Page 183 - 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 the deposit for payment of the Purchase Price of the Auction Property. the Reserve, by making a bid, by making consecutive bids or by making bids in
as reference about certain defects in the Auction Properties. Nevertheless, Reserve is not higher than the low Estimated Price announced or published before response to the bids of other Bidders;
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, Article 13 Discretion of the Company 6. to take other actions that he or she reasonably deems appropriate.
expressly stated in the catalogue or condition reports. unless there already have been bids, the Auctioneer shall have the right, at his or her The Company has the right, at its discretion, to refuse anyone from participating
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 in the auction held by the Company, entering the auction venue, or taking photos, Article 19 No Reserve
including any forecast information (written or verbal), and any information, low Estimated Price of the Auction Property before the auction. audio recordings or video recordings, etc. in the auction venue. For those Auction Properties without a Reserve, unless there are bids, the
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 Auctioneer shall have the right, at his or her own discretion, to decide the starting
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 Article 14 Bidding as Principal price. If there are no bids at such price, the Auctioneer will, at his or her own
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 Unless a particular Bidder has presented written proof to the Company indicating discretion, lower the price and continue the auction until a Bidder starts to bid,
the Company from time to time. Auctioneer shall have the right, at his or her discretion, to sell the Auction Property that he or she is the agent of a particular Bidder and the same has been approved whereupon he will increase the price from there and continue the auction.
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 in writing by the Company, each Bidder shall be deemed to be the Bidder himself or
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 herself. Article 20 Image Display Panel and Currency Conversion Display Panel
Buyer has bought the copyright in any Auction Property. received had the Auction Property been sold at the Reserve. For the convenience of Bidders, the Company may use image projection or other
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 Article 15 Telephone Bids manner of display panel during the auction. The information shown thereon shall
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 The Bidder shall attend the auction in person. If he or she cannot attend in person be provided for reference only. Regardless of whether there may be errors in the
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 or by way of an agent, he or she may appoint the Company in writing using the information, such as the amount, reference number of an Auction Property, 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. Telephone Bidding Form to bid on his or her behalf. The Company shall have the picture of an Auction Property or reference foreign exchange amount, etc., shown
provided by the Seller to the Company; (2) academic and technical knowledge (if discretion to decide whether or not to accept such an appointment. on the image projection or other manner of display panel, the Company shall not be
any); and (3) generally accepted opinions of relevant experts. Article 9 Bidding at Auction If the Bidder wishes to appoint the Company to bid on his or her behalf, he or she liable for any losses arising as a result thereof.
Bidders shall bid through the following methods: should have completed the appointment procedures of the bids by the prescribed
Article 6 Exemption of Liability Toward the Buyer and Limitations 1. The Bidder shall attend the auction in person, and complete the registration and deadline (no later than 24 hours before the Auction Date), present a duly completed Article 21 Successful Sale
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 and signed Telephone Bidding Form to the Company, and paid the bid deposit Upon the confi rmation of the highest bid by the striking of the hammer or otherwise
shall not: Article 12 hereof; or pursuant to these Conditions. by the Auctioneer, such Bidder’s bid shall be the successful bid, indicating that he 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 If, having appointed the Company to bid on his or her behalf, the Bidder wishes to she has become the Buyer of the Auction Property, and that a binding sales contract
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 cancel the appointment, he or she shall notify the Company in writing no later than has been concluded between the Seller and the Buyer.
due to negligence or otherwise; Form of the Company (“Telephone Bidding Form”); or 24 hours before the Auction Date.
(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 Article 22 Commission and Charges
conditions other than the express warranties given by the Seller to the Buyer Company. Article 16 Outcome of Telephone Bid Once the Bidder has made a successful bid, he or she becomes the Buyer of
through the Company are excluded (except where it is provided in law that such If the Bidder has appointed the Company to bid on his or her behalf, the bid the Auction Property. The Buyer shall pay to the Company a commission to be
liabilities may not be exempted); Article 10 Bidder Registration outcome and relevant legal liabilities shall be borne by him or her. calculated as follows: For each Auction Property, those part of Hammer Price which
(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 The Bidder shall accurately provide the instant communication method (such as is HKD5 million or below, the commission shall be equivalent to 20% of the Hammer
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 mobile phone number) and keep such instant communication instrument in safe Price; for each Auction Property whose Hammer Price exceeds HKD5 million, the
of whether due to negligence or otherwise). photo issued by the government (such as a resident identity card or passport), custody. While the Company is appointed to bid on the behalf of the Bidder, the commission applicable to those part of the Hammer Price between HKD5 million
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); Bidder shall personally use the instant communication instrument. In event of loss to HKD20 million shall be equivalent to 17% thereof and the commission applicable
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 of, or loss of the control of, the instant communication instrument in question, the to those part of the Hammer Price above HKD20 million shall be equivalent to 14 %
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 Bidder shall promptly revise by way of a written method approved by the Company thereof. The Buyer shall also pay to the Company other Buyer Charges, and accepts
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 the instant communication method provided on the Telephone Bidding Form. that the Company may charge the Seller a commission and other Seller charges in
Price of the Auction Property and the Buyer’s Commission. Under no Auction Date. The Company may request the Bidder to present banking information While the Company is appointed to bid on the Bidder’s behalf, it will (use timely accordance with the Conditions of Business for Sellers.
