Online: Post-War & Contemporary Art
May 8- May 20
CONDITIONS OF SALE AND TERMS OF USE
These Conditions of Sale and Terms of Use and the Important Notices and Explanation of Cataloguing Practice contain all the terms on which Christie's Inc. (20 Rockefeller Plaza, New York, NY 10020) and the seller (together “Christie’s,” “we,” “us,” “our,” and “ourselves”) contract with you (also referred to as the “buyer”). If there are any amendments to these Conditions of Sale and Terms of Use and the Important Notices and Explanation of Cataloguing Practice, you will find such amendments at http://onlineonly.christies.com during the sale and such amendments will supersede terms and conditions provided herein. By registering to bid at auction you agree to be bound by and accept these Conditions of Sale and Terms of Use and the Important Notices and Explanation of Cataloguing Practice.
Please read the Conditions of Sale and Terms of Use and Important Notices and Explanation of Cataloguing Practice carefully prior to registering. If you have any questions, please email pwconline@christies.com or call (212) 636-2002.
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 following the instructions provided at http://onlineonly.christies.com and providing any required information and/or completing any necessary forms. Registration for the sale can be completed at any time beginning on Thursday, May 8, 2014 at 12:00 p.m. (EST) when the sale starts and ending on Tuesday, May 20, 2014 with the first lot closing at approximately 12:00 p.m. (EST) until closing of the last lot of the sale at a time to be determined.
(b) Registering as principal / on behalf of an entity: 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 and the entity already has a MyChristie’s account, the entity’s name will need to be entered as part of the registration process. If your entity does not already have a MyChristie’s account, you cannot register online at http://onlineonly.christies.com. You will first need to create a MyChristie’s account. 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.
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 account and not a personal account. Company bidders claiming exemption from sales tax must indicate this by ticking the Sales Tax Exemption box at the time of registration and have the appropriate documentation on file with Christie's prior to check-out to avoid being charged. Please contact Client Services at 212-636-2002 or pwconline@christies.com to confirm valid documentation.
(c) Requirements and Bidding Limits: In order to register to bid, you are required to supply the information requested, including valid credit card information. Each bidder is subject to an aggregate bidding limit in the amount of USD 300,000 for this particular online sale only. 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 eCommerce Credit department at 212-636-2002.
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.
If you are bidding on behalf of an entity, please contact Christie’s Client Service at 212-636-2002 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 3(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) Refusal of Registration: Christie’s reserves the right, in our absolute discretion, to refuse your registration in the auction, revoke your permission to participate, reject, revoke or refuse to honor any bid (even those that have been previously accepted), refuse to award you lots at any time prior to, during or even after the close of the sale and, at any time whether during or after the sale has closed, to restart or to continue the bidding. Christie’s also reserves the right to disable or deactivate your account at any time during the sale.
3. BEFORE THE SALE
(a) Examination of property: You are strongly advised to examine personally any lot in which you are interested, before the auction takes place.
Works in Online: Post-War & Contemporary Art Online will be on view at 20 Rockefeller Plaza at the following times
May 9 10am - 5pm
May 10 10am - 5pm
May 11 1pm - 5pm
May 12 9am - 5pm
May 13 10am - 12pm
To arrange a viewing outside of these times, please contact Colleen Milewski at +1 212-636-2002.
Condition reports are usually available online. Neither Christie’s nor the seller provides any guarantee in relation to the nature of the property apart from the Limited Warranty in paragraph 8 below. The property is sold “as is.”
(b) Lot descriptions: Our cataloguing practice for lots is explained in the Important Notices and Explanation of Cataloguing Practice located below. All statements by us in the online description of any property (the “lot description”) or in the condition report, or made orally or in writing elsewhere, are statements of opinion 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 supplementary material to damage or restoration 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 or restoration, nor does a reference to particular defects imply the absence of any others. Except as set forth in paragraph 8 below, Christie’s is not responsible for errors or omissions in the lot description or any supplemental material, including but not limited to photographs.
(c) 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 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.
(d) Buyer's responsibility: All property is sold “as is” without any representation or warranty of any kind by Christie’s or the seller. 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://onlineonly.christies.com
4. AT THE SALE
(a) Logistics: The application that enables online bidding is optimized for broadband connectivity (DSL or cable modem). Please note that corporate firewalls may create difficulties for some users. Errors may occur in the operation and 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, to revoke or to refuse to honor any bid (even those that have been previously accepted) and, at any time whether during or after the sale has closed, to restart or to continue the bidding. Christie’s also reserves the right to disable or deactivate your account at any time during the sale.
(c) Bidding as Principal: When making a bid, a bidder is 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.
