文房清玩·古玩杂件专场

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文房清玩·古玩杂件专场

against the Buyer for his breach of contract, and demand the Buyer to pay the hammer price, commission and other expenses as well as compensation for all the losses for his breach of contract (including, but not limited to fees for lawyer’s first, second instance and review as well as prosecution procedure. Every procedure shall be no more than 7% of the value of the subject matter of the action or the subject matter of execution to be applied for, and guarantee of attachment).(2) Do not transfe... [收起]
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文房清玩·古玩杂件专场
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第151页

against the Buyer for his breach of contract, and demand the Buyer

to pay the hammer price, commission and other expenses as well as

compensation for all the losses for his breach of contract (including, but

not limited to fees for lawyer’s first, second instance and review as well

as prosecution procedure. Every procedure shall be no more than 7%

of the value of the subject matter of the action or the subject matter of

execution to be applied for, and guarantee of attachment).

(2) Do not transfer any one of the articles at the Auctioneer to the Buyer.

(3) Denounce the defaulter by name and his default practice through news

media.

(4) Sell the article again by auction or by other means. If the Auctioneer puts

the concerned article in auction again or sells the article, the Buyer shall

pay the commission which himself and the Seller should have paid in the

previous auction. If the article is auctioned/sold at the price lower than

the original one, the Buyer shall pay the difference to the Auctioneer. If

the article is auctioned/sold at the price higher than the original one, the

surplus shall go to the Auctioneer or the Seller, which does not exempt

the original Buyer from bearing the liability for any breach of contract.

(5) From the 8th day after the sale date, the Auctioneer shall charge the Buyer

interest at a rate of 0.05% per day and storage fee at a rate of 0.03% per

day on the due and unpaid amount until such a payment is made fully,

unless otherwise agreed by the Buyer and the Auctioneer. If the Buyer stalls

the payment, the interest and storage fee accrued due to the delay as well as

other losses caused to the Auctioneer accordingly shall be paid as well as the

purchase price and other amounts the Buyer shall pay to the Auctioneer

(6) The deposit shall not be returned to the Buyer. And the Buyer shall pay

30% of the unpaid amount to the Auctioneer as a penalty.

(7) In the event that the Buyer fails to pay any one of the articles at the

agreed time according to the Conditions of Business after the successful

bidding of several articles under the same bidding paddle, the Auctioneer

shall not return all the deposits to the Buyer. The Buyer has no right to

take away any one of the articles before he pays off in full.

(8) Within 7 days of the successful bidding, if the Buyer fails to pay the due

amount to the Auctioneer and the Seller proposes to retrieve the article,

the contract between the Auctioneer and the Buyer shall be deemed

as terminated upon the approval of the Auctioneer. The Auctioneer,

however, still has the right to require the Buyer to take the liability.

(9) After the successful bidding, if the Buyer fails to make due payment, the

Auctioneer shall have the right to entrust a third party to collect all or

part of the default payment from the Buyer.

9. Statement of Guarantee

According to the Auction Law of the People’s Republic of China, the

Auctioneer declares that the introduction and comments, including photos,

pictures, slides and news reports about any auction article made by any one

of the agents are for reference only, and can never be interpreted as a sort

of guarantee. The Auctioneer undertakes no guarantee for the authenticity

and quality of any article. So the Buyer (including the trustee) shall examine

the auction article in person and be legally responsible for his bidding.

Part II Main Stipulations for the Seller

1. The Seller and guarantee

(1) The Seller shall be the auction truster. The Auctioneer shall take

the truster as the legal owner of a certain property in the absence of

particular statements; if the article is a co-owned property, the Auctioneer

shall take the truster as the representative of the co-owners and deem

that the truster has got the permission in the absence of the truster’s

statements.

(2) The Seller shall show his Identification Card or other valid identity

certificates, together with relevant certificate about the potential auction

article when he intends to trust the Auctioneer to sell his article by

auction. The Seller should also state the origin and content of the

article to the Auctioneer and sign a “Consignment Agreement” with the

Auctioneer.

