Swatch: The Blum Collection

CONDITIONS OF SALE The Conditions of Sale and Authorship Warranty set forth below govern the relationship between bidders and buyers, on the one hand, and Phillips de Pury & Company Hong Kong Limited and sellers, on the other hand. All prospective buyers should read these Conditions of Sale and Authorship Warranty carefully before bidding. 1.INTRODUCTION Each lot in this catalogue is offered for sale and sold subject to: (a) the Conditions of Sale and Authorship Warranty; (b) additional notices and terms printed in other places in this catalogue, including the Guide for Prospective Buyers, and (c) supplements to this catalogue or other written material posted by Phillips de Pury & Company Hong Kong Ltd in the saleroom, in each case as amended by any notice or announcement by the auctioneer prior to the auction. By bidding at the auction, whether in person, through an agent, by written bid, by telephone bid or other means, bidders and buyers agree to be bound by these Conditions of Sale, as so changed or supplemented, and Authorship Warranty. These Conditions of Sale, as so changed or supplemented, and the Authorship Warranty contain all the terms on which Phillips de Pury & Company Hong Kong Ltd and the seller contract with the buyer. In these Conditions of Sale and Authorship Warranty, Phillips de Pury & Company Hong Kong Ltd, "we", "our" and "us" shall mean Phillips de Pury & Company Hong Kong Limited. 2.PHILLIPS DE PURY & COMPANY HONG KONG LTD AS AGENT Phillips de Pury & Company Hong Kong Ltd acts as an agent for the seller, unless otherwise indicated in this catalogue or at the time of auction. On occasion, Phillips de Pury & Company Hong Kong Ltd may own a lot, in which case we will act in a principal capacity as a consignor, or we may have a legal, beneficial or financial interest in a lot as a secured creditor or otherwise. 3.CATALOGUE DESCRIPTIONS AND CONDITION OF PROPERTY Lots are sold subject to the Authorship Warranty, as described in the catalogue (unless such description is changed or supplemented, as provided in Paragraph 1 above) and in the condition that they are in at the time of the sale on the following basis. (a) The knowledge of Phillips de Pury & Company Hong Kong Ltd in relation to each lot is partially dependent on information provided to us by the seller, and Phillips de Pury & Company Hong Kong Ltd is not able to and does not carry out exhaustive due diligence on each lot. Prospective buyers acknowledge this fact and accept responsibility for carrying out inspections and investigations to satisfy themselves as to the lots in which they may be interested. Notwithstanding the foregoing, we shall exercise such reasonable care when making express statements in catalogue descriptions or condition reports as is consistent with our role as auctioneer of lots in this sale and in light of (i) the information provided to us by the seller, (ii) scholarship and technical knowledge and (iii) the generally accepted opinions of relevant experts, in each case at the time any such express statement is made. (b) Each lot offered for sale at Phillips de Pury & Company Hong Kong Ltd is available for inspection by prospective buyers prior to the auction. Phillips de Pury & Company Hong Kong Ltd accepts bids on lots on the basis that bidders (and independent experts on their behalf, to the extent appropriate given the nature and value of the lot and the bidder's own expertise) have fully inspected the lot prior to bidding and have satisfied themselves as to both the condition of the lot and the accuracy of its description. (c) Prospective buyers acknowledge that many lots are of an age and type which means that they are not in perfect condition. As a courtesy to prospective buyers, Phillips de Pury & Company Hong Kong Ltd may prepare and provide condition reports to assist prospective buyers when they are inspecting lots. Catalogue descriptions and condition reports may make reference to particular imperfections of a lot, but bidders should note that lots may have other faults not expressly referred to in the catalogue or condition report. All dimensions are approximate. Illustrations are for identification purposes only and cannot be used as precise indications of size or to convey full information as to the actual condition of lots. (d) Information provided to prospective buyers in respect of any lot, including any pre-sale estimate, whether written or oral, and information in any catalogue, condition or other report, commentary or valuation, is not a representation of fact but rather a statement of opinion held by Phillips de Pury & Company Hong Kong Ltd. Any pre-sale estimate may not be relied on as a prediction of the sale price or value of the lot. Pre-sale estimates may be revised from time to time by Phillips de Pury & Company Hong Kong Ltd at our absolute discretion. Neither Phillips de Pury & Company Hong Kong Ltd nor any of our affiliated companies shall be liable for any difference between the pre-sale estimates of any lot and the actual price achieved at auction or upon resale. 4.BIDDING AT AUCTION (a) Phillips de Pury & Company Hong Kong Ltd has absolute discretion to refuse admission to the auction or participation in the sale. All bidders must register for a paddle prior to bidding, and supply such information and references as required by Phillips de Pury & Company. (b) As a convenience to bidders who cannot attend the auction in person, Phillips de Pury & Company Hong Kong Ltd may, if so instructed by the bidder, execute written absentee bids on a bidder's behalf. Absentee bidders are required to submit bids on the "Absentee Bid Form", a copy of which is printed in this catalogue or otherwise available from Phillips de Pury & Company Hong Kong Ltd. Bids must be placed in the currency of the sale. The bidder must clearly indicate the maximum amount he or she intends to bid, excluding the buyer's premium. The auctioneer will not accept an instruction to execute an absentee bid which does not indicate such maximum bid. Our staff will attempt to execute an absentee bid at the lowest possible price taking into account the reserve and other bidders. Any absentee bid must be received at least 24 hours in advance of the start of the auction. In the event of identical bids, the earliest bid received by Phillips de Pury & Company Hong Kong Ltd will take precedence. (c) Telephone bidders are required to submit bids on the "Telephone Bid Form", a copy of which is printed in this catalogue or otherwise available from Phillips de Pury & Company Hong Kong Ltd. Telephone bidding is available for lots whose low pre-sale estimate is at least HK$6,000. Phillips