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ஷ͉ٝʮ̡dൗשርۜᇜeᒅ൯༈שርۜʘ˚ಂʿႩމ݊ᑐۜʘ ɓ ν݊ਖ਼ɛ༺ٙdՑϞᗫ˙ʘήѧࣛi CONDITIONS OF BUSINESS FOR BUYERS
ଣ͟i ɚ ν݊˸ඉ˙ό೯̈ٙdۆމඉ˚ʘܝୋɖ˂i
ਗ਼ًرၾቖਯʚ൯˚ΝdԨঐᔷՉѼഛהϞᛆ˲Іቖਯ˚ಂܝ ɧ ν݊˸ෂॆ˙ό೯̈ٙd೯ෂॆዚᆽႩ೯̈ࣛi ̬ ν؈݊˸ཥ
Ԩೌ̈ତОୋɧ˙͡॰ʘשርۜৗᒔʚ͉ʮ̡f ɿඉҖό೯̈ٙdίཥɿඉাɪᆽႩ೯̈ʘࣛi
ɧ Ϟᗫତ˾ʿ˾ᖵஔeʕذ˸ʿʕࣣdᒱ್ͦۃኪஔޢʔ࢙ ʞ ν͉ʮ̡ீཀ"11͜˒၌˙ό೯̈ٙdۆ೯˚މᘩҳɛʿ൯ϗ
࿁ϤᗳйЪ̈ᆽྼʘႭdШ͉ʮ̡ڭवઋᛆ͉ܲڭᗇШ˸שርϓ Ց༈ஷٝ˚ಂf
ʹ˚ܝɓϋʫމࠢ՟ऊᗇྼމᑐۜʘତ˾ʿ˾ᖵஔeʕذ˸ʿʕ ୋɧɤɖૢ ̙ʱ௲
ࣣשርۜʘʹiʊ˹ʘಛධ͉ܲૢ֛ৗᒔʚ൯dШ൯̀ ν͉ۆʘОૢಛאʱΪОଣ͟Ⴉ֛މೌࣖeʔΥجאʔ̙ੂ
ίשርϓʹ˚ৎɓϋʫΣ͉ʮ̡Զᗇኽ ͉ܲૢୋ ɚ e ̬ ಛ֛ٙ˙ Бd͉ۆՉ˼ૢಛאʱʥ್Ϟࣖdᗫ˙Ꮠ፭ςeੂБf
ό dᗇྼ༈שርۜމᑐۜi ୋɧɤɞૢ جܛʿ၍ᒍᛆ The following provisions may be amended by public notice or verbal notifi cation against a defaulting Buyer;
during the auction. By bidding at the auction, the Bidder agrees to be bound by the (14)“Reserve” means the confi dential minimum selling price for an Auction Property
̬ ͉ʮ̡̙ઋӔ֛ᒀеɪࠑО֛f͉ʮ̡ϞᛆࠅӋ൯॰՟ՇΤ ɓ ͉ۆʿՉᗫԫ֝eʹeΪԱ͉ۆਞ͉̋ʮ̡שርݺਗϾˏ following provisions. determined by the Seller and the Company;
މ͉ʮ̡ʿ൯ᕐ˙ટॶʘዹͭʿБʫႩ̙ਖ਼ʘజѓd൬͜͟൯ו ৎאၾʘϞᗫٙОنᙄdѩա࠰ಥجܛ၍Ԩ͟࠰ಥجܛ༆ᙑf Article 1 China Guardian (Hong Kong) Auctions Co., Ltd. as the Auction Agent (15)“Estimated Price” means the estimated sales price of an Auction Property
Unless otherwise provided, China Guardian (Hong Kong) Auctions Co., Ltd. shall indicated in the catalogue or after other descriptive text, and excluding the Buyer’s
ዄf͉ʮ̡ೌա൯̈ͪʘОజѓהࠢdԨڭवᛆлరӋᕘ̮ʘ ɚ ᘩҳɛʿ൯Νจ࠰ಥج৫࿁͉ʮ̡שርݺਗϾˏৎאၾʘϞᗫٙ serve as the Seller’s agent. The contract for the sale of the Auction Property shall Commission;
ਖ਼จԈd൬͉͜͟ʮ̡ІБוዄf Оنᙄ ¨༈نᙄ© ኹϞર˼၍ᒍᛆf be the contract between the Seller and the Buyer. These Conditions, the Conditions (16)“Storage Fee” means the charge for storage that the Buyer is required to pay to
of Business for Sellers, and all other terms, conditions and notices contained in the the Company in accordance herewith.
