Page 357 - 当代艺术·有美：现代艺术·有美：中国书画

Article 55 Export and Import of Lot Article 62 Exemption
Exporting any Lot out of the country or importing into another country or region may be subject The Company, acting as agent of the Seller, shall undertake no liability for any breach of contract
to local legal restrictions and regulations, and the Buyer shall be responsible for getting professional by the Seller or the Buyer.
advice to confirm that the Lot meets the import and export requirements before bidding. The
Buyer shall go through the examination procedures in the case of exporting a cultural relic out of Article 63 Notices
the country according to Laws. In the case of the Lots under the supervision of the Customs of the
People's Republic of China or in the bonded area, the Buyer shall go through the entry formalities The Bidder and the Seller shall notify the Company of their valid and regular means of
by himself or herself in accordance with the relevant provisions of the People's Republic of China communication and address. No change in any of the particulars will be effective until it has
and bear corresponding taxes. The Buyer shall not withdraw the transaction or delay the payment been notified in writing as soon as possible. The Bidder and the Seller shall be liable for any
adverse legal consequences caused by failure to inform the change in writing. All notices referred
by reason of the lack of any license or relevant documents.
in the Conditions and any notice related to the Company's auction shall be delivered by oral
notice in the form of telephone and by written notice in the form of letter, fax, E-mail, instant
Article 56 Remedies for Non-Payment communication, platform push notification, etc. A notice sent by telephone shall be deemed to
In the case that the Buyer fails to make full payment within the period provided in Article 49 be received by the Bidder or the Buyer as long as the Company dials the number agreed by the
hereof, the Company shall be entitled to exercise one or more of the following remedies: Company and the Bidder or provided for creating an online account, regardless of whether the
(1) if following a successful bid, the Buyer fails to make payment within the stipulated period, Bidder or the Buyer receives the call. A notice sent by post shall be deemed to have been sent on
the guarantee money shall not be refunded; in the event that the Buyer fails to pay any one the date on which the Company gives it to post office and received by the addressee via normal
Purchase Price of the Lot within the stipulated period after successful bidding on several Lots mail service. A notice sent by other written methods shall be deemed to be received on the date
with the same one paddle affixed with number, all of guarantee money shall not be refunded; when it is sent.
the Buyer shall accept the requirement to maintain the contract or dismiss the contract and
undertake the relevant responsibilities in accordance with the Conditions. The non-refundable Article 64 Severability
guarantee money (the deposit) mentioned above shall be used in priority to compensate If any provision or part of the Conditions is deemed invalid, unlawful or unenforceable for any
the Company's commission and losses of any expenses, and the remaining part shall be
retained by the Company to compensate the Seller's losses; the Company shall determine reason, the other provisions or parts of the Conditions shall be valid, and the relevant parties shall
the distribution of the remaining guarantee money (the deposit) for losses suffered by several abide by and perform the same.
Sellers; In case of any discrepancy between the Conditions and the current Auction Law of the People's
(2) If within 30 days (including the Sale Date) after a successful bid the Buyer fails to pay the Republic of China and the relevant laws and regulations, the Conditions shall prevail to the
extent that the provisions herein do not violate the prohibitive provisions of the relevant laws
Purchase Price, the Company has the right to charge the Buyer an interest at a rate of 0.03%
per day on the due and unpaid amount until such payment is made fully; to charge the Buyer and regulations. If there is no provision herein and there are provisions in current laws and
the storage fee equals to 0.03% per day of the Hammer Price, unless otherwise agreed by the regulations, provisions of the relevant laws and regulations shall apply. If there is no provision in
Buyer and the Company; the Conditions and the relevant laws and regulations, international practices or Chinese industrial
(3) commence lawsuit proceedings against the Buyer for any damages caused by the Buyer's practices shall prevail.