de Pury & Company Hong Kong Ltd reserves the right to require written confirmation of a successful bid from a telephone bidder by fax or otherwise immediately after such bid is accepted by the auctioneer. Telephone bids may be recorded and, by bidding on the telephone, a bidder consents to the recording of the conversation. (d) When making a bid, whether in person, by absentee bid or on the telephone, a bidder accepts personal liability to pay the purchase price, as described more fully in Paragraph 6:(a) below, plus all other applicable charges unless it has been explicitly agreed in writing with Phillips de Pury & Company Hong Kong Ltd before the commencement of the auction that the bidder is acting as agent on behalf of an identified third party acceptable to Phillips de Pury & Company Hong Kong Ltd and that we will only look to the principal for such payment. (e) Arranging absentee and telephone bids is a free service provided by Phillips de Pury & Company Hong Kong Ltd to prospective buyers. While we undertake to exercise reasonable care in undertaking such activity, we cannot accept liability for failure to execute such bids except where such failure is caused by our wilful misconduct. (f) Employees of Phillips de Pury & Company Hong Kong Ltd and our affiliated companies, including the auctioneer, may bid at the auction by placing absentee bids so long as they do not know the reserve when submitting their absentee bids and otherwise comply with our employee bidding procedures. 5.CONDUCT OF THE AUCTION (a) Unless otherwise indicated by the symbol •, each lot is offered subject to a reserve, which is the confidential minimum hammer price agreed by Phillips de Pury & Company Hong Kong Ltd with the seller. The reserve placed on a lot will not exceed the low pre-sale estimate of the lot at the time of the auction. (b) The auctioneer has discretion at any time to refuse any bid, withdraw any lot, re-offer a lot for sale (including after the fall of the hammer) if he or she believes there may be error or dispute and take such other action as he or she deems reasonably appropriate. (c) The auctioneer will commence and advance the bidding at levels and in increments he or she considers appropriate. In order to protect the reserve on a lot, the auctioneer may place one or more bids on behalf of the seller up to the reserve without indicating he or she is doing so, either by placing consecutive bids or bids in response to other bidders. (d) The sale will be conducted in HK dollars and payment is due in HK dollars. For the benefit of international clients, pre-sale estimates in the auction catalogue may be shown in US dollars and Swiss Francs and, if so, will reflect approximate exchange rates. Accordingly, pre-sale estimates in currencies other than HK dollars should be treated only as a guide. (e) Subject to the auctioneer's reasonable discretion, the highest bidder accepted by the auctioneer will be the buyer. The striking of the hammer marks the acceptance of the highest bid and the conclusion of a contract for sale between the seller and the buyer. Risk and responsibility for the lot passes to the buyer as set forth in Paragraph 7 below. (f) If a lot is not sold, the auctioneer will announce that it has been "passed", "withdrawn", "returned to owner" or "bought-in". (g) Any post-auction sale of lots offered at auction shall incorporate these Conditions of Sale and Authorship Warranty as if sold in the auction. 6.PURCHASE PRICE AND PAYMENT (a) The buyer agrees to pay Phillips de Pury & Company Hong Kong Ltd, in addition to the hammer price of the lot, the buyer's premium (together, the "Purchase Price"). The buyer's premium is 25% of the hammer price up to and including HK$400,000, 20% of the portion of the hammer price above HK$400,000 up to and including HK$8,000,000 and 12% of the portion of the hammer price above HK$8,000,000. Phillips de Pury & Company Hong Kong Ltd reserves the right to pay from our compensation an introductory commission to one or more third parties for assisting in the sale of property offered and sold at auction. (b) Unless otherwise agreed, a buyer is required to pay for a purchased lot immediately following the auction regardless of any intention to obtain an export or import licence or other permit for such lot. Payments must be made by the invoiced party in HK dollars either by cash or wire transfer, as follows: (i) Phillips de Pury & Company Hong Kong Ltd will accept payment in cash provided that the total amount paid in cash or cash equivalents does not exceed HK$80,000. (ii) Payment by wire transfer may be sent directly to Phillips de Pury & Company Hong Kong Ltd. Bank transfer details will be provided on the invoice. (c) Title in a purchased lot will not pass until Phillips de Pury & Company Hong Kong Ltd has received the Purchase Price for that lot in cleared funds. Phillips de Pury & Company Hong Kong Ltd is not obliged to release a lot to the buyer until title in the lot has passed and appropriate identification has been provided, and any earlier release does not affect the passing of title or the buyer's unconditional obligation to pay the Purchase Price. 7.COLLECTION OF PROPERTY (a) Phillips de Pury & Company Hong Kong Ltd will not release a lot to the buyer until we have received payment of its Purchase Price in full in cleared funds, the buyer has paid all outstanding amounts due to Phillips de Pury & Company Hong Kong Ltd or any of our affiliated companies, including any charges payable pursuant to Paragraph 8 (a) below, and the buyer has satisfied such other terms as we in our sole discretion shall require, including completing any anti-money laundering or anti-terrorism financing checks. As soon as a buyer has satisfied all of the foregoing conditions, he or she should contact us to arrange collection of the purchased lots. (b) The buyer must arrange collection of a purchased lot within five days of the date of the auction. After the auction, we will transfer all lots to our fine art storage facility located at Malca-Amit Far East Ltd, Hong Kong and will so advise all buyers. Purchased lots are at the buyer?s risk, including the responsibility for insurance, from (i) the date of collection by the buyer or (ii) five days after the auction, whichever is the earlier. Until risk passes, Phillips de Pury & Company Hong Kong Ltd will compensate the buyer for any loss or damage to a purchased lot up to a maximum of the Purchase Price paid, subject to our usual exclusions for loss or damage to property. (c) We do not provide packing, handling, insurance or shipping services. We will coordinate with shipping agents instructed by the buyer, whether or not recommended by Phillips de Pury & Company Hong Kong Ltd, in order to facilitate the packing, handling, insurance and shipping of property bought at Phillips de Pury & Company Hong Kong Ltd. Any such instruction is entirely at the buyer's risk and responsibility, and we will not be liable for acts or omissions of third party packers or shippers. (d) Phillips de Pury & Company Hong Kong Ltd will require presentation of government-issued identification prior to release of a lot to the buyer or the buyer's authorized representative. 