相见欢 · 古籍文献

发布时间:2022-7-29 | 杂志分类:其他
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相见欢 · 古籍文献

Company may have rights to mediate and settle.Article 38 Bidding as PrincipalAny person who bids shall be deemed as principal, unless the Bidder presents to the Company a written certificate showing that it is the agent of a principal and subject to the Company's approval in writing before Auction Date.When arranging for bidding, the Bidder's agent shall present to the Company the original power of attorney and a copy of the valid identity certificate of the Bidder and its agent each whi... [收起]
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相见欢 · 古籍文献
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第101页

Company may have rights to mediate and settle.

Article 38 Bidding as Principal

Any person who bids shall be deemed as principal,

unless the Bidder presents to the Company a written

certificate showing that it is the agent of a principal and

subject to the Company's approval in writing before

Auction Date.When arranging for bidding, the Bidder's

agent shall present to the Company the original power

of attorney and a copy of the valid identity certificate

of the Bidder and its agent each while the Company

will examine the original of such identity certificate.The

power of attorney issued by a Bidder shall indicate the

name of the agent, authorized items, acting authority

and Period.

Article 39 Commission Bids

The Bidder shall in principle attend the auction

personally; otherwise it may give the Company a

commission in writing or in any other way approved

by the Company to bid on its behalf. The Company

shall have the right but no obligation to accept such

commission.

Article 40 Procedures of Commission Bids

The Bidder who intends to give the Company a

commission to bid on its behalf shall present the

Company with a written authorization certificate and

hand in a deposit in accordance with provisions in

Article 35 hereof within the specified Period (not Later

than 24 hours before Auction Date). Otherwise, the

Company has the right to reject the commission.

Article 41 Cancellation of Commission Bids

The Bidder who entrusts the Company to bid on its

behalf shall inform the Company of cancellation in

writing not Later than 24 hours before Auction Date.

Article 42 Non-liability of Commission Bids

Since the Company charges no fee for bidding on

behalf of the Bidder in the case that the Bidder can not

attend the auction personally, the Company shall not

be liable for any failure in bidding or any negligence or

fault in the commission bids.

Article 43 Principle of Priority

In the event that two or more Bidders entrust the

Company to bid on their behalf for the same Lot and

succeed with the same commission price, the Bidder

whose authorization certificate was first received by the

Company shall be the Buyer of the Lot.

Article 44 Auctioneer's Discretion

The auctioneer is entitled to represent the Company to

increase or decrease the bidding ladder, refuse any

bid, or restart auction in case any dispute arises.

Article 45 Screen of Video Images

At some auctions, there will be a video screen or other

screens in operation for the convenience of Bidders,

which are only for reference. However, there might be

errors on the screen. The Company shall not be liable

for any losses and damages caused by such errors

in amounts, serial number or pictures of the Lot, or

foreign exchange rate.

Article 46 Successful Bid

When the highest bid is confirmed by the auctioneer's

hammer striking or in any other public manner, the

Bidder offering the highest bid shall succeed in the

auction and the sale contract concerning the Lot shall

come into effect immediately. The said highest Bidder

of the lot will be the Buyer of the Lot.

Article 47 Auction Record

The Company will prepare a written record with

respect to the auction signed by the auctioneer and

the recorder.At the auction, for the convenience of

the Buyers' payment and so on, the Buyer shall sign

the purchase confirmation showing the successful bid

after the highest bid is confirmed by the auctioneer's

hammer striking or in any other public manner. Signing

the purchase confirmation is one of the proofs that the

sale contract concerning the Lot has come into effect.

Article 48 Remuneration and Expenses

The Buyer shall pay the Company a remuneration

equal to 15% of Hammer Price and other Expenses

payable by the Buyer hereunder and acknowledge

that the Company is entitled to charge commission

and other costs payable by the Seller under Article 22

hereof.

Article 49 Payment

The Buyer shall make full payments in a lump sum

and collect the Lot (packaging and handling at the

Buyer's expense) within 30 days following the Sale

Date; otherwise the Buyer shall be liable for breach of

contract.

Article 50 Currency

All payments shall be made in the currency designated

by the Company. In the event that the Buyer makes

payments in a currency other than the designated

one, the currency shall be converted at the rate

agreed upon by the Buyer and the Company or at

the rate announced by the People's Bank of China

one(1) business day prior to the payment. The Buyer

shall reimburse the Company for any bank charges,

commission and other Expenses for converting the

currency into RMB.

