15 September 2020 • 10:00 PM GMT • New York
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15 September 2020 • 10:00 PM GMT • New York
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Sotheby’s is honored to announce an auction celebrating the history and cultural impact of Hip Hop on 15 September in New York. The first-ever dedicated Hip Hop auction to be presented at a major international auction house, the sale reflects on the impact Hip Hop has had on art and culture from the late 1970s through the “Golden Age” of the mid-1980s to mid-1990s, and up to the present. Featuring over 120 lots, the auction is comprised of unique artifacts, contemporary art, one of a kind experiences, photography, vintage and modern fashion, historic and newly designed jewelry and luxury items, rare ephemera including flyers and posters, important publications, and more. The majority of items on offer in the sale have been consigned directly by artists or their estates, and several consignors are shared portions of their proceeds with a variety of charities.
A portion of Sotheby’s proceeds will benefit the Queens Public Library Foundation, to support their Hip Hop Programs, coordinated by “Uncle” Ralph McDaniels, as well as Building Beats, a non-profit community organization that teaches tech, entrepreneurial and leadership skills to underserved youth through DJ and music programs.
The auction was organized by VP, Senior Specialist Cassandra Hatton in collaboration with Monica Lynch, former president of Tommy Boy Records (1981-1998) who helped launch the careers of legends Afrika Bambaataa & Soulsonic Force, Queen Latifah, De La Soul, and Naughty by Nature, among many others.
Following the guidelines for the Phase Four reopening of Manhattan, we are able to accommodate clients in our building by appointment only. To schedule an appointment to view property from this sale please contact appointmentsNY@sothebys.com or +1 212 606 7171. You can read more about our safety requirements here.
Please note that this sale will offer Advance, Telephone and Online bidding only. In-person Room bidding will not be available for this sale. Registrations for bidding may be submitted via the website, app or by contacting firstname.lastname@example.org.
For assistance with bidding and registration, please contact:
+1 212 606 7000
For all enquiries please contact:
Books & Manuscripts
Books & Manuscripts
+1 212 606 7385
Please note that as of August 1st 2020, Overhead Premium, a fee payable by all auction buyers in our global salerooms and online sales, will be charged at 1% of the hammer price plus any applicable local taxes. It is an allocation of the overhead costs relating to our facilities, property handling and other administrative expenses. This fee and our Buyer’s Premium rates exclude local taxes and any applicable artist’s resale right.
Please note, this item does not come with two duplicate copies as previously stated in the catalogue.
Please note, the radio models mentioned in the catalogue note are not the specific examples used, but rather are examples of the same models.
Please note, the correct negative date is 1985.
Please note this lot has been withdrawn.
Please note that this lot is offered together with a vintage photograph of Questlove sitting at the drumkit
Please note, this installation is made up of 36 original drawings, and not 32 as previously stated.
Please note that this lot is further accompanied by a pencil sketch, seen included in the image for lot 108.
Please note that the pencil sketch titled “Ya Point Phyfe” is not sold with this lot.
Fri, 11 Sep 20 • 10:00 AM - 5:00 PM EST
Sat, 12 Sep 20 • 10:00 AM - 5:00 PM EST
Sun, 13 Sep 20 • 1:00 PM - 5:00 PM EST
Mon, 14 Sep 20 • 10:00 AM - 5:00 PM EST
Tue, 15 Sep 20 • 10:00 AM - 5:00 PM EST
CONDITIONS OF SALE
The following Conditions of Sale and Terms of Guarantee are Sotheby’s, Inc. and the Consignor’s or Experience Provider’s, as applicable, entire agreement with the purchaser and any bidders relative to the property or Experiences listed in this catalogue.
The Conditions of Sale, Terms of Guarantee, the glossary, if any, and all other contents of this catalogue, including the Experience Listing, are subject to amendment by us by the posting of notices or by oral announcements made during the sale. The property will be offered by us as agent for the Consignor, unless the catalogue indicates otherwise. The Experiences will be offered by us as agent for the Experience Provider, unless the catalogue indicates otherwise.
By participating in any sale, you acknowledge that you are bound by these terms and conditions.
“Experience” means each experience listed in this catalogue and offered for sale by Experience Provider on the Sotheby's website; "Experience Listing" means, for each Experience, the catalogue description for such Experience; and “Experience Provider” means, for each Experience, the celebrity talent or personality fulfilling the Experience and any agent or representative thereof facilitating such fulfillment.
1. As Is Goods auctioned are often of some age. The authenticity of the Authorship (as defined below) of property listed in the catalogue is guaranteed as stated in the Terms of Guarantee and except for the Limited Warranty contained therein, all property is sold “AS IS” without any representations or warranties by us or the Consignor as to merchantability, fitness for a particular purpose, the correctness of the catalogue or other images or descriptions of the physical condition, size, quality, rarity, importance, medium, frame, provenance, exhibitions, literature or historical relevance of any property and no statement anywhere, whether oral or written, whether made in the catalogue, an advertisement, a bill of sale, a salesroom posting or announcement, or elsewhere, shall be deemed such a warranty, representation or assumption of liability. We and the Consignor make no representations and warranties, express or implied, as to whether the purchaser acquires any copyrights, including but not limited to, any reproduction rights in any property. We and the Consignor are not responsible for errors and omissions in the catalogue, glossary, or any supplemental material. Sotheby’s will not be responsible or liable for damage to frames and glass coverings, regardless of the cause.
Each Experience is sold “AS IS” without any representations or warranties of any kind by Sotheby’s or the Experience Provider. Without limiting the generality of the foregoing, Sotheby's and the Experience Provider expressly disclaim any express or implied representations or warranties of merchantability or fitness for a particular purpose, representations and warranties as to the condition, size, quality, rarity, importance, provenance, literature or historical relevance of an Experience, or as to the quality, accuracy, timeliness, non-infringing nature, completeness or reliability of any Experience Listing or other description of any Experience and any representations or warranties arising out of course of dealing or usage of trade. No statement anywhere, whether oral or written, whether made in the catalogue, an advertisement, or elsewhere, shall be deemed such a warranty, representation or assumption of liability. Sotheby's and the Experience Provider are not responsible for errors and omissions in any Experience Listing, any redemption voucher, glossary, or any supplemental material. Sotheby's does not plan, host, operate, or fulfill the Experience.
2. Inspection Prospective bidders should inspect the property before bidding to determine its condition, size, and whether or not it has been repaired or restored. Property will be available for viewing by appointment only at our New York premises, or such other location as we may indicate from time to time. You can schedule a viewing as indicated on our website.
3. Buyer’s Premium; Overhead Premium
A buyer’s premium and an overhead premium will be added to the hammer price and are payable by the purchaser as part of the total purchase price. The buyer’s premium is 25% of the hammer price up to and including $400,000, 20% of any amount in excess of $400,000 up to and including $4,000,000, and 13.9% of any amount in excess of $4,000,000. The overhead premium is 1% of the hammer price.
4. Costs and Expenses For each Experience, any incidental costs and expenses such as fees for telephone or Internet connectivity, and materials to be purchased in order to participate in the Experience are the sole responsibility of the purchaser.
5. Experiences Offered Sotheby's reserves the right to withdraw any Experience before, during and after the auction and shall have no liability whatsoever for such withdrawal.
6. Withdrawal We reserve the right to withdraw any property before the sale and shall have no liability whatsoever for such withdrawal.
7. Per Lot Unless otherwise announced by the auctioneer, all bids are per lot as numbered in the catalogue.
8. Purchaser Eligibility You may only participate in the auction if you are eighteen (18) years of age or older and are not barred from participation under applicable law, except with respect to any Experience which includes alcohol, in which case, you must be twenty-one (21) years of age or older. Purchaser may be required to present satisfactory legal documentation that purchaser is at eighteen (18) years of age or twenty-one (21) years of age for any Experience which includes alcohol.
