Page 110 - March 17, 2020 Impotant Chinese Art, Sotheby's, New York
P. 110
How to Bid
The overhead premium is 1% of the In order to bid on “Premium Lots” you or our vendor’s premises (as indicated
CONDITIONS OF SALE hammer price. must complete the required Premium on the invoice) by the purchaser at his
Lot pre-registration application. expense not later than 30 calendar days
The following Conditions of Sale and 4. Withdrawal We reserve the right to Sotheby’s decision whether to accept following the auction. Purchasers are
Terms of Guarantee are Sotheby’s, Inc. withdraw any property before the sale any pre-registration application shall be reminded that Sotheby’s liability for loss
and the Consignor’s entire agreement and shall have no liability whatsoever for final. You must arrange for Sotheby’s to of or damage to sold property shall cease
with the purchaser and any bidders such withdrawal. receive your pre-registration application upon the earlier of (a) 30 calendar days
relative to the property listed in this 5. Per Lot Unless otherwise announced at least three working days before the after the date of the auction and (b) our
catalogue. by the auctioneer, all bids are per lot as sale. Please bear in mind that we are release of the property to the purchaser
The Conditions of Sale, Terms of numbered in the catalogue. unable to obtain financial references over or the purchaser’s designated agent.
Guarantee, the glossary, if any, and weekends or public holidays. Upon the expiration of such 30 calendar
all other contents of this catalogue 6. Bidding We reserve the right to Sotheby’s may require such necessary day period or upon such earlier release,
are subject to amendment by us reject any bid. The highest bidder financial references, guarantees, as applicable: (i) the purchaser bears full
by the posting of notices or by oral acknowledged by the auctioneer will deposits and/or such other security, in liability for any and all loss of or damage
announcements made during the sale. be the purchaser. The auctioneer has its absolute discretion, as security for to the property; (ii) the purchaser
The property will be offered by us as absolute and sole discretion in the your bid(s). releases Sotheby’s, its affiliates, agents
agent for the Consignor, unless the case of error or dispute with respect to and warehouses from any and all liability
catalogue indicates otherwise. bidding, and whether during or after the 7. Online Bids via an Online Platform and claims for loss of or damage to
sale, to determine the successful bidder,
By participating in any sale, you to re-open the bidding, to cancel the Sotheby’s may offer clients the the property; and (iii) the purchaser
acknowledge that you are bound by sale or to re-offer and re-sell the item in opportunity to bid on sothebys.com agrees to indemnify and hold Sotheby’s,
its affiliates, agents and warehouses
these terms and conditions. or through the Sotheby’s App, or on
dispute. If any dispute arises after the any other online platform through harmless from and against any and all
sale, our sale record is conclusive. In which bidding may be made available liability for loss of or damage to property
1. As Is Goods auctioned are often person bidding is currently not available for selected sales. By participating in and any all claims related to loss of or
of some age. The authenticity of the for this auction. For the most up-to- a sale via any of the Online Platforms, damage to the property as of and from
Authorship (as defined below) of date information regarding in person you acknowledge that you are bound and after the time Sotheby’s liability for
property listed in the catalogue is bidding, please call Sotheby’s or visit by these Conditions of Sale as well as loss or damage to the property ceases
guaranteed as stated in the Terms Sothebys.com. Bidders are encouraged the Additional Terms and Conditions in accordance with this paragraph. If
of Guarantee and except for the to submit bids online on Sothebys.com for Online Bidding (“Online Terms”). any applicable conditions herein are
Limited Warranty contained therein, or through the Sotheby’s App. In order to By participating in a sale via any Online not complied with by the purchaser,
all property is sold “AS IS” without any bid online, you must register an account Platform, Bidders accept the Online the purchaser will be in default and in
representations or warranties by us or with Sotheby’s and provide requested Terms, as well as the relevant Conditions addition to any and all other remedies
the Consignor as to merchantability, information. In our discretion we will of Sale. Online bidding may not be available to us and the Consignor by
fitness for a particular purpose, the execute order or absentee bids and available for Premium Lots. law, including, without limitation, the
correctness of the catalogue or other accept telephone bids and online bids via right to hold the purchaser liable for the
images or descriptions of the physical the Online Platforms as a convenience 8. Bids Below Reserve If the total purchase price, including all fees,
condition, size, quality, rarity, importance, to clients who do not submit their bids auctioneer deter-mines that any opening charges and expenses more fully set
medium, frame, provenance, exhibitions, online; Sotheby’s is not responsible for bid is below the reserve of the article forth herein, we, at our option, may (x)
literature or historical relevance of any any errors or omissions in connection offered, he may reject the same and cancel the sale of that, or any other lot or
property and no statement anywhere, there-with. Prospective bidders should withdraw the article from sale, and if, lots sold to the defaulting purchaser at
whether oral or written, whether made also consult sothebys.com for the most having acknowledged an opening bid, he the same or any other auction, retaining
in the catalogue, an advertisement, up to date cataloguing of the property in deter-mines that any advance thereafter as liquidated damages all payments
a bill of sale, a salesroom posting or this catalogue. is insufficient, he may reject the advance. made by the purchaser, or (y) resell the
announcement, or elsewhere, shall be purchased property, whether at public
deemed such a warranty, representation By participating in the sale, you represent 9. Purchaser’s Responsibility On auction or by private sale, or (z) effect
or assumption of liability. We and the and warrant that any bids placed by you, the fall of the auctioneer’s hammer, the any combination thereof. In any case, the
Consignor make no representations or on your behalf, are not the product of contract between the consignor and the purchaser will be liable for any deficiency,
and warranties, express or implied, as any collusive or other anti-competitive purchaser is concluded, and the winning any and all costs, handling charges,
to whether the purchaser acquires any agreement and are otherwise consistent bidder thereupon will immediately pay late charges, expenses of both sales,
copyrights, including but not limited with federal and state antitrust law. the full purchase price or such part as our com-missions on both sales at our
to, any reproduction rights in any By participating in the sale, you represent we may require. Title in a purchased regular rates, legal fees and expenses,
property. We and the Consignor are not and warrant that: lot will not pass until Sotheby’s has collection fees and incidental damages.
