Page 158 - 2019 October Important Chinese Ceramics Sotheby's Hong Kong

CONDITIONS OF BUSINESS (including their agent (other than Sotheby’s), 4. EXCLUSIONS AND LIMITATIONS OF 6. CONDUCT OF THE AUCTION
executors or personal representatives); LIABILITY TO BUYERS (a) Unless otherwise specifi ed, all lots are
The nature of the relationship between Sotheby’s means Sotheby’s Hong Kong Ltd., (a) Sotheby’s shall refund the Purchase Price off ered subject to a Reserve, which shall be no
Sotheby’s, Sellers and Bidders and the which has its registered offi ce at Level 54, to the Buyer in circumstances where it deems higher than the low presale estimate at the time
terms on which Sotheby’s (as auctioneer) Hopewell Centre, 183 Queen’s Road East, Hong that the lot is a Counterfeit and each of the of the auction.
and Sellers contract with Bidders are set Kong; conditions of the Authenticity Guarantee has
out below. Sotheby’s Company means Sotheby’s in been satisfi ed. (b) The auctioneer has absolute discretion at
the USA and any of its subsidiaries (including any time to refuse or accept any bid, withdraw
Bidders’ attention is specifi cally drawn to Sotheby’s) and Sotheby’s Diamonds SA and its (b) In the light of the matters in Condition 3 any lot, re-off er a lot for sale (including after the
Conditions 3 and 4 below, which require subsidiaries (in each case ‘subsidiary’ having above and subject to Conditions 4(a) and 4(e), fall of the hammer), and take such other action
them to investigate lots prior to bidding the meaning of Section 2 of the Companies neither any Sotheby’s Company nor the Seller: as he reasonably thinks fi t.
and which contain specifi c limitations Ordinance Cap.622).
and exclusions of the legal liability of (i) is liable for any errors or omissions in (c) The auctioneer will commence and
Sotheby’s and Sellers. The limitations 3. DUTIES OF BIDDERS AND OF information provided to Bidders by Sotheby’s (or advance the bidding at levels and in increments
and exclusions relating to Sotheby’s are SOTHEBY’S IN RESPECT OF ITEMS FOR any Sotheby’s Company), whether orally or in he considers appropriate and is entitled to
consistent with its role as auctioneer SALE writing, whether negligent or otherwise, except place a bid or series of bids on behalf of the
of large quantities of goods of a wide (a) Sotheby’s knowledge in relation to each lot as set out in Condition 3(f) above; Seller up to the Reserve on the lot, without
variety and Bidders should pay particular is partially dependent on information provided (ii) gives any guarantee or warranty to Bidders indicating he is doing so and whether or not
attention to these Conditions. to it by the Seller, and Sotheby’s is not able and any implied warranties and conditions are other bids are placed.
to and does not carry out exhaustive due excluded (save in so far as such obligations
1. INTRODUCTION diligence on each lot. Bidders acknowledge cannot be excluded by law) other than the (d) Subject to Condition 6(b), the contract
(a) Sotheby’s and Sellers’ contractual this fact and accept responsibility for carrying express warranties given by the Seller to the between the Buyer and the Seller is concluded
relationship with prospective Buyers is out inspections and investigations to satisfy Buyer in Condition 2 of the Sellers’ Conditions on the striking of the auctioneer’s hammer,
governed by: themselves as to the lots in which they may be of Business; whereupon the Buyer becomes liable to pay the
interested. (iii) accepts responsibility to any Bidders in Purchase Price.
(i) these Conditions of Business; respect of acts or omissions (whether negligent
(ii) the Conditions of Business for Sellers (b) Each lot off ered for sale at Sotheby’s is or otherwise) by Sotheby’s in connection with (e) Any post-auction sale of lots off ered at
displayed in the saleroom and which are available for inspection by Bidders prior to the the conduct of auctions or for any matter auction shall incorporate these Conditions as if
available upon request from Sotheby’s Hong sale. Sotheby’s accepts bids on lots solely on relating to the sale of any lot. sold in the auction.
Kong salerooms or by telephoning (852) 2524 the basis that Bidders (and independent experts
8121; on their behalf, to the extent appropriate given (c) Unless Sotheby’s owns a lot off ered for 7. PAYMENT AND COLLECTION
(iii) Sotheby’s Authenticity Guarantee as the nature and value of the lot and the Bidder’s sale, it is not responsible for any breach of these (a) Unless otherwise agreed, payment of
printed in the sale catalogue; own expertise) have fully inspected the lot prior conditions by the Seller. the Purchase Price for a lot and any Buyer’s
(iv) any additional notices and terms printed to bidding and have satisfi ed themselves as to Expenses are due in Hong Kong dollars
in the sale catalogue, including the Guide for both the condition of the lot and the accuracy of (d) Without prejudice to Condition 4(b), any immediately on conclusion of the auction (the
Prospective Buyers, in each case as amended its description. claim against Sotheby’s or the Seller by a Bidder “Due Date”) notwithstanding any requirements
by any saleroom notice or auctioneer’s is limited to the Purchase Price with regard to for export, import or other permits for such lot.
