Page 133 - Scholarly Works of Art Hong Kong Sothebys March 3 2019

香港境外，且由香港境外國家進口時可能須 ，買家不論居住國家或國籍為何，必須繳付 by reference to the number of separately
申領其他許可證或證書。務請注意，能取得 相關稅項。如買家於蘇富比付運物品前， identifi ed items in that lot), or in the case of a (i) the information provided to it by the
出口許可證或證書並不能確保可在另一國家 向蘇富比提供有效之轉售豁免證明 (Resale post-auction sale, the agreed sale price; Seller;
取得進口許可證或證書，反之亦然。例如， Exemption Certificate)，蘇富比將不會向買 Purchase Price is the Hammer Price and (ii) scholarship and technical knowledge; and
進口非洲象牙至美國即屬非法。蘇富比建議 家收取有關稅項。閣下如欲提供與本次交 applicable Buyer’s Premium; (iii) the generally accepted opinions of
買家向相關政府查核有關野生動植物進口之 易相關之轉售豁免證明(Resale Exemption Reserve is the (confi dential) minimum relevant experts, in each case at the time any
規定後再參與競投。買家須負責取得任何出 Certificate)，請聯絡售後服務部。 Hammer Price at which the Seller has agreed such express statement is made.
口或進口許可證及／或證書，以及任何其他 to sell a lot;
所需文件（ 請參閱載於本圖錄之買家業務規 閣下如欲透過蘇富比將物品付運至美國，可 Seller is the person off ering a lot for sale 4. EXCLUSIONS AND LIMITATIONS OF
則第10 條 ）。 於付運前，按載於圖錄所載之電話號碼聯絡 (including their agent (other than Sotheby’s), LIABILITY TO BUYERS
售後服務部。 executors or personal representatives); (a) Sotheby’s shall refund the Purchase Price
5. 其他服務 Sotheby’s means Sotheby’s Hong Kong to the Buyer in circumstances where it deems
Ltd., which has its registered offi ce at Level
CONDITIONS OF BUSINESS 54, Hopewell Centre, 183 Queen’s Road East, that the lot is a Counterfeit and each of the
財務服務 蘇富比向客戶提供多種財務服 Hong Kong; conditions of the Authenticity Guarantee has
務，其中包括為委託提供預付款、及以不擬 Sotheby’s Company means Sotheby’s in been satisfi ed.
出售之藝術收藏品作為抵押之貸款。本文並 The nature of the relationship between the USA and any of its subsidiaries (including
不構成建議或要約。本文所述之服務均須受 Sotheby’s, Sellers and Bidders and the Sotheby’s) and Sotheby’s Diamonds SA and (b) In the light of the matters in Condition
制於該服務地區之法律及法規司法管轄。有 terms on which Sotheby’s (as auctioneer) its subsidiaries (in each case ‘subsidiary’ 3 above and subject to Conditions 4(a) and
關進一步資料，請致電倫敦的蘇富比財務服 and Sellers contract with Bidders are set having the meaning of Section 2 of the 4(e), neither any Sotheby’s Company nor the
務部，電話號碼是+44 20 7293 6005。 out below. Companies Ordinance Cap.622). Seller:
Bidders’ attention is specifi cally drawn to (i) is liable for any errors or omissions in
拍賣前估價 蘇富比樂意為閣下之物品提供拍 3. DUTIES OF BIDDERS AND OF
賣前初步估價，此項免費服務由香港蘇富比之 Conditions 3 and 4 below, which require SOTHEBY’S IN RESPECT OF ITEMS information provided to Bidders by Sotheby’s
(or any Sotheby’s Company), whether orally
專家提供，服務時間為周一至五上午九時三十 them to investigate lots prior to bidding FOR SALE or in writing, whether negligent or otherwise,
分至下午四時三十分。本公司建議閣下與有關 and which contain specifi c limitations and (a) Sotheby’s knowledge in relation to each lot except as set out in Condition 3(f) above;
之專家部門作預約。如有所要求，本公司更會 exclusions of the legal liability of Sotheby’s is partially dependent on information provided (ii) gives any guarantee or warranty to
到府上為閣下之物品提供拍賣前初步估價。 and Sellers. The limitations and exclusions to it by the Seller, and Sotheby’s is not able Bidders and any implied warranties and
relating to Sotheby’s are consistent with to and does not carry out exhaustive due conditions are excluded (save in so far as
估值 估值部門就保險、遺囑認證及承繼權 its role as auctioneer of large quantities diligence on each lot. Bidders acknowledge such obligations cannot be excluded by law)
劃分、資產管理及稅務方案需要提供物品之 of goods of a wide variety and Bidders this fact and accept responsibility for carrying other than the express warranties given by