9. Bidding We reserve the right to reject any bid. The highest bidder acknowledged by the auctioneer will be the purchaser. The auctioneer has absolute and sole discretion in the case of error or dispute with respect to bidding, and whether during or after the sale, to determine the successful bidder, to re-open the bidding, to cancel the sale or to re-offer and re-sell the item in dispute. If any dispute arises after the sale, our sale record is conclusive. In person bidding is not available for this auction. Bidders are encouraged to submit bids online on Sothebys.com or through the Sotheby’s App. In order to bid online, you must register an account with Sotheby’s and provide requested information. In our discretion we will execute order or absentee bids and accept telephone bids and online bids via the Online Platforms as a convenience to clients who do not submit their bids online; Sotheby’s is not responsible for any errors or omissions in connection there-with. Prospective bidders should also consult sothebys.com for the most up to date cataloguing of the property in this catalogue.
By participating in the sale, you represent and warrant that any bids placed by you, or on your behalf, are not the product of any collusive or other anti-competitive agreement and are otherwise consistent with federal and state antitrust law.
By participating in the sale, you represent and warrant that:
(a) The bidder and/or purchaser is not subject to trade sanctions, embargoes or any other restriction on trade in the jurisdiction in which it does business as well as under the laws of the European Union, the laws of England and Wales, or the laws and regulations of the United States, and is not owned (nor partly owned) or controlled by such sanctioned person(s) (collectively, “Sanctioned Person(s)”);
(b) Where acting as agent (with Sotheby’s prior written consent), the principal is not a Sanctioned Person(s) nor owned (or partly owned) or controlled by Sanctioned Person(s); and
(c) The bidder and/or purchaser undertakes that none of the purchase price will be funded by any Sanctioned Person(s), nor will any party be involved in the transaction including financial institutions, freight forwarders or other forwarding agents or any other party be a Sanctioned Person(s) nor owned (or partly owned) or controlled by a Sanctioned Person(s), unless such activity is authorized in writing by the government authority having jurisdiction over the transaction or in applicable law or regulation.
In order to bid on “Premium Lots” you must complete the required Premium Lot pre-registration application. Sotheby’s decision whether to accept any pre-registration application shall be final. You must arrange for Sotheby’s to receive your pre-registration application at least three working days before the sale. Please bear in mind that we are unable to obtain financial references over weekends or public holidays.
Sotheby’s may require such necessary financial references, guarantees, deposits and/or such other security, in its absolute discretion, as security for your bid(s).
10. Online Bids via an Online Platform Sotheby’s may offer clients the opportunity to bid on sothebys.com or through the Sotheby’s App, or on any other online platform through which bidding may be made available for selected sales. By participating in a sale via any of the Online Platforms, you acknowledge that you are bound by these Conditions of Sale as well as the Additional Terms and Conditions for Online Bidding (“Online Terms”). By participating in a sale via any Online Platform, Bidders accept the Online Terms, as well as the relevant Conditions of Sale. Online bidding may not be available for Premium Lots.
11. Bids Below Reserve If the auctioneer deter-mines that any opening bid is below the reserve of the article offered, he may reject the same and withdraw the article from sale, and if, having acknowledged an opening bid, he deter-mines that any advance thereafter is insufficient, he may reject the advance.
12. Purchaser’s Responsibility On the fall of the auctioneer’s hammer, the contract between the Consignor or Experience Provider, as applicable and the purchaser is concluded, and the winning bidder thereupon will immediately pay the full purchase price or such part as we may require. Title in a purchased lot will not pass until Sotheby’s has received the full purchase price in cleared funds. The purchaser’s obligation to immediately pay the full purchase price or such part as we may require is absolute and unconditional and is not subject to any defenses, setoffs or counterclaims of any kind whatsoever. Sotheby’s is not obligated to release a lot to the purchaser until title to the lot has passed and any earlier release does not affect the passing of title or the purchaser’s unconditional obligation to pay the full purchase price. In addition to other remedies available to us by law, we reserve the right to impose from the date of sale a late charge of the annual percentage rate of Prime + 6% of the total purchase price if payment is not made in accordance with the conditions set forth herein. Please note Sotheby’s reserves the right to refuse to accept payment from a source other than the buyer of record.
Sotheby’s New York office is currently open on a limited basis by appointment only. All collections and deliveries for purchased property will be handled by Post Sale Services in coordination with purchasers after the auction. Unless otherwise agreed by Sotheby’s, all property must be removed from our or our vendor’s premises (as indicated on the invoice) by the purchaser at his expense not later than 30 calendar days following the auction. Purchasers are reminded that Sotheby’s liability for loss of or damage to sold property shall cease upon the earlier of (a) 30 calendar days after the date of the auction and (b) our release of the property to the purchaser or the purchaser’s designated agent. Upon the expiration of such 30 calendar day period or upon such earlier release, as applicable: (i) the purchaser bears full liability for any and all loss of or damage to the property; (ii) the purchaser releases Sotheby’s, its affiliates, agents and warehouses from any and all liability and claims for loss of or damage to the property; and (iii) the purchaser agrees to indemnify and hold Sotheby’s, its affiliates, agents and warehouses harmless from and against any and all liability for loss of or damage to property and any all claims related to loss of or damage to the property as of and from and after the time Sotheby’s liability for loss or damage to the property ceases in accordance with this paragraph. If any applicable conditions herein are not complied with by the purchaser, the purchaser will be in default and in addition to any and all other remedies available to us and the Consignor or the Experience Provider by law, including, without limitation, the right to hold the purchaser liable for the total purchase price, including all fees, charges and expenses more fully set forth herein, we, at our option, may (x) cancel the sale of that, or any other lot or lots sold to the defaulting purchaser at the same or any other auction, retaining as liquidated damages all payments made by the purchaser, or (y) resell the purchased property, whether at public auction or by private sale, or (z) effect any combination thereof. In any case, the purchaser will be liable for any deficiency, any and all costs, handling charges, late charges, expenses of both sales, our com-missions on both sales at our regular rates, legal fees and expenses, collection fees and incidental damages. We may, in our sole discretion, apply any proceeds of sale then due or thereafter becoming due to the purchaser from us or any affiliated company, or any payment made by the purchaser to us or any affiliated company, whether or not intended to reduce the purchaser’s obligations with respect to the unpaid lot or lots, to the deficiency and any other amounts due to us or any affiliated companies. In addition, a defaulting purchaser will be deemed to have granted and assigned to us and our affiliated companies, a continuing security interest of first priority in any property or money of or owing to such purchaser in our possession, custody or control or in the possession, custody or control of any of our affiliated companies, in each case whether at the time of the auction, the default or if acquired at any time thereafter, and we may retain and apply such property or money as collateral security for the obligations due to us or to any affiliated company of ours. We shall have all of the rights accorded a secured party under the New York Uniform Commercial Code. You hereby agree that Sotheby’s may file financing statements under the New York Uniform Commercial Code without your signature. Payment will not be deemed to have been made in full until we have collected good funds. Any claims relating to any purchase, including any claims under the Conditions of Sale or Terms of Guarantee, must be presented directly to Sotheby’s. In the event the purchaser fails to pay any or all of the total purchase price for any lot and Sotheby’s nonetheless elects to pay the Consignor or the Experience Provider any portion of the sale proceeds, the purchaser acknowledges that Sotheby’s shall have all of the rights of the Consignor or Experience Provider to pursue the purchaser for any amounts paid to the Consignor or Experience Provider, whether at law, in equity, or under these Conditions of Sale.
