Please read the Conditions of Sale carefully prior to registering.
1. Christie's as Agent
Except as otherwise stated, Christie's acts as agent for the seller. The contract for the sale of the property is therefore made between the seller and the buyer.
2. Bidder Registration
(a) Registration: If you have an existing MyChristie's account, you can sign into the online-only auction with your existing username and password and then subsequently register for the auction (if you have multiple accounts, you will need to select the account under which you wish to transact). If you have not previously bid or consigned with MyChristie's and, therefore, do not already have a MyChristie's account, you will need to first create a MyChristie's account by following the instructions provided at http://www.christies.com/onlineonly and providing any required information and/or completing any necessary forms. Registration for and bidding on the sale can be completed at any time beginning on Tuesday, 15 October to at 3.00pm (GMT) when the sale starts until Tuesday, 29 October 2013 when the sale ends. The first lot will close at 4:00pm on Tuesday, 29 th October and thereafter lots will close in 2 minute increments.
(b) Registering as Principal/On Behalf of a Company: If you are bidding on behalf of an entity and the entity already has a MyChristie's account, the entity's name will need to be entered as part of the sale registration process. If your entity does not already have a MyChristie's account, you cannot register online at http://www.christies.com/onlineonly. Please contact Christie's Client Services at +44 (0)207 839 9060 or via email at firstname.lastname@example.org . In either situation, Christie's may require your entity to provide certain documents or meet certain qualifications as set forth below.
We regret that for this sale, we are unable to deliver lots to addresses in Russia and Mainland China. Please provide an alternative shipping address when registering for the sale. Please contact us at Tel: +44 (0)20 7839 9060 or +1 212-636-2002 or +852 2760 1766 email@example.com for further details.
As a successful bidder, if you registered as an entity bidder, your entity will need to pay for any purchases via a credit card issued to the entity's account and not a personal account.
(c) Requirements and Bidding Limits: In order to register to bid, you are required to supply the information requested, including valid credit card information. If you are bidding on behalf of an entity, you should provide information for the credit card issued to the entity's account.
Each bidder is subject to an aggregate bidding limit in the amount of GBP £300,000 for this particular auction. This aggregate limit shall apply to all the items bid upon within the aggregate, and shall not apply on a per lot basis. The bidding limit is based upon the maximum bid you enter as opposed to the actual bid amount accepted at that time. Christie's, in its sole discretion, may lower or rescind this limit, and has the ability to contact you to request the production of documents or information in relation to such limit. A maximum bid on a lot is deducted against the aggregate bidding limit and the bidding limit will not be reset until that lot closes. If you should reach the aggregate bidding limit based on the bids you place (whether maximum bids or actual bid amounts), you will not be able to place any further bids on those items or any additional bids on other items. You may adjust (i.e. remove, lower or increase) a maximum bid on a lot as long as the bids accepted on such lot have not met or exceeded the maximum bid amount. If you have a question regarding your bidding limit, please contact Christie's Client Services on +44 (0)207 839 9060 or via email at firstname.lastname@example.org
Christie's may require the production of bank or other financial references or that you meet certain qualifications. Christie's may also require deposits of a portion of a placed bid to be made to Christie's. In such event, should you not be the successful bidder, your deposit shall be promptly returned to you. If you are the successful bidder, any such deposit shall be used to offset the appropriate portion of the purchase price.
Christie's may require you, or, if you are registering to bid on behalf of an entity in accordance with paragraph 2(b), your entity, to provide the following types of information and/or documentation, if applicable: Confirmation of registration (including, but not limited to, a Certificate of Incorporation or Certificate of Formation or Certificate of Good Standing); Confirmation of beneficial ownership (e.g., schedule of shareholders, articles of organization or operating agreement); Confirmation of registered address (e.g., utility bill, bank statement or recent postal envelope, if the registered address is not listed on the entity's documents); and a valid, government-issued photo ID for the account owner (driver's license, passport or national identity card). Christie's Client Services will contact you should such documentation be required.