announcement at the auction; and (c) Bidders acknowledge that many lots are that lot. Neither Sotheby’s nor the Seller shall
(v) in respect of online bidding via the internet, of an age and type which means that they are under any circumstances be liable for any (b) Title in a purchased lot will not pass until
the Conditions of Business for Live Online not in perfect condition. All lots are off ered consequential losses. Sotheby’s has received the Purchase Price
Bidding on the Sotheby’s website, for sale in the condition they are in at the time and Buyer’s Expenses for that lot in cleared
in each case as amended by any saleroom of the auction (whether or not Bidders are in (e) None of this Condition 4 shall exclude funds. Sotheby’s is not obliged to release a lot
notice or auctioneer’s announcement at the attendance at the auction). Condition reports or limit Sotheby’s liability in respect of any to the Buyer until title in the lot has passed and
auction. may be available to assist when inspecting lots. fraudulent misrepresentation made by appropriate identifi cation has been provided,
Catalogue descriptions and condition reports Sotheby’s or the Seller, or in respect of death or and any earlier release does not aff ect the
(b) As auctioneer, Sotheby’s acts as agent may on occasions make reference to particular personal injury caused by the negligent acts or passing of title or the Buyer’s unconditional
for the Seller. A sale contract is made directly imperfections of a lot, but Bidders should note omissions of Sotheby’s or the Seller. obligation to pay the Purchase Price and Buyer’s
between the Seller and the Buyer. However, that lots may have other faults not expressly Expenses.
Sotheby’s may own a lot (and in such referred to in the catalogue or condition report. 5. BIDDING AT AUCTION
circumstances acts in a principal capacity as Illustrations are for identifi cation purposes only (a) Sotheby’s has absolute discretion to (c) The Buyer is obliged to arrange collection of
Seller) and/or may have a legal, benefi cial or and will not convey full information as to the refuse admission to the auction. Bidders must purchased lots no later than thirty (30) calendar
fi nancial interest in a lot as a secured creditor or actual condition of lots. complete a Paddle Registration Form and supply days after the date of the auction. Purchased
otherwise. such information and references as required by lots are at the Buyer’s risk (and therefore their
(d) Information provided to Bidders in Sotheby’s. Bidders act as principal unless they sole responsibility for insurance) from the
2. COMMON TERMS respect of any lot, including any estimate, have Sotheby’s prior written consent to bid as earliest of
In these Conditions of Business: whether written or oral and including agent for another party. Bidders are personally
information in any catalogue, condition or liable for their bid and are jointly and severally (i) collection or
Bidder is any person considering, making or other report, commentary or valuation, is not a liable with their principal if bidding as agent. (ii) the thirty-fi rst calendar day after the
attempting to make a bid, by whatever means, representation of fact but rather is a statement auction. Until risk passes, Sotheby’s will
and includes Buyers; of opinion genuinely held by Sotheby’s. Any (b) Sotheby’s advises Bidders to attend the compensate the Buyer for any loss or damage
Buyer is the person who makes the highest estimate may not be relied on as a prediction of auction but will seek to carry out absentee to the lot up to a maximum of the Purchase
bid or off er accepted by the auctioneer, and the selling price or value of the lot and may be written bids which are in Hong Kong dollars Price paid. Buyers should note that Sotheby’s
includes such person’s principal when bidding revised from time to time in Sotheby’s absolute and, in Sotheby’s opinion, clear and received assumption of liability for loss or damage is
as agent; discretion. suffi ciently in advance of the sale of the lot, subject to the exclusions set out in Condition 6
Buyer’s Expenses are any costs or expenses endeavouring to ensure that the fi rst received of of the Conditions of Business for Sellers.
due to Sotheby’s from the Buyer; (e) No representations or warranties are made identical written bids has priority.
Buyer’s Premium is the commission payable by Sotheby’s or the Seller as to whether any 8. REMEDIES FOR NON-PAYMENT
by the Buyer on the Hammer Price at the rates lot is subject to copyright or whether the Buyer (c) Where available, written, telephone and Without prejudice to any rights the Seller may
set out in the Guide for Prospective Buyers; acquires copyright in any lot. internet bids are off ered as an additional have, if the Buyer without prior agreement
Counterfeit is as defi ned in Sotheby’s service for no extra charge, at the Bidder’s risk fails to make payment in full for the lot within
Authenticity Guarantee; (f) Subject to the matters referred to at 3(a) and shall be undertaken with reasonable care fi ve days of the auction, or in accordance with
Hammer Price is the highest bid accepted by to 3(e) above and to the specifi c exclusions subject to Sotheby’s other commitments at any payment schedule agreed with Sotheby’s,
the auctioneer by the fall of the hammer, (in contained at Condition 4 below, Sotheby’s shall the time of the auction; Sotheby’s therefore Sotheby’s may in its sole discretion (having
the case of wine, as apportioned pro-rata by exercise such reasonable care when making cannot accept liability for failure to place such informed the Seller) exercise one or more of the
reference to the number of separately identifi ed express statements in catalogue descriptions bids save where such failure is unreasonable. following remedies:
items in that lot), or in the case of a post-auction or condition reports as is consistent with its role Telephone and internet bids may be recorded.
sale, the agreed sale price; as auctioneer of lots in the sale to which these Online bids are made subject to the Conditions (a) store the lot at its premises or elsewhere at
Purchase Price is the Hammer Price and Conditions relate, and in the light of of Business for Live Online Bidding available the Buyer’s sole risk and expense;
applicable Buyer’s Premium; on the Sotheby’s website or upon request.
Reserve is the (confi dential) minimum (i) the information provided to it by the Seller; The Conditions for Live Online Bidding apply (b) terminate the contract of the sale of the lot,
Hammer Price at which the Seller has agreed to (ii) scholarship and technical knowledge; and in relation to online bids, in addition to these retaining the right to damages for the Buyer’s
sell a lot; (iii) the generally accepted opinions of relevant Conditions of Business. breach of contract;
Seller is the person off ering a lot for sale experts, in each case at the time any such
express statement is made.

156 SOTHEBY ’S