CONDITIONS OF SALE
These Conditions of Sale set out the terms on which Christie Manson and Woods Limited (“Christie’s” also referred to as "we", "us", "our" and "ourselves" in these Conditions of Sale) and the seller offer the lots listed in the Sale Particulars.
Words and expressions which are in bold in these Conditions of Sale have the meaning set out in the glossary which is set out in section J of these Conditions of Sale.
you should read these Conditions of Sale and the Sale Particulars carefully before PLACING ANY BID. these conditions of sale and the sale particulars set out terms and conditions which may become contractually binding on you. they also describe certain limitations and exclusions of liability for Christie’s and (where applicable) the third party seller of an item.
By bidding in an auction, you (also referred to as the "buyer” and “your” in these Conditions of Sale) agree to these Conditions of Sale and the Sale Particulars shall be contractually binding on you.
If you make a successful bid for a lot in an auction, these Conditions of Sale and the provisions of the Sale Particulars will form a contract for sale of that lot between you and the seller.
The Sale Particulars will clearly identify who will be the owner of a lot immediately before the sale is completed: this may either be Christie’s or a third party.
The party who is the seller for the purposes of an auction will depend on who owns the lot at the time the sale is completed. If the lot is owned by Christie’s, we will be the seller. If the item is owned by a third party, the third party owner of the lot will be the seller. Where the third party is the seller, Christie’s will be selling that lot as the agent of the seller. This means that Christie’s is providing services to the third party seller to help them sell their lot and that Christie’s is concluding the contract for the sale of the lot on behalf of that third party seller.
When Christie’s is the agent of the third party seller, the contract of sale which is created by any successful bid for a lot will be directly between you and the third party seller, and not between you and Christie’s.
A. BEFORE THE SALE
1. DESCRIPTION OF LOTS
(a) Certain words used in the Sale Particulars to describe a lot have special meanings. You can find details of these in the Explanation of Cataloguing practice which forms part of these Conditions of Sale at paragraph K. You can find a key to Symbols used in the Sale Particulars under the heading “symbols used in this sale”.
(b) Our description of any lot and any condition report and any other statement made by us (whether orally or in writing) about any lot, including about its nature or condition, artist, period, materials, approximate dimensions or provenance are our honest opinion. In reaching our opinion we use the standard of care a buyer would reasonably expect from an auction house of Christie’s standing taking into account the estimate of the lot. We do not carry out in-depth research of the sort carried out by professional historians and scholars. All dimensions and weights are approximate only.
2. CONDITION
(a) The condition of lots sold can vary widely due to factors such as age, previous damage, restoration, repair and wear and tear. The nature of the lots sold means that they will rarely be in perfect condition. Lots are sold in the condition they are in at the time of the sale.
(b) Any reference to condition in Sale Particulars will not amount to a full description of condition, and images may not show the condition of a lot clearly. Condition reports may be available to help you evaluate the condition of a lot. Condition reports are provided free of charge as a convenience to our buyers and are for guidance only. They offer our honest opinion but they may not refer to all faults, restoration, alteration or adaptation because our staff are not professional restorers or conservators. For that reason they are not an alternative to taking your own professional advice.
3. OUR RESPONSIBILITY FOR OUR DESCRIPTION OF LOTS
Information about our responsibility for our description of, and statements about, lots in the Sale Particulars and any condition report can be found in paragraphs E and H.
4. ESTIMATES
Estimates are based on the condition, rarity, quality and provenance of the lot and on prices recently paid at auction for similar property. Estimates can change. Neither you, nor anyone else, may rely on any estimate as a prediction or guarantee of the actual selling price of a lot.
B. REGISTERING TO BID
1. 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 following the instructions provided at http://www.christies.com/onlineonly and providing any required information and/or completing any necessary forms. Registration must be completed within the times specified in the Sale Particulars. For certain online-only sales you may be required to confirm a minimum age.