(d) Refusal of Registration: Christie's reserves the right, at our complete discretion, to refuse your registration or participation in the auction, revoke your permission to participate and/or refuse to award you lots at any time prior to, during or even after the close of the sale.
3. Before the Sale
(a) Examination of Property: You may examine personally any lot which you are interested in bidding on by appointment only. Appointments must be scheduled a minimum of 24 hours in advance. To arrange an appointment, please contact email@example.com or call Christie's Client Services on +44 (0)207 839 9060. Neither Christie's nor the seller provides any guarantee in relation to the nature of the property. The property is sold "as is."
(b) Lot Descriptions: All statements by us in the online description of any property (the "lot description") or orally or in writing elsewhere are statements of opinion given honestly and with appropriate care and are not to be relied on as statements of fact. Such statements do not constitute a representation, warranty or assumption of liability by us of any kind.
The contents of any lot description are subject to change and should not be relied upon as definitively representing the lot. References in the lot description or any other supplementary material to damage are for guidance only and should be evaluated by personal inspection by the bidder or a knowledgeable representative. The absence of such a reference does not imply that an item is free from defects, nor does a reference to particular defects imply the absence of any others. Except as set forth in paragraph 6b below, neither Christie's, nor the seller is responsible for errors or omissions in the lot description or any supplemental material, including but not limited to photographs.
(c) Estimates: The lot descriptions include estimates that are based upon prices recently paid at auction for comparable property and take into account condition, rarity, quality and provenance (history of previous ownership). Estimates are subject to revision. Estimates of the selling price should not be relied on as a statement that this is the price at which the item will sell or its value for any other purpose. Estimates do not include the buyer's premium, sales taxes or shipping charges including export or import licenses.
(d) Buyer's Responsibility: All property is sold "as is" without any representation or warranty of any kind by Christie's or the seller except for the Limited Warranty as set out in paragraph 6(b) below. Buyers are responsible for satisfying themselves concerning the condition of the property and the matters referred to in the lot description. If you are considering bidding on a lot you should examine it – see 3(a) above. You are also responsible for making yourself aware of any amendments to these terms and conditions during the sale, which will be available at http://www.christies.com/onlineonly.
(e) Condition Reports: Condition reports will often be made available online. The lot descriptions may include references to condition in descriptions of multiple works (such as prints, books and wine). Please contact Christie's Client Services at +44 (0)207 839 9060 or via email at picassoceramics for supplementary information, such as a condition report on a particular lot. Such information is provided as a service to interested clients. Bidders should note that descriptions of property are not warranties and that each lot is sold "as is." We recommend that you always examine the property personally.
ALL DIMENSIONS ARE APPROXIMATE
(f) Property Incorporating Materials from Endangered and Other Protected Species: Property made of or incorporating (irrespective of percentage) endangered and other protected species of wildlife are marked with the symbol ~ in the lot description (or are identified in the lot description with language indicating as such). Such material includes, among other things, ivory, tortoiseshell, crocodile skin, rhinoceros horn, whale bone and certain species of coral, together with Brazilian rosewood. Prospective purchasers are advised that several countries prohibit altogether the importation of property containing such materials, and that other countries require a permit (e.g., a CITES permit) from the relevant regulatory agencies in the countries of exportation as well as importation. Accordingly, clients should familiarize themselves with the relevant customs laws and regulations prior to bidding on any property with wildlife material if they intend to import the property into another country. For example, the U.S. generally prohibits the importation of articles containing species that it has designated as endangered or threatened if those articles are less than 100 years old. Please note that it is the client's responsibility to determine and satisfy the requirements of any applicable laws or regulations applying to the export or import of property containing endangered and other protected wildlife material. The inability of a client to export or import property containing endangered and other protected wildlife material is not a basis for cancellation or rescission of the sale. Please note also that lots containing potentially regulated wildlife material are marked as a convenience to our clients, but Christie's does not accept liability for errors or for failing to mark lots containing protected or regulated species.
