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Once your payment has been received and cleared, property may be released. Unless other-wise agreed by Sotheby's, all purchases must be removed by the 30th calendar day following a sale.
Collection and Delivery
Post Sale Services
+ 1 212 606 7444
FAX: + 1 212 606 7043
uspostsaleservices@sothebys.com
Shipping Services?Sotheby's offers a comprehensive shipping service to meet all of your requirements. If you received
a shipping quotation or have any questions about the services we offer please contact us.
Collecting your Property?As a courtesy to purchasers who come to Sotheby's to collect property, Sotheby's will assist in the packing of lots, although Sotheby's may, in the case of fragile articles, choose not to pack or otherwise handle a purchase.
If you are using your own shipper to collect property from Sotheby's, please provide a letter of authorization and kindly instruct your shipper that they must provide a Bill of Lading prior to collection. Both documents must be sent to Post Sale Services prior to collection.
The Bill of Lading must include: the purchaser's full name, the full delivery address including the street name and number, city and state or city and country, the sale and lot number.
Sotheby's will contact your shipper within 24 hours of receipt of the Bill of Lading to confirm the date and time that your property can be collected. Property will not be released without this confirmation and your shipper must bring the same Bill of Lading that was faxed to Sotheby's when collecting. All property releases are subject to the receipt of cleared funds.
Please see the Conditions of Sale for further details.
Endangered Species
Certain property sold at auction, for example, items made of or incorporating plant or animal materials such as coral, crocodile, ivory, whalebone, tortoiseshell, rhinoceros horn etc., irrespective of age or value, may require a license or certificate prior to exportation and additional licenses or certificates upon importation to another country. Sotheby's suggests that buyers check on their government wildlife import requirements prior to placing a bid. Please note that the ability to obtain an export license or certificate does not ensure the ability to obtain an import license or certificate in another country, and vice versa. It is the purchaser's responsibility to obtain any export or import licenses and/or certificates as well as any other required documentation. In the case of denial of any export or import license or of delay in the obtaining of such licenses, the purchaser is still responsible for making on-time payment of the total purchase price for the lot.
Although licenses can be obtained to export some types of endangered species, other types may not be exported at all, and other types may not be resold in the United States. Upon request, Sotheby's is willing to assist the purchaser in attempting to obtain the appropriate licenses and/or certificates. However, there is no assurance that an export license or certificate can be obtained. Please check with the specialist department or the Shipping Department if you are uncertain as to whether a lot is subject to these export/import license and certificate requirements, or any other restrictions on exportation.
Please see the Conditions of Sale for further details.
CONDITIONS OF BUSINESS FOR BUYERS in New York Auctions
(formerly referred to as “Conditions of Sale”)
1. Introduction
In these Conditions of Business for Buyers, “we”, “us” and “our” refers to Sotheby’s, Inc. and “you” and “your” refer to Bidders and Buyers. For New York Wine & Spirits auctions, “we”, “us” and “our” refers to both Sotheby’s, Inc. and Sotheby’s Wine. If you are an agent acting on behalf of a principal, “you” and “your” refer to both principal and agent. Capitalized terms will have the meaning set out in Condition 2.
These Conditions of Business for Buyers are the terms and conditions applicable to Bidders and Buyers in our New York auctions (both live and timed auctions). The Conditions of Business for Buyers include the Authenticity Guarantee and any other additional conditions that are expressly stated as applicable to a sale, and they may be amended by any oral or written announcement or notice prior to or during the sale. Our and the Seller’s relationship with Buyers and any Bidders in relation to the Lots offered in a sale is governed by the Conditions of Business for Buyers and the express representations and warranties and indemnity given by the Seller (which may differ from any published Conditions of Business for Sellers). In relation to a sale, where applicable, any reference by us to “Conditions of Sale” or “Terms of Guarantee,” should be understood to mean these Conditions of Business for Buyers and the Authenticity Guarantee, respectively. As auctioneer, we act as agent for the Seller, unless the Catalogue indicates otherwise, and a sale contract is made directly between the Seller and the Buyer. For New York Wine & Spirits auctions, Sotheby’s Wine acts as agent for the Seller, unless the Catalogue indicates otherwise, and Sotheby’s Inc. conducts the auction. In some cases, which will be indicated in the Catalogue, Sotheby’s may own a Lot and/or may have a legal, beneficial or financial interest in a Lot as a secured creditor or otherwise.
By registering for an auction, including through our Online Platforms, you agree to be bound by the Conditions of Business for Buyers.
We may change these Conditions of Business for Buyers from time to time in our sole discretion, without notice to you or to the Seller, by posting such changes on the Sotheby’s website at http://www.sothebys.com. It is your and the Seller’s responsibility to periodically check the Conditions of Business for Buyers for changes by clicking the link “Conditions of Business for Buyers” applicable to the relevant sale location. You will know if these Conditions of Business for Buyers have been revised since your last review by referring to the “Last Modified” date at the bottom of this page. If you do not agree to the current Conditions of Business for Buyers, you should refrain from registering to bid in an auction.
2. Defined Terms
Authenticity Guarantee: the guarantee we provide as principal to the Buyer in relation to a purchased Lot, as set out in Condition 15. In relation to a sale, where applicable, any reference by us to the “Terms of Guarantee” should be understood to mean the Authenticity Guarantee.
Bidder: any person or entity registered to bid in a sale.
Buyer: the buyer of record of a Lot.
Buyer’s Expenses: any costs or expenses, plus any applicable VAT, due to us from the Buyer in respect of the purchase of a Lot.
Buyer’s Premium: the commission the Buyer must pay to us as part of the Purchase Price for auction Lots. The Buyer’s Premium rate is subject to change at any time. The current Buyer’s Premium rate for all auctions except Wine & Spirits is 25% of the Hammer Price for a Hammer Price up to and including $1,000,000, 20% of any amount of the Hammer Price in excess of $1,000,000 up to and including $4,500,000, and 13.9% of any amount of the Hammer Price in excess of $4,500,000. For Wine & Spirits auctions, the Buyer’s Premium rate is 24% of the Hammer Price for all Lots. Buyer’s Premium is subject to any applicable VAT and/or sales or use tax.
Catalogue: the list of Lots offered in an auction and associated information, available on our website, the Sotheby’s App and, in some cases, in printed form.
Hammer Price: for each Lot sold, the last price accepted for the Lot by the auctioneer or acknowledged by the Sotheby's online bidding system, or in the case of a post-auction sale, the agreed sale price.
Online Platforms: our website, the Sotheby’s App, and any other online means through which we enable Bidders to bid on Lots in our sales.
Overhead Premium: the fee the Buyer must pay to Sotheby’s as part of the Purchase Price, as an allocation of overhead costs relating to our facilities, property handling and other administrative expenses. The Overhead Premium rate is subject to change at any time. The current Overhead Premium rate is 1% of the Hammer Price. Overhead Premium is subject to any applicable VAT or sales tax.
Lot: an item (or more than one item grouped as one) of property offered for sale. In some cases, a Lot may be, or may be accompanied by, an experience (an “Experience”). A Lot may be or include an NFT (or more than one NFT), and the term “NFT” may be used to refer to any such Lot.
NFT: a non-fungible token established on a blockchain.
Purchase Price: the Hammer Price plus the Buyer’s Premium, Overhead Premium, any applicable VAT and/or sales or use tax, and any applicable artist resale right royalty payable by the Buyer on qualifying Property.
Referenced Content: with respect to an NFT, the metadata, content, digital asset and/or physical item, if any, to which the NFT relates.
Reserve: the confidential minimum Hammer Price at which a Lot can be sold.
Seller: the person(s) or entity(ies) on whose behalf we are offering a Lot for sale. Where we own a Lot, Sotheby’s acts in a principal capacity as Seller.
Sotheby’s, Inc.: the company incorporated in New York, with its headquarters at 1334 York Street, New York, NY 10021.
Sotheby’s Group: the Delaware corporation Sotheby’s, Sotheby’s Financial Services, Inc., and any entities in which either of them hold, from time to time, directly or indirectly, more than 50% of the issued share capital; and each, a “Sotheby’s Group Company.”
Sotheby’s Wine: the company incorporated as 72nd and York Inc., a wholly owned subsidiary of Sotheby’s, Inc., d.b.a. Sotheby’s Wine.
VAT: any applicable Value Added Tax or an amount in lieu of Value Added Tax, as the case may be, at the prevailing rate.
3. The Lots
(a) All Lots are offered for sale in the condition they are in at the time of the sale. You acknowledge that many Lots are of an age and type such that they are not in perfect condition. Catalogue descriptions and condition reports may refer to imperfections of a Lot or Referenced Content, but Lots or Referenced Content may have other faults not expressly referred to in the Catalogue or condition report. Illustrations are for identification purposes only and may not convey full information as to the actual condition of a Lot or Referenced Content.
(b) You accept responsibility for carrying out your own inspections and investigations of Lots in which you may be interested. You should inspect a Lot before bidding to determine and to satisfy yourself as to its condition, size, description and whether it has been repaired or restored, as applicable, and Sotheby’s accepts bids on Lots solely on this basis. Condition reports may be available to assist when inspecting Lots. Lots may be available for viewing in person at our premises or another location and viewing information will be available on our website. For any NFT Lot, in addition to the foregoing, you are solely responsible for reviewing and inspecting the smart contract, if available, prior to your purchase.
(c) You acknowledge that our knowledge of each Lot is partially dependent on information provided by the Seller, and we are not able to and do not carry out exhaustive due diligence on each Lot. Information provided to you regarding any Lot, including any estimates, information in the Catalogue, condition reports, or information in respect of the age of hand-coloring in maps, atlases or books, is a matter of opinion only and not a representation of fact, and is dependent upon, among other things, the condition of the Lot, the degree of research, examination or testing that is possible or practical in the circumstances, and the status of generally accepted expert opinion, research and scientific or technical analysis at the time of cataloguing. Any estimates should not be relied upon as a prediction of the selling price or value of a Lot and may be revised from time to time in our absolute discretion.
(d) If the Lot is an NFT, you acknowledge and agree that our staff are not information technology or data experts, and that by bidding in the auction of the NFT, you accept that NFTs are subject to inherent technological risks which may affect their performance now or in the future. You further acknowledge and agree that the characterization and regulatory scheme governing NFTs, cryptocurrencies, and blockchain technology is uncertain and undetermined, that your purchase and receipt of the NFT complies with applicable laws and regulations in your jurisdiction, and that new regulations or policies may materially adversely affect the auction or the NFT.
(e) If the Lot is an NFT, you acknowledge and agree that the NFT may be subject to resale royalties through application of the smart contract on any subsequent resales of the NFT. On any such resale by you, you may be obligated to collect and remit to the appropriate party resale royalties as applicable, and you are responsible for any network fees that may apply to such payments as well as any transaction duties imposed by law.
(f) We reserve the right to withdraw any Lot from an auction or to cancel an auction, whether prior to or during the auction, and we will not be liable to you for any claims, causes of action, liabilities, damages, losses, or expenses in connection with such withdrawal or cancellation.
(g) Unless otherwise specified, all Lots are offered subject to a Reserve. The Reserve for a Lot cannot exceed the Lot’s low estimate. In a timed auction, you acknowledge that we may reduce the Reserve for any Lot at any time during the auction, provided it has been agreed with the Seller prior to any such reduction.
(h) Lots offered will be referenced by the Lot number assigned in the Catalogue. Unless we specify otherwise, bids must be on a per-Lot basis.
(i) Regarding Experiences, we do not plan, host, operate, or fulfil the Experiences, nor do we endorse, verify, vouch for, investigate or vet any Experience. For each Experience, any incidental costs and expenses such as fees for travel, food or lodging are the sole responsibility of the Buyer unless otherwise expressly stated in the Experience description.
