against the Buyer for his breach of contract, and demand the Buyer to handle the following matters: to pay the hammer price, commission and other expenses as well as (1) To decide whether a certain article is fit for auction, and the time, place, 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 terms and by which means the auction will be held. as prosecution procedure. Every procedure shall be no more than 7% (2) To introduce and comment on any auction article in the catalogue and of the value of the subject matter of the action or the subject matter of execution to be applied for, and guarantee of attachment). through news media. (2) Do not transfer any one of the articles at the Auctioneer to the Buyer. (3) To terminate the agreement (withdraw an article) any time before the (3) Denounce the defaulter by name and his default practice through news media. auction day, or to adjust its base price after negotiating with the Seller. (4) Sell the article again by auction or by other means. If the Auctioneer puts 3. The base price the concerned article in auction again or sells the article, the Buyer shall (1) All auction articles shall have their respective base price. The Seller 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 have the right to reach a written agreement with the Auctioneer about the original one, the Buyer shall pay the difference to the Auctioneer. If the base price. If the Seller wishes to change the base price agreed by the article is auctioned/sold at the price higher than the original one, the both parties, he shall get the approval from the Auctioneer first. surplus shall go to the Auctioneer or the Seller, which does not exempt (2) The Auctioneer shall not sell an auction article at a price that is lower the original Buyer from bearing the liability for any breach of contract. than the base price. Under the condition that the Auctioneer guarantees (5) From the 8th day after the sale date, the Auctioneer shall charge the Buyer that the Seller’s actual proceeds is no less than the amount he shall get interest at a rate of 0.05% per day and storage fee at a rate of 0.03% per when the article is sold at the base price, the Auctioneer shall auction the day on the due and unpaid amount until such a payment is made fully, article at a price that is lower than the base price. unless otherwise agreed by the Buyer and the Auctioneer. If the Buyer stalls 4. Auction on consignment 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 It refers to the way in which the Seller negotiates with the Auctioneer purchase price and other amounts the Buyer shall pay to the Auctioneer before signing a Consignment Agreement according to which the Seller shall (6) The deposit shall not be returned to the Buyer. And the Buyer shall pay get the auction proceeds after paying the Auctioneer a certain proportion of 30% of the unpaid amount to the Auctioneer as a penalty. auction fee and commission on the basis of the hammer price. (7) In the event that the Buyer fails to pay any one of the articles at the 5. Commission and other charges agreed time according to the Conditions of Business after the successful (1) Except otherwise regulated, commission accounts for 10% of the 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 hammer price, while the Seller will not be charged in case the trusted take away any one of the articles before he pays off in full. article goes unsold. (8) Within 7 days of the successful bidding, if the Buyer fails to pay the due (2) Premium accounts for 1% of the hammer price; printing and amount to the Auctioneer and the Seller proposes to retrieve the article, photography fees can be referred to in the Auctioneer’s charging list. the contract between the Auctioneer and the Buyer shall be deemed (3) If the Seller refuses to pay the above-mentioned commission and other as terminated upon the approval of the Auctioneer. The Auctioneer, charges, the Auctioneer shall deduct the amount from the auction however, still has the right to require the Buyer to take the liability. proceeds after the sale of the article. (9) After the successful bidding, if the Buyer fails to make due payment, the (4) The Seller shall acknowledge all kinds of reasonable expenses the Auctioneer shall have the right to entrust a third party to collect all or Auctioneer collects from the Buyer according to the agreements. part of the default payment from the Buyer. 6. Insurance 9. Statement of Guarantee (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 According to the Auction Law of the People’s Republic of China, the and the Auctioneer sign a Consignment Agreement and the Seller trusts Auctioneer declares that the introduction and comments, including photos, the article to the Auctioneer to the day when the Buyer completes full pictures, slides and news reports about any auction article made by any one payments of his bidding or within 35 days after the auction date. of the agents are for reference only, and can never be interpreted as a sort (2) The Seller shall pay 1% of the hammer price as premium. If the of guarantee. The Auctioneer undertakes no guarantee for the authenticity article fails to be auctioned, the Seller shall pay 1% of the base price as and quality of any article. So the Buyer (including the trustee) shall examine premium. the auction article in person and be legally responsible for his bidding. (3) If the Auctioneer is demanded by the Seller in written form not to effect Part II Main Stipulations for the Seller the insurance of his auction article, then the Seller shall be responsible 1. The Seller and guarantee for all the accidents while the Auctioneer shall not be responsible for (1) The Seller shall be the auction truster. The Auctioneer shall take them. And the Seller shall be liable if there are economic losses and expenses caused by the accidents. the truster as the legal owner of a certain property in the absence of (4) The Auctioneer shall not be responsible for the damages caused by insects particular statements; if the article is a co-owned property, the Auctioneer and/or change of weather or other irresistible causes to the auction shall take the truster as the representative of the co-owners and deem article. If there are other reasons accounting for the damage done to that the truster has got the permission in the absence of the truster’s the article and indemnity is needed, then the matter shall be handled in statements. accordance with relevant Chinese insurance laws and regulations. Under (2) The Seller shall show his Identification Card or other valid identity the condition that the insurance company agrees to pay the claimed certificates, together with relevant certificate about the potential auction damages, the Seller shall get the rest of the indemnity after deducting the article when he intends to trust the Auctioneer to sell his article by fees (exclusive of commission) he shall pay to the Auctioneer. auction. The Seller should also state the origin and content of the 7. Payment of proceeds of the auction article to the Auctioneer and sign a “Consignment Agreement” with the (1) If the Buyer has paid off the price in full to the Auctioneer and there is Auctioneer. no dispute whatsoever, the Seller shall get the rest of the sale proceeds (3) The Seller shall have the “right of disposal” or ownership of the article after deducting the fees as regulated in the Consignment Agreement and trusted to the Auctioneer for the sale, and he shall be legally responsible Conditions of Business starting from the 35th day after the sale date,. for all disputes caused by exhibition, propaganda, publication, auction (2) If the Buyer pays the due amount after (or more than) 35 days of the and so on, hence the Seller shall compensate the Auctioneer for any auction date to the Auctioneer, the Auctioneer shall pay the proceeds to economic loss and defamation arising from the disputes concerned. the Seller as regulated within 7 working days after receiving the Buyer’s (4) The Seller shall provide the Auctioneer with all kinds of information he payment in full. knows or ought to know, regarding the origin and defects of the potential (3) RMB shall be the currency the Auctioneer shall pay the Seller after the auction article, so as to facilitate the Auctioneer to check the article. auction, except otherwise agreed upon by both parties. (5) The Seller shall not bid his trusted auction article nor trust or employ (4) According to relevant laws and regulations of the People’s Republic others to bid for the trusted article. of China, the Auctioneer should withhold the tax to the competent 2. As for the article trusted by the Seller, the Auctioneer shall be fully entitled 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