8.FAILURE TO COLLECT PURCHASES (a) If the buyer pays the Purchase Price but fails to collect a purchased lot within 5 days of the auction, the buyer will incur a late collection fee of will incur a late collection fee of HK$1,200 per day and pro rated insurance charges of 0.1% of the Purchase Price per month on each uncollected lot. Additional charges may apply to larger lots. (b) If a purchased lot is paid for but not collected within six months of the auction, the buyer authorizes Phillips de Pury & Company Hong Kong Ltd, upon notice, to arrange a resale of the lot by auction or private sale, with estimates and a reserve set by Phillips de Pury & Company Hong Kong Ltd in our reasonable discretion. The proceeds of such sale will be applied to pay for storage charges and any other outstanding costs and expenses owed by the buyer to Phillips de Pury & Company Hong Kong Ltd or our affiliated companies and the remainder will be forfeited unless collected by the buyer within two years of the original auction. 9.REMEDIES FOR NON-PAYMENT (a) Without prejudice to any rights the seller may have, if the buyer without prior agreement fails to make payment of the Purchase Price for a lot in cleared funds within five days of the auction, Phillips de Pury & Company Hong Kong Ltd may in our sole discretion exercise one or more of the following remedies: (i) store the lot at Phillips de Pury & Company Hong Kong Ltd?s premises or elsewhere at the buyer's sole risk and expense; (ii) cancel the sale of the lot, retaining any partial payment of the Purchase Price as liquidated damages; (iii) reject future bids from the buyer or render such bids subject to payment of a deposit; (iv) charge interest at 12% per annum from the date payment became due until the date the Purchase Price is received in cleared funds; (v) subject to notification of the buyer, exercise a lien over any of the buyer's property which is in the possession of Phillips de Pury & Company Hong Kong Ltd and instruct our affiliated companies to exercise a lien over any of the buyer's property which is in their possession and, in each case, no earlier than 30 days from the date of such notice arrange the sale of such property and apply the proceeds to the amount owed to Phillips de Pury & Company Hong Kong Ltd or any of our affiliated companies after the deduction from sale proceeds of our standard vendor's commission, all sale related expenses and any applicable taxes thereon; (vi) resell the lot by auction or private sale, with estimates and a reserve set at Phillips de Pury & Company Hong Kong Ltd's reasonable discretion, it being understood that in the event such resale is for less than the original hammer price and buyer's premium for that lot, the buyer will remain liable for the shortfall together with all costs incurred in such resale; (vii) commence legal proceedings to recover the hammer price and buyer's premium for that lot, together with interest and the costs of such proceedings; or (viii) 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. (b) The buyer irrevocably authorizes Phillips de Pury & Company Hong Kong Ltd to exercise a lien over the buyer's property which is in our possession upon notification by any of our affiliated companies that the buyer is in default of payment. Phillips de Pury & Company Hong Kong Ltd will notify the buyer of any such lien. The buyer irrevocably authorizes Phillips de Pury & Company Hong Kong Ltd, upon notification by any of our affiliated companies that the buyer is in default of payment, to pledge the buyer's property in our possession by actual or constructive delivery to our affiliated company as security for the payment of any outstanding amount due. Phillips de Pury & Company Hong Kong Ltd will notify the buyer if the buyer's property has been delivered to an affiliated company by way of pledge. (c) If the buyer is in default of payment, the buyer irrevocably authorizes Phillips de Pury & Company Hong Kong Ltd to instruct any of our affiliated companies in possession of the buyer's property to deliver the property by way of pledge as the buyer's agent to a third party instructed by Phillips de Pury & Company Hong Kong Ltd to hold the property on our behalf as security for the payment of the Purchase Price and any other amount due and, no earlier than 30 days from the date of written notice to the buyer, to sell the property in such manner and for such consideration as can reasonably be obtained on a forced sale basis and to apply the proceeds to any amount owed to Phillips de Pury & Company Hong Kong Ltd or any of our affiliated companies after the deduction from sale proceeds of our standard vendor's commission, all sale-related expenses and any applicable taxes thereon. 10.RESCISSION BY PHILLIPS DE PURY & COMPANY HONG KONG LTD Phillips de Pury & Company Hong Kong Ltd shall have the right, but not the obligation, to rescind a sale without notice to the buyer if we reasonably believe that there is a material breach of the seller's representations and warranties or the Authorship Warranty or an adverse claim is made by a third party. Upon notice of Phillips de Pury & Company Hong Kong Ltd's election to rescind the sale, the buyer will promptly return the lot to Phillips de Pury & Company Hong Kong Ltd, and we will then refund the Purchase Price paid to us. As described more fully in Paragraph 13 below, the refund shall constitute the sole remedy and recourse of the buyer against Phillips de Pury & Company Hong Kong Ltd and the seller with respect to such rescinded sale. 11.EXPORT, IMPORT AND ENDANGERED SPECIES LICENCES AND PERMITS Before bidding for any property, prospective buyers are advised to make their own enquiries as to whether a licence is required to export a lot from Hong Kong or to import it into another country. Prospective buyers are advised that some countries prohibit the export and import of property made of or incorporating plant or animal material, such as coral, crocodile, ivory, whalebone, rhinoceros horn or tortoiseshell, irrespective of age, percentage or value. Accordingly, prior to bidding, prospective buyers considering export