(j) DISCLAIMER OF WARRANTIES:
(i) All Lots are offered for sale “AS IS,” without any guarantee, representations or warranties by us or the Seller, except for the express representations and warranties given by the Seller (which may differ from any published Conditions of Business for Sellers) and the Authenticity Guarantee, which we, as principal, provide to the Buyer. We and the Seller disclaim all implied warranties, including but not limited to merchantability and fitness for a particular purpose, except in so far as such obligations cannot be excluded by law. Neither we nor the Seller give you any guarantee, representation or warranty as to the correctness of the Catalogue or other images or descriptions of the condition, completeness, size, quality, rarity, value, importance, medium, frame, provenance, exhibition history, or literary or historical relevance of any Lot, and no statement anywhere, whether oral or written, will be deemed such a warranty, representation or assumption of liability. Except as expressly set forth elsewhere in these Conditions, neither we nor the Seller make any representations or warranties as to whether any Lot is subject to copyright or whether the Buyer acquires any copyrights, including but not limited to, any reproduction rights in any Lot.
(ii) In the case of NFTs, in addition to the above and except for the express representations and warranties given by the Seller (which may differ from any published Conditions of Business for Sellers) and the Authenticity Guarantee, which we, as principal, provide to the Buyer, neither we nor the Seller make any representations or warranties as to the following: (1) whether the NFT or any Referenced Content is subject to copyright; (2) the nature, character, contents, condition, behavior, operation, performance, security, integrity, metadata, persistence, quality, technical details or terms of the smart contract, NFT or the Referenced Content, including without limitation any further iterations of the same; (3) that the smart contract, NFT or Referenced Content or the delivery mechanism for the NFT does not contain vulnerabilities, viruses or malware or other harmful components, or that either will function as any bidder or Buyer expects or without error or mistake; (4) the uniqueness of the Referenced Content; (5) that an NFT is reliable, correctly programmed, compatible with your or others’ computer systems, up-to-date, error-free, compatible with your digital wallet or meeting your requirements, or that defects in the NFT can or will be corrected; or (6) the accuracy or reliability of any simulation or videos depicting the intended performance of the NFT or the Referenced Content, whether displayed on our website or on any other platform.
(k) The Buyer is solely responsible for identifying and obtaining any necessary export, import, firearm, endangered species or other permit for a purchased Lot. Any symbols or notices in the Catalogue reflect our reasonable opinion at the time of cataloguing and are included for informational purposes only. Without prejudice to Condition 3(j), neither we nor the Seller make any representations or warranties as to whether any Lot is subject to export or import restrictions or any embargoes. The denial of any permit or license will not justify cancellation or rescission of the sale or excuse any delay in payment. We will not deliver a firearm to a Buyer unless the Buyer has first supplied evidence to our satisfaction of compliance with this Condition.
4. Buyer Representations and Warranties
(a) You represent and warrant to us and the Seller that at all relevant times:
(i) your bids on any Lot are genuine and are not the product of any collusive or other anti-competitive agreement and are otherwise consistent with any applicable antitrust laws;
(ii) your performance under this agreement has not and will not violate any applicable law, regulation or code in any jurisdiction;
(iii) regarding any alcoholic beverages Lots, where required by applicable law, you are properly licensed, permitted or otherwise authorized to purchase, receive, possess and/or cause to transport alcoholic beverages;
(iv) your purchase of a Lot and, if you are acting as an agent on behalf of a principal, the arrangement between you and your principal, will not facilitate tax crimes;
(v) you have no knowledge or reason to suspect that (1) the funds used to purchase a Lot are connected with the proceeds of criminal activity, or (2) you or your principal, if applicable (or, if you are an entity, any person(s) or entity(ies) with a beneficial or ownership interest in you), are under investigation, charged with, or convicted of any substantive or predicate money laundering or economic sanctions crime, terrorist activity, tax evasion or act in violation of any anti-bribery or anti-corruption law (including the UK Bribery Act 2010 and the US Foreign Corrupt Practices Act);
(vi) you (and your principal, if applicable) are not, nor are you (or your principal, if applicable) owned (in whole or in part), controlled, or acting on behalf of, an entity or individual that is: (1) the subject of economic sanctions, embargoes or other trade restrictions in any jurisdiction, including those administered and enforced by the United States, European Union, United Kingdom, United Nations Security Council, or other applicable sanctions authority (collectively, “Sanctions”), or (2) located, organized, or resident in a country or territory that is the subject of Sanctions (including Crimea, Cuba, Iran, North Korea, and Syria) (collectively, “Sanctioned Jurisdictions”);
(vii) you (and your principal, if applicable) are currently in compliance, and for the past five years have complied, with applicable Sanctions, anti-money laundering, anti-terrorism, and anti-bribery or anti-corruption laws;
(viii) the Purchase Price will not be funded directly or indirectly by or from anyone that is the subject of Sanctions or located, organized, or resident in a Sanctioned Jurisdiction;
(ix) no party directly or indirectly involved in the transaction will be the subject of Sanctions, nor owned (in whole or in part) or controlled by any individual or entity that is the subject of Sanctions or otherwise located, organized, or resident in a Sanctioned Jurisdiction, unless expressly authorized in writing by the government authority having jurisdiction over the purchase and with the prior express written consent of Sotheby’s;
(x) if you are acting as agent on behalf of a principal, you have taken steps reasonably designed to ensure compliance with Sanctions, anti-money laundering, anti-terrorism, and anti-bribery or anti-corruption laws, including but not limited to, conducting appropriate due diligence on your principal and screening source of funds. You will retain and make available upon request the documentation evidencing such due diligence for at least five years after the purchase, and all commissions payable to you for this consignment have been authorized by your principal;
(xi) your purchase will not cause (or otherwise result in) us, Sellers, or anyone else to violate any Sanctions, anti-money laundering, anti-terrorism, or anti-bribery or anti-corruption laws.
(xii) you have full legal authority without any further action or other party’s consent to enter into and perform this agreement and to give these representations and warranties; if you are an entity, the individual bidding on your behalf is authorized to do so and the entity is duly incorporated or formed, validly existing and in good standing in the jurisdiction where it is incorporated or formed.
(b) We may, in our sole discretion, rescind the sale of a Lot if we reasonably determine any of the Buyer’s representations or warranties are inaccurate, incomplete or breached.
5. Indemnity
You shall indemnify and hold us, each Sotheby’s Group company, our and their respective officers and employees, and the Seller harmless against any and all claims, causes of action, liabilities, damages, losses, and expenses (including but not limited to reasonable attorneys’ fees), arising out of or in connection with any inaccuracy, incompleteness or breach of any of your representations or warranties or breach of your obligations under this agreement.
6. Bidding
(a) You must create an account and provide the requested information in order to bid. We may require financial references, guarantees, deposits or other security, as we determine necessary or appropriate, as security for your bid(s).
(b) To bid on a Lot containing an NFT, prior to bidding, you must have a digital wallet capable of supporting and accepting the NFT.
(c) To bid on any Lot designated as a “Premium Lot,” you must complete the required Premium Lot pre-registration application. We must receive your application at least 3 business days prior to the auction, and our decision whether to accept your application will be final. Online bidding may not be available for Premium Lots.
(d) Sotheby’s advises Bidders to attend the auction, either in person or through our Online Platforms, but will seek to carry out absentee written bids, endeavoring to ensure that the first received of identical written bids has priority. Sotheby’s also offers clients the opportunity to bid through our Online Platforms. If you elect to bid through an Online Platform, you are responsible for making yourself aware of all salesroom notices and announcements, which will be accessible on the Online Platforms.
(e) Where available, written bids, telephone bids and online bids are offered as a courtesy for no additional charge, at the Bidder's risk and subject to our other commitments at the time of the auction. We will not accept liability for failure to place written, telephone or online bids.
(f) All bidding will be in the currency of the sale location. Online Bidders will not be able to see the currency conversion board that may be displayed in the auction room.
(g) You shall not bid on any Lot unless your bids are genuine and are not the product of any collusive or other anti-competitive agreement and are otherwise consistent with any applicable antitrust laws; and your bidding will not violate any applicable law, regulation or code in any jurisdiction.
(h) We reserve the right to refuse or revoke permission to bid and to remove bidding privileges before or during a sale for any reason. For live auctions with bidding in person, we may refuse admission to the auction. For timed auctions, we also reserve the right to deactivate your account at any time prior to, during, or after an auction.
(i) You agree that your bids, regardless of the means by which you have placed the bid, are final and acknowledge that you will not be permitted to amend or retract your bid. Should your bid be successful, you irrevocably agree to pay the full Purchase Price and any applicable Buyer’s Expenses. We are not responsible for any errors that you make or that are made through your Sotheby’s account in bidding on a Lot.
7. Conduct of an Auction
(a) An auction is by its nature fast-moving and bidding may progress very quickly. The auctioneer will commence and advance the bidding at levels and in increments the auctioneer considers appropriate. The auctioneer has discretion to vary bid increments in the auction room and on the telephone but Bidders using Online Platforms may not be able to place a bid in an amount other than a whole bidding increment. Where bidders are permitted to submit online bids in advance of some live auctions, we reserve the right to adjust the opening bid prior to the start of the auction.
(b) In a timed auction, bidding opens at an amount at or below the low estimate for the Lot and escalates in bid increments that we determine. We may vary the amount of the bid increments during a timed auction. Lots will be closed sequentially, either by the online system or, in some cases, by a live auctioneer. If by the online system, Lots will close sequentially in one-minute intervals unless a bid is placed within one minute of a Lot’s scheduled closing time, in which case we will extend the sale of that Lot by two minutes from the time of the last bid. The extension of any 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.
(c) NOTICE: The auctioneer (or, in a timed auction, the online system) may open bidding on any Lot by placing a bid on behalf of the Seller below the Reserve. The auctioneer may further bid on behalf of the Seller, up to but not at the Reserve, by placing successive or consecutive bids for a Lot, or by placing bids in response to other Bidders; in a timed auction, such bids will be counted toward the total bid count displayed on the Online Platform.
(d) The auctioneer (or, in a timed auction, the online system) may refuse or reject any bid, including bids that have previously been accepted, withdraw any Lot, or reopen or continue the bidding (including after the fall of the hammer or, in a timed auction, the close of a Lot). If the Reserve for a Lot is not met, the auctioneer may withdraw the Lot from sale, and the auctioneer or online system will announce that the withdrawn Lot has been “passed”, “withdrawn”, “returned to owner,” “unsold,” “bought-in” or the equivalent.
(e) In the case of error or dispute with respect to bidding, either during or after the auction, we in our sole discretion may refuse any bid, withdraw a Lot, determine who the Buyer is, continue or re-open the bidding, cancel the sale of a Lot, or re-offer and re-sell a Lot (including after the fall of the hammer or, in a timed auction, the close of a Lot), and take such other action as we reasonably deem appropriate. In the case of any dispute, our sale record will be absolute and final. In the event of any discrepancy between any online records or messages provided to you and our sale record, our sale record will prevail. In any such case in which we decide to cancel the sale of a Lot or to re-offer and re-sell a Lot following an error or dispute with respect to bidding, we will notify the Buyer of such decision as soon as reasonably practicable.
(f) Subject to Condition 7(e), the Buyer will be: in a live auction, the highest Bidder accepted for a Lot at the fall of the hammer; in a timed auction, the highest Bidder accepted for a Lot on the close of the Lot; in the case of a Bidder bidding as agent, such Bidder’s principal will be the Buyer. This means that, subject to Condition 7(e), the sale contract between the Buyer and the Seller is concluded on the striking of the auctioneer’s hammer in a live auction, or on the close of a Lot in a timed auction, whereupon the Buyer becomes liable to pay the full Purchase Price and any applicable Buyer’s Expenses.
(g) Any post-auction sale of Lots will be sold pursuant to these Conditions.
8. Payment
(a) Generally.
(i) Buyers will be invoiced after the sale. For online Bidders, the purchase information shown in the “My Bids” section of the Sotheby’s App and in the “Account Activity” section of “My Account” on our website is provided for your convenience only. In the event of any discrepancy between the online purchase information and the invoice we send you following the sale, the invoice will prevail.
