Page 133 - 《盛古吉金》—铜器·造像专场

AUCTION RULES

risks, Expenses and losses when the goods leave the place designated by the Company. Generally speaking, the (2)The Buyer pays to the Company full Purchase Price for the Lot;
Company is not responsible for arranging transportation insurance after the goods leave the designated place, (3)The Auction Date (including the Auction Date) expires on the 7th day.
unless the Seller explicitly asks the Company to do so and pay the insurance premium in advance. At the request Article 52 Collection
of the Seller, the Company can assist in returning the goods to the Seller by mail, express delivery or third-party The Buyer shall, at the site the Company at its sole discretion considers appropriate, collect the purchased Lot
transportation. Once the Company delivers the goods to the mailing, express or transportation office or the no later than of the 7th day after Sale Date ( counting from that day ) after having made full payments. In case
Company or any of its employees or branches, the goods shall be deemed to have been returned by the Company of failure to do so, the Buyer shall be solely liable for all risks and losses of the Lot and bear all Expenses for
and collected by the Seller. transportation, storage and insurance in connection therewith due to delayed collection . Nevertheless the Lot
Chapter III Conditions Concerning the Bidder and the Buyer is still preserved by the Company or any other agents on behalf of the Buyer, the Company and its employees or
agents shall not be liable for any losses and damages of the Lot caused for any reason.
Article 30 Catalogue of Lot
At the auction, the Company will prepare a catalogue to introduce in brief the status of the Lot with words and/ Article 53 Package and Transportation
The Company Reserves the right to decide whether to accept the Buyer’s request to arrange packing and
or pictures for the convenience of Bidders and Sellers. The words, Reference Price and pictures contained in the handling service. The Company may arrange packing and handling of the purchased Lot on behalf of the Buyer
catalogue and other images and advertisements of the Lot are for information only and subject to revision before as non - profit services upon its request at the sole risk and loss of the Buyer. Under no circumstances shall the
auction and shall not constitute any warranty of the Company in respect of the authenticity, value, tone, quality Company take any liability for any damages or losses of glass, frames, drawer, bottom mat, trestle, mounting,
and flaw or defect of any Lot. insert pages, roller or other similar accessories arising out of any reason.
Article 31 Uncertainty of Catalogue In the case that the Buyer requires the Company to assist in sending the purchased Lot by mailing, express
In case that the tone, color, graduation and shape shown in catalogue and/or any other illustrations, images and delivery or any other shipping way ( with packing, mailing and transportation at the cost of the Buyer ), once
advertisements differ from those of the original of the Lot due to print, photograph and other technical reasons, the Company does so in that way, the Lot shall be considered as having been received by the Buyer in normal
the original shall apply. procedure. The Buyer shall be liable for all risks during the foregoing process. The Company is not responsible
Any statement and appraisal in any form ( including but not limited to the certificate, catalogue, slide show , for arrangement of shipping insurance, unless the Buyer specifically instructs the Company to do so and bears the
news media ) of any Lot made by the Company and its employees or agents are only for reference and shall not insurance premium.
constitute any guarantee for the Lot. The Company and its employees or agents shall undertake no liability for In addition, the Company shall undertake no liability for any fault, omissions, damages and losses caused by the
any inaccuracy and omission in the statements and appraisal mentioned above. packers or carriers the Company recommended or the Buyer designated.
Article 32 Inspection by Bidders
The Company shall undertake no guarantee for the authenticity and/or quality of the Lot. Any Bidder and/or its Article 54 Export of Lot
The Company will, to the best of its knowledge, identify in catalogue or at auction any Lot prohibited to be
agent shall inspect and investigate the actual status regarding the Lot at his own cost and risk and take any legal exported under the Law of the People’s Republic of China on Protection of Cultural Relics and other relevant
liability for its bidding. The Company strongly advises the Bidders to inspect the original Lot they intend to bid laws and regulations. The Buyer shall be responsible for applying for export license in accordance with Chinese
for personally or with expert assistance or using other methods before the Auction Date. Bidders shall decide laws for the Lot permitted to be exported pursuant to the Law of the People’s Republic of China on Protection of
on the authenticity and quality of the Lot at their own cost and risk with reference to, instead of relying upon, the Cultural Relics and other relevant laws and regulations.
catalogue and other images and advertisements of the Lot.
