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
                                                                                                                                                                                                                                   217
  CF_19306190_HowToBidCatAd_JUNE2019_standard_5.indd   1                                                    6/19/19   5:32 PM
   105   106   107   108   109   110   111   112   113   114