(ii) The Buyer’s Premium and Overhead Premium will be added to the Hammer Price on a per-Lot basis and are payable by the Buyer as part of the Purchase Price.
(iii) The Buyer also must pay as part of the Purchase Price any applicable sales tax, compensating use tax, VAT, consumption tax, goods or services tax or other indirect taxes, luxury tax, excise tax, and duties or tariffs (collectively, “Taxes”), as well as any applicable ARR, on the purchase of a Lot where and as required by applicable law. Sotheby’s will collect any applicable Taxes and ARR on the purchase of a Lot where and as required by applicable law. The Buyer shall pay the Purchase Price in full without any deduction for taxes of any kind, unless such deduction is required by law. In any such case, the amount due to Sotheby’s from the Buyer will be increased to an amount that after deduction for any such taxes leaves an amount equal to the Purchase Price.
(iv) Payment of the Purchase Price for a Lot and any Buyer's Expenses is due from the Buyer in the currency of the relevant sale (except to the extent permitted in Condition 8(b)) immediately upon conclusion of the auction, notwithstanding any requirements for export, import or other permits. The Buyer’s obligation to pay the full Purchase Price and any applicable Buyer’s Expenses is absolute and unconditional and is not subject to any defenses, setoffs or counterclaims of any kind whatsoever.
(v) We will not accept payment from a source other than the Buyer. If you are registered to bid as a company, your company will need to pay for any purchases in the name of the company via an accepted payment method. Partial payment for a Lot, or payment across multiple credit cards for a single Lot, is not permitted.
(vi) Title in a purchased Lot will not pass to the Buyer until we have received the full Purchase Price in cleared funds. We will release a Lot to the Buyer after we have received the full Purchase Price and any applicable Buyer’s Expenses in cleared funds and appropriate identification has been provided, unless we are prevented from doing so by an event beyond our control. Any earlier release does not affect the passing of title or the Buyer’s unconditional obligation to pay the full Purchase Price and any applicable Buyer’s Expenses.
(b) Payment in cryptocurrency: for Lots eligible for payment in cryptocurrencies, payments made in cryptocurrency shall be subject to the terms in this Condition 8(b) in addition to the terms set forth in Condition 8(a) above.
(i) We will accept payment in cryptocurrency only for Lots designated as eligible for such in the Catalogue or by any oral or written announcement or notice prior to or during the sale, and only in the following cryptocurrencies: Bitcoin (BTC), Ether (ETH) and USD Coin (USDC).
(ii) The amount due will be the cryptocurrency equivalent at the time payment is made of the amount invoiced, and Buyer will be responsible for applicable network fees required to successfully conduct the transaction on the blockchain.
(iii) Any payment in cryptocurrency must be made within ten (10) business days of your receipt of the invoice from us, and payment must be made between the hours of 9:00am and 12:00pm Eastern Time, Monday through Friday (and not on a U.S. public holiday).
(iv) Payment must be made from an account or digital wallet in your name maintained with one of the following platforms: (1) Coinbase Custody Trust; (2) Coinbase, Inc. (including Coinbase, Coinbase Pro and Coinbase Prime accounts); (3) Fidelity Digital Assets Services, LLC; (4) Gemini Trust Company, LLC; or (5) Paxos Trust Company, LLC. Partial payments from multiple digital wallets will not be accepted, and you will be required to provide documentation reasonably requested to confirm that you own the wallet used to make payment. We will not accept more than two partial payments from the same digital wallet unless otherwise agreed by us in writing.
(v) Payments in cryptocurrency will not be accepted other than in accordance with Condition 8(b). If you make payment in cryptocurrency other than in accordance with Condition 8(b), including where we determine in our sole discretion that any of your representations and warranties are inaccurate, incomplete or breached, we may, in our sole discretion, return those funds to you and hold you responsible for all third-party fees (including, without limitation, network fees, taxes, transfer fees, etc.), and in such circumstances we may require you to pay in the fiat currency of the sale. In addition, in the event we make any refund of Taxes to you and you paid such Taxes using cryptocurrency, you understand and agree that we, at our sole discretion, may refund you (1) the same amount(s) of the same cryptocurrency that you paid to us for such Taxes; (2) the amount(s) in fiat currency that we invoiced to you for such Taxes; or (3) the fiat currency equivalent at the time the refund is made of the amount(s) of cryptocurrency that you paid for such Taxes. In no circumstance will you be entitled to receive any appreciation on the value of the cryptocurrency that you provided to us as payment in connection with a refund.
(vi) Once you initiate a cryptocurrency transaction, the transaction cannot be reversed; this is inherent in the nature of cryptocurrencies and not a policy set by us. You are responsible for verifying that you have sent the correct amount to the correct digital wallet address.
(vii) If you make payment in cryptocurrency from a digital wallet or account, you represent and warrant the following: (1) you own the digital wallet and the cryptocurrency used to make payment; (2) the digital wallet or account is not directly or indirectly hosted, operated, or otherwise controlled by anyone that is the subject of Sanctions or located, resident, or organized in a Sanctioned Jurisdiction; (3) the cryptocurrency or any other assets in the digital wallet or account used for the bid or purchase were not sourced from anyone that is the subject of Sanctions or located, resident, or organized in a Sanctioned Jurisdiction; and (4) your payment in cryptocurrency will not cause (or otherwise result in) us, Sellers, or anyone else to violate any Sanctions, anti-money laundering, anti-terrorism, anti-bribery or anti-corruption laws, or any other applicable laws. We may, in our sole discretion, refuse payment in cryptocurrency from any Buyer if we reasonably determine any of the Buyer’s representations or warranties are, or would be as a result of such payment, inaccurate, incomplete or breached.
(viii) We shall have no liability for any payment made by you in cryptocurrency that is not received by us for whatever reason.
(ix) You acknowledge the risks inherent to the use of cryptocurrency, including without limitation the risk of faulty or insufficient hardware, software, and internet connections; the risk of introduction or intrusion of malicious code or software; the risk of hacking or unauthorized access to your digital wallet or information stored therein, or of theft or diversion of funds therefrom; volatility and unstable or unfavorable exchange rates; and the risk of unfavorable regulatory intervention and/or tax treatment in relation to transaction in such currency. We will have no liability for any of the foregoing.
9. Consequences for Late- or Non-payment
(a) Without prejudice to any rights or remedies the Seller may have, if the Buyer without prior agreement fails to pay the full Purchase Price for a Lot and any applicable Buyer’s Expenses in cleared funds within five days of the auction, the Buyer will be in default. In any such case, we may in our sole discretion (having informed the Seller) exercise one or more of the following rights or remedies in respect of each Lot for which the Buyer has failed to pay in full, in addition to any and all other rights or remedies available to us or the Seller by law or in equity:
(i) store the Lot at our premises or, if the Lot is an NFT, in our or the Seller’s digital wallet, or elsewhere at the Buyer’s sole risk and expense;
(ii) cancel the sale of the Lot;
(iii) set off any amounts owed to the Buyer by a Sotheby’s Group Company against any amounts outstanding from the Buyer in respect of the Lot;
(iv) apply any payments made to us by the Buyer as part of the Purchase Price and Buyer’s Expenses towards such Lot or any other Lot purchased by the Buyer, or to any shortfall on the resale of any Lot pursuant to paragraph (viii) below, or to any damages suffered by us as a result of breach of contract by the Buyer;
(v) reject future bids from the Buyer or render such bids subject to payment of a deposit;
(vi) charge interest at the annual percentage rate of 6% above the prime rate from the date on which payment is due to the date the Purchase Price and relevant Buyer's Expenses are received in cleared funds (both before and after judgement);
(vii) exercise a lien over any of the Buyer’s property that is in the possession of a Sotheby’s Group Company, in which case we will inform the Buyer of the exercise of any such lien, and we may thereafter arrange the sale of such property and apply the proceeds to the amount outstanding;
(viii) resell the Lot at auction or by private sale, with estimates and reserves set at our discretion, and in the event such resale is for less than the Purchase Price and Buyer's Expenses for that Lot, the Buyer will remain liable for the shortfall together with all costs incurred in such resale;
(ix) commence legal proceedings to recover the Purchase Price and Buyer's Expenses for that Lot, or to claim damages for the Buyer’s breach of contract, together with interest and the costs of such proceedings on a full indemnity basis; and
(x) release the name and address of the Buyer to the Seller to enable the Seller to commence legal proceedings to recover the amounts due and legal costs, and in such case, we will take reasonable steps to notify the Buyer prior to releasing such details to the Seller.
(b) In the event the Buyer fails to pay any or all of the Purchase Price for a Lot and we elect to pay the Seller any portion or all of the sale proceeds, the Buyer acknowledges that we will have all of the rights that the Seller would otherwise have against the Buyer for any such amount, whether at law, in equity, or under these Conditions of Business for Buyers.
10. Collection and Delivery of Purchases
(a) The provisions of this Condition 10(a) apply to all Lots except NFTs:
(i) The Buyer is obliged to arrange collection of purchased Lots no later than 30 calendar days after the date of sale, or if applicable, within the time stipulated in the relevant sale information available on our website.
(ii) Except as set out in this Condition 10(a)(ii), all packing and handling are at the Buyer's risk. We will not be liable for any acts or omissions of third-party packers or shippers. For Lots from a Wine & Spirits auction where we arrange for domestic shipping at your request on your behalf, we will charge you a non-refundable fee at a rate of 1% of the Purchase Price for all domestic shipments arranged. Such fee covers property handling and administration and bearing liability for loss or damage to the Property while in our possession. We will only be liable for breakage or loss during transit. All packages must be inspected upon receipt and breakage or loss reported to us immediately upon delivery of the property. We will not refund any shipping charges, packing charges, or fees.
(iii) Following the auction, we will provide the Buyer with the invoice, which may include a shipping quote outlining the Buyer’s shipping costs (the “Buyer’s Shipping Quote”). For international Buyers, the Buyer’s Shipping Quote will be exclusive of any taxes or duties, and you acknowledge and agree that it is your responsibility to ascertain and pay all international duties, custom charges, taxes, charges and tariffs owed to the appropriate government entity or that otherwise need to be paid prior to shipment and/or delivery including any third-party charges necessary to facilitate shipment. Once you have accepted the Buyer’s Shipping Quote and we have received in full the Purchase Price, Buyer’s Expenses and the amount stated in the Buyer’s Shipping Quote by the payment deadline, we will ship the Lot to you to the address you provided on your account following conclusion of the sale contract between the Seller and the Buyer. Purchased Lots cannot be delivered to P.O. boxes, and we are unable to arrange delivery to those locations specified as excluded zones in the shipping costs calculator that is available on the Online Platform. If you request delivery of a Lot to any such destination, we reserve the right to require you to collect the Lot from us or to arrange delivery of the Lot by a third-party carrier.
(iv) If the Buyer pays the Purchase Price and Buyer's Expenses but fails to collect a Lot within 30 calendar days of the auction, we will store the Lot at the Buyer's expense and risk at Sotheby's or with a third party. Regarding uncollected Lots from a Wine & Spirits auction, if a purchased Lot remains uncollected after 90 days, we may send it to our wine warehouse, upon which time applicable state and local sales tax will be charged. The Buyer hereby agrees to the Virtual Cellar Terms of Use, Storage Terms of Use and Auto-Renewal Policy with regard to the storage of such Lot(s), which can be found at https://www.sothebyswine.com/ny/storage.
(v) If a purchased Lot is not collected within six months of the auction, the Buyer authorizes us, having given notice to the Buyer, to arrange a resale of the Lot by auction or private sale, with estimates and reserves at our discretion. The proceeds of such sale, less all costs incurred by us, will be forfeited unless collected by the Buyer within two years of the original auction.