(3) The Seller shall have the “right of disposal” or ownership of the article

trusted to the Auctioneer for the sale, and he shall be legally responsible

for all disputes caused by exhibition, propaganda, publication, auction

and so on, hence the Seller shall compensate the Auctioneer for any

economic loss and defamation arising from the disputes concerned.

(4) The Seller shall provide the Auctioneer with all kinds of information he

knows or ought to know, regarding the origin and defects of the potential

auction article, so as to facilitate the Auctioneer to check the article.

(5) The Seller shall not bid his trusted auction article nor trust or employ

others to bid for the trusted article.

2. As for the article trusted by the Seller, the Auctioneer shall be fully entitled

to handle the following matters:

(1) To decide whether a certain article is fit for auction, and the time, place,

terms and by which means the auction will be held.

(2) To introduce and comment on any auction article in the catalogue and

through news media.

(3) To terminate the agreement (withdraw an article) any time before the

auction day, or to adjust its base price after negotiating with the Seller.

3. The base price

(1) All auction articles shall have their respective base price. The Seller shall

have the right to reach a written agreement with the Auctioneer about

the base price. If the Seller wishes to change the base price agreed by

both parties, he shall get the approval from the Auctioneer first.

(2) The Auctioneer shall not sell an auction article at a price that is lower

than the base price. Under the condition that the Auctioneer guarantees

that the Seller’s actual proceeds is no less than the amount he shall get

when the article is sold at the base price, the Auctioneer shall auction the

article at a price that is lower than the base price.

4. Auction on consignment

It refers to the way in which the Seller negotiates with the Auctioneer

before signing a Consignment Agreement according to which the Seller shall

get the auction proceeds after paying the Auctioneer a certain proportion of

auction fee and commission on the basis of the hammer price.

5. Commission and other charges

(1) Except otherwise regulated, commission accounts for 10% of the

hammer price, while the Seller will not be charged in case the trusted

article goes unsold.

(2) Premium accounts for 1% of the hammer price; printing and

photography fees can be referred to in the Auctioneer’s charging list.

(3) If the Seller refuses to pay the above-mentioned commission and other

charges, the Auctioneer shall deduct the amount from the auction

proceeds after the sale of the article.

(4) The Seller shall acknowledge all kinds of reasonable expenses the

Auctioneer collects from the Buyer according to the agreements.

6. Insurance

(1) Except otherwise hinted by the Seller, the Auctioneer has the right to buy

insurance for the article or keep the article from the day when the Seller

and the Auctioneer sign a Consignment Agreement and the Seller trusts

the article to the Auctioneer to the day when the Buyer completes full

payments of his bidding or within 35 days after the auction date.

(2) The Seller shall pay 1% of the hammer price as premium. If the

article fails to be auctioned, the Seller shall pay 1% of the base price as

premium.

(3) If the Auctioneer is demanded by the Seller in written form not to effect

the insurance of his auction article, then the Seller shall be responsible

for all the accidents while the Auctioneer shall not be responsible for

them. And the Seller shall be liable if there are economic losses and

expenses caused by the accidents.

(4) The Auctioneer shall not be responsible for the damages caused by insects

and/or change of weather or other irresistible causes to the auction

article. If there are other reasons accounting for the damage done to

the article and indemnity is needed, then the matter shall be handled in

accordance with relevant Chinese insurance laws and regulations. Under

the condition that the insurance company agrees to pay the claimed

damages, the Seller shall get the rest of the indemnity after deducting the

fees (exclusive of commission) he shall pay to the Auctioneer.

7. Payment of proceeds of the auction

(1) If the Buyer has paid off the price in full to the Auctioneer and there is

no dispute whatsoever, the Seller shall get the rest of the sale proceeds

after deducting the fees as regulated in the Consignment Agreement and

Conditions of Business starting from the 35th day after the sale date,.

