specified by the Seller. 3.ﬔe illustration of the Lot in the catalogue, the exhibition of in relation to the Lot being consigned for auction, the Com- 8.The Seller hereby undertakes that none of the Proceeds the Lot and other forms of publicizing the Lot, the arrange- pany shall have the right to refuse to return such Lot until the of Sale will be transferred to or used for the benefit of any ment in the promotional activities as well as the standards of dispute is settled. Sanctioned Person(s), nor will any party involved in the trans- payable expenses; action including financial institutions, freight forwarders or 4.Suitability of a Lot for auction by the Company; ARTICLE 12 THE SELLER S WITHDRAWAL OF LOT other forwarding agents or any other party be a Sanctioned 5.Other matters such as the date of auction, the place of auc- The Seller may withdraw the Lot at any time prior to the Person(s) nor owned (or partly owned) or controlled by a tion, the conditions of auction and the manner of auction. Auction Date by issuing a written notice to the Company. Sanctioned Person(s), unless such activity is authorized in ﬔe Company shall not be liable for any delay in meeting nor In the case that the Lot has been listed in the catalogue or writing by the government authority having jurisdiction over failure to meet its obligations under the consignment auction other public materials and they have begun to be printed at the transaction or in applicable law or regulation. contract (including without limitation the postponement or the time of the withdrawal of the Lot, the Seller shall pay an 9.Where the Seller is acting as Agent (for the purposes of this cancellation of any auction) and may terminate its obliga- amount equal to 20% of the Reserve of the Lot and all other Article, the Agent ) for another party (the Principal ) tions under the consignment auction contract to offer the expenses. In the case that the catalogue or other public the Agent warrants in its own capacity (in addition to the Lot for sale, or cancel or postpone any auction, as a result materials have not been printed, the Seller shall pay an warranties set out above that: (i) the arrangements between of circumstances beyond its reasonable control or which amount equal to 10% of the Reserve of the Lot and all other the Agent and the Principal in relation to the Lot or otherwise make such performance impracticable, including without expenses. Any dispute or claim arising out of the Seller s do not, in whole or in part, facilitate tax crimes; (ii) the Agent limitation any fire, flood, natural disaster, or other act of God; withdrawal of the Lot shall be borne by the Seller and has has conducted appropriate customer due diligence on the any riot, strike, or other civil or labour unrest; transportation nothing to do with the Company. Principal in accordance with all applicable anti-money laun- or other infrastructural incapacitation, or inability to secure dering, anti-terrorism and sanctions laws and regulations sufficient labour, power, essential commodities, or necessary ARTICLE 13 AUTOMATIC INSURANCE and does not know, and has no reason to suspect, that the equipment; any act of war, armed conflict, or terrorist attack; Unless otherwise instructed by the Seller in writing, all Lots Lot consigned by the Agent is connected with or has any link any governmental action or regulation enacted or effected will be automatically covered under the insurance policies to the proceeds of any criminal activity, including without following the execution of the consignment auction contract purchased by the Company after the Seller enters into the limitation tax evasion, money laundering, terrorist activities and which is prohibitive or restrictive of the auction(s), the consignment auction contract with the Company and deliv- or other criminal activity or that the Principal is under investi- sale of the Lot, or any other performance contemplated by ers the Lots to the Company. The insured amount shall be gation, or has been charged with or convicted of without lim- the consignment auction contract; any outbreak of disease, based on the Reserve agreed by the Seller and the Company itation tax evasion, money laundering, terrorist activities or public health emergency, quarantine, epidemic, pandemic, in the consignment auction contract (if there is no Reserve, it other criminal activity; and (iii) the Agent will disclose to the nuclear or chemical contamination, or other condition that shall be the agreed insured amount of the Lot; if the Reserve Company the identity of the Agent s Principal and the Agent threatens the life, health, or safety of the Company s per- is adjusted, it shall be the original Reserve of the Lot). ﬔe consents to the Company relying on the Agent s due dili- sonnel, vendors, or clients as determined by the Company in insured amount is only applicable to insurance and claim for gence and the Agent will retain for a period of not less than 5 its reasonable discretion. compensation, is not the Company s warranty or guarantee years the documentation evidencing the due diligence. ﬔe Without prejudice to the above, in the event that the Compa- for the value of the Lot, and does not mean that the Lot can Agent will make such documentation promptly available for ny determines not to conduct an auction on the scheduled be sold for an amount equal to the insured amount through immediate inspection by an independent third-party upon date as a result of circumstances beyond its control or which any auction by the Company. the Company s written request to do so. make such performance impracticable, the Company may 10.