Article 51 Passing of Title

The Buyer will acquire ownership of the Lot after having

paid Purchase Price in full according to the Agreement

by the Seller and Buyer and picking up the Lot.

Article 52 Transfer of Risks

After a successful bid, any Lot purchased shall

become at the Buyer's sole risk when, whichever is

earlier:

the Buyer collects the Lot purchased; or

the Buyer pays to the Company full Purchase Price for

the Lot; or

it is 4 p.m. of the 30th day after Sale Date (counting

from that day).

Article 53 Collection

The Buyer shall, at the site the Company at its sole

discretion considers appropriate, collect the purchased

Lot no Later than 4 p.m. of the 30th day after Sale

Date (counting from that day) after having made full

payments. In case of failure to do so, the Buyer shall

be solely liable for all risks and losses of the Lot and

bear all Expenses for transportation, storage and

insurance in connection therewith due to delayed

collection. Nevertheless the Lot is still preserved by the

Company or any other agents on behalf of the Buyer,

the Company and its employees or agents shall not be

liable for any losses and damages of the Lot caused

for any reason.

Article 54 Package and Transportation

The Company reserves the right to decide whether

to accept the Buyer's request to arrange packing

and handling service. The Company may arrange

packing and handling of the purchased Lot on behalf

of the Buyer as non-profit services upon its request

at the sole risk and loss of the Buyer. Under no

circumstances shall the Company take any liability

for any damages or losses of glass, frames, drawer,

bottom mat, trestle, mounting, insert pages, roller or

other similar accessories arising out of any reason. In

the case that the Buyer requires the Company to assist

in sending the purchased Lot by mailing, express

delivery or any other shipping way (with packing,

mailing and transportation at the cost of the Buyer),

once the Company does so in that way, the Lot shall

be considered as having been received by the Buyer

in normal procedure. The Buyer shall be liable for all

risks during the foregoing process. The Company is

not responsible for arrangement of shipping insurance,

unless the Buyer specifically instructs the Company to

do so and bears the insurance premium. In addition,

the Company shall undertake no liability for any

fault, omissions, damages and losses caused by the

packers or carriers the Company recommended or the

Buyer designated.

Article 55 Export of Lot

The Company will, to the best of its knowledge,

identify in catalogue or at auction any Lot prohibited

to be exported under the Law of the People's

Republic of China on Protection of Cultural Relics

and other relevant laws and regulations. The Buyer

shall be responsible for applying for export license in

accordance with Chinese laws for the Lot permitted

to be exported pursuant to the Law of the People's

Republic of China on Protection of Cultural Relics and

other relevant laws and regulations.

Article 56 Remedies for Non-payment

In the case that the Buyer fails to make full payment

within the Period provided in Article 48 hereof, the

Company shall be entitled to exercise one or more of

the following remedies:

Commence lawsuit, arbitration or other dispute

resolution proceedings against the Buyer to request for

payment obligations;

Cancel the sale contract and pursue the corresponding

legal liability of the Buyer in accordance with the

provisions of relevant laws and regulations and these

Conditions;

Withhold the deposit and hold the Buyer liable in

accordance with these Conditions;

Charge the Buyer an interest at a rate of three tenthousandths per day on the due and unpaid amount

or the Storage Fee of three hundands RMB per day for

each Lot until such payment is made fully, (the higher

price will be applied) to the extent it remains unpaid

fully for more than 30 days after Sale Date, unless

otherwise agreed by the Buyer and the Company;

Commence lawsuit, arbitration or other dispute

resolution proceedings against the Buyer for any

damages caused by the Buyer's breach of contract,

including but not limited to the losses of interest on

deferred or unpaid payment by the Buyer and the

attorney fee;

Exercise a lien on the purchased Lot or other

properties of the Buyer which may be in the Company's

CONDITIONS OF BUSINESS

第102页

possession for any reason. The Buyer is liable for all

Expenses and/or risks incurred during the Period of

lien. In case the Buyer fails to perform all relevant

obligations hereunder within the specified Period,

the Company shall have the right to dispose of

such property in accordance with relevant laws and

regulations of China. In case the proceeds cannot

cover the amount outstanding, the Company is entitled

to claim for the balance;

Within 60 days after the Sale Date (counting from that

day), If the Buyer does not pay off the full price of

the Lot, the Seller has rights to cancel the sale of the

Lot and any other Lot sold to the same Buyer at this

auction or at any other auctions and reserve the right to

claim for the losses caused by the cancellation;

Resell the Lot by auction or other ways in accordance

with these Conditions, subject to consent of the Seller.

