SHANGHAI CONDITIONS OF SALE
BUYING AT CHRISTIE'S
CONDITIONS OF SALE
These Conditions of Sale and the Important Notices and Explanation of Cataloguing Practice set out
the terms on which Christie's Auction (Shanghai) Co., Ltd. Room A03, 5/F, 920 West Nanjing Road,
Jing'an District, Shanghai 200040, the People's Republic of China ("PRC") ("Christie's" or "we") offer
the lots listed in this catalogue for sale. By registering to bid and/or by bidding at auction you agree
to these terms, so you should read them carefully before doing so. You will find a glossary at the end
explaining the meaning of the words and expressions coloured in bold.
Unless we own a lot ( symbol), Christie's acts as agent for the seller.
A • BEFORE THE SALE
1 • DESCRIPTION OF LOTS
(a) Certain words used in the catalogue description have special meanings. You can find details
of these on the page headed "Important Notices and Explanation of Cataloguing Practice"
which forms part of these terms. You can find a key to the Symbols found next to certain
catalogue entries under the section of the catalogue called "Symbols Used in this Catalogue".
(b) Our description of any lot in the catalogue, any condition report and any other statement
made by us (whether orally or in writing) about any lot, including about its nature or
condition, artist, period, materials, approximate dimensions or provenance are our opinion
and not to be relied upon as a statement of fact. We do not carry out in-depth research of the
sort carried out by professional historians and scholars. All dimensions and weights are
approximate only.
2 • OUR RESPONSIBILITY FOR OUR DESCRIPTION OF LOTS
(c) We do not provide any guarantee in relation to the nature of a lot apart from our authenticity
warranty contained in paragraph E2 and to the extent provided in paragraph I below.
3 • CONDITION
(d) The condition of lots sold in our auctions can vary widely due to factors such as age, previous
damage, restoration, repair and wear and tear. Their nature means that they will rarely be in
perfect condition. Lots are sold "as is" in the condition they are in at the time of the sale,
without any representation or warranty or assumption of liability of any kind as to condition
by Christie's or by the seller.
(e) Any reference to condition in a catalogue entry or in a condition report will not amount to a
full description of condition, and images may not show a lot clearly. Colours and shades may
look different in print or on screen to how they look on physical inspection. Condition reports
may be available to help you evaluate the condition of a lot. Condition reports are provided
free of charge as a convenience to our buyers and are for guidance only. They offer our opinion
but they may not refer to all faults, inherent defects, restoration, alteration or adaptation
because our staff are not professional restorers or conservators. For that reason they are not
an alternative to examining a lot in person or taking your own professional advice. It is your
responsibility to ensure that you have requested, received and considered any condition
report.
4 • VIEWING LOTS PRE-AUCTION
(f) If you are planning to bid on a lot, you should inspect it personally or through a knowledgeable
representative before you make a bid to make sure that you accept the description and its
condition. We recommend you get your own advice from a restorer or other professional
adviser.
(a) Pre-auction viewings are open to the public free of charge. Our specialists may be available to
answer questions at pre-auction viewings or by appointment.
5 • ESTIMATES
Estimates are based on the condition, rarity, quality and provenance of the lots and on prices
recently paid at auction for similar property. Estimates can change. Neither you, nor anyone else, may
rely on any estimates as a prediction or guarantee of the actual selling price of a lot or its value for
any other purpose. Estimates do not include the buyer's premium or any applicable taxes. Estimates
may be shown in different currencies from that of the saleroom for guidance only. The rate of exchange
used in our printed catalogues is fixed at the latest practical date prior to the printing of the catalogue
and may have changed by the time of our sale.
6 • WITHDRAWAL
Christie's may, at its option, withdraw any lot at any time prior to or during the sale of the lot.
Christie's has no liability to you for any decision to withdraw.
7 • JEWELLERY
(a) Coloured gemstones (such as rubies, sapphires and emeralds) may have been treated to
improve their look, through methods such as heating and oiling. These methods are accepted
by the international jewellery trade but may make the gemstone less strong and/or require
special care over time.
(b) All types of gemstones may have been improved by some method. You may request a
gemmological report for any item which does not have a report if the request is made to us at
least three weeks before the date of the auction and you pay the fee for the report.
(c) We do not obtain a gemmological report for every gemstone sold in our auctions. Where we
do get gemmological reports from internationally accepted gemmological laboratories, such
reports will be described in the catalogue. Reports from American gemmological laboratories
will describe any improvement or treatment to the gemstone. Reports from European
gemmological laboratories will describe any improvement or treatment only if we request
that they do so, but will confirm when no improvement or treatment has been made. Because
of differences in approach and technology, laboratories may not agree whether a particular
gemstone has been treated, the amount of treatment or whether treatment is permanent. The
gemmological laboratories will only report on the improvements or treatments known to the
laboratories at the date of the report.
(d) For jewellery sales, estimates are based on the information in any gemmological report or, if
no report is available, assume that the gemstones may have been treated or enhanced.
8 • WATCHES & CLOCKS
(a) Almost all clocks and watches are repaired in their lifetime and may include parts which are
not original. We do not give a warranty that any individual component part of any watch or
clock is. Watchbands authentic described as "associated" are not part of the original watch
and may not be authentic. Clocks may be sold without pendulums, weights or keys.
(b) As collectors' watches and clocks often have very fine and complex mechanisms, a general
service, change of battery or further repair work may be necessary, for which you are
responsible. We do not give a warranty that any watch or clock is in good working order.
Certificates are not available unless described in the catalogue.
(c) Most watches have been opened to find out the type and quality of movement. For that reason,
watches with water resistant cases may not be waterproof and we recommend you have them
checked by a competent watchmaker before use.
(a) Important information about the sale, transport and shipping of watches and watchbands can
be found in paragraph H2(f).