of purchased lots should familiarize themselves with relevant export and import regulations of the countries concerned. It is solely the buyer's responsibility to comply with these laws and to obtain any necessary export, import and endangered species licences or permits. Failure to obtain a licence or permit or delay in so doing will not justify the cancellation of the sale or any delay in making full payment for the lot. 12.DATA PROTECTION (a) In connection with the management and operation of our business and the marketing and supply of auction related services, or as required by law, we may ask buyers and prospective buyers to provide personal information about themselves or obtain information about them from third parties (e.g. credit agencies). If buyers and prospective buyers provide us with information that is defined by law as "personal data", they agree that Phillips de Pury & Company Hong Kong Ltd and our affiliated companies may use it for the above purposes. Phillips de Pury & Company Hong Kong Ltd and our affiliated companies will not use or process sensitive information for any other purpose without the buyer and prospective buyer's express consent. If you would like further information on our policies on personal data or wish to make corrections to your information, please contact us at +44 20 7318 4010. (b) In order to provide services, Phillips de Pury & Company Hong Kong Ltd may disclose buyers and prospective buyers' personal information to third parties such as shippers. By agreeing to these Conditions of Sale, buyers and prospective buyers agree to such disclosure. Not all countries offer the same legal protection of personal information. It is Phillips de Pury & Company Hong Kong Ltd's policy to require that any such third parties respect the privacy and confidentiality of our clients' information. 13.LIMITATION OF LIABILITY (a) Subject to sub-paragraph (e) below, the total liability of Phillips de Pury & Company Hong Kong Ltd, our affiliated companies and the seller in connection with the sale of a lot shall be limited to the Purchase Price actually paid by the buyer for the lot. (b) Except as otherwise provided in this Paragraph 13, none of Phillips de Pury & Company Hong Kong Ltd, any of our affiliated companies or the seller (i) is liable for any errors or omissions, whether orally or in writing, in information provided to buyers and prospective buyers by Phillips de Pury & Company Hong Kong Ltd or any of our affiliated companies or (ii) accepts responsibility to any buyers and prospective buyers in respect of acts or omissions, whether negligent or otherwise, by Phillips de Pury & Company Hong Kong Ltd or any of our affiliated companies in connection with the conduct of the auction or for any other matter relating to the sale of any lot. (c) All warranties other than the Authorship Warranty, express or implied, including any warranty of satisfactory quality and fitness for purpose, are specifically excluded by Phillips de Pury & Company Hong Kong Ltd, our affiliated companies and the seller to the fullest extent permitted by law. (d) Subject to sub-paragraph (e) below, none of Phillips de Pury & Company Hong Kong Ltd, any of our affiliated companies or the seller shall be liable to the buyer for any loss or damage beyond the refund of the Purchase Price referred to in sub-paragraph (a) above, whether such loss or damage is characterised as direct, indirect, special, incidental or consequential, or for the payment of interest on the Purchase Price to the fullest extent permitted by law. (e) No provision in these Conditions of Sale shall be deemed to exclude or limit the liability of Phillips de Pury & Company Hong Kong Ltd or any of our affiliated companies to the buyer in respect of any fraud or fraudulent misrepresentation made by any of us or in respect of death or personal injury caused by our negligent acts or omissions. 14.COPYRIGHT The copyright in all images, illustrations and written materials produced by or for Phillips de Pury & Company Hong Kong Ltd relating to a lot, including the contents of this catalogue, is and shall remain at all times the property of Phillips de Pury & Company Hong Kong Ltd and, subject to the provisions of the Copyright Ordinance (Cap 528), such images and materials may not be used by the buyer or any other party without our prior written consent. Phillips de Pury & Company Hong Kong Ltd and the seller make no representations or warranties that the buyer of a lot will acquire any copyright or other intellectual property rights in the lot. 15.GENERAL (a) These Conditions of Sale, as changed or supplemented as provided in Paragraph 1 above, and the Authorship Warranty together set out the entire agreement between the parties with respect to the transactions contemplated herein and supersede all prior and contemporaneous written, oral or implied understandings, representations and agreements. (b) Notices to Phillips de Pury & Company Hong Kong Ltd shall be in writing and addressed to the department in charge of the sale, quoting the reference number specified at the beginning of the sale catalogue. Notices to clients shall be addressed to the last address notified by them in writing to Phillips de Pury & Company. (c) These Conditions of Sale are not assignable by any buyer without our prior written consent but are binding on the buyer's successors, assigns and representatives. (d) Should any provision of these Conditions of Sale be held void, invalid or unenforceable for any reason, the remaining provisions shall remain in full force and effect. No failure by any party to exercise, nor any delay in exercising, any right or remedy under these Conditions of Sale shall act as a waiver or release thereof in whole or in part. (e) A translation of the Conditions of Sale and the Authorship Warranty in Chinese is provided as a guide only. The English version of the Conditions of Sale and the Authorship Warranty shall prevail in the event of a conflict with the Chinese translation. 