ୋɧɤ̬ૢ ༟ࣘᐏ՟eᅂ ɧ ͉ୋɧɤɞ ɧ ૢ̥աू͉ʮ̡fᘩҳɛʿ൯Νจ͉ʮ̡Ϟᛆ catalogue, announced by the Auctioneer or provided in the auction venue in the 2.As required by the context, the singular of a term herein includes the plural thereof,
ఱᐄ͉ʮ̡ٙשርุਕ˙ࠦd͉ʮ̡̙ঐ࿁ОשርཀආБࠪe ОՉ˼Ո၍ᒍᛆٙج৫ఱ༈نᙄৎൡதϾʔաОࠢՓfίجܛʪ form of an announcement shall constitute the terms agreed among the Seller, the and vice versa. Unless otherwise required by the context:
Buyer and/or China Guardian (Hong Kong) Auctions Co., Ltd. as the auction agent. (i)the Buyer and the Company are herein collectively referred to as the “Parties”, and
ᅂʿাd͵ცࠅΣᘩҳɛฤණࡈɛ༟ࣘאΣୋɧ˙॰՟Ϟᗫᘩҳɛ ٙᇍఖଽ d͉ʮ̡̙ί߰ʍ̡ج၍ᒍਜΝࣛආБൡதf
Article 2 Definitions and Explanations a “Party” refers to either Party;
ٙ༟ࣘ ԷνΣვБ॰՟ڦ͜ᄲࣨ fவԬ༟ࣘึ͉͟ʮ̡ஈଣԨ˲ڭd ୋɧɤɘૢ ႧԊ˖͉ 1.The following terms herein shall have the meanings assigned to them below: (ii)Any mention of legal provisions shall be construed as including any future
ਬϞᗫ༟ࣘϞ̙ঐ࣬ኽ͉ۆٙͦٙאՉ̴ΥجͦٙdԶഗ͉ʮ̡e ͉ۆ˸ʕ˖މᅺ˖͉dߵ˖˖͉މਞϽ˖͉f (1)“Company” means China Guardian (Hong Kong) Auctions Co., Ltd.; amendments to, or re-enactment of, such provisions;
(2)“China Guardian” means China Guardian Auctions Co., Ltd., with its domicile at (iii)Any mention of “person” shall include natural persons, companies, legal persons,
͉ʮ̡ٙʱeڝ᙮ʮ̡eɿʮ̡e͎ʮ̡e˸ʿʕྗᅃeʕྗᅃ ߵ˖˖͉νၾʕ˖˖͉ϞОʔɓߧʘஈd˸ʕ˖˖͉މf 3/F, Offi ce Area, Guardian Art Center, No.1 Wangfujing Street, Dongcheng District, enterprises, partnerships, individual proprietorships, governmental or social
ٙʱeڝ᙮ʮ̡eɿʮ̡e͎ʮ̡d˸п͉ʮ̡މᘩҳɛԶҁഛ ୋ̬ɤૢ ۆوᛆהϞ Beijing, People’s Republic of China; organizations and organizations comprised of more than one of the foregoing;
(iv)Any mention of “Article” or “Clause” refers to the Articles or Clauses hereof;
(3)“Seller” means any person, company, body corporate or entity that off ers Auction
ٙਕeආБ܄˒ʱؓdא˸کԶୌΥᘩҳɛࠅӋٙਕfί͉ۆ ͉ۆ͉͟ʮ̡ՓࠈձࡌҷdᏐوᛆᓥ͉ʮ̡הϞf͉͊ʮ̡ԫ Property for sale. Unless otherwise stated or specifi cally required by the context, (v)The headings are provided for ease of reference only, and shall not affect the
ධɨٙʹҁϓܝ νቇ͜ d͉ʮ̡̙ίجܛ࢙ٙΥଣࣛගʫdڭπʿ ࣣ̙ࠦdОɛʔ˸О˙όא˓ݬdл͉͜ۆᐏ՟ਠุлूd the term “Seller” herein shall include the Seller’s agent (excluding the Company), interpretation hereof.