4. At the Sale
(a) Logistics: The application that enables online bidding is optimized for broadband connectivity (DSL or cable modem). Please note that broadband or other capacity constraints, corporate firewalls and other technical problems beyond our reasonable control may create difficulties for some users including, by way of example, in relation to accessing sales and in maintaining continuity of such access. Errors may occur in the quality of digital images. We do not accept liability for such difficulties or errors.
(b) Refusal of Bidding: Christie's reserves the right, in our absolute discretion, to reject, revoke or refuse to honour any bid (even those that have been previously accepted) or, whether during or after the sale, to restart or continue the bidding. Christie's also reserves the right to disable or deactivate your account at any time during the sale. Christie's will use its reasonable discretion when exercising this right.
(c) Bidding as Principal: When making a bid whether as an individual or on behalf of an entity, a bidder is accepting personal liability to pay the purchase price, which includes the hammer price for each lot (i.e. the amount of the highest bid for the sale of a lot), together with the buyer's premium, plus any applicable value added, sales or compensating use tax or equivalent tax, any and all shipping expenses, including costs, packing and handling, any loss damage liability fees, and all other applicable charges, unless it has been explicitly agreed in writing with Christie's before the commencement of the sale that the bidder is acting as agent on behalf of an identified third party acceptable to Christie's and Christie's and the seller will only look to the principal for payment.
(d) Online Bidding Process: An online-only auction is, by its nature, fast-moving. Competitive bidding can often progress very quickly. As soon as you place and confirm your bid amount, the bid is submitted (subject to the aggregate bidding limit set forth in paragraph 2(c)). You acknowledge that this is necessary in order to ensure that online bids are submitted and received as promptly as bids from other bidders. You accept and agree that bids submitted in this way are final and that you may not, under any circumstances, amend or retract your bid. Neither Christie's nor the seller is responsible for your errors in bidding. Due to the binding nature of the bidding process, Christie's would also discourage bidders from ‘sniping' lots (i.e. placing a high bid in the closing seconds of the auction), but instead to set realistic maximum bids on lots throughout the sale.
Once you have made a bid the next bidding increment is shown for your convenience on your "Next Bid" button.
Bidding opens at a specified bid amount and advances in increments of up to 10%, subject to Christie's discretion. Bidding increments:
£0 to £1,000 by £50s
£1,000 to £2,000 by £100s
£2,000 to £3,000 by £200s
£3,000 to £5,000 by £200, £500, £800 (i.e. £4,200, £4,500, £4,800)
£5,000 to £10,000 by £500s
£10,000 to £20,000 by £1,000s
£20,000 to £30,000 by £2,000s
£30,000 to £50,000 by £2,000, £5,000, £8,000 (i.e. £32,000, £35,000, £38,000)
£50,000 to £100,000 by £5,000s
£100,000 to £200,000 by £10,000s
above £200,000 to repeat in the same manner as set forth above.
Christie's may vary the increments during the course of the auction at Christie's discretion.
(e) Reserves: Unless otherwise indicated, all lots are offered subject to a reserve, which is the confidential minimum price the seller will accept and below which the lot will not be sold. The reserve will not exceed the low pre-sale estimate. If any lot is not subject to a reserve, it will be identified in the lot description. If you place a maximum bid that equals or exceeds the reserve on a lot for which the reserve has not been met, the system may automatically raise the current bid to meet the reserve price. Under no circumstances will the system place any bid on behalf of the seller at or above the reserve.
(f) The Record of Sale: The record of sale will be taken as absolute and final in all disputes. In the event of a discrepancy between Christie's and any online records or messages provided to you and the record of sale, the record of sale will govern.
(g) Withdrawal of a Lot: Christie's reserves the right, at our complete discretion, to withdraw any lot from the sale, prior to the lot's closing, and shall have no liability whatsoever with regard to such withdrawal.
