Page 132 - 《盛古吉金》—铜器·造像专场

AUCTION RULES

Chapter I General Provisions period, the consignment contract will be automatically terminated upon expiration of the term thereof. The
Company Reserves the right to dispose of the Lot in any way it deems reasonable if the Seller still fails to collect
Article 1 Governing Law the Lot within 7 days following the ceasing of the consignment contract, in which case the proceeds from such
These Conditions of Business (hereinafter referred to as “these Conditions”) are made in accordance with the disposal shall be collected by the Seller after deduction of all costs and Expenses incurred, if any remaining
Auction Law of the People’s Republic of China, other applicable laws and regulations and international practices. amount exists after such deductions.
Article 2 Definitions and Interpretation
The terms used in these Conditions shall have the following meanings: Article 12 Suspension of Auction
The Company may suspend any auction at any time under any one of the following circumstances:
(1)“Company” means Beijing BoMei Auctions Co., Ltd. (1)The Company has objection to the ownership or authenticity of the Lot;
(2)“Bidder ” means a natural person, legal person or any other organization registered for an auction held by (2)Any third party has objection to the ownership or authenticity of the Lot with undertakings to provide relevant
the Company, having completed necessary formalities and bidding for a Lot or Lots. The Bidder shall meet evidence, make security as required by the Company and take liability for all legal repercussions and losses due to
qualifications and Conditions set forth in applicable laws and regulations of China in respect of buying a Lot or suspension of auction;
Lots. For the purpose of these Conditions, unless otherwise provided herein or the context otherwise requires, (3)The Company and/or any third party has objection to representations made by the Seller or the accuracy
“Bidder” shall include any of its agents. regarding the Seller’s warranty provided in Article 8 hereof;
(3)“Buyer ” means the highest Bidder buying the Lot at an auction held by the Company. (4)The Company and/or any third party has any evidence to prove the Seller has already violated or is to violate any
(4)“Seller ” means a natural person, legal person or any other organization that consigns the Lot to the Company term of these Conditions.
for auction in accordance with these Conditions. For the purpose of these Conditions, unless otherwise provided
herein or the context otherwise requires, “Seller” shall include any of its agents. Article 13 Withdrawal of Lots by Seller
The Seller may withdraw the Lot at any time prior to the Auction Date subject to the Company’s consent and a
(5“Lot ” means any item(s) deposited with the Company for sale at auction in accordance with law. written notice stating the reasons. In the case that the catalogue or any other advertisements of the Lot have
(6)“Auction Date” means, in respect of an auction, the date announced by the Company on which the auction will begun to be printed upon the Seller’s withdrawal, the Seller shall pay an amount equal to 20% of the insured value
officially begin. In the case of any discrepancy between the actual date of auction and the date announced, the of the Lot and other Expenses in connection therewith. In the case that the catalogue or other advertisements
actual date of auction shall prevail. have not been printed, the Seller shall pay an amount equal to 10% of the insured value of the Lot and other
(7“Sale Date” means, in respect of an auction held by the Company, the date on which the auctioneer confirms related Expenses. The Seller shall be liable for any disputes and claims caused by withdrawal of a Lot. The
the sale of any Lot by striking his hammer or in any other public manner. Seller shall indemnify, defend and hold the Company harmless from any and all claims, liabilities and Expenses,
(8)“Hammer Price” means the amount of the highest bid accepted by the auctioneer in relation to a Lot. including without limitation attorney’s fees and court costs, which may be imposed on the Company as a result of
(9)“Proceeds of Sale” means the net amount owed to the Seller equal to Hammer Price less commission pro rata, the aforementioned withdrawal.
all Expenses and any other amounts owed to the Company by the Seller.
(10)“Purchase Price” means the total amount payable by Buyer for its bid, including Hammer Price, commission Article 14 Insured Automatically
Unless otherwise agreed by the Seller and the Company, all the Lots will be automatically covered under the
and other Expenses payable by Buyer as well as the charges caused by Buyer’s defaults. insurance of the Company as soon as the Seller enters into the consignment contract with and delivers the Lot
(11)“Expenses ” means costs and charges , including but not limited to those with respect to Lot to the Company. The insured value shall be based on the Reserve agreed by the Seller and the Company in
insurance,catalogue and other advertisements, packaging, transportation and storage and any other Expenses the consignment contract (if no Reserve is provided, the insured value is the one agreed by both parties; if the
incurred pursuant to relevant laws,regulations and provisions hereof. Reserve is adjusted, the insured value shall be the original Reserve). The insured value is only subject to insurance
(12)“Reserve” means the minimum (confidential) price at which the Seller agrees to sell the Lot. and claims other than the Company’s warranty or guarantee for the value of the Lot and the Hammer Price of the
(13)“Reference Price” means the price of the Lot provided in the catalogue or other descriptive materials and Lot.
