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These are the terms and conditions on which Christie's will accept liability for physical loss of, or damage to, the Lots, as referred to in, and incorporated into, paragraph 16 of the Seller’s Agreement.


1. DEFINITIONS

In these terms and conditions:

  • "Christie's" means Christie's International Plc, its subsidiaries and other companies within the corporate group
  • "Seller’s Agreement" means Christie's standard terms and conditions accepted by the Seller
  • "Lot" means an item of property to be offered for sale (or two or more items of property to be offered for sale as a group) as listed in the Schedule to the Seller’s Agreement
  • "Seller" means the Seller’s Agent and the person having full legal title of the Lot
  • "Seller’s Agent" means the person acting as agent on behalf of the Seller except Christie’s

2. GENERAL EXCLUSIONS FROM LIABILITY

Christie's shall not be under any liability for loss, damage or expense attributable to or caused by:

  • 2.1 the wilful misconduct of you, the Seller or the Seller’s Agent
  • 2.2 insufficiency or unsuitability of packing or preparation of the Lot
  • 2.3 moth, vermin, woodworm, wear, tear, gradual deterioration and/or inherent vice
  • 2.4 delay; or
  • 2.5 changes in atmospheric conditions

3. WAR EXCLUSION

Christie's shall not be under any liability for loss, damage or expense attributable to or caused by:

  • (a) war, civil war, revolution, rebellion, insurrection, or civil strife arising therefrom, or any act by or against a belligerent power
  • (b) capture, seizure, arrest, restraint or detainment (piracy excluded), and the consequences thereof or any attempt thereat
  • (c) derelict mines, torpedoes, bombs or other derelict weapons of war; or
  • (d) confiscation, expropriation, detention, destruction, nationalisation, requisition or enforcement by order of any Government, Public, Municipal, Local or Customs Authority

4. TERRORISM EXCLUSION

Notwithstanding any provision to the contrary within these terms and conditions or any addition to them, Christie's shall be under no liability for any loss, damage or expense of whatsoever nature directly or indirectly caused by, resulting from or in connection with any act of terrorism, regardless of any other cause or event contributing concurrently or in any other sequence to the loss, or any action taken in controlling, preventing, suppressing or in any way relating to any act of terrorism.

In these terms and conditions, an "act of terrorism" means an act, including but not limited to the use of force or violence and/or the threat thereof of any person or group of person(s), whether acting alone or on behalf of or in connection with any organisation(s) or government(s), committed for political, religious, ideological or similar purposes including the intention to influence any government or to put the public, or any section of the public, in fear.

5. ENVIRONMENTAL EXCLUSION

Christie's shall be under no liability for any loss, damage or expense directly or indirectly caused by or contributed to by or arising from:

  • (a) ionising radiations from or contamination by radioactivity from any nuclear fuel or any nuclear waste or from the combustion of nuclear fuel
  • (b) the radioactive, toxic, explosive or other hazardous or contaminating properties of any nuclear installation, reactor or any other nuclear assembly or nuclear component thereof
  • (c) any weapon or device supplying atomic or nuclear fission and/or fusion or other like reaction or radioactive force or matter
  • (d) the radioactive, toxic, explosive or other hazardous or contaminating properties of any radioactive matter. The exclusion in this sub-clause does not extend to radioactive isotopes, other than nuclear fuel, when such isotopes are being prepared, carried, store or used for commercial, agricultural, medical, scientific or other similar peaceful purposes; or
  • (e) any chemical, biological, bio-chemical or electromagnetic weapon

6. PAIRS AND SETS

If physical loss of, or damage to, the Lot is recoverable under these terms and conditions, and the Lots are a pair or set, Christie's will pay any consequent depreciation in value on the remainder of the pair or set.

7. PARTIAL DAMAGE

In cases where Lots are partially damaged Christie's liability will be limited to reasonable restoration costs and the diminution in the value of the Lot (taken in its condition as restored), if any, caused by such damage.

8. RESTORATION

Christie's shall be under no liability for any loss of, or damage to, the Lot caused by work done in the course of alteration or any refinishing, renovating, repairing, restoring, reframing or similar process.

9. EXHIBITIONS AND RELATED RISKS

It is agreed that these terms and conditions include all transits and exhibitions, sales, displays or viewings where Christie's send items between their main offices or elsewhere.

10. NOTIFICATION OF LOSS

On the discovery of any event which may give rise to a claim, the Owner must advise Christie's without delay and thereafter give notice in writing within thirty days.

11. CANCELLATION

Christie's obligations are subject to 45 days' notice of cancellation by Christie's. Upon cancellation Christie's shall state reasons for cancellation.

12. ASSIGNMENT OF TITLE

Where a claim is made for the complete physical loss of the Lot and Christie's pays sums to you in respect of that loss, if the Lot is subsequently recovered, you agree that Christie's shall take full legal title to the Lot unless and until such time as you return those sums to Christie's. Where a claim is made for physical damage to the Lot and Christie's pays sums to you on the basis that the Lot was totally damaged, you likewise agree that Christie's shall take full legal title to the Lot.


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