(h) Employee Bidding: Please note that employees of Christie's may be bidding in this auction.
(i) Closing of Bidding: Bids may be submitted beginning on Tuesday, 15 October from 3:00 p.m. (GMT), and can be submitted at any time until bidding closes for each item on Tuesday, 29 October starting at 4:00 p.m with lots closing in lot order in 2 minute increments.
5. After the Sale
(a) Successful Bids: Unless Christie's decides to use its discretion as set out in paragraph 4(b) above, the highest bid when the lot closes will be the successful bidder. This means a contract for sale has been formed between the seller and the successful bidder. Winning bidders will receive an email notification of any successful bid. Bidders are also requested to log in as soon as possible after the sale to obtain details of the outcome of any successful bid by checking the "Your Bids" tab under "Your Account" of the online-only auction. Neither Christie's nor the seller accepts responsibility for notifying you of the result of your bids.
(b) Buyer’s Premium: In addition to the final bid price for each lot, you agree to pay Christie’s the buyer’s premium, plus any applicable value added, sales or compensating use tax or equivalent tax, any and all shipping expenses, including costs, packing and handling, any loss damage liability fees, and all other applicable charges. The buyer's premium is 25% of the first £50,000 of the hammer price on each lot plus 20% of the excess of the hammer price above £50,000 up to and including £1,000,000 plus 12% in excess of any amount above £1,000,000. VAT will be charged on the buyer’s premium at the applicable rate.
(c) VAT: All lots shall be sold as part of the Margin Scheme unless stated with the Dagger symbol (†) or the words “Dagger Lot”, or with the Star symbol (*) or the words “Starred Lot.” Margin Scheme lots have VAT applicable to the buyer’s premium at the VAT rate of 20%. For lots marked with the Dagger symbol (†) or with the words “Dagger Lot”, VAT is payable at 20% on the final bid price and 20% on the buyer’s premium. Lots marked with the Star symbol (*) or with the words “Starred Lot” are on Temporary Admission to the EU and VAT is payable at 5% on the final bid price and 20% on the buyer’s premium. You are responsible for any VAT (including any Import VAT) payable as a result of the sale of the lot. VAT charges and refunds depend on the particular circumstances of the buyer. In all circumstances EU and UK law takes precedence.
For the purposes of this online-only auction, the VAT amount in the buyer's premium for EU private buyers cannot be refunded. For buyers outside the EU, VAT may be refunded if certain conditions are met including showing proof of a ‘controlled' export outside the EU within 30 days of shipping (for lots marked with the Star symbol (*) or with the words “Starred Lot” on Temporary Admission). and for all other lots proof of export within 3 months of shipping. For buyers outside the EU where items are shipped outside the EU through Christie's Art Transport you will not be required to pay the VAT at settlement. Please contact Christie's Client Services on +44 (0) 207 839 9060 for further information.
(d) Artist Resale Royalty: In certain countries, local laws entitle the artist or the artist’s estate to a royalty known as ‘artist’s resale right’ when any lot created by the artist is sold. These lots are marked with the symbol λ in the lot description (or are identified in the lot description with language indicated as such. If these laws apply to a lot, you must pay us an extra amount equal to the royalty. We will pay the royalty to the appropriate authority on the seller’s behalf.
The artist’s royalty applies if the sale price of the lot is more than 1,000 euro and the total charge for any lot cannot be more than 12,500 euro. We work out the amount owed as follows:
Royalty as a % of the portion of the sale price:
4% up to 50,000
3% between 50,000.01 and 200,000
1% between 200,000.01 and 350,000
0.50% between 350,000.01 and 500,000
over 500,000, the lower of 0.25% and 12,500 euro.
We will work out the artist’s resale royalty using the euro to sterling rate of exchange of the European Central Bank on the day of the auction.
