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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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