estimated prior to the Auction. Subject to possible changes from time to time, the Reference Price can not be
deemed as the fixed sale price. Article 15 Insurance Premium
Unless other wise agreed by the Seller and the Company, the Seller shall pay the Company an insurance premium
Article 3 Scope of Conditions equal to 1% of the Hammer Price of the Lot after sale. In the case that the Lot fails to sell, the insurance premium
The Company organizes auctions pursuant to the laws, regulations and policies of China . These Conditions shall payable by the Seller to the Company shall be 1% of the Reserve.
ensure the benefit of and be binding upon Seller, Bidder, Buyer and any other parties concerned (including but
not limited to the agents of Seller, Bidder and Buyer) participating in an auction held by the Company. Article 16 Insurance Period
In the case that the auction of the Lot succeeds, the insurance period shall be terminated on the 7th day (including
By bidding at an auction held by the Company, whether present in person or by agent, by written bid, telephone the closing date) from the Auction Date or the date when the buyer receives the Lot (whichever is earlier). If
or other means, Bidders shall be deemed to have accepted these Conditions. All disputes between the parties unauctioned or the auction fails, the insurance period will end on the 7th day from the date when the Company
participating in the Company’s auction shall be solved in accordance with the provisions of these Conditions. issues the notice of taking back the Lot.
Article 4 Warranty against Defect
The Company denies any warranty of the authenticity and/or quality of any Lot. Any descriptions, statements and Article 17 Insurance by Seller
In the event that the Seller notifies the Company not to arrange insurance for the Lot in writing, he shall undertake
comments in connection with the Lot provided by the Company shall be for information only and in no way shall to bear all the risks of the Lot and the following liabilities:
they constitute any warranty of the authenticity and/or quality of the Lot. (1)To indemnify and hold the Company harmless from and against any claims or actions incurred or brought by any
All Lots are sold “as is”. The Bidder and/or its agent shall bear the responsibility of inspecting the Lot in person or third party with respect to the losses or damages of the Lot;
through experts designated thereby and shall be legally liable for its bid for any Lot. (2)To indemnify and hold the Company and/or any other parties harmless from and against any losses and
By bidding at an auction held by the Company, the Bidder shall be deemed to have fully inspected the Lot in which Expenses in relation to the losses or damages of the Lot caused for any reason;
they are interested in terms of authenticity and quality thereof and have satisfied themselves as to Condition (3)To notify the terms of indemnity hereunder to any insurer of the Lot.
and value of the Lot. By bidding at auction the Bidder acknowledges that he is willing to bear any possible risk in
bidding and that he has waived the rights of challenging the authenticity and/or quality of the Lot. Article 18 Uninsured
The Company will not be liable for any damages or losses of the Lot caused by natural wear, inherent flaws ,
Article 5 Special Notice inherent or potential defects , inherent material changes, self- combustion, self-warming, oxidation, rust, leakage,
When the auctioneer confirms the highest bid by striking his hammer or in any other public manners at an auction rat - bite, woodworm, changes in atmospheric (climate, temperature or humidity) Conditions or other reasons of
held by the Company, the highest Bidder shall be the Buyer of the Lot and the sale contract concerning the Lot natural changes, or caused by earthquake, tsunami, war, actions similar to war, hostile actions , armed conflicts,
shall come into effect immediately.Whether the purchase confirmation has been signed or not shall have no effect terrorism, rebellion, coup, strike, riots, traffic accident, aviation accident, or nuclear fission, nuclear fusion, nuclear
on the fact that the sale contract has come into effect . At that moment, the fact that the Lot has been lawfully sold weapon, nuclear radiation, or radioactive pollution. The Company will not take liability for any damages to or any
to the highest Bidder shall be accepted by Beijing BoMei Auction Co., Ltd, all Bidders, Seller and Buyer, who shall losses of frames, glass, drawer, bottom mat, trestle, mounting, insert pages, roller or other similar accessories
be entitled to and assume any rights and obligations arising therefrom under laws and these Conditions any party caused for any reason.
failing to perform obligations thereof shall assume relevant legal liabilities.
