Page 133 - March 23, 2022 Sotheby's NYC Fine Chinese Works of Art

jurisdictions; token taxation; personal Buyer and cannot be transferred to any (h) Additional provisions specific to Lots sale of any Lot, as appropriate, and take commonly used in an auction catalogue. bidder, any contingent fee, fixed fee or webpage for the auction, or a pre-sale terms and conditions set out therein
information disclosure; uninsured third party. in Jewelry, Wine & Spirits and Books & any further action required or permitted All bidders should read the Conditions both (as applicable) for providing the or pre-lot announcement will be made as of the date of the sale. Please review
losses; and other unanticipated risks. Manuscripts auctions: under applicable law without any liability of Business for Buyers, as well as the irrevocable bid may be netted against indicating that an interested party may those terms and conditions if you are
(d) To claim under the Authenticity
(iv) Neither you nor we nor the Guarantee, the Buyer must: (i) With respect to Lots containing any to you. Glossary or any other notices. By the irrevocable bidder’s obligation to bid on the lot. interested in paying in cryptocurrency,
and contact Post Sale Services for more
pay the full purchase price for the lot
bidding at auction, bidders are bound by
Seller will be liable for any special, (i) notify us in writing within 3 months gemstone, jade or pearls, the Guarantee (b) You are personally liable for your bid. the Conditions of Business for Buyers, and the purchase price reported for the ◉ Restricted Materials information.
consequential, indirect, incidental of receiving any information that causes Period for any claim that the gemstone If you are an agent acting on behalf of Lots with this symbol have been
or punitive damages, including, as the Buyer to question the correctness or pearls are not genuine or of natural a principal, you and your principal are as amended by any oral announcement lot shall be net of any such fees. From identified at the time of cataloguing as 2. BEFORE THE AUCTION
time to time, Sotheby’s may enter into
or posted notices.
applicable, damages relating to any of of the Guarantee Line and in any origin is 21 days from the date of the bound by the terms of this agreement irrevocable bid agreements that cover containing organic material which may
the risks or disclaimed attributes set event by no later than the expiry of the auction. and jointly and severally assume your 1. SYMBOL KEY multiple lots. In such instances, the be subject to restrictions regarding Bidding in advance of the live auction
forth in Condition 13(b)(iii). In addition Guarantee Period, specifying the Lot (ii) With respect to Lots sold in a Wine & obligations and liabilities under this import or export. The information is For certain sales, you may bid in
to the above, we will not be liable for any number and the date of the auction at Spirits auction, the Guarantee Period is agreement. □ Reserves compensation Sotheby’s will pay the made available for the convenience of advance of the live auction (“Advance
irrevocable bidder is allocated to the lots
loss whatsoever related to damage or which it was purchased, and providing 21 days from the date of the auction. (c) We own the exclusive copyright Unless indicated by a box (□), all lots for which the irrevocable bidder is not bidders and the absence of the symbol Bids”) on sothebys.com or the
corruption to the Referenced Content, all the information in the Buyer’s to all images and written material in this catalogue are offered subject to the successful purchaser. Under such is not a warranty that there are no Sotheby’s App. In order to do so, you
failure of the NFT to reference the possession in support of the Buyer’s (iii) With respect to Lots sold in a Books we produce relating to each Lot. You a reserve. A reserve is the confidential restrictions regarding import or export must register an account with Sotheby’s
Referenced Content, or loss of, or other claim; and & Manuscripts auction, the Authenticity cannot use them without our prior minimum hammer price at which a lot circumstances, the total compensation of the Lot. Please also refer to the and provide requested information.