(e) Payment Deadline and Passing of Title: You must pay the full amount due, comprising the hammer price, buyer's premium, any applicable value added, sales or compensating use tax or equivalent tax, any applicable artist resale royalty, any and all shipping expenses, including costs, packing and handling, any loss damage liability fees, and all other applicable charges in full, cleared funds no later than 11:59 p.m. (GMT) on Thursday, 31 October 2013. This applies even if you wish to export the lot and an export license is, or may be, required. You will not acquire title and own the lot until all amounts due to Christie's have been received by Christie's in full and cleared funds even in circumstances where Christie's has released the lot to you.
(f) Payment Method: You must pay for any lot bought via the online-only auction by credit card. Christie's will only accept credit cards with a MasterCard, Visa, Discover (including Diners Club International and JCB), American Express or China Union Pay (if the China Union Pay credit card has a Visa or MasterCard logo) logo. Other methods of payment will not be accepted. Christie's will only accept payment from the registered bidder – individual or entity. If you registered and bid as an entity in accordance with paragraph 2(b), your entity will need to pay for any purchases via a credit card issued to the entity's account. Partial payment of a lot, or payment across multiple credit cards for a single lot, will not be allowed. If you purchase multiple lots, you may purchase one lot with one credit card and another lot with a different credit card but you will need to go through two separate check-outs. If you are the winning bidder of any lot, in order to pay for your lot, you will need to log onto your account and check out your basket on the "Your Account" tab. You will need to enter your credit card information on check-out. The credit card you provide will be charged in pounds sterling. For non-U.K. buyers, the actual amount to be paid in your home currency will be determined by the exchange rate used by your credit card company when you are actually charged. If you have any questions with regard to payment, please contact Christie's Client Services at firstname.lastname@example.org or on +44 (0) 207 839 9060.
(g) International Duties: For international buyers, the terms of sale are Delivered Duty Unpaid (DDU). It is your responsibility to ascertain and pay all international duties, customs charges, taxes and tariffs owed to the appropriate government entity or to be paid prior to shipment and/or delivery.
(h) Retention of Sold Property from the Buyer: Christie's shall be entitled to retain any items sold until all amounts due from the buyer to Christie's, or to Christie's International plc, or to any of its affiliates, subsidiaries or parent companies worldwide, have been received in full, cleared funds from the buyer or until the buyer has satisfied such other terms as Christie's, in our complete discretion, shall require, including, for the avoidance of doubt, completing any anti-money laundering or anti-terrorism financing checks we may require to our satisfaction. If such amounts are not paid or such checks are not satisfied by the buyer to our satisfaction, Christie's shall be entitled to cancel the sale and to take any other actions that are required or permitted under applicable law.
(i) Storage and Shipment of your Purchased Lots: Subject to 5(g) above, unless otherwise directed by you, and provided that your purchased lots are paid for in full, cleared funds by the payment deadline of no later than 11:59 p.m. (GMT) on Thursday, 31 October 2013, Christie's will store your lots free of charge until the relevant deadline for shipment, at which time purchases will be shipped to you at your expense and pursuant to the instructions you provided at time of payment. Payment for your purchase, including any applicable charges for shipping, and a provision of your final shipping destination, must be returned to Christie's by the payment deadline to qualify for this extended free-of-charge storage. If shipping arrangements have not been confirmed for any items sold or such items have not been paid for in full, cleared funds by 11:59 p.m. (GMT) on Thursday, 31 October 2013, administration and handling fees may be charged at Christie's full discretion.
Christie's will arrange for shipment of your purchased lots once the lots are paid for in full, cleared funds. If you wish to have your purchases shipped either domestically or internationally, you must indicate that at the time of check-out. If such shipments can be facilitated, purchases will be shipped to the address you provide at check-out. Please note that we will only ship to the address provided at check-out. Purchases cannot be delivered to P.O. boxes.