Any Seller, Bidder, Buyer and other parties concerned participating in an auction held by the Company shall read Article 19 Insurance Indemnity
Any damages or losses of the Lot caused by incidents or disasters covered by insurance the Company purchased
these Conditions carefully and conform to the provisions hereof. All parties shall be liable for their own actions at for the Lot shall be handled in accordance with applicable laws and regulations of the People’s Republic of China
auction and any loss caused by their failure to read the Conditions carefully. regarding insurance. The Company shall pay insurance indemnities less all Expenses incurred by the Company to
The Company Reserves and will under appropriate circumstances practice the right to alter these Conditions, the Seller after the Company obtains such indemnities from the insurance Company.
particularly by the form of a bulletin and /or a per announcement of Auctioneer at auction. Any changes in these
Conditions so made shall supersede all prior agreements. Article 20 Non-Bidding
The Seller shall not bid for any Lot consigned to the Company thereby, nor authorize any other person to bid on
Chapter II Conditions Mainly Concerning the Seller behalf thereof. The Seller shall be liable for and indemnify the Company against any losses and damages caused
Article 6 Consignment procedures when the Company acts as an agent of the by violation of this provision.
Seller to auction its property: Article 21 Commission and Expenses
(1)The Seller as a natural person shall hold a valid identity certificate and enter into a consignment contract with Unless otherwise agreed by the Seller and the Company, the Seller shall authorize the Company to deduct 10% of
the Company; the Hammer Price as commission and other Expenses from the Hammer Price .Never the less the Company acts as
(2)The Seller as a legal person or any other organization shall hold a valid certificate of registration, identity the agent of the Seller, the Seller agrees that the Company may be entitled to the Buyer’s remuneration and other
certificate of legal representative, power of attorney and identity certificate of agent and enter into a consignment Expenses payable by the Buyer in accordance with provisions in Article 47 hereof.
contract with the Company; Article 22 Service Fee for Unsold Lot
(3)When the Seller enters into a consignment contract with the Company, the Company shall be automatically In the case that the auction of the Lot fails due to bidding lower than the Reserve, the Seller shall authorize the
authorized to to exhibit, presentation, produce pictures, illustrations, catalogue, or other forms of images of the Company to charge the Seller a service fee of unsuccessful auction equal to 3% of the Reserve (or the insured
Lot. value if the Reserve is not available) and other Expenses payable by the Seller.
Article 7 The Seller’s Agent Article 23 Payment of Proceeds of Sale
When arranging for consignment on behalf of the Seller, the Seller’s agent shall submit to the Company the In the case that the Buyer makes full payment to the Company in accordance with provisions in Article 48 hereof,
following documents: the Company shall pay the Proceeds of Sale to the Seller in RMB after 35 days of the Sale Date.
(1)If the agent is a natural person, valid identity certificate; Article 24 Deferred Payment
(2)If the agent is a legal person or any other organization, valid certificates of registration, identity certificate of In case the Company does not receive the full payment from the Buyer upon the expiry of payment period under
legal representative, power of attorney issued by such legal person or any other organization to the agent (natural Article 48 hereof, the Company will pay the Proceeds of Sale to the Seller within 7 business days upon receipt of
person) thereof and the identity certificate of the agent (natural person); such full payment from the Buyer.
(3)Power of attorney issued by the Seller to the Seller’s agent through lawful procedures; Article 25 Taxes
The Company has the right to check the above documents in a legal way. The Seller shall be responsible for paying any tax imposed on its Proceeds of Sale in accordance with applicable
Article 8 The Seller’s Warranties laws and regulations. The Company will withhold any tax the Company is obligated to withhold under relevant
The Seller hereby makes irrevocable warranties as follows to the Company and the Buyer with respect to the laws and the Seller shall assist the Company in completing all related formalities and bear corresponding taxes.