16.LAW AND JURISDICTION (a) The rights and obligations of the parties with respect to these Conditions of Sale and Authorship Warranty, the conduct of the auction and any matters related to any of the foregoing shall be governed by and interpreted in accordance with Hong Kong law. (b) For the benefit of Phillips de Pury & Company Hong Kong Ltd, buyers and prospective buyers agree that the Courts of Hong Kong are to have exclusive jurisdiction to settle all disputes arising in connection with all aspects of all matters or transactions to which these Conditions of Sale and Authorship Warranty relate or apply. Buyers and prospective buyers agree that Phillips de Pury & Company Hong Kong Ltd shall retain the right to bring proceedings in any court other than the Courts of Hong Kong. (c) Buyers and prospective buyers irrevocably consent to service of process or any other documents in connection with proceedings in any court by facsimile transmission, personal service, delivery by mail or in any other manner permitted by Hong Kong law, the law of the place of service or the law of the jurisdiction where proceedings are instituted, at the last address of the buyer and prospective buyer known to Phillips de Pury & Company. SPECIAL CONDITIONS APPLICABLE TO BIDDERS AND BUYERS OF WATCHES Phillips de Pury & Company Hong Kong Ltd makes no representation or warranty that any watch is in working order, and no catalogue description of any lot should be construed as so stating. Prospective buyers are advised to have watches checked by a competent watchmaker before use. As a service to prospective buyers, we may provide a description of the condition of watches in the catalogue entry, including references to defects and repairs, and furnish a condition report, but such information is not necessarily complete and may not specify all mechanical replacements, restoration or defects. Phillips de Pury & Company Hong Kong Ltd does not guarantee the authenticity of any individual component parts such as wheels, hands, crowns, crystals, screws, bracelets and leather bands, since prior repairs and restoration work may have resulted in the replacement of original parts. Prospective buyers should inspect all watches prior to the auction to evaluate the condition of watches offered for sale. Exportation of watch bands incorporating material from endangered species Watches offered for sale in this catalogue may have bands made of endangered or protected animal materials such as alligator or crocodile and may not lawfully be exported and imported without a CITES permit. These lots are marked with ∑ in the catalogue. Phillips de Pury & Company Hong Kong Ltd may need to remove and retain the band before shipping the watch and buckle from Hong Kong for delivery to the buyer. AUTHORSHIP WARRANTY Phillips de Pury & Company Hong Kong Ltd warrants the authorship of property in this auction catalogue for a period of five years from date of sale by Phillips de Pury & Company Hong Kong Ltd, subject to the exclusions and limitations set forth below. (a) Phillips de Pury & Company Hong Kong Ltd gives this Authorship Warranty only to the original buyer of record (i.e., the registered successful bidder) of any lot. This Authorship Warranty does not extend to (i) subsequent owners of the property, including purchasers or recipients by way of gift from the original buyer, heirs, successors, beneficiaries and assigns; (ii) property where the description in the catalogue states that there is a conflict of opinion on the authorship of the property; (iii) property where our attribution of authorship was on the date of sale consistent with the generally accepted opinions of specialists, scholars or other experts; (iv) property whose description or dating is proved inaccurate by means of scientific methods or tests not generally accepted for use at the time of the publication of the catalogue or which were at such time deemed unreasonably expensive or impractical to use or likely in our reasonable opinion to have caused damage or loss in value to the lot; or (v) there has been no material loss in value of the lot from its value had it been as described in the heading of the catalogue entry. (b) In any claim for breach of the Authorship Warranty, Phillips de Pury & Company Hong Kong Ltd reserves the right, as a condition to rescinding any sale under this warranty, to require the buyer to provide to us at the buyer's expense the written opinions of two recognized experts approved in advance by Phillips de Pury & Company Hong Kong Ltd. We shall not be bound by any expert report produced by the buyer and reserve the right to consult our own experts at our expense. If Phillips de Pury & Company Hong Kong Ltd agrees to rescind a sale under the Authorship Warranty, we shall refund to the buyer the reasonable costs charged by the experts commissioned by the buyer and approved in advance by us. (c) Subject to the exclusions set forth in subparagraph (a) above, the buyer may bring a claim for breach of the Authorship Warranty provided that (i) he or she has notified Phillips de Pury & Company Hong Kong Ltd in writing within three months of receiving any information which causes the buyer to question the authorship of the lot, specifying the auction in which the property was included, the lot number in the auction catalogue and the reasons why the authorship of the lot is being questioned and (ii) the buyer returns the lot to Phillips de Pury & Company Hong Kong Ltd in the same condition as at the time of its auction and is able to transfer good and marketable title in the lot free from any third party claim arising after the date of the auction. (d) The buyer understands and agrees that the exclusive remedy for any breach of the Authorship Warranty shall be rescission of the sale and refund of the original Purchase Price paid. This remedy shall constitute the sole remedy and recourse of the buyer against Phillips de Pury & Company Hong Kong Ltd, any of our affiliated companies and the seller and is in lieu of any other remedy available as a matter of law. This means that none of Phillips de Pury & Company Hong Kong Ltd, any of our affiliated companies or the seller shall be liable for loss or damage beyond the remedy expressly provided in this Authorship Warranty, whether such loss or damage is characterized as direct, indirect, special, incidental or consequential, or for the payment of interest on the original Purchase Price. 業務規則 下文所載業務規則及保證書條款規管競投人與買家,以 Phillips de Pury & Company Hong Kong Limited和賣方之間的關係。所有准買家在競投前,須仔細閱覽所列業務規則及保證書條款。 1 序言 本圖錄中任何出售之拍賣品受制於下列各項規管：(a)本業務規則和保證書條款；(b)本圖錄所載之任何附加通知及條款,包括“給準買家指引”；及 (c)本圖錄之附錄或Phillips de Pury & Company Hong Kong Ltd在銷售處展示之其他書面材料,以及在各情況下按任何銷售通告或拍賣官於拍賣前所公佈之修訂。 在拍賣會上競投,無論是以親身競投、代理競投、缺席競投、電話競投還是其他方式,競投人與買家同意受本業務規則及其修訂或增補和保證書條款規管。 本業務規則及其修訂或增補和保證書條款為Phillips de Pury & Company Hong Kong Ltd與買家所簽訂之所有條款。 本業務規則和保證書條款中,“Phillips de Pury & Company Hong Kong Ltd”,“我們”及“本公司”均指Phillips de Pury & Company Hong Kong Ltd Hong Kong Limited。 2. Phillips de Pury & Company Hong Kong Ltd之代理身份 除非本圖錄或拍賣時另有指示外,Phillips de Pury & Company Hong Kong Ltd作為賣家之代理身份行事。Phillips de Pury & Company Hong Kong Ltd可能擁有拍賣品,在該情況下以委託人之身份作為寄售人行事,或可能以抵押債權人或其他身份擁有拍賣品之法律、實益或財務利益。 3. 圖錄和狀況報告 拍賣品的出售受制於本圖錄所載之保證書條款（除非該陳述如上文第1段所述被修訂或增補）以及基於以下出售時拍賣品之狀況： (a) Phillips de Pury & Company Hong Kong Ltd對各拍賣品之認識部份依賴賣家向其提供之資料,Phillips de Pury & Company Hong Kong Ltd無法及不會就各拍賣品進行全面盡職審查。