13. Reserve All lots in this catalogue are offered subject to a reserve, which is the confidential minimum hammer price at which a lot will be sold. No reserve will exceed the low presale estimate stated in the catalogue, or as amended by oral or posted notices. We may implement such reserve by opening the bidding on behalf of the Consignor or Experience Provider and may bid up to the amount of the reserve, by placing successive or consecutive bids for a lot, or bids in response to other bidders. In instances where we have an interest in the lot other than our commission, we may bid up to the reserve to protect such interest. In certain instances, the Consignor or Experience Provider may pay us less than the standard commission rate where a lot is “bought-in” to protect its reserve.
14. Tax Unless exempted by law, the purchaser will be required to pay the combined New York State and local sales tax, any applicable compensating use tax of another state, and if applicable, any federal luxury or other tax, on the total purchase price. The rate of such combined tax is 8.875% in New York City
and ranges from 7% to 8.625% elsewhere in
15. Export and Permits It is the purchaser’s sole responsibility to identify and obtain any necessary export, import, firearm, endangered species or other permit for the lot. Any symbols or notices in the sale catalogue reflect Sotheby’s reasonable opinion at the time of cataloguing and are for bidders’ general guidance only; Sotheby’s and the Consignor or Experience Provider make no representations or warranties as to whether any lot is or is not subject to export or import restrictions or any embargoes.
16. Governing Law and Jurisdiction These Conditions of Sale and Terms of Guarantee, as well as bidders’, the purchaser’s and our respective rights and obligations hereunder, shall be governed by and construed and enforced in accordance with the laws of the State of New York. By bidding at an auction, whether by agent, order or absentee bid, telephone, online or other means, all bidders including the purchaser, shall be deemed to have consented to the exclusive jurisdiction of the state courts of, and the federal courts sitting in, the State of New York. All parties agree, however, that Sotheby’s shall retain the right to bring proceedings in a court other than the state and federal courts sitting in the State of New York.
17. Packing and Shipping Neither we nor our vendors are responsible for the acts or omissions in our or our vendors’ packing or shipping of purchased lots or of other carriers or packers of purchased lots, whether or not recommended by us. Packing and handling of purchased lots is at the entire risk of the purchaser.
18. Limitation of Liability In no event will the aggregate liability of Sotheby’s and the Consignor or the Experience Provider to a purchaser exceed the purchase price actually paid. Links to any third-party websites or resources contained in the Experience Listings or any other descriptions of the Experience or in any redemption vouchers are provided only as a convenience. You acknowledge that the Experience will be fulfilled virtually and that such fulfillment will require you and any participant to use a third-party online platform. Neither Sotheby’s nor the Experience Provider is responsible for the content, products or services on or available from any such websites or platforms or for links displayed on such third-party websites or platforms. Neither Sotheby’s nor the Experience Provider is responsible for any hacking of any such website or platforms. Sotheby’s and the Experience Provider expressly disclaim that the any such website or platform will be free of viruses or other harmful components. You and each participant acknowledge responsibility for and assume all risk arising out of or in connection with your use of any third-party websites or platforms.
Purchaser acknowledges and agrees that purchaser assumes the entire risk arising out of or in connection with purchaser's purchase of and purchaser’s and any participant’s participation in an Experience or otherwise arising out of or in connection with the fulfillment of a purchased Experience.
Without limiting the generality of the foregoing, neither Sotheby's nor the Experience Provider will be liable for any incidental, punitive, special, exemplary or consequential damages, including lost profits, loss of data or goodwill, service interruption, computer damage or system failure or the cost of substitute services or for any injury, damage or harm to any person or entity or to real or personal property, financial or physical loss, death, inconvenience or delay arising out of or in connection with purchaser's purchase of or purchaser or participant’s participation in any Experience or otherwise arising out of or in connection with the fulfillment of a purchased Experience, in each case whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not such person or entity has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose.
Sotheby's explicitly disclaims and you release Sotheby’s from any and all liability for any act or omission of any Experience Provider. Sotheby's cannot control purchaser's or any participant's interaction with any Experience Provider or third party and Sotheby's expressly disclaims and you release Sotheby’s from any liability arising out of or in connection with such interaction.
Under European data protection laws, a client may object, by request and free of charge, to the processing of their information for certain purposes, including direct marketing, and may access and rectify personal data relating to them and may obtain more information about Sotheby’s data protection policies by writing to Sotheby’s, 34-35 New Bond Street, London W1A 2AA, or 1334 York Avenue, New York, NY 10021, Attn: Compliance, or emailing email@example.com.
Please be aware that Sotheby’s may film auctions or other activities on Sotheby’s premises and that such recordings may be transmitted over the Internet via Sotheby’s website and other online platforms. Online and telephone bids may be recorded.
Sotheby's will share participant information with the Experience Provider for purposes of the fulfillment of the Experience. Experience Provider may use participant’s information in connection with the fulfillment of the Experience and in accordance with any of Experience Provider's applicable policies and procedures.
20. Background checks Sotheby’s and the Experience Provider reserve the right to conduct either by itself, or through third party service providers, background checks on you as a purchaser and/or any participants, including criminal background checks. Experience Provider may communicate the findings of any such background check to Sotheby's. You agree to provide any required or applicable signed consents, within one (1) business days from the time Sotheby's contacts you (unless a shorter time is required), to enable Experience Provider or Experience Provider’s third-party service providers to conduct such background checks. This information may include your date of birth and social security number.
21. Participants Subject to the Experience Listing and these Conditions of Sale, the purchaser may offer third parties an opportunity to participate in an Experience (the purchaser, if participating, or any third parties invited by the purchaser to participate in the experience, a “participant”). Whether or not the purchaser is a participant, purchaser shall remain Sotheby’s sole point of contact with respect to scheduling and fulfillment of the Experience. Purchaser is responsible for any breach by any participant of these Conditions of Sale or of any restrictions set forth in any Experience Listing. Participants (other than purchaser) are not third-party beneficiaries under these Conditions of Sale.
In order to participate in an Experience, all participants must be eighteen (18) years of age or older and must not be barred from participation under applicable law, except with respect to any Experience which includes alcohol, in which case, you must be twenty-one (21) years of age or older. Participants may be required to present satisfactory legal documentation with respect to their age. In addition, all other requirements and restrictions and disclaimers governing purchaser's ability to participate in an Experience also apply to all participants. By way of example, if an Experience requires that a background check be performed on the purchaser, all participants must also undergo a background check. If the Experience Provider is not satisfied with the results of the background check, the participant cannot participate in the Experience.
22. No Resale. Experiences cannot be resold. Neither the Purchaser nor any participant is permitted to offer participation in any portion of the Experience for sale.
23. Intellectual Property. As between the Experience Provider, on the one hand, and the purchaser and any purchaser participants, on the other hand, purchaser and each participant agree that the Experience Provider is and shall remain the exclusive owner of all patent, copyright, trade secret, trademark and other intellectual property rights (including name and likeness) in the Experience and the Experience Provider. No license or conveyance of any such rights to purchaser or any participant is granted or implied under these Conditions of Sale or in connection with the fulfillment of the Experience. Neither the purchaser nor any participant is permitted to record, take images of, reproduce, perform publicly, display, transmit, broadcast distribute, all or any portion of the Experience or create derivative works of or based on the Experience. For certain Experiences, participants may receive from the Experience Provider tangible property (such as artwork) or a copy of a musical recording. Such tangible property or recording is subject to the intellectual property rights of third parties, including the Experience Provider and it is the purchaser and any participants responsibility to determine what use is permitted. For the avoidance of doubt, neither you nor any participant may take images of, reproduce, perform publicly, display, transmit, broadcast distribute, all or any portion of such tangible property or recording or create derivative works of or based on such tangible property or recording without obtaining the necessary consents.
