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中國嘉德香港2022秋季十週年慶典拍賣會觀古II——玉器金石文房藝術

发布时间：2022-9-17 | 杂志分类：其他

作者: 中國嘉德香港

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中國嘉德香港2022秋季十週年慶典拍賣會觀古II——玉器金石文房藝術

{{`发布时间：2022-9-17`}} | 云展网企业画册制作宣传册其他中國嘉德香港2022秋季十週年慶典拍賣會觀古II——玉器金石文房藝術

circumstances, the catalogue descriptions and condition reports may serve as reference about certain defects in the Auction Properties. Nevertheless, the Bidder should note that the Auction Properties may have other defects not expressly stated in the catalogue or condition reports.4. The information concerning any Auction Property provided to the Bidder, including any forecast information (written or verbal), and any information, rules or other reports, commentaries or estimated values containe... [收起]

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circumstances, the catalogue descriptions and condition reports may serve

as reference about certain defects in the Auction Properties. Nevertheless,

the Bidder should note that the Auction Properties may have other defects not

expressly stated in the catalogue or condition reports.

4. The information concerning any Auction Property provided to the Bidder,

including any forecast information (written or verbal), and any information,

rules or other reports, commentaries or estimated values contained in the

catalogues, are not statements of fact, but rather statements of the opinions

held by the Company. Such information may be revised at the sole discretion of

the Company from time to time.

5. Neither the Company nor the Seller gives any representations or warranties

as to whether any Auction Property is subject to any copyright or whether the

Buyer has bought the copyright in any Auction Property.

6. Subject to Articles 5(1) to 5(5) and the specifi c exemptions contained in Article

6 hereof, the catalogue descriptions and condition reports are made by the

Company in a reasonable and prudent manner (consistent with the provisions

relating to the Company as the Auction Agent) based on (1) the information

provided by the Seller to the Company; (2) academic and technical knowledge (if

any); and (3) generally accepted opinions of relevant experts.

Article 6 Exemption of Liability Toward the Buyer and Limitations

1. Subject to Article 5 and Articles 6(1) and 6(4) hereof, the Company or the Seller

shall not:

(1) be liable for any errors or omissions in the information provided by the

Company to the Bidder, whether verbally or in writing, regardless of whether

due to negligence or otherwise;

(2) give any guarantee or warranty to the Bidder, and any implied warranties or

conditions other than the express warranties given by the Seller to the Buyer

through the Company are excluded (except where it is provided in law that such

liabilities may not be exempted);

(3) be liable to any Bidder for any actions or omissions in respect of any matter

relating to the auction or sale of any Auction Property by the Company (regardless

of whether due to negligence or otherwise).

2. Unless the Company owns the Auction Property to be sold, it shall not be liable

for any breach of these Conditions by the Seller.

3. Without prejudice to Article 6(1) hereof, the amount of any claim that a Bidder

may lodge against the Company or the Seller shall be limited to the Hammer

Price of the Auction Property and the Buyer’s Commission. Under no

circumstance shall the Company or the Seller bear any consequential losses

incurred by the Buyer.

4. Article 6 hereof does not exempt or restrict the liability of the Company for any

fraudulent misrepresentation made by the Company or the Seller, nor for any

personal injury or death arising due to the negligence of or an omission by the

Company or the Seller.

Article 7 Catalogue and Other Descriptions of the Auction Property

All statements made by the Company about an Auction Property in the catalogue or

in the condition reports, or separately made verbally or in writing, are statements of

opinion only, and shall not be relied upon as statements of fact. Such statements do

not constitute any representation, warranty or assumption of liability by the Company

in any form. The relevant defects and restorations mentioned in the catalogue

or the condition report for an Auction Property are for guidance only and shall be

reviewed in person by the Bidder or a representative with the relevant knowledge.

The absence of a reference to the above-mentioned information does not mean that

the Auction Property is completely free from defects or has never been restored.

Furthermore, even if reference is made to a specifi c defect, this does not mean there

are no other defects.