准買家知悉此事,並承擔檢查及檢驗之責任,以使彼等滿意彼等可能感興趣之拍賣品。除前述規定以外,我們在圖錄描述或狀況報告作出之明示聲明,應以出售中有關拍賣品之拍賣官身份相符之合理審慎態度作出；以及基於在作出明示聲明當時(i)賣家向我們提供之資料；(ii)學術及技術知識；及(iii)相關專家普遍接納之意見。 (b) Phillips de Pury & Company Hong Kong Ltd提呈出售之各拍賣品於拍賣前可供准買家檢查。在競投人（鑑於有關拍賣品之性質及價值及競投人之專業知識而言屬合適者,以及代表彼等之獨立專家）已當作在投標前全面檢驗拍賣品,並滿意拍賣品之狀況及其描述之準確性,Phillips de Pury & Company Hong Kong Ltd方會接受競投人對拍賣品之投標。 (c) 准買家確認眾多拍賣品年代久遠及種類特殊,這意味著拍賣品並非完好無缺。作為對準買家的禮遇,Phillips de Pury & Company Hong Kong Ltd 可能準備並提供狀況報告以協助准買家檢查拍賣品。圖錄描述及狀況報告可用作拍賣品某些瑕疵之參考,然而,競投人應注意,拍賣品可能存在其他在目錄或狀況報告內並無明確指出之瑕疵。拍賣品的規格非完全精准。解說只供鑑定用途,不應視為規格之精確描述,亦不會當作為拍賣品真實狀況之全部資料。 (d) 提供予准買家有關任何拍賣品之資料包括任何拍賣前估價（無論為書面或口述）及任何目錄所載之資料、規則或其他報告、評論或估值,該等資料並非事實之陳述,而是Phillips de Pury & Company Hong Kong Ltd所持有之確實意見之聲明,故不應依賴任何拍賣前估價作為拍賣品售價或價值之預測。拍賣前估價可由Phillips de Pury & Company Hong Kong Ltd不時全權酌情決定修改。Phillips de Pury & Company Hong Kong Ltd及關聯公司均無需對任何拍賣品之拍賣前估價和拍賣實際成交價或轉售價之差額承擔責任。 4. 拍賣會上競投出價 (a) Phillips de Pury & Company Hong Kong Ltd可全權酌情決定拒絕參與拍賣。競投人必須在競投前登記及領取號碼板,並提供Phillips de Pury & Company Hong Kong Ltd所需資料及參考。 (b) 純為方便無法親身參與拍賣會競投人,在競投人的指示下,Phillips de Pury & Company Hong Kong Ltd可代表競投人進行書面競投。缺席競投人須通過“缺席競投表”（載於本圖錄後或可從Phillips de Pury & Company Hong Kong Ltd處獲得）提交競價。競價須以拍賣中使用的貨幣出價。競投人必須明確列明“最高限價”（不包含買家支付之酬金）。未列明該“最高限價”之缺席競投標將不獲拍賣官接納。我們的職員將盡力履行缺席競投,以相對於底價和其他競投價之最低價格得。請確保本公司在拍賣前最少24小時收到競投人確認缺席競投之指示。倘競投價相同,則最先競投者有優先權。 (c) 電話競投人須通過“電話競投表”提交（載於本圖錄後或可從Phillips de Pury & Company Hong Kong Ltd處獲得）提交競價。電話競投僅適用於底位估價最低為6,000港元之拍賣品。在拍賣官接受電話競投人競價時,Phillips de Pury & Company Hong Kong Ltd保留即時要求電話競投人通過傳真或其他方式提交成功競投標書面確認之權利。電話競投會被錄音,使用電話競投服務,視為競投人同意錄音其談話內容。 (d) 出價時,無論是親身競投,缺席競投還是電話競投,競投人個人承擔支付購買價款以及所有其他適用的收費（本規則規定6(a)闡述更為詳盡）,除非拍賣前取得Phillips de Pury & Company Hong Kong Ltd明確的書面同意：競投人為Phillips de Pury & Company Hong Kong Ltd接受的“確定第三人”之代理人行事。在此情況下,我們只要求委託人支付該費用。 (e) Phillips de Pury & Company Hong Kong Ltd為准買家提供的缺席競投和電話競投安排均為免費服務。在提供該等服務過程中,我們將採取合理審慎義務。但我們對於無法執行此類競投不承擔任何責任,除非該失誤是由我們故意的不當行為所造成。 (f) Phillips de Pury & Company Hong Kong Ltd及關聯公司之僱員,包括拍賣官,只可在競投時不知底價及遵守我們僱員競投程序之情況下於拍賣會上缺席競投。 5. 拍賣之行動 (a) 除以 • 符號另作注明外,否則所有拍賣品均有底價。該底價是由Phillips de Pury & Company Hong Kong Ltd和賣家共同設定之最低價值,且絕對機密。該底價不得高於拍賣時估計之預售低價。 (b) 拍賣官可隨時絕對酌情決定拒絕任何競投、撤回任何拍賣品、重新出售拍賣品(包括在擊槌後)如他相信可能有錯誤或爭議,以及採取其合理地認為是合適之其他行動。 (c) 拍賣官會在彼認為合適之水準及增幅下開始及進行競投。為了保護拍賣品之底價,拍賣官可代表賣家作出一次或多次競投,惟以底價為限,而毋須表示彼正進行該等行動及不論是以接連投標或競投之方式而作出。 (d) 拍賣將用港元計價,到期以港元付款。為國際客戶之利益,圖錄中拍賣前估價可能以美元和瑞士法郎計價,在此情況下,拍賣前估價將考慮到合適的匯率。相應的,非以港元計價的拍賣前估價應僅視為指引之用。 (e) 受制於拍賣官合理酌情決定權,拍賣官所接納之最高競投人為買家。拍賣官擊槌意味著接納最高出價,以及買家及賣家之間買賣合約之訂立。如本文第7段所示,拍賣品之風險和義務轉移至買家。 (f) 若拍賣品未能成交,拍賣官將宣佈該拍賣品“流標”、“撤銷”、“返還物主”或“買回”。 (g) 於拍賣會後出售任何在拍賣會上發售之拍賣品時應包括該等業務規則和保證書條款,猶如已在拍賣會出售一樣。 6. 買入價和支付 (a) 除拍賣品成交價以外,買家同意支付Phillips de Pury & Company Hong Kong Ltd買家支付之酬金（共同為“買入價”）。拍賣品“成交價”為400,000港元或以下,酬金以“成交價”之25%計算；超過400,000至8,000,000港元之部分,則以20%計算；超過8,000,000港元之部分,則以12%計算。Phillips de Pury & Company Hong Kong Ltd保留從我們補償裏向協助出售拍賣品第三方支付介紹費之權利。 (b) 除非另有協定,否則不論取得拍賣品之出口、進口或其他許可證之任何意圖為何,買家均必須於拍賣會結束後立即支付拍賣品之買入價。發票抬頭方應以港元現金或電匯通過以下方式進行支付： (i) Phillips de Pury & Company Hong Kong Ltd接納以現金或現金等值形式不超過80,000港元的現金付款。 (ii) 電匯支付應直接匯至Phillips de Pury & Company Hong Kong Ltd。發票會提供銀行匯款的詳細資訊。 (c) 所購拍賣品之擁有權將於Phillips de Pury & Company Hong Kong Ltd悉數收取買入價後方可轉移。Phillips de Pury & Company Hong Kong Ltd概無責任將拍賣品交給買家直至拍賣品之擁有權已轉移,且已獲提供適當確認而提早交付不會影響擁有權之轉移或買家支付買入價之無條件責任。 7. 拍賣品的領取 (a) Phillips de Pury & Company Hong Kong Ltd僅在其悉數收取全部結清之買入價時,會將拍賣品交付。買家須全部結清已到期未償還給Phillips de Pury & Company Hong Kong Ltd或其關聯公司的欠款,包括根據本規則下面第8(a)條款所應支付的費用。買家須符合我們所全權酌情要求的其他條款,包括完成任何反洗錢或反恐的資金核實。一旦買家符合所有以上條件,其應聯絡我們以安排領取拍賣品。 (b) 買家應安排在拍賣會後於五天內領取已購買之拍賣品。拍賣會後,我們會將全部拍賣品運送至位於Malca-Almit HK的藝術品倉儲設施內,我們幷也會通知所有的買家。已買之拍賣品由(i)買家領取之日起；或(ii)拍賣會後第五天（以較早日期為準）起之風險由買家承擔（包括投保責任）。直到風險轉移,Phillips de Pury & Company Hong Kong Ltd將就拍賣品之任何損失或損毀向買家支付賠償,惟以所付之買入價為最高限額,幷受我們通常拍賣品損失或損毀之豁免情況所限。 (c) 我們並不提供包裝、搬運、保險或運送服務。然而,我們將配合買家所指示之運貨代理商（無論其是否由Phillips de Pury & Company Hong Kong Ltd所推薦）,以便協助在Phillips de Pury & Company Hong Kong Ltd所購物品之包裝、搬運、保險或運送。任何該等指示均由買家承擔風險和責任,我們對於第三方包裝商和托運人的行為或疏忽不承擔任何責任。 (d) 在將拍賣品交付予買家或買家所授權之代表之前,Phillips de Pury & Company Hong Kong Ltd會要求其出示由政府發出之身份證明。 8. 未領取購置品 (a) 倘買家支付買入價之費用,但未於拍賣會後三十天內領取已購買之拍賣品,買家將要承擔延遲領取費HK$1,200,及每件未領取拍賣品按比例分配0.1%買入價之每月保險費用。 大件拍賣品可能需收取額外費用。 (b) 倘已支付所購拍賣品之費用,但未於拍賣會後六個月內領取該拍賣品,則買家授權Phillips de Pury & Company Hong Kong Ltd(在通知買家後)安排以拍賣或私人出售之方式重售該物品,而預測價格及底價將由Phillips de Pury & Company Hong Kong Ltd合理酌情決定。該次出售的收益將用於支付買家欠 Phillips de Pury & Company Hong Kong Ltd或其關聯公司的倉儲費和任何其他未償付之費用和開支。除非買家於原拍賣會後兩年內領取該收益之剩餘款項,否則該筆款項將會被沒收。 9. 欠繳款之補償辦法 (a) 在不影響賣家可能擁有之任何權利之情況下,倘買家在未預先協定之情況下未能在拍賣會後五天內就拍賣品支付全數買入價,Phillips de Pury & Company Hong Kong Ltd可全權決定行使以下一項或多項補救方法：(i)將拍賣品貯存在Phillips de Pury & Company Hong Kong Ltd處所或其他地方,風險及費用完全由買家承擔；(ii)取消拍賣品之買賣,幷保留已部分支付之買入價作為違約賠償金；(iii)拒絕買家未來作出之競投或使其就未來之競投須支付訂金；(iv)至帳款到期後收取12%之年利息,直至買入價全數付清；(v)受制於通知買家,對買家由Phillips de Pury & Company Hong Kong Ltd管有之任何物品行使留置權並指示我們的關聯公司將由其管有之任何物品行使留置權。在所有情況下,在下發書面通知之日起30天後出售該物品,再扣減銷售收入中我們標準的賣家傭金、所有相關花費和其他所適用之稅負後,用於支付欠Phillips de Pury & Company Hong Kong Ltd或我們關聯公司的款額；(vi)透過拍賣或私人出售重售拍賣品,幷由Phillips de Pury & Company Hong Kong Ltd合理酌情決定預測價格及底價。倘該重售之價格低於該拍賣品之初原本成交價及買家之費用,買家將仍須承擔該差額,連同該重售産生之所有費用；(vii) 展開法律訴訟,以收回該拍賣品之成交價及買家之費用,連同利息及該訴訟之費用；或(viii) 向賣家透露買家之名稱及地址,使賣家可展開法律訴訟,以收回欠款及申索法律費用。 (b) 在我們關聯公司通知買家尚未付款之情況下,買家不可撤銷地授權Phillips de Pury & Company Hong Kong Ltd可對其管有買家之物品行使留置權。Phillips de Pury & Company Hong Kong Ltd會將該留置權行使之情況告知買家。在我們關聯公司通知買家尚未付款之情況下,買家不可撤銷地授權Phillips de Pury & Company Hong Kong Ltd可對其管有之買家物品（通過向我們的關聯公司實際交付或推定交付）行使抵押權,以作爲支付到期欠款之保證。倘買家之物品已通過抵押方式交付給任何關聯公司,Phillips de Pury & Company Hong Kong Ltd會將此情況告知買家。 (c) 倘買家尚未付款,買家不可撤銷地授權Phillips de Pury & Company Hong Kong Ltd指示管有買家物品之其關聯公司,由其作爲買家的代理人通過抵押方式將物品交予第三方持有,用以作爲支付買入價和其他到期款項之保證。該第三方由Phillips de Pury & Company Hong Kong Ltd指示幷代表我們持有物品,在向買家下發書面通知之日起30天後,盡強制出售方式下合理的價格出售物品,幷將受益扣減本公司標準的賣家傭金、所有相關花費和所適用之稅負後,用於支付欠Phillips de Pury & Company Hong Kong Ltd或我們關聯公司的款項。 10. Phillips de Pury & Company Hong Kong Ltd解決合約 如果我們合理相信存在實質違反賣方陳述和保證或保證書條款,或第三方提起異議訴求,Phillips de Pury & Company Hong Kong Ltd有權無須通知買家而解除拍賣合約。此項為權利而非義務。一旦Phillips de Pury & Company Hong Kong Ltd發出解除拍賣合約通知,買家應恰當的將拍賣品歸還Phillips de Pury & Company Hong Kong Ltd。我們之後將退回已支付的買入價。下文第13段將更為詳盡的進行描述。退款是買家對抗Phillips de Pury & Company Hong Kong Ltd和解除合約有關之賣家唯一的補救和追索方式。 11. 進出口和瀕危物種許可證和證書 在競投任何拍賣品之前,我們建議准買家應明晰是否需要許可證方可自香港出口或由其他國家進口。准買家應瞭解一些國家禁止進出口由植物或動物材料（如珊瑚、鱷魚、象牙、鯨骨、玳瑁等）製成或含有植物或動物材料之物品,不論其年份、含量或價值。相應的,競投前,考慮出口所購拍賣品的准買家應熟悉相關國家有關的進出口法規。買家須單獨負責遵守該等法律並取得任何必需的出口、進口或瀕危物種許可證或證書。即使未能取得任何牌照或許可證,或延遲取得該許可證或任何其他文件,均不能構成取消成交或任何延遲全額支付之理由。 12. 資料保障 (a) 基於管理、經營業務、市場推廣以及提供拍賣相關之服務或按法律規定之用途,我們可能向買家和准買家要求提供其個人資料或向第三方索取有關資料,如信貸資料等。如買家和准買家所提供予我們的資料在法律定義下為“私人資料”,他們同意Phillips de Pury & Company Hong Kong Ltd及其關聯公司可能把該等資料用作以上用途。Phillips de Pury & Company Hong Kong Ltd及其關聯公司在未獲得買家或准買家明確同意前將不會將該等敏感資料作其他用途。