Page 182 - 玄礼四方——中国古代玉器

circumstances, the catalogue descriptions and condition reports may serve or stated that an Auction Property is not subject to such a Reserve. In general, the
as reference about certain defects in the Auction Properties. Nevertheless, Reserve is not higher than the low Estimated Price announced or published before
the Bidder should note that the Auction Properties may have other defects not the auction by the Company. If a Reserve has not been set for an Auction Property,
expressly stated in the catalogue or condition reports. unless there already have been bids, the Auctioneer shall have the right, at his or her
4. The information concerning any Auction Property provided to the Bidder, discretion, to decide the starting price, which, however, may not be higher than the
including any forecast information (written or verbal), and any information, low Estimated Price of the Auction Property before the auction.
rules or other reports, commentaries or estimated values contained in the Under no circumstance shall the Company bear any liability in the event that the
catalogues, are not statements of fact, but rather statements of the opinions bids for an Auction Property fail to reach the Reserve at the auction held by the
held by the Company. Such information may be revised at the sole discretion of Company. If the bids for an Auction Property are lower than the Reserve, the
the Company from time to time. Auctioneer shall have the right, at his or her discretion, to sell the Auction Property
5. Neither the Company nor the Seller gives any representations or warranties at a price lower than the Reserve. However, under such a circumstance, the amount
as to whether any Auction Property is subject to any copyright or whether the that the Company shall pay the Seller shall be the amount that the Seller would have
Buyer has bought the copyright in any Auction Property. received had the Auction Property been sold at the Reserve.
6. Subject to Articles 5(1) to 5(5) and the specifi c exemptions contained in Article An Estimated Price is estimated some time before the Auction Date, is not a
6 hereof, the catalogue descriptions and condition reports are made by the defi nitive selling price, and is not legally binding. No Estimated Price may serve as
Company in a reasonable and prudent manner (consistent with the provisions a forecast of the Hammer Price for an Auction Property, and the Company has the
relating to the Company as the Auction Agent) based on (1) the information right to revise from time to time Estimated Price(s) that have already been made.
provided by the Seller to the Company; (2) academic and technical knowledge (if
any); and (3) generally accepted opinions of relevant experts. Article 9 Bidding at Auction
Bidders shall bid through the following methods:
Article 6 Exemption of Liability Toward the Buyer and Limitations 1. The Bidder shall attend the auction in person, and complete the registration and
1. Subject to Article 5 and Articles 6(1) and 6(4) hereof, the Company or the Seller pay a bid deposit before obtaining a paddle as required, subject to Article 10 to
shall not: Article 12 hereof; or
(1) be liable for any errors or omissions in the information provided by the 2. Subject to Article 15 hereof, the Bidder may appoint the Company in writing
Company to the Bidder, whether verbally or in writing, regardless of whether to bid on his or her behalf by a duly completed and signed Telephone Bidding
due to negligence or otherwise; Form of the Company (“Telephone Bidding Form”); or
(2) give any guarantee or warranty to the Bidder, and any implied warranties or 3. The Bidder shall adopt the Live Auction Platform which authorized by the
conditions other than the express warranties given by the Seller to the Buyer Company.
through the Company are excluded (except where it is provided in law that such
liabilities may not be exempted); Article 10 Bidder Registration
(3) be liable to any Bidder for any actions or omissions in respect of any matter Where the Bidder is an individual, he or she shall fi ll in and sign before the Auction
relating to the auction or sale of any Auction Property by the Company (regardless Date the registration documents on the strength of an identity document with
of whether due to negligence or otherwise). photo issued by the government (such as a resident identity card or passport),
2. Unless the Company owns the Auction Property to be sold, it shall not be liable and provide proof of his or her current address (e.g. a utility bill or bank statement);
for any breach of these Conditions by the Seller. where the Bidder is a company or other organization, it shall fill in and sign the
3. Without prejudice to Article 6(1) hereof, the amount of any claim that a Bidder registration documents on the strength of its valid incorporation document, proof
may lodge against the Company or the Seller shall be limited to the Hammer of shareholding and lawful authorization document, and collect a paddle before the
Price of the Auction Property and the Buyer’s Commission. Under no Auction Date. The Company may request the Bidder to present banking information
circumstance shall the Company or the Seller bear any consequential losses for making payment or other proof of fi nancial standing.
incurred by the Buyer.
4. Article 6 hereof does not exempt or restrict the liability of the Company for any Article 11 Paddle
fraudulent misrepresentation made by the Company or the Seller, nor for any The Company may, depending on the auction conditions and auction method,
personal injury or death arising due to the negligence of or an omission by the announce before the Auction Date the conditions and procedures for obtaining a
Company or the Seller. paddle, including but not limited to formulating the qualifi cation conditions necessary
for Bidders to carry out the procedures for obtaining a paddle.
Article 7 Catalogue and Other Descriptions of the Auction Property The Company solemnly reminds the Bidder that a paddle is the sole proof for the
All statements made by the Company about an Auction Property in the catalogue or Bidder to participate in the bidding in person. The Bidder shall keep the same in
in the condition reports, or separately made verbally or in writing, are statements of safe custody and may not lend the same to other persons. In the event it is lost,
opinion only, and shall not be relied upon as statements of fact. Such statements do the Bidder shall promptly carry out the loss report procedures by way of a written
not constitute any representation, warranty or assumption of liability by the Company method approved by the Company.
in any form. The relevant defects and restorations mentioned in the catalogue All of the bidding acts carried out during the auction by a paddle holder, regardless
or the condition report for an Auction Property are for guidance only and shall be of whether he or she has been appointed by the Bidder, shall be deemed as having
reviewed in person by the Bidder or a representative with the relevant knowledge. been done by the paddle registrant himself or herself, and the Bidder shall bear the
The absence of a reference to the above-mentioned information does not mean that legal liability for the acts of such person, unless the paddle registrant has himself
the Auction Property is completely free from defects or has never been restored. or herself carried out with the Company the procedures for reporting the loss of a
Furthermore, even if reference is made to a specifi c defect, this does not mean there paddle by way of a written method approved by the Company, and the paddle in
are no other defects. question is declared void by the Auctioneer on the spot.
Where there is a discrepancy between the tone, colour, texture or shape of an
Auction Property in the catalogue and/or in any other manner of illustration, video Article 12 Bid Deposit
recording or publicity materials and that of the original, due to printing, photographic When the Bidder participates in the Company’s auction, he or she shall pay a
or other such technical reason, the actual Auction Property shall prevail. bid deposit before collecting the paddle. The amount of the bid deposit shall be
Bibliographies cited in any description of an Auction Property by the Company, its announced by the Company before the Auction Date, and the Company has
employees or its agents are for the Bidder’s reference only. The Company will not the right to reduce or waive the bid deposit. If the Bidder fails to buy an Auction
provide the originals or photocopies of the bibliographic publications or other such Property and does not have any amounts owing to the Company, its divisions,
materials, and reserves the right to revise the cited descriptions. affiliates, subsidiaries or parent, or China Guardian, its divisions, affiliates,
subsidiaries or parent, the entire amount of the bid deposit shall be refunded to the
Article 8 Reserve and Estimated Price Bidder without interest within 14 working days after conclusion of the auction. If the
A Reserve is set for all of the Company’s Auction Properties, unless it is indicated Bidder becomes the Buyer, the bid deposit shall automatically be transformed into