Where there is a discrepancy between the tone, colour, texture or shape of an

Auction Property in the catalogue and/or in any other manner of illustration, video

recording or publicity materials and that of the original, due to printing, photographic

or other such technical reason, the actual Auction Property shall prevail.

Bibliographies cited in any description of an Auction Property by the Company, its

employees or its agents are for the Bidder’s reference only. The Company will not

provide the originals or photocopies of the bibliographic publications or other such

materials, and reserves the right to revise the cited descriptions.

Article 8 Reserve and Estimated Price

A Reserve is set for all of the Company’s Auction Properties, unless it is indicated

or stated that an Auction Property is not subject to such a Reserve. In general, the

Reserve is not higher than the low Estimated Price announced or published before

the auction by the Company. If a Reserve has not been set for an Auction Property,

unless there already have been bids, the Auctioneer shall have the right, at his or her

discretion, to decide the starting price, which, however, may not be higher than the

low Estimated Price of the Auction Property before the auction.

Under no circumstance shall the Company bear any liability in the event that the

bids for an Auction Property fail to reach the Reserve at the auction held by the

Company. If the bids for an Auction Property are lower than the Reserve, the

Auctioneer shall have the right, at his or her discretion, to sell the Auction Property

at a price lower than the Reserve. However, under such a circumstance, the amount

that the Company shall pay the Seller shall be the amount that the Seller would have

received had the Auction Property been sold at the Reserve.

An Estimated Price is estimated some time before the Auction Date, is not a

defi nitive selling price, and is not legally binding. No Estimated Price may serve as

a forecast of the Hammer Price for an Auction Property, and the Company has the

right to revise from time to time Estimated Price(s) that have already been made.

Article 9 Bidding at Auction

Bidders shall bid through the following methods:

1. The Bidder shall attend the auction in person, and complete the registration and

pay a bid deposit before obtaining a paddle as required, subject to Article 10 to

Article 12 hereof; or

2. Subject to Article 15 hereof, the Bidder may appoint the Company in writing

to bid on his or her behalf by a duly completed and signed Telephone Bidding

Form of the Company (“Telephone Bidding Form”); or

3. The Bidder shall adopt the Live Auction Platform which authorized by the

Company.

Article 10 Bidder Registration

Where the Bidder is an individual, he or she shall fi ll in and sign before the Auction

Date the registration documents on the strength of an identity document with

photo issued by the government (such as a resident identity card or passport),

and provide proof of his or her current address (e.g. a utility bill or bank statement);

where the Bidder is a company or other organization, it shall fill in and sign the

registration documents on the strength of its valid incorporation document, proof

of shareholding and lawful authorization document, and collect a paddle before the

Auction Date. The Company may request the Bidder to present banking information

for making payment or other proof of fi nancial standing.

Article 11 Paddle

The Company may, depending on the auction conditions and auction method,

announce before the Auction Date the conditions and procedures for obtaining a

paddle, including but not limited to formulating the qualifi cation conditions necessary

for Bidders to carry out the procedures for obtaining a paddle.

The Company solemnly reminds the Bidder that a paddle is the sole proof for the

Bidder to participate in the bidding in person. The Bidder shall keep the same in

safe custody and may not lend the same to other persons. In the event it is lost,

the Bidder shall promptly carry out the loss report procedures by way of a written

method approved by the Company.

All of the bidding acts carried out during the auction by a paddle holder, regardless

of whether he or she has been appointed by the Bidder, shall be deemed as having

been done by the paddle registrant himself or herself, and the Bidder shall bear the

legal liability for the acts of such person, unless the paddle registrant has himself

or herself carried out with the Company the procedures for reporting the loss of a

paddle by way of a written method approved by the Company, and the paddle in

question is declared void by the Auctioneer on the spot.

