Page 121 - Sothebys Fine Japanese Art London, November 2018

increments he considers appropriate and 8. REMEDIES FOR NON-PAYMENT sale, with estimates and reserves at identity, financial information, records of
is entitled to place a bid or series of bids Without prejudice to any rights the Seller Sotheby’s discretion. The proceeds the client’s transactions, and preferences.
on behalf of the Seller up to the Reserve may have, if the Buyer without prior of such sale, less all costs incurred Some gathering of information about
on the lot, without indicating he is doing so agreement fails to make payment for by Sotheby’s, will be forfeited unless Sotheby’s clients will take place using
and whether or not other bids are placed. collected by the Buyer within two years of technical means to identify their
the lot within five days of the auction, the original auction. preferences in order to provide a higher
(d) Subject to Condition 6(b), the Sotheby’s may in its sole discretion quality of service to them. Sotheby’s may
contract between the Buyer and the (having informed the Seller) exercise one 10. EXPORT AND PERMITS also disclose the client information to
Seller is concluded on the striking of the or more of the following remedies: other Sotheby’s Companies and/or third
auctioneer’s hammer, whereupon the (a) store the lot at its premises or It is the Buyer’s sole responsibility to parties acting on their behalf to provide
Buyer becomes liable to pay the Purchase elsewhere at the Buyer’s sole risk and identify and obtain any necessary export, services for the purposes listed above.
Price. import, firearm, endangered species or
expense; other permit for the lot. Any symbols
(e) Any post-auction sale of lots offered at (b) cancel the sale of the lot; or notices in the sale catalogue reflect Sometimes, Sotheby’s may also disclose
this information to carefully selected third
auction shall incorporate these Conditions Sotheby’s reasonable opinion at the
as if sold in the auction. (c) set off any amounts owed to the Buyer time of cataloguing and offer Bidders parties for their own marketing purposes.
If you do not wish your details to be used
by a Sotheby’s Company against any general guidance only. Without prejudice
7. PAYMENT AND COLLECTION amounts owed to Sotheby’s by the Buyer to Conditions 3 and 4 above, Sotheby’s for this purpose, please email enquiries@
(a) Unless otherwise agreed, payment in respect of the lot; and the Seller make no representations sothebys.com.
of the Purchase Price for a lot and (d) apply any payments made to or warranties as to whether any lot is If the client provides Sotheby’s with
any Buyer’s Expenses are due by the Sotheby’s by the buyer as part of the or is not subject to export or import information that is defined by European
Buyer in pounds sterling immediately Purchase Price and Buyer’s Expenses restrictions or any embargoes. The denial data protection laws as “sensitive”, the
on conclusion of the auction (the “Due towards that or any other lot purchased of any permit or licence shall not justify client agrees that it may be used for the
Date”) notwithstanding any requirements by the Buyer, or to any shortfall on the cancellation or rescission of the sale purposes set out above.
for export, import or other permits for resale of any lot pursuant to paragraph contract or any delay in payment. In the course of these disclosures,
such lot. (h) below, or to any damages suffered by 11. GENERAL personal data collected in the European
(b) Title in a purchased lot will not pass Sotheby’s as a result of breach of contract Economic Area may be disclosed to
until Sotheby’s has received the Purchase by the Buyer; (a) All images and other materials countries outside the European Economic
Price and Buyer’s Expenses for that lot in (e) reject future bids from the Buyer or produced for the auction are the copyright Area. Although such countries may not
cleared funds. Sotheby’s is not obliged render such bids subject to payment of of Sotheby’s, for use at Sotheby’s have legislation that protects a client’s
to release a lot to the Buyer until title a deposit; discretion. personal information, Sotheby’s shall
in the lot has passed and appropriate (b) Notices to Sotheby’s should be in take reasonable steps to keep such
identification has been provided, and any (f) charge interest at 6% per annum writing and addressed to the department information secure and in accordance
earlier release does not affect the passing above HSBC Bank plc Base Rate from in charge of the sale, quoting the with European data protection principles.
of title or the Buyer’s unconditional the Due Date to the date the Purchase reference number specified at the By agreeing to these Conditions of
obligation to pay the Purchase Price and Price and relevant Buyer’s Expenses are beginning of the sale catalogue. Notices Business, the client is agreeing to such
Buyer’s Expenses. received in cleared funds (both before and to Sotheby’s clients shall be addressed to disclosure.
after judgement);
(c) The Buyer is obliged to arrange the last address formally notified by them Please be aware that Sotheby’s may film
collection of purchased lots no later than (g) exercise a lien over any of the Buyer’s to Sotheby’s. auctions or other activities on Sotheby’s
thirty (30) calendar days after the date property which is in the possession of (c) Should any provision of these premises and that such recordings may
of the auction. Purchased lots are at the a Sotheby’s Company. Sotheby’s shall Conditions of Business be held be transmitted over the Internet via
Buyer’s risk (and therefore their sole inform the Buyer of the exercise of any unenforceable for any reason, the Sotheby’s website. Telephone bids may
responsibility for insurance) from the such lien and within 14 days of such notice remaining provisions shall remain in full be recorded.
