Page 149 - Sothebys Classical Paintings and Caligraphy September 2018 New York

in excess of $300,000 up to and including Terms and Conditions for Live Online to the property; and (iii) the purchaser
CONDITIONS OF SALE $4,000,000, and 12.9% of any amount in Bidding (“Online Terms”). By participating agrees to indemnify and hold Sotheby’s, its
excess of $4,000,000. in a sale via any Online Platform, Bidders a# liates, agents and warehouses harmless
The following Conditions of Sale and
Terms of Guarantee are Sotheby’s, accept the Online Terms, as well as the from and against any and all liability for
4."WithdrawalUWe reserve the right to relevant Conditions of Sale. Online bidding loss of or damage to property and any
Inc. and the Consignor’s entire
agreement with the purchaser and any withdraw any property before the sale and may not be available for Premium Lots. all claims related to loss of or damage to
bidders relative to the property listed shall have no liability whatsoever for such the property as of and from and after the
in this catalogue. withdrawal. 8."Bids Below ReserveUIf the auctioneer time Sotheby’s liability for loss or damage
deter mines that any opening bid is below
The Conditions of Sale, Terms of to the property ceases in accordance
Guarantee, the glossary, if any, and 5."Per LotUUnless otherwise announced the reserve of the article o! ered, he may with this paragraph. If any applicable
all other contents of this catalogue by the auctioneer, all bids are per lot as reject the same and withdraw the article conditions herein are not complied with
are subject to amendment by us numbered in the catalogue. from sale, and if, having acknowledged by the purchaser, the purchaser will be in
by the posting of notices or by oral an opening bid, he deter mines that any default and in addition to any and all other
announcements made during the sale. 6."BiddingUWe reserve the right to reject advance thereafter is insu# cient, he may remedies available to us and the Consignor
The property will be o< ered by us as any bid. The highest bidder acknowledged reject the advance. by law, including, without limitation, the
agent for the Consignor, unless the by the auctioneer will be the purchaser. The right to hold the purchaser liable for the
catalogue indicates otherwise. auctioneer has absolute and sole discretion 9."Purchaser’s ResponsibilityUSubject total purchase price, including all fees,
By partici pating in any sale, you in the case of error or dispute with respect to fulÞ ll ment of all of the conditions set charges and expenses more fully set forth
acknowledge that you are bound by forth herein, on the fall of the auctioneer’s
to bidding, and whether during or after the herein, we, at our option, may (x) cancel
these terms and conditions. hammer, the contract between the
sale, to determine the successful bidder, to the sale of that, or any other lot or lots
re-open the bidding, to cancel the sale or consignor and the purchaser is concluded, sold to the defaulting purchaser at the
1."As Is"Goods auctioned are often
to re-o! er and re-sell the item in dispute. If and the winning bidder thereupon will same or any other auction, retaining as
of some age. The authenticity of the
any dispute arises after the sale, our sale immediately pay the full purchase price liquidated damages all payments made by
Authorship (as deÞ ned below) of property
record is conclusive. In our discretion we or such part as we may require. Title in a the purchaser, or (y) resell the purchased
listed in the catalogue is guaranteed as
will execute order or absentee bids and purchased lot will not pass until Sotheby’s property, whether at public auction or by
stated in the Terms of Guarantee and
accept telephone bids and online bids via has received the full purchase price in private sale, or (z) e! ect any combination
except for the Limited Warranty contained
BIDnow, eBay, Invaluable or other online cleared funds. The purchaser’s obligation thereof. In any case, the purchaser will
therein, all property is sold “AS IS” without
platforms as a convenience to clients who to immediately pay the full purchase price be liable for any deÞ ciency, any and all
any representations or warranties by us or
are not present at auctions; Sotheby’s is or such part as we may require is absolute costs, handling charges, late charges,
the Consignor as to merchantability, Þ tness
not responsible for any errors or omissions and unconditional and is not subject to any expenses of both sales, our com missions
for a particular purpose, the correctness
in connection there with. Prospective defenses, seto! s or counterclaims of any on both sales at our regular rates, legal
of the catalogue or other description of
bidders should also consult sothebys.com kind whatsoever. Sotheby’s is not obligated fees and expenses, collection fees and
the physical condition, size, quality, rarity,
for the most up to date cataloguing of the to release a lot to the purchaser until title to incidental damages. We may, in our sole