2. REGISTERING AS PRINCIPAL/ON BEHALF OF A COMPANY
When registering to bid whether as an individual or on behalf of an entity, you accept that in making a bid, you are accepting personal liability to pay the purchase price, including the buyer's premium and all applicable taxes, plus 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 will only look to the principal for payment.
If you are bidding on behalf of an entity as a Super Authorized User against an entity’s transactional account with Christie’s, you must select the appropriate account at time of sale registration. If you do not already have a MyChristie’s you will first need to create one; similarly if the entity does not have a Christie’s transactional account it will to create one. In either situation, Christie’s may require your entity to provide certain documents or meet certain qualifications as set forth below. Please contact Christie’s Client Service to set up your MyChristie’s account or entity transactional account.
As a successful bidder, if you registered as a company bidder, your company will need to pay for any purchases via a credit card issued to the company account and not a personal account. Christie’s is not able to honour any reseller's certificates through the online-only auction process and cannot grant any exemption upon check-out for applicable VAT or other sales tax to any bidder. As a successful bidder, you will be charged VAT or any other applicable sales tax as part of the check-out process. Buyers claiming exemption and a refund must provide Christie’s with the appropriate valid and up-to-date documentation and Christie’s will facilitate the process of a refund. It is your responsibility to obtain any relevant documentation and provide it to Christie’s and any delay in obtaining a refund shall not justify the rescission of any sale.
3. REQUIREMENTS AND CREDIT LIMITS
(a) In order to register to bid, you are required to supply the information requested, including valid credit card or other accepted payment information. Each bidder is subject to an aggregate bidding limit based on the currency of the sale. For sales in GBP each bidder will be subject to a bidding limit of GBP 300,000. This bidding limit applies to all items for sale within each particular online auction. This aggregate limit shall apply to all items bid upon in 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 Service at +44 (0)207 839 9060 or via email at ftappeal@christies.com.
(b) Christie’s may also 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.
(c) If you are bidding on behalf of an entity, please contact Christie’s Client Service at +44 (0)207 839 9060 or via email at ftappeal@christies.com to set up your MyChristie's account. Christie’s may require you, or, if you are registering to bid on behalf of a company in accordance with paragraph 2(b), your company, to provide the following types of information and/or documentation: 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 company documents); and Valid, government-issued photo ID for account owner (driver's license, passport or national identity card). Christie’s Client Services will contact you.
(d) Christie’s is committed to the detection and deterrence of money laundering and operates checks and controls for this purpose. In connection with these objectives and in the interests of the reputation and integrity of its business generally, Christie’s reserves the right, at our complete discretion, to: refuse your registration or participation in the auction or Buy-Now sale; 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; and require the production of documents relating to your identity and/or creditworthiness at any point, including in connection with any other transactions, whether online or otherwise.
4. OUR RESPONSIBILITY FOR BIDDING SERVICES
Information about our responsibility for bidding services can be found in paragraph G.
C. DURING THE SALE
1. CONNECTIVITY AND TECHNICAL ISSUES
The application that enables online bidding is optimized for broadband connectivity (DSL or cable modem). Please note that broadband or other internet 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.
2. REFUSAL OF BIDDING
Christie’s reserves the right, in our absolute discretion, to reject your registration to bid; to reject, revoke or refuse to accept any bid (even those that have been previously accepted); to withdraw or divide any lot; combine any two or more lots; or, whether during or after the sale, to restart or continue the bidding or to re-offer the lot. Christie’s also reserves the right to disable or deactivate your account at any time during the sale. Christie’s may exercise such rights in cases where a manifest error becomes apparent but this does not limit the circumstances in which Christie’s may exercise such rights.
3. ONLINE BIDDING PROCESS/ BIDDING INCREMENTS
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 credit limit referred to in paragraph B3(a). 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, be permitted to amend, retract or revoke your bid. We are not responsible for any errors you make in bidding. Christie’s reserves the right to restart an auction or to restart bidding on any particular lot if it considers it is appropriate and reasonable to do so.
Once you have made a bid the next bidding increment is shown for your convenience on your “Next Bid” button.