(b) The provisions of this Condition 10(b) apply to NFTs:
(i) In order to receive the NFT, you must have a digital wallet that is capable of supporting and accepting the NFT, and which you, or the company you have registered to bid as, own, and to which you have access. You understand and acknowledge that not all digital wallets can support storage of a non-fungible token, and that if your wallet does not support storage of the NFT purchased by you, you may lose access to that NFT. You further understand and acknowledge that if you fail to provide us with an address for a digital wallet that is capable of supporting and accepting the NFT within five (5) business days of the conclusion of the auction, we may, in our sole discretion, treat the NFT as transferred to you for purposes of Condition 11(a)(iii), treat the NFT Lot as a Lot for which the Buyer has failed to pay in full for purposes of Condition 9, and hold you responsible for all resulting third-party fees (including, without limitation, custodial fees, insurance, network fees, taxes, transfer fees, etc.).
(ii) We or the Seller will transfer the NFT to the digital wallet that you have specified, after you have met the conditions in Condition 8 herein. You agree that we may require you to follow a security protocol to ensure that the NFT is safely received by you. We will transfer the NFT to the wallet address specified by you and are not responsible for confirming that you have supplied us with the correct or a valid address, and we are not responsible if the transfer of the NFT to your wallet fails unless such failure is the result of us sending the NFT to a wallet address other than the one provided by you.
11. Risk and Responsibility for Lots
(a) Risk and responsibility for a purchased Lot will transfer to the Buyer as follows:
(i) for Lots in live auctions: on the earlier of: (1) collection of the Lot, or (2) the 31st calendar day after the sale, or if applicable, the expiry of the time specified in the special sale information available on our website, except that risk and responsibility for wine or spirits casks will transfer to the Buyer upon the fall of the hammer. For any Lots stored by a third party and not available for collection from our premises, your provision to us of instructions authorizing the release to the Buyer shall constitute collection by the Buyer.
(ii) for Lots in Timed Auctions: (1) if we dispatch the Lot to the Buyer (using the method of shipping the Buyer specified for the Lot), when the Lot comes into the physical possession of the Buyer or the Buyer’s designated agent; or (2) if collection by the Buyer is permitted, when the Buyer or the Buyer’s designated agent collects the Lot, except that risk and responsibility for wine or spirits casks will transfer to the Buyer upon the close of the Lot. As a Buyer, you acknowledge that the Lot is at your risk if you choose to exercise any right you may have to cancel the contract for the purchase of the Lot (in accordance with the procedure set out at Condition 12 below) and that you should therefore insure the Lot against loss or damage until it is returned to us.
(iii) For NFTs: After transfer of the NFT to the digital wallet specified by you, you are thereafter responsible for secure storage of the NFT in the wallet or other storage mechanism you use to receive and/or hold the NFT. You further acknowledge that you are solely responsible for any risks associated with the transferring, creating, holding, storing, or use of NFTs or a digital wallet, as applicable, including network failures or disruptions; corrupted wallet files; viruses, phishing, bruteforcing, hacking, security breaches, mining attacks, or other means of attack against the NFT; risk of losing access to the NFT due to loss of private key(s); custodial or buyer error; regulatory interference in one or more jurisdictions; token taxation; personal information disclosure; uninsured losses; failure to provide appropriate maintenance (including without limitation hosting); and other unanticipated risks. Neither we nor the Seller will not be responsible for any such risks or losses.
(b) Once risk passes to the Buyer, the Buyer irrevocably releases each Sotheby’s Group Company, our and their respective officers and employees, agents, warehouses and the Seller, from any and all claims, causes of action, liabilities, damages, losses, and expenses (including but not limited to reasonable attorneys’ fees) for loss of or damage to the Lot.
(c) Prior to the time when risk and responsibility for a purchased Lot transfers to the Buyer, we assume liability for loss or damage to a Lot, subject to the exclusions set out in the following subparagraph. In the event of loss or damage for which we have assumed liability, we will determine the extent of depreciation to the Lot, if any, caused by the loss or damage and compensate the Buyer in respect of that loss up to a maximum of the Purchase Price paid by the Buyer for the Lot.
(d) We will not be liable for any loss or damage (1) occurring during any process undertaken by independent contractors engaged with your consent, including but not limited to for restoration, conservation, framing or cleaning; (2) caused to frames or to glass covering prints, paintings or other flat works; or (3) caused by changes in humidity or temperature (as long as we take reasonable care in handling the Lot), normal wear and tear, gradual deterioration or inherent vice or defect (including woodworm), war, any act or acts of terrorism (as defined by our insurers), nuclear fission, radioactive contamination, or chemical, bio-chemical or electromagnetic weapons. If the Lot is an NFT, in addition to the above, we will not be liable for any loss related to damage or corruption to the Referenced Content, failure of the NFT to reference the Referenced Content, or loss of, or other security or persistence issues related to, the Referenced Content.
(e) Upon your receipt of payment from us for any loss or damage to a Lot in accordance with this Condition, you, on your own behalf and on behalf of your insurer(s), irrevocably release us and the Seller from all liability for loss of or damage to such Lot and irrevocably waive all rights and claims that you might have against us or the Seller in connection with the same.
12. Consumer Cancellation
(a) Timed Auction Cancellation of Purchase
(i) If you are a “Consumer” (namely a person acting for purposes that are wholly or mainly outside of your trade, business, craft or profession) who habitually resides in the European Union or United Kingdom and the Seller is a “Trader” (namely a Seller acting for purposes relating to their trade, business, craft or profession, whether acting personally or through another person acting in the trader’s name or on the trader’s behalf), then you have the right to cancel your online purchase of goods (except for goods that are personalized or made to the Buyer’s specifications) (the “Consumer Cancellation Right”) for any reason during the period of 14 calendar days after you or your designated agent (other than the carrier) acquires physical possession of the Lot or, if the Lot is an NFT, after the date that you have submitted payment but before we or the Seller have initiated the transfer of the NFT to the wallet specified by you (the “Consumer Cancellation Period”). Once, however, we or the Seller have initiated the transfer of the NFT to the wallet specified by you, you agree that you will no longer have the right to cancel the sale under the terms of this Condition. To exercise the Consumer Cancellation Right in relation to a Lot, the Consumer must (1) notify us of intention to cancel by a clear statement (e.g. a letter sent by post, fax or email or you may use the model cancellation form provided in Condition 12(c)) prior to the end of the Consumer Cancellation Period, and (2) for Lots that are not NFTs, return the Lot to us in the same condition as when you or your representative received it, by no later than 14 calendar days after providing notice of intent to cancel.
(ii) You shall return the Lot or deliver it to us at such address as we may specify for the purpose, without undue delay and in any event no later than 14 calendar days from the day after which you notify us of your intention to cancel your purchase of the Lot. This deadline is met if you send back the Lot before the period of 14 calendar days has expired. You must bear the direct costs of returning the Lot. If we arranged for the Lot to be delivered, we estimate that the cost of returning the Lot by the same means is likely to be similar to the cost of delivery, but it is not possible for us to be more accurate as to this cost due to the many variables involved in our worldwide business model and the means by which a return might be made.
(iii) If the foregoing conditions for exercising the Consumer Cancellation Right are met, we will reimburse the Buyer for Purchase Price, if paid, plus standard delivery charges, if we are required to do so in accordance with the Consumer Cancellation Right. We will not process the reimbursement unless and until the Lot is returned to us or you have supplied us with evidence of having returned the Lot to us.
(iv) We will make the reimbursement to the Buyer using the same method of payment as the Buyer used for the initial transaction, unless expressly agreed otherwise. We will not charge the Buyer any fee in connection with processing the reimbursement.
(v) We will not reimburse the Buyer for any supplementary costs that arose if you chose a type of delivery other than the least expensive type of standard delivery offered by us or any import duties you incur as a result of you returning the Lot to us. We are entitled to deduct from the reimbursement the amount of any loss in value of the Lot that is caused as a result of unnecessary handling by you.
(vi) If you exercise a Consumer Cancellation Right pursuant to this Condition 12 and you paid any amount(s) due using cryptocurrency, you understand and agree that we, at our sole discretion, may refund you (1) the same amount(s) of the same cryptocurrency that you paid to us; (2) the amount(s) in fiat currency that we invoiced to you; or (3) the fiat currency equivalent at the time the refund is made of the amount(s) of cryptocurrency that you paid. In no circumstance will you be entitled to receive any appreciation on the value of the cryptocurrency that you provided to us as payment in connection with a refund.
(b) Cancellation of Delivery Services
(i) If you are a Consumer who habitually resides in the European Union or United Kingdom, then you have the right to cancel the contract for any delivery services in connection with your purchase of a Lot (the “Services Cancellation Right”) for any reason during the period of 14 calendar days after the conclusion of the contract for delivery services (the “Services Cancellation Period”).
(ii) If you request us to begin performance of the delivery services during the Services Cancellation Period and subsequently decide to exercise your right to cancel the provision of services during the Services Cancellation Period, you shall pay us the amount in proportion to the value of the services that have been performed by the time you exercise your cancellation right. We will make any reimbursement due to you not later than 14 days after the date on which we are informed about your decision to cancel the services. We will make the reimbursement to you using the same method of payment as you used for the initial transaction, unless expressly agreed otherwise. We will not charge any fee in connection with processing the reimbursement.
(c) To exercise a Consumer or Services Cancellation Right, you must notify us of intention to cancel by a clear statement (e.g. a letter sent by post, fax or email) prior to the end of the Consumer or Services Cancellation Period. Alternatively, you may use the following model cancellation form:
To: Sotheby’s [insert the name of the company within the Sotheby’s Group conducting the relevant sale]
I/We* hereby give notice that I/We* cancel [my/our online purchase of the following goods[*]][the provision of the following delivery services [*]],
Ordered on [*]/received on [*],
Name of Consumer(s):
Address of Consumer(s):
Signature of Consumer(s) [only if the notification is in hard copy]
Date:
[*] Delete as appropriate
13. Exclusions and Limitations of Liability
(a) Generally
(i) Neither we nor the Seller will be liable for errors or omissions in the glossary of terms, if any, or the Catalogue or other descriptions of the Lot, though if we discover a material error or omission in such materials prior to the auction, we will endeavor to provide a correction, time permitting.
(ii) We reserve the right to withdraw any Lot before the conclusion of the sale and will have no liability to you for such withdrawal. Regarding Experiences, we reserve the right to withdraw any Experience before or after the sale, and we will have no liability to you for such withdrawal.
(iii) We offer the Online Platforms as a convenience to clients. The application that enables participation via the Online Platforms is optimized for broadband connectivity (DSL or cable modem). Broadband or other internet capacity constraints, corporate firewalls and other technical problems beyond our reasonable control may create difficulties for some users including, for example, in relation to accessing an auction via the Online Platforms and in maintaining continuity of such access. Neither we nor the Seller will be liable to you for any failure to execute bids through our Online Platforms, or errors or omissions in connection therewith, including, without limitation, errors or failures caused by (1) any loss of connection between you and our Online Platforms; (2) a breakdown on or problem with our Online Platforms or other technical services; or (3) a breakdown or problem with your internet connection, computer, mobile device or system.
(iv) We are not liable to you for any acts or omissions in connection with the conduct of the auction or for any matter relating to the sale of any Lot, other than as set out in the Authenticity Guarantee, or as may be required by applicable law.
(v) The Seller of any Lot is not liable to you for any acts or omissions in connection with any matter relating to the sale of such Lot, other than a breach of the express representations and warranties given by the Seller (which may differ from any published Conditions of Business for Sellers).
(vi) Unless we own a Lot offered for sale, we are not responsible for any breach of these Conditions by the Seller.
(vii) Neither you nor we nor the Seller will be liable for any special, consequential, indirect, incidental or punitive damages.