B • REGISTERING TO BID
1 • NEW BIDDERS
(a) If this is your first time bidding at Christie's or you are a returning bidder who has not bought
anything from any of our salerooms within the last two years you must register at least 48
hours before an auction to give us enough time to process and approve your registration. We
may, at our option, decline to permit you to register as a bidder. You will be asked for the
following:
(i) for individuals: Photo identification (driving licence, national identity card or passport)
and, if not shown on the ID document, proof of your current address (for example, a
current utility bill or bank statement);
(ii) for corporate clients: Your Certificate of Incorporation, Business Licence or equivalent
document(s) showing your name and registered address together with documentary
proof of directors and beneficial owners (for PRC companies: Articles of Association or
Capital Verification Report including list of directors and beneficial owners); and copy
of photo ID for the authorised bidder together with a signed authorisation by the
company stamp for the authorised bidder to act on the company's behalf
(iii) for trusts, partnerships, offshore companies and other business structures, please
contact us in advance to discuss our requirements.
(b) We may also ask you to give us a financial reference and/or a deposit as a condition of allowing
you to bid. For help, please contact our Client Services Department on +86 (0) 21 6355 1766.
2 • RETURNING BIDDERS
We may at our option ask you for current identification as described in paragraph B1(a) above, a
financial reference or a deposit as a condition of allowing you to bid. If you have not bought anything
from any of our salerooms in the last two years or if you want to spend more than on previous
occasions, please contact our Bids Department on +86 (0) 21 6355 1766 or email to
[email protected].
3 • IF YOU FAIL TO PROVIDE THE RIGHT DOCUMENTS
If in our opinion you do not satisfy our bidder identification and registration procedures including,
but not limited to completing any anti-money laundering and/or anti-terrorism financing checks we
may require to our satisfaction, we may refuse to register you to bid, and if you make a successful bid,
we may cancel the contract for sale between you and the seller. Christie's may, at its option, specify
the type of photo identification it will accept, for the purposes of bidder identification and registration
procedures.
4 • BIDDING ON BEHALF OF ANOTHER PERSON
(a) As authorised bidder: If you are bidding on behalf of another person, that person will need
to complete the registration requirements above before you can bid, and supply a signed letter
authorising you to bid for him/her.
(b) As agent for an undisclosed principal: If you are bidding as an agent for an undisclosed
principal (the ultimate buyer(s)), you accept personal liability to pay the purchase price and
all other sums due. Further, you warrant that:
(i) you have conducted appropriate customer due diligence on the ultimate buyer(s) of
the lot(s) in accordance with any and all applicable anti-money laundering and
sanctions laws, consent to us relying on this due diligence, and you will retain for a
period of not less than 5 years the documentation and records evidencing the due
diligence;
(ii) you will make such documentation and records evidencing your due diligence
promptly available for immediate inspection by an independent third-party auditor
upon our written request to do so. We will not disclose such documentation and
records to any third-parties unless (1) it is already in the public domain, (2) it is
required to be disclosed by law, or (3) it is in accordance with anti-money laundering
laws;
(iii) the arrangements between you and the ultimate buyer(s) are not designed to facilitate
tax crimes;
(iv) you do not know, and have no reason to suspect, that the funds used for settlement are
connected with, the proceeds of any criminal activity or that the ultimate buyer(s) are
under investigation, charged with or convicted of money laundering, terrorist activities
or other money laundering predicate crimes.
A bidder accepts personal liability to pay the purchase price and all other sums due unless it has been
agreed in writing with Christie's before commencement of the auction that the bidder is acting as an
agent on behalf of a named third party acceptable to Christie's and that Christie's will only seek
payment from the named third party.
5 • BIDDING IN PERSON
If you wish to bid in the saleroom you must register for a numbered bidding paddle at least 30 minutes
before the auction. For help, please contact the Client Services Department on +86 (0) 21 6355 1766.
6 • BIDDING SERVICES
The bidding services described below are a free service offered as a convenience to our clients and
Christie's is not responsible for any error (human or otherwise), omission or breakdown in providing
these services.
(A) PHONE BIDS
Your request for this service must be made no later than 24 hours prior to the auction and may also
be made on the Christie's WeChat Mini Program. If a prospective buyer makes advance arrangements
with us prior to the commencement of the sale, our team of specially trained individuals who are not
employees or staff of Christie's Auction (Shanghai) Co. Ltd, ("Telephone Bidding Team") will use
reasonable efforts to contact that prospective buyer to enable them to participate in the bidding by
telephone but we do not accept liability for failure to do so or for failures in telecommunications links
or for errors and/or omissions arising in connection with telephone bidding. Telephone bids cannot
be accepted for lots estimated below RMB 30,000. We may record telephone bids. By bidding on the
telephone, you are agreeing to us recording your conversations. You also agree that your telephone
bids are governed by these Conditions of Sale.
(B) INTERNET BIDS ON CHRISTIE'S LIVE™
For certain auctions we will accept bids over the Internet. To learn more, please visit
https://www.christies.com/auctions/christies-live-on-mobile. You should register at least 24 hours
in advance of the sale in order to bid online with Christie's LIVETM. As well as these Conditions of Sale,
internet bids are governed by the Christie's LIVE™ terms of use which are available on is
https://www.christies.com/LiveBidding/OnlineTermsOfUse.aspx.
(C) WRITTEN BIDS
You can find a Written Bid Form at the back of our catalogues, at any Christie's office or by choosing
the sale and viewing the lots online at www.christies.com or on the Christie's WeChat Mini Program.
We must receive your completed Written Bid Form at least 24 hours before the auction. Bids must be
placed in the currency of the saleroom. The auctioneer will take reasonable steps to carry out written
bids at the lowest possible price, taking into account the reserve. If you make a written bid on a lot
which does not have a reserve and there is no higher bid than yours, we will bid on your behalf at
around 50% of the low estimate or, if lower, the amount of your bid. If we receive written bids on a
lot for identical amounts, and at the auction these are the highest bids on the lot, we will sell the lot
to the bidder whose written bid we received first. Execution of written bids is a free service
undertaken subject to other commitments at the time of the sale and we do not accept liability for
failing to execute a written bid or for errors and omissions in connection with it.
C • CONDUCTING THE SALE
1 • WHO CAN ENTER THE AUCTION
We may, at our option, refuse admission to our premises or decline to permit participation in any
auction or to reject any bid.
2 • RESERVES
Unless otherwise indicated, all lots are subject to a reserve. We identify lots that are offered without
reserve with the symbol • next to the lot number. The reserve cannot be more than the lot's low
estimate.