Bidding generally opens at or below the low estimate. Bidding opens at a specified bid amount and advances in increments of up to 10%, subject to Christie’s discretion. Bidding increments are as follows:
For Sales in GBP:
£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.
Bids may only be submitted between the dates and times specified in the Sale Particulars.
Christie’s may show bids in some other major currencies as well as the currency of the auction, as specified in the Sale Particulars. Any conversion is for guidance only and we cannot be bound by any rate of exchange shown by the currency calculator.
4. RESERVES
Unless otherwise indicated, all lots are offered subject to a reserve, which is the minimum opening bid as set out in the Sale Particulars and below which the lot will not be sold.
5. THE RECORD OF SALE
The record of sale (which are Christie’s own records which relate to the 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.
6. WITHDRAWAL OF LOTS
Christie’s reserves the right, at our complete discretion, to withdraw any lot from the sale, whether prior to or during the auction, and shall have no liability whatsoever with regard to such withdrawal.
7. EMPLOYEE BIDDING
Please note that employees of Christie’s may be bidding in any Online Only auction.
8. SUCCESSFUL BIDS
Unless Christie’s decides to use its discretion as set out in paragraph C(2) and C(6) 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 at the end of the auction. 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 “My Purchases” tab of the online-only auction. We do not accept responsibility for notifying you of the result of your bids unless you are successful.
D. THE BUYER’S PREMIUM, TAXES AND ARTIST’S RESALE ROYALTY
1. THE BUYER’S PREMIUM
Due to the charitable element of this sale, Christie’s will not charge a buyer’s premium to the buyer on the hammer price of any sold lots.
2. VAT AND SIMILAR TAXES
All lots in this sale will be taxed at a ‘zero rate’ for VAT purposes, meaning that there will be no VAT payable on the final bid amount. Please contact Christie’s Client Services on +44 (0) 207 839 9060 or via email at ftappeal@christies.com for further information.
Tax charges and refunds depend on the particular circumstances of the buyer so the information in the Sale Particulars, which is not exhaustive, should be used only as a general guide. In all circumstances the applicable law of the relevant jurisdiction takes precedence.
E. WARRANTIES
1. SELLER’S WARRANTIES
For each lot, the seller gives a warranty that the seller:
(a) is the owner of the lot or a joint owner of the lot acting with the permission of the other co-owners or, if the seller is not the owner of the lot, has the permission of the owner to sell the lot, or the right to do so in law; and
(b) has the right to transfer ownership of the lot to the buyer without any restrictions or claims by anyone else.
2. DISCLAIMER OF ADDITIONAL WARRANTIES
To the fullest extent permissible under applicable law, Christie’s and the seller disclaim and exclude any and all other warranties of any kind relating to the lots and the online-only service, whether express or implied by statute or common law or otherwise.
This disclaimer and exclusion does not affect your statutory rights as a consumer, nor your rights under the warranties in paragraphs E1.
F. PAYMENT
1. HOW TO PAY
(a) You must pay the total amount due by no later than 23:59 GMT on Thursday, 23 January 2014, as specified in the Sale Particulars. The total amount due is the total of the following amounts:
(i) the hammer price (in the case of a sale by auction)
(ii) any duties, goods, sales or service tax or VAT.
(b) We will only accept payment from the registered bidder. We cannot change the buyer’s name on an invoice or re-issue the invoice in a different name. You must pay immediately even if you want to export the lot and you need an export license.
(c) You must pay for any lot bought at Christie’s via the online-only auction by a permitted credit or debit card unless an alternative method is specified in the Sale Particulars. We will only accept credit cards with a MasterCard, Visa, 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 unless specified. Christie’s will only accept payment from the registered bidder. If you registered and bid as a company, your company will need to pay for any purchases via a credit card issued to the company 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. Please contact Christie’s on +44 (0) 207 839 9060 or via email at ftappeal@christies.com with any questions relating to payments.