書面清單及估值。估值費用相宜，可因應不 should pay particular attention to these out inspections and investigations to satisfy the Seller to the Buyer in Condition 2 of the
同要求而作出，並能切合大部份需要。如欲 Conditions. themselves as to the lots in which they may Sellers’ Conditions of Business;
索取更多資料，請與有關之專家部門聯絡， be interested. (iii) accepts responsibility to any Bidders
電話號碼為(852) 2524 8121，傳真號碼為： 1. INTRODUCTION (b) Each lot off ered for sale at Sotheby’s is in respect of acts or omissions (whether
(852) 2810 6238。 (a) Sotheby’s and Sellers’ contractual negligent or otherwise) by Sotheby’s in
relationship with prospective Buyers is available for inspection by Bidders prior to the connection with the conduct of auctions or for
governed by: sale. Sotheby’s accepts bids on lots solely any matter relating to the sale of any lot.
on the basis that Bidders (and independent
TAX INFORMATION FOR BUYERS (i) these Conditions of Business; experts on their behalf, to the extent (c) Unless Sotheby’s owns a lot off ered for
Buyers should note that local sales taxes or (ii) the Conditions of Business for Sellers appropriate given the nature and value of the sale, it is not responsible for any breach of
use taxes may become payable upon import displayed in the saleroom and which are lot and the Bidder’s own expertise) have fully these conditions by the Seller.
of items following purchase (for example, use available upon request from Sotheby’s Hong inspected the lot prior to bidding and have
tax may be due when purchased items are im- Kong salerooms or by telephoning (852) satisfi ed themselves as to both the condition (d) Without prejudice to Condition 4(b), any
ported into certain states in the US). Buyers 2524 8121; of the lot and the accuracy of its description. claim against Sotheby’s or the Seller by a
should obtain their own advice in this regard. (iii) Sotheby’s Authenticity Guarantee as Bidder is limited to the Purchase Price with
printed in the sale catalogue; (c) Bidders acknowledge that many lots are regard to that lot. Neither Sotheby’s nor the
(iv) any additional notices and terms printed of an age and type which means that they are
In the event that Sotheby’s ships items for a not in perfect condition. All lots are off ered Seller shall under any circumstances be liable
purchaser in this sale to a destination within in the sale catalogue including the Guide for for sale in the condition they are in at the for any consequential losses.
Prospective Buyers; and
a US state in which Sotheby’s is registered to (v) in respect of online bidding via the time of the auction (whether or not Bidders
collect sales tax, Sotheby’s is obliged to collect internet, the BID now Conditions on the are in attendance at the auction). Condition (e) None of this Condition 4 shall exclude
and remit the respective state’s sales /use tax Sotheby’s website, reports may be available to assist when or limit Sotheby’s liability in respect of any
in eff ect on the total purchase price (including in each case as amended by any saleroom inspecting lots. Catalogue descriptions and fraudulent misrepresentation made by
Sotheby’s or the Seller, or in respect of death
hammer price, buyer’s premium, shipping notice or auctioneer’s announcement at the condition reports may on occasions make or personal injury caused by the negligent
costs and insurance), of such items, regard- auction. reference to particular imperfections of a lot, acts or omissions of Sotheby’s or the Seller.
