Page 148 - 2019 October Christie's Pavillion Sale Hong Kong

Sale Services Department on +852 2760 1766 or are excluded. The seller’s warranties contained in remedy, nor shall it prevent or restrict the further
email to postsaleasia@christies.com. paragraph E1 are their own and we do not have any exercise of that or any other right or remedy. No
(b) Lots made of protected species liability to you in relation to those warranties. single or partial exercise of such right or remedy
Lots made of or including (regardless of the (b) (i) We are not responsible to you for any reason shall prevent or restrict the further exercise of that or
percentage) endangered and other protected species (whether for breaking this agreement or any other any other right or remedy.
of wildlife are marked with the symbol ~ in the matter relating to your purchase of, or bid for, any
catalogue. This material includes, among other things, lot) other than in the event of fraud or fraudulent 9 LAW AND DISPUTES
ivory, tortoiseshell, crocodile skin, rhinoceros horn, misrepresentation by us or other than as expressly The rights and obligations of the parties with
whalebone certain species of coral, and rosewood. set out in these conditions of sale; and respect to these Conditions of Sale, the conduct of
You should check the relevant customs laws and (ii) We do not give any representation, warranty or the auction and any matters connected with any
regulations before bidding on any lot containing guarantee or assume any liability of any kind in respect of the foregoing shall be governed and interpreted
wildlife material if you plan to import the lot into of any lot with regard to merchantability, fitness for a by the Hong Kong laws. By bidding at auction,
another country. Several countries refuse to allow particular purpose, description, size, quality, condition, whether present in person or by agent, by written
you to import property containing these materials, attribution, authenticity, rarity, importance, medium, bid, telephone or other means, the buyer shall
and some other countries require a licence from provenance, exhibition history, literature, or historical be deemed to have accepted these Conditions
the relevant regulatory agencies in the countries of relevance. Except as required by local law, any and submitted, for the benefit of Christie’s, to the
exportation as well as importation. In some cases, the warranty of any kind is excluded by this paragraph. exclusive jurisdiction of the Hong Kong courts, and
lot can only be shipped with an independent scientific (c) In particular, please be aware that our written also accepted that Christie’s also has the right to
confirmation of species and/or age and you will need to and telephone bidding services, Christie’s LIVE™, pursue remedies in any other jurisdiction in order to
obtain these at your own cost. If a lot contains elephant condition reports, currency converter and saleroom recover any outstanding sums due from the buyer.
ivory, or any other wildlife material that could be video screens are free services and we are not
confused with elephant ivory, (for example, mammoth responsible to you for any error (human or otherwise), 10 REPORTING ON WWW.CHRISTIES.COM
ivory, walrus ivory, helmeted hornbill ivory) please see omission, breakdown, or delay, unavailability, Details of all lots sold by us, including catalogue
further important information in paragraph (c) if you suspension or termination of any of these services. descriptions and prices, may be reported on www.
are proposing to import the lot into the USA. We will (d) We have no responsibility to any person other christies.com. Sales totals are hammer price plus
not be obliged to cancel your purchase and refund than a buyer in connection with the purchase of any buyer’s premium and do not reflect costs, financing
the purchase price if your lot may not be exported, lot. fees, or application of buyer’s or seller’s credits. We
imported or it is seized for any reason by a government (e) If, in spite of the terms in paragraphs (a) to (d) regret that we cannot agree to requests to remove
authority. It is your responsibility to determine and or E2(i) above, we are found to be liable to you for these details from www.christies.com.
satisfy the requirements of any applicable laws or any reason, we shall not have to pay more than the
regulations relating to the export or import of property purchase price paid by you to us. We will not be K GLOSSARY
containing such protected or regulated material. responsible to you for any reason for loss of profits auctioneer : individual auctioneer and/or Christie’s.
(c) US import ban on African elephant ivory or business, loss of opportunity or value, expected authentic : a genuine example, rather than a copy or
The USA prohibits the import of ivory from the African savings or interest, costs, damages, or expenses. forgery of:
elephant. Any lot containing elephant ivory or other (i) the work of a particular artist, author or
wildlife material that could be easily confused with J OTHER TERMS manufacturer, if the lot is described in the Heading as
elephant ivory (for example, mammoth ivory, walrus 1 OUR ABILITY TO CANCEL the work of that artist, author or manufacturer;
ivory, helmeted hornbill ivory) can only be imported In addition to the other rights of cancellation (ii) a work created within a particular period or
into the US with results of a rigorous scientific test contained in this agreement, we can cancel a sale culture, if the lot is described in the Heading as a
acceptable to Fish & Wildlife, which confirms that of a lot if we reasonably believe that completing the work created during that period or culture;
the material is not African elephant ivory. Where we transaction is, or may be, unlawful or that the sale (iii) a work for a particular origin source if the lot is
have conducted such rigorous scientific testing on places us or the seller under any liability to anyone described in the Heading as being of that origin or
a lot prior to sale, we will make this clear in the lot else or may damage our reputation. source; or
description. In all other cases, we cannot confirm (iv) in the case of gems, a work which is made of
whether a lot contains African elephant ivory, and you 2 RECORDINGS a particular material, if the lot is described in the
will buy that lot at your own risk and be responsible We may videotape and record proceedings at any Heading as being made of that material.
for any scientific test or other reports required auction. We will keep any personal information authenticity warranty : the guarantee we give in
for import into the USA at your own cost. If such confidential, except to the extent disclosure is required this agreement that a lot is authentic as set out in
scientific test is inconclusive or confirms the material by law. However, we may, through this process, use section E2 of this agreement.
is from the African elephant, we will not be obliged to or share these recordings with another Christie’s buyer’s premium : the charge the buyer pays us
cancel your purchase and refund the purchase price. Group company and marketing partners to analyse along with the hammer price.