Article 12 Bid Deposit

When the Bidder participates in the Company’s auction, he or she shall pay a

bid deposit before collecting the paddle. The amount of the bid deposit shall be

announced by the Company before the Auction Date, and the Company has

the right to reduce or waive the bid deposit. If the Bidder fails to buy an Auction

Property and does not have any amounts owing to the Company, its divisions,

affiliates, subsidiaries or parent, or China Guardian, its divisions, affiliates,

subsidiaries or parent, the entire amount of the bid deposit shall be refunded to the

Bidder without interest within 14 working days after conclusion of the auction. If the

Bidder becomes the Buyer, the bid deposit shall automatically be transformed into

the deposit for payment of the Purchase Price of the Auction Property.

Article 13 Discretion of the Company

The Company has the right, at its discretion, to refuse anyone from participating

in the auction held by the Company, entering the auction venue, or taking photos,

audio recordings or video recordings, etc. in the auction venue.

Article 14 Bidding as Principal

Unless a particular Bidder has presented written proof to the Company indicating

that he or she is the agent of a particular Bidder and the same has been approved

in writing by the Company, each Bidder shall be deemed to be the Bidder himself or

herself.

Article 15 Telephone Bids

The Bidder shall attend the auction in person. If he or she cannot attend in person

or by way of an agent, he or she may appoint the Company in writing using the

Telephone Bidding Form to bid on his or her behalf. The Company shall have the

discretion to decide whether or not to accept such an appointment.

If the Bidder wishes to appoint the Company to bid on his or her behalf, he or she

should have completed the appointment procedures of the bids by the prescribed

deadline (no later than 24 hours before the Auction Date), present a duly completed

and signed Telephone Bidding Form to the Company, and paid the bid deposit

pursuant to these Conditions.

If, having appointed the Company to bid on his or her behalf, the Bidder wishes to

cancel the appointment, he or she shall notify the Company in writing no later than

24 hours before the Auction Date.

Article 16 Outcome of Telephone Bid

If the Bidder has appointed the Company to bid on his or her behalf, the bid

outcome and relevant legal liabilities shall be borne by him or her.

The Bidder shall accurately provide the instant communication method (such as

mobile phone number) and keep such instant communication instrument in safe

custody. While the Company is appointed to bid on the behalf of the Bidder, the

Bidder shall personally use the instant communication instrument. In event of loss

of, or loss of the control of, the instant communication instrument in question, the

Bidder shall promptly revise by way of a written method approved by the Company

the instant communication method provided on the Telephone Bidding Form.

While the Company is appointed to bid on the Bidder’s behalf, it will (use timely

and appropriate effort) to contact the Bidder, and all of the bidding information

transmitted by the instant communication instrument (regardless of whether it

is transmitted by the Bidder himself or herself or the Bidder’s Agent) shall be

deemed as having been transmitted by the Bidder himself or herself, and the

Bidder shall be legally liable for the actions thereof, unless the Buyer has himself or

herself altered by way of a written method approved by the Company the instant

communication method provided on the Telephone Bidding Form. Nevertheless,

under no circumstance shall the Company be liable for any unsuccessful attempt

to make contact or for any errors or omissions in the bids made using the instant

communication instrument in question.

Article 17 Disclaimer of Liability for Telephone Bid

Given that telephone bidding is a free service provided by the Company to the

Bidder for the purpose of transmitting bidding information, neither the Company

nor its employees shall be liable for unsuccessful bids or any errors, omissions,

negligence, fault or inability to bid on the Bidder’s behalf arising in the course of the

bidding on the Bidder’s behalf.

Article 18 Discretion of the Auctioneer

The Auctioneer shall have the absolute right of discretion in respect of the following

matters:

1. to refuse or accept any bid;

2. to conduct the auction in the manner he or she decides;

3. to withdraw any Auction Property, divide it into separate lots for auction or

combine any two or more Auction Properties and auction them together;

4. where an error or dispute occurs, whether during or after the auction, to decide

the successful Bidder, whether or not to continue the auction, to cancel the

auction or to auction the disputed Auction Property anew;

5. to open and conduct the bidding at the level and at bid increments that he or

she deems appropriate, and to bid on behalf of the Seller up to the amount of

the Reserve, by making a bid, by making consecutive bids or by making bids in

response to the bids of other Bidders;

6. to take other actions that he or she reasonably deems appropriate.