responsible for errors and omissions received the full purchase price in We may, in our sole discretion, apply any
in the catalogue, glossary, or any (a) The bidder and/or purchaser is not cleared funds. The purchaser’s obligation proceeds of sale then due or thereafter
supplemental material. Sotheby’s will not subject to trade sanctions, embargoes to immediately pay the full purchase becoming due to the purchaser from
or any other restriction on trade in the
1. BROWSE 2. REGISTER 3. BID be responsible or liable for damage to jurisdiction in which it does business as price or such part as we may require us or any affiliated company, or any
is absolute and unconditional and is
frames and glass coverings, regardless
payment made by the purchaser to us
of the cause. well as under the laws of the European not subject to any defenses, setoffs or or any affiliated company, whether or
Go to sothebys.com or the Sign up to place bids. Bid before and during the auction, Union, the laws of England and Wales, or counterclaims of any kind whatsoever. not intended to reduce the purchaser’s
Sotheby’s app to find works from anywhere in the world. 2. Inspection Prospective bidders the laws and regulations of the United Sotheby’s is not obligated to release obligations with respect to the unpaid
States, and is not owned (nor partly
should inspect the property before
a lot to the purchaser until title to the
you are interested in. bidding to determine its condition, size, owned) or controlled by such sanctioned lot has passed and any earlier release lot or lots, to the deficiency and any
and whether or not it has been repaired person(s) (collectively, “Sanctioned does not affect the passing of title or the other amounts due to us or any affiliated
or restored. Property will be available for Person(s)”); purchaser’s unconditional obligation to companies. In addition, a defaulting
viewing by appointment only at our New (b) Where acting as agent (with pay the full purchase price. In addition purchaser will be deemed to have
York premises, or such other location as Sotheby’s prior written consent), the to other remedies available to us by law, granted and assigned to us and our
we may indicate from time to time. You we reserve the right to impose from the affiliated companies, a continuing
can schedule a viewing as indicated on principal is not a Sanctioned Person(s) date of sale a late charge of the annual security interest of first priority in any
our website. Any images and condition nor owned (or partly owned) or percentage rate of Prime + 6% of the property or money of or owing to such
FOR ASSISTANCE WITH REGISTRATION AND BIDDING reports are provided to assist you with controlled by Sanctioned Person(s); and total purchase price if payment is not purchaser in our possession, custody or
control or in the possession, custody or
Enquiries@sothebys.com assessing the condition of the property (c) The bidder and/or purchaser made in accordance with the conditions control of any of our affiliated companies,
undertakes that none of the purchase
and are for guidance only.
set forth herein. Please note Sotheby’s
US +1 212 606 7000 UK +44 (0) 20 7293 5000 HK +852 2822 8142 price will be funded by any Sanctioned reserves the right to refuse to accept in each case whether at the time of the
3. Buyer’s Premium; Overhead auction, the default or if acquired at
sothebys.com/bidonline FOLLOW US @SOTHEBYS Person(s), nor will any party be involved payment from a source other than the
Premium in the transaction including financial buyer of record. any time thereafter, and we may retain
A buyer’s premium and an overhead institutions, freight forwarders or other and apply such property or money as
premium will be added to the hammer forwarding agents or any other party Sotheby’s New York office is currently collateral security for the obligations
price and are payable by the purchaser be a Sanctioned Person(s) nor owned open on a limited basis by appointment due to us or to any affiliated company
as part of the total purchase price. The (or partly owned) or controlled by a only. All collections and deliveries for of ours. We shall have all of the rights
buyer’s premium is 25% of the hammer Sanctioned Person(s), unless such purchased property will be handled by accorded a secured party under the
price up to and including $400,000, 20% activity is authorized in writing by the Post Sale Services in coordination with New York Uniform Commercial Code.
of any amount in excess of $400,000 up government authority having jurisdiction purchasers after the auction. Unless You hereby agree that Sotheby’s may
to and including $4,000,000, and 13.9% over the transaction or in applicable law or otherwise agreed by Sotheby’s, all file financing statements under the
of any amount in excess of $4,000,000. regulation. property must be removed from our New York Uniform Commercial Code
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