Page 145 - Sotheby's London Fine Japanese Art Nov. 2019

by Sotheby’s or the Seller, or in respect has passed and appropriate identification Expenses for that lot, the Buyer will remain or licence shall not justify cancellation or
of death or personal injury caused by the has been provided, and any earlier release liable for the shortfall together with all rescission of the sale contract or any delay
negligent acts or omissions of Sotheby’s does not affect the passing of title or the costs incurred in such resale; in payment.
or the Seller. Buyer’s unconditional obligation to pay the
Purchase Price and Buyer’s Expenses. (i) commence legal proceedings to recover 12. GENERAL
5. BIDDING AT AUCTION the Purchase Price and Buyer’s Expenses
(c) The Buyer is obliged to arrange collec- for that lot, together with interest and (a) All images and other materials pro-
(a) Sotheby’s has absolute discretion tion of purchased lots no later than thirty the costs of such proceedings on a full duced for the auction are the copyright of
to refuse admission to the live auction. (30) calendar days after the date of the indemnity basis; or Sotheby’s, for use at Sotheby’s discretion.
Bidders who wish to bid in person must live auction. Purchased lots are at the (b) Notices to Sotheby’s should be in
complete a Paddle Registration Form and Buyer’s risk (and therefore their sole re- (j) release the name and address of the
supply such information and references sponsibility for insurance) from the earliest Buyer to the Seller to enable the Seller to writing and addressed to the depart-
ment in charge of the sale, quoting the
as required by Sotheby’s. Bidders act as of i) collection or ii) the thirty-first calendar commence legal proceedings to recover
principal unless they have Sotheby’s prior day after the live auction. Until risk passes, the amounts due and legal costs. So- reference number of the sale. Notices to
Sotheby’s clients shall be addressed to the
written consent to bid as agent for another Sotheby’s will compensate the Buyer for theby’s will take reasonable steps to notify
party. Bidders are personally liable for their any loss or damage to the lot up to a maxi- the Buyer prior to releasing such details last address formally notified by them to
Sotheby’s.
bid and are jointly and severally liable with mum of the Purchase Price paid. Buyers to the Seller.
their principal if bidding as agent. should note that Sotheby’s assumption 9. BIDDER’S / BUYER’S WARRANTIES (c) Should any provision of these Condi-
(b) Where available, telephone bids are of liability for loss or damage is subject to (a) The Bidder and/or Buyer is not subject tions of Business be held unenforceable
for any reason, the remaining provisions
offered as an additional service for no the exclusions set out in Condition 6 of the to trade sanctions, embargoes or any shall remain in full force and effect.
extra charge, at the Bidder’s risk and Conditions of Business for Sellers. other restriction on trade in the jurisdiction
shall be undertaken with reasonable care (d) For all items stored by a third party and in which it does business as well as under (d) These Conditions of Business are not
subject to Sotheby’s other commitments not available for collection from Sotheby’s the laws of the European Union, the laws assignable by any Buyer without Sotheby’s
at the time of the live auction; Sotheby’s premises, the supply of authority to of England and Wales, or the laws and prior written consent, but are binding
therefore cannot accept liability for failure release to the Buyer shall constitute collec- regulations of the United States, and is not on Buyers’ successors, assigns and
to place such bids save where such failure tion by the Buyer. owned (nor partly owned) or controlled by representatives. No act, omission or delay
is unreasonable. Telephone bids may be such sanctioned person(s) (collectively, by Sotheby’s shall be deemed a waiver or
recorded. (e) All packing and handling is at the release of any of its rights.
Buyer’s risk. Sotheby’s will not be liable for “Sanctioned Person(s)”).
(c) Online bids are made subject to the any acts or omissions of third party pack- (b) Where acting as agent, the principal is (e) The Contracts (Rights of Third Parties)
Additional Terms and Conditions for Online ers or shippers. Act 1999 is excluded by these Conditions
Bidding (published below and available on not a Sanctioned Person(s) nor owned (or of Business and shall not apply to any
partly owned) or controlled by Sanctioned
www.sothebys.com or via the Sotheby’s 8. REMEDIES FOR NON-PAYMENT contract made pursuant to them.
App) which apply in relation to bids sub- Without prejudice to any rights the Person(s). (f) The materials listed in Condition 1(a)
mitted via an Online Platform, in addition (c) The Bidder and/or Buyer undertakes
to these Conditions of Business. Seller may have, if the Buyer without prior that none of the Purchase Price will be above set out the entire agreement and
agreement fails to make payment for the funded by any Sanctioned Person(s), nor understanding between the parties with
6. CONDUCT OF THE AUCTION lot within five days of the live auction, So- will any party involved in the transaction respect to the subject matter hereof. It is
theby’s may in its sole discretion (having agreed that, save in respect of liability for
(a) Unless otherwise specified, all lots are informed the Seller) exercise one or more including financial institutions, freight fraudulent misrepresentation, no party
offered subject to a Reserve, which shall be of the following remedies: forwarders or other forwarding agents or has entered into any contract pursuant to
no higher than the low presale estimate at any other party be a Sanctioned Person(s) these terms in reliance on any representa-
the start of the live auction. (a) store the lot at its premises or nor owned (or partly owned) or controlled tion, warranty or undertaking which is not
elsewhere at the Buyer’s sole risk and by a Sanctioned Person(s), unless such
(b) The auctioneer has discretion at any expense; activity is authorized in writing by the expressly referred to in such materials.
