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9 BIDDING PADDLES               AFTER THE CONCLUSION OF SALE     licence or certificate does not ensure the ability
                                                                             to obtain an import licence or certificate in
                                                                             another country. It is the buyer’s responsibility

           (9.1)The Company is entitled to take into   (13.1)Unless the Auctioneer decides to use   to obtain any export or import licences and/


            consideration the particular circumstances   his discretion as set out in Clause 10 above,   or certificates as well as any other required
            of  the  auction  (such  as  its  manner  and   when the Auctioneer strikes the hammer or   documentation. Also please note that there are
            conditions) when setting the conditions and   announces the conclusion of the sale by other   import and export restriction on ivory items and
            procedures for registering bidding paddles.   commonly used means, the contract of sale   It is illegal to import African elephant ivory into
            The Bidder shall register for his bidding paddle   between the Seller and the Purchaser (i.e. the   the United States.
            in accordance with the announcements made   Bidder who offers the highest bid) is formed.
            by the Company prior to the Auction Day.
                                           (13.2)After conclusion of the sale, the Company   14. PAYMENTS

           (9.2)The Company is entitled to refuse the   may use the deposit paid by the Purchaser


            participation in the live auction by a Bidder   to settle or set off  the Hammer Price,  the
            who cannot produce a bidding paddle.  If a   Purchaser’s Commission or other sums payable   (14.1)The Purchaser shall make all payments to

            Bidder has lost his bidding paddle, he must   by the Purchaser to the Company, the Company’  the Company in Hong Kong Dollars.  Unless the
            immediately notify the Company in writing so   s branches, subsidiaries, or parent companies   Company and the Purchaser otherwise agree,
            as to go through the report loss procedure.   (“Purchaser’s Payables”).    where the Purchaser uses currencies other than


           (9.3)  The  bidding  paddle  is  provided  to   (13.3)If the Bidder bids unsuccessfully, the   Hong Kong Dollars, the exchange rate shall be
            the Bidder personally only and cannot be   Company will refund the Bidder the balance of   that of the Buy Rate (with Hong Kong Dollars
            transferred or lent to a third party.  Unless   the deposit (without interest) after deducting   in cash) as announced by the Hongkong and
            the Bidder has gone through the report loss   the handling fees (if applicable) and after the   Shanghai Banking Corporation one Working Day
            procedure, all  the acts committed by  the   Bidder has produced (1) the invoice for deposit   prior to the Purchaser’s payment.  The Company
            holder of the bidding paddle in the auction   that bears the Bidder’s name or the name of his   will charge the Purchaser for the bank’s fees,
            shall be deemed as the acts of the Bidder   agent (if applicable), and (2) the bidding paddle,   commission or other expenses (if any) incurred
            himself.  The Bidder shall be legally liable for   and the Company is entitled to refuse to refund   in relation to currency conversion.
            such acts of bidding.           such amounts to the Bidder before confirming   (14.2)Please note the following information

                                            the Bidder’s identity.  If the Bidder has fulfilled the   regarding  the  payment  policies  of  the
                                            aforesaid conditions, the Company can refund   Company:  During the said period following
            10. DISCRETION OF THE AUCTIONEER  the deposit (paid by cash) immediately. For   the auction, The purchaser must settle the
                                            deposits which are paid otherwise, the Company   payment by (i) cash; (ii) bank transfer; (iii)
                                            will refund the deposits paid by cheques, bank   cheques;    and  (iv)  credit  card(American
           (10.1)  In  the  course  of  the  auction,  the   drafts, wire transmissions or credit cards within 1   Express, MasterCard, UnionPay & Visa).

            Auctioneer has sole discretion:  month after the Auction Day.  All handling fees
                                            incurred from the refund shall be borne by the   It is against the policy of the Company to
              1.  To refuse any bid;                                         accept single or multiple related payments in
                                            Bidder.
              2.  To decide the manner of the auction,   (13.4)After  conclusion  of  the  sale, unless   the form of cash or cash equivalents in excess