3 • AUCTIONEER'S DISCRETION
The auctioneer can at his sole option:
(a) refuse any bid;
(b) move the bidding backwards or forwards in any way he or she may decide, or change the order
of the lots;
(c) withdraw any lot;
(d) divide any lot or combine any two or more lots;
(e) reopen or continue the bidding even after the hammer has fallen; and
(f) in the case of error or dispute related to bidding and whether during or after the auction,
continue the bidding, determine the successful bidder, cancel the sale of the lot, or reoffer and
resell any lot. If you believe that the auctioneer has accepted the successful bid in error, you
must provide a written notice detailing your claim within 3 business days of the date of the
auction. The auctioneer will consider such claim in good faith. If the auctioneer, in the
exercise of his or her discretion under this paragraph, decides after the auction is complete,
to cancel the sale of a lot, or reoffer and resell a lot, he or she will notify the successful bidder
no later than by the end of the 7th calendar day following the date of the auction. The
auctioneer's decision in exercise of this discretion is final. This paragraph does not in any
way prejudice Christie's ability to cancel the sale of a lot under any other applicable provision
of these Conditions of Sale, including the rights of cancellation set forth in sections B(3),
E(2)(i), F(4), and J(1).
4 • BIDDING
The auctioneer accepts bids from:
(a) bidders in the saleroom;
(b) telephone bidders, and internet bidders through 'Christie's LIVE™ (as shown above in Section
B6); and
(c) written bids (also known as absentee bids or commission bids) left with us by a bidder before
the auction.
5 • NO RESERVE LOTS
If lots are offered without reserve, the auctioneer will generally decide to open the bidding at 50%
of the low estimate for the lot. If no bid is made at that level, the auctioneer may decide to go
backwards at his or her sole option until a bid is made, and then continue up from that amount. In the
event that there are no bids on a lot, the auctioneer may deem such lot unsold.
6 • BID INCREMENTS
Bidding generally starts below the low estimate and increases in steps (bid increments). The
auctioneer will decide at his or her sole option where the bidding should start and the bid increments.
7 • CURRENCY CONVERTER
The saleroom video screens, Christies LIVE™ and Christie's website may show bids in some other
major currencies from that of the saleroom. Any conversion is for guidance only and we cannot be
bound by any rate of exchange used by Christie's. Christie's is not responsible for any error (human
or otherwise), omission or breakdown in providing these services.
8 • SUCCESSFUL BIDS
Unless the auctioneer decides to use his or her discretion as set out in paragraph C3 above, when the
auctioneer's hammer strikes, we have accepted the last bid. This means a contract for sale has been
formed between the seller and the successful bidder. We will issue an invoice only to the registered
bidder who made the successful bid. Immediately following the sale, the buyer must sign a
confirmation letter providing us with his or her name and permanent address, collection and shipping
preferences and, if so requested, details of the bank from which payment will be made. If you have bid
by written bid, you should contact us by telephone or in person as soon as possible after the auction
to get details of the outcome of your bid to avoid having to pay unnecessary storage charges.
9 • LOCAL BIDDING LAWS
You agree that when bidding in any of our sales that you will strictly comply with all local laws and
regulations in force at the time of the sale for the relevant sale site.
D • THE BUYER'S PREMIUM, TAXES
1 • THE BUYER'S PREMIUM
In addition to the hammer price, the successful bidder agrees to pay us a buyer's premium on the
hammer price of each lot sold. The buyer's premium rate shall be an amount equal to 26% of the
hammer price of each lot up to and including RMB6,000,000, 20% on any amount over
RMB6,000,000 up to and including RMB40,000,000 and 14.5% of the amount above RMB40,000,000.
2 • TAXES
The successful bidder is responsible for any applicable tax including any VAT, sales or compensating
use tax or equivalent tax wherever such taxes may arise on the hammer price and the buyer's
premium. It is the buyer's responsibility to ascertain and pay all taxes due. In all circumstances PRC
law takes precedence. PRC law imposes a 6% VAT on the buyer's premium. Christie's recommends
you obtain your own independent tax advice. Christie's reminds all buyers that pursuant to the current
local tax regulations and directives, Christie's can only issue value-added tax invoice based on the
buyer's premium. Christie's and the seller will not issue any other tax invoice. Under the current
policy and regulation, no value-added tax refund is available to any overseas buyer.
For lots Christie's ships to the United States, a state sales or use tax may be due on the hammer price,
buyer's premium and/or any other charges related to the lot, regardless of the nationality or
citizenship of the purchaser. Christie's will collect sales tax where legally required. The applicable
sales tax rate will be determined based upon the state, county, or locale to which the lot will be shipped.
Successful bidders claiming an exemption from sales tax must provide appropriate documentation to
Christie's prior to the release of the lot. For shipments to those states for which Christie's is not
required to collect sales tax, a successful bidder may be required to remit use tax to that state's taxing
authorities. Christie's recommends you obtain your own independent tax advice with further
questions.
E • WARRANTIES
1 • SELLER'S WARRANTIES
For each lot, the seller gives a warranty that the seller:
(a) is the owner of the lot or a joint owner of the lot acting with the permission of the other coowners or, if the seller is not the owner or a joint owner of the lot, has the permission of the
owner to sell the lot, or the right to do so in law; and
(b) has the right to transfer ownership of the lot to the buyer without any restrictions or claims
by anyone else.
If either of the above warranties are incorrect, the seller shall not have to pay more than the purchase
price (as defined in paragraph F1(a) below) paid by you to us. The seller will not be responsible to
you for any reason for loss of profits or business, expected savings, loss of opportunity or interest,
costs, damages, other damages or expenses. The seller gives no warranty in relation to any lot other
than as set out above and, as far as the seller is allowed by law, all warranties from the seller to you,
and all other obligations upon the seller which may be added to this agreement by law, are excluded.
2 • OUR AUTHENTICITY WARRANTY
We warrant, subject to the terms below, that the lots in our sales are authentic (our "authenticity
warranty"). If, within 5 years of the date of the auction, you give notice to us that your lot is not
authentic, subject to the terms below, we will refund the purchase price paid by you. The meaning
of authentic can be found in the glossary at the end of these Conditions of Sale. The terms of the
authenticity warranty are as follows:
(a) It will be honoured for claims notified within a period of 5 years from the date of the auction.
