Page 181 - 古董珍玩专场一

CONDITIONS OF BUSINESS

it remains fully unpaid within seven days after Sale Date, unless otherwise of contract by the Buyer or the Seller.
agreed by the Buyer and us;
ᶆ commence lawsuit proceedings against the Buyer for any damages Article 60 Notice in Written
caused by the Buyer’s breach of contract, including but not limited to the Both the Bidder and Seller shall notify us of their valid and regular means
losses of interest on deferred or unpaid payment by the Buyer; of communication and address. No change in any of the particulars will be
ᶇ exercise a lien on the purchased Lot or other properties of the Buyer effective until it has been notified in writing as soon as possible. All notices
which may be in our possession for any reason. The Buyer is responsible for referred in this agreement shall be in writing and shall be delivered by post
all expenses or risks that occurduring the period of lien. In case the Buyer or transmitted by fax. A notice sent by post shall be deemed to have been
fails to perform all relevant obligations herein within the period we designate, sent on the date we give it to the post office and received by the addressee
we shall have the right to dispose of such property in accordance with rele- via normal mail service. A notice sent by fax, shall be deemed to be received
vant laws and regulations. In the case the proceeds cannot cover the amount on the date when it is faxed.
outstanding, we are entitled to claim the balance;
ᶈ in the event that the Buyer does not make full payment to us within 60 Article 61 Severability
days from the Sale Date, the Company is authorized to cancel or approve the If any provision or part of these Conditions is deemed invalid, unlawful or
Seller to cancel the sale of the Lot and/or other Lots sold to the same Buyer unenforceable by a competent agency, these Conditions shall be ineffective
at this auction or any other auctions as applicable, and reserve the right to to the extent of such unlawfulness or unenforceability without invalidating or
claim any losses caused by such cancellation; affecting the validity or enforceability of the remaining provisions of these
ᶉ carry out a re-sale of the Lot by public auction or other ways according to Conditions.
these Conditions subject to the consent of the Seller. The original Buyer shall
be liable to the Seller for the remuneration/commission and other Expenses Article 62 Settlement of Disputes
occurred at such auction as well as all Expenses for re-sale by public auc- If any dispute arises from or is related to participation in the auction pursu-
tions or other ways. In addition, the original Buyer shall also be liable for the ant to these Conditions, all concerned parties shall submit such dispute to a
difference, if the Purchase Price actually received by the Seller for re-sale by competent Chinese court of the place where our company has its domicile
public auctions or other ways of such Lot is lower than the original Purchase unless the Parties have agreed otherwise. Such dispute shall be governed
Price that would have been receivable therein had the Buyer made the full by Chinese laws.
payments.
Article 63 Language
Article 55 Remedies for Deferred Collection This Conditions are written in Chinese and English. The English version is
In case the Buyer fails to collect the purchased Lot within the period pro- only for reference. In case of any discrepancy between the Chinese version
vided in Article 47 herein, we shall be entitled to exercise one or more of the and English version, the Chinese, as the official version, shall prevail.
following remedies:
ᶃ arrange storage of the Lot at our company or any other places at Buyer’s Article 64 Copyright of these Conditions
risk and expense. The Buyer shall not collect the Lot unless the full Purchase These Conditions are made and amended in accordance with Chinese laws
Price is paid (package and transportation at the Buyer’s expense) ; and we shall have its copyright accordingly. Without our prior written con-
ᶄ exercise a lien on the purchased Lot. After 30 days from the delayed col- sent, no party shall use these Conditions for commercial purpose in any way
lection by the Buyer, we may, as the case may be, dispose of such Lot in or manner and shall not copy, transmit, or store any part herein into a search-
accordance with relevant laws and regulations and apply the proceeds to able system.
compensate for the amount outstanding owed to us including but not limited
to fees of storage, insurance, transportation, notarization and all expenses Article 65 Singular and Plural
occurred in connection to disposal of the Lot. The Seller should collect the In the provisions of these Conditions, the singular includes the plural and
balance (if any) at its own expenses. vice versa where the context requires.
Chapter IV Miscellaneous Article 66 Right to alternation
The Company reserves the right to make any alternation to these Conditions
Article 56 Confidentiality at its sole discretion at any time the Company considers proper. The altered
We shall be obligated to maintain the confidentiality of any information pro- version is valid and becomes automatically effective on the date it is altered
vided to us (except otherwise prescribed by laws of People’s Republic of and is to be published in the way the Company considers proper. Any party
China) , and indemnify all legal rights of Seller, Bidder, Buyer and our com- involved must pay attention to any such alternations of these Conditions and
pany against any damages according to the relevant laws and regulations of the Company shall under no conditions be liable to any separate notice.
the People’s Republic of China.
Article 67 Formatted text
Article 57 Identification Unless otherwise agreed by the Company, the consignment auction contract
We may identify the Lot if necessary and as the case may be, at our own mentioned in Article 6 of these Conditions and the cancellation notice men-
discretion. In case of any discrepancy with respect to the status of such Lot tioned in Article 25 should be in the forms provided by the Company. Such
between the identification and the consignment contract, we shall be entitled forms provided by the Company consist of the whole part together with this
to modify or rescind the consignment contract. Condition.
Article 58 Copyright Article 68 Date of Effectiveness
We shall be entitled to take photographs, make illustrations, catalogues or These Conditions of Business take effect on June.1, 2008
other images relating to the Lot consigned to us for auction and shall have
the copyright for such photographs, illustrations, catalogue or other images Article 69 Right to Interpret
mentioned above. We have the right to interpret these Conditions at our own discretion.

Article 59 Exemption
We, acting as agent of the Seller, shall undertake no liability for any breach