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(一) 買家提取所購拍賣品；或

(二) 買家向本公司支付有關拍賣品的全部購買價款；或

(三) 拍賣成交日起七日屆滿。

第二十八條提取拍賣品

買家須在拍賣成交日起七日內，前往本公司地址或本公司指定之其他地

點提取所購買的拍賣品。買家須自行負責於風險轉移至買家後為所購拍

賣品購買保險。若買家未能在拍賣成交日起七日內提取拍賣品，則逾期

後對該拍賣品的相關保管、搬運、保險等費用均由買家承擔，且買家應

對其所購拍賣品承擔全部責任。逾期後，即使該拍賣品仍由本公司或其

他代理人代為保管，本公司及其工作人員或其代理人對任何原因所致的

該拍賣品的毀損、滅失，不承擔任何責任。

第二十九條包裝及付運

本公司工作人員根據買家要求代為包裝及處理購買的拍賣品，僅視為本

公司對買家提供的服務，本公司可酌情決定是否提供此項服務，若因此

發生任何損失均由買家自行承擔。在任何情況下，本公司對因任何原因

造成的玻璃或框架、囊匣、底墊、支架、裝裱、插冊、軸頭或類似附屬

物的損壞不承擔責任。此外，對於本公司向買家推薦的包裝公司及裝運

公司所造成的一切錯誤、遺漏、損壞或滅失，本公司亦不承擔責任。

第三十條進出口及許可證

買家須自行負責取得任何有關拍賣品進出口、瀕臨絕種生物或其他方面

之許可證。未獲得任何所需之許可證或延誤取得該類許可證，不可被視

為買家取消購買或延遲支付購買價款之理由。本公司不承擔因不能填妥

或呈交所需出口或進口貨單、清單或文件所產生之任何責任。

如買家要求本公司代其申請出口許可證，本公司則有權就此服務另行收

取服務費用。然而，本公司不保證出口許可證將獲發放。本公司及賣家

概無就任何拍賣品是否受進出口限制或任何禁運作出聲明或保證。

第三十一條未付款之補救方法及強制履行

若買家未按照本規則規定或未按照與本公司協定之任何付款安排足額付

款，本公司有權採取以下之一種或多種措施：

(一) 在拍賣成交日起七日內，如買家未向本公司付清全部購買價款，本公

司有權委託第三方機構代為向買家催要欠付的全部或部分購買價款；

(二) 在拍賣成交日起七日內，如買家仍未足額支付購買價款，本公司有

權自拍賣成交日後第八日起就買家未付款部分按照日息萬分之三收取利

息，直至買家付清全部款項之日止，買家與本公司另有協議者除外；

(三) 在本公司或其他地方投保、移走及儲存拍賣品，風險及費用均由買家

承擔；

(四) 對買家提起訴訟，要求賠償本公司因買家遲付或拒付款項造成的利息

損失；

(五) 留置同一買家在本公司投得的該件或任何其他拍賣品，以及因任何原

因由本公司佔有該買家的任何其他財產或財產權利，留置期間發生的一切

費用及/或風險均由買家承擔。若買家未能在本公司指定時間內履行其全

部相關義務，則本公司有權在向買家發出行使留置權通知且買家在該通知

發出後三十日內仍未償清所有欠付款項的情況下，處分留置物。處分留置

物所得不足抵償買家應付本公司全部款項的，本公司有權另行追索；

(六) 在拍賣成交日起九十日內，如買家仍未向本公司付清全部購買價款

的，本公司有絕對酌情決定權撤銷(但無義務)或同意賣方撤銷交易，並保

留追索因撤銷該筆交易致使本公司所蒙受全部損失的權利；

(七) 將本公司、本公司的分部、附屬公司、子公司、母公司、以及中國嘉

德、中國嘉德的分部、附屬公司、子公司、母公司在任何其他交易中欠