The original Buyer shall be liable to the Company for

the remuneration/commission and other Expenses

incurred at such auction as well as all Expenses for

resale by auction or otherwise. In addition, the original

Buyer shall also be liable for the shortfall together with

all costs, in the event such resale is for less than the

original Purchase Price and Buyer's Expenses for the

Lot;

Other appropriate measures.

Article 57 Remedies for Deferred Collection

In case the Buyer fails to collect the purchased Lot

within the Period provided in Article 49 hereof, the

Company shall be entitled to exercise one or more of

the following remedies:

Arrange storage of the Lot at the Company or any other

place at Buyer's risk and/or Expenses. The Buyer shall

pay the Lot storage fee equal to 0.3‰ of the Hammer

Price of the Lot per day or 300 RMB per day for each

Lot (higher price will be applied) from the 31th day

following Sale Date to the actual collection day and the

insurance premium equal to 1% of the Hammer Price

of the Lot. The Buyer shall not collect the Lot unless the

Purchase Price and relevant Expenses are paid in full

(package and transportation at the Buyer's expense);

Exercise a lien on the purchased Lot. After 90 days of

delayed collection by the Buyer, the Company may,

as the case may be, dispose of such Lot and use the

proceeds to compensate for the amount outstanding

owed to the Company including but not limited to

storage, insurance and transportation costs;

Take the purchased Lot and deposit it at a takeand-deposit institution. The cost caused by the takeand-deposit shall be borne by the Buyer. All matters

concerning such take-and-deposit shall be subject to

applicable laws and regulations of China.

Chapter V Miscellaneous

Article 58 Confidentiality

The Company shall be obligated to maintain the

confidentiality of any information provided to it by

Seller, Bidder and Buyer and indemnify and hold

Seller, Bidder, Buyer and the Company harmless from

and against any damages to their legitimate rights

and interests in accordance with relevant laws and

regulations of the People's Republic of China and

these Conditions.

Article 59 Identification

The Company may identify or reidentify the Lot as it

deems necessary at the Company's own discretion

at any time (including but not limited after the delivery

of the Lot to the Buyer, the payment of Proceeds of

Sale to the Seller from the Company) after entering

into the consignment contract with the Seller. The

identification items may include its maker, date, name,

type, material, condition, flaw and size. In case of any

discrepancy with respect to the status of such Lot

between the identification results and the consignment

contract, or the damage to the Company's reputation,

the Company shall be entitled to terminate or modify

the consignment contract. In the case that the

consignment contract has been fulfilled, the Seller

should return the Proceeds of Sale to the Company.

The Seller shall assume compensation liability

according to the rules for any violation of warranties in

Article 9.

Article 60 Copyright

The Company shall be entitled to take photographs,

make illustrations or produce catalogues or other

images relating to the Lot consigned to the Company

for auction and shall have the copyright in such

photographs, illustrations, catalogues or other images

mentioned above.

Article 61 Exemption

The Company shall undertake no liability for any

breach of contract by the Buyer or the Seller. The

Company may at its sole discretion disclose the name

and address of the Buyer or the Seller to the other party

to enable that party to commence legal proceedings

to recover the losses, provided that, prior to such

disclosure, the Company takes reasonable steps to

notify the party whose information will be so disclosed.

Article 62 Liability for Impairing the Company's Reputation

The Seller shall not take any legal proceedings against

the Auctioneer in terms of its honesty and business

reputation without definite evidence nor otherwise

behave in a way harmful to its business reputation

(including but not limited to the identity of the Lot

returned and the impartiality of identification results

of the Lot); otherwise the Auctioneer may demand

indemnity from the Seller for the loss of business

reputation and all Expenses arising therefrom. Such

indemnity shall be in the same amount as the reserve of

the Lot. Without any definite evidence, the Buyer shall

not make any groundless or irresponsible comment

on the authenticity of the sold Lot or take any legal

proceedings against the identity of the Lot delivered

by the Company to the Buyer nor behave in any

manner harmful to the Company's business reputation;

otherwise the Company shall have the right to demand

official apology and indemnity from the Buyer for the

loss of business reputation and all Expenses arising

therefrom. Such indemnity shall be in the same amount

as the Reserve of the Lot. Without definite evidence,

any other persons (including but not limited to the

Bidder) shall not make any groundless or irresponsible

comment on the authenticity of the sold Lot or behave

in any manner harmful to the Company's business

reputation; otherwise the Company shall have the

right to demand official apology and indemnity from

such persons for the loss of business reputation and all

Expenses arising therefrom. Such indemnity shall be in

the same amount as the Reserve of the Lot.