Article 19 No Reserve

For those Auction Properties without a Reserve, unless there are bids, the

Auctioneer shall have the right, at his or her own discretion, to decide the starting

price. If there are no bids at such price, the Auctioneer will, at his or her own

discretion, lower the price and continue the auction until a Bidder starts to bid,

whereupon he will increase the price from there and continue the auction.

Article 20 Image Display Panel and Currency Conversion Display Panel

For the convenience of Bidders, the Company may use image projection or other

manner of display panel during the auction. The information shown thereon shall

be provided for reference only. Regardless of whether there may be errors in the

information, such as the amount, reference number of an Auction Property, the

picture of an Auction Property or reference foreign exchange amount, etc., shown

on the image projection or other manner of display panel, the Company shall not be

liable for any losses arising as a result thereof.

Article 21 Successful Sale

Upon the confi rmation of the highest bid by the striking of the hammer or otherwise

by the Auctioneer, such Bidder’s bid shall be the successful bid, indicating that he or

she has become the Buyer of the Auction Property, and that a binding sales contract

has been concluded between the Seller and the Buyer.

Article 22 Commission and Charges

Once the Bidder has made a successful bid, he or she becomes the Buyer of

the Auction Property. The Buyer shall pay to the Company a commission to be

calculated as follows: For each Auction Property, those part of Hammer Price which

is HKD5 million or below, the commission shall be equivalent to 20% of the Hammer

Price; for each Auction Property whose Hammer Price exceeds HKD5 million, the

commission applicable to those part of the Hammer Price between HKD5 million

to HKD20 million shall be equivalent to 17% thereof and the commission applicable

to those part of the Hammer Price above HKD20 million shall be equivalent to 14 %

thereof. The Buyer shall also pay to the Company other Buyer Charges, and accepts

that the Company may charge the Seller a commission and other Seller charges in

accordance with the Conditions of Business for Sellers.

Article 23 Taxes

All the monies paid to the Company by the Buyer shall be the net amount, exclusive

of any tax on goods, tax on services or other value added tax (whether levied by

Hong Kong or another region). If any taxes or levies are applicable to the Buyer, he

or she shall solely bear the same in accordance with the relevant laws currently in

force.

Article 24 Payment Deadline

Unless otherwise agreed in writing, after a sale, the Buyer shall pay the Purchase

Price in full to the Company and collect the Auction Property within seven days from

the Sale Date, regardless of any export, import or other permit regulations for the

Auction Property. All packing and handling charges, freight and insurance charges,

export related charges, etc. involved, if any, shall be paid by the Buyer together with

the foregoing.

Article 25 Payment Currency

All monies shall be paid in Hong Kong dollars. If the Buyer pays in a currency other

than the Hong Kong dollar, the same shall be converted at the exchange rate agreed

between the Buyer and the Company or at the exchange rate for the Hong Kong

dollar and the currency in question posted by The Hong Kong & Shanghai Banking

Corporation Ltd. one working day prior to the date of payment by the Buyer. All

bank service charges, commissions and other charges incurred by the Company in

converting the foreign currency paid by the Buyer into Hong Kong dollars shall be

borne by the Buyer.

Article 26 Transfer of Ownership

Even if the Auction Property has not been delivered to the Buyer by the Company,

the Buyer shall have secured ownership of the Auction Property but before he or

she has paid in full the Purchase Price and all amounts that he or she may owe the

第602页

Company, its divisions, affi liates, subsidiaries or parent company, or China Guardian,

its divisions, affiliates, subsidiaries or parent company, the Company and/or the

Seller reserve the right of possession /lien or any other lawful relieves.

Article 27 Transfer of Risks

Once a successful bid has been made, the risks attaching to the Auction Property

shall be solely borne by the Buyer once any of the following circumstances (whichever

is earlier) arises:

1. the Buyer collects the Auction Property; or

2. the Buyer pays all of the Purchase Price for the Auction Property to the

Company; or

3. the lapse of seven days after the Sale Date.