earliest of i) collection or ii) the thirty-first may arrange the sale of such property force and effect. Under European data protection laws,
calendar day after the auction. Until risk and apply the proceeds to the amount a client may object, by request and
passes, Sotheby’s will compensate the owed to Sotheby’s; (d) These Conditions of Business are free of charge, to the processing of
Buyer for any loss or damage to the lot (h) resell the lot by auction or private sale, not assignable by any Buyer without their information for certain purposes,
up to a maximum of the Purchase Price with estimates and reserves at Sotheby’s Sotheby’s prior written consent, but are including direct marketing, and may
paid. Buyers should note that Sotheby’s discretion. In the event such resale is binding on Buyers’ successors, assigns access and rectify personal data relating
assumption of liability for loss or damage for less than the Purchase Price and and representatives. No act, omission to them and may obtain more information
is subject to the exclusions set out in Buyer’s Expenses for that lot, the Buyer or delay by Sotheby’s shall be deemed a about Sotheby’s data protection policies
Condition 6 of the Conditions of Business will remain liable for the shortfall together waiver or release of any of its rights. by writing to Sotheby’s, 34-35 New
for Sellers. with all costs incurred in such resale; (e) The Contracts (Rights of Third Parties) Bond Street, London W1A 2AA, or 1334
(d) For all items stored by a third party (i) commence legal proceedings Act 1999 is excluded by these Conditions York Avenue, New York, NY 10021, Attn:
and not available for collection from to recover the Purchase Price and of Business and shall not apply to any Compliance or emailing enquiries@
Sotheby’s premises, the supply of Buyer’s Expenses for that lot, together contract made pursuant to them. sothebys.com.
authority to release to the Buyer shall with interest and the costs of such (f) The materials listed in Condition 1(a) 13. LAW AND JURISDICTION
constitute collection by the Buyer. proceedings on a full indemnity basis; or above set out the entire agreement and
(e) All packing and handling is at the (j) release the name and address of the understanding between the parties with Governing Law These Conditions of
Business and all aspects of all matters,
Buyer’s risk. Sotheby’s will not be liable Buyer to the Seller to enable the Seller respect to the subject matter hereof. It
for any acts or omissions of third party to commence legal proceedings to is agreed that, save in respect of liability transactions or disputes to which they
relate or apply (including any online bids in
packers or shippers. recover the amounts due and legal costs. for fraudulent misrepresentation, no the sale to which these Conditions apply)
party has entered into any contract
(f) The Buyer of any firearm is solely Sotheby’s will take reasonable steps to pursuant to these terms in reliance on any shall be governed by and interpreted in
responsible for obtaining all valid firearm notify the Buyer prior to releasing such representation, warranty or undertaking accordance with English law.
or shotgun certificates or certificates of details to the Seller. which is not expressly referred to in such Jurisdiction For the benefit of Sotheby’s,
registration as a firearms dealer, as may 9. FAILURE TO COLLECT PURCHASES materials. all Bidders and Sellers agree that the
be required by the regulations in force Courts of England are to have exclusive
in England and Wales or Scotland (as (a) If the Buyer pays the Purchase Price 12. DATA PROTECTION jurisdiction to settle all disputes arising in
applicable) relating to firearms or other and Buyer’s Expenses but fails to collect a Sotheby’s will use information provided connection with all aspects of all matters
weapons at the time of the sale, and purchased lot within thirty calendar days by its clients (or which Sotheby’s or transactions to which these Conditions
for complying with all such regulations, of the auction, the lot will be stored at the otherwise obtains relating to its clients) of Business relate or apply. All parties
whether or not notice of such is published Buyer’s expense (and risk) at Sotheby’s for the provision of auction and other agree that Sotheby’s shall retain the right
in the Sale Catalogue. Sotheby’s will or with a third party. art-related services, loan and insurance to bring proceedings in any court other
not deliver a firearm to a Buyer unless (b) If a purchased lot is paid for but not services, client administration, marketing than the Courts of England.
the Buyer has first supplied evidence to collected within six months of the auction, and otherwise to manage and operate
Sotheby’s satisfaction of compliance with the Buyer authorises Sotheby’s, having its business, or as required by law. This Service of Process All Bidders and Sellers
this Condition. irrevocably consent to service of process
given notice to the Buyer, to arrange a will include information such as the
resale of the item by auction or private client’s name and contact details, proof of or any other documents in connection
with proceedings in any court by facsimile
FINE JAPANESE ART 119