(2) If the Buyer pays the due amount after (or more than) 35 days of the

auction date to the Auctioneer, the Auctioneer shall pay the proceeds to

the Seller as regulated within 7 working days after receiving the Buyer’s

payment in full.

(3) RMB shall be the currency the Auctioneer shall pay the Seller after the

auction, except otherwise agreed upon by both parties.

(4) According to relevant laws and regulations of the People’s Republic

of China, the Auctioneer should withhold the tax to the competent

authority.

8. Charges for the withdrawal of auction articles

The Seller may withdraw the article before the auction date subject

to the Auctioneer’s consent with a written notice stating the reasons. In the

case the catalogue or any other advertisements of the article have begun

to be printed before the Seller’s withdrawal, the Seller shall pay an amount

第152页

NOTICE TO THE BIDDER

1. The place where obligations of a contract are fulfilled should be the place

where the Auctioneer is located at.

2. The Conditions of Business, which is published on the catalogues, should

be read carefully by the Bidder and complied with strictly.

3. The Bidder shall present his own valid Identification Card, passport

or other relevant documents to undergo registration procedure. For a

paddle registration, the Bidder shall pay a deposit of RMB 200,000.

To bid in sales of Chinese paintings & calligraphy (including Important

Manuscripts and Photographs), Modern and Contemporary Oil

Paintings, Following Lu Xun and China's New Woodcut Movement:

Rong Ge Memorial Sale for His Woodcut Career, the Bidder shall pay a

deposit of RMB 500,000. The Bidder who bids for lots at a total purchase

price of RMB 10,000,000 (commission included) or more shall pay an

additional deposit of RMB 500,000.

4. The Bidder can authorize his agent to bid if the Bidder is unable to be

present at the auction hall and place a bidding. Before the auction date,

the trustee shall present an authorization letter which is recognized by

the Auctioneer to prove him as the agent of the Bidder, otherwise each

Bidder shall be deemed as the Bidder himself.

5. Besides cash and cheque, payments can be remitted directly to the banks

where the Auctioneer has accounts.

Deposit Bank

BENEFICIARY NAME: XILINGYINSHE AUCTION Co., Ltd.

BENEFICIARY BANK: INDUSTRIAL AND COMMERCIAL BANK

OF CHINA, HANGZHOU CHENGZHAN

DISTRICT BRANCH

A/C NO: 1202027709814004367 SWIFT BIC: ICBKCNBJZJP

equal to 30% of the article’s base price and other expenses. In the case the

catalogue or any other advertisements of the article have not begun to be

printed after the Seller’s withdrawal, the Seller shall pay an amount equal

to 20% of the article’s base price and other expenses. Any dispute or claim

arising out of the Seller’s withdrawal shall be borne by the Seller.

9. Unsold auction articles or contract rescission between the Buyer and the

Auctioneer

If an article fails to be auctioned or the contract is rescinded between

the Buyer and the Auctioneer due to any other reason, the Seller shall take

the article back at his own expense within 60 days after the auction date or

the contract rescission. After the expiry of such a period, the Auctioneer

shall have the right to auction the article publicly. The Auctioneer shall also

be entitled to demand the Seller to pay all amounts due after the article is

auctioned. And the Auctioneer shall charge the Seller storage fees at a rate

of 0.03% per day on the base price after the auction date or the contract

rescission. The Seller shall be responsible to all the risks and accidents

thenceforward.

Part III Other Rights and Duties of the Auctioneer

1. The Auctioneer shall provide services for both the Seller and the Buyer,

but it shall not be responsible for any Buyer or Seller’s breach of contract.

2. The Auctioneer shall be entitled to refuse any bid which comes after the

hammer price, raise bidding price, withdraw any auction article and sell

the article in another auction if there are any disputes.

3. The Auctioneer shall have the right to hold exhibitions, auctions, and

make announcements, catalogues and other forms of publications to

introduce the auction article.