Article 28 Collection of the Auction Property

The Buyer must, within seven days from the Sale Date, proceed to the Company’s

address or other location designated by the Company to collect the Auction

Property he or she purchased. The Buyer shall be solely responsible for purchasing

insurance for the Auction Property he or she purchased once the risks pass to him

or her. If the Buyer fails to collect the Auction Property within seven days from the

Sale Date, he or she shall bear all of the relevant costs for storing, handling, insuring,

etc. the Auction Property in question, and he or she shall bear all of the liability

for the Auction Property he or she purchased. Furthermore, notwithstanding the

Auction Property remaining in the custody of the Company or another agent, none

of the Company, its employees or agents shall be liable for damage to or loss of the

Auction Property, regardless of the reason the same arises.

Article 29 Packing and Shipping

The packing and processing by the employees of the Company of the purchased

Auction Property as required by the Buyer shall solely be deemed as a service

provided by the Company to the Buyer, and the Company may decide at its own

discretion whether to provide such service. If any losses arise therefrom, they

shall solely be borne by the Buyer. Under no circumstance shall the Company be

liable for damage to glass or frame, box, backing sheet, stand, mounting, inserts,

rolling rod or other similar auxiliary object arising for any reason. Furthermore, the

Company shall not be liable for any errors, omissions, damage or loss caused by

the packing company or removal company recommended by the Company to the

Buyer.

Article 30 Import/Export and Permits

The Buyer shall himself or herself be responsible for securing any relevant import

and export, endangered species or other permit for the Auction Property. A failure

or delay in obtaining any required permit shall not be deemed as grounds for

cancelling the purchase or delaying payment of the Purchase Price by the Buyer.

The Company shall not bear any liability for the failure to duly complete or submit the

required import or export waybill, list or documents.

If the Buyer requests that the Company apply for an export permit on his or her

behalf, the Company shall have the right to charge him or her a separate service

fee for such service. However, the Company does not warrant that such export

permit will be issued. Neither the Company nor the Seller gives any representations

or warranties as to whether or not any Auction Property is subject to import/export

restrictions or any embargo.

Article 31 Remedies for Non-Payment and Specifi c Performance

If the Buyer fails to make payment in full pursuant to these Conditions or any

payment arrangement agreed with the Company, the Company shall have the right

to take one or more of the following measures:

1. If the Buyer fails to pay all of the Purchase Price in full to the Company within

7 days from the Sale Date, the Company shall have the right to engage a third

party organization to collect all or part of the outstanding Purchase Price from

the Buyer;

2. If the Buyer fails to pay the Purchase Price in full within 7 days from the Sale

Date, the Company shall have the right to charge interest at the rate 0.03% per

day on the Buyer’s outstanding amount starting from the 8th day after the Sale

Date until the date on which the Buyer pays the entire amount in full, unless the

Buyer and the Company agree otherwise;

3. All risks and charges relating to insurance coverage taken out on the Auction

Property, removal thereof, or storage thereof, at or from the Company or

elsewhere shall be borne by the Buyer;

4. To institute a legal action against the Buyer, demanding that he or she

compensate it for all the losses incurred as a result of his or her breach of

contract, including the interest losses arising due to delay in payment or refusal

to pay by the Buyer;

5. To exercise a lien on the Auction Property in question and any other Auction

Property of the Buyer purchased under the auspices of the Company, and any

other property or property rights of the Buyer that may be in the Company’s

possession for any reason, and all expenses and/or risks arising during the

duration of the lien shall be borne by the Buyer. If the Buyer fails to perform all

of his or her relevant obligations by the deadline designated by the Company,

the Company shall have the right to dispose of the subject matter of the lien

after issuing notice to the Buyer that it is exercising its lien rights and if the

Buyer fails to discharge all outstanding amounts within 30 days after issuance

of such notice. If the proceeds from the disposal of the subject matter of

the lien are insufficient to offset all the monies payable by the Buyer to the

Company, the Company shall have the right to separately recover the same;