breach of contract, including the losses of interest on deferred or unpaid payment by the
Buyer, reasonable charges and other related expenses incurred due to litigation (including but Article 65 Settlement of Disputes
not limited to legal costs, attorney fees, travel expenses); If any dispute arises from or is related to participation in the auction pursuant to the Conditions,
(4) exercise a lien on the purchased Lot or other properties of the Buyer which maybe in the all concerned parties shall submit such dispute to Beijing Arbitration Commission for arbitration,
Company's possession for any reason. The Buyer is responsible for all expenses or risks which shall be conducted in accordance with the Commission's arbitration rules in effect at the
occurred during the period of lien. In case the Buyer fails to perform all relevant obligations time of applying for arbitration. The arbitration award and decision will be final and binding upon
hereunder within the period designated, the Company shall have the right to dispose of such both parties. All documents shall be delivered to the mailing address in the Bidding Agreement.
property in accordance with relevant laws and regulations. In case the proceeds cannot cover
the amount outstanding, the Company is entitled to claim for the balance; Article 66 Language
(5) in the event that the Buyer does not make full payment to the Company within 60 days from
the Sale Date, the Company is authorized to cancel or approve the Seller to cancel the sale The Conditions is written in Chinese. The English version is only for reference. In case of any
of the Lot or other Lots sold to the same Buyer at this auction or at any other auctions, and discrepancy between the Chinese version and the English version, the Chinese version shall
reserves the right to claim for the losses caused by the cancellation; prevail.
(6) carry out a re-sale of the Lot by public auction or other ways according to the Conditions
subject to the consent of the Seller. The original Buyer shall be liable to the Seller for the Article 67 Right to Alternation
remuneration/commission and other expenses occurred at such auction as well as expenses The Company reserves the right to make any alternation to the Conditions at its sole discretion at
for re-sale by public auction or other ways. In addition, the original Buyer shall also be liable any time the Company considers proper. The altered version is valid and becomes automatically
for the difference, if the Purchase Price actually received by the Seller for re-sale by public effective on the date it is altered and is to be published in the way the Company considers proper.
auction or other ways of such Lot is lower than the original Purchase Price that would have Any party involved must pay attention to any such alternations of the Conditions and the
been receivable hereunder had the Buyer made the full payment. Company shall under no conditions be liable to any separate notice.
The Company has the right to amend the Conditions by way of notices posted in the saleroom or
Article 57 Remedies for Deferred Collection by way of announcement made by the auctioneer.
In case the Buyer fails to collect the purchased Lot within the period provided in Article 53 hereof,
the Company shall be entitled to exercise one or more of the following remedies: Article 68 Date of Effectiveness
(1) arrange storage of the Lot at the Company or any other places at the Buyer's risk and expense. The Conditions of Business take effect on 1st January 2021.
The Buyer shall not collect the Lot unless the full Purchase Price is paid (package and
transportation at the Buyer's expense); Article 69 Right of Interpretation
(2) exercise a lien on the purchased Lot. After 30 days from the delayed collection by the Buyer,
the Company may, as the case may be, dispose of such Lot in accordance with relevant laws Beijing Cuppar International Auctions Co., Ltd. has the right to interpret the Conditions at its
and regulations and apply the proceeds to reimburse for the amount outstanding owed to the own discretion.
Company including but not limited to fees of storage, insurance premium and transportation.
Chapter IV Miscellaneous
Article 58 Confidentiality
The Company shall be obligated to maintain the confidentiality of any information provided
by the Seller, the Bidder and the Buyer (unless otherwise stipulated by the laws of the People's
Republic of China and the Conditions). The Company shall have the right to, according to
its own judgment, disclose the identity information (including but not limited to name/title,
domicile, identity information) to the other party so that the damaged party can get compensated
through legal proceedings or other lawful means; the Company shall have the right to disclose and
report the identity information of the defaulter to industry associations and credit bureaus.
Article 59 Identification
The Company may identify the Lot if necessary and as the case may be, at the Company's own
discretion. In case of any discrepancy with respect to the condition of such Lot between the
identification and the consignment auction contract, the Company shall be entitled to modify or
rescind the consignment auction contract.
Article 60 Copyright
The Company shall be entitled to take photographs, make illustrations, catalogues or other video
images of any Lot that the Seller has consigned to the Company for auction, and the Company
enjoys the copyrights therein, and has the right to use the same in accordance with the laws.
Article 61 Compensation for Invalidation of Auction
In the event that the auction is invalid as the result of related party's reason, such related party
shall undertake the liability for compensation to cover all losses of the Company. The standard of
compensation shall be the Company's acquirable interest in case of valid auction.