4. The Auctioneer shall ask the Bidder to notice the defects in an auction

article, examine the article and decide his own bidding.

5. The Auctioneer shall have the right to determine, together with the Seller,

the base price, and to determine the name of currency in auction, means

of auction and bidding increments.

6. The Auctioneer shall keep it confidential concerning the Buyer and the

Seller in accordance with the laws of the People’s Republic of China

and the business rules of the Auctioneer; the Auctioneer shall protect

the rights and interests of the Buyer, the Seller and the Auctioneer from

infringement.

7. According to the agreement between the Auctioneer and the Seller,

the Seller shall be the owner of the auction article and shall be legally

responsible. The Auctioneer shall not accept or hear any cases regarding

different opinions from other persons about the ownership of the auction

articles the Auctioneer is going to sell. If the Auctioneer receives an

announcement or decision made in accordance with law from the judicial

departments before the auction, the Auctioneer shall have the right to

stop the auction.

Part IV Definitions of the Terms Used in This Document and Other

Terms

The definitions of the terms used in this document and catalogue are

as follows:

1. “The Company”, “The Auctioneer” refer to the Xiling Yinshe Auction

Co., Ltd.

2. “Different kinds of expenses” refers to expenses collected by the

Auctioneer for insurance, catalogue and so on.

3. “Imitation” refers to an auction article different from the caption

described in catalogue, including its author, origin, date, period and

background.

4. “Auction article” refers to an article or property rights consigned by the

Seller to the Auctioneer for sale in the auction.

5. “Base price” refers to the lowest hammer price that should be reached in

the auction.

6. “Estimated price” refers to the estimated price of each article shown in

the Auctioneer’s catalogue. The price is subject to alteration.

7. “Hammer price” refers to the price of a certain auction article upon

which the Auctioneer’s hammer falls.

8. “Purchase price” refers to the total amount of hammer price and

commission that should be paid by the Buyer.

9. “Commission” refers to the expenses collected on a certain percentage by

the Auctioneer from both the Buyer and the Seller.

10. “Auction proceeds” refers to the amount paid by the Auctioneer to

the Seller after deducting commission calculated by certain rate, other

expenses and the amount that the Seller should pay to the Auctioneer on

the basis of the hammer price.

11. “Sale/Auction date” means the date on which the Auctioneer confirms

the sale of any article in the auction by striking his hammer or in any

other public manner.

12. “Notice” refers to a notice in written form. The Auctioneer sends out

notice and letters to the address provided by the Consigner, Bidder and

Buyer. Once the notice/letter is sent out, it is deemed as delivered to

whom is concerned.

13. “Seal” refers to a seal in an auction article..The seal’s caption in the

Auctioneer’s Catalogue is for the Buyer’s reference only

14. “Color” in the catalogue means an auction article (a piece of Chinese

calligraphy or painting) is colored.

15. “Defect” refers to authenticity and some tiny flaws in the artwork. The

Auctioneer believes all works of art are subject to defects or flaws caused

by nature, artists of improper preservation. So the Auctioneer shall ask

the Bidder to examine the auction article if he can find any obvious

or hidden defects. There is a traditional Chinese saying: “The defects

cannot obscure the virtues”. In a word, the Bidder shall determine

before bidding whether a certain defect counts or not.

16. The place where obligations of a contract are fulfilled refers to the place

where the Auctioneer is located at.

17. The jurisdiction shall be for the court whose jurisdiction area includes

the domicile of the Auctioneer. The court shall exercise jurisdiction

over disputes in the performance of Consignment Agreement and

the contract between the Auctioneer, the Bidder, the Seller and other

interested parties.

18. The contact or identification information registered by the Seller, Bidder

or Buyer at the Auctioneer is deemed as the information based on which

the Auctioneer makes contact with. Notice or other legal documents sent

by the Auctioneer or agent and judicial authority using such information

to the Seller, Bidder and Buyer is deemed to have been served. For

any change in such information, a written notice to the Auctioneer is

necessary, otherwise the change is invalid.