24. Additional Agreements Experience Provider may require any purchaser or any participant to enter into an agreement with the Experience Provider. Purchaser acknowledges that if purchaser or any participant fails to do so, purchaser and/or such participant may not be able to participate in the Experience and purchaser may not receive a refund or exchange for the purchase of the Experience. Purchaser and any participants may be required to sign and return a waiver and liability release before purchaser or any participant can participate in an Experience.
25. Experience Scheduling and Fulfillment
Sotheby’s will assist you with the scheduling of the Experience and will act as a liaison between you and the Experience Provider. Experiences cannot be scheduled until Sotheby’s has received full payment of the total purchase price. Experiences must be fulfilled by December 31, 2020, unless otherwise agreed by Sotheby’s, the Experience Provider and the purchaser. Purchaser understands that the Experience Provider may reschedule the experience to accommodate health and safety needs and concerns. A representative from Sotheby’s may be a silent participant during the fulfillment.
Purchaser agrees that it and all participants will abide by all rules and restrictions governing the Experience and set forth in these Conditions of Sale and the Experience Listing, including (but not limited to) adhering to the restrictions placed on the maximum number of participants and prohibitions on recording the Experience.
You understand that Sotheby’s and the Experience Provider reserve the right to cancel the Experience at any time (including during fulfillment): (a) if in Sotheby’s or the Experience Provider’s judgement, the Experience or the fulfillment of the Experience has subjected or may subject Sotheby’s, the Charity or the Experience Provider to any liability, (b) if in Sotheby’s or the Experience Provider’s judgement, the Experience or the fulfillment of the Experience has subjected or may subject Sotheby’s, the Charity or the Experience Provider to any injury, damage or harm, or (c) if the purchaser or any participant does not comply with any requirements noted in these Conditions of Sale or the Experience Listing, including (but not limited) appropriately responding to any information requests or failing to enter into any additional agreements as requested by Sotheby’s or the Experience Provider, or (d) due to the results of any background check or other diligence check on the purchaser or any participant. In the event the sale of an Experience is cancelled for any of the foregoing reasons, Sotheby’s just determine whether the purchaser is entitled to a refund of the purchase price paid based on the applicable facts and circumstances.
Sotheby’s reserves the right to cancel the Experience at any time (including during fulfillment): if in Sotheby’s judgment, (i) Experience Provider cancels or fails to fulfill the Experience; or (ii) Experience Provider fails to fulfill the Experience in accordance with the Experience Listing. In the event the sale of an Experience is cancelled for any of the foregoing reasons, the purchaser will be refunded the purchase price paid.
TERMS OF GUARANTEE
As set forth below and in the Conditions of Sale, for all lots Sotheby’s guarantees that the authorship, period, culture or origin (collectively, “Authorship”) of each lot of property in this catalogue is as set out in the BOLD or CAPITALIZED type heading in the catalogue description of the lot, as amended by oral or written salesroom notes or announcements. Purchasers should refer to the Glossary of Terms, if any, for an explanation of the terminology used in the Bold or Capitalized type heading and the extent of the Guarantee. Sotheby’s makes no warranties whatsoever, whether express or implied, with respect to any material in the catalogue other than that appearing in the Bold or Capitalized heading and subject to the exclusions below.
In the event Sotheby’s in its reasonable opinion deems that the conditions of the Guarantee have been satisfied, it shall refund to the original purchaser of record the hammer price and applicable buyer’s premium and overhead premium paid for the lot by the original purchaser of record.
This Guarantee is provided for a period of five (5) years from the date of the relevant auction, is solely for the benefit of the original purchaser of record at the auction and may not be transferred to any third party. To be able to claim under this Guarantee of Authorship, the original purchaser of record must: (i) notify Sotheby’s in writing within three (3) months of receiving any information that causes the original purchaser of record to question the accuracy of the Bold or Capitalized type heading, specifying the lot number, date of the auction at which it was purchased and the reasons for such question; and (ii) return the Lot to Sotheby’s at the original selling location in the same condition as at the date of sale to the original purchaser of record and be able to transfer good title to the Lot, free from any third party claims arising after the date of such sale.
Sotheby’s has discretion to waive any of the above requirements. Sotheby’s may require the original purchaser of record to obtain at the original purchaser of record’s cost the reports of two independent and recognized experts in the field, mutually acceptable to Sotheby’s and the original purchaser of record. Sotheby’s shall not be bound by any reports produced by the original purchaser of record, and reserves the right to seek additional expert advice at its own expense. It is specifically understood and agreed that the rescission of a sale and the refund of the original purchase price paid (the successful hammer price, plus the buyer’s premium and overhead premium) is exclusive and in lieu of any other remedy which might otherwise be available as a matter of law, or in equity. Sotheby’s and the Consignor shall not be liable for any special, punitive, incidental or consequential damages incurred or claimed, including without limitation, loss of profits or interest.
ADDITIONAL TERMS AND CONDITIONS FOR ONLINE BIDDING
The following terms and conditions (the “Online Terms”) provide important information related to online bidding on sothebys.com or through the Sotheby’s App, or on any other online platform through which bidding may be made available (“Online Platforms”).
These Conditions are in addition to and subject to the same law and our standard terms and conditions of sale, including the authenticity guarantee and any other terms and are not intended in any way to replace them. By participating in this sale via any Online Platform, you acknowledge that you are bound by the Conditions of Sale applicable in the relevant sale and by these additional Conditions.
1. For certain sales, bidders are welcome to submit bids in advance of the live auction (“Advance Bids”) through the Online Platforms. Please note that we reserve the right to amend the starting bid prior to the start of the live auction.
For sales where you can place Advance Bids, you may also input a maximum bid which, upon confirmation, will be executed automatically up to this predefined maximum value in response to other bids including bids placed by Sotheby’s on behalf of the seller, up to the amount of the reserve (if applicable). Please note that reserves may be set at any time before the start of the live auction and your maximum bid may be executed against the reserve once such reserve is set.
The current leading bid will be visible to all bidders; the value and status of your maximum bid will be visible only to you, unless it is the leading bid. If the status of your bid changes, you will receive notifications via email and push (if you have the Sotheby’s App installed) leading up to the live auction. You may raise your maximum bid at any time in advance of the live auction. Once the live auction begins, the auctioneer will open bidding at the current leading bid. The system will continue to bid on your behalf up to your predetermined maximum bid, or you may continue to bid via the Online Platforms during the live auction at the next increment. Upon the closing of each lot, you will receive push notification (if enabled on your device) indicating whether you have won or lost each lot on which you have placed a bid.
Please note in certain circumstances, clients who have been outbid may be reinstated as the leading bidder and would receive notification via email or push notification, if enabled on your device.
By placing Advance Bids on the Online Platforms, you accept and agree that any such bids are final, that you will not be permitted to retract your bid, and that, should your bid be successful, you irrevocably agree to pay the full purchase price, including buyer’s premium, overhead premium and other applicable charges, and all applicable taxes. You may nevertheless lower your maximum bid leading up to the live auction by contacting the Bids Department at +1 212 606 7414, except that you may not lower it to a level lower than the current leading bid.
2. Once it commences, a live auction is by its nature fast-moving and bidding may progress very quickly. The procedure for placing bids during the live auction is therefore a one-step process; as soon as the “Place Bid” button is clicked, a bid is submitted. By bidding online, you accept and agree that bids submitted in this way are final and that you will not under any circumstances be permitted to amend or retract your bid. If a successful bid is sent to Sotheby’s from your computer, electronic or mobile device, you irrevocably agree to pay the full purchase price, including buyer’s premium, overhead premium and any other applicable charges, and applicable taxes.