executor or personal representative;
Article 3 Applicable Scope
Դ͜ʊϗණٙࡈɛ༟ࣘfνᘩҳɛא൯૧ݟቡʿāאһ͍π͉ʮ̡ ͵ʔ࿁͉ۆʘОʱආБልႡeෂאᎷπ̙Ꮸ॰ӻ୕ʕf (4)“Bidder” means any person, company, body corporate or entity that All Bidders, Buyers and other concerned parties participating in the auction of such
ٙࡈɛ༟ࣘd̙ၾ܄˒ਕᑌഖאࣣࠦߧՌ͉ʮ̡ ஹΝΥଣٙБ݁൬ ୋ̬ɤɓૢ ቇࣛ͜ಂ contemplates, makes or attempts a bid in any manner. Unless otherwise stated collectibles as cultural artifacts, works of art, etc. organized and conducted by the
Company shall act in accordance herewith.
or specifi cally required by the context, the term “Bidder” herein shall include the
͉ۆ̥ቇ͉͜ϣשርd͉ʮ̡̙ʔࣛһอ͉ۆdᘩҳɛձ൯ਞ
̈ϞᗫࠅӋfމəᘩҳɛٙᛆूd͉ʮ̡͵̙ঐცࠅΣୋɧ˙ਕԶ Bidder’s agent; Article 4 Special Notice
ၾ̤ɓϣשርٙࣛࡉᏐ˸ࣛቇٙ͜൯ุਕۆމf (5)“Buyer” means the Bidder, including the principal of a person bidding as an agent, All Bidders and Buyers participating in the auction by the Company shall carefully
Ꮠਠ Էν୵༶ʮ̡אπࡑʮ̡ Զᘩҳɛٙ΅ࡈɛ༟ࣘfᘩҳɛਞၾ the highest bid or off er of whom is accepted by the Auctioneer in the auction held read and abide by these Conditions, and, in particular, they shall carefully read the
ୋ̬ɤɚૢ ༆ᙑᛆ
͉ʮ̡ٙשርdуڌͪᘩҳɛΝจɪ˖הࠑf by the Company; provisions hereof on the liability of the Company, the restrictive provisions, and the
˚੬ੂБ͉ۆࣛd͉ۆٙ༆ᙑᛆ͉͟ʮ̡БԴfν൯eርၾ͉ (6)“Buyer’s Commission” means the commission that the Buyer must pay to the disclaimers. The Bidder and/or his or her agent is/are responsible for viewing the
ୋɧɤʞૢ وᛆ Company based on the Hammer Price at the rate specifi ed herein; original Auction Properties in person, and shall be legally liable for his or her bidding
ʮ̡೯͛جܛنᙄdί༆Ӕ༈نᙄࣛd͉ۆٙ༆ᙑᛆ͟Ո၍ᒍᛆٙج
ርબᛆ͉ʮ̡࿁Չ։ৄ͉ʮ̡שርٙОשርۜႡЪ˪eྡͪeྡ (7)“Auction Property” means the item(s) that the Seller consigns to the Company for on the Auction Properties. The Company may at its own discretion postpone or
৫БԴf auction and which are auctioned off at the auction; cancel any auction due to weather or other reasons and shall not be liable to make
אՉ˼Җόٙᅂ྅Ⴁۜձ܁ෂۜd͉ʮ̡ԮϞɪࠑ˪eྡͪeྡ
(8)“Auction Date” means, for a particular auction, the date announced by the any compensation to the Bidder.