*If there are any differences in the comprehension of the English version of

the document, the Chinese version shall prevail.

*The right to interpret the Conditions of Business is reserved by the

Auctioneer.

第153页

CATALOGUES

付款方式  METHOD OF PAYMENT

□邮购 Mail order        □银行汇票 Draft        □支票 Cheque

□信用卡 Credit card      □银联 Unionpay

卡号 Card no.

有效日期 Valid date

签字 Signature

联系方式  SEND CATALOGUES TO

姓名 Name

地址 Add

邮编 Post code

电话 Tel

传真 Fax

如需预订全年或以往图录,请与公司客服中心联系 0571-87812580

For subscription of catalogues, please contact the Department of Customer Service +86 571 8781 2580

注:请在所选图录的价格前方块内画勾,图录的预订价格为工本费并含邮资,以人民币结算。(postage included)

西泠印社 2022 秋 季 拍卖会图录预订

2022年秋季拍賣會圖錄 國內 港台 國外

中國書畫古代作品暨明清信札手跡專場 □ 400 □ 450 □ 500

西泠印社部分社員作品專場 □ 350 □ 400 □ 450

中國書畫近現代同一上款作品專場 □ 200 □ 250 □ 300

中國書畫近現代名家作品專場 □ 250 □ 300 □ 350

中國書畫扇畫作品專場 □ 150 □ 200 □ 250

追隨魯迅和中國新興木刻運動——戎戈

一生木刻創作紀實專場 □ 150 □ 200 □ 250

中外名人手跡與影像藝術專場 □ 350 □ 400 □ 450

中國名家漫畫·插圖連環畫專場 □ 200 □ 250 □ 300

文房清玩·歷代名硯暨古墨專場 □ 200 □ 250 □ 300

文房清玩·近現代名家篆刻專場 □ 300 □ 350 □ 400

中國歷代瓷器專場 □ 200 □ 250 □ 300

江南心境·文房瓷器專場 □ 200 □ 250 □ 300

江南心境·首屆茶花香器專場 □ 200 □ 250 □ 300

萃古熙今·文房古玩專場 □ 200 □ 250 □ 300

2022年秋季拍賣會圖錄 國内 港台 國外

文房清玩·古玩雜件專場 □ 300 □ 350 □ 400

忘憂·文人書齋清玩專場 □ 200 □ 250 □ 300

秋吟·龔心釗、高振霄、高式熊家藏

宮廷蛐蛐罐雅玩專場 □ 200 □ 250 □ 300

古籍善本·金石碑帖專場 □ 250 □ 300 □ 350

中國歷代紫砂器物暨茶文化專場 □ 250 □ 300 □ 350

中國古代玉器及當代名家玉雕專場 □ 250 □ 300 □ 350

中國歷代錢幣專場 □ 250 □ 300 □ 350

中外陳年名酒及滋補佳品專場 □ 200 □ 250 □ 300

百年登喜路·首屆煙斗藝術專場 □ 200 □ 250 □ 300

華藏寶相·歷代佛教藝術專場 □ 250 □ 300 □ 350

西方古物專場 □ 200 □ 250 □ 300

東方瑞麗·珠寶翡翠專場 □ 250 □ 300 □ 350

現當代油畫專場 □ 300 □ 350 □ 400

全套27本 □ 6450 □ 7800 □ 9150

第154页

图录号

Lot No.