2. PAYMENT METHOD
Please note that if you pay for your purchase using a credit card issued outside the region of the sale, depending on the type of card and account you hold, the payment may incur a cross-border transaction fee. If you think this may apply to, you, please check with your credit card issuer before proceeding to check-out.
3. TRANSFERRING OWNERSHIP TO YOU
You will not own the lot until we have received full and clear payment of all amounts due.
4. TRANSFERRING RISK TO YOU
The risk in and responsibility for the lot will transfer to you from whichever is the earlier of the following:
(a) when we dispatch the lot to you using the method of shipping which we have specified for the sale in the Sale Particulars or which we have otherwise agreed with you; or
(b) if collection is permitted (the Sale Particulars will state if collection is allowed), when you collect the lot.
5. WHAT HAPPENS IF YOU DO NOT PAY
(a) If you fail to pay us the total amount due in full by the due date, we will be entitled to do one or more of the following (as well as enforcing any other rights we have by law):
(i) We can charge you a late-payment fee worked out at a rate of 5% a year above the UK Lloyds TSB base rate from time to time on the unpaid amount due;
(ii) We can cancel the sale of the lot. If we do this, we may sell the lot again, in which case you must pay us any shortfall between the total amount due to us and the proceeds from the resale.
(iii) We can hold you legally responsible for the total amount due and may begin legal proceedings to recover it together with our late-payment fee, legal fees and costs as far as we are allowed by law;
(iv) We can take what you owe us from any amounts which we or any company in the Christie’s Group may owe you (including any deposit or other part-payment which you have paid to us);
(v) We can at our sole option reveal your identity and contact details to the seller; and/or
(vi) We can take any other action we see necessary or appropriate.
(b) If you owe money to us or to another Christie’s Group company, we can use any amount you do pay, including any deposit or other part-payment you have made to us, or which we owe you, to pay off any amount you owe to us or another Christie’s Group company for any transaction.
6. KEEPING YOUR PROPERTY
If you owe money to us or to another Christie’s Group company, as well as the rights set out in paragraph F4 above, we can use or deal with any of your property we hold or which is held by another Christie’s Group company in any way we are allowed to by law. We will only release this property to you after you pay us or the relevant Christie’s Group company in full for what you owe. However, if we choose, we can also sell your property in any way we think appropriate. We will use the proceeds of the sale against any amounts you owe us and we will pay any amount left from that sale to you. If there is a shortfall, you must pay us any difference between the amount we have received from the sale and the amount you owe us.
G. OTHER IMPORTANT TERMS
1. YOUR LEGAL RIGHTS
(a) Christie’s offers internet services as a convenience to our clients, but Christie’s will not 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 sale; (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 Christie’s does not accept 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.
2. OUR LIABILITY TO YOU WHEN WE SELL A LOT WHICH IS NOT OWNED BY CHRISTIE’S
(a) We have no liability to you in relation to the seller’s warranties in paragraph E1 or in relation to any terms which are implied into contracts by law and which are the responsibility of the seller of an item.
(b) In any event, subject to paragraph G2(f), we shall have no liability to you for (i) any loss of profit, loss of business, business interruption, loss of business opportunity, loss of anticipated savings, loss of goodwill, loss of revenue or any wasted expenditure; or (ii) any indirect or consequential loss or damage whatsoever.
(c) Please be aware that condition reports, and currency converter are free services and we are not responsible to you for any error (human or otherwise), omission or breakdown in these services.
(d) Subject to paragraph G2(f), we have no responsibility to any person other than a buyer in connection with the purchase of any lot.
(e) If, in spite of the terms in paragraphs (a) to (d) above, we are found to be liable to you for any reason, subject to paragraph G2(f), our maximum aggregate liability to you pursuant to these conditions of sale and any related Sale Particulars shall be limited to the purchase price plus buyer’s premium paid by you to us.
(f) Nothing in these conditions of sale shall limit or exclude the liability of Christie’s for death or personal injury caused by its negligence, fraudulent misrepresentation or fraudulent concealment or for any other liability which cannot be limited or excluded by applicable law.