After such time, we will not be obligated to honour the authenticity warranty.
(b) It is given only for information shown in UPPERCASE type in the first line of the catalogue
description (the "Heading"). It does not apply to any information other than in the Heading
even if shown in UPPERCASE type.
(c) The authenticity warranty does not apply to any Heading or part of a Heading which is
qualified. Qualified means limited by a clarification in a lot's catalogue description or by the
use in a Heading of one of the terms listed in the section titled Qualified Headings on the
page of the catalogue headed "Important Notices and Explanation of Cataloguing Practice".
For example, use of the term "ATTRIBUTED TO…" in a Heading means that the lot is in
Christie's opinion probably a work by the named artist but no warranty is provided that the
lot is the work of the named artist. Please read the full list of Qualified Headings and a lot's
full catalogue description before bidding.
(d) The authenticity warranty applies to the Heading as amended by any saleroom notice.
(e) The authenticity warranty does not apply where scholarship has developed since the
auction leading to a change in generally accepted opinion. Further, it does not apply if the
Heading either matched the generally accepted opinion of experts at the date of the sale or
drew attention to any conflict of opinion.
(f) The authenticity warranty does not apply if the lot can only be shown not to be authentic
by a scientific process which, on the date we published the catalogue, was not available or
generally accepted for use, or which was unreasonably expensive or impractical, or which was
likely to have damaged the lot.
(g) The benefit of the authenticity warranty is only available to the original buyer shown on the
invoice for the lot issued at the time of the sale and only if the original buyer is the full owner
of the lot and the lot is free from any claim, interest or restriction by anyone else. The benefit
of the authenticity warranty may not be transferred to anyone else.
(h) In order to claim under the authenticity warranty you must:
(i) give us written notice of your claim within 5 years of the date of the auction. We may
require full details and supporting evidence of any such claim;
(ii) at Christie's option, we may require you to provide the written opinions of two
recognised experts in the field of the lot mutually agreed by you and us in advance
confirming that the lot is not authentic. If we have any doubts, we reserve the right
to obtain additional opinions at our expense; and
(iii) return the lot at your expense to the saleroom from which you bought it in the
condition it was in at the time of sale.
(i) Your only right under this authenticity warranty is to cancel the sale and receive a refund of
the purchase price paid by you to us. We will not, in any circumstances, be required to pay
you more than the purchase price nor will we be liable for any loss of profits or business, loss
of opportunity or value, expected savings or interest, costs, damages, other damages or
expenses.
(j) Books. Where the lot is a book, we give an additional warranty for 14 days from the date of
the sale that if on collation any lot is defective in text or illustration, we will refund your
purchase price, subject to the following terms:
(a) This additional warranty does not apply to:
(i) the absence of blanks, half titles, tissue guards or advertisements, damage in
respect of bindings, stains, spotting, marginal tears or other defects not
affecting completeness of the text or illustration;
(ii) drawings, autographs, letters or manuscripts, signed photographs, music,
atlases, maps or periodicals;
(iii) books not identified by title;
(iv) lots sold without a printed estimate;
(v) books which are described in the catalogue as sold not subject to return; or
(vi) defects stated in any condition report or announced at the time of sale.
(b) To make a claim under this paragraph you must give written details of the defect and
return the lot to the sale room at which you bought it in the same condition as at the
time of sale, within 14 days of the date of the sale.
(k) South East Asian Modern and Contemporary Art and Chinese Calligraphy and Painting.
In these categories, the authenticity warranty does not apply because current scholarship
does not permit the making of definitive statements. Christie's does, however, agree to cancel
a sale in either of these two categories of art where it has been proven the lot is a forgery.
Christie's will refund to the original buyer the purchase price in accordance with the terms
of Christie's authenticity warranty, provided that the original buyer gives us written notice
of the claim within twelve (12) months of the date of the auction. We may require full details
and supporting evidence of any such claim. Such evidence must be satisfactory to us that the
lot is a forgery in accordance with paragraph E2(h)(ii) above and the lot must be returned to
us in accordance with E2h(iii) above. Paragraphs E2(b), (c), (d), (e), (f) and (g) and (i) also
apply to a claim under these categories.
(l) Chinese, Japanese and Korean artefacts (excluding Chinese, Japanese and Korean
calligraphy, paintings, prints, drawings and jewellery).
In these categories, paragraph E2(b)-(e) above shall be amended so that where no maker or
artist is identified, the authenticity warranty is given not only for the Heading but also for
information regarding date or period shown in UPPERCASE type in the second line of the
catalogue description (the "Subheading"). Accordingly, all references to the Heading in
paragraph E2(b)-(e) above shall be read as references to both the Heading and the
Subheading.
F • PAYMENT
1 • HOW TO PAY
(a) Immediately following the auction, you must pay the purchase price being:
(i) the hammer price; and
(ii) the buyer's premium; and
(iii) any duties, goods, sales, use, compensating or service tax.
Payment is due no later than 4:30pm on the 7th calendar day following the date of the auction
(the "due date").
(b) We will only accept payment from the registered bidder. Once issued, we cannot change the
buyer's name on an invoice or re-issue the invoice in a different name. You must pay
immediately even if you want to export the lot and you need an export licence.
(c) You must pay for lots bought at Christie's in PRC in the currency stated on the invoice in one
of the following ways (however, if you do not have a RMB bank account in PRC, you can only
pay in HKD, USD, EURO or GBP due to SAFE regulations. In those circumstances, paragraph
F1(f) below applies):
(i) Wire transfer
You must make payments to:
Bank name: BANK OF CHINA
Bank's sub-branch name
BANK OF CHINA
SHANGHAI BRANCH CHANG PING ROAD SUB-BRANCH
Account No.: 440364283808
Account Name: Christie's Auction (Shanghai) Co., Ltd
SWIFT: BKCHCNBJ300
(ii) Credit Card
We accept most major credit cards subject to certain conditions. We accept payments in
person by credit card up to RMB 1,000,000 per auction sale although conditions and
restrictions apply. China Union Pay is accepted with no limits on amounts. Details of the
conditions and restrictions applicable to credit card payments are available from our PostSale Services Department, whose details are set out in paragraph (d) below.