Article 33 Registration of Bidders Article 55 Remedies for Non-payment
In the case that the Buyer fails to make full payment within the period provided in Article 48 hereof, the Company
To qualify as a Bidder, a natural person shall complete and sign the registration form and receive a bidding shall be entitled to exercise one or more of the following remedies:
number before the Auction Date by presenting a valid identity document, and a legal person or any other (1)If the Buyer fails to pay the purchase price within the specified time after purchasing the goods, the deposit
organization shall complete and sign the registration form and receive a bidding number before the Auction will not be refunded. At the same time, should bear the corresponding responsibility in accordance with the
Date by presenting a valid certificate of registration, identity certificate of legal representative or valid power of provisions of this rule;
attorney. (2)Charge the Buyer an interest at a rate of three ten-thousandths per day on the due and unpaid amount until
The Bidder shall keep the bidding number in a proper manner. Unless a prior written agreement is otherwise such payment is made fully, to the extent it remains unpaid fully for more than 7 days after Sale Date, unless other
reached between the Company and the Bidder, any person who holds the bidding number at auction shall be wise agreed by the Buyer and the Company；
considered to be the relevant Bidder himself/herself. (3)Commence lawsuit, arbitration or other dispute resolution proceedings against the Buyer for any damages
Article 34 Deposit caused by the Buyer’s breach of contract, including but not limited to the losses of interest on deferred or unpaid
The Company will charge a deposit before the Bidder receives bidding number. The amount of deposit will be payment by the Buyer and the attorney fee;
announced before Auction Date . The Company will refund all the deposit mentioned above without interest to (4)Exercise a lien on the purchased Lot or other properties of the Buyer which may be in the Company’s possession
the Bidder within five business days after auction in case the Bidder fails in auction. In the event that the Bidder for any reason. The Buyer is liable for all Expenses and/or risks incurred during the period of lien. In case the Buyer
succeeds at auction, the deposit will be taken as part of Purchase Price ( If the Bidder succeeds in bidding several fails to perform all relevant obligations hereunder within the specified period, the Company shall have the right to
Lots, the Company is entitled to decide that the deposit and/or payment in part received is taken as the Purchase dispose of such property in accordance with relevant laws and regulations of China. In case the proceeds cannot
Price of the specific Lot or Lots ) payable by the Buyer and the balance ( if any ) will be refunded at the time of cover the amount outstanding, the Company is entitled to claim for the balance;
collection. (5)Cancel the sale of the Lot and any other Lot sold to the same Buyer at this auction or at any other auctions and
If there is any doubt or uncertainty concerning the credit standing or ability of any Bidder to implement any Reserve the right to claim for the losses caused by the cancellation;
specific performance, the Company is entitled to ask for relevant proof from the Bidder or commission any other (6)Resell the Lot by auction or other ways in accordance with these Conditions, subject to consent of the Seller.
third party to investigate the said doubt or uncertainty and charge the said Bidder an additional deposit . The The original Buyer shall be liable to the Company for the remuneration/ commission and other Expenses incurred
Company may also charge the Bidder an additional deposit if the Bidder defaulted or showed a poor credit at such auction as well as all Expenses for resale by auction or otherwise. In addition, the original Buyer shall also
standing in any previous auction held by the Company or any other auction organization. Failure to pay such be liable for the shortfall together with all costs, in the event such resale is for less than the original Purchase Price
additional deposit will entitle the Company to refuse participation by the said Bidder in any auction held by the and Buyer’s Expenses for the Lot;
Company. (7)Other appropriate measures.