אՉ˼Җόٙᅂ྅Ⴁۜձ܁ෂۜٙوᛆdϞᛆ࿁ՉԱج̋˸ೌᎵԴ͜א company on which the auction will offi cially commence; Article 5 Responsibilities of the Bidder and the Company in Respect of the
و͉˚ಂj ϋ ˜ ˚ (9)“Sale Date” means the date on which the transaction of an Auction Property is Auction Properties
ІБબᛆՉ˼ɛԴ͜f͉͊ʮ̡ԫࣣࠦΝจd൯ʿОɛʔԴ confi rmed by the striking of the hammer by the Auctioneer or other public indication
͉ʮ̡ήѧj࠰ಥږᙒ༸ ɢᘒʕːɓࢭʞᅽ 1.The Company’s perception of an Auction Property is partly dependent on the
͜f͉ʮ̡ʿርѩԨ͊Ъ̈שርۜ݊щաوᛆהࠢא൯݊щ՟ש by the Auctioneer that a transaction has been struck in the auction held by the information provided by the Seller, the Company is in no position to and will not carry
Company; out comprehensive due diligence of the Auction Properties. The Bidder is aware
ርۜʘОوᛆٙࠑʿڭᗇf
(10)“Auctioneer” means the person that the Company designates to preside over a of this and shall be responsible for inspecting and examining the original Auction
ୋɧɤʬૢ ஷٝ particular auction; Properties so as to satisfy himself or herself in respect of those Auction Properties
ᘩҳɛʿ൯ѩᏐਗ਼Չո֛Ϟࣖٙஷৃήѧձᑌഖ˙ό˸ᘩҳ೮া˖א (11)“Hammer Price” means the price at which the Auctioneer strikes the hammer, which he or she may be interested in.
deciding the sale of the Auction Property to the Buyer, or, in the case of a post- 2.All Auction Properties to be sold by the Company are available for viewing by
Չ˼͉ʮ̡Ⴉ̙ٙ˙όѓ͉ٝʮ̡d߰ϞҷᜊdᏐͭуࣣࠦѓ͉ٝʮ̡f auction transaction, the agreed upon sale price; the Bidder before sale. Where the Bidder and/or his or her agent participates in
͉ۆʕהʿʘஷٝdසܸ˸ڦՌeཥɿඉeෂॆאீཀ͉ʮ̡"11 (12)“Purchase Price” means the total amount that the Buyer is required to pay for his bidding, the Bidder shall be deemed as having thoroughly examined the Auction
or her purchase of an Auction Property, including the Hammer Price plus the Buyer’s Properties, and to be satisfied with the condition of, and the accuracy of the
͜˒၌ ¨"11͜˒၌© Җό೯ࣣ̈ٙࠦஷٝf༈ഃஷٝίɨΐࣛගൖމ Commission, and the taxes, levies, interest and various charges payable by the description of, the Auction Properties.
༺j Buyer; 3.The Bidder confi rms that numerous Auction Properties are of great age and of
(13)“Buyer Charges” means the expenditures and expenses relating to the sale of special types, meaning that they are not necessarily sound and free from defects.
an Auction Property by the Company, including but not limited to the charges for All Auction Properties are sold “as is” at the time of the auction (whether or not the
insurance, packing, transport, storage and custody that the Company is required Bidder attends the auction in person). Condition reports may be provided at the
to purchase in respect of the Auction Property, expenses for testing, investigation, time of viewing the Auction Properties. Under certain circumstances, the catalogue
searching or authentication of an Auction Property additionally requested by the descriptions and condition reports may serve as reference about certain defects
Buyer and additional expenditures and legal expenses incurred in seeking recourse in the Auction Properties. Nevertheless, the Bidder should note that the Auction