(iii) Cash
We accept cash subject to a maximum of RMB 60,000 per buyer per year at our Post-Sale
Services Department only (subject to conditions).
(iv) Cheque, Banker's draft and Traveller's check are not accepted.
(d) You must quote the sale number, your invoice number and client number when making a
payment.
(e) For more information please contact our Post-Sale Services Department by phone on +86 (0)
21 6355 1766.
(f) If the payment made to Christie's is in a currency other than RMB, we shall charge the buyer
for any currency costs incurred. This will include bank charges and commissions for
converting the currency. The exchange rate for payment to Christie's in a currency other than
RMB will be the rate for RMB quoted to Christie's by The Bank of China on the date of payment.
Christie's certificate as to such rate will be conclusive. Please note that Christie's will not
accept payments for purchased Lots from any party other than the registered, successful
bidder who bought the Lot.
2 • TRANSFERRING OWNERSHIP TO YOU
You will not own the lot and ownership of the lot will not pass to you until we have received full and
clear payment of the purchase price, even in circumstances where we have released the lot to the
buyer.
3 • TRANSFERRING RISK TO YOU
The risk in and responsibility for the lot will transfer to you from whichever is the earlier of the
following:
(a) When you collect the lot; or
(b) At the end of the 30th day following the date of the auction or, if earlier, the date the lot is
taken into care by a third party warehouse as set out on the page headed ''Storage and
Collection'' unless we have agreed otherwise with you in writing.
4 • WHAT HAPPENS IF YOU DO NOT PAY
(a) If you fail to pay us the purchase price in full by the due date, we will be entitled to do one
or more of the following (as well as enforce our rights under paragraph F5 and any other
rights or remedies we have by law):
(i) to charge interest from the due date at a rate of 7% a year above the 3-month HIBOR
rate from time to time on the unpaid amount due;
(ii) we can cancel the sale of the lot. If we do this, we may sell the lot again, publically or
privately on such terms we shall think necessary or appropriate, in which case you
must pay us any shortfall between the purchase price and the proceeds from the
resale. You must also pay all costs, expenses, losses, damages and legal fees we have
to pay or may suffer and any shortfall in the seller's commission on the resale;
(iii) we can pay the seller an amount up to the net proceeds payable in respect of the
amount bid by your default in which case you acknowledge and understand that
Christie's will have all of the rights of the seller to pursue you for such amounts;
(iv) we can hold you legally responsible for the purchase price and may begin legal
proceedings to recover it together with other losses, interest, legal fees and costs as
far as we are allowed by law;
(v) we can take what you owe us from any amounts which we or any company in the
Christie's Group may owe you (including any deposit or other part-payment which
you have paid to us);
(vi) we can, at our option, reveal your identity and contact details to the seller;
(vii) we can reject at any future auction any bids made by you or on your behalf or to obtain
a deposit from you before accepting any bids;
(viii) to exercise all the rights and remedies of a person holding security over any property
in our possession owned by you (including without limitation any lots you purchased
at Christie's which has been fully or partially paid by you), whether by way of pledge,
security interest or in any other way as permitted by the law of the place where such
property is located. You will be deemed to have granted such security to us and we
may retain such property as collateral security for your obligations to us; and
(ix) we can take any other action we see necessary or appropriate.
(b) If you owe money to us or to another Christie's Group company, we can use any amount you
do pay, including any deposit or other part-payment you have made to us, or which we owe
you, to pay off any amount you owe to us or another Christie's Group company for any
transaction.
(c) If you make payment in full after the due date, and we choose to accept such payment we may
charge you storage and transport costs from the date that is 31 calendar days following the
auction in accordance with paragraphs Gd(i) and (ii). In such circumstances paragraph Gd(iv)
shall apply.
5 • KEEPING YOUR PROPERTY
If you owe money to us or to another Christie's Group company, as well as the rights set out in F4
above, we can use or deal with any of your property we hold or which is held by another Christie's
Group company in any way we are allowed to by law. We will only release your property to you after
you pay us or the relevant Christie's Group company in full for what you owe. However, if we choose,
we can also sell your property in any way we think appropriate. We will use the proceeds of the sale
against any amounts you owe us and we will pay any amount left from that sale to you. If there is a
shortfall, you must pay us any difference between the amount we have received from the sale and the
amount you owe us.
G • COLLECTION AND STORAGE
(a) We ask that you collect purchased lots promptly following the auction (but note that you
may not collect any lot until you have made full and clear payment of all amounts due
to us).
(b) For information on collecting lots, please contact Christie's Post-Sale Services Department on
+86 (0) 21 6355 1766 / Email:
[email protected].
(c) If you do not collect any lot promptly following the auction we can, at our option, remove the
lot to another Christie's location or an affiliate or third party warehouse.
(d) If you do not collect a lot by the end of the 30th day following the date of the auction, unless
otherwise agreed in writing:
(i) we will charge you storage costs from that date.
(ii) we can, at our option, move the lot to or within an affiliate or third party warehouse
and charge you transport costs and handling fees for doing so.
(iii) we may sell the lot in any commercially reasonable way we think appropriate.
(iv) the storage terms which can be found at www.christies.com/storage shall apply.
(v) nothing in this paragraph is intended to limit our rights under paragraph F4.
H • TRANSPORT AND SHIPPING
1 • TRANSPORT AND SHIPPING
We will enclose a transport and shipping form with each invoice sent to you. You must make all
transport and shipping arrangements. However, we can arrange to pack, transport and ship your
property locally if you ask us to and pay the costs of doing so. We recommend that you ask us for an
estimate, especially for any large items or items of high value that need professional packing before
you bid. We may also suggest other handlers, packers, transporters or experts if you ask us to do so.
After payment has been made in full, Christie's can arrange customs clearance for overseas sourced
lots identified by the ? symbol next to the lot number which a buyer wishes to import into the PRC.
For more information, please contact Christie's Post-Sale Services Department on+86 (0) 21 6355
1766 or email to
[email protected]. We will take reasonable care when we are handling,
packing, transporting and shipping a lot. However, if we recommend another company for any of these
purposes, we are not responsible for their acts, failure to act or neglect.