Article 35 The Company’s Option
The Company may at its discretion forbid any one from participating in any auction held thereby, admission to the Article 56 Remedies for Deferred Collection
In case the Buyer fails to collect the purchased Lot within the period provided in Article 48 hereof, the Company
premises or taking a picture or making a video recording during auction, as the case may be. shall be entitled to exercise one or more of the following remedies:
Article 36 Abnormal Events (1)Arrange storage of the Lot at the Company or any other place at Buyer’s risk and/or Expenses. The Buyer shall
In case of any abnormal events at auction, the Company may take necessary actions as the case may be. In the pay the Lot storage fee equal to 0.3‰ of the Hammer Price of the Lot per day from the 8th day following Sale
case that any dispute arises at auction, the Company may have rights to mediate and settle. Date to the actual collection day and the insurance premium equal to 1% of the Hammer Price of the Lot. The
Article 37 Bidding as Principal Buyer shall not collect the Lot unless the Purchase Price and relevant Expenses are paid in full ( package and
Any person who bids shall be deemed as principal, unless the Bidder presents to the Company a written certificate transportation at the Buyer’s expense );
showing that it is the agent of a principal and subject to the Company ’s approval in writing before Auction Date (2)Exercise a lien on the purchased Lot. After 30 days of delayed collection by the Buyer, the Company may, as the
. When arranging for bidding, the Bidder’s agent shall present to the Company the original power of attorney case may be, dispose of such Lot and use the proceeds to compensate for the amount outstanding owed to the
and a copy of the valid identity certificate of the Bidder and its agent each while the Company will examine the Company including but not limited to storage, insurance and transportation costs.
original of such identity certificate. The power of attorney issued by a Bidder shall indicate the name of the agent,
authorized items, acting authority and period. Chapter IV Miscellaneous
Article 38 Commission Bids Article 57 Confidentiality
The Bidder shall in principle attend the auction personally; otherwise it may give the Company a commission in The Company shall be obligated to maintain the confidentiality of any information provided to it by Seller, Bidder
writing or in any other way approved by the Company to bid on its behalf. The Company shall have the right but and Buyer and indemnify and hold Seller, Bidder, Buyer and the Company harmless from and against any damages
no obligation to accept such commission. to their legitimate rights and interests in accordance with relevant laws and regulations of the People’s Republic
Article 39 Procedures of Commission Bids of China and these Conditions.
The Bidder who intends to give the Company a commission to bid on its behalf shall present the Company with a Article 58 Identification
written authorization certificate and hand in a deposit in accordance with provisions in Article 34 hereof within the The Company may identify or re-identify the Lot as it deems necessary at the Company's own discretion at any
specified period ( not later than 24 hours before Auction Date ) . Otherwise, the Company has the right to reject time ( including but not limited after the delivery of the Lot to the Buyer, the payment of Proceeds of Sale to
the commission. the Seller from the Company ) after entering into the consignment contract with the Seller. The identification
Article 40 Cancellation of Commission Bids items may include its maker, date, name, type, material, Condition, flaw and size. In case of any discrepancy with
The Bidder who entrusts the Company to bid on its behalf shall inform the Company of cancellation in writing not respect to the status of such Lot between the identification results and the consignment contract, or the damage
later than 24 hours before Auction Date. to the Company's reputation, the Company shall be entitled to terminate or modify the consignment contract.
Article 41 Non-liability of Commission Bids In the case that the consignment contract has been fulfilled, the Seller should return the Proceeds of Sale to the
Since the Company charges no fee for bidding on behalf of the Bidder in the case that the Bidder can not attend Company. The Seller shall assume compensation liability according to the rules for any violation of warranties in
the auction personally, the Company shall not be liable for any failure in bidding or any negligence or fault in the Article 8.
commission bids. Article 59 Copyright
Article 42 Principle of Priority The Company shall be entitled to take photographs, make illustrations or produce catalogues or other images
In the event that two or more Bidders entrust the Company to bid on their behalf for the same Lot and succeed relating to the Lot consigned to the Company for auction and shall have the copyright in such photographs,
with the same commission price, the Bidder whose authorization certificate was first received by the Company illustrations, catalogues or other images mentioned above.
shall be the Buyer of the Lot. Article 60 Exemption
Article 43 Auctioneer’s Discretion The Company shall undertake no liability for any breach of contract by the Buyer or the Seller. The Company may
The auctioneer is entitled to represent the Company to increase or decrease the bidding ladder, refuse any bid, or at its sole discretion disclose the name and address of the Buyer or the Seller to the other party to enable that
restart auction in case any dispute arises. party to commence legal proceedings to recover the losses, provided that, prior to such disclosure, the Company
Article 44 Screen of Video Images takes reasonable steps to notify the party whose information will be so disclosed.
