Page 54 - 嘉享——生活尚品

3.With respect to contemporary and modern art, Chinese oil paintings and Chinese Article 38 Laws and Jurisdiction
paintings and calligraphy, although academic circles do not permit the making (1) These Conditions and related matters, transactions and any disputes arising
of defi nitive statements in respect thereof at present, the Company reserves the from, or in connection with, participation in the auction conducted by the Company
discretion, pursuant to this warranty, to cancel transactions of contemporary and pursuant hereto shall be governed by, and construed in accordance with, the laws
modern art, Chinese oil paintings and Chinese paintings and calligraphy that are of Hong Kong.
confi rmed to be forgeries, but only within one year after the Sale Date. The amount (2) The Buyer and the Bidder agree that the Hong Kong courts have exclusive
paid shall be refunded to the Buyer pursuant to this Article, provided that the Buyer jurisdiction to settle any disputes arising out of or in connection with any auctions
provides to the Company evidence (by the methods set forth in clauses 2 and 4 of conducted by the Company (the “Disputes”).
this Article) confi rming that the Auction Property is a forgery within one year from the (3) This Article 38.3 is for the benefi t of the Company only. The Buyer and the Bidder
Sale Date; agree that the Company shall not be prevented from taking any proceedings relating
4.The Company may, at its discretion, decide to waive any of the foregoing to the Disputes in any other courts with jurisdiction. To the extent allowed by law, the
provisions. The Company shall have the right to request that the Buyer obtain, at Company may take concurrent proceedings in any number of jurisdictions.
his or her expense, reports from two experts acceptable to the Company and the Article 39 Language
Buyer who are independent and recognized in the industry. The Company shall not The Chinese language version hereof shall be the governing version and the English
be subject to any report presented by the Buyer, and reserves the right to seek the language version shall be for reference only.
opinion of additional experts at its own expense. In the event of a discrepancy between the English language version and the Chinese
Article 34 Obtaining Information and Video Taking language version, the Chinese language version shall prevail.
With respect to the operation of the Company’s auction business, the Company may Article 40 Ownership of Copyright in the Conditions
make audio recordings, video recordings or keep a record of any auction process, These Conditions are formulated and shall be revised by the Company, and the
and may need to collect personal information from the Bidder or request information relevant copyrights shall vest in the Company. Without the prior written permission
about the Bidder from third parties (such as requesting a credit review from a bank). of the Company, no one may use these Conditions in any manner or way to obtain
Such information will be processed and kept confi dential by the Company. However, commercial benefits, and may not take copies of, communicate or store in any
relevant information may be provided to the Company, its divisions, affiliates, searchable system any part hereof.
subsidiaries or parent, or China Guardian, its divisions, affiliates, subsidiaries or Article 41 Term of Applicability
parent in order to assist the Company in providing excellent services to Bidders, These Conditions shall apply solely to the upcoming auction. The Company
carrying out client analyses, or providing services that satisfy the requirements of may update these Conditions from time to time. When the Bidder and the Buyer
Bidders. Once the sale under these Conditions is completed (if applicable), the participate in another auction, then applicable Conditions of Business for Buyers
Company may save and use the collected personal information within a reasonable shall prevail.
time permitted by law. If a bidder or buyer wishes to access and/or amend his or her Article 42 Right of Interpretation
personal information stored with the Company, he or she may contact the customer During routine performance hereof, the right to interpret these Conditions shall be
service department or make the relevant request to the Company in writing (together exercised by the Company. In the event of a legal dispute between the Buyer and
with a reasonable administrative fee). For the benefi t of the Bidder, the Company the Company, the right of interpreting these Conditions, when resolving the dispute,
may also be required to provide certain personal information of the Bidder to third shall be exercised by the competent court.
party service providers (such as shipping companies or warehousing companies).
By participating in the auction by the Company, the Bidder indicates that he or she Date of this version: 26th February, 2024
consents to the foregoing. Address of the Company: 5th Floor, Tower One, Lippo Centre, 89 Queensway, Hong
Article 35 Copyright Kong
The Seller authorizes the Company to produce photos, illustrations, a catalogue, or
other form of video recording of, and publicity materials for, any Auction Property
that he or she has consigned to the Company for auction, and the Company enjoys
the copyrights therein, and has the right to use free of charge or authorize others
to use the same in accordance with the law. Without the prior written consent of
the Company, neither the Buyer nor anyone else may use the same. Neither the
Company nor the Seller gives any representations or warranties as to whether the
Auction Property is subject to copyright or whether the Buyer secures any copyright
in the Auction Property.
Article 36 Notices
The Bidder and the Buyer shall inform the Company of their fixed and valid
correspondence address and contact information by the method specifi ed in the
bidding registration documents or other method approved by the Company. In the
event of a change, the Company shall be promptly informed thereof in writing.
The notices mentioned herein only refer to written notices sent by post, by email, by
fax or by the Company’s mobile app (“Mobile App”). A notice shall be deemed as
served at the following times:
1.If served by hand, at the time it reaches the address of the relevant Party;
2.If by post, the seventh day after it is posted;
3.If by fax, when transmission is confi rmed by the sending fax machine;
4.If by email, when delivery is confi rmed by the email record;
5.A notice sent by the Company through Mobile App shall be deemed to be
received by the Bidder and the Buyer on the date when it is delivered.
Article 37 Severability
If any provision or part hereof is found invalid, unlawful or unenforceable for any
reason, the other provisions and parts hereof shall remain valid, and the relevant
parties shall abide by and perform the same.