(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 3(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. We are not responsible for your errors in bidding.
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:
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$50 to $1,000 |
by $50s |
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$1,000 to $2,000 |
by $100s |
|
$2,000 to $3,000 |
by $200s |
|
$3,000 to $5,000 (ie: $4,200,4,500,4,800) |
by $200, 500, 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 (ie: $32,000, 35,000, 38,000) |
by $2,000, 5,000, 8,000 |
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$50,000 to $100,000 |
by $5,000s |
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$100,000to $200,000 |
by $10,000s |
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above $200,000 |
To repeat in the same manner as set forth above |
We may vary the increments during the course of the auction at our discretion.
(e) Reserves: Unless otherwise indicated, all lots are offered subject to a reserve, which is the confidential minimum price the seller will accept below which the lot will not be sold. The reserve will not exceed the low pre-sale estimate printed in the lot description. If any lot is not subject to a reserve, it will be identified in the lot description. The online-only auction may execute bids on behalf of the seller up to the amount of the reserve. Under no circumstances will we place any bid on behalf of the seller at or above the reserve. 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.
(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 Thursday, May 8, 2014, from 12:00 p.m. (EST) and thereafter at any time until the sale closes on Tuesday, May 20, 2014 with the first lot closing at approximately 12:00 p.m. (EST) until the closing of the last lot. Lots will close in three minute increments unless a bid is placed within the final three minutes of the designated closing time of a lot. If a bid is placed within the last three minutes, three additional minutes will be added from the time the bid was placed. The extension of any one lot’s closing time does not affect any other lot’s closing time; therefore, it is possible that lots will close out of numerical lot order.
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 "Your Account" and then “Your Bids” of the online-only auction. We do not accept responsibility for notifying you of the result of your bids.
(b) Buyer’s premium: In addition to the final bid price (the “hammer price”), the buyer agrees to pay to us the buyer’s premium together with any applicable value added tax, sales, or compensating use tax or equivalent tax in the place of sale. The buyer’s premium is 25% of the hammer price of each lot up to and including $100,000, 20% of the excess of the hammer price above $100,000 and up to and including $2,000,000, and 12% of the excess of the hammer price above $2,000,000.
(c) Payment deadline and passing of title: You must pay the full amount due (comprising the hammer price, buyer’s premium and any applicable taxes and shipping or delivery fees) no later than 11:59 pm. EST on May 22, 2014. 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 us in full and cleared funds even in circumstances where Christie’s has released the lot to you.
(d) You must pay for any lot bought at Christie’s via the online-only auction by credit card. We 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. If you registered and bid as a company in accordance with paragraph 3(b), 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. 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 in Your Account "Your Account" and then “Your Bids” and selecting “Checkout”. You will need to enter your credit card information on check-out. The credit card you provide will be charged in U.S. dollars. For non-U.S. 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 respect to payment, please contact Christie’s Client Services at basquiat@christies.com or on +1 (212) 636-2002.
(e) Sales or use tax: New York sales tax or value added sales tax, sales or compensating use tax of any applicable jurisdiction (including but not limited to deliveries in California, Florida, Illinois, Massachusetts, New York, Pennsylvania, Rhode Island or Texas) will be collected, as applicable, before the lot may be released. It is the buyer’s responsibility to ascertain and pay all taxes due. Christie’s is not able to honor any reseller’s certificates through the online-only auction process and cannot grant any exemption upon check-out for applicable sales tax to any bidder. As a successful bidder you will be charged sales tax, if applicable, 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.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. Company bidders claiming exemption from sales tax must indicate this by ticking the Sales Tax Exemption box at the time of registration and have the appropriate documentation on file with Christie's prior to check-out to avoid being charged.
(f) 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.
(g) Due diligence and offsetting: We shall be entitled to retain any items sold until all amounts due 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 in good cleared funds 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. If such amounts are not paid or such checks are not satisfied, Christie’s shall be entitled to cancel the sale and to take any other actions that are required or permitted under applicable law. If any items sold have not been collected or for which shipping arrangements have not been confirmed or paid for in full by 11:59, May 22, 2014, administration and handling fees may be charged at Christie’s full discretion.
(h) Shipping of your purchased lots: We are entitled to retain items sold until all amounts due to us, or to Christie’s International plc, or to any of its affiliates, subsidiaries or parent companies worldwide, have been received in full in good cleared funds or until the buyer has satisfied such other terms as we, in our sole discretion, shall require, including, for the avoidance of doubt, completing any anti-money laundering or antiterrorism financing checks we may require to our satisfaction. In the event a buyer fails to complete any anti-money laundering or anti-terrorism financing checks 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.