3. The next bidding increment is shown for your convenience. The auctioneer has discretion to vary Increments for bidders in the auction room and on the telephone, but bidders using Online Platforms may not be able to place a bid in an amount other than a whole bidding increment. All bidding for this sale will be in U.S. Dollars, in respect of New York sales, in Pounds Sterling, in respect of London sales, or in Hong Kong Dollars, in respect of Hong Kong sales, and online bidders will not be able to see the currency conversion board that may be displayed in the auction room.
4. The record of sale kept by Sotheby’s will be taken as absolute and final in all disputes. In the event of a discrepancy between any online records or messages provided to you and the record of sale kept by Sotheby’s, the record of sale will govern.
5. Online bidders are responsible for making themselves aware of all salesroom notices and announcements, which will be accessible on the Online Platforms.
6. Sotheby’s reserves the right to refuse or revoke permission to bid via Online Platforms and to remove bidding privileges during a sale.
7. The purchase information shown in the “My Bids” section of the Sotheby’s App and in the “Account Activity” section of “My Account” on Sothebys.com is provided for your convenience only. Successful bidders will be notified and invoiced after the sale. In the event of any discrepancy between the online purchase information which may or may not be shown in the My Bids section and the invoice sent to you by Sotheby’s following the sale, the invoice prevails. Terms and conditions for payment and collection of property remain the same regardless of how the winning bid was submitted.
8. Sotheby’s is not responsible for any errors or failures to execute bids placed online, including, without limitation, errors or failures caused by (i) a loss of connection to the internet or to the online bidding software by either Sotheby’s or the client; (ii) a breakdown or problems with the online bidding software; or (iii) a breakdown or problems with a client’s internet connection, computer or electronic device. Sotheby’s is not responsible for any failure to execute an online bid or for any errors or omissions in connection therewith.
9. Online bidding will be recorded.
10. In the event of any conflict between these Online Terms and Sotheby’s Conditions of Sale and Terms of Guarantee, Sotheby’s Conditions of Sale and Terms of Guarantee will control.
BUYING AT AUCTION
The following will help in understanding the auction buying process as well as some of the terms and symbols commonly used in an auction catalogue. All bidders should read the Conditions of Sale and Terms of Guarantee in this catalogue, as well as the Glossary or any other notices. By bidding at auction, bidders are bound by the Conditions of Sale and Terms of Guarantee, as amended by any oral announcement or posted notices, which together form the sale contract among Sotheby’s, the seller (Consignor or Experience Provider) of the lot and any bidders, including the successful bidder (purchaser).
1. SYMBOL KEY
Unless indicated by a box (¡à), all lots in this catalogue are offered subject to a reserve. A reserve is the confidential minimum hammer price at which a lot will be sold. The reserve is generally set at a percentage of the low estimate and will not exceed the low estimate of the lot. If any lots in the catalogue are offered without reserve, such lots will be designated by a box (¡à). If every lot in a catalogue is offered without a reserve, the Conditions of Sale will so state and this symbol will not be used for each lot.
○ Guaranteed Property
The seller of lots with this symbol has been guaranteed a minimum price from one auction or a series of auctions. This guarantee may be provided by Sotheby’s or jointly by Sotheby’s and a third party. Sotheby’s and any third parties providing a guarantee jointly with Sotheby’s benefit financially if a guaranteed lot is sold successfully and may incur a loss if the sale is not successful. A third party providing a guarantee jointly with Sotheby’s may provide an irrevocable bid, or otherwise bid, on the guaranteed property. If the Guaranteed Property symbol for a lot is not included in the printing of the auction catalogue, a pre-sale or pre-lot announcement will be made indicating that there is a guarantee on the lot.
△ Property in which Sotheby’s has an Ownership Interest
Lots with this symbol indicate that Sotheby’s owns the lot in whole or in part or has an economic interest in the lot equivalent to an ownership interest.
⋑ Irrevocable Bids
Lots with this symbol indicate that a party has provided Sotheby’s with an irrevocable bid on the lot that will be executed during the sale at a value that ensures that the lot will sell. The irrevocable bidder, who may bid in excess of the irrevocable bid, may be compensated for providing the irrevocable bid by receiving a contingent fee, a fixed fee or both. From time to time, a Sotheby’s shareholder may be an irrevocable bidder. If the irrevocable bidder is the successful bidder, any contingent fee, fixed fee or both (as applicable) for providing the irrevocable bid may be netted against the irrevocable bidder’s obligation to pay the full purchase price for the lot and the purchase price reported for the lot shall be net of any such fees. From time to time, Sotheby’s may enter into irrevocable bid agreements that cover multiple lots. In such instances, the compensation Sotheby’s will pay the irrevocable bidder is allocated to the lots for which the irrevocable bidder is not the successful purchaser. Under such circumstances, the total compensation to the irrevocable bidder will not exceed the total buyer’s premium and other amounts paid to Sotheby’s in respect of any lots for which the irrevocable bidder is not the successful bidder. If the irrevocable bid is not secured until after the printing of the auction catalogue, Sotheby’s will notify bidders that there is an irrevocable bid on the lot by one or more of the following means: a pre-sale or pre-lot announcement, by written notice at the auction or by including an irrevocable bid symbol in the e-catalogue for the sale prior to the auction. From time to time, Sotheby’s or any affiliated company may provide the irrevocable bidder with financing related to the irrevocable bid. In addition, from time to time, an irrevocable bidder may have knowledge of the amount of a guarantee. If the irrevocable bidder is advising anyone with respect to the lot, Sotheby’s requires the irrevocable bidder to disclose his or her financial interest in the lot. If an agent is advising you or bidding on your behalf with respect to a lot identified as being subject to an irrevocable bid, you should request that the agent disclose whether or not he or she has a financial interest in the lot.
⊻ Interested Parties
Lots with this symbol indicate that parties with a direct or indirect interest in the lot may be bidding on the lot, including (i) the beneficiary of an estate selling the lot, or (ii) the joint owner of a lot. If the interested party is the successful bidder, they will be required to pay the full buyer’s premium and overhead premium. In certain instances, interested parties may have knowledge of the reserve. In the event the interested party’s possible participation in the sale is not known until after the printing of the auction catalogue, a pre-sale or pre-lot announcement will be made indicating that interested parties may be bidding on the lot.
◉ Restricted Materials
Lots with this symbol have been identified at the time of cataloguing as containing organic material which may be subject to restrictions regarding import or export. The information is made available for the convenience of bidders and the absence of the symbol is not a warranty that there are no restrictions regarding import or export of the Lot; bidders should refer to Condition 12 of the Conditions of Sale. Please also refer to the section on Endangered Species in the information on Buying at Auction.
Lots with this symbol may, in our opinion, require special handling or shipping services due to size or other physical considerations. Bidders are advised to inspect the lot and to contact Sotheby’s prior to the sale to discuss any specific shipping requirements.
✧ Premium Lot
In order to bid on “Premium Lots” (in print catalogue or in eCatalogue) you may be required to complete a Premium Lot pre-registration application. You must arrange for Sotheby’s to receive your pre-registration application at least three working days before the sale. Please bear in mind that we are unable to obtain financial references over weekends or public holidays. Sotheby’s decision whether to accept any pre-registration application shall be final. If all lots in the catalogue are “Premium Lots”, a Special Notice will be included to this effect and this symbol will not be used.