客戶如欲查詢更多有關我們對個人資料之政策或更改個人資料,請致電+44 20 7318 4010。 (b) 為提供服務,Phillips de Pury & Company Hong Kong Ltd有可能向第三方,如船務公司披露買家和准買家的私人資料。買家和准買家同意該等業務規則,即同意有關披露。並非所有國家提供相同之個人資料法律保障。根據Phillips de Pury & Company Hong Kong Ltd的公司政策,將要求該第三方尊重客戶之私隱。 13. 責任限制 (a) 受制於下文(e) 條款,Phillips de Pury & Company Hong Kong Ltd、我們的關聯公司和賣方有關拍賣品的全部責任應限於買家實際支付的拍賣品買入價。 (b) 除非第13段另有規定外,Phillips de Pury & Company Hong Kong Ltd、我們的關聯公司或賣方均毋須：(i) 對Phillips de Pury & Company Hong Kong Ltd或我們的關聯公司向買家和准買家以口述或書面提供之資料之任何錯誤或遺漏負責；或(ii) 就Phillips de Pury & Company Hong Kong Ltd或我們的關聯公司有關拍賣或有關出售任何拍賣品之任何事宜之行動或遺漏,無論是由於疏忽或其他原因引致,而向任何買家和准買家負責。 (c) Phillips de Pury & Company Hong Kong Ltd、我們的關聯公司和賣家在法律允許之最大範圍內排除所有除保證書條款以外的其他保證條款（包括任何符合品質和適合用途的保證條款）,無論該條款是明示或默示條款。 (d) 受制於下文(e),Phillips de Pury & Company Hong Kong Ltd、我們的關聯公司或賣方對買家的損失和損壞超出上文（a）中提及之買入價(而不論該等損失或損壞是直接或間接,特別、附帶還是隨之發生),或買入價的利息在法律最大允許範圍內無須承擔責任。 (e) 該業務規則條款概無免除或限制Phillips de Pury & Company Hong Kong Ltd或我們的關聯公司有關我們向買家作出之任何具欺詐成份之失實聲明,或有關我們的疏忽行為或遺漏而導致之人身傷亡之責任。 14. 版權 Phillips de Pury & Company Hong Kong Ltd有關拍賣品之全部影像、解說和書面材料,包括本圖錄之內容,均屬且應為Phillips de Pury & Company Hong Kong Ltd之財產,並受《版權條例》（第528章）規管。在未取得我們事先書面同意外,買家或他人不得使用該等影像和材料。Phillips de Pury & Company Hong Kong Ltd和賣方未作任何買家可獲得拍賣品任何版權或其他知識產權權利的陳述或保證。 15. 一般資料 (a) 本業務規則及本文第1段所述之修訂或增補,以及保證書條款共同組成雙方之間有關此交易的所有協議。所有先前及同時形成的書面、口頭、默示理解、陳述和協議均歸於無效。 (b) 給予Phillips de Pury & Company Hong Kong Ltd之通知應以書面發出,註明出售之負責部門及銷售圖錄開端指定之參考號碼。給予客戶之通知應以彼等正式書面通知Phillips de Pury & Company Hong Kong Ltd之最新位址為收件位址。 (c) 未經我們之事先書面同意前,任何買家不得轉讓該等業務規則,但對買家之繼承人、承付人及遺產執行人具有約束力。 (d) 倘因任何理由使之無效及無法執行該等業務規則之任何條文,則餘下條文應仍然具有十足效力及作用。任何一方之未履行、延遲履行,以及本業務規則下任何權利或補救均不應視為豁免或解除其全部或部分權利。 (e) 本業務規則及保證書條款之中文譯本僅供參考之用,中文譯本如與英文原本有任何抵觸,將以英文原本業務規則及保證書條款為準。 16. 法例及司法管轄權 (a) 雙方有關本業務規則及保證書條款的權利和義務,拍賣之行動及其有關所有事宜須受香港法例規管並按其詮釋。 (b) 就Phillips de Pury & Company Hong Kong Ltd之利益而言,買家及准買家同意香港法院擁有專有司法權,調解所有因與該等業務規則和保證書條款有關或適用之所有事宜或交易之各方面而產生之紛爭。各方均同意Phillips de Pury & Company Hong Kong Ltd將保留權利在香港法院以外之任何法院提出訴訟。 (c) 買家及准買家不可撤回地同意透過傳真、面送方式、郵寄或香港法例、送達地點之法例或提出訴訟之司法權區之法例允許之其他方式,將有關任何法院訴訟之法律程序文件或任何其他文件送發至買家及准買家知會Phillips de Pury & Company Hong Kong Ltd之最新位址。 適用於競投人和手錶買家的特殊條款 Phillips de Pury & Company Hong Kong Ltd並無陳述或保證任何手錶仍處於正常工作狀態,本圖錄任何拍賣品之描述亦不應做如上之解釋。准買家在使用前應經由合資格之鐘錶匠檢查。作爲向准買家提供的一項服務,我們可以在圖錄目錄中提供手錶狀況描述,包括瑕疵和維修記錄,以及提供狀況報告。但該等資訊可能幷不完盡,可能不能涵蓋所有的機械替換、修復部件或瑕疵。因爲原出廠零部件可能在先前修理和修復中被替換,Phillips de Pury & Company Hong Kong Ltd 因而並不保證任何單獨零部件的真實性,例如齒輪、指針、把頭、玻璃表面、螺絲、錶鏈和真皮錶帶。准買家應在拍賣前檢查所有手錶以評估其出售狀況。 瀕危物種材質錶帶的出口 本圖錄中拍賣的手錶錶帶可能由瀕危或受保護動物材質製成,例如鱷魚皮或鱷魚,若無《瀕臨絕種野生動植物國際貿易公約》(CITES)許可證,可能無法合法進出口。本圖錄中該類拍賣品已用符號∑ 標注。對於向香港以外運送已購買手錶至競買人,Phillips de Pury & Company Hong Kong Ltd可能在運付之前需要移除並留存該錶帶及帶扣。 保證書條款 Phillips de Pury & Company Hong Kong Ltd自拍賣品成交之日起五年內保證拍賣會上圖錄中拍賣品作者出處爲真實的,但受制於以下所列除外條款和限制。 (a) Phillips de Pury & Company Hong Kong Ltd保證書保證僅針對於拍賣品記錄在案的原始買家（例如,已註冊登記的得標人）。本保證書不適用於： (i) 拍賣品後續物主,包括購買者或原始買家贈與之人、繼承人、受益人和受讓人；(ii) 本圖錄陳述已指出對於拍賣品出處存在衝突意見之拍賣品； (iii) 在拍賣日時,我們有關拍賣品出處的陳述與被普遍接受的專業人士、學者或其他專家意見一致之拍賣品；(v) 能正確地鑒定拍賣品陳述或日期的科學鑒定方法在本圖錄刊登時不爲一般所接受,或在本圖錄刊登時此方法過分昂貴或不實際或我們合理的認爲可能因此而導致拍賣品價值損失或損毀的情況；或 (v)本圖錄目錄所陳述之價值與拍賣品價值幷無重大損失之拍賣品。 (b) 在所有針對違反保證書條款的索償中,Phillips de Pury & Company Hong Kong Ltd保留要求買家自費向我們提供兩名Phillips de Pury & Company Hong Kong Ltd事先認可專家書面意見之權利,在此情況下我們可解除本保證下之買賣合約。買家提供專家之意見對我們幷無約束力,本公司保留自費咨詢我們自身專家意見之權利。若Phillips de Pury & Company Hong Kong Ltd同意在保證書條款下解除買賣合約,我們將償付買家聘任幷經我們事先同意專家之合理費用。 (c) 受制於上述 (a) 條款之除外條款,買家可提供以下資料以提請違反保證書條款之訴 (i)獲知任何導致買家對拍賣品出處存疑之資訊後三個月內,他應向Phillips de Pury & Company Hong Kong Ltd提供書面通知,該書面通知具體說明拍賣品所屬之拍賣會場次、拍賣品於拍賣圖錄之編號和拍賣品出處存疑之理由；以及(ii) 買家應將拍賣品以拍賣時同等狀況原封不動返還給Phillips de Pury & Company Hong Kong Ltd,且保證拍賣品産權在拍賣日之後可被自由轉讓且免予任何第三方之索償。 (d) 買家明晰幷同意,違反任何保證書條款時買家所能獲得的唯一而排他的補救,爲解除該項拍賣及取回原本已付的原始買入價之金額。該補救爲買家對Phillips de Pury & Company Hong Kong Ltd、任何我們關聯公司和賣方之唯一追索權。而該補救也將取代法律上所有其他可行的補救方式。Phillips de Pury & Company Hong Kong Ltd、我們的關聯公司或賣方對買家的損失和損壞超出本保證書條款明確提供的補救(而不論該等損失或損壞是直接或間接,特別、附帶還是隨之發生),或原本買入價的利息支付,無須承擔責任

BUYING AT AUCTIONbr The following pages are designed to offer you information on how to buy at auction at Phillips de Pury Company Hong Kong Ltd. Our staff will be happy to assist you.brbr CONDITIONS OF SALEbr The Conditions of Sale and Authorship Warranty which appear later in this catalogue govern the auction. Bidders are strongly encouraged to read them as they outline the legal relationship between Phillips de Pury Company Hong Kong Ltd, the seller and the buyer and describe the terms upon which property is bought at auction. Please be advised that Phillips de Pury Company Hong Kong Ltd generally acts as agent for the seller.br BUYER'S PREMIUMbr Phillips de Pury Company Hong Kong Ltd charges the successful bidder a commission, or buyer's premium, on the hammer price of each lot sold. The buyer's premium is payable by the buyer as part of the total purchase price at the following rates: 25% of the hammer price up to and including HK400,000, 20% of the portion of the hammer price above HK400,000 up to and including HK8,000,000, and 12% of the portion of the hammer price above HK8,000,000.brbr 1.PRIOR TO THE AUCTIONbr Catalogue Subscriptionsbr If you would like to purchase a catalogue for this auction or any other Phillips de Pury Company Hong Kong Ltd auction, please contact us at 44 20 7318 4010 or 1 212 940 1240.brbr Pre-Sale Estimatesbr Pre-sale estimates are intended as a guide for prospective buyers. Any bid within the high and low estimate range should, in our opinion, offer a chance of success. However, many lots achieve prices below or above the pre-sale estimates. Where 'Estimate on Request' appears, please contact the specialist department for further information. It is advisable to contact us closer to the time of the auction as estimates can be subject to revision. Pre-sale estimates do not include the buyer's premium.br Pre-Sale Estimates in US Dollars and Swiss Francs Although the sale is conducted in Hong Kong Dollars, the pre-sale estimates in the auction catalogues may also be printed in US dollars andor Swiss Francs. Since the exchange rate is that at the time of catalogue production and not at the date of auction, you should treat estimates in US dollars or Swiss Francs as a guide only.brbr Catalogue Entriesbr Phillips de Pury Company Hong Kong Ltd may print in the catalogue entry the history of ownership of a lot, as well as the exhibition history of the lot and references to the lot in art publications. While we are careful in the cataloguing process, provenance, exhibition and literature references may not be exhaustive and in some cases we may intentionally refrain from disclosing the identity of previous owners. Please note that all dimensions of lots set forth in the catalogue entry are approximate.brbr Condition of Lotsbr The absence of reference to the condition of a lot in the