2 • EXPORT AND IMPORT
Any lot sold at auction may be affected by laws on exports from the country in which it is sold and the
import restrictions of other countries. Many countries require a declaration of export for property
leaving the country and/or an import declaration on entry of property into the country. Local laws
may prevent you from importing a lot or may prevent you selling a lot in the country you import it
into.
We will not be obliged to cancel your purchase and refund the purchase price if your lot may not be
exported, imported or it is seized for any reason by a government authority. It is your responsibility
to determine and satisfy the requirements of any applicable laws or regulations relating to the export
or import of any lot you purchase.
(a) You alone are responsible for getting advice about and meeting the requirements of any laws
or regulations which apply to exporting or importing any lot prior to bidding. If you are
refused a licence or there is a delay in getting one, you must still pay us in full for the lot. We
may be able to help you apply for the appropriate licences if you ask us to and pay our fee for
doing so. However, we cannot guarantee that you will get one. For more information, please
contact Christie's Post-Sale Services Department on +86 (0) 21 6355 1766 or email to
[email protected].
(b) Lots made of protected species
Lots made of or including (regardless of the percentage) endangered and other protected
species of wildlife are marked with the symbol ~ in the catalogue. This material includes,
among other things, ivory, tortoiseshell, crocodile skin, rhinoceros horn, whalebone certain
species of coral and certain species of plants such as Dalbergia wood (also known as rosewood)
and Pterocarpus wood (also known as Zitan). You should check the relevant customs laws and
regulations before bidding on any lot containing wildlife material if you plan to import the lot
into another country. Several countries refuse to allow you to import property containing
these materials, and some other countries require a licence from the relevant regulatory
agencies in the countries of exportation as well as importation. In some cases, the lot can only
be shipped with an independent scientific confirmation of species and/or age and you will
need to obtain these at your own cost. If a lot contains elephant ivory, or any other wildlife
material that could be confused with elephant ivory, (for example, mammoth ivory, walrus
ivory, helmeted hornbill ivory) please see further important information in paragraph (c) if
you are proposing to import the lot into the USA. We will not be obliged to cancel your
purchase and refund the purchase price if your lot may not be exported, imported or it is
seized for any reason by a government authority. It is your responsibility to determine and
satisfy the requirements of any applicable laws or regulations relating to the export or import
of property containing such protected or regulated material.
(c) US import ban on African elephant ivory
The USA prohibits the import of ivory from the African elephant. Any lot containing elephant
ivory or other wildlife material that could be easily confused with elephant ivory (for example,
mammoth ivory, walrus ivory, helmeted hornbill ivory) can only be imported into the US with
results of a rigorous scientific test acceptable to Fish & Wildlife, which confirms that the
material is not African elephant ivory. Where we have conducted such rigorous scientific
testing on a lot prior to sale, we will make this clear in the lot description. In all other cases,
we cannot confirm whether a lot contains African elephant ivory, and you will buy that lot at
your own risk and be responsible for any scientific test or other reports required for import
into the USA at your own cost. If such scientific test is inconclusive or confirms the material is
from the African elephant, we will not be obliged to cancel your purchase and refund the
purchase price.
(d) Lots of Iranian origin
Some countries prohibit or restrict the purchase and/or import of Iranian-origin "works of
conventional craftsmanship" (works that are not by a recognized artist and/or that have a
function, for example: carpets, bowls, ewers, tiles, ornamental boxes). For example, the USA
prohibits the import of this type of property and its purchase by US persons (wherever
located). Other countries, such as Canada, only permit the import of this property in certain
circumstances. As a convenience to buyers, Christie's indicates under the title of a lot if the lot
originates from Iran (Persia). It is your responsibility to ensure you do not bid on or import a
lot in contravention of the sanctions or trade embargoes that apply to you.
(e) Gold
Gold of less than 18ct does not qualify in all countries as 'gold' and may be refused import into
those countries as 'gold'.
(f) Watches
Many of the watches offered for sale in this catalogue are pictured with straps made of
endangered or protected animal materials such as alligator or crocodile. These lots are
marked with the symbol ? in the catalogue. These endangered species straps are shown for
display purposes only and are not for sale. Christie's will remove and retain the strap prior to
shipment from the sale site. At some sale sites, Christie's may, at its discretion, make the
displayed endangered species strap available to the buyer of the lot free of charge if collected
in person from the sale site within 1 year of the date of the sale. Please check with the
department for details on a particular lot.
For all symbols and other markings referred to in paragraph H2, please note that lots are marked as
a convenience to you, but we do not accept liability for errors or for failing to mark lots.
I • OUR LIABILITY TO YOU
(a) We give no warranty in relation to any statement made, or information given, by us or our
representatives or employees, about any lot other than as set out in the authenticity
warranty and, as far as we are allowed by law, all warranties and other terms which may be
added to this agreement by law are excluded. The seller's warranties contained in paragraph
E1 are their own and we do not have any liability to you in relation to those warranties.
(b)
(i) We are not responsible to you for any reason (whether for breaking this agreement
or any other matter relating to your purchase of, or bid for, any lot) other than in the
event of fraud or fraudulent misrepresentation by us or other than as expressly set
out in these conditions of sale; and
(ii) We do not give any representation, warranty or guarantee or assume any liability of
any kind in respect of any lot with regard to merchantability, fitness for a particular
purpose, description, size, quality, condition, attribution, authenticity, rarity,
importance, medium, provenance, exhibition history, literature, or historical
relevance. Except as required by local law, any warranty of any kind is excluded by
this paragraph.
(c) In particular, please be aware that our written and telephone bidding services, Christie's
LIVE™, condition reports, currency converter and saleroom video screens are free services
and we are not responsible to you for any error (human or otherwise), omission, breakdown,
or delay, unavailability, suspension or termination of any of these services.
(d) We have no responsibility to any person other than a buyer in connection with the purchase
of any lot.
(e) If, in spite of the terms in paragraphs (a) to (d) or E2(i) above, we are found to be liable to you
for any reason, we shall not have to pay more than the purchase price paid by you to us. We
will not be responsible to you for any reason for loss of profits or business, loss of opportunity
or value, expected savings or interest, costs, damages, or expenses.