to the irrevocable bidder will not exceed
security or persistence issues related to, Guarantee also includes a guarantee written permission. We may use them will be sold. The reserve is generally the total buyer’s premium and other section on Endangered Species in the Once you have done so, navigate to
the Referenced Content. (ii) return the Lot to us or, at our to the Buyer for a Guarantee Period of as we deem appropriate, to the extent set at a percentage of the low estimate amounts paid to Sotheby’s in respect information on Buying at Auction. your desired lot, and click the “Place
direction, to the Seller or another third 21 days from the date of the auction Bid” button. You may bid at or above
(v) You have sufficient understanding party, in the same condition as at the that, subject to Conditions 15(c)-(g), permitted by law, before or after the and will not exceed the low estimate of of any lots for which the irrevocable ∏ Monumental the starting bid displayed on the Online
of NFTs, digital wallets and other date of sale to the Buyer and be able to the Lot’s text and/or illustrations are sale of a Lot. the lot. If any lots in the catalogue are bidder is not the successful bidder. If Platforms. Please note that we reserve
storage mechanisms, cryptocurrencies, transfer good title in the Lot, free from not materially defective. Subject to the (d) The Conditions of Business for offered without reserve, such lots will be this auction has a printed catalogue, Lots with this symbol may, in our the right to amend the starting bid prior
blockchain technology, and the any third-party interest or claim(s) following exceptions, if we reasonably Buyers, including the Authenticity designated by a box (□). If every lot in a a PDF catalogue or both and the opinion, require special handling or to the start of the live auction. You may
use, characteristics, functionality, arising after the date of the sale. determine that the text or illustrations Guarantee, and the express catalogue is offered without a reserve, irrevocable bid is not secured until after shipping services due to size or other also input your maximum bid which,
programming, and/or other material in a Lot are materially defective, we will representations and warranties the Conditions of Business for Buyers such catalogue is finalized or if there is physical considerations. Bidders are upon confirmation, will be executed
characteristics of all of the foregoing, (iii) In addition, we may also require ensure that the sale is rescinded, and and indemnity given by the Seller will so state and this symbol will not be no printed catalogue or PDF catalogue advised to inspect the lot and to contact automatically up to this predefined
to fully understand and agree to the Buyer to obtain at the Buyer›s cost that the Buyer is refunded the Purchase (which may differ from any published used for each lot. and the irrevocable bid is not secured Sotheby’s prior to the sale to discuss maximum value, in response to other
these Conditions and the disclaimers the reports of two independent and Price in the currency of the sale. We Conditions of Business for Sellers) ○ Guaranteed Property until after the digital catalogue is initially any specific shipping requirements. bids, including bids placed by Sotheby’s
and risks outlined herein, or have recognized experts in the field, mutually reserve the right to reject a claim under together are the entire agreement available for viewing, then Sotheby’s ✧ Premium Lot on behalf of the seller up to the amount
consulted with professional advisors acceptable to us and the Buyer. We will this Condition 15(h) if: between us, the Seller and you The seller of lots with this symbol has will notify bidders that there is an of the reserve (if applicable). The
in relation to the foregoing such that not be bound by any such reports and with respect to the subject matter been guaranteed a minimum price from irrevocable bid on the lot by one or more In order to bid on “Premium Lots” current leading bid will be visible to all
any participation by you in the auction we reserve the right to seek additional (1) the Lot comprises an atlas, an extra- hereof and supersedes all prior one auction or a series of auctions. of the following means: the lot’s specific (in print catalogue or ✧ in the lot’s bidders; the value and status of your
of any NFT constitutes an informed expert advice at our expense. illustrated book, a volume with fore- or contemporaneous written, This guarantee may be provided by webpage will be updated to include the specific webpage) you may be maximum bid will be visible only to you.
acceptance of such disclaimers and (e) We reserve, in our absolute edged paintings, a periodical publication oral or implied understandings, Sotheby’s or jointly by Sotheby’s and irrevocable bid symbol, a notice will required to complete a Premium Lot If the status of your bid changes, you will
risks. or a print or drawing; a third party. Sotheby’s and any third be added to the Sotheby’s webpage pre-registration application. You must receive notifications via email and push
discretion as principal, the right to representations or agreements relating parties providing a guarantee jointly arrange for Sotheby’s to receive your
14. DATA PROTECTION reject a claim under the Authenticity (2) in the case of a manuscript, the Lot to the subject matter of this agreement. with Sotheby’s benefit financially if for the auction, or a pre-sale or pre-lot pre-registration application at least (if you have enabled push notifications)
announcement will be made indicating
Guarantee if: was not described in the Catalogue as If any part of this agreement is deemed a guaranteed lot is sold successfully leading up to the live auction. You
(a) We will hold and process your complete; invalid or unenforceable, such invalidity that there is an irrevocable bid on the three working days before the sale. may raise your maximum bid at any
personal information and may share it (i) the Guarantee Line was in or unenforceability will not affect the and may incur a loss if the sale is not lot. From time to time, Sotheby’s or any Please bear in mind that we are unable time in advance of the live auction.
