Page 113 - 2020 Nov 30 Christie's Hong Kong Scholars Art Of China

(A) PHONE BIDS behalf of the seller and will not make any bid on behalf If either of the above warranties are incorrect, the
Your request for this service must be made no of the seller at or above the reserve. If lots are offered seller shall not have to pay more than the purchase
later than 24 hours prior to the auction. We will without reserve, the auctioneer will generally decide price (as defined in paragraph F1(a) below) paid
accept bids by telephone for lots only if our staff are to open the bidding at 50% of the low estimate for by you to us. The seller will not be responsible to
available to take the bids. Telephone bids cannot be the lot. If no bid is made at that level, the auctioneer you for any reason for loss of profits or business,
accepted for lots estimated below HK$30,000. If you may decide to go backwards at his or her sole option expected savings, loss of opportunity or interest,
need to bid in a language other than in English, you until a bid is made, and then continue up from that costs, damages, other damages or expenses. The
must arrange this well before the auction. We may amount. In the event that there are no bids on a lot, seller gives no warranty in relation to any lot other
record telephone bids. By bidding on the telephone, the auctioneer may deem such lot unsold. than as set out above and, as far as the seller is
you are agreeing to us recording your conversations. allowed by law, all warranties from the seller to you,
You also agree that your telephone bids are governed 6 BID INCREMENTS and all other obligations upon the seller which may
by these Conditions of Sale. Bidding generally starts below the low estimate and be added to this agreement by law, are excluded.
(B) INTERNET BIDS ON CHRISTIE’S LIVE™ increases in steps (bid increments). The auctioneer
For certain auctions we will accept bids over the will decide at his or her sole option where the 2 OUR AUTHENTICITY WARRANTY
Internet. Please visit www.christies.com/livebidding bidding should start and the bid increments. The We warrant, subject to the terms below, that the
and click on the ‘Bid Live’ icon to see details of how to usual bid increments are shown for guidance only on lots in our sales are authentic (our “authenticity
watch, hear and bid at the auction from your computer. the Written Bid Form at the back of this catalogue. warranty”). If, within 5 years of the date of the
As well as these Conditions of Sale, internet bids auction, you give notice to us that your lot is not
are governed by the Christie’s LIVE™ terms of use 7 CURRENCY CONVERTER authentic, subject to the terms below, we will refund
which are available on https://www.christies.com/ The saleroom video screens, Christie’s LIVE™ and the purchase price paid by you. The meaning
LiveBidding/OnlineTermsOfUse.aspx. Christie’s website may show bids in some other major of authentic can be found in the glossary at the
(C) WRITTEN BIDS currencies from that of the saleroom. Any conversion end of these Conditions of Sale. The terms of the
You can find a Written Bid Form at the back of our is for guidance only and we cannot be bound by authenticity warranty are as follows:
catalogues, at any Christie’s office or by choosing the any rate of exchange used by Christie’s. Christie’s is (a) It will be honoured for claims notified within a
sale and viewing the lots online at www.christies. not responsible for any error (human or otherwise), period of 5 years from the date of the auction. After
com. We must receive your completed Written omission or breakdown in providing these services. such time, we will not be obligated to honour the
Bid Form at least 24 hours before the auction. Bids authenticity warranty.
must be placed in the currency of the saleroom. 8 SUCCESSFUL BIDS (b) It is given only for information shown in
The auctioneer will take reasonable steps to carry Unless the auctioneer decides to use his or her UPPERCASE type in the first line of the catalogue
out written bids at the lowest possible price, taking discretion as set out in paragraph C3 above, when description (the “Heading”). It does not apply to
into account the reserve. If you make a written bid the auctioneer’s hammer strikes, we have accepted any information other than in the Heading, even if
on a lot which does not have a reserve and there is the last bid. This means a contract for sale has been shown in UPPERCASE type.
no higher bid than yours, we will bid on your behalf formed between the seller and the successful bidder. (c) The authenticity warranty does not apply to any
at around 50% of the low estimate or, if lower, the We will issue an invoice only to the registered bidder Heading or part of a Heading which is qualified.
amount of your bid. If we receive written bids on a who made the successful bid. While we send out Qualified means limited by a clarification in a lot’s
lot for identical amounts, and at the auction these invoices by post and/or email after the auction, we catalogue description or by the use in a Heading
are the highest bids on the lot, we will sell the lot to do not accept responsibility for telling you whether of one of the terms listed in the section titled
the bidder whose written bid we received first. or not your bid was successful. If you have bid by Qualified Headings on the page of the catalogue
written bid, you should contact us by telephone or in headed “Important Notices and Explanation of
C CONDUCTING THE SALE person as soon as possible after the auction to get Cataloguing Practice”. For example, use of the term
1 WHO CAN ENTER THE AUCTION details of the outcome of your bid to avoid having to “ATTRIBUTED TO…..” in a Heading means that the
We may, at our option, refuse admission to our pay unnecessary storage charges. lot is in Christie’s opinion probably a work by the
premises or decline to permit participation in any named artist but no warranty is provided that the lot
auction or to reject any bid. 9 LOCAL BIDDING LAWS is the work of the named artist. Please read the full
You agree that when bidding in any of our sales list of Qualified Headings and a lot’s full catalogue
2 RESERVES that you will strictly comply with all local laws and description before bidding.
Unless otherwise indicated, all lots are subject to a regulations in force at the time of the sale for the (d) The authenticity warranty applies to the
reserve. We identify lots that are offered without relevant sale site. Heading as amended by any Saleroom Notice.