less of the country in which the purchaser but Bidders should note that lots may have
resides or is a citizen. Where the purchaser (b) As auctioneer, Sotheby’s acts as agent other faults not expressly referred to in the 5. BIDDING AT AUCTION
has provided Sotheby’s with a valid Resale for the Seller. A sale contract is made directly catalogue or condition report. Illustrations (a) Sotheby’s has absolute discretion to
Exemption Certifi cate prior to the release between the Seller and the Buyer. However, are for identifi cation purposes only and will refuse admission to the auction. Bidders
of the property, sales / use tax will not be Sotheby’s may own a lot (and in such not convey full information as to the actual must complete a Paddle Registration Form
charged. Clients who wish to provide resale or circumstances acts in a principal capacity as condition of lots. and supply such information and references
exemption documentation for their purchases Seller) and/or may have a legal, benefi cial or as required by Sotheby’s. Bidders act as
should contact Post Sale Services. fi nancial interest in a lot as a secured creditor (d) Information provided to Bidders in principal unless they have Sotheby’s prior
respect of any lot, including any estimate,
or otherwise. whether written or oral and including written consent to bid as agent for another
Clients who wish to have their purchased lots 2. COMMON TERMS information in any catalogue, condition or party. Bidders are personally liable for their
shipped to the US by Sotheby’s are advised In these Conditions of Business: other report, commentary or valuation, is bid and are jointly and severally liable with
to contact the Post Sale Manager listed in not a representation of fact but rather is their principal if bidding as agent.
the front of this catalogue before arranging Bidder is any person considering, making or a statement of opinion genuinely held by
shipping. attempting to make a bid, by whatever means, Sotheby’s. Any estimate may not be relied on (b) Sotheby’s advises Bidders to attend the
auction but will seek to carry out absentee
and includes Buyers; as a prediction of the selling price or value of written bids which are in Hong Kong dollars
買家稅務信息 Buyer is the person who makes the highest the lot and may be revised from time to time and, in Sotheby’s opinion, clear and received
in Sotheby’s absolute discretion.
bid or off er accepted by the auctioneer, and
suffi ciently in advance of the sale of the lot,
includes such person’s principal when bidding endeavouring to ensure that the fi rst received
買家請注意，當進口物品時，或須繳付當地 as agent; (e) No representations or warranties are of identical written bids has priority.
之銷售稅或使用稅（例如進口物品至美國並 Buyer’s Expenses are any costs or made by Sotheby’s or the Seller as to whether
付運到某些州份時，或需繳付使用稅）。買 expenses due to Sotheby’s from the Buyer; any lot is subject to copyright or whether the (c) Where available, written, telephone
家應自行就此方面尋求稅務意見。 Buyer’s Premium is the commission Buyer acquires copyright in any lot. and internet bids are off ered as an
payable by the Buyer on the Hammer Price at additional service for no extra charge, at the
蘇富比付運本次拍賣之物品目的地為美國而 the rates set out in the Guide for Prospective (f) Subject to the matters referred to at 3(a) Bidder’s risk and shall be undertaken with
蘇富比在此美國州登記為美國銷售稅納稅人 Buyers; to 3(e) above and to the specifi c exclusions reasonable care subject to Sotheby’s other
時，蘇富比必須徵收並繳交當地之銷售或使 Counterfeit is as defi ned in Sotheby’s contained at Condition 4 below, Sotheby’s commitments at the time of the auction;
用稅，該稅項根據成交總額而定（總額包括 Authenticity Guarantee; shall exercise such reasonable care when Sotheby’s therefore cannot accept liability
落鎚價、買家佣金、運送服務費用及保險） Hammer Price is the highest bid accepted making express statements in catalogue for failure to place such bids save where
by the auctioneer by the fall of the hammer, descriptions or condition reports as is such failure is unreasonable. Telephone and
consistent with its role as auctioneer of lots in
(in the case of wine, as apportioned pro-rata internet bids may be recorded. Internet bids
the sale to which these Conditions relate, and
in the light of 131