circumstance shall the Company or the Seller bear any consequential losses for making payment or other proof of fi nancial standing. and appropriate effort) to contact the Bidder, and all of the bidding information
incurred by the Buyer. transmitted by the instant communication instrument (regardless of whether it Article 23 Taxes
4. Article 6 hereof does not exempt or restrict the liability of the Company for any Article 11 Paddle is transmitted by the Bidder himself or herself or the Bidder’s Agent) shall be All the monies paid to the Company by the Buyer shall be the net amount, exclusive
fraudulent misrepresentation made by the Company or the Seller, nor for any The Company may, depending on the auction conditions and auction method, deemed as having been transmitted by the Bidder himself or herself, and the of any tax on goods, tax on services or other value added tax (whether levied by
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 Bidder shall be legally liable for the actions thereof, unless the Buyer has himself or Hong Kong or another region). If any taxes or levies are applicable to the Buyer, he
Company or the Seller. paddle, including but not limited to formulating the qualifi cation conditions necessary herself altered by way of a written method approved by the Company the instant or she shall solely bear the same in accordance with the relevant laws currently in
for Bidders to carry out the procedures for obtaining a paddle. communication method provided on the Telephone Bidding Form. Nevertheless, force.
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 under no circumstance shall the Company be liable for any unsuccessful attempt
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 to make contact or for any errors or omissions in the bids made using the instant Article 24 Payment Deadline
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, communication instrument in question. Unless otherwise agreed in writing, after a sale, the Buyer shall pay the Purchase
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 Price in full to the Company and collect the Auction Property within seven days from
not constitute any representation, warranty or assumption of liability by the Company method approved by the Company. Article 17 Disclaimer of Liability for Telephone Bid the Sale Date, regardless of any export, import or other permit regulations for the
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 Given that telephone bidding is a free service provided by the Company to the Auction Property. All packing and handling charges, freight and insurance charges,
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 Bidder for the purpose of transmitting bidding information, neither the Company export related charges, etc. involved, if any, shall be paid by the Buyer together with
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 nor its employees shall be liable for unsuccessful bids or any errors, omissions, the foregoing.
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 negligence, fault or inability to bid on the Bidder’s behalf arising in the course of the
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 bidding on the Bidder’s behalf. Article 25 Payment Currency
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 All monies shall be paid in Hong Kong dollars. If the Buyer pays in a currency other
are no other defects. question is declared void by the Auctioneer on the spot. Article 18 Discretion of the Auctioneer than the Hong Kong dollar, the same shall be converted at the exchange rate agreed
Where there is a discrepancy between the tone, colour, texture or shape of an The Auctioneer shall have the absolute right of discretion in respect of the following between the Buyer and the Company or at the exchange rate for the Hong Kong
Auction Property in the catalogue and/or in any other manner of illustration, video Article 12 Bid Deposit matters: dollar and the currency in question posted by The Hong Kong & Shanghai Banking
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 1. to refuse or accept any bid; Corporation Ltd. one working day prior to the date of payment by the Buyer. All
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 2. to conduct the auction in the manner he or she decides; bank service charges, commissions and other charges incurred by the Company in
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 3. to withdraw any Auction Property, divide it into separate lots for auction or converting the foreign currency paid by the Buyer into Hong Kong dollars shall be
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 combine any two or more Auction Properties and auction them together; borne by the Buyer.
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, 4. where an error or dispute occurs, whether during or after the auction, to decide
materials, and reserves the right to revise the cited descriptions. affiliates, subsidiaries or parent, or China Guardian, its divisions, affiliates, the successful Bidder, whether or not to continue the auction, to cancel the Article 26 Transfer of Ownership
subsidiaries or parent, the entire amount of the bid deposit shall be refunded to the auction or to auction the disputed Auction Property anew; Even if the Auction Property has not been delivered to the Buyer by the Company,
Article 8 Reserve and Estimated Price Bidder without interest within 14 working days after conclusion of the auction. If the 5. to open and conduct the bidding at the level and at bid increments that he or the Buyer shall have secured ownership of the Auction Property but before he or
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 she deems appropriate, and to bid on behalf of the Seller up to the amount of she has paid in full the Purchase Price and all amounts that he or she may owe the