ﬔe Company reserves the right to seek identification of postpone or cancel any auction, or change the platform for ARTICLE 14 INSURANCE PREMIUM the source of funds received, and to make enquiries about any or format of any auction (including but not limited to from a If the Lot is sold, the insurance premium payable by the Seller person transacting with the Company. If the Company has not live auction to an online auction only), and the sale of the Lot shall be 1% of the Hammer Price unless otherwise agreed by completed its enquiries in respect of anti-money laundering, an- shall be subject to these Conditions of Business applicable the Seller and the Company. If the Lot is not sold, the Seller ti-terrorist financing or other checks as it considers appropriate to the auction in which the Lot will be placed. shall as well pay the insurance premium at 1% of the Reserve. concerning the Seller or where the Seller is acting as Agent, the Agent and its Principal, or the Buyer to the Company s satis- ARTICLE 10 LOT NOT AUCTIONED ARTICLE 15 INSURANCE PERIOD faction at its discretion, the Company shall be entitled either not After the Seller has signed the consignment auction contract If the Lot is sold in the auction, the insurance period shall to complete or to cancel the sale of any lot, as appropriate, and with and delivered the Lot to the Company, if for any reason terminate at the earlier of the seventh day after the Sale Date to take any further action required or permitted under applica- the Company believes that the Lot is not suitable for auction (including the Sale Date) and the date when the Buyer collects ble law without any liability to the Seller. by the Company, the Seller shall collect the Lot within thirty the Lot. If the Lot is not sold in the auction, the insurance period 11.If the Seller violates any of the above warranties and days from the issuance date of the Company s notice (fees shall terminate upon the expiry of thirty days after the Company undertakings, the Seller shall fully indemnify all losses, costs for packaging and transportation shall be at the Seller s issues the notice on the collection of the Lot. and expenses suffered by the Company and/or the Buyer. own expense). The consignment auction contract between the Seller and the Company will terminate on the date when ARTICLE 16 INSURANCE BY THE SELLER ARTICLE 8 RESERVE the Seller collects the Lot. If during the above-mentioned pe- In the event that the Seller notifies the Company in writing 1.Unless otherwise agreed upon by the Company and the riod the Seller fails to collect the Lot, the consignment auc- not to insure the Lot, it shall undertake all the risks and the Seller, all Lots are offered subject to a Reserve. ﬔe Reserve tion contract will automatically terminate upon the expiration following liabilities at any time (unless otherwise ruled by an shall be determined by the Seller and the Company in writing of such period. If within seven days after the termination of arbitration institution): through consultation, and no modification of the Reserve the consignment auction contract the Seller does not col- 1.To compensate for any claim or action brought by any other shall be made without the prior consent of the other party lect the Lot, the Company shall have the right to charge the parties against the Company with respect to the damage or after it is determined by both parties. Storage Fee, insurance fees and other reasonable expenses, destruction of the Lot; 2.Unless otherwise agreed in writing, the Reserve for each and to dispose of the Lot in a way the Company deems prop- 2.To compensate the Company and/or any other parties for Lot will be equal to seventy five per cent (75%) of the low pre- er. ﬔe Seller is responsible for the collection of, if any, the all losses suffered and all expenses incurred because of the sale estimate notified to the Seller. amount obtained from the disposal after deducting all the damage or destruction of the Lot caused by any reason; and 3.No Reserve may exceed the Lot s final low pre-sale esti- fees and expenses incurred by the Company. 3.To notify the compensation related provisions herein to any mate announced or published by the Company. In the event insurer of the Lot. of a Reserve agreed in a currency other than Hong Kong ARTICLE 11 SUSPENSION OF AUCTION dollars without written agreement on the exchange rate, the ﬔe Company has the right to suspend the auction of any Lot ARTICLE 17 INSURANCE DISCLAIMER Reserve shall be an amount equal to the Hong Kong dollar at any time before the actual auction in any one of the follow- ﬔe damage or destruction of the Lot caused by natural wear, equivalent based on the average telegraphic transfer ex- ing situations: inherent flaws, internal or potential defects, change of sub- change rate offered by HSBC on the thirtieth calendar days 1.ﬔe Company has an objection to the ownership or authen- stance itself, self-combustion, self-heating, oxidation, corrosion, preceding the auction. ticity of the Lot; leakage, rat-bite, worm-bite, change in the atmosphere (climate 4.Following the bidding failure of the Lot authorized by the 2.Any third party has an objection to the ownership or or air temperature), change in humidity or temperature, or other Seller, the Auctioneer shall have the right to sell such Lot at authenticity of the Lot and can provide relevant evidence gradual changes or caused by force majeure such as earth- the Reserve after such auction and the Seller must pay the materials as to the basis of such objection, pays a security quake, tsunami, war, hostile action, armed conflict, terrorism, Commission to the Auctioneer. In no circumstance shall the pursuant to the Company s requirements and is willing to coup, strike and social riot, or nuclear radiation or radioactive Company bear any liability for failure to sell the Lot at the take the corresponding liabilities for the legal consequences pollution as well as the damage or destruction of book frames, Reserve at the auction held by the Company. and all losses caused by the suspension of auction; glass, drawers, bottom pads, trestles, mountings, insert pages, 3.The Company has an objection to the explanation of the scroll heads or other similar accessories caused by any reason ARTICLE 9 THE COMPANY S DISCRETION Seller or the accuracy of the Seller s warranty mentioned in is not within the scope of insurance coverage. The aforesaid ﬔe Company may decide the following matters at its abso- Article 7 hereof; risks should be borne by the Seller. lute discretion: 4.Any evidence proves the Seller has violated or will violate 1.Explanation and/or appraisal of any aspect of any Lot any provisions of these Conditions of Business; ARTICLE 18 INSURANCE INDEMNITY through the catalogue of the Lot and/or news media and/or 5.For any other reason, the Company believes that the auc- Any damage or destruction of the Lot caused by incidents or other carriers; tion of such Lot shall be suspended; or disasters covered by the insurance purchased by the Compa- 2.Whether to consult any expert or not; 6.If the Company is aware of any ownership or other dispute ny for the Lot shall be handled in accordance with the laws of