(a) Please note that Christie’s will be the seller if it owns a lot; if it does not own a lot, it acts as agent for the seller and this paragraph G3 shall only relate to the liability of the third party seller of the lot. If Christie’s is the owner of a lot, this paragraph G3 shall be applicable to Christie’s liability to you. If Christie’s is the owner of a lot, this will be indicated in the Sale Particulars.
(b) Please note the exclusions of warranties set out in paragraph E3. Paragraph E3 limits the seller's liability to you.
(c) subject to paragraph G3(e), the seller’s maximum aggregate liability to you pursuant to these conditions of sale and any related Sale Particulars shall be limited to the purchase price paid by you to us.
(d) Subject to paragraph G3(e), the seller shall have no liability to you for any loss of profit, loss of business, business interruption, loss of business opportunity, loss of anticipated savings, loss of goodwill, loss of revenue or any wasted expenditure; or (ii) any indirect or consequential loss or damage whatsoever.
(e) Nothing in these conditions of sale shall limit or exclude the liability of the seller for death or personal injury caused by its negligence, fraudulent misrepresentation or fraudulent concealment or for any other liability which cannot be limited or excluded by applicable law.
4. EVENTS OUTSIDE THE CONTROL OF CHRISTIE’S OR THE SELLER
(a) Neither we, you, nor the seller will be responsible for any failure to meet any obligation which we you or the seller has under these Conditions of Sale or under the Sale Particulars which is caused by circumstances beyond our, your or the seller’s reasonable control. This includes, but is not limited to strikes, lock-outs fire, flood, natural disasters, war, armed conflict, terrorist attack and nuclear and chemical contamination.
5. OUR ABILITY TO CANCEL
In addition to the other rights of cancellation contained in this agreement, we 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.
6. COPYRIGHT
We own the copyright in all images, illustrations and written material produced by or for us relating to a lot (including the contents of our Sale Particulars). You cannot use them without our written permission. We do not offer any guarantee that you will gain any copyright or other reproduction rights to the lot.
7. ENFORCING THIS AGREEMENT
If a court finds that any part of this agreement is not valid, or is illegal or impossible to enforce, that part of the agreement will be treated as being deleted, and the rest of this agreement will not be affected.
8. TRANSFERRING YOUR RIGHTS AND RESPONSIBILITIES
You may not grant a security over or transfer your rights or responsibilities under these terms on the contract of sale with the buyer unless we have given our written permission. This agreement will be binding on your estate and anyone who takes over your rights and responsibilities.
9. TRANSLATIONS
If we have provided a translation of these conditions of sale, we will use the English language version in deciding any issues or disputes which arise under this agreement.
10. PERSONAL INFORMATION
We will hold and process your personal information and may pass it to another Christie’s Group company for use as described in, and in line with our privacy policy at www.christies.com/about/help/privacy.
All payments information relating to the sale is collected and processed directly by Global Collect Services B.V. ("Global Collect"), a third party Netherlands corporation, and not by Christies.
Global Collect may undertake fraud prevention reviews prior to processing any payment or as part of the payment process. Payment specific information which is submitted to Global Collect is processed on PCI compliant secure servers and in accordance to Global Collect’s PCI Compliance certification as found here: http://www.globalcollect.com/online-payments/certifications/ and privacy policy as found here: http://www.globalcollect.com/Privacy-statement/. The information submitted and used for processing payments is as below:
- Name and contact details including shipping and billing addresses
- Credit Card information
- Total transaction value
- Your IP Address where you are checking out from
Christie’s does not have access to, or retain any credit card or other payment information details.