consigned Lot: Article 26 Assistance in Collecting Deferred Payments
(1)The Seller has exclusive and absolute ownership and legal right to dispose of the Lot. Without prejudice to The Company shall be authorized by the Seller to collect deferred payment from the Buyer and claim against
any legal interest (including copyright) of any third party, the auction of the Lot will not violate any relevant law or the Buyer for liabilities for breach of contract in the Company’s name at the same time of being arranged for
regulation; consignment. In the event the Buyer fails to make full payment to the Company within 7 days after the Sale Date
(2)The Seller has, to the best of its knowledge, made full and complete disclosure and description to the Company (counting from that day ),the Company is entitled to recover the commission and other Expenses payable by the
with respect to the origin and any flaw or defect of the Lot without any concealment and fabrication; Buyer in accordance with provisions in Article 55 hereof and to take necessary measures ( including but not limited
(3)The Seller shall indemnify and hold the Company and/or the Buyer harmless from and against any claims, losses to entering into litigation, arbitration and any dispute resolution procedures held by the public authorities ) as it
and damages or actions incurred or brought by the actual owner or any third party who claims to be the actual deems practical to assist and/or represent the Seller in collecting deferred payments.
owner of the Lot and all Expenses and costs (including but not limited to attorney’s fees, survey fees and court However, the Seller and Company hereby agree that the aforementioned provisions shall under no circumstance
costs) incurred in connection therewith arising out of or in any way attributable to any breach of above warranties. exclude the right of the Seller to collect deferred payment from the Buyer in person or through any third party or
Article 9 Reserve involve any obligation of the Company to collect deferred payment from the Buyer on behalf of the Seller. The
All Lots are offered subject to a Reserve, unless otherwise agreed by the Seller and the Company. The Reserve Company shall have no responsibilities and liabilities to the Seller in the case of any deferred payment by the
shall be determined by the Seller and the Company in writing and no modification or amendment of the Reserve Buyer.
shall be binding upon the parties unless prior consent of the other party is obtained. Article 27 The Company’s Discretion
In the event that the Lot is not sold in the auction, the Company shall have right to sell such Lot at the Reserve The Company may determine the following matters, as the case may be, upon authorization by the Seller ( at the
after the auction and be entitled to commission therefor from the Seller, except for violating the relevant laws and Seller’s Expenses ):
regulations. (1)To agree special terms on how to make the payment of Purchase Price;
Under no circumstances shall the Company accept any liability for failure in sale due to bidding lower than the (2)To remove, store and arrange insurance for sold Lot；
Reserve at the auction. (3)To settle claims brought by the Buyer or the Seller in accordance with relevant terms and Conditions hereof;
Article 10 The Company’s Discretion (4)Take other necessary steps to collect deferred payment from the Buyer.
The Company may decide on the followings at its absolute discretion: Article 28 Unsold Lot
(1)Explanation and/or appraisal of any Lot made by the catalogue of Lot and/or news media and/or in other ways; In the case that the Lot is not sold, the Seller shall, at the site which the Company at its own discretion considers
(2)Adoption of expert’s opinion; appropriate, take back the Lot within 30 days upon receipt of the Company’s notice ( counting from that day and
(3)The arrangement for illustrations in catalogue, exhibitions and other advertising activities in connection with the packing and shipping at the Seller’s own Expenses) and, pursuant to these Conditions, pay the Company fees
Seller’s Lot and charge rates accrued thereupon; for failed auction and all other Expenses. If the Seller fails to do so within said period, the Company Reserves
(4)Whether the Lot is suitable for the Company to auction; the right to resell the Lot by public auction or in any other way under these Conditions the Company considers
(5)The place, date, Conditions and way of auction. appropriate and pay the Seller the Proceeds of Sale less unsold fees and other Expenses accrued from the first
Article 11 Unauctionable Lot auction and all costs incurred in the resale of the Lot.
After the Seller has entered into the consignment contract with and delivered the Lot to the Company, if for any Article 29 Risks and losses
reason the Company believes that the Lot is not suitable for auction, the Seller shall, at the site which the Company The Seller shall take liability for any risk and/or loss incurred beyond the aforementioned time limits in case of
at its sole discretion considers appropriate,collect the Lot within 30 days from the date of the Company’s notice failure to take back the unauctioned or unsold Lot within said time limits.All risks and Expenses of unsold and/
dispatched (the date when the notice is dispatched shall be counted and the fees for the packaging and handling or unproductive batches shall be borne by the Seller on the thirtieth day after the Company serves the recall
shall be paid by the Seller), in which case the consignment contract made between the Seller and the Company notice or the date when the buyer receives the batch, whichever is earlier. If the Seller requests the Company to
shall cease on the date the Seller collects the Lot. If the Seller fails to collect the Lot during the above- mentioned return the goods within the time limit specified in this clause, and the Company agrees, the Seller shall bear all