Article 63 Notice

Both the Bidder and the Seller shall notify the Company

of their valid and regular contact information. Any

change in such contact information shall be notified in

writing to the Company as soon as possible. All notices

referred to in these Conditions shall be in writing and

delivered by mail or fax. A notice sent by mail shall be

deemed to have been delivered and received by the

addressee via normal mail service on the date when

the Company gives the notice to the post office. A

notice sent by fax shall be deemed to be received on

the date when it is faxed.

Article 64 Severability

Rights and obligations of parties participating in an

auction held by the Company shall be subject to these

Conditions. If any provision or part of these Conditions

is deemed invalid, unlawful or unenforceable by

a competent agency, these Conditions shall be

ineffective to the extent of such unlawfulness or

unenforceability without invalidating or affecting the

validity or enforceability of the remaining provisions of

these Conditions.In case of any discrepancy between

these Conditions and any relevant law or regulation

currently in force, these Conditions shall prevail if

they do not violate any prohibitive provisions of such

laws and regulations. Any matters not covered by

these Conditions shall be governed by existing laws

and regulations applicable thereto, if any, or subject

to domestic or international trade practices if such

matters are not covered by these Conditions or any

existing laws or regulations.

Article 65 Dispute Resolution

Any dispute arising between parties participating in an

auction held by the Company under these Conditions

shall be referred to a Chinese court whose jurisdiction

covers the business address of the Company, unless

the parties have agreed otherwise. Such disputes shall

be governed by the laws of the People's Republic of

China.

Article 66 Language

These Conditions are written in Chinese and English.

The English version is only for reference. In case of

any discrepancy between Chinese version and English

version, the Chinese, as the official version, shall

prevail.

The price of the Lot in this catalog is subject to its RMB

price, the foreign currency price is for your reference

only.

Article 67 Date of Effectiveness

These Conditions shall be effective as from June 1st,

2020.

Article 68 Right to Interpret

The Company has the right to interpret these

Conditions at its own discretion.

Headings are used in these Conditions for the

convenience of the parties only and shall not be

incorporated into these Conditions and shall not be

deemed to be any indication of the meaning of the

clauses.

CONDITIONS OF BUSINESS

第103页

声明:

兹申请并委托本公司就以下拍品及价格进行竞买,并

承诺接受如下条款:

一、委托人承认并愿意遵守本公司本次拍卖会的《拍卖

规则》之各项条款。若竞买成功,须同时缴纳成交

价款15%的佣金。

二、为使委托人的委托出价得以接受而不延误,委托人

须最迟在拍卖日前三天向本公司提供有关资质信证

明,缴纳办理竞买号牌所需保证金,并预付表内所

列出价的30%的委托保证金,如拍卖日前本公司未

收到预付的保证金,恕不接受该委托。

三、本公司本着为客户利益出发的原则,以尽可能低

的价格从事竞买活动,成交价格不得高于表列委托

价;当场内竞价超过委托价时,委托人通过现场电

话委托工作人员竞买。

四、如竞投成功,委托人须自成交之日起三十日内,向

中汉一次性支付落槌价及相当于落槌价15%的酬金

及其它费用。

请邮寄或传真至:

北京中汉拍卖有限公司

北京市东城区金宝街89号金宝大厦1203室

电话:(86-10)6526 6856

传真:(86-10)6528 3189

邮编:100005

开户银行:中国工商银行股份有限公司北京建国路支行

开户名称:北京中汉拍卖有限公司

银行账号:0200041909200211936

银行地址:北京市朝阳区建国门外大街8号北京IFC大厦A座

邮政编码:100020

开户银行:上海浦东发展银行北京分行建国路支行

开户名称:北京中汉拍卖有限公司

银行账号:91090154800008364

银行地址:北京市朝阳区建外大街99号

邮政编码:100035

敬请注意:

填写本授权书时,应填写所有项目。若两个以上委托竞投者

以相同委托价竞投成功,则以最先收到授权书者为该拍卖品

的买受人。

图录号 拍品名称 委托价(人民币/元)

*此表可复印使用

委托竞投授权书

身份证/护照号码

地址

委托人姓名 竞投牌号

邮编 电话 传真

委托人签字 日期

2022年8月8日

拍卖会编号:124

中汉二○二二年春季拍卖会

古籍文献 西文经典

金石碑帖 文人墨迹

第104页

Please bid on my behalf at the above sale for the

following Lot(s) up to the hammer price(s) mentioned

below, and I agree the following Conditions:

1. I have read carefully and obey the Conditions of

Business of Johan's Auctions and the declaration

and regulations announced by the form of a bulletin

on Auction site. After succeeding in bidding, the

Bidder shall pay Johan's remuneration equal to

15% of Hammer Price and other Expense within 28

day after the Sale Date.