11. WAIVER
No failure or delay to exercise any right or remedy provided under these conditions of sale shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
12. LAW AND DISPUTES
This agreement and any other rights you may have relating to the purchase of a lot will be governed by the law of England and Wales. Before we or you start any court proceedings (except in the limited circumstances where the dispute, controversy or claim is related to proceedings brought by someone else and this dispute could be joined to those proceedings), and if we both agree, we will each try to settle the dispute by mediation following the Centre for Effective Dispute Resolution (CEDR) Model Mediation Procedure. Where we agree to use mediation, we will use a mediator affiliated with CEDR who we and you agree to. If we cannot agree to mediation within 30 days of notification by one party to another of the dispute, or if the dispute is not settled by the conduct of any agreed mediation, you agree that, subject to the following, the dispute will be referred to and dealt with exclusively in the courts of England and Wales. Notwithstanding the foregoing, we will have the right to bring proceedings against you in any other court.
H. CONDITIONS OF SALE
1. REPORTING ON CHRISTIES.COM
Details of all lots sold by us, including Sale Particulars descriptions and prices, may be reported on christies.com. Auction sales totals are hammer price plus buyer’s premium and do not reflect costs, financing fees, or application of buyer’s or seller’s credits. We regret that we cannot agree to requests to remove these details from christies.com.
I. GLOSSARY
authentic: a genuine example, rather than a copy or forgery of:
(i) The work of a particular artist, author or manufacturer, if the lot is described in the title description (and not qualified) as the work of that artist, author or manufacturer;
(ii) A work created within a particular period or culture, if the lot is described in the title description (and not qualified) as a work created during that period or culture;
(iii) A work for a particular origin source if the lot is described in the title description (and not qualified) as being of that origin or source; or
(iv) In the case of gems, a work which is made of a particular material, if the lot is described in UPPERCASE as being made of that material.
authenticity warranty: the guarantee we give in this agreement that a lot is authentic as set out in section E2 of this agreement.
Buy-Now: a facility which we may provide either for you to buy a lot during the course of an auction or until a fixed time, or for you to buy a lot which is not offered for sale as part of an auction, in either case at a fixed price.
Buy-Now price: the fixed price at which property may be offered for sale using the Buy-Now facility.
Christie’s Group: Christie’s International Plc, its subsidiaries and other companies within its corporate group.
condition: the physical condition of a lot.
Conditions of Sale: the Conditions of Sale set out above; our Explanations of Cataloguing Practice; the explanation of symbols used in the Sale Particulars; and the explanation of the application of VAT or other similar applicable sales taxes.
estimate: the price range included in the particulars of Sale within which we believe a lot may sell. low estimate means the lower figure in the range and high estimate means the higher figure. The mid estimate is the midpoint between the two.
hammer price: the amount of the highest bid for the sale of a lot via auction.
Heading: has the meaning given to it in paragraph E2.
lot: an item to be offered for sale at an online auction or Buy-Now sale (or two or more items to be offered at auction or Buy-Now sale as a group).
lot description: the description of a lot in the Sale Particulars for the sale, as amended by any notice given to you during the auction or Buy-Now sale.
online-only sale: a sale of a lot which is conducted solely by means of Christie’s online-only service sale platform.
online-only service: a platform and associated technical services accessible solely by online means which enables a buyer to bid for and buy lots through an auction or by using Buy-Now.
provenance: the ownership history of a lot.
Qualified has the meaning given to it in paragraph E2 and Qualified title descriptions means the section headed Qualified title descriptions on the page of the Sale Particulars headed “Important Notices and Explanation of Cataloguing Practice”.
reserve: the confidential amount below which we will not sell a lot.
Sale Particulars: the Lot information (the online description of the lot or lots offered forsale together with other information on the sale website relating to a lot and the conduct of the sale); and any Special Conditions of Sale which apply to any lot or group of lots offered for sale at the same time;
seller: the owner of a lot; this may be either Christie’s or another owner for whom Christie’s acts as agent, as indicated in the Sale Particulars
Special Conditions of Sale: anyadditional conditions which apply to a sale and which are set out in the Sale Particulars
Super Authorised User: an individualauthorized toexecute transactions on behalf of an entity which has a registered transactional account
total amount due: has the meaning given to it in paragraph F 1 (a).
UPPER CASE type means having all capital letters.
warranty: a statement or representation in which the person making it guarantees that the facts set out in it are correct.