6. If the Buyer still has not paid all of the Purchase Price in full to the Company

within 90 days from the Sale Date, the Company shall have the right (but shall

not be obliged) to decide, at its absolute discretion, to cancel the transaction

or agree to cancellation of the transaction by the Seller, and reserves the right

to recover all of the losses suff ered by the Company due to cancellation of the

transaction;

7. To offset any amount related to the Auction Property owed by the Buyer to

the Company against any amount owed from any other transaction by the

Company, its divisions, affi liates, subsidiaries or parent, or China Guardian, its

divisions, affi liates, subsidiaries or parent to the Buyer;

8. To decide at its discretion to use any monies paid by the Buyer to discharge the

amount owed by the Buyer to the Company, its divisions, affi liates, subsidiaries

or parent, or China Guardian, its divisions, affi liates, subsidiaries or parent in

connection with the Auction Property or other transaction;

9. To refuse any future bids made by the Buyer or his or her agent, or to charge

him or her a bid deposit before accepting his or her bids;

The Company is aware that the Auction Property is unique and irreplaceable, if either

the Seller or the Buyer defaults, the payment of damages by one party to another

shall not be a suffi cient remedy to the observant party. Accordingly, the Company,

the Buyer and the Seller agree that any such breach, the observant party may apply

to the court to order specifi c performance, requiring the defaulting party to perform

his/her obligations under these Conditions or their ancillary documents.

Article 32 Remedies for Delay in Collecting the Auction Property

If the Buyer fails to collect the purchased Auction Property within seven days from

the Sale Date, the Company shall have the right to take one or more of the following

measures:

1. To take out insurance coverage for the Auction Property and/or store the same

on Company premises or elsewhere, with all of the costs (including but not

limited to charging the Storage Fee specifi ed on the Bidder Registration Form

from the 31st day following the Sale Date) and/or risks arising therefrom borne

by the Buyer. In such a case, the Buyer may collect the Auction Property

(packing and handling charges, freight and insurance charges, export related

charges at the sole expense of the Buyer) only after he or she has paid all of the

Purchase Price in full;

2. If the Buyer fails to collect the relevant Auction Property by the deadline

prescribed herein, he or she shall solely be liable for all the risks and expenses

arising after the expiration of such deadline.

Article 33 Limited Warranties

1. The general warranties provided to the Buyer by the Company are as set forth

below:

If it is discovered after an Auction Property is sold by the Company that the

same is a forgery, the Company will, in accordance herewith, cancel the

transaction and refund to the Buyer in the original currency the Hammer price

together with the Buyer’s Commission paid by the Buyer to the Company in

respect of the Auction Property.

For the purposes of the foregoing, a forgery, based on the reasonable opinion of

the Company, means such things as a forged work or intentional concealment

or a fraudulent claim in respect of the source, place of origin, date, production

year, age, culture or origin, etc. of a work, and a correct description of the

foregoing is not included in the catalogue (considering any terms of art). Any

damage to an Auction Property and/or any manner of restored piece and/or

any repaired piece (including repainting or overpainting) shall not be deemed a

forgery.

Please note that the foregoing warranty shall not apply if:

(1) The information in the catalogue is based on the generally accepted opinions of

academics and experts on the selling date, or said information in the catalogue

indicates that there exist confl icts in such opinions; or

(2) On the selling date, the only means of proving that the Auction Property in

question is a forgery is not generally available or recognized at such time, is

extremely expensive or is impractical; or may already have caused damage to

the Auction Property or may (in the reasonable opinion of the Company) already

have caused the Auction Property to lose value; or

(3) If, based on its description, the Auction Property has not lost any material value.

2. The period specifi ed by this warranty simply provides the Buyer an exclusive

non-transferrable benefi t for 5 years after the relevant Auction Date. To lodge a

claim based on this warranty, the Buyer must:

(1) notify the Company in writing within three months after the receipt of any

information which leads the Buyer to doubt the authenticity or attributes of

the Auction Property, specifying the reference number of the Auction Property,

the date on which the Auction Property was purchased and the reasons for

believing that the Auction Property is a forgery;

(2) return the Auction Property to the Company in a condition identical to that on

the date on which it was sold to the Buyer, and provided that good title thereto

is transferrable and no third party claims have been made in respect thereof

since the selling date.