⊝ US Import Tariff
Please note that this lot is subject to an import tariff. The amount of the import tariff due is a percentage of the value declared upon entry into the United States. The amount of the import tariff is not based on the final hammer price. The buyer should contact Sotheby’s prior to the sale to determine the amount of the import tariff. If the buyer instructs Sotheby’s to arrange shipping of the lot to a foreign address, the buyer will not be required to pay the import tariff. If the buyer instructs Sotheby’s to arrange shipping of the lot to a domestic address, or if the buyer collects the property in person, or if the buyer arranges their own shipping (whether domestically or internationally), the buyer will be required to pay the import tariff. The import tariff is included in the purchase price and, where applicable, sales tax will be added to the purchase price as per our Sales and Use Tax section.
2. BEFORE THE AUCTION
Bidding in advance of the live auction For certain sales, you may bid in advance of the live auction (“Advance Bids”) on sothebys.com or the Sotheby’s App. In order to do so, you must register an account with Sotheby’s and provide requested information. Once you have done so, navigate to your desired lot, and click the “Place Bid” button. You may bid at or above the starting bid displayed on the Online Platforms. Please note that we reserve the right to amend the starting bid prior to the start of the live auction. You may also input your maximum bid which, upon confirmation, will be executed automatically up to this predefined maximum value, in response to other bids, including bids placed by Sotheby’s on behalf of the seller, up to the amount of the reserve (if applicable). The current leading bid will be visible to all bidders; the value and status of your maximum bid will be visible only to you. If the status of your bid changes, you will receive notifications via email and push (if you have enabled push notifications) leading up to the live auction. You may raise your maximum bid at any time in advance of the live auction. Please note in certain circumstances, clients who have been outbid may be reinstated as the leading bidder and will receive notification via email or push notifications (if enabled on your device).
The Catalogue A catalogue prepared by Sotheby’s is published for every scheduled live auction and is available prior to the sale date. The catalogue will help familiarize you with property being offered at the designated auction. Catalogues may be purchased at Sotheby’s or by subscription in any categories. For information, please call +1 212 606 7000 or visit sothebys.com. Prospective bidders should also consult sothebys.com for the most up to date cataloguing of the property in this catalogue.
Estimates Each lot in the catalogue is given a low and high estimate, indicating to a prospective buyer a range in which the lot might sell at auction. When possible, the estimate is based on previous auction records of comparable pieces. The estimates are determined several months before a sale and are therefore subject to change upon further research of the property, or to reflect market conditions or currency fluctuations. Estimates should not be relied upon as a representation or prediction of actual selling prices.
Provenance In certain circumstances, Sotheby’s may print in the catalogue the history of ownership of a work of art if such information contributes to scholarship or is otherwise well known and assists in distinguishing the work of art. However, the identity of the seller or previous owners may not be disclosed for a variety of reasons. For example, such information may be excluded to accommodate a seller’s request for confidentiality or because the identity of prior owners is unknown given the age of the work of art.
Specialist Advice Prospective bidders may be interested in specific information not included in the catalogue description of a lot. For additional information, please contact either a Sotheby’s specialist in charge of the sale (all of whom are listed in the front of the catalogue), or Sotheby’s Client Services Department. You may also request a condition report from the specialist in charge.
Viewing Property will be available for viewing by appointment only at our New York premises, or such other location as we may indicate from time to time. You can schedule a viewing as indicated on our website.
Salesroom Notices Salesroom notices amend the catalogue description of a lot after our catalogue has gone to press. They are posted in the viewing galleries and salesroom or are announced by the auctioneer. Salesroom notices are also posted on the Online Platform for those bidding online. Please take note of them.
Registration Sotheby’s may require such necessary financial references, guarantees, deposits and/or such other security, in its absolute discretion, as security for your bid.
If you are not successful on any lot, Sotheby’s will arrange for a refund (subject to any right of set off) of the deposit amount paid by you without interest within 14 working days of the date of the sale. Any exchange losses or fees associated with the refund shall be borne by you. Registration to bid on Premium Lots
must be done at least 3 business days prior to the sale.
3. DURING THE AUCTION
The Auction Auctions are open to the public without any admission fee or obligation to bid. The auctioneer introduces the objects for sale — known as “lots” — in numerical order as listed in the catalogue. Unless otherwise noted in the catalogue or by an announcement at the auction, Sotheby’s acts as agent on behalf of the seller and does not permit the seller to bid on his or her own property. It is important for all bidders to know that the auctioneer may open the bidding on any lot by placing a bid on behalf of the seller. The auctioneer may further bid on behalf of the seller, up to the amount of the reserve, by placing responsive or consecutive bids for a lot. The auctioneer will not place consecutive bids on behalf of the seller above the reserve.
No Bidding in Person In person bidding is not available for this auction. Bidders are encouraged to submit bids online on Sothebys.com or through the Sotheby’s App.
Absentee Bidding In person bidding is not available for this auction. Bidders are encouraged to submit bids online on Sothebys.com or through the Sotheby’s App. If you do not wish to bid online during the live auction, you may place your bid ahead of time, either via sothebys.com or the App, or by submitting your bid in writing to the Bids Department. Once the live auction opens, when the lot that you are interested in comes up for sale, the auctioneer will execute the bid on your behalf, making every effort to purchase the item for as little as possible and never exceeding your limit. This service is free and confidential.
Advance Bidding For certain sales, where Advance Bids are accepted, if you submit an “Advance Bid” (as described above in “BEFORE THE AUCTION”), and your bid is not executed up to its maximum value before the auction begins, your bid will continue to be executed automatically on your behalf during the live auction up to your predetermined maximum bid. You may also continue to bid via the Online Platforms at the next increment above your maximum bid. Bidders utilizing any online platform are subject to the Online Terms as well as the relevant Conditions of Sale. Online bidding may not be available for Premium Lots.
Telephone Bidding In some circumstances, we offer the ability to place bids by telephone live to a Sotheby’s representative on the auction floor. Please contact the Bid Department prior to the sale to make arrangements or to answer any questions you may have. Telephone bids are accepted only at Sotheby’s discretion and at the caller’s risk. Calls may also be recorded at Sotheby’s discretion. By bidding on the telephone, prospective buyers consent thereto.
Live Online Bidding In person bidding is not available for this auction. Bidders are encouraged to submit bids online on Sothebys.com or through the Sotheby’s App. For information about registering to bid on sothebys.com or through the Sotheby’s App, please see sothebys.com. Bidders utilizing any online platform are subject to the Online Terms as well as the relevant Conditions of Sale. Online bidding may not be available for Premium Lots.
Employee Bidding Sotheby’s employees may bid in a Sotheby’s auction only if the employee does not know the reserve and if the employee fully complies with Sotheby’s internal rules governing employee bidding.
US Economic Sanctions The United States maintains economic and trade sanctions against targeted foreign countries, groups and organizations. There may be restrictions on the import into the United States of certain items originating in sanctioned countries, including Cuba, Iran, North Korea and Sudan. The purchaser’s inability to import any item into the US or any other country as a result of these or other restrictions shall not justify cancellation or rescission of the sale or any delay in payment. Please check with the specialist department if you are uncertain as to whether a lot is subject to these import restrictions, or any other restrictions on importation or exportation.
Hammer Price and the Buyer’s Premium and the Overhead Premium For lots which are sold, the last price for a lot as announced by the auctioneer is the hammer price. A buyer’s premium and overhead premium will be added to the hammer price and are payable by the purchaser as part of the total purchase price. The buyer’s premium and the overhead premium will be the amounts stated in the Conditions of Sale.
Currency Board As a courtesy to bidders, a currency board is operated in many salesrooms. It displays the lot number and current bid in both U.S. dollars and foreign currencies. Exchange rates are approximations based on recent exchange rate information and should not be relied upon as a precise invoice amount. Sotheby’s assumes no responsibility for any error or omission in foreign or United States currency amounts shown.