(viii) With respect to Experiences, no Sotheby’s Group Company, nor our and their respective officers and employees, will be liable for any negligent act or omission of any person or entity providing any goods or services arising out of or in connection with the fulfillment of an Experience or the Buyer’s participation in the Experience, or for any claims, causes of action, liabilities, damages, losses, or expenses (including but not limited to reasonable attorneys’ fees) arising out of or in connection with the Buyer’s interaction with the Seller or any third party in connection with an Experience.
(ix) Without prejudice to Conditions 13(a)(i)-(viii), our liability to you under this agreement for any claim relating to a Lot will not exceed the amount of the Purchase Price of the Lot, except in the case of our willful misconduct or fraud, or in the case of death or personal injury caused by our negligent acts or omissions.
(x) Without prejudice to Conditions 13(a)(i)-(viii), the Seller’s liability to you under this agreement for any claim relating to a Lot will not exceed the amount of the Purchase Price of the Lot, except in the case of the Seller’s willful misconduct or fraud, or in the case of death or personal injury caused by the Seller’s negligent acts or omissions.
(b) In addition to the terms set forth in Condition 13(a) above and without limiting Condition 3(j) above in any way, NFTs shall be subject to the additional terms in this Condition 13(b).
(i) You acknowledge and agree that NFTs are not issued, minted or tokenized by us and we are solely acting as the NFT Seller’s agent to offer the NFT for sale at the auction.
(ii) We are only selling the ownership rights to the NFT and in no way are we associated with or responsible for any resales or secondary market sales of the NFT or the Referenced Content or any iterations of the same. Any copyright(s) in and to the NFT and Referenced Content, including but not limited to, any reproduction rights in any Referenced Content, remain with the creator(s) thereof, and the purchase of the NFT does not constitute an assignment thereof.
(iii) Transfer of ownership to an NFT will not guarantee continuing access to the Referenced Content to which it relates and you further acknowledge and agree to the risks associated with purchasing, using, transferring, and owning NFTs, as applicable, including, but not limited to, telecommunications, network, server, or blockchain failures, malfunctions, or disruptions; risk of losing access to the NFT due to lost or forgotten private key(s) or password(s) or corrupted wallet files; mis-typed addresses or incorrectly constructed transactions; viruses, phishing, bruteforcing, hacking, security breaches, mining attacks, or other means of cyber-security attack; custodial or buyer error; regulatory interference in one or more jurisdictions; token taxation; personal information disclosure; uninsured losses; and other unanticipated risks.
(iv) Neither you nor we nor the Seller will be liable for any special, consequential, indirect, incidental or punitive damages, including, as applicable, damages relating to any of the risks or disclaimed attributes set forth in Condition 13(b)(iii). In addition to the above, we will not be liable for any loss whatsoever related to damage or corruption to the Referenced Content, failure of the NFT to reference the Referenced Content, or loss of, or other security or persistence issues related to, the Referenced Content.
(v) You have sufficient understanding of NFTs, digital wallets and other storage mechanisms, cryptocurrencies, blockchain technology, and the use, characteristics, functionality, programming, and/or other material characteristics of all of the foregoing, to fully understand and agree to these Conditions and the disclaimers and risks outlined herein, or have consulted with professional advisors in relation to the foregoing such that any participation by you in the auction of any NFT constitutes an informed acceptance of such disclaimers and risks.
14. Data Protection
(a) We will hold and process your personal information and may share it with another Sotheby’s Group company for use as described in, and in line with, our Privacy Policy published on our website privacycompliance@sothebys.com or available on request by email to enquiries@sothebys.com.
(b) We may film auctions or other activities on Sotheby’s premises and such recordings may be transmitted over the internet via our website or other online platforms. Online and telephone bids may be recorded.
15. AUTHENTICITY GUARANTEE
(a) We, as principal, provide a guarantee to the Buyer, subject to the following terms and conditions, that the information provided in the Guarantee Line (as defined) is correct. The “Guarantee Line” for each Lot is set out on the respective Lot page in the online Catalogue on our website and, where applicable, in the Guarantee Line Schedule in the hardcopy Catalogue (if any). Notwithstanding anything to the contrary in this Condition 15, with respect to NFTs, unless otherwise set forth on the respective Lot page on our website, the Guarantee Line is regarding the authorship of the Referenced Content, if any. The Guarantee Line may be amended by a salesroom or website posting or announcement. Buyers should refer to the glossary of terms, if any, for an explanation of terminology used in the Guarantee Line.
(b) The Authenticity Guarantee is provided for a period of five years after the date of the auction (the “Guarantee Period”), except as otherwise provided below.
(c) The Authenticity Guarantee is provided solely for the benefit of the Buyer and cannot be transferred to any third party.
(d) To claim under the Authenticity Guarantee, the Buyer must:
(i) notify us in writing within 3 months of receiving any information that causes the Buyer to question the correctness of the Guarantee Line and in any event by no later than the expiry of the Guarantee Period, specifying the Lot number and the date of the auction at which it was purchased, and providing all the information in the Buyer’s possession in support of the Buyer’s claim; and
(ii) return the Lot to us or, at our direction, to the Seller or another third party, in the same condition as at the date of sale to the Buyer and be able to transfer good title in the Lot, free from any third-party interest or claim(s) arising after the date of the sale.
In addition, we may also require the Buyer to obtain at the Buyer's cost the reports of two independent and recognized experts in the field, mutually acceptable to us and the Buyer. We will not be bound by any such reports and we reserve the right to seek additional expert advice at our expense.
(e) We reserve, in our absolute discretion as principal, the right to reject a claim under the Authenticity Guarantee if:
(i) the Guarantee Line was in accordance with the opinions of scholars and experts, which are generally accepted and known or privately expressed to us, as at the date of the sale, or the Lot description indicated that there was a conflict of such opinions;
(ii) the only method of establishing that the Guarantee Line was incorrect at the date of the sale would have been by means or processes not then generally available or accepted, unreasonably expensive or impractical to use, or likely to have caused damage or loss of value to the Lot;
(iii) the manner in which the Guarantee Line is said to be incorrect is due only to damage, restoration, modification work of any kind (including repainting or over-painting) present at the time of the sale, or the inability of the manufacturer, maker or relevant archives to confirm the correctness of the Guarantee Line; or
(iv) the manner in which the Guarantee Line is incorrect does not result in a material loss in value of the Lot.
(f) Subject to the above, if we reasonably determine that the Guarantee Line in respect of a Lot is not correct, we will ensure that the sale is rescinded, and that the Buyer is refunded the Purchase Price in the currency of the sale.
(g) The Buyer acknowledges and agrees that rescission of the sale and the refund of the Purchase Price is the Buyer’s sole remedy available under the Authenticity Guarantee and is in lieu of any other remedy that might otherwise be available to the Buyer as a matter of law or in equity.
(h) Additional provisions specific to Lots in Jewelry, Wine & Spirits and Books & Manuscripts auctions:
(i) With respect to Lots containing any gemstone, jade or pearls, the Guarantee Period for any claim that the gemstone or pearls are not genuine or of natural origin is 21 days from the date of the auction.
(ii) With respect to Lots sold in a Wine & Spirits auction, the Guarantee Period is 21 days from the date of the auction.
(iii) With respect to Lots sold in a Books & Manuscripts auction, the Authenticity Guarantee also includes a guarantee to the Buyer for a Guarantee Period of 21 days from the date of the auction that, subject to Conditions 15(c)-(g), the Lot’s text and/or illustrations are not materially defective. Subject to the following exceptions, if we reasonably determine that the text or illustrations in a Lot are materially defective, we will ensure that the sale is rescinded, and that the Buyer is refunded the Purchase Price in the currency of the sale. We reserve the right to reject a claim under this Condition 15(h) if:
(1) the Lot comprises an atlas, an extra-illustrated book, a volume with fore-edged paintings, a periodical publication or a print or drawing;
(2) in the case of a manuscript, the Lot was not described in the Catalogue as complete;
(3) the defect complained of was mentioned in the Lot description or the item complained of was sold un-named in a Lot;
(4) the defect complained of is not a defect in text or illustration, such as without limitation, damage to bindings, stains, foxing, marginal wormholes, lack of blank leaves or half titles or other conditions not affecting the completeness of the text or illustration, lack of list of plates, inserted advertisements, cancels or any subsequently published volume, supplement, appendix or plates or error in the enumeration of the plates, or is based on the age of hand-coloring in maps, atlases or books; or
(5) the manner in which the text or illustrations are defective does not result in a material loss in value of the Lot.
16. Miscellaneous
(a) You will provide to us, upon our request, verification of identity and any additional information required to comply with our Know Your Client requirements or to evidence your authority to enter into this agreement. If you are an agent acting on behalf of a principal, you shall disclose to us the identity of the principal. We reserve the right to seek identification of the source of funds received. If we have not completed our enquiries in respect of Know Your Client, Sanctions, anti-money laundering, anti-terrorist financing or other checks as we consider appropriate concerning you (or your principal, if applicable) to our satisfaction, we may prohibit you from bidding, or not complete or cancel the sale of any Lot, as appropriate, and take any further action required or permitted under applicable law without any liability to you.
(b) You are personally liable for your bid. If you are an agent acting on behalf of a principal, you and your principal are bound by the terms of this agreement and jointly and severally assume your obligations and liabilities under this agreement.
(c) We own the exclusive copyright to all images and written material we produce relating to each Lot. You cannot use them without our prior written permission. We may use them as we deem appropriate, to the extent permitted by law, before or after the sale of a Lot.
(d) The Conditions of Business for Buyers, including the Authenticity Guarantee, and the express representations and warranties and indemnity given by the Seller (which may differ from any published Conditions of Business for Sellers) together are the entire agreement between us, the Seller and you with respect to the subject matter hereof and supersedes all prior or contemporaneous written, oral or implied understandings, representations or agreements relating to the subject matter of this agreement. If any part of this agreement is deemed invalid or unenforceable, such invalidity or unenforceability will not affect the remaining provisions of this agreement, which will remain in full force and effect. No act, omission or delay by us shall be deemed a waiver or release of any of our rights.
(e) This agreement is binding upon, and inures to the benefit of, you, your estate, heirs, executors, devisees, representatives, administrators, successors and permitted assigns.
(f) You may not assign your rights or delegate your obligations under this agreement without our prior written consent.
(g) Notices to us should be in writing and addressed to the department in charge of the sale, quoting the reference number specified for the auction.
17. Law and Jurisdiction
This agreement (which includes these Conditions of Business for Buyers and the express representations and warranties and indemnity given by the Seller) will be governed by and construed in accordance with the laws of the State of New York. In the event of a dispute arising from or relating to this agreement, you agree to submit to the exclusive jurisdiction of the state courts of and the federal courts sitting in the State and County of New York, though Sotheby’s will retain the right to bring proceedings in a court other than the state and federal courts sitting in the State and County of New York.
BUYING AT AUCTION
The following will help in understanding the auction buying process as well as some of the terms and symbols commonly used in an auction catalogue. All bidders should read the Conditions of Business for Buyers, as well as the Glossary or any other notices. By bidding at auction, bidders are bound by the Conditions of Business for Buyers, as amended by any oral announcement or posted notices.
1. SYMBOL KEY
□ Reserves
Unless indicated by a box (□), all lots in this catalogue are offered subject to a reserve. A reserve is the confidential minimum hammer price at which a lot will be sold. The reserve is generally set at a percentage of the low estimate and will not exceed the low estimate of the lot. If any lots in the catalogue are offered without reserve, such lots will be designated by a box (□). If every lot in a catalogue is offered without a reserve, the Conditions of Business for Buyers will so state and this symbol will not be used for each lot.