with another Sotheby’s Group company accordance with the opinions of (3) the defect complained of was remaining provisions of this agreement, successful. A third party providing a affiliated company may provide the to obtain financial references over Please note in certain circumstances,
for use as described in, and in line with, scholars and experts, which are mentioned in the Lot description or the which will remain in full force and effect. guarantee jointly with Sotheby’s may irrevocable bidder with financing related weekends or public holidays. Sotheby’s clients who have been outbid may be
our Privacy Policy published on our generally accepted and known or item complained of was sold un-named No act, omission or delay by us shall be provide an irrevocable bid, or otherwise to the irrevocable bid. In addition, from decision whether to accept any pre- reinstated as the leading bidder and will
website privacycompliance@sothebys. privately expressed to us, as at the in a Lot; deemed a waiver or release of any of bid, on the guaranteed property. If this time to time, an irrevocable bidder registration application shall be final. If receive notification via email or push
com or available on request by email to date of the sale, or the Lot description (4) the defect complained of is not our rights. auction has a printed catalogue, a PDF may have knowledge of the amount of all lots in the catalogue are “Premium notifications (if enabled on your device).
enquiries@sothebys.com. indicated that there was a conflict of a defect in text or illustration, such catalogue or both and the guaranteed a guarantee. If the irrevocable bidder Lots”, a Special Notice will be included
such opinions; (e) This agreement is binding upon, property symbol for a lot is not included is advising anyone with respect to the to this effect and this symbol will not The Catalogue The catalogue will
(b) We may film auctions or other as without limitation, damage to and inures to the benefit of, you, your in such catalogue or if there is no lot, Sotheby’s requires the irrevocable be used. help familiarize you with property being
activities on Sotheby’s premises and (ii) the only method of establishing that bindings, stains, foxing, marginal estate, heirs, executors, devisees, printed catalogue or PDF catalogue offered at the designated auction.
such recordings may be transmitted the Guarantee Line was incorrect at wormholes, lack of blank leaves or representatives, administrators, and the guaranteed property symbol bidder to disclose his or her financial ⊖ US Import Tariff Prospective bidders should consult
interest in the lot. If an agent is advising
over the internet via our website or the date of the sale would have been by half titles or other conditions not successors and permitted assigns. for a lot is not included at the time the you or bidding on your behalf with Please note that this lot is subject to an sothebys.com for the most up to date
other online platforms. Online and means or processes not then generally affecting the completeness of the text digital catalogue is initially available respect to a lot identified as being import tariff. The amount of the import cataloguing of the property in this
telephone bids may be recorded. available or accepted, unreasonably or illustration, lack of list of plates, (f) You may not assign your rights or for viewing, then Sotheby’s will notify tariff due is a percentage of the value catalogue.
expensive or impractical to use, or likely inserted advertisements, cancels or delegate your obligations under this bidders that there is a guarantee on subject to an irrevocable bid, you should
15. AUTHENTICITY GUARANTEE to have caused damage or loss of value any subsequently published volume, agreement without our prior written the lot by one or more of the following request that the agent disclose whether declared upon entry into the United Estimates Each lot in the catalogue is
States. The amount of the import tariff
(a) We, as principal, provide a to the Lot; supplement, appendix or plates or error consent. means: the lot’s specific webpage will or not he or she has a financial interest is not based on the final hammer price. given a low and high estimate, indicating
in the lot.
guarantee to the Buyer, subject to (iii) the manner in which the Guarantee in the enumeration of the plates, or is (g) Notices to us should be in writing be updated to include the guaranteed The buyer should contact Sotheby’s to a prospective buyer a range in which
the lot might sell at auction. When
the following terms and conditions, Line is said to be incorrect is due only based on the age of hand-coloring in and addressed to the department in property symbol, a notice will be ⊻ Interested Parties prior to the sale to determine the possible, the estimate is based on
that the information provided in the to damage, restoration, modification maps, atlases or books; or charge of the sale, quoting the reference added to the Sotheby’s webpage for Lots with this symbol indicate that amount of the import tariff. If the buyer previous auction records of comparable
Guarantee Line (as defined) is correct. work of any kind (including repainting or (5) the manner in which the text or number specified for the auction. the auction, or a pre-sale or pre-lot parties with a direct or indirect interest instructs Sotheby’s to arrange shipping
The “Guarantee Line” for each Lot is over-painting) present at the time of the illustrations are defective does not announcement will be made indicating in the lot may be bidding on the lot, of the lot to a foreign address, the buyer pieces. The estimates are determined
several months before a sale and are
set out on the respective Lot page in the sale, or the inability of the manufacturer, result in a material loss in value of the 17. LAW AND JURISDICTION that there is a guarantee on the lot. including (i) the beneficiary of an estate will not be required to pay the import therefore subject to change upon
online Catalogue on our website and, maker or relevant archives to confirm Lot. This agreement (which includes these △ Property in which Sotheby’s has an selling the lot, or (ii) the joint owner tariff. If the buyer instructs Sotheby’s to further research of the property, or to
where applicable, in the Guarantee Line the correctness of the Guarantee Conditions of Business for Buyers Ownership Interest of a lot. If the interested party is the arrange shipping of the lot to a domestic
Schedule in the hardcopy Catalogue Line; or 16. MISCELLANEOUS and the express representations and successful bidder, they will be required address, or if the buyer collects the reflect market conditions or currency
fluctuations. Estimates should not
(if any). Notwithstanding anything to (a) You will provide to us, upon our warranties and indemnity given by Lots with this symbol indicate that to pay the full buyer’s premium and property in person, or if the buyer be relied upon as a representation or
the contrary in this Condition 15, with (iv) the manner in which the Guarantee request, verification of identity and the Seller) will be governed by and Sotheby’s owns the lot in whole or in overhead premium. In certain instances, arranges their own shipping (whether prediction of actual selling prices.