Subject to this, 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. (EST) on May 22, 2014, Christie’s will store your purchased lots free of charge until either the relevant deadline for shipment, at which time purchases will be shipped 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.
Christie’s will arrange for shipment of your purchased lots through a Christie’s designated third party shipper 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.
Please ask for details from your customs agent, applicable government entity or other organization and please read the lot detail page for any lot-specific shipping restrictions.
You will be responsible for any and all shipping expenses, including costs, packing and handling, loss damage liability fees. 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 purchase price. This will be charged at check-out and will cover loss, theft, damage or breakage.
Although we shall use reasonable efforts to take care when handling, packing and facilitating any shipment of a purchased lot, Christie’s is not 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 we may suggest any third party handler, packer or carrier if so requested, we do not accept liability for their acts or omissions.
(i) Import/export licenses or other permits: Unless otherwise agreed by us 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 our 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 full payment for the lot, and we 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 full payment for the lot.
(j) Remedies for non payment: If the buyer fails to make payment in full in good cleared funds by the payment due date required by paragraph 6(c), 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 we 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 we 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 we, 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;
(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 our 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 us and we may retain such property as collateral security for such buyer's obligations to us; and/or
(viii) To take such other action as we deem necessary or appropriate.
(l) Failure to Remit Payment: Should buyers fail to complete their purchase by the payment deadline of no later than 11:59 pm. (EST) on May 22, 2014 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 additional costs incurred, together with payment of all other amounts due to us.
6. EXTENT OF CHRISTIE'S LIABILITY
(a) Christie’s offers internet services as a convenience to our clients, but Christie’s will not be responsible to you for errors during or after the sale 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 or the web site service provider; 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. In addition, condition reports and currency converter are free services and Christie’s is not responsible to you for any error or breakdown in these services.
(b) Neither the seller nor Christie’s (nor any of their officers, employees or agents) is 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. Except as stated below, neither the seller, Christie’s nor any of its 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, 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.
(c) 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.
(d) 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.
(e) We agree to refund the purchase price only in the circumstances of the Limited Warranty set out in paragraph 8 below.
7. LIMITED WARRANTY
Subject to the terms and conditions of this paragraph, Christie’s warrants for a period of five (5) years from the date of the sale 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) 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 property in the lot description. 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 terms used in the headings are further explained in Important Notices and Explanation of Cataloguing Practice. 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 relevant 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 publication of the lot description or a process which at the date of publication of the lot description 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 at auction.
(iii) The original buyer must have remained the owner of the lot without disposing of any interest in it to any third party.
(iv) The buyer's 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 special, incidental or consequential damages including, without limitation, loss of profits nor for interest.
(v) The buyer 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.
(vi) The buyer must return the lot to the Christie’s saleroom at which it was purchased in the same condition as at the time of the sale.
8. COPYRIGHT
(a) The copyright in all images, illustrations and written material produced by or for Christie’s relating to a lot 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 our prior written consent. 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® or http://onlineonly.christies.com 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 (for the purposes of this paragraph 9 are together, ”Christie's”) and/or by third parties. Christie’s authorizes you to view and download a single copy of the Material solely for your personal, non-commercial use. 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. For information on obtaining licenses to use the photographs that appear on LotFinder® or onlineonly.christies.com, please inquire with Christie’s Client Services at info@christies.com or 212-636-2002.
9. SEVERABILITY
If any part of these Conditions of Sale and Terms of Use 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.
10. Personal Information
Christie’s 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/privacypolicy. You are entirely responsible for maintaining the confidentiality of your username and password and for any and all activities that occur under your account.
11. LAW AND JURISDICTION
The rights and obligations of the parties with respect to these Conditions of Sale, the conduct of the auction and any matters connected with any of the foregoing shall be governed and interpreted by the laws of the jurisdiction in which the auction is held. By bidding at auction, whether present in person or by agent, by written bid, telephone or other means, the buyer shall be deemed to have submitted, for the benefit of Christie’s, to the exclusive jurisdiction of the courts of that country, state, country or province, and (if applicable) of the federal courts sitting in such state.
IMPORTANT NOTICES AND
EXPLANATION OF CATALOGUING PRACTICE
IMPORTANT NOTICES
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.
ALL DIMENSIONS ARE APPROXIMATE
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 Client Services at (212) 636-2002 or by email at pwconline@christies.com 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.
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.
Important Notices
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 notes and/or description with the symbol ∇ in the lot notes and/or description.
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 notes and/or description with the symbol º. This symbol will be used 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. Where Christie’s has an ownership or financial interest in every lot in the catalogue, Christie’s will not designate each lot with a symbol but will state its interest at the top of the sale page.