Page 143 - Sotheby's Chinese Paintings Auction New York September 11, 2018

2. Inspection"Prospective bidders other anti-competitive agreement and Title in a purchased lot will not pass
CONDITIONS OF SALE
should inspect the property before are otherwise consistent with federal until Sotheby’s has received the full
The following Conditions of Sale and bidding to determine its condition, and state antitrust law. purchase price in cleared funds. The
Terms of Guarantee are Sotheby’s, size, and whether or not it has been In order to bid on “Premium Lots” purchaser’s obligation to immediately
Inc. and the Consignor’s entire repaired or restored. you must complete the required pay the full purchase price or such
agreement with the purchaser and any Premium Lot pre-registra tion part as we may require is absolute and
bidders relative to the property listed 3. Buyer’s Premium"A buyer’s application. Sotheby’s decision unconditional and is not subject to any
in this catalogue. premium will be added to the hammer whether to accept any pre-registration defenses, seto" s or counterclaims
The Conditions of Sale, Terms of price and is payable by the purchaser application shall be Þ nal. You must of any kind whatsoever. Sotheby’s is
Guarantee, the glossary, if any, and as part of the total purchase price. arrange for Sotheby’s to receive your not obligated to release a lot to the
all other contents of this catalogue The buyer’s premium is 25% of the pre-registration application at least purchaser until title to the lot has
are subject to amendment by us
by the posting of notices or by oral hammer price up to and including three working days before the sale. passed and any earlier release does
announcements made during the sale. $300,000, 20% of any amount Please bear in mind that we are unable not a" ect the passing of title or the
The property will be o! ered by us as in excess of $300,000 up to and to obtain Þ nancial references over purchaser’s unconditional obligation
agent for the Consignor, unless the including $4,000,000, and 12.9% of weekends or public holidays. to pay the full purchase price. In
catalogue indicates otherwise. any amount in excess of $4,000,000. Sotheby’s may require such addition to other remedies available
By partici pating in any sale, you necessary Þ nancial references, to us by law, we reserve the right to
acknowledge that you are bound by 4. Withdrawal"We reserve the right to guarantees, deposits and/or such impose from the date of sale a late
these terms and conditions. withdraw any property before the sale other security, in its absolute charge of the annual percentage rate
and shall have no liability whatsoever discretion, as security for your bid(s). of Prime + 6% of the total purchase
1. As Is Goods auctioned are often
for such withdrawal. price if payment is not made in
of some age. The authenticity of
7. Online Bids via BIDnow or other accordance with the conditions set
the Authorship (as deÞ ned below)
5. Per Lot"Unless otherwise Online Platforms: Sotheby’s may forth herein. Please note Sotheby’s
of property listed in the catalogue
announced by the auctioneer, all o" er clients the opportunity to bid reserves the right to refuse to accept
is guaranteed as stated in the
bids are per lot as numbered in the online via BIDnow, eBay, Invaluable or payment from a source other than the
Terms of Guarantee and except for
catalogue. other Online Platforms for selected buyer of record.
the Limited Warranty contained
sales. By participating in a sale via Unless otherwise agreed by
therein, all property is sold “AS IS”
6. Bidding"We reserve the right to any of these Online Platforms, you Sotheby’s, all property must be
without any representations or
reject any bid. The highest bidder acknowledge that you are bound by removed from our premises by the
warranties by us or the Consignor
acknowledged by the auctioneer will these Conditions of Sale as well as the purchaser at his expense not later
as to merchantability, Þ tness for a
be the purchaser. The auctioneer Additional Terms and Conditions for than 30 calendar days following
particular purpose, the correctness
has absolute and sole discretion Live Online Bidding (“Online Terms”). its sale. Purchasers are reminded
of the catalogue or other description
in the case of error or dispute with By participating in a sale via any that Sotheby’s liability for loss of or
of the physical condition, size, quality,
respect to bidding, and whether Online Platform, Bidders accept the damage to sold property shall cease
rarity, importance, medium, frame,
during or after the sale, to determine Online Terms, as well as the relevant upon the earlier of (a) 30 calendar
provenance, exhibitions, literature or
the successful bidder, to re-open Conditions of Sale. Online bidding may days after the date of the auction
historical relevance of any property
the bidding, to cancel the sale or to not be available for Premium Lots. and (b) our release of the property
and no statement anywhere, whether
re-o" er and re-sell the item in dispute. to the purchaser or the purchaser’s
oral or written, whether made in 8. Bids Below Reserve"If the
If any dispute arises after the sale, designated agent. Upon the expiration
the catalogue, an advertisement, auctioneer deter mines that any
our sale record is conclusive. In our of such 30 calendar day period
a bill of sale, a salesroom posting opening bid is below the reserve of the
discretion we will execute order or or upon such earlier release, as
or announcement, or elsewhere, article o" ered, he may reject the same
absentee bids and accept telephone applicable: (i) the purchaser bears
shall be deemed such a warranty, and withdraw the article from sale, and
bids and online bids via BIDnow, eBay, full liability for any and all loss of
representation or assumption of if, having acknowledged an opening
Invaluable or other online platforms or damage to the property; (ii) the
liability. We and the Consignor make bid, he deter mines that any advance
as a convenience to clients who are purchaser releases Sotheby’s, its
no representations and warranties, thereafter is insu# cient, he may reject
not present at auctions; Sotheby’s a# liates, agents and warehouses from
express or implied, as to whether the the advance.
is not responsible for any errors or any and all liability and claims for loss
purchaser acquires any copyrights,
omissions in connection there with. of or damage to the property; and (iii)
including but not limited to, any 9. Purchaser’s Responsibility"Subject
Prospective bidders should also the purchaser agrees to indemnify and
reproduction rights in any property. to fulÞ ll ment of all of the conditions
consult sothebys.com for the most up hold Sotheby’s, its a# liates, agents
We and the Consignor are not set forth herein, on the fall of the
to date cataloguing of the property in and warehouses harmless from and
responsible for errors and omissions auctioneer’s hammer, the contract
this catalogue. against any and all liability for loss of
in the catalogue, glossary, or any between the consignor and the
By participating in the sale, you or damage to property and any all
supplemental material. Sotheby’s will purchaser is concluded, and the
represent and warrant that any bids claims related to loss of or damage to
not be responsible or liable for damage winning bidder thereupon will
placed by you, or on your behalf, are the property as of and from and after
to frames and glass coverings, immediately pay the full purchase
not the product of any collusive or the time Sotheby’s liability for loss
regardless of the cause. price or such part as we may require.
143 SOTHEBY’S