reserve with the symbol • next to the lot number. The (e) The authenticity warranty does not apply
reserve cannot be more than the lot’s low estimate. D THE BUYER’S PREMIUM, TAXES where scholarship has developed since the auction
1 THE BUYER’S PREMIUM leading to a change in generally accepted opinion.
3 AUCTIONEER’S DISCRETION In addition to the hammer price, the successful Further it does not apply if the Heading either
The auctioneer can at his sole option: bidder agrees to pay us a buyer’s premium on matched the generally accepted opinion of experts
(a) refuse any bid; the hammer price of each lot sold. On all lots at the date of the sale or drew attention to any
(b) move the bidding backwards or forwards in any way we charge 25% of the hammer price up to and conflict of opinion.
he or she may decide, or change the order of the lots; including HK$5,000,000, 20% on that part of the (f) The authenticity warranty does not apply if
(c) withdraw any lot; hammer price over HK$5,000,000 and up to and the lot can only be shown not to be authentic by a
(d) divide any lot or combine any two or more lots; including HK$50,000,000, and 14.5% of that part of scientific process which, on the date we published
(e) reopen or continue the bidding even after the the hammer price above HK$50,000,000. the catalogue, was not available or generally
hammer has fallen; and accepted for use, or which was unreasonably
(f) in the case of error or dispute related to bidding 2 TAXES expensive or impractical, or which was likely to have
and whether during or after the auction, continue The successful bidder is responsible for any applicable damaged the lot.
the bidding, determine the successful bidder, cancel tax including any VAT, sales or compensating use (g) The benefit of the authenticity warranty is only
the sale of the lot, or reoffer and resell any lot. If tax or equivalent tax wherever such taxes may arise available to the original buyer shown on the invoice
you believe that the auctioneer has accepted the on the hammer price and the buyer’s premium. It for the lot issued at the time of the sale and only if,
successful bid in error, you must provide a written is the buyer’s responsibility to ascertain and pay all on the date of the notice of claim, the original buyer
notice detailing your claim within 3 business days of taxes due. In all circumstances Hong Kong law takes is the full owner of the lot and the lot is free from
the date of the auction. The auctioneer will consider precedence. Christie’s recommends you obtain your any claim, interest or restriction by anyone else. The
such claim in good faith. If the auctioneer, in the own independent tax advice. benefit of this authenticity warranty may not be
exercise of his or her discretion under this paragraph, For lots Christie’s ships to the United States, a state transferred to anyone else.
decides after the auction is complete, to cancel the sales or use tax may be due on the hammer price, (h) In order to claim under the authenticity
sale of a lot, or reoffer and resell a lot, he or she will buyer’s premium and/or any other charges related warranty you must:
notify the successful bidder no later than by the end to the lot, regardless of the nationality or citizenship (i) give us written notice of your claim within 5
of the 7th calendar day following the date of the of the purchaser. Christie’s will collect sales tax years of the date of the auction. We may require full
auction. The auctioneer’s decision in exercise of this where legally required. The applicable sales tax rate details and supporting evidence of any such claim;
discretion is final. This paragraph does not in any will be determined based upon the state, county, or (ii) at Christie’s option, we may require you to provide
way prejudice Christie's ability to cancel the sale of locale to which the lot will be shipped. Successful the written opinions of two recognized experts in
a lot under any other applicable provision of these bidders claiming an exemption from sales tax must the field of the lot mutually agreed by you and us in
Conditions of Sale, including the rights of cancellation provide appropriate documentation to Christie’s advance confirming that the lot is not authentic. If
set forth in sections B(3), E(2)(i), F(4) and J(1). prior to the release of the lot. For shipments to we have any doubts, we reserve the right to obtain
those states for which Christie’s is not required additional opinions at our expense; and
4 BIDDING to collect sales tax, a successful bidder may be (iii) return the lot at your expense to the saleroom
The auctioneer accepts bids from: required to remit use tax to that state’s taxing from which you bought it in the condition it was in
(a) bidders in the saleroom; authorities. Christie's recommends you obtain your at the time of sale.
(b) telephone bidders, and internet bidders through own independent tax advice with further questions. (i) Your only right under this authenticity warranty
‘Christie’s LIVE™ (as shown above in Section B6); and is to cancel the sale and receive a refund of the
(c) written bids (also known as absentee bids or E WARRANTIES purchase price paid by you to us. We will not, in any
commission bids) left with us by a bidder before the 1 SELLER’S WARRANTIES circumstances, be required to pay you more than
auction. For each lot, the seller gives a warranty that the seller: the purchase price nor will we be liable for any loss
(a) is the owner of the lot or a joint owner of the lot of profits or business, loss of opportunity or value,
5 BIDDING ON BEHALF OF THE SELLER acting with the permission of the other co-owners or, expected savings or interest, costs, damages, other
The auctioneer may, at his or her sole option, bid on if the seller is not the owner or a joint owner of the damages or expenses.
behalf of the seller up to but not including the amount lot, has the permission of the owner to sell the lot, or (j) Books. Where the lot is a book, we give an
of the reserve either by making consecutive bids the right to do so in law; and additional warranty for 14 days from the date of the
or by making bids in response to other bidders. The (b) has the right to transfer ownership of the lot sale that if on collation any lot is defective in text
auctioneer will not identify these as bids made on to the buyer without any restrictions or claims by or illustration, we will refund your purchase price,
anyone else. subject to the following terms: 111