○ Guaranteed Property
The seller of lots with this symbol has been guaranteed a minimum price from one auction or a series of auctions. This guarantee may be provided by Sotheby’s or jointly by Sotheby’s and a third party. Sotheby’s and any third parties providing a guarantee jointly with Sotheby’s benefit financially if a guaranteed lot is sold successfully and may incur a loss if the sale is not successful. A third party providing a guarantee jointly with Sotheby’s may provide an irrevocable bid, or otherwise bid, on the guaranteed property. If this auction has a printed catalogue, a PDF catalogue or both and the guaranteed property symbol for a lot is not included in such catalogue or if there is no printed catalogue or PDF catalogue and the guaranteed property symbol for a lot is not included at the time the digital catalogue is initially available for viewing, then Sotheby’s will notify bidders that there is a guarantee on the lot by one or more of the following means: the lot’s specific webpage will be updated to include the guaranteed property symbol, a notice will be added to the Sotheby’s webpage for the auction, or a pre-sale or pre-lot announcement will be made indicating that there is a guarantee on the lot.
△ Property in which Sotheby’s has an Ownership Interest
Lots with this symbol indicate that Sotheby’s owns the lot in whole or in part or has an economic interest in the lot equivalent to an ownership interest.
⋑ Irrevocable Bids
Lots with this symbol indicate that a party has provided Sotheby’s with an irrevocable bid on the lot that will be executed during the sale at a value that ensures that the lot will sell. The irrevocable bidder, who may bid in excess of the irrevocable bid, may be compensated for providing the irrevocable bid by receiving a contingent fee, a fixed fee or both. From time to time, a Sotheby’s shareholder may be an irrevocable bidder. If the irrevocable bidder is the successful bidder, any contingent fee, fixed fee or both (as applicable) for providing the irrevocable bid may be netted against the irrevocable bidder’s obligation to pay the full purchase price for the lot and the purchase price reported for the lot shall be net of any such fees. From time to time, Sotheby’s may enter into irrevocable bid agreements that cover multiple lots. In such instances, the compensation Sotheby’s will pay the irrevocable bidder is allocated to the lots for which the irrevocable bidder is not the successful purchaser. Under such circumstances, the total compensation to the irrevocable bidder will not exceed the total buyer’s premium and other amounts paid to Sotheby’s in respect of any lots for which the irrevocable bidder is not the successful bidder. If this auction has a printed catalogue, a PDF catalogue or both and the irrevocable bid is not secured until after such catalogue is finalized or if there is no printed catalogue or PDF catalogue and the irrevocable bid is not secured until after the digital catalogue is initially available for viewing, then Sotheby’s will notify bidders that there is an irrevocable bid on the lot by one or more of the following means: the lot’s specific webpage will be updated to include the irrevocable bid symbol, a notice will be added to the Sotheby’s webpage for the auction, or a pre-sale or pre-lot announcement will be made indicating that there is an irrevocable bid on the lot. From time to time, Sotheby’s or any affiliated company may provide the irrevocable bidder with financing related to the irrevocable bid. In addition, from time to time, an irrevocable bidder may have knowledge of the amount of a guarantee. If the irrevocable bidder is advising anyone with respect to the lot, Sotheby’s requires the irrevocable bidder to disclose his or her financial interest in the lot. If an agent is advising you or bidding on your behalf with respect to a lot identified as being subject to an irrevocable bid, you should request that the agent disclose whether or not he or she has a financial interest in the lot.
⊻ Interested Parties
Lots with this symbol indicate that parties with a direct or indirect interest in the lot may be bidding on the lot, including (i) the beneficiary of an estate selling the lot, or (ii) the joint owner of a lot. If the interested party is the successful bidder, they will be required to pay the full buyer’s premium and overhead premium. In certain instances, interested parties may have knowledge of the reserve. If this auction has a printed catalogue, a PDF catalogue or both and the interested party’s possible participation in the sale Is not known until after such catalogue is finalized or if there is no printed catalogue or PDF catalogue and the interested party’s possible participation in the sale Is not known until after the digital catalogue is initially available for viewing, then Sotheby’s will notify bidders that an interested party may bid on the lot by one or more of the following means: the lot’s specific webpage will be updated to include the interested parties symbol, a notice will be added to the Sotheby’s webpage for the auction, or a pre-sale or pre-lot announcement will be made indicating that an interested party may bid on the lot.
◉ Restricted Materials
Lots with this symbol have been identified at the time of cataloguing as containing organic material which may be subject to restrictions regarding import or export. The information is made available for the convenience of bidders and the absence of the symbol is not a warranty that there are no restrictions regarding import or export of the Lot. Please also refer to the section on Endangered Species in the information on Buying at Auction.
∏ Monumental
Lots with this symbol may, in our opinion, require special handling or shipping services due to size or other physical considerations. Bidders are advised to inspect the lot and to contact Sotheby’s prior to the sale to discuss any specific shipping requirements.
✧ Premium Lot
In order to bid on “Premium Lots” (in print catalogue or ✧ in the lot’s specific webpage) you may be required to complete a Premium Lot pre-registration application. You must arrange for Sotheby’s to receive your pre-registration application at least three working days before the sale. Please bear in mind that we are unable to obtain financial references over weekends or public holidays. Sotheby’s decision whether to accept any pre-registration application shall be final. If all lots in the catalogue are “Premium Lots”, a Special Notice will be included to this effect and this symbol will not be used.
⊖ US Import Tariff
Please note that this lot is subject to an import tariff. The amount of the import tariff due is a percentage of the value declared upon entry into the United States. The amount of the import tariff is not based on the final hammer price. The buyer should contact Sotheby’s prior to the sale to determine the amount of the import tariff. If the buyer instructs Sotheby’s to arrange shipping of the lot to a foreign address, the buyer will not be required to pay the import tariff. If the buyer instructs Sotheby’s to arrange shipping of the lot to a domestic address, or if the buyer collects the property in person, or if the buyer arranges their own shipping (whether domestically or internationally), the buyer will be required to pay the import tariff. The import tariff is included in the purchase price and, where applicable, sales tax will be added to the purchase price as per our Sales and Use Tax section.
➿ Cryptocurrency Payments
We will accept cryptocurrency as payment for lots with this symbol, within the parameters specified in the Conditions of Business for Buyers (or where applicable, in the Conditions of Sale and Additional Conditions of Sale for Payment by Cryptocurrency) applicable to the sale and only on the terms and conditions set out therein as of the date of the sale. Please review those terms and conditions if you are interested in paying in cryptocurrency, and contact Post Sale Services for more information.
2. BEFORE THE AUCTION
Bidding in advance of the live auction For certain sales, you may bid in advance of the live auction (“Advance Bids”) on sothebys.com or the Sotheby’s App. In order to do so, you must register an account with Sotheby’s and provide requested information. Once you have done so, navigate to your desired lot, and click the “Place Bid” button. You may bid at or above the starting bid displayed on the Online Platforms. Please note that we reserve the right to amend the starting bid prior to the start of the live auction. You may also input your maximum bid which, upon confirmation, will be executed automatically up to this predefined maximum value, in response to other bids, including bids placed by Sotheby’s on behalf of the seller up to the amount of the reserve (if applicable). The current leading bid will be visible to all bidders; the value and status of your maximum bid will be visible only to you. If the status of your bid changes, you will receive notifications via email and push (if you have enabled push notifications) leading up to the live auction. You may raise your maximum bid at any time in advance of the live auction. Please note in certain circumstances, clients who have been outbid may be reinstated as the leading bidder and will receive notification via email or push notifications (if enabled on your device).
The Catalogue The catalogue will help familiarize you with property being offered at the designated auction. Prospective bidders should consult sothebys.com for the most up to date cataloguing of the property in this catalogue.
Estimates Each lot in the catalogue is given a low and high estimate, indicating to a prospective buyer a range in which the lot might sell at auction. When possible, the estimate is based on previous auction records of comparable pieces. The estimates are determined several months before a sale and are therefore subject to change upon further research of the property, or to reflect market conditions or currency fluctuations. Estimates should not be relied upon as a representation or prediction of actual selling prices.
Provenance In certain circumstances, Sotheby’s may include in the catalogue the history of ownership of a work of art if such information contributes to scholarship or is otherwise well known and assists in distinguishing the work of art. However, the identity of the seller or previous owners may not be disclosed for a variety of reasons. For example, such information may be excluded to accommodate a seller’s request for confidentiality or because the identity of prior owners is unknown given the age of the work of art.
Specialist Advice Prospective bidders may be interested in specific information not included in the catalogue description of a lot. For additional information, please contact either a Sotheby’s specialist in charge of the sale, or Sotheby’s Client Services Department. You may also request a condition report from the specialist in charge.
Viewing Property will be available for viewing at an exhibition of the auction property or by appointment only at our New York premises or such other location as we may indicate from time to time as indicated on the webpage for the sale.
Salesroom Notices Salesroom notices amend the catalogue description after our catalogue is available. They are announced by the auctioneer and/or posted on the sale page. Please take note of them.
Registration Sotheby’s may require such necessary financial references, guarantees, deposits and/or such other security, in its absolute discretion, as security for your bid.
If you are not successful on any lot, Sotheby’s will arrange for a refund (subject to any right of set off) of the deposit amount paid by you without interest within 14 working days of the date of the sale. Any exchange losses or fees associated with the refund shall be borne by you. Registration to bid on Premium Lots must be done at least 3 business days prior to the sale.
3. DURING THE AUCTION
The Auction Auctions are open to the public (subject to any governmental health or safety restrictions) without any admission fee or obligation to bid. The auctioneer introduces the objects for sale — known as “lots” — in numerical order as listed in the catalogue. Unless otherwise noted in the catalogue, on the sale page or by an announcement at the auction, Sotheby’s acts as agent on behalf of the seller and does not permit the seller to bid on his or her own property. It is important for all bidders to know that the auctioneer may open the bidding on any lot by placing a bid on behalf of the seller. The auctioneer may further bid on behalf of the seller, up to the amount of the reserve, by placing responsive or consecutive bids for a lot. The auctioneer will not place consecutive bids on behalf of the seller above the reserve.
Absentee Bidding for Live Auctions If you do not wish to bid online during a live auction, you may place your bid ahead of time, either via sothebys.com or the App, or by submitting your bid in writing to the Bids Department. Once the live auction opens, when the lot that you are interested in comes up for sale, the auctioneer will execute the bid on your behalf, making every effort to purchase the item for as little as possible and never exceeding your limit. This service is free and confidential.
Advance Bidding for Live Auctions For certain live sales, where Advance Bids are accepted, if you submit an “Advance Bid” (as described above in “BEFORE THE AUCTION”), and your bid is not executed up to its maximum value before the live auction begins, your bid will continue to be executed automatically on your behalf during the live auction up to your predetermined maximum bid. You may also continue to bid via the Online Platforms at the next increment above your maximum bid. Online bidding may not be available for Premium Lots.
In Person Bidding for Live Auctions For the most up-to-date information regarding in person bidding, please call Sotheby’s or visit Sothebys.com. Bidders are encouraged to submit bids online on Sothebys.com or through the Sotheby’s App.
Telephone Bidding for Live Auctions In some circumstances, we offer the ability to place bids by telephone live to a Sotheby’s representative on the auction floor. Please contact the Bid Department prior to the sale to make arrangements or to answer any questions you may have. Telephone bids are accepted only at Sotheby’s discretion and at the caller’s risk. Calls may also be recorded at Sotheby’s discretion. By bidding on the telephone, prospective buyers consent thereto.
Online Bidding Bidders are encouraged to submit bids online on Sothebys.com or through the Sotheby’s App. For information about registering to bid on sothebys.com or through the Sotheby’s App, please see sothebys.com. Online bidding may not be available for Premium Lots.
Employee Bidding Sotheby’s employees may bid in a Sotheby’s auction only if the employee does not know the reserve and if the employee fully complies with Sotheby’s internal rules governing employee bidding.
US Economic Sanctions The United States maintains economic and trade sanctions against targeted foreign countries, groups and organizations. There may be restrictions on the import into the United States of certain items originating in sanctioned countries, including Cuba, Iran, North Korea and Sudan. The purchaser’s inability to import any item into the US or any other country as a result of these or other restrictions shall not justify cancellation or rescission of the sale or any delay in payment. Please check with the specialist department if you are uncertain as to whether a lot is subject to these import restrictions, or any other restrictions on importation or exportation.