At some auctions, there will be a video screen or other screens in operation for the convenience of Bidders, which Article 61 Notice
are only for reference. However, there might be errors on the screen. The Company shall not be liable for any Both the Bidder and the Seller shall notify the Company of their valid and regular contact information. Any change
losses and damages caused by such errors in amounts, serial number or pictures of the Lot, or foreign exchange in such contact information shall be notified in writing to the Company as soon as possible. All notices referred to
rate. in these Conditions shall be in writing and delivered by mail or fax. A notice sent by mail shall be deemed to have
Article 45 Successful Bid been delivered and received by the addressee via normal mail service on the date when the Company gives the
When the highest bid is confirmed by the auctioneer ’s hammer striking or in any other public manner, the Bidder notice to the post office. A notice sent by fax shall be deemed to be received on the date when it is faxed.
offering the highest bid shall succeed in the auction and the sale contract concerning the Lot shall come into Article 62 Serviceability
effect immediately. The said highest Bidder of the Lot will be the Buyer of the Lot. Rights and obligations of parties participating in an auction held by the Company shall be subject to these
Article 46 Auction Record Conditions.
The Company will prepare a written record with respect to the auction signed by the auctioneer and the recorder. If any provision or part of these Conditions is deemed invalid, unlawful or unenforceable by a competent
At the auction, for the convenience of the Buyers’ payment and so on, the Buyer shall sign the purchase agency, these Conditions shall be ineffective to the extent of such unlawfulness or unenforceable ability without
confirmation showing the successful bid after the highest bid is confirmed by the auctioneer’s hammer striking invalidating or affecting the validity or enforce ability of the remaining provisions of these Conditions.
or in any other public manner. Signing the purchase confirmation is one of the proofs that the sale contract In case of any discrepancy between these Conditions and any relevant law or regulation currently in force, these
concerning the Lot has come into effect. Conditions shall prevail if they do not violate any prohibitive provisions of such laws and regulations. Any matters
Article 47 Remuneration and Expenses not covered by these Conditions shall be governed by existing laws and regulations applicable thereto, if any, or
The Buyer shall pay the Company a remuneration equal to 15% of Hammer Price and other Expenses payable subject to domestic or international trade practices if such matters are not covered by these Conditions or any
by the Buyer hereunder and acknowledge that the Company is entitled to charge commission and other costs existing laws or regulations.
payable by the Seller under Article 21 hereof. Article 63 Dispute Resolution
Article 48 Payment Any dispute arising between parties participating in an auction held by the Company under these Conditions shall
The Buyer shall make full payments in a lump sum and collect the Lot ( packaging and handling at the Buyer’s be referred to a Chinese court whose jurisdiction covers the business address of the Company, unless the par ties
expense ) within 7days following the Sale Date; otherwise the Buyer shall be liable for breach of contract. have agreed otherwise. Such disputes shall be governed by the laws of the People’s Republic of China.
Article 49 Currency Article 64 Language
All payments shall be made in the currency designated by the Company. In the event that the Buyer makes These Conditions are written in Chinese and English. The English version is only for reference. In case of any
payments in a currency other than the designated one, the currency shall be converted at the rate agreed upon by discrepancy between Chinese version and English version, the Chinese, as the official version, shall prevail.
the Buyer and the Company or at the rate announced by the People’s Bank of China one (1) business day prior to Article 65 Right of amendment
the payment . The Buyer shall reimburse the Company for any bank charges , commission and other Expenses for All amendments to this rule belong to the Company, which has the right to amend this rule at any time according
converting the currency into RMB. to the actual situation, and the revised version of this rule will automatically apply from the date of amendment.
Article 50 Passing of Title If the rules are amended, the Company will promptly draw up a formula according to the law in a way that the
The Buyer will acquire ownership of the Lot after having paid Purchase Price in full and picking up the Lot. Company deems appropriate, and ask all parties concerned to pay attention to it. The Company has the right to
Article 51 Transfer of Risks give no separate notice.
After a successful bid, any Lot purchased shall become at the Buyer’s sole risk when, whichever is earlier: Article 66 Right to Interpret
(1)The Buyer collects the Lot purchased; Beijing BoMei Auctions Co., Ltd. has the right to interpret these Conditions at its own discretion.