respect to NFTs, unless otherwise set Line is incorrect does not result in a any additional information required construed in accordance with the laws part or has an economic interest in the interested parties may have knowledge domestically or internationally), the
forth on the respective Lot page on our material loss in value of the Lot. to comply with our Know Your Client of the State of New York. In the event of lot equivalent to an ownership interest. of the reserve. If this auction has a buyer will be required to pay the import Provenance In certain circumstances,
website, the Guarantee Line is regarding (f) Subject to the above, if we requirements or to evidence your a dispute arising from or relating to this ⋑ Irrevocable Bids printed catalogue, a PDF catalogue or tariff. The import tariff is included in the Sotheby’s may include in the catalogue
the authorship of the Referenced reasonably determine that the authority to enter into this agreement. agreement, you agree to submit to the both and the interested party’s possible purchase price and, where applicable, the history of ownership of a work of
Content, if any. The Guarantee Line may Guarantee Line in respect of a Lot is If you are an agent acting on behalf exclusive jurisdiction of the state courts Lots with this symbol indicate that participation in the sale Is not known sales tax will be added to the purchase art if such information contributes to
be amended by a salesroom or website not correct, we will ensure that the of a principal, you shall disclose to of and the federal courts sitting in the a party has provided Sotheby’s with until after such catalogue is finalized or price as per our Sales and Use Tax scholarship or is otherwise well known
posting or announcement. Buyers sale is rescinded, and that the Buyer us the identity of the principal. We State and County of New York, though an irrevocable bid on the lot that if there is no printed catalogue or PDF section. and assists in distinguishing the work of
should refer to the glossary of terms, if is refunded the Purchase Price in the reserve the right to seek identification Sotheby’s will retain the right to bring will be executed during the sale at catalogue and the interested party’s art. However, the identity of the seller or
any, for an explanation of terminology currency of the sale. of the source of funds received. If we proceedings in a court other than the a value that ensures that the lot will possible participation in the sale Is not Cryptocurrency Payments previous owners may not be disclosed
used in the Guarantee Line. have not completed our enquiries in state and federal courts sitting in the sell. The irrevocable bidder, who may known until after the digital catalogue We will accept cryptocurrency as for a variety of reasons. For example,
(g) The Buyer acknowledges and bid in excess of the irrevocable bid, such information may be excluded to
(b) The Authenticity Guarantee is agrees that rescission of the sale and respect of Know Your Client, Sanctions, State and County of New York. may be compensated for providing is initially available for viewing, then payment for lots with this symbol, accommodate a seller’s request for
provided for a period of five years after the refund of the Purchase Price is the anti-money laundering, anti-terrorist Last Modified October 28, 2021 the irrevocable bid by receiving a Sotheby’s will notify bidders that an within the parameters specified in the confidentiality or because the identity of
the date of the auction (the “Guarantee Buyer’s sole remedy available under the financing or other checks as we BUYING AT AUCTION contingent fee, a fixed fee or both. From interested party may bid on the lot by Conditions of Business for Buyers (or
Period”), except as otherwise provided Authenticity Guarantee and is in lieu of consider appropriate concerning you time to time, a Sotheby’s shareholder one or more of the following means: the where applicable, in the Conditions prior owners is unknown given the age
of the work of art.
below. any other remedy that might otherwise (or your principal, if applicable) to our The following will help in understanding may be an irrevocable bidder. If the lot’s specific webpage will be updated to of Sale and Additional Conditions of
Sale for Payment by Cryptocurrency)
satisfaction, we may prohibit you from
the auction buying process as well
(c) The Authenticity Guarantee is be available to the Buyer as a matter of bidding, or not complete or cancel the as some of the terms and symbols irrevocable bidder is the successful include the interested parties symbol, applicable to the sale and only on the Specialist Advice Prospective
a notice will be added to the Sotheby’s
provided solely for the benefit of the law or in equity.
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