs or any lot is subject to copyright or whether the and internet bids are off ered as an
Buyer acquires copyright in any lot.
買家稅務信息 買家請注意，當進口物品時， expenses due to Sotheby’s from the Buyer; additional service for no extra charge, at the
或須繳付當地之銷售稅或使用稅（例如進口 Buyer’s Premium is the commission (f) Subject to the matters referred to at 3(a) Bidder’s risk and shall be undertaken with
物品至美國並付運到某些州份時，或需繳 payable by the Buyer on the Hammer Price at to 3(e) above and to the specifi c exclusions reasonable care subject to Sotheby’s other
付使用稅）。買家應自行就此方面尋求稅 the rates set out in the Guide for Prospective contained at Condition 4 below, Sotheby’s commitments at the time of the auction;
務意見。 Buyers; shall exercise such reasonable care when Sotheby’s therefore cannot accept liability
Counterfeit is as defi ned in Sotheby’s
making express statements in catalogue for failure to place such bids save where
Authenticity Guarantee;
蘇富比付運本次拍賣之物品目的地為美國而 descriptions or condition reports as is such failure is unreasonable. Telephone and
蘇富比在此美國州登記為美國銷售稅納稅人 Hammer Price is the highest bid accepted consistent with its role as auctioneer of lots in internet bids may be recorded. Internet bids
by the auctioneer by the fall of the hammer,
時，蘇富比必須徵收並繳交當地之銷售或使 (in the case of wine, as apportioned pro-rata the sale to which these Conditions relate, and (“BID now ”) are made subject to the BID now
用稅，該稅項根據成交總額而定（總額括 by reference to the number of separately in the light of Conditions available on the Sotheby’s website
now
落鎚價、買家佣金、運送服務費用及保險） identifi ed items in that lot), or in the case of a or upon request. The BID Conditions apply
，買家不論居住國家或國籍為何，必須繳付 post-auction sale, the agreed sale price; (i) the information provided to it by the in relation to online bids, in addition to these
相關稅項。如買家於蘇富比付運物品前， Purchase Price is the Hammer Price and Seller; Conditions of Business.
向蘇富比提供有效之轉售豁免證明 (Resale applicable Buyer’s Premium; (ii) scholarship and technical knowledge; and 6. CONDUCT OF THE AUCTION
Exemption Certificate)，蘇富比將不會向買 Reserve is the (confi dential) minimum (iii) the generally accepted opinions of (a) Unless otherwise specifi ed, all lots are
家收取有關稅項。閣下如欲提供與本次交 Hammer Price at which the Seller has agreed relevant experts, in each case at the time any off ered subject to a Reserve, which shall be
such express statement is made.
易相關之轉售豁免證明 (Resale Exemption to sell a lot; no higher than the low presale estimate at the
Certificate)，請聯絡售後服務部。 Seller is the person off ering a lot for sale time of the auction.
(including their agent (other than Sotheby’s), 4. EXCLUSIONS AND LIMITATIONS OF
閣下如欲透過蘇富比將物品付運至美國，可 executors or personal representatives); LIABILITY TO BUYERS (b) The auctioneer has absolute discretion at
於付運前，按載於圖錄所載之電話號碼聯絡 Sotheby’s means Sotheby’s Hong Kong (a) Sotheby’s shall refund the Purchase Price any time to refuse or accept any bid, withdraw
售後服務部。 Ltd., which has its registered offi ce at Level to the Buyer in circumstances where it deems any lot, re-off er a lot for sale (including after
that the lot is a Counterfeit and each of the the fall of the hammer), and take such other
action as he reasonably thinks fi t.
50 SOTHEBY’S 蘇富比