J • OTHER TERMS
1 • OUR ABILITY TO CANCEL
In addition to the other rights of cancellation contained in this agreement, we can cancel a sale of a lot
if we reasonably believe that completing the transaction is, or may be, unlawful or that the sale places
us or the seller under any liability to anyone else or may damage our reputation.
2 • RECORDINGS
We may videotape and record proceedings at any auction. We will keep any personal information
confidential, except to the extent disclosure is required by law. However, we may, through this process,
use or share these recordings with another Christie's Group company and marketing partners to
analyse our customers and to help us to tailor our services for buyers. If you do not want to be
videotaped, you may make arrangements to make a telephone or written bid or bid on Christie's LIVE™
instead. Unless we agree otherwise in writing, you may not videotape or record proceedings at any
auction.
3 • COPYRIGHT
We own the copyright in all images, illustrations and written material produced by or for us relating
to a lot (including the contents of our catalogues unless otherwise noted in the catalogue). You cannot
use them without our prior written permission. We do not offer any guarantee that you will gain any
copyright or other reproduction rights to the lot.
4 • ENFORCING THIS AGREEMENT
If a court finds that any part of this agreement is not valid or is illegal or impossible to enforce, that
part of the agreement will be treated as being deleted and the rest of this agreement will not be
affected.
5 • TRANSFERRING YOUR RIGHTS AND RESPONSIBILITIES
You may not grant a security over or transfer your rights or responsibilities under these terms on the
contract of sale with the buyer unless we have given our written permission. This agreement will be
binding on your successors or estate and anyone who takes over your rights and responsibilities.
6 • PERSONAL INFORMATION
We will hold and process your personal information and may pass it to another Christie's Group
company for use as described in, and in line with, our privacy policy at www.christies.com. If you are
a resident of California you can see a copy of our California Consumer Privacy Act statement at
https://www.christies.com/about-us/contact/ccpa.
7 • WAIVER
No failure or delay to exercise any right or remedy provided under these Conditions of Sale shall
constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further
exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall
prevent or restrict the further exercise of that or any other right or remedy.
8 • LAW AND DISPUTES
The rights and obligations of the parties with respect to these Conditions of Sale, the conduct of the
auction and any matters connected with any of the foregoing shall be governed and interpreted by the
laws of the People's Republic of China. By bidding at auction, whether present in person or by agent,
by written bid, telephone or other means, the buyer shall be deemed to have accepted these Conditions.
The parties to these Conditions of Sale agree that any disputes, controversies or claims relating to
these Conditions of Sale and the "Important Notices and Explanation of Cataloguing Practice" and
"Buying at Christie's"sections of this catalogue, will be submitted to the China International Economic
and Trade Arbitration Commission (CIETAC) for arbitration which shall be conducted in accordance
with CIETAC's arbitration rules in effect on the date of the referral notice subject to paragraphs (i) to
(v) below.
(i) The arbitral tribunal will be composed of three arbitrators. Each of us will nominate one
arbitrator. If either of us fails to nominate an arbitrator within the time period provided in the
CIETAC arbitration rules, the Chairman of CIETAC will appoint that arbitrator. The third
arbitrator, who will act as the presiding arbitrator, will be nominated jointly by the two
arbitrators which have already been appointed following the procedure described above. The
parties are free to appoint any arbitrator outside of the CIETAC panel of arbitrators including
for the joint nomination of the presiding arbitrator.
(ii) The place of arbitration will be Beijing and the place of oral hearing will be Shanghai.
(iii) The language of arbitration will be Chinese (unless you and we agree otherwise).
(iv) The arbitral award will be final and binding upon both you and us.
(v) The losing party will bear all the arbitration fees and expenses, and will also reimburse the
winning party for its reasonable costs and expenses incurred for the arbitration (including
but not limited to the legal fees and travel expenses).
9 • REPORTING ON WWW.CHRISTIES.COM
Details of all lots sold by us, including catalogue descriptions and prices, may be reported on
www.christies.com. Sales totals are hammer price plus buyer's premium and do not reflect costs,
financing fees, or application of buyer's or seller's credits. We regret that we cannot agree to requests
to remove these details from www.christies.com.
10 • NOTICES
Bidders, buyers and sellers will notify Christie's of their contact details and must give Christie's
written notification of any changes in their contact details. Any notice or other written communication,
including without limitation any notice of arbitration will be deemed to be received by the receiving
party if it is delivered, (i) in the case of Christie's, to the address specified at the beginning of these
Conditions; and (ii) in the case of all other parties, to the addresses notified to Christie's in writing or
other known addresses of those parties.
11 • LANGUAGE
These Conditions of Sale are written in Chinese and the English version is for reference only. The
original Chinese version will be the one we use in deciding any issues which arise.
K • GLOSSARY
auctioneer : the individual auctioneer and/or Christie's.
authentic : a genuine example, rather than a copy or forgery of:
(i) the work of a particular artist, author or manufacturer, if the lot is described in the Heading
as the work of that artist, author or manufacturer;
(ii) a work created within a particular period or culture, if the lot is described in the Heading as
a work created during that period or culture;
(iii) a work for a particular origin source if the lot is described in the Heading as being of that
origin or source; or
(iv) in the case of gems, a work which is made of a particular material, if the lot is described in the
Heading as being made of that material.
authenticity warranty : the guarantee we give in this agreement that a lot is authentic as set out in
section E2 of this agreement.
buyer's premium : the charge the buyer pays us along with the hammer price.
catalogue description : the description of a lot in the catalogue for the auction, as amended by any
saleroom notice.
Christie's Group : Christie's International Plc, its subsidiaries and other companies within its
corporate group.
condition : the physical condition of a lot.
due date : has the meaning given to it paragraph F1(a).
estimate : the price range included in the catalogue or any saleroom notice within which we believe
a lot may sell. Low estimate means the lower figure in the range and high estimate means the higher
figure. The mid estimate is the midpoint between the two.
hammer price : the amount of the highest bid the auctioneer accepts for the sale of a lot.