importance, medium, frame, provenance,
property in this catalogue. the lot has passed and any earlier release discretion, apply any proceeds of sale
exhibitions, literature or historical relevance
By participating in the sale, you represent does not a! ect the passing of title or the then due or thereafter becoming due to
of any property and no statement
and warrant that any bids placed by you, purchaser’s unconditional obligation to pay the purchaser from us or any a# liated
anywhere, whether oral or written, whether
or on your behalf, are not the product of the full purchase price. In addition to other company, or any payment made by the
made in the catalogue, an advertisement,
any collusive or other anti-competitive remedies available to us by law, we reserve purchaser to us or any a# liated company,
a bill of sale, a salesroom posting or
agreement and are otherwise consistent the right to impose from the date of sale a whether or not intended to reduce the
announcement, or elsewhere, shall be
with federal and state antitrust law. late charge of the annual percentage rate purchaser’s obligations with respect to
deemed such a warranty, representation
In order to bid on “Premium Lots” you of Prime + 6% of the total purchase price the unpaid lot or lots, to the deÞ ciency
or assumption of liability. We and the
must complete the required Premium Lot if payment is not made in accordance with and any other amounts due to us or
Consignor make no representations
pre-registra tion application. Sotheby’s the conditions set forth herein. Please note any a# liated companies. In addition, a
and warranties, express or implied, as
decision whether to accept any pre- Sotheby’s reserves the right to refuse to defaulting purchaser will be deemed to
to whether the purchaser acquires any
registration application shall be Þ nal. You accept payment from a source other than have granted and assigned to us and our
copyrights, including but not limited to,
must arrange for Sotheby’s to receive the buyer of record. a# liated companies, a continuing security
any reproduction rights in any property.
your pre-registration application at least Unless otherwise agreed by Sotheby’s, interest of Þ rst priority in any property or
We and the Consignor are not responsible
three working days before the sale. Please all property must be removed from our money of or owing to such purchaser in
for errors and omissions in the catalogue,
bear in mind that we are unable to obtain premises by the purchaser at his expense our possession, custody or control or in
glossary, or any supplemental material.
Þ nancial references over weekends or not later than 30 calendar days following the possession, custody or control of any
Sotheby’s will not be responsible or liable
public holidays. its sale. Purchasers are reminded that of our a# liated companies, in each case
for damage to frames and glass coverings,
Sotheby’s may require such necessary Sotheby’s liability for loss of or damage to whether at the time of the auction, the
regardless of the cause.
Þ nancial references, guarantees, deposits sold property shall cease upon the earlier default or if acquired at any time thereafter,
and/or such other security, in its absolute of (a) 30 calendar days after the date of the and we may retain and apply such property
2."InspectionUProspective bidders should
discretion, as security for your bid(s). auction and (b) our release of the property or money as collateral security for the
inspect the property before bidding to
to the purchaser or the purchaser’s obligations due to us or to any a# liated
determine its condition, size, and whether
7."Online Bids via BIDnow or other Online designated agent. Upon the expiration company of ours. We shall have all of the
or not it has been repaired or restored.
Platforms: Sotheby’s may o! er clients of such 30 calendar day period or upon rights accorded a secured party under
the opportunity to bid online via BIDnow, such earlier release, as applicable: (i) the the New York Uniform Commercial Code.
3."Buyer’s PremiumUA buyer’s premium
eBay, Invaluable or other Online Platforms purchaser bears full liability for any and all You hereby agree that Sotheby’s may Þ le
will be added to the hammer price and is
for selected sales. By participating in a loss of or damage to the property; (ii) the Þ nancing statements under the New York
payable by the purchaser as part of the
sale via any of these Online Platforms, you purchaser releases Sotheby’s, its a# liates, Uniform Commercial Code without your
total purchase price. The buyer’s premium
acknowledge that you are bound by these agents and warehouses from any and all signature. Payment will not be deemed
is 25% of the hammer price up to and
Conditions of Sale as well as the Additional liability and claims for loss of or damage to have been made in full until we have
including $300,000, 20% of any amount
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