拍卖品名称

Title

出价(人民币元)

Bid Price (RMB)¥

(一) 委託人同意西泠印社拍卖有限公司指派工作人员代委託人进行竞买。

(二) 受託人应以尽可能低的价格代为竞买,竞买成交价不得高于委託价。

(三) 委託人应在拍卖日前三天内向西泠印社拍卖有限公司提供有关资信及身份证明并将委託价的30%作为保证金汇入受託人账户,否则受託

人有权拒绝接受委託。

(四) 若竞买成功,竞买委託人承诺按西泠印社拍卖有限公司《拍卖规则》的规定向西泠印社拍卖有限公司支付成交价及成交价的15%的佣金

後领取拍卖品(包装及运费自负)。

(五) 受託人(包括受託人指派的工作人员)对竞买未成功或在竞买过程中出现的疏忽、过失或无法代为竞买等不承担任何责任。

(六) 受託人根據委託人填寫在本《委託競投授權書》中的手機號碼、固定電話號碼、即時通訊軟件進行溝通,所產生的法律後果由委託人承

擔。雙方按照本授權書中確定的地址所發出的通知,一經發出即視爲送達。

(七) 西泠印社拍賣有限公司就《拍賣規則》中免除或減輕其責任等與委託人有重大利害關係的條款,在委託人委託前已經向本人進行了提示或說

明,委託人已仔細閱讀並同意在委託過程中按西泠印社拍賣有限公司的《拍賣規則》規定的各項條款執行。對委託競買的一切後果承擔責任。

委託競買授權書

BID ORDER

委託人姓名

地址

电话/手機 微信號

邮编 E-mail

身份证 / 护照号码

特别提示:

1.委託人需按上述列表中的要求逐项清楚、完整填写。

2.委託人如果撤销本授权书,应在拍卖日前二十四小时书面通知受託人。

3.如委託人以电话方式委託竞买,也应出具书面授权委託书,经受託人同意後方可生效。

4.若參與西泠印社二〇二二秋季拍賣會競買,請隨附身份證或護照復印件。

5.以下为西泠印社拍卖有限公司指定银行账户信息:

委託人聲明:本人對西泠印社二〇二二年秋季拍賣會下列編號拍品按表列價格進行委託競買,並承諾接受以

下條件:

NOTICE: THE BUYER SHOULD ACCEPT THE CONDITIONS OF BUSINESS AND CONSIGN TO BID FOR THE

LOT(S) AT THE PRICE(S) LISTED IN THE FOLLOWING FORM:

拍卖日期:

2022年12月30日-2023年01月 0 1 日

DATE: DECEMBER 30, 2022-JANUARY 1, 2023

西泠印社二〇二 二秋季 拍賣會

XILING YINSHE 2022 AUTUMN AUCTION

杭州市清吟街127號 郵編:310003 電話:0571-87896778(總機) 87808099(財務) 87812580(客服) 傳真:0571-87812600

西泠印社拍賣有限公司 XILING YINSHE AUCTION CO., LTD.

人民幣賬戶

開戶名稱:西泠印社拍賣有限公司

開戶行:中國工商銀行杭州市城站支行

賬 號:1202027609900034995

外幣(美元)賬戶

開戶名稱:西泠印社拍賣有限公司

開戶行:中國工商銀行杭州市城站支行

賬 號:1202027709814004367

BENEFICIARY NAME:XILINGYINSHE AUCTION Co.,Ltd.

BENEFICIARY BANK: INDUSTRIAL AND COMMERCIAL BANK OF CHINA,

HANGZHOU CHENGZHAN DISTRICT BRANCH

A/C NO:1202027709814004367          SWIFT BIC:ICBKCNBJZJP

開戶名稱:西泠印社拍賣有限公司

開戶行:中信銀行錢江支行

賬 號:8110801013001019779

本人承諾,本人己認真閱讀理解並願意接受西泠印社拍賣有限公司《拍賣規則》中的各項條款。本人接受並授權西泠印社拍賣有限公司

使用與本場拍賣有關的全部競買號牌,本人認可該全部號牌項下的競買行為均系本人之真實競買行為。

委託人签字

年  月  日

第156页

文房清玩·古玩雜件專場杭州 2023.1.1

S T U D Y S E R I E S · R E F I N E D A R T I C L E S I N T H E S T U D Y

文房清玩·古玩雜件專場

二〇二二年秋季拍賣會

拍賣有限公司

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