In addition to the hammer price, buyer's premium and any applicable valued added, sales or compensating use tax or equivalent tax, you will be responsible for any and all shipping expenses, including costs, packing and handling and any loss damage liability fees, as well as other applicable charges. Christie's will provide loss damage liability for purchased lots when arrangements are made for such lots to be shipped to you at a rate of 1% (one percent) of the total purchase price. This will be charged at check-out and will cover loss, theft, damage or breakage. Although Christie's shall use reasonable efforts to take care when handling, packing and facilitating any shipment of a purchased lot, neither Christie's nor the seller is responsible for any acts or omissions of any third party retained for these purposes, including, without limitation, any packing, shipping or delivery of purchased lots. Similarly, where Christie's may suggest other handlers, packers or carriers if so requested, neither Christie's nor the seller accepts responsibility or liability for their acts or omissions.
(j) Risk – Insurance: The risk in and responsibility for your purchased lot will transfer to you from whichever is the earlier of the following: (a) when you or your authorized agent collects or receives the lot; or (b) at the end of the 90th day following the end date of the auction unless we have agreed otherwise with you. In this case, risk in and responsibility for the lot will transfer to you at the end of the period we agree with you. You are responsible for insuring the purchased lot from this point.
(k) Import/Export Licenses or Other Permits: Unless otherwise agreed by Christie's in writing, the fact that the buyer wishes to apply for an import and/or export license or some other permit and/or license for shipment does not affect his or her obligation to make payment on the payment due date nor Christie's right to charge interest or storage charges on late payment. A delay in obtaining (or a failure to obtain) required permits or licenses shall not justify a rescission of any sale nor a delay in making payment in full, cleared funds for the lot, and Christie's shall not be obligated to refund any interest or other expenses incurred by the buyer. Local laws may prohibit the import of some property and/or may prohibit the resale of some property in the country of importation. No such restriction shall justify the rescission of any sale or delay in making payment in full, cleared funds for the lot.
(l) Remedies for Non-Payment: If the buyer fails to make payment in full, cleared funds by the payment due date required by paragraph 5(d), Christie's will be entitled in our absolute discretion to exercise one or more of the following rights or remedies (in addition to asserting any other rights or remedies available to us by law):
i. to charge interest at such rate as Christie's shall reasonably decide;
ii. to hold the defaulting buyer liable for the total amount due and to commence legal proceedings for its recovery together with interest, legal fees and costs to the fullest extent permitted under applicable law;
iii. to cancel the sale;
iv. to resell the property publicly or privately on such terms as Christie's and the seller shall think fit, and the buyer shall be liable for payment of any deficiency between the total amount originally due to us and the price obtained upon resale as well as for all costs, expenses, damages, legal fees and commissions and premiums of whatever kind associated with both sales or otherwise arising from the default;
v. to set off against any amounts which Christie's, or Christie's International plc, or any of its affiliates, subsidiaries or parent companies worldwide, may owe to the buyer in any other transactions, the outstanding amount remaining unpaid by the buyer; and/or
vi. to reject at any future auction any bids made by or on behalf of the buyer or to obtain a deposit from the buyer before accepting any bids.
vii. to exercise all the rights and remedies of a person holding security over any property in Christie's possession owned by the buyer, whether by way of pledge, security interest or in any other way, to the fullest extent permitted by the law of the place where such property is located. The buyer will be deemed to have granted such security to Christie's and Christie's may retain such property as collateral security for such buyer's obligations to Christie's; and/or
viii. to take such other action as Christie's deems necessary or appropriate.
(m) Failure to Provide Shipping Instructions for Your Purchases: Where shipping or delivery arrangements have not been provided within seven (7) days of the relevant deadline for arranging shipment, or delivery, whether or not payment has been made, Christie's shall be permitted to remove the property to a third party warehouse at the buyer's expense, and only release the items after payment in full has been made of removal, storage, handling, insurance and any other costs incurred, together with payment of all other amounts due to us.