3. With respect to contemporary and modern art, Chinese oil paintings and

Chinese paintings and calligraphy, although academic circles do not permit

the making of defi nitive statements in respect thereof at present, the Company

reserves the discretion, pursuant to this warranty, to cancel transactions of

contemporary and modern art, Chinese oil paintings and Chinese paintings

and calligraphy that are confi rmed to be forgeries, but only within one year after

the Auction Date. The amount paid shall be refunded to the Buyer pursuant to

this Article, provided that the Buyer provides to the Company evidence (by the

methods set forth in clauses 2 and 4 of this Article) confi rming that the Auction

Property is a forgery within one year from the Auction Date;

4. The Company may, at its discretion, decide to waive any of the foregoing

provisions. The Company shall have the right to request that the Buyer obtain,

at his or her expense, reports from two experts acceptable to the Company and

the Buyer who are independent and recognized in the industry. The Company

shall not be subject to any report presented by the Buyer, and reserves the right

to seek the opinion of additional experts at its own expense.

Article 34 Obtaining Information, Video Taking

With respect to the operation of the Company’s auction business, the Company may

make audio recordings, video recordings or keep a record of any auction process,

and may need to collect personal information from the Bidder or request information

about the Bidder from third parties (such as requesting a credit review from a bank).

Such information will be processed and kept confi dential by the Company. However,

relevant information may be provided to the Company, its divisions, affiliates,

subsidiaries or parent, or China Guardian, its divisions, affiliates, subsidiaries or

parent in order to assist the Company in providing excellent services to Bidders,

carrying out client analyses, or providing services that satisfy the requirements of

Bidders. For the benefi t of the Bidder, the Company may also be required to provide

certain personal information of the Bidder to third 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 consents to the foregoing. If the

Bidder wishes to obtain or amend his or her personal information, he or she is asked

to contact the customer service department.

Article 35 Copyright

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 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.

Article 38 Laws and Jurisdiction

(1) These Conditions and related matters, transactions and any disputes arising

from, or in connection with, participation in the auction conducted by the

Company pursuant hereto shall be governed by, and construed in accordance

with, the laws of Hong Kong.

(2) Subject to Article 38.3 below, the Hong Kong courts have exclusive jurisdiction

to settle any disputes arising out of or in connection with any auctions

conducted by the Company (the “Disputes”). All of the Company, the Buyer

and the Bidder agree that the Hong Kong courts are the most appropriate and

convenient courts to settle the Disputes and accordingly no party will object to

submit to the exclusive jurisdiction of Hong Kong courts.

(3) This Article 38.3 is for the benefi t of the Company only. The Company shall not

be prevented from taking any proceedings relating to the Disputes in any other

courts with jurisdiction. To the extent allowed by law, the Company may take

concurrent proceedings in any number of jurisdictions.

Article 39 Language

The Chinese language version hereof shall be the governing version and the English

language version shall be for reference only.

In the event of a discrepancy between the English language version and the Chinese

language version, the Chinese language version shall prevail.

Article 40 Ownership of Copyright in the Conditions

These Conditions are formulated and shall be revised by the Company, and the

relevant copyrights shall vest in the Company. Without the prior written permission

of the Company, no one may use these Conditions in any manner or way to obtain

commercial benefits, and may not take copies of, communicate or store in any

searchable system any part hereof.

Article 41 Term of Applicability

These Conditions shall apply solely to the upcoming auction. The Company

may update these Conditions from time to time. When the Bidder and the Buyer

participate in another auction, then applicable Conditions of Business for Buyers

shall prevail.

Article 42 Right of Interpretation

During routine performance hereof, the right to interpret these Conditions shall be

exercised by the Company. In the event of a legal dispute between the Buyer and

the Company, the right of interpreting these Conditions, when resolving the dispute,

shall be exercised by the competent court.

Date of this version: 11th May 2022

Address of the Company: 5th Floor, Tower One, Lippo Centre, 89 Queensway, Hong

Kong

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