catalogue entry does not imply that the lot is free from faults or imperfections. Solely as a convenience to prospective buyers, upon request Phillips de Pury Company Hong Kong Ltd may provide a written report on the condition of a lot. In preparing a condition report, our specialists assess the condition of the lot in a manner appropriate to the estimated value of the lot and the nature of the auction in which it is included. While condition reports are prepared honestly and carefully, our staff are not professional restorers or trained conservators. We therefore encourage all prospective buyers to inspect lots at the pre-sale exhibitions and recommend to prospective buyers, particularly in the case of any lot of significant value, that they retain their own restorer or professional advisor to report to them on the property's condition prior to bidding. Any prospective buyer of photographs or prints should always request a condition report because all such property is sold unframed, unless otherwise indicated in the condition report. If a lot is sold framed, Phillips de Pury Company Hong Kong Ltd accepts no liability for the condition of the frame. If we sell any lot unframed, we will be pleased to refer the buyer to a professional framer.brbr Pre-Auction Viewingbr Pre-auction viewings are open to the public and free of charge. Our specialists are available to answer questions and provide condition reports during pre-auction viewings or by appointment.brbr Electrical and Mechanical Lotsbr All lots with electrical andor mechanical features are sold on the basis of their decorative value only and should not be assumed to be operative. It is essential that, prior to any intended use, the electrical system is verified and approved by a qualified electrician.brbr Symbol Keybr The following key explains the symbols you may see inside this catalogue:brbr No Reservebr Unless indicated by a , all lots in this catalogue are offered subject to a reserve. A reserve is the confidential value established between Phillips de Pury Company Hong Kong Ltd and the seller and below which a lot may not be sold. The reserve for each lot is generally set at a percentage of the low estimate. The reserve placed on a lot will not exceed the low pre-sale estimate of the lot.brbr 931;Endangered Speciesbr Lots with this symbol may require an export, import or endangered species license or permit. Please refer to Paragraph 4 of the Guide for Prospective Buyers and Paragraph 11 of the Conditions of Sale.br The buyer's inability to import any item into the United States or the European Union 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.brbr 8734;Large quantity itembr 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 Phillips de Pury Company Hong Kong Ltd prior to the sale to discuss any specific shipping requirements.brbr 2.BIDDING IN THE AUCTIONbrbr Bidding at Auctionbr Attending the auction is BY INVITATION only. If you wish to bid in person at the auction, please contact the Bid Department by telephone on 44 20 7318 4035 or by email at bidsphillipsdepury.com.br Bids may be executed during the auction in person by paddle or by telephone, or prior to the sale in writing by absentee bid or through Live Auctioneers. Please see the front of the catalogue for further details.brbr Proof of identity in the form of government-issued identification will be required, as will an original signature. We may also require that you furnish us with a bank reference. Phillips de Pury Company Hong Kong Ltd will decide in their own discretion whether to accept the participation of any bidder in the auction, and their decision is final. We recommend that if you are a new client, you complete and return the pre-registration form or absentee or telephone bid form in this catalogue in the manner required therein or contact Phillips de Pury Company Hong Kong Ltd at least 3 working days prior to the auction in order to process the pre-registration. Please bear in mind that we are unable to obtain financial references over weekends or public holidays. brbr Bidding in Personbr To bid in person, you will need to register for and collect a paddle before the auction begins. To register, please contact the Bid Department by telephone on 44 20 7318 4035 or by email at bidsphillipsdepury.com.br All lots sold will be invoiced to the name and address to which the paddle has been registered. Invoices cannot be addressed to a person other than the person who registered for the paddle, at the address given on the in-person registration form. Please do not misplace your paddle. In the event you lose it, please inform a Phillips de Pury Company Hong Kong Ltd staff member immediately. At the end of the auction, please return your paddle to the registration desk.brbr Bidding by Telephonebr If you cannot attend the auction, you may bid live on the telephone with one of our multilingual staff members. This service must be arranged at least 24 hours in advance of the start of the auction and is available for lots whose low pre-sale estimate is at least HK6,000. Please contact the Bid Department by telephone on 44 20 7318 4035 or by email at bidsphillipsdepury.com if you would like to register to bid on the telephone.br Telephone bids may be recorded. By bidding on the telephone, you consent to the recording of your conversation. We suggest that in advance of the auction, you leave a maximum bid, excluding the buyer's premium, which we can execute on your behalf in the event we are unable to reach you by telephone.brbr Absentee Bidsbr If you are unable to attend the auction and cannot participate by telephone, Phillips de Pury Company Hong Kong Ltd will be happy to execute written bids on your behalf. A bidding form can be found at the back of this catalogue. This service is free and confidential. Bids must be placed in Hong Kong dollars. Our staff will attempt to execute an absentee bid at the lowest possible price taking into account the reserve and other bidders. Always indicate a maximum bid, excluding the buyerâs premium. Unlimited bids will not be accepted. Any absentee bid must be received at least 24 hours in advance of the start of the auction. In the event of identical bids, the earliest bid received by Phillips de Pury Company Hong Kong Ltd will take precedence. Please contact the Bid Department by telephone on 44 20 7318 4035 or by email at bidsphillipsdepury.com if you would like to submit an absentee bid. brbr Online Biddingbr Online bidding will be available through Live Auctioneers. Please refer to the front of the catalogue for further details. brbr Employee Biddingbr Employees of Phillips de Pury Company Hong Kong Ltd and our affiliat