2. The provisions about Commission Bids in the

Conditions of Business of Johan's a commission

to bid on its behalf shall present Johan's with a

written authorization certificate and pay the deposit

30% within certain Period (not Later than 24 hours

before Auction Date). Otherwise, Johan's has the

right to reject the commission.

3. These bids are to be executed as possible in the

interests of customers. Bidding price shall not be

higher than the listed price commission.

4. After succeeding in bidding, the Bidder shall pay

Johan's a remuneration equal to 15% of Hammer

Price and other Expenese within 30 day after the

Sale Daye.

Please mail or fax to:

Beijing Johan's Auctions Co., Ltd.

Room 1203, Jinbao Building, No. 89 Jinbao Street,

Dongcheng District, Beijing 100005, CHINA

Tel: (86-10) 6526 6856

Fax: (86-10) 6528 3189

Bank Name: ICBC Bank of China Beijing Jian Guo Lu

Branch

Account Name: Beijing Johan's Auctions Co., Ltd.

Account No: 0200041909200211936

Address: IFC Building A, No.8 Jianwai Street, Chaoyang

District, Beijing 100020, China

Bank Name: SPD Bank of China Beijing Jian Guo Lu

Branch

Account Name: Beijing Johan's Auctions Co., Ltd.

Account No: 91090154800008364

Address: No.99 Jianwai Street, Chaoyang District, Beijing

100035, China

Important:

To fill this power of attorney, should fill in all the items.

In the event that two or more Bidders entrust Johan's to

bid on their behalf for the same Lot and succeed in the

same commission price, the Bidder whose authorization

certificate was first received by Johan's shall be the Buyer

of the Lot.

Lot No. Title or Description Bid Price (RMB)

*This list can be copied

I.D. / Passport No.

Address

Full Name Paddle No.

Tel Fax

Signature Date

BID ORDER

August 8th, 2022

Sale Code: 124

Johan's 2022 Spring Auctions

Rare Books and

Manuscripts

第105页

下载高清电子图录

PDF 格式可于桌面电脑、平板电脑、

各种智能手机等设备完美阅读

欢迎登陆中汉拍卖官网

www.johan.cn

Download HD E-catalogue

PDF file can be perfectly used for

Desktop computer (PC/MAC),

Tablet PC and any type of smart phone

Welcome to our official website

北京中汉拍卖有限公司

所有拍品由

中国平安财产保险股份有限公司

承保

Beijing Johan's Auctions Co., Ltd.

All of the items in the auction are

underwritten by the Ping An Insurance

(Group) Company of China, Ltd.

第106页

ENQUIRIES AND CATALOGUES

BEIJING

Johan Beijing Auctions Co., Ltd.

12 Floor, Jinbao Building, No. 89 Jinbao Street, Dongcheng District,

Beijing 100005, CHINA

Tel: (86-10) 6526 6856

Fax: (86-10) 6528 3189

Email: mail @ johan.cn

HONGKONG

Johan Hongkong Auctions Ltd.

Room 2002, No. 168, Queen's Road Central, Central, Hong Kong

Tel.: 852-3153 4188/3153 4199

Email: hk @ johan.cn

Tokyo Japan Representative

Add.: No.1613, 1-1-1 Ichikawa-Minami, Ichikawa-city, Chiba prefectural

city, Japan. ZIP: 272-0033

Tel /Fax: 047-326-6757

Mobile: 080-6635-5165

Email: cccyyc @ hotmail.com

Contact: Kayama Keyco

咨询及取得图录

北京

北京中汉拍卖有限公司

北京市东城区金宝街89号金宝大厦12层

邮政编码:100005

电话:(86-10) 6526 6856

传真:(86-10) 6528 3189

邮箱:mail @ johan.cn

香港

香港中汉拍卖有限公司

香港中环皇后大道中168号2002室

电话:852-3153 4188/3153 4199

邮箱:hk @ johan.cn

日本东京办事处

住所:〒272-0033千叶県市川市市川南1-1-1 1613号室

电话/传真:047-326-6757

携带电话:080-6635-5165

邮箱:cccyyc @ hotmail.com

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