Results Sale results are available on sothebys.com and on the Sotheby’s App.
International Auctions If you need assistance placing bids, obtaining condition reports or receiving auction results for a Sotheby’s sale outside the United States, please contact our International Client Services Department.
4. AFTER THE AUCTION
Payment If your bid is successful, your invoice will be mailed to you. The final price is determined by adding the buyer’s premium, overhead premium and any other applicable charges to the hammer price on a per-lot basis. Sales tax, where applicable, will be charged on the entire amount. Payment is due in full immediately after the sale. However, under certain circumstances, Sotheby’s may, in its sole discretion, offer bidders an extended payment plan. Such a payment plan may provide an economic benefit to the bidder. Credit terms should be requested at least one business day before the sale. However, there is no assurance that an extended payment plan will be offered. Please contact Post Sale Services or the specialist in charge of the sale for information on credit arrangements for a particular lot. Please note that Sotheby’s will not accept payments for purchased lots from any party other than the purchaser, unless otherwise agreed between the purchaser and Sotheby’s prior to the sale.
Payment by Cash It is against Sotheby’s general policy to accept payments in the form of cash or cash equivalents.
Payment by Credit Cards Sotheby’s accepts payment by credit card for Visa, MasterCard, and American Express only. Credit card payments may not exceed $50,000 per sale. Payment by credit card may be made (a) online at https://www.sothebys.com/en/invoice-payment.html, (b) through the Sotheby’s App, (c) by calling in to Post Sale Services at +1 212 606 7444, or (d) in person at Sotheby’s premises at the address noted in the catalogue.
Payment by Check Sotheby’s New York office is open on a limited basis by appointment only. During such time, Sotheby’s cannot accept payment by check (including, but not limited to, personal, certified, banker’s draft or cashier’s checks).
Payment by Wire Transfer To pay for a purchase by wire trans fer, please refer to the payment instructions on the invoice provided by Sotheby’s or contact Post Sale Services to request instructions.
Sales and Use Tax New York sales tax is charged on the hammer price, buyer’s premium, overhead premium and any other applicable charges on any property picked up or delivered in New York State, regardless of the state or country in which the purchaser resides or does business. Purchasers who wish to use their own shipper who is not a considered a “common carrier” by the New York Department of Taxation and Finance will be charged New York sales tax on the entire charge regardless of the destination of the property. Please refer to “Information on Sales and Use Tax Related to Purchases at Auction” in the back of the catalogue.
Collection and Delivery
Post Sale Services
+ 1 212 606 7444
FAX: + 1 212 606 7043
Sotheby’s New York office is open on a limited basis by appointment only. All collections and deliveries for purchased property will be handled by Post Sale Services in coordination with purchasers after the auction. Unless otherwise agreed by Sotheby’s, all property must be removed from our or our vendor’s premises (as indicated on the invoice) by the purchaser at his expense not later than 30 calendar days following the close of the auction. As a reminder your property cannot be released until payment has been received and cleared.
Shipping Services Sotheby’s offers a comprehensive shipping service to meet all of your requirements. If you received a shipping quotation or have any questions about the services we offer please contact us.
Collecting your Property Sotheby’s New York office is open on a limited basis by appointment only. All collections and deliveries for purchased property will be handled by Post Sale Services in coordination with purchasers after the auction. Unless otherwise agreed by Sotheby’s, all property must be removed from our or our vendor’s premises (as indicated on the invoice) by the purchaser at his expense not later than 30 calendar days following the close of the auction. As a courtesy to purchasers who come to Sotheby’s to collect property, Sotheby’s will assist in the packing of lots, although Sotheby’s may, in the case of fragile articles, choose not to pack or otherwise handle a purchase.
If you are using your own shipper to collect property from Sotheby’s, please provide a letter of authorization and kindly instruct your shipper that they must provide a Bill of Lading prior to collection. Both documents must be sent to Post Sale Services prior to collection.
The Bill of Lading must include: the purchaser’s full name, the full delivery address including the street name and number, city and state or city and country, the sale and lot number.
Sotheby’s will contact your shipper within 24 hours of receipt of the Bill of Lading to confirm the date and time that your property can be collected. Property will not be released without this confirmation and your shipper must bring the same Bill of Lading that was faxed to Sotheby’s when collecting. All property releases are subject to the receipt of cleared funds.
Please see the Conditions of Sale for further details.
Endangered Species Certain property sold at auction, for example, items made of or incorporating plant or animal materials such as coral, crocodile, ivory, whalebone, tortoiseshell, rhinoceros horn, rosewood, etc., irrespective of age or value, may require a license or certificate prior to exportation and additional licenses or certificates upon importation to another country. Sotheby’s suggests that buyers check on their government wildlife import requirements prior to placing a bid. Please note that the ability to obtain an export license or certificate does not ensure the ability to obtain an import license or certificate in another country, and vice versa. It is the purchaser’s responsibility to obtain any export or import licenses and/or certificates as well as any other required documentation. In the case of denial of any export or import license or of delay in the obtaining of such licenses, the purchaser is still responsible for making on-time payment of the total purchase price for the lot.
Although licenses can be obtained to export some types of endangered species, other types may not be exported at all, and other types may not be resold in the United States. Upon request, Sotheby’s is willing to assist the purchaser in attempting to obtain the appropriate licenses and/or certificates. However, there is no assurance that an export license or certificate can be obtained. Please check with the specialist department or the Shipping Department if you are uncertain as to whether a lot is subject to these export/import license and certificate requirements, or any other restrictions on exportation.
The Art Loss Register As part of Sotheby’s efforts to support only the legitimate art market and to combat the illegitimate market in stolen property, Sotheby’s has retained the Art Loss Register to check all uniquely identifiable items offered for sale in this catalogue that are estimated at more than the equivalent of US$1,500 against the Art Loss Register’s computerized database of objects reported as stolen or lost. The Art Loss Register is pleased to provide purchasers with a certificate confirming that a search has been made. All inquiries regarding search certificates should be directed to The Art Loss Register, First Floor, 63-66 Hatten Garden, London EC1N 8LE or by email at firstname.lastname@example.org. The Art Loss Register does not guarantee the provenance or title of any catalogued item against which they search, and will not be liable for any direct or consequential losses of any nature howsoever arising. This statement and the ALR’s service do not affect your rights and obligations under the Conditions of Sale applicable to the sale.
SELLING AT AUCTION
If you have property you wish to sell, Sotheby’s team of specialists and client services representatives will assist you through the entire process. Simply contact the appropriate specialist (specialist departments are listed in the back of this catalogue), General Inquiries Department or a Sotheby’s regional office representative for suggestions on how best to arrange for evaluation of your property.
Property Evaluation There are three general ways evaluation of property can be conducted:
(1) In our galleries
You may bring your property directly to our galleries where our specialists will give you auction estimates and advice. There is no charge for this service, but we request that you telephone ahead for an appointment. Inspection hours are 9:30 am to 5 pm, Monday through Friday.
(2) By photograph
If your property is not portable, or if you are not able to visit our galleries, you may bring in or send a clear photograph of each item. If you have a large collection, a representative selection of photographs will do. Please be sure to include the dimensions, artist’s signature or maker’s mark, medium, physical condition and any other relevant information. Our specialists will provide a free preliminary auction estimate subject to a final estimate upon first-hand inspection.
(3) In your home
Evaluations of property can also be made in your home. The fees for such visits are based on the scope and diversity of property, with travel expenses additional. These fees may be rebated if you consign your property for sale at Sotheby’s. If there is considerable property in question, we can arrange for an informal “walkthrough.”