time to refuse any bid, withdraw any lot, government authority having jurisdiction 13. DATA PROTECTION
re-offer a lot for sale (including after the fall (b) cancel the sale of the lot; over the transaction or in applicable law or
of the hammer) if he believes there may (c) set off any amounts owed to the Buyer regulation. Sotheby’s will hold and process the
be error or dispute, and take such other by a Sotheby’s Company against any Buyer’s personal information and may
action as he reasonably thinks fit. amounts owed to Sotheby’s by the Buyer 10. FAILURE TO COLLECT PURCHASES share it with another Sotheby’s Group
(c) During the live auction, the auctioneer in respect of the lot; (a) If the Buyer pays the Purchase Price company for use as described in, and
in line with, Sotheby’s Privacy Policy
will commence and advance the bidding (d) apply any payments made to Sothe- and Buyer’s Expenses but fails to collect published on Sotheby’s website at www.
at levels and in increments he considers by’s by the buyer as part of the Purchase a purchased lot within thirty calendar sothebys.com or available on request by
appropriate and is entitled to place a bid or Price and Buyer’s Expenses towards that days of the live auction, the lot will be email to enquiries@sothebys.com.
series of bids on behalf of the Seller up to or any other lot purchased by the Buyer, stored at the Buyer’s expense (and risk) at
the Reserve on the lot, without indicating or to any shortfall on the resale of any lot Sotheby’s or with a third party. 14. LAW AND JURISDICTION
he is doing so and whether or not other pursuant to paragraph (h) below, or to any (b) If a purchased lot is paid for but not col-
bids are placed. damages suffered by Sotheby’s as a result lected within six months of the live auction, Governing Law These Conditions of Busi-
(d) Subject to Condition 6(b), the contract of breach of contract by the Buyer; the Buyer authorises Sotheby’s, having ness and all aspects of all matters, transac-
tions or disputes to which they relate or
between the Buyer and the Seller is con- (e) reject future bids from the Buyer or given notice to the Buyer, to arrange a re- apply (including any online bids in the sale
cluded on the striking of the auctioneer’s render such bids subject to payment of sale of the item by auction or private sale, to which these Conditions apply) shall be
hammer, whereupon the Buyer becomes a deposit; with estimates and reserves at Sotheby’s governed by and interpreted in accordance
liable to pay the Purchase Price. discretion. The proceeds of such sale, less with English law.
(f) charge interest at 6% per annum above all costs incurred by Sotheby’s, will be for-
(e) Any post-auction sale of lots offered at HSBC Bank plc Base Rate from the Due feited unless collected by the Buyer within Jurisdiction For the benefit of Sotheby’s,
auction shall incorporate these Conditions Date to the date the Purchase Price and two years of the original live auction. all Bidders and Sellers agree that the
as if sold in the live auction. relevant Buyer’s Expenses are received Courts of England are to have exclusive
in cleared funds (both before and after 11. EXPORT AND PERMITS jurisdiction to settle all disputes arising in
7. PAYMENT AND COLLECTION judgement); connection with all aspects of all matters
(a) Unless otherwise agreed, payment (g) exercise a lien over any of the Buyer’s It is the Buyer’s sole responsibility to or transactions to which these Conditions
identify and obtain any necessary export,
of the Purchase Price for a lot and any property which is in the possession of of Business relate or apply. All parties
Buyer’s Expenses are due by the Buyer in a Sotheby’s Company. Sotheby’s shall import, firearm, endangered species or agree that Sotheby’s shall retain the right
other permit for the lot. Any symbols or
pounds sterling immediately on conclu- inform the Buyer of the exercise of any to bring proceedings in any court other
sion of the live auction (the “Due Date”) such lien and within 14 days of such notice notices published in respect of the lot than the Courts of England.
reflect Sotheby’s reasonable opinion at
notwithstanding any requirements for ex- may arrange the sale of such property and
port, import or other permits for such lot. apply the proceeds to the amount owed the time of cataloguing and offer Bidders Service of Process All Bidders and Sellers
irrevocably consent to service of process
general guidance only. Without prejudice
(b) Title in a purchased lot will not pass to Sotheby’s; to Conditions 3 and 4 above, Sotheby’s or any other documents in connection
until Sotheby’s has received the Purchase (h) resell the lot by auction or private sale, and the Seller make no representations or with proceedings in any court by facsimile
Price and Buyer’s Expenses for that lot in with estimates and reserves at Sotheby’s warranties as to whether any lot is or is not transmission, personal service, delivery by
cleared funds. Sotheby’s is not obliged to discretion. In the event such resale is for subject to export or import restrictions or mail or in any other manner permitted by
release a lot to the Buyer until title in the lot less than the Purchase Price and Buyer’s any embargoes. The denial of any permit English law, the law of the place of service
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