6. Extent of Liability for Christie's
(a) Internet Services: Christie's offers internet services as a convenience to Christie's clients, but neither Christie's nor the seller will be responsible to you for errors or failures to execute bids placed on the internet or on your mobile device, including, without limitation, errors or failures caused by: i. any loss of connection to the online-only auction; ii. a breakdown or problems with the online bidding software; and/or iii. a breakdown or problems with any internet connection, computer, mobile device or system. Execution of on-line and mobile internet bids is a free service and neither Christie's nor the seller accepts liability for failing to access the bidding site or to execute an online or mobile internet bid or for errors or omissions in connection with this activity. In addition, condition reports and currency converter are free services and neither Christie's nor the seller is responsible to you for any error or breakdown in these services.
(b) Limited Warranty: Subject to the terms and conditions of this paragraph, Christie's warrants for a period of five years from the date of the auction that any property described in headings printed in UPPER CASE TYPE (i.e. headings having all capital-letter type) in the lot description (as such description may be amended by any saleroom notice or announcement) which is stated without qualification to be the work of a named author or authorship, is authentic and not a forgery. The term "author" or "authorship" refers to the creator of the property or to the period, culture, source or origin, as the case may be, with which the creation of such property is identified in the UPPER CASE description of the lot. Only UPPER CASE TYPE headings of lots in the lot description indicate what is being warranted by Christie's. Christie's warranty does not apply to supplemental material which appears below the UPPER CASE TYPE headings of each lot and Christie's is not responsible for any errors or omissions in such material. The warranty does not apply to any heading which is stated to represent a qualified opinion. The warranty is subject to the following:
i. It does not apply where: (a) the lot description or any online notice corresponded to the generally accepted opinion of scholars or experts at the date of the sale or fairly indicated that there was a conflict of opinions; or (b) correct identification of a lot can be demonstrated only by means of either a scientific process not generally accepted for use until after the auction or a process which at the date of the auction was unreasonably expensive or impractical or likely to have caused damage to the property;
ii. The benefits of the warranty are not assignable and shall apply only to the original buyer of the lot as shown on the invoice originally issued by Christie's when the lot was sold;
iii. The original buyer must have remained the owner of the lot without disposing of any interest in it to any third party;
iv. Your sole and exclusive remedy against Christie's and the seller, in place of any other remedy which might be available, is the cancellation of the sale and the refund of the original purchase price paid for the lot. Neither Christie's nor the seller will be liable for any (a) loss of profits, loss of revenue, loss of business opportunity or goodwill, or interest; or (b) any special, incidental or consequential damages;
v. You must give written notice of claim to us within five years from the date of the auction. It is Christie's general policy, and Christie's shall have the right, to require the buyer to obtain the written opinions of two recognized experts in the field, mutually acceptable to Christie's and the buyer, before Christie's decides whether or not to cancel the sale under the warranty; and
vi. You must return the lot to the Christie's saleroom from which it was collected or shipped in the same condition as at the time of the auction.
vii. Your only right against Christie's under the Limited Warranty set out in paragraph 6(b), is to cancel the sale and receive a refund of the purchase price plus buyer's premium. We will not, in any circumstances, pay you more than this total sum.
viii. Christie's gives no warranty in relation to any lot other than as set out in paragraph 6(b) above and, as far as Christie's is allowed by law all warranties and other terms which may be added to this agreement by law are excluded. Christie's is not responsible to you for any reason (whether for breaking this agreement or any other matter relating to your purchase of, or bid for, any lot) other than in the event of fraud or fraudulent misrepresentation by us. In particular, please be aware that our online auction service, condition reports and currency converter are free services and Christie's is not responsible to you for any error or breakdown in these services. Christie's has no responsibility to any person other than a buyer in connection with the purchase of any lot. If, in spite of the terms in this paragraph, Christie's is found to be liable to you for any reason, we shall not have to pay more than the purchase price plus buyer's premium paid by you to Christie's. Christie's will not be responsible to you for any reason for loss of profits or business, expected savings or interest, costs, damages, or expenses.