(d) Lots of Iranian origin our customers and to help us to tailor our services for catalogue description : the description of a lot in
Some countries prohibit or restrict the purchase and/ buyers. If you do not want to be videotaped, you may the catalogue for the auction, as amended by any
or import of Iranian-origin “works of conventional make arrangements to make a telephone or written saleroom notice.
craftsmanship” (works that are not by a recognized bid or bid on Christie’s LIVE™ instead. Unless we Christie’s Group : Christie’s International Plc, its
artist and/or that have a function, for example: agree otherwise in writing, you may not videotape or subsidiaries and other companies within its corporate
carpets, bowls, ewers, tiles, ornamental boxes). record proceedings at any auction. group.
For example, the USA prohibits the import of this condition : the physical condition of a lot.
type of property and its purchase by US persons 3 COPYRIGHT due date : has the meaning given to it paragraph
(wherever located). Other countries, such as Canada, We own the copyright in all images, illustrations F1(a).
only permit the import of this property in certain and written material produced by or for us relating estimate : the price range included in the catalogue
circumstances. As a convenience to buyers, Christie’s to a lot (including the contents of our catalogues or any saleroom notice within which we believe a lot
indicates under the title of a lot if the lot originates unless otherwise noted in the catalogue). You cannot may sell. Low estimate means the lower figure in the
from Iran (Persia). It is your responsibility to ensure use them without our prior written permission. We range and high estimate means the higher figure.
you do not bid on or import a lot in contravention of do not offer any guarantee that you will gain any The mid estimate is the midpoint between the two.
the sanctions or trade embargoes that apply to you. copyright or other reproduction rights to the lot. hammer price : the amount of the highest bid the
(e) Gold auctioneer accepts for the sale of a lot.
Gold of less than 18ct does not qualify in all 4 ENFORCING THIS AGREEMENT Heading : has the meaning given to it in paragraph E2.
countries as ‘gold’ and may be refused import into If a court finds that any part of this agreement is not lot : an item to be offered at auction (or two or more
those countries as ‘gold’. valid or is illegal or impossible to enforce, that part of items to be offered at auction as a group).
(f) Watches the agreement will be treated as being deleted and other damages : any special, consequential,
Many of the watches offered for sale in this catalogue the rest of this agreement will not be affected. incidental or indirect damages of any kind or any
are pictured with straps made of endangered or damages which fall within the meaning of ‘special’,
protected animal materials such as alligator or 5 TRANSFERRING YOUR RIGHTS AND ‘incidental’ or ‘consequential’ under local law.
crocodile. These lots are marked with the symbol Ψ RESPONSIBILITIES purchase price : has the meaning given to it in
in the catalogue. These endangered species straps You may not grant a security over or transfer your paragraph F1(a).
are shown for display purposes only and are not for rights or responsibilities under these terms on the provenance : the ownership history of a lot.
sale. Christie’s will remove and retain the strap prior contract of sale with the buyer unless we have given qualified : has the meaning given to it in paragraph
to shipment from the sale site. At some sale sites, our written permission. This agreement will be E2 and Qualified Headings means the section
Christie’s may, at its discretion, make the displayed binding on your successors or estate and anyone headed Qualified Headings on the page of
endangered species strap available to the buyer of the who takes over your rights and responsibilities. the catalogue headed ‘Important Notices and
lot free of charge if collected in person from the sale Explanation of Cataloguing Practice’.
site within 1 year of the date of the sale. Please check 6 TRANSLATIONS reserve : the confidential amount below which we
with the department for details on a particular lot. If we have provided a translation of this agreement, will not sell a lot.
we will use the English version in deciding any saleroom notice : a written notice posted next to
For all symbols and other markings referred to in issues or disputes which arise under this agreement. the lot in the saleroom and on www.christies.com,
paragraph H2, please note that lots are marked as a which is also read to prospective telephone bidders
convenience to you, but we do not accept liability for 7 PERSONAL INFORMATION and notified to clients who have left commission
errors or for failing to mark lots. We will hold and process your personal information bids, or an announcement made by the auctioneer
and may pass it to another Christie’s Group either at the beginning of the sale, or before a
I OUR LIABILITY TO YOU company for use as described in, and in line with, our particular lot is auctioned.
(a) We give no warranty in relation to any privacy policy at www.christies.com. Subheading : has the meaning given to it in
statement made, or information given, by us or our paragraph E2.
representatives or employees, about any lot other 8 WAIVER UPPER CASE type : means having all capital letters.
than as set out in the authenticity warranty and, as No failure or delay to exercise any right or remedy warranty : a statement or representation in which
146 far as we are allowed by law, all warranties and other provided under these Conditions of Sale shall the person making it guarantees that the facts set
out in it are correct.
constitute a waiver of that or any other right or
terms which may be added to this agreement by law