Hammer Price and the Buyer’s Premium and the Overhead Premium For lots which are sold, the last price for a lot as announced by the auctioneer is the hammer price. A buyer’s premium and an overhead premium will be added to the hammer price and are payable by the purchaser as part of the total purchase price. The applicable buyer’s premium and overhead premium rates are as set forth in the Conditions of Business for Buyers.
Currency Board As a courtesy to bidders, a currency board is operated in many salesrooms. It displays the lot number and current bid in both U.S. dollars and foreign currencies. Exchange rates are approximations based on recent exchange rate information and should not be relied upon as a precise invoice amount. Sotheby’s assumes no responsibility for any error or omission in foreign or United States currency amounts shown.
Results Sale results are available on sothebys.com and on the Sotheby’s App.
International Auctions If you need assistance placing bids, obtaining condition reports or receiving auction results for a Sotheby’s sale outside the United States, please contact our International Client Services Department.
4. AFTER THE AUCTION
Payment If your bid is successful, your invoice will be mailed to you. The final price is determined by adding the buyer’s premium, overhead premium and any other applicable charges to the hammer price on a per-lot basis. Sales tax, where applicable, will be charged on the entire amount. Payment is due in full immediately after the sale. However, under certain circumstances, Sotheby’s may, in its sole discretion, offer bidders an extended payment plan. Such a payment plan may provide an economic benefit to the bidder. Credit terms should be requested at least one business day before the sale. However, there is no assurance that an extended payment plan will be offered. Please contact Post Sale Services or the specialist in charge of the sale for information on credit arrangements for a particular lot. Please note that Sotheby’s will not accept payments for purchased lots from any party other than the purchaser, unless otherwise agreed between the purchaser and Sotheby’s prior to the sale.
Payment by Cash It is against Sotheby’s general policy to accept payments in the form of cash or cash equivalents.
Payment by Credit Cards Sotheby’s accepts payment by credit card for Visa, MasterCard, and American Express only. Credit card payments may not exceed $50,000 per sale. Payment by credit card may be made (a) online at https://www.sothebys.com/en/invoice-payment.html, (b) through the Sotheby’s App, (c) by calling in to Post Sale Services at +1 212 606 7444, or (d) in person at Sotheby’s premises at the address noted in the catalogue (subject to any governmental health or safety restrictions). Please contact Post Sale Services for more information regarding paying in person.
Payment by Check Please contact Post Sale Services for information regarding payment by check.
Payment by Wire Transfer To pay for a purchase by wire transfer, please refer to the payment instructions on the invoice provided by Sotheby’s or contact Post Sale Services to request instructions.
Sales and Use Tax New York sales tax is charged on the hammer price, buyer’s premium, overhead premium and any other applicable charges on any property picked up or delivered in New York State, regardless of the state or country in which the purchaser resides or does business. Purchasers who wish to use their own shipper who is not a considered a “common carrier” by the New York Department of Taxation and Finance will be charged New York sales tax on the entire charge regardless of the destination of the property. Please refer to “Information on Sales and Use Tax Related to Purchases at Auction”.
Collection and Delivery
Post Sale Services
+ 1 212 606 7444
FAX: + 1 212 606 7043
uspostsaleservices@sothebys.com
All collections and deliveries for purchased property will be handled by Post Sale Services in coordination with purchasers after the auction. Unless otherwise agreed by Sotheby’s, all property must be removed from our or our vendor’s premises (as indicated on the invoice) by the purchaser at his expense not later than 30 calendar days following the close of the auction. As a reminder your property cannot be released until payment has been received and cleared.
Shipping Services Sotheby’s offers a comprehensive shipping service to meet all of your requirements. If you received a shipping quotation or have any questions about the services we offer please contact us.
Collecting your Property All collections and deliveries for purchased property will be handled by Post Sale Services in coordination with purchasers after the auction. Unless otherwise agreed by Sotheby’s, all property must be removed from our or our vendor’s premises (as indicated on the invoice) by the purchaser at his expense not later than 30 calendar days following the close of the auction. As a courtesy to purchasers who come to Sotheby’s to collect property, Sotheby’s will assist in the packing of lots, although Sotheby’s may, in the case of fragile articles, choose not to pack or otherwise handle a purchase.
If you are using your own shipper to collect property from Sotheby’s, please provide a letter of authorization and kindly instruct your shipper that they must provide a Bill of Lading prior to collection. Both documents must be sent to Post Sale Services prior to collection.
The Bill of Lading must include: the purchaser’s full name, the full delivery address including the street name and number, city and state or city and country, the sale and lot number.
Sotheby’s will contact your shipper within 24 hours of receipt of the Bill of Lading to confirm the date and time that your property can be collected. Property will not be released without this confirmation and your shipper must bring the same Bill of Lading that was faxed to Sotheby’s when collecting. All property releases are subject to the receipt of cleared funds.
Endangered Species Certain property sold at auction, for example, items made of or incorporating plant or animal materials such as coral, crocodile, ivory, whalebone, tortoiseshell, rhinoceros horn, rosewood, etc., irrespective of age or value, may require a license or certificate prior to exportation and additional licenses or certificates upon importation to another country. Sotheby’s suggests that buyers check on their government wildlife import requirements prior to placing a bid. Please note that the ability to obtain an export license or certificate does not ensure the ability to obtain an import license or certificate in another country, and vice versa. It is the purchaser’s responsibility to obtain any export or import licenses and/or certificates as well as any other required documentation. In the case of denial of any export or import license or of delay in the obtaining of such licenses, the purchaser is still responsible for making on-time payment of the total purchase price for the lot.
Although licenses can be obtained to export some types of endangered species, other types may not be exported at all, and other types may not be resold in the United States. Upon request, Sotheby’s is willing to assist the purchaser in attempting to obtain the appropriate licenses and/or certificates. However, there is no assurance that an export license or certificate can be obtained. Please check with the specialist department or the Shipping Department if you are uncertain as to whether a lot is subject to these export/import license and certificate requirements, or any other restrictions on exportation.
The Art Loss Register As part of Sotheby’s efforts to support only the legitimate art market and to combat the illegitimate market in stolen property, Sotheby’s has retained the Art Loss Register to check all uniquely identifiable items offered for sale in this catalogue that are estimated at more than the equivalent of US$1,500 against the Art Loss Register’s computerized database of objects reported as stolen or lost. The Art Loss Register is pleased to provide purchasers with a certificate confirming that a search has been made. All inquiries regarding search certificates should be directed to The Art Loss Register, First Floor, 63-66 Hatten Garden, London EC1N 8LE or by email at artloss@artloss.com. The Art Loss Register does not guarantee the provenance or title of any catalogued item against which they search and will not be liable for any direct or consequential losses of any nature howsoever arising. This statement and the ALR’s service do not affect your rights and obligations under the Conditions of Business for Buyers applicable to the sale.
IMPORTANT INFORMATION FOR PURCHASERS AT WINE AND SPIRIT SALES
The following will help explain some of the words and symbols commonly used throughout this catalogue.
D Sotheby’s and Sotheby's Wine, their affiliates, employees, shareholders, officers and directors: (a) do not own or operate any entity which will provide goods or services for this lot; (b) are not liable for any negligent or willful act of such persons or entities or of any third person providing the goods or services for this lot; and (c) are not responsible for any injury, financial or physical loss, death, inconvenience, delay or damage to personal property in connection with the provision of any goods or services for this lot.
Arrangement of Lots Wines of individual owners are grouped together, usually preceded by a general heading. There is an index at the end of the catalogue.
Cataloguing of Old Wines Wines are catalogued as accurately as possible at the time of going to press including the levels. However, such levels may change between cataloguing and sales. This may be caused by the ageing of the cork or by a change in the temperature of the storage conditions or the shipment of the wine. Additionally, there is a risk of cork failure in old wines which must be taken into account by the potential purchasers. Purchasers must take into consideration the natural variations and conditions of cases, labels, ullages, corks and wines.
Cautionary Notes Sotheby’s Wine will not entertain any price negotiation or credit after the delivery is made and returns will not be accepted. Under no circumstances will substitutes be provided by Sotheby’s Wine, for example in case of breakage, or error of description.
Non-arrival, Loss, Breakage and Shortage Loss Breakage and shortage should be notified to Sotheby’s Wine in writing within three (3) days of delivery of the property, which must be examined in the presence of the carrier on arrival. In the event of non-arrival, the purchaser must inform Sotheby’s Wine in writing within twenty-one (21) days of the date of the release order.
Payment for Purchased Property If you are the successful bidder on a lot, payment is to be made immediately following a sale. Sotheby’s will issue a Release Order to Sotheby’s Wine once receipt of full payment has been confirmed.
All delivery or pick-up inquiries should be made to Sotheby’s Wine. Please contact the specialist in charge of the sale for information on a specific lot, or Post Sale Services at +1 212 606 7059, for information regarding payment.
General Delivery Once payment has been received by Sotheby’s Wine and the Release Form has been issued to Sotheby’s Wine, the wines may be delivered according to the instructions provided by Buyers. Shipment of wine poses inherent risk of damage, particularly of older wines, and risk of damage or loss in transit are at the sole risk of the purchaser. Please note that Sotheby’s Wine does not ship wine to Buyers. Sotheby’s will forward to Sotheby’s Wine all delivery and collection requests received from Buyers. On behalf of Buyers, Sotheby’s Wine will arrange shipping or schedule a collection, subject to applicable law. Sotheby’s Wine will assess a repacking fee of $15.00 per case (or part case) of 750ml bottles. All shipping and insurance costs and expenses must be pre-paid. Service charges on shipments will not exceed 10%. A lot or invoice can only be delivered to one address (it is not possible to split a lot or invoice for delivery to more than one address).
Delivery within the United States Please be advised that most states regulate the shipment of wine into their state. We urge you to investigate your state’s regulations before bidding or arranging for shipment of wine into your state. Bidders are also reminded that various states impose limitations on the quantity of alcoholic beverages which may be purchased and brought into its jurisdiction by a purchaser from another state. Certain states do not permit any direct shipments of alcoholic beverages while other states require the purchaser, a consignor, shipper or other entity to possess certain licenses or permits. Neither Sotheby’s nor Sotheby’s Wine shall as a condition to sale assume any obligation nor bear any responsibility whatsoever for applying for or obtaining any permits or licenses. Therefore, all bidders are strongly advised to investigate the specific requirements to determine the manner in which alcoholic beverages shall be brought into their state so as to comply with all local regulations. Sotheby’s Wine and Sotheby’s make no representation as to the legal rights of anyone to ship or import alcoholic beverages into any state. You are solely responsible for determining the legality and the tax/duty consequences of having the goods delivered to your desired destination. Wines may be sold and delivered only to persons who are 21 years old. Sotheby’s Wine is not responsible for any damage or loss in shipping. For all wines that are collected from Sotheby’s Wine, all lots are sold in New York State and title passes to the buyer in New York State. All sales are subject to applicable taxes. All sales of spirits or liquor must be collected by the purchaser or the purchaser’s agent from our premises, as Sotheby’s does not ship spirits or liquor out of New York State. However, we can arrange shipments of spirits and liquor within New York State. Additionally, New York State sales tax is payable on the purchase price.
Shipping to Hong Kong Sotheby’s is delighted to offer consolidated shipping to Hong Kong in February, May, August and/or November based on the following arrangements:
• All invoices must be paid and complete delivery instructions, including final destination, must be received by forth-five (45) days before the departure date.
• Wines will be shipped by dedicated temperature-controlled ocean container to Crown Wine Cellars
• The Shipments will leave the United States in February, May, August and/or November and wines will arrive at Crown Wine Cellars in March, June, September and/or December. Please note these dates are subject to change and Sotheby’s will not guarantee arrival dates.
• Sotheby’s will not be responsible for local storage costs beyond thirty (30) days after the arrival or local delivery costs which must be paid directly to Crown Wine Cellars.