(c) Extent of Liability:
i. Neither the seller nor Christie's, nor any of their officers, employees or agents, are responsible for the correctness of any statement of whatever kind concerning any lot, whether written or oral, nor for any other errors or omissions in description or for any faults or defects in any lot. Neither the seller, nor Christie's, nor any of their officers, employees or agents, give any representation, warranty or guarantee or assume any liability of any kind in respect of any lot with regard to merchantability, fitness for a particular purpose, description, size, quality, value, condition, attribution, authenticity, rarity, importance, medium, provenance, exhibition, history, literature or historical relevance. Except as required by local law any warranty of any kind whatsoever is excluded by this paragraph;
ii. Neither the seller nor Christie's, nor any of their officers, employees or agents, is responsible for any loss caused by or resulting from confiscation of a shipment of purchased property to any state or foreign country or risks of restricted transportation by government or public authority;
iii. In addition to the other rights of cancellation contained in this agreement, Christie's can cancel a sale of a lot if we reasonably believe that completing the transaction is or may be unlawful or that the sale places us or the seller under any liability to anyone else or may damage our reputation.
(a) The copyright in all images, illustrations and written material produced by or for Christie's or the seller relating to a lot, including but not limited to the lot description, is and shall remain at all times the property of Christie's and shall not be used by the buyer, nor by anyone else, without the prior written consent of Christie's. Christie's and the seller make no representation or warranty that the buyer of a property will acquire any copyright or other reproduction rights in it.
(b) The contents of the online-only auction as displayed within LotFinder® and http://www.christies.com/onlineonly, including but not limited to text, graphics, and images (hereinafter the "Material") are protected by copyright, trademark and other laws and are owned or controlled by Christie's Inc., Christie's Images Inc., Christie's Images Ltd., and/or other affiliated entities (together, "Christie's") and/or by third parties. Christie's and the seller authorize you to view and download a single copy of the Material solely for your personal, non-commercial use provided that the aforementioned single copy shall be deleted and destroyed in whatever form rendered and upon whatever media stored no later than 30 days following the conclusion of the auction. All rights in and to the Material not expressly granted to you are reserved. You may not sell, prepare derivative works based on, modify, reproduce, publicly display, publicly perform, distribute, or otherwise use the Material in any way for any public or commercial purpose without the express prior written permission of Christie's, the seller or any applicable third party, as applicable. For information on obtaining licenses to use the photographs that appear on LotFinder® and/or http://www.christies.com/onlineonly, please inquire with Christie's Client Services at email@example.com.
If any part of these Conditions of Sale is found by any court to be invalid, illegal or unenforceable, that part shall be discounted and the rest of the conditions shall continue to be valid to the fullest extent permitted by law.
9. Personal Information
- Name and contact details including shipping and billing addresses
- Credit Card information
- Total transaction value
- The IP Address from which you are checking out
Christie's do not have access to or retain any Credit Card information details.
10. Law and Jurisdiction
IMPORTANT NOTICES AND EXPLANATION OF CATALOGUING PRACTICE
CHRISTIE'S INTEREST IN PROPERTY CONSIGNED FOR AUCTION
From time to time, Christie's may offer a lot which it owns in whole or in part. Such property is identified in the lot description with language indicating such ownership.
On occasion, Christie's has a direct financial interest in lots consigned for sale, which may include guaranteeing a minimum price or making an advance to the consignor that is secured solely by consigned property. Such property is identified in the lot description with language indicating such ownership. This language will appear both in cases where Christie's holds the financial interest on its own and in cases where Christie's has financed all or part of such interest through third parties. When a third party agrees to finance all or part of Christie's interest in a lot, it takes on all or part of the risk of the lot not being sold, and will be remunerated in exchange for accepting this risk. The third party may also bid for the lot. Where it does so, and is the successful bidder, the remuneration may be netted against the final purchase price. If the lot is not sold, the third party may incur a loss.
For this auction, if property has language indicating as much in the lot description and/or lot notes, Christie's guarantee of a minimum price has been fully financed by third parties.