Page 144 - Sotheby's Chinese Paintings Auction New York September 11, 2018
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or damage to the property ceases in   You hereby agree that Sotheby’s may   12. Export and Permits"It is the   obtains from eBay, Invaluable or
           accordance with this  paragraph. If   Þ le Þ nancing statements under the   purchaser’s sole responsibility to   other sources relating to its clients)
           any applicable conditions herein are   New York Uniform Commercial Code   identify and obtain any necessary   for the provision of auction and other
           not complied with by the purchaser,   without your signature. Payment   export, import, Þ rearm, endangered   art-related services, loan services,
           the purchaser will be in default and in   will not be deemed to have been   species or other permit for the   client administration, marketing and
           addition to any and all other remedies   made in full until we have collected   lot.  Any symbols or notices in the   otherwise to manage and operate
           available to us and the Consignor by   good funds. Any claims relating to   sale catalogue reß ect Sotheby’s   its business, or as required by law, in
           law, including, without limitation, the   any purchase, including any claims   reasonable opinion at the time of   accordance with Sotheby’s Privacy
           right to hold the purchaser liable for   under the Conditions of Sale or Terms   cataloguing and are for bidders’   Policy. This will include information
           the total purchase price, including   of Guarantee, must be presented   general guidance only; Sotheby’s   such as the client’s name and contact
           all fees, charges and expenses more   directly to Sotheby’s. In the event   and the Consignor make no   details, proof of identity, Þ nancial
           fully set forth herein, we, at our option,   the purchaser fails to pay any or all   representations or warranties as to   information, records of the client’s
           may (x) cancel the sale of that, or any   of the total purchase price for any lot   whether any lot is or is not subject to   transactions, and preferences. Some
           other lot or lots sold to the defaulting   and Sotheby’s nonetheless elects   export or import restrictions or any   gathering of information about
           purchaser at the same or any other   to pay the Consignor any portion   embargoes.  Sotheby’s clients will take place
           auction, retaining as liquidated   of the sale proceeds, the purchaser      using technical means to identify
           damages all payments made by the   acknowledges that Sotheby’s shall   13. Governing Law and Jurisdiction   their preferences in order to provide
           purchaser, or (y) resell the purchased   have all of the rights of the Consignor   These Conditions of Sale and Terms   a higher quality of service to them.
           property, whether at public auction   to pursue the purchaser for any   of Guarantee, as well as bidders’,   Sotheby’s may also disclose the
           or by private sale, or (z) e" ect any   amounts paid to the Consignor,   the purchaser’s and our respective   client information to other Sotheby’s
           combination thereof. In any case,   whether at law, in equity, or under   rights and obligations hereunder,   Companies and/or third parties acting
           the purchaser will be liable for any   these Conditions of Sale.  shall be governed by and construed   on their behalf to provide services for
           deÞ ciency, any and all costs, handling           and enforced in accordance with   these purposes.
           charges, late charges, expenses of   10. Reserve"All lots in this catalogue   the laws of the State of New York.   Sometimes, Sotheby’s may also
           both sales, our com missions on both   are o" ered subject to a reserve, which   By bidding at an auction, whether   disclose this information to carefully
           sales at our regular rates, legal fees   is the conÞ dential minimum hammer   present in person or by agent, order   selected third parties for their own
           and expenses, collection fees and   price at which a lot will be sold.  No   bid, telephone, online or other means,   marketing purposes.  If you do not
           incidental damages. We may, in our   reserve will exceed the low presale   all bidders including the purchaser,   wish your details to be used for this
           sole discretion, apply any proceeds of   estimate stated in the catalogue,   shall be deemed to have consented to   purpose, please email enquiries@
           sale then due or thereafter becoming   or as amended by oral or posted   the exclusive jurisdiction of the state   sothebys.com.
           due to the purchaser from us or any   notices. We may implement such   courts of, and the federal courts sitting   If the client provides Sotheby’s
           a#  liated company, or any payment   reserve by opening the bidding on   in, the State of New York. All parties   with information that is deÞ ned by
           made by the purchaser to us or any   behalf of the Consignor and may bid   agree, however, that Sotheby’s shall   European data protection laws as
           a#  liated company, whether or not   up to the amount of the reserve, by   retain the right to bring proceedings   “sensitive”, the client agrees that it
           intended to reduce the purchaser’s   placing successive or consecutive   in a court other than the state and   may be used for the purposes set out
           obligations with respect to the unpaid   bids for a lot, or bids in response to   federal courts sitting in the State of   above.
           lot or lots, to the deÞ ciency and any   other bidders. In instances where we   New York.   In the course of these disclosures,
           other amounts due to us or any   have an interest in the lot other than     personal data collected in the
           a#  liated companies. In addition, a   our commission, we may bid up to   14. Packing and Shipping"We are not   European Economic Area may
           defaulting purchaser will be deemed   the reserve to protect such interest.   responsible for the acts or omissions   be disclosed to countries outside
           to have granted and assigned to   In certain instances, the Consignor   in our packing or shipping of   the European Economic Area.
           us and our a#  liated companies, a   may pay us less than the standard   purchased lots or of other carriers or   Although such countries may
           continuing security interest of Þ rst   commission rate where a lot is   packers of purchased lots, whether or   not have legislation that protects
           priority in any property or money of   “bought-in” to protect its reserve.  not recommended by us. Packing and   a client’s personal information,
           or owing to such purchaser in our                 handling of purchased lots is at the   Sotheby’s shall take great care to
           possession, custody or control or in   11. Tax"Unless exempted by law,   entire risk of the purchaser.   keep such information secure and
           the possession, custody or control   the purchaser will be required to      in accordance with European data
           of any of our a#  liated companies, in   pay the combined New York State   15. Limitation of Liability"In no event   protection principles.  By agreeing to
           each case whether at the time of the   and local sales tax, any applicable   will the aggregate liability of Sotheby’s   these Conditions of Sale, the client is
           auction, the default or if acquired at   compensating use tax of another   and the consignor to a purchaser   agreeing to such disclosure.
           any time thereafter, and we may retain   state, and if applicable, any federal   exceed the purchase price actually   Please be aware that Sotheby’s
           and apply such property or money as   luxury or other tax, on the total   paid.  may Þ lm auctions or other activities
           collateral security for the obligations   purchase price. The rate of such   on Sotheby’s premises and that such
           due to us or to any a#  liated company   combined tax is 8.875% in New York   16. Data Protection"Sotheby’s  will   recordings may be transmitted over
           of ours. We shall have all of the rights   City and ranges from 7% to 8.625%   use information provided by its   the Internet via Sotheby’s website, the
           accorded a secured party under the   elsewhere in New York.  clients (or which Sotheby’s otherwise   eBay website, the Invaluable website
           New York Uniform Commercial Code.







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