• Please note you may not ship partial invoices.
• Wines may be sold and delivered only to persons who are 18 years old or above.
Delivery outside of the United States Sotheby’s Wine will assist you in making arrangements for delivery of purchases outside of the United States, although Sotheby’s Wine shall not have any liability or responsibility for providing this information. The purchaser will be responsible for shipping and insurance expenses and obtaining appropriate licenses to import or export wines.
INFORMATION ON SALES AND USE TAX AND LIQUOR TAX RELATED TO PURCHASES AT AUCTION
To better assist our clients, we have prepared the following information on Sales and Use Tax related to property purchased at auction.
Why We Collect Sales Tax Virtually all State Sales Tax Laws require a corporation to register with the State’s Tax Authorities and collect and remit sales tax if the corporation either establishes or maintains physical or economic presence within the state. In the states that impose sales tax, Tax Laws require an auction house, with such presence in the state, to register as a sales tax collector, and remit sales tax collected to the state. New York sales tax is charged on the hammer price, buyer’s premium, overhead premium and any other applicable charges on any property picked up or delivered in New York, regardless of the state or country in which the purchaser resides or does business.
Where Sotheby’s Collects Sales Tax Sotheby’s is currently registered to collect sales tax in the following states: Alabama, Arizona, Arkansas, California, Colorado, Connecticut, District of Columbia, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Nebraska, Nevada,
New Jersey, New Mexico, New York, North Carolina, Ohio, Oklahoma, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, Wisconsin and Wyoming. For any property collected or received by the purchaser in New York City, such property is subject to sales tax at the existing New York State and City rate of 8.875%.
Where Sotheby’s Wine Collects Sales Tax Sotheby’s Wine is currently registered to collect applicable sales, excise and/or liquor tax in, and is only able to arrange shipment of wine property purchased at auction to, the following states: California, Connecticut, District of Columbia, Florida, Nebraska, New Hampshire, Nevada, New York, Oregon and Wyoming. If property is shipped to any one of these states by Sotheby's Wine, then Sotheby's Wine will collect and remit sales tax as required by such state's tax authority. For shipment to any other state, the purchaser is required to collect the purchased property in New York and arrange on their own behalf for shipping to such other state in accordance with the next section.
Sales Taxes, VAT and other Indirect Taxes on NFTS Please note that many jurisdictions will consider the sale of NFT’s to be the sale of digital property or goods or an Electronically Supplied Service subject to the buyers’ local indirect taxes. Sotheby’s will collect any applicable sales tax, compensating use tax, VAT, consumption tax, goods or services tax or other indirect taxes, luxury tax, excise tax, and duties or tariffs on the purchase of NFTs where and as required by applicable law. In most cases, such determination will be based on the billing address of the Buyer. For the lots that include physical objects associated with them, tax may be collected on those lots based on the physical delivery address and not billing address. Most states that impose sales taxes allow for specified exemptions to the tax. For example, a registered re-seller such as a registered art dealer may purchase without incurring a tax liability, and Sotheby’s is not required to collect sales tax from such re-seller. The art dealer, when re-selling the property, may be required to charge sales tax to its client, or the client may be required to self-assess sales or use tax upon acquiring the property. Sotheby’s is required to request a properly completed resale certificate to document that the purchase is for resale. If you wish to provide a resale certificate for your purchase, please contact our Post Sale Services team. The winning bidders will be provided with a declaration statement, which they will be required to complete to provide us with the billing address, and return to Sotheby’s, along with supporting documentation for that billing address, before an invoice can be issued.
Sotheby’s Arranged Shipping If the property is delivered into any state in which Sotheby’s is registered, Sotheby’s is required by law to collect and remit the appropriate sales tax in effect in the state where the property is delivered.
Client Arranged Shipping If the property is to be shipped by the purchaser, the purchaser must collect the purchased property in New York and arrange on their own behalf for shipping to such other state. Property collected from our New York premises by a common carrier hired by the purchaser for delivery at an address outside of New York is not subject to New York Sales Tax, but if the property is delivered into any state in which we are registered, we are required by law to collect and remit the appropriate sales tax in effect in the state where the property is delivered. New York State recognizes shippers such as the United States Postal Service, United Parcel Service, FedEx, or the like as “common carriers”. If a purchaser hires a shipper other than a common carrier to pick up property, we will collect New York sales tax at a rate of 8.875% regardless of the ultimate destination of the goods. If a purchaser utilizes a freight-forwarder who is registered with the Transportation Security Administration (“TSA”) to deliver property outside of the United States, no sales tax would be due on this transaction.
Where We are Not Required to Collect Sales Tax We are not required to collect sales tax on property delivered to states other than those listed above. If the property is delivered to a state where we are not required to collect sales tax, it is the responsibility of the purchaser to self-assess any sales or use tax and remit it to taxing authorities in that state. We are not required to collect sales tax for property delivered to the purchaser outside of the United States.
Restoration and Other Services Regardless of where the property is subsequently transported, if any framing or restoration services are performed on the property in New York, it is considered to be a delivery of the property to the purchaser in New York, and Sotheby’s will be required to collect the 8.875% New York sales tax.
Certain Exemptions Most states that impose sales taxes allow for specified exemptions to the tax. For example, a registered re-seller such as a registered art dealer may purchase without incurring a tax liability, and Sotheby’s is not required to collect sales tax from such re-seller. The art dealer, when re-selling the property, may be required to charge sales tax to its client, or the client may be required to self-assess sales or use tax upon acquiring the property. Similarly, a registered re-seller such as a registered liquor retailer with state-issued liquor license may purchase without incurring a tax liability, and Sotheby’s Wine is not required to collect sales tax from such re-seller. The liquor retailer, when re-selling the property, must have a liquor license and may be required to charge sales tax to its client, or the client may be required to self-assess sales or use tax upon acquiring the property.
Local Tax Advisors As sales tax laws vary from state to state, Sotheby’s recommends that clients with questions regarding the application of sales or use taxes to property purchased at auction seek tax advice from their local tax advisors.
IMPORTANT NOTICES
Property Collection All collections and deliveries for purchased property will be handled by Post Sale Services in coordination with purchasers after the auction. Invoices will be issued to the successful party, which will include total purchase price, payment options, and next steps on delivery. During this time, payment for property is still due as per the Conditions of Business for Buyers. Post Sale Services will be in touch for future collection scheduling or shipping arrangements.
Property Payment All property must be paid in full before collection or release from any of our or our vendor’s premises. Payment must be made through Sotheby’s New York Post Sale Services by way of our acceptable forms of payment methods mentioned on your invoice. To arrange for payment, please contact Post Sale Services at +1 212 606 7444 or USPostSaleServices@sothebys.com. Payment will not be accepted at any offsite facility. Dealers and resale clients should fill out the appropriate forms where applicable or contact Post Sale Services with any questions.
Loss and Liability Unless otherwise agreed by Sotheby’s, all sold property must be removed from any of our premises or our vendor’s premises by the buyer at their expense no later than 30 calendar days following the auction. Buyers are reminded that Sotheby’s liability for loss or damage to sold property shall cease no later than 30 calendar days after the date of
the auction.
Collection & Shipping All collections and deliveries for purchased property will be handled by Post Sale Services in coordination with purchasers after the auction.
For any in-person collections at any of our vendor’s premises, please alert Post Sale Services of your proposed collection date, ensure that all outstanding invoices have been paid for, and that you or your agent have the appropriate photo identification upon arrival.
If you are using your own shipper to collect property, please provide a letter of authorization and instruct your shipper to email their bill of lading to billsoflading@sothebys.com and ensure the correct collection location is specified.
Sotheby’s can arrange for delivery of your property through one of our contracted vendors or can coordinate pick up at our offsite location with you or your shipper directly. Please contact Post Sale Services at +1 212 606 7444 or USPostSaleServices @sothebys.com to start your collection process.
Important Notice Regarding Packing
As a courtesy to purchasers who come to Sotheby’s to pick up property, Sotheby’s will assist in packing framed paintings. Sotheby’s is unable to remove canvases off stretchers or to roll works on paper. Purchasers are advised to contact an independent painting restorer to pack works in this manner.
GLOSSARY OF TERMS
The following are examples of the terminology used in this catalogue. Please note that all statements made in this catalogue are made subject to the provisions of the Conditions of Business for Buyers:
Absence of Guarantee of Authenticity for Chinese Paintings
The artists’ names recorded in this catalogue are not to be taken as unqualified attributions to the artists named. No unqualified attributions to any artist or date are made or intended. The current scholarship in the field of Chinese paintings does not permit unqualified statements as to authorship or date of execution. Therefore, none of the paintings in this catalogue is subject to any guarantee of authenticity and all the property is sold “AS IS”. Any reference to the Terms of Guarantee does not apply to Chinese paintings. Any assistance given by Sotheby’s staff to a buyer in selecting a purchase is given without prejudice to the above. Buyers are recommended to take independent professional advice on selection of purchases.
Important Notice for Furniture
As virtually all property in this sale has been subject to use over a considerable period of time, no mention of age cracks, scratches, chips or other minor damages, imperfections or restorations will be made in the individual catalogue entries. Anyone having specific inquiries should check with the Furniture Department at + 1 212 606 7213.
Important Notice for Ceramics
The catalogue descriptions do not include a general indication of repair and damage, and this absence of any comment should not be interpreted as a guarantee of the condition of the lot. All lots are sold “AS IS” as set forth in paragraph 1 of the Conditions of Sale and prospective purchasers are advised that all lots should be viewed personally. Condition reports are available at sothebys.com. Any additional enquiries may be directed to the Ceramics Department at +1 212 606 7332.
GLOSSARY FOR CHINESE CERAMICS AND WORKS OF ART
Pottery Figure of a Horse, Tang Dynasty
This heading, with date or period included, means that the piece is, in our opinion, of the date or period indicated with no major alterations or replacements unless otherwise in dictated in the cataloguing. With respect to ceramics and sculpture, if, in our opinion, the piece was made at a specific kiln or location, the name of the kiln or location will appear in bold or capital letters, i.e., DING OVOID VASE, SONG DYNASTY. However, if the heading appears as follows, ‘DING’ OVOID VASE, SONG DYNASTY, this indicates that, in our opinion, the piece is of the Ding type or location, and although of the date specified, not necessarily made at the Ding kiln or location.
Pottery Figure of a Horse, Tang Style
This inclusion of the word “style” indicates that, in our opinion, either the piece (i) while basically of the period indicated, has undergone significant restoration or alteration, or (ii) was made as an intentional reproduction of an earlier style. Where a ceramic or work of art bears a signature or seal of an artist or studio, if the heading appears as follows:
By Ma Shaoxuan
This work is, in our best judgment, by the named artist.
Attributed to Ma Shaoxuan
In our opinion, probably a work by the artist but less certainty as to authorship is expressed than in the preceding category.
Signed Ma Shaoxuan
The piece bears the signature or seal of the artist or studio but with no firm attribution as to the hand.
GLOSSARY FOR CHINESE FURNITURE
With respect to Asian hardwoods, 22 terms ‘Huanghuali’, ‘Huali’ ‘Hongmu’ ‘Zitan’ and others appearing within single quotes in bold or capital letters in the heading are descriptive identifications based on appearance and are not intended to denote a specific species. Notwithstanding the above, if within five years of the sale of any lot, the buyer gives written notice to Sotheby’s that the lot sold is a forgery and if within three months after giving such notice, the buyer returns the lot in the same Condition as it was at the time of sale to the premises of Sotheby’s and demonstrates to the satisfaction of Sotheby’s that the lot sold is a forgery,
Sotheby’s is authorized to and will rescind the sale and refund the purchase price received by it. For this purpose, a ‘forgery’ is defined as a work created with intent to deceive.
Personal Check, Visa, Other, MasterCard, American Express, Wire Transfer, Money Order / Cashiers Check, COD (cash on delivery)