                including to withdraw Auction Articles   otherwise agreed in writing, the Purchaser shall   of HK$80,000. New clients or buyers paying in
                from the auction, to split the Auction   within 7 days after the Auction Day fully settle   cash are required to provide proof of identity,
                Articles or combine Auction Articles for   the Hammer Price, the Purchaser’s Commission   such as passport, identity card and proof of
                auction, to raise or lower the bidding   and the Purchaser’s Payables, and collect the   address.
                increment;                                                   Cheques should be made payable to “Tokyo
                                            Auction Article.  If the Purchaser fails to settle
              3.  n case there is any error or dispute, to   such amounts or collect the Auction Article   Chuo Auction Hongkong Company Limited”.
                I
                decide on the successful Bidder, whether   before the expiration of the said time limit for   Although personal and company cheques
                to  continue  the  auction,  cancel  the   whatever reasons, the Company shall be entitled   drawn in Hong Kong dollars from Hong Kong
                auction or restart the auction;   to act in accordance with Clause 16. Irrespective   banks  are  accepted, property  will not be
              4.  To  take  any  other measures  that  the   of whether the Purchaser makes payments   released until such cheques have cleared.
                Auctioneer considers appropriate.  for  the  Auction  Article  and/or  collect  the   Bank  transfers  should  be  made  to  the
                                            Auction Article according to the terms of these   Company. Our bank account details (are shown
                                            Conditions, the Company shall upon the Date of   on our invoices) as follow:
                                            Sale be entitled to the Purchaser’s Commission.
            11. DISPLAY BOARD AND CURRENCY                                   Bank: HSBC Hong Kong

            EXCHANGE DISPLAY BOARD         (13.5)The Purchaser shall be responsible for   Account name: Tokyo Chuo Auction Hongkong
                                            the necessary costs for packaging, moving,
                                            transportation and insurance in relation to   Company Limited
                                            collecting the Auction Article, and pay such   Account number: 023 – 662653 – 838 (HKD)

           (11.1)The Company may use video display   taxes as required under applicable laws or
            board and currency exchange display board   otherwise (such as taxes incurred in relation to   Please include your name, the account number
            during the auction.  The contents displayed   the import and export of the Auction Article).     of the Company and invoice number with your
            thereon, including information such as any   If the Purchaser so requests, the Company can,   instructions to your bank.
            numbers, lot number of the Auction Article,   or appoint other packaging or transportation   For all new clients to the Company or those
            photographs  or  exchange  rates,  are  for   companies to, pack, move and transport the   whom we have not transacted before, credit
            reference only and may be erroneous. The   Auction Article and charge additional  fees   card must be presented in person. In the case a
            Company shall not be liable for any loss caused   for doing so. Under all circumstances,  the   charge is not approved, you will nevertheless be
            by such erroneous information.
                                            Company shall not assume any responsibility   liable to the Company for all sums incurred by
                                            for the damage to or loss of the Auction Article   you.  Credit / debit card payment for Auction or
                                            during its packaging, moving, transportation or   Online Auction may not exceed HK$1,000,000
            12. PROHIBITION ON PHOTOGRAPHY,   otherwise.                     in total (For any inquiries for the payment,
            SOUND RECORDING AND VIDEOTAPING   (13.6)The Purchaser shall be responsible for   please do not hesitate to contact our financial

            AT THE AUCTION                  obtaining any export or import permits in   department directly).
                                            relation to the Auction Article.  The Purchaser   The Company reserves the right to decline
                                            is not allowed to exploit his failure in obtaining   payments received from anyone other than the

           (12.1)Unless with the written consent of the   the required permits in time as an excuse for   buyer of record, and to seek identification of
            Company, no person shall carry out any form   deferring payments or collecting the Auction   the source of funds received. For any payments,
            of photo-shooting, sound recording or video-  Article.           please contact our financial department in
            taping at the venue of the auction during pre-  (13.7) Endangered Species Items and Ivory items   advance for assistance.
            auction exhibition and during the course of   Items made of or incorporating plant or animal
            the auction. The Company is entitled to refuse   material, such as rosewood, coral, crocodile,
            persons who breach this Clause to participate   ivory, whalebone, tortoiseshell may require a   15. TRANSFER OF OWNERSHIP AND RISK
            in the auction or request such persons to leave   licence or certificate prior to exportation and
            the venue.                      require additional licences or certificates upon

                                            importation to any country outside Hong Kong.   (15.1)After conclusion of the auction sale,
                                            Please note that the ability to obtain an export   the ownership of the Auction Article shall
            13. RESPONSIBILITIES OF THE PARTIES                              be  transferred  to  the Purchaser upon  the
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