Heading : has the meaning given to it in paragraph E2.
lot : an item to be offered at auction (or two or more items to be offered at auction as a group).
other damages : any special, consequential, incidental or indirect damages of any kind or any
damages which fall within the meaning of 'special', 'incidental' or 'consequential' under local law.
purchase price : has the meaning given to it in paragraph F1(a).
provenance : the ownership history of a lot.
qualified : has the meaning given to it in paragraph E2 and Qualified Headings means the section
headed Qualified Headings on the page of the catalogue headed 'Important Notices and Explanation
of Cataloguing Practice'.
reserve : the confidential amount below which we will not sell a lot.
saleroom notice : a written notice posted next to the lot in the saleroom and on www.christies.com,
which is also read to prospective telephone bidders and notified to clients who have left commission
bids, or an announcement made by the auctioneer either at the beginning of the sale, or before a
particular lot is auctioned.
UPPERCASE type : means having all capital letters.
warranty : a statement or representation in which the person making it guarantees that the facts set
out in it are correct.
SYMBOLS USED IN THIS CATALOGUE
The meaning of words coloured in bold in this section can be found at the end of the section of the
catalogue headed 'Conditions of Sale • Buying at Christie's'
? Owned by a Christie's Group company (other than Christie's Auction (Shanghai) Co. Ltd.) in whole
or part. See Important Notices and Explanation of Cataloguing Practice.
• Lot offered without reserve which will be sold to the highest bidder regardless of the pre-sale
estimate in the catalogue.
? Property which has been sourced from overseas and is temporarily imported into China under
"bond".
~ Lot incorporates material from endangered species which could result in export restrictions. See
Section H2(b) of the Conditions of Sale • Buying at Christie's.
? Lot incorporates material from endangered species that is not for sale and is shown for display
purposes only.
Please note that lots are marked as a convenience to you and we shall not be liable for any errors in,
or failure to, mark a lot.
IMPORTANT NOTICES AND EXPLANATION OF CATALOGUING
PRACTICE
IMPORTANT NOTICES
CHRISTIE'S INTEREST IN PROPERTY CONSIGNED FOR AUCTION
?: Property Owned in part or in full by Christie's
From time to time, Christie's may offer a lot which is owned in whole or in part by a Christie's Group
company (excluding Christie's Auction (Shanghai) Co. Ltd.). Such property is identified in the
catalogue with the symbol ? next to its lot number.
Property which has been sourced from overseas is identified in the catalogue with the symbol? next
to the lot number. When auctioned, such property will remain under "bond" with the applicable
import customs duty and taxes being deferred unless and until the property is brought into free
circulation in the PRC. Prospective buyers are reminded that after paying for such lots in full and
cleared funds, if they wish to import the lots into the PRC, they will be responsible for and will have
to pay the applicable import customs duties and taxes. The rates of import customs duty and tax are
based on the value of the goods and the relevant customs regulations and classifications in force at the
time of import. As a convenience and guidance to our bidders we set out in the Collection and Delivery
page at the back of the catalogue, the possible ranges of import customs duties and taxes for import
into the PRC. The final amounts will be determined by PRC Customs and other competent authorities
at the time of import. Neither Christie's nor the seller warrants or guarantees the accuracy of this
information and we are not responsible in any way for any errors or omissions. Potential buyers are
responsible for satisfying themselves as to the amount of import customs duty and tax payable for lots
which they buy and intend to import into the PRC and for paying all such import customs duties and
taxes when they become due. Christie's (and our appointed storage providers) are unable to release
bought lots unless and until all applicable import customs duties and taxes have been paid in full and
cleared funds.
Post-catalogue notifications
To the extent permitted by law, in certain circumstances, after the catalogue has been published,
Christie's may enter into an arrangement or become aware of bidding that would have required a
catalogue symbol. In those instances, a pre-sale or pre-lot announcement will be made.
EXPLANATION OF CATALOGUING PRACTICE
Terms used in this catalogue or lot description have the meanings ascribed to them below. Please note
that all statements in this catalogue or lot description as to authorship, period, reign or dynasty are
made subject to the provisions of the Conditions of Sale, including the authenticity warranty. Our
use of these expressions does not take account of the condition of the lot or of the extent of any
restoration. Buyers are advised to inspect the property themselves. Written condition reports are
usually available on request.
A term and its definition listed under 'Qualified Headings' is a qualified statement as to authorship,
period, reign or dynasty. While the use of this term is based upon careful study and represents the
opinion of specialists, Christie's and the consignor assume no risk, liability and responsibility for the
authenticity of authorship or of the lot being created in certain period, reign or dynasty of any lot in
this catalogue described by this term, and the authenticity warranty shall not be available with
respect to lots described using this term.
Discrepancy in the layout of information may appear between the catalogue description in English and
its Chinese translation. We will use the English version of the catalogue description in deciding any
issue or disputes which arise under the authenticity warranty or the 'Qualified Headings'.
PICTURES, DRAWINGS, PRINTS, AND MINIATURES, SCULPTURES,
INSTALLATION, VIDEO, CALLIGRAPHY AND PAINTED CERAMIC
QUALIFIED HEADINGS
*"Attributed to …": in Christie's qualified opinion probably a work by the artist in whole or in part.
*"Studio of …"/ "Workshop of …": in Christie's qualified opinion a work executed in the studio or
workshop of the artist, possibly under his supervision.
*"Circle of …": in Christie's qualified opinion a work of the period of the artist and showing his
influence.
*"Follower of …": in Christie's qualified opinion a work executed in the artist's style but not necessarily
by a pupil.
*"Manner of …": in Christie's qualified opinion a work executed in the artist's style but of a later date.
*"After …": in Christie's qualified opinion a copy (of any date) of a work of the artist.
*"Signed …"/"Dated …"/"Inscribed …": in Christie's qualified opinion the work has been
signed/dated/inscribed by the artist.
*"With signature …"/"With date …"/"With inscription …": in Christie's qualified opinion the
signature/date/inscription appears to be by a hand other than that of the artist.
The date given for Old Master, Modern and Contemporary Prints is the date (or approximate date
when prefixed with 'circa') on which the matrix was worked and not necessarily the date when the
impression was printed or published.
The date given for Chinese Books and Rubbings is the date (or approximate date when prefixed with
'circa') when the impression was printed or published.