Once your property has been evaluated, Sotheby’s representatives can then help you determine how to proceed should you wish to continue with the auction process. They will provide information regarding sellers’ commission rates and other charges, auction venue, shipping and any further services you may require.
Sotheby’s also offers a range of other services to our clients beyond buying and selling at auction. These services are summarized below. Further information on any of the services described below can be found at sothebys.com.
Valuations and Appraisals Sotheby’s Valuations and Appraisals Services offers advice regarding personal property assets to trusts, estates, and private clients in order to help fiduciaries, executors, advisors, and collectors meet their goals. We provide efficient and confidential advice and assistance for all appraisal and auction services. Sotheby’s can prepare appraisals to suit a variety of needs, including estate tax and planning, insurance, charitable contribution and collateral loan. Our appraisals are widely accepted by the Internal Revenue Service, tax and estate planning professionals, and insurance firms. In the event that a sale is considered, we are pleased to provide auction estimates, sales proposals and marketing plans. When sales are underway, the group works closely with the appropriate specialist departments to ensure that clients’ needs are met promptly and efficiently.
Financial Services Sotheby’s offers a wide range of financial services including advances on consignments, as well as loans secured by art collections not intended for sale.
Museum Services Tailored to meet the unique needs of museums and non-profits in the marketplace, Museum Services offers personal, professional assistance and advice in areas including appraisals, deaccessions, acquisitions and special events.
Corporate Art Services Devoted to servicing corporations, Sotheby’s Corporate Art Services Department can prepare appraisal reports, advise on acquisitions and deaccessions, manage all aspects of consignment, assist in developing arts-management strategies and create events catering to a corporation’s needs.
INFORMATION ON SALES AND USE TAX RELATED TO PURCHASES AT AUCTION
To better assist our clients, we have prepared the following information on Sales and Use Tax related to property purchased at auction.
Why Sotheby’s Collects Sales Tax Virtually all State Sales Tax Laws require a corporation to register with the State’s Tax Authorities and collect and remit sales tax if the corporation either establishes or maintains physical or economic presence within the state. In the states that impose sales tax, Tax Laws require an auction house, with such presence in the state, to register as a sales tax collector, and remit sales tax collected to the state. New York sales tax is charged on the hammer price, buyer’s premium, overhead premium and any other applicable charges on any property picked up or delivered in New York, regardless of the state or country in which the purchaser resides or does business.
Where Sotheby’s Collects Sales Tax
Sotheby’s is currently registered to collect
sales tax in the following states: Alabama, Arizona, Arkansas, California, Colorado, Connecticut, District of Columbia, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Maine, Maryland, Massachusetts, Michigan, Minnesota, Missouri, Nebraska, Nevada, New Jersey, New Mexico, New York, North Carolina, Ohio, Oklahoma, Pennsylvania, Rhode Island, South Carolina, Tennessee, Texas, Utah, Vermont, Virginia, Washington, Wisconsin and Wyoming. For any property collected or received by the purchaser in New York City, such property is subject to sales tax at the existing New York State and City rate of 8.875%.
Sotheby’s Arranged Shipping If the property is delivered into any state in which Sotheby’s is registered, Sotheby’s is required by law to collect and remit the appropriate sales tax in effect in the state where the property is delivered.
Client Arranged Shipping Property collected from Sotheby’s New York premises by a common carrier hired by the purchaser for delivery at an address outside of New York is not subject to New York Sales Tax, but if the property is delivered into any state in which Sotheby’s is registered, Sotheby’s is required by law to collect and remit the appropriate sales tax in effect in the state where the property is delivered. New York State recognizes shippers such as the United States Postal Service, United Parcel Service, FedEx, or the like as “common carriers”. If a purchaser hires a shipper other than a common carrier to pick up property, Sotheby’s will collect New York sales tax at a rate of 8.875% regardless of the ultimate destination of the goods. If a purchaser utilizes a freight-forwarder who is registered with the Transportation Security Administration (“TSA”) to deliver property outside of the United States, no sales tax would be due on this transaction.
Where Sotheby’s is Not Required to Collect Sales Tax Sotheby’s is not required to collect sales tax on property delivered to states other than those listed above. If the property is delivered to a state where Sotheby’s is not required to collect sales tax, it is the responsibility of the purchaser to self-assess any sales or use tax and remit it to taxing authorities in that state.
Sotheby’s is not required to collect sales tax for property delivered to the purchaser outside of the United States.
Restoration and Other Services Regardless of where the property is subsequently transported, if any framing or restoration services are performed on the property in New York, it is considered to be a delivery of the property to the purchaser in New York, and Sotheby’s will be required to collect the 8.875% New York sales tax.
Certain Exemptions Most states that impose sales taxes allow for specified exemptions to the tax. For example, a registered re-seller such as a registered art dealer may purchase without incurring a tax liability, and Sotheby’s is not required to collect sales tax from such re-seller. The art dealer, when re-selling the property, may be required to charge sales tax to its client, or the client may be required to self-assess sales or use tax upon acquiring the property.
Local Tax Advisors As sales tax laws vary from state to state, Sotheby’s recommends that clients with questions regarding the application of sales or use taxes to property purchased at auction seek tax advice from their local tax advisors.
Important Notice to Purchasers
Sotheby’s New York office is open on a limited basis by appointment only. Auctions conducted during this time will be processed through Post Sale Services as per usual business procedure. All collections and deliveries for purchased property will be handled by Post Sale Services in coordination with purchasers after the auction. Invoices will be issued to the successful party, which will include total purchase price, payment options, and next steps on delivery. Payment is due immediately.
Property Collection All collections and deliveries for purchased property will be handled by Post Sale Services in coordination with purchasers after the auction. Invoices will be issued to the successful party, which will include total purchase price, payment options, and next steps on delivery. During this time, payment for property is still due as per the Conditions of Sale. Post Sale Services will be in touch for future collection scheduling or shipping arrangements.
Property Payment All property must be paid in full before collection or release from any of our or our vendor’s premises. Payment must be made through Sotheby’s New York Post Sale Services by way of our acceptable forms of payment methods mentioned on your invoice. To arrange for payment, please contact Post Sale Services at +1 212 606 7444 or USPostSaleServices@sothebys.com. Payment will not be accepted at any offsite facility. Dealers and resale clients should fill out the appropriate forms where applicable or contact Post Sale Services with any questions.
Loss and Liability Unless otherwise agreed by Sotheby’s, all sold property must be removed from any of our premises or our vendor’s premises by the buyer at their expense no later than 30 calendar days following the auction. Buyers are reminded that Sotheby’s liability for loss or damage to sold property shall cease no later than 30 calendar days after the date of
Collection & Shipping All collections and deliveries for purchased property will be handled by Post Sale Services in coordination with purchasers after the auction.
For any in-person collections at any of our vendor’s premises, please alert Post Sale Services of your proposed collection date, ensure that all outstanding invoices have been paid for, and that you or your agent have the appropriate photo identification upon arrival.
If you are using your own shipper to collect property, please provide a letter of authorization and instruct your shipper to email their bill of lading to email@example.com and ensure the correct collection location is specified.
Sotheby’s can arrange for delivery of your property through one of our contracted vendors or can coordinate pick up at our offsite location with you or your shipper directly. Please contact Post Sale Services at +1 212 606 7444 or USPostSaleServices @sothebys.com to start your collection process.
Important Notice Regarding Packing
As a courtesy to purchasers who come to Sotheby’s to pick up property, Sotheby’s will assist in packing framed paintings. Sotheby’s is unable to remove canvases off stretchers or to roll works on paper. Purchasers are advised to contact an independent painting restorer to pack works in this manner.