付買家之款項抵銷買家欠付本公司關於拍賣品之任何款項；

(八) 本公司可自行決定將買家支付的任何款項用於清償買家欠付本公司、

本公司的分部、附屬公司、子公司、母公司、以及中國嘉德、中國嘉德的

分部、附屬公司、子公司、母公司關於拍賣品或其他交易之任何款項；

(九) 拒絕買家或其代理人將來作出的競投，或在接受其競投前收取競投保

證金。

本公司知悉就拍賣品之買賣而言，是獨特和無可替代的，不論是賣方或

買方違約，一方向另一方支付損害賠償，均不是對守約方足夠的救濟。

因此，本公司、賣方和買方均同意，任何一方違約的，守約方可以向法

院申請強制履行的命令，要求違約方繼續履行其在本規則或其它相關文

件項下的義務。

第三十二條延期提取拍賣品之補救方法

若買家未能在拍賣成交日起七日內提取其購得的拍賣品，則本公司有權

採取以下之一種或多種措施：

(一) 將該拍賣品投保及/或儲存在本公司或其他地方，由此發生的一切費

用(包括但不限於自拍賣成交日起的第三十一日起按競投人登記表格的規

定計收儲存費等)及/或風險均由買家承擔。在買家如數支付全部購買價款

後，方可提取拍賣品(包裝及搬運費用、運輸及保險費用、出境費等自行

負擔)；

(二) 買家應對其超過本規則規定期限未能提取相關拍賣品而在該期限屆滿

後所發生之一切風險及費用自行承擔責任。

第三十三條有限保證

(一) 本公司對買家提供之一般保證：

如本公司所出售之拍賣品其後被發現為膺品，根據本規則之條款，本公

司將取消該交易，並將買家就該拍賣品支付予本公司之落槌價連同買家

佣金，以原交易之貨幣退還予買家。

就此而言，根據本公司合理之意見，膺品指仿製品，故意隱瞞或欺騙作

品出處、原產地、產出年數、年期、文化或來源等各方面，而上述各項

之正確描述並無收錄於目錄內容(考慮任何專有詞彙)。拍賣品之任何損毀

及／或任何類型之復原品及／或修改品(包括重新塗漆或在其上塗漆)，不

應視為膺品。

謹請注意，如發生以下任何一種情況，本保證將不適用：

目錄內容乃根據學者及專家於銷售日期獲普遍接納之意見，或該目錄內

容顯示該等意見存在衝突；或

於銷售日期，證明該拍賣品乃膺品之唯一方法，並非當時普遍可用或認

可或價格極高或用途不切實際；或可能已對拍賣品造成損壞或可能(根據

本公司合理之意見)已令拍賣品喪失價值之方法；或

如根據拍賣品之描述，該拍賣品並無喪失任何重大價值。

(二) 本保證所規定之期限為相關拍賣成交日後五年內，純粹提供給買家之

獨享利益，且不可轉移至任何第三方。為能依據本保證申索，買家必須：

在收到任何導致買家質疑拍賣品之真偽或屬性之資料後三個月內以書面

通知本公司，註明拍賣品編號、購買該拍賣品之日期及被認為是膺品之

理由；

將狀況與銷售予買家當日相同，並能轉移其妥善所有權且自銷售日期後

並無出現任何第三方申索之拍賣品退還予本公司。

(三) 有關現代及當代藝術、中國油畫以及中國書畫，雖然目前學術界不容

許對此類別作出確實之說明，但本公司保留酌情權按本保證但以拍賣成

交日後一年內為限取消證實為膺品之現代及當代藝術、中國油畫以及中

國書畫拍賣品之交易；已付之款項按本條規定退還予買家，但買家必須

在拍賣成交日起一年內向本公司提供證據(按本條第(二)、(四)款規定的方

式)，證實該拍賣品為膺品；

(四) 本公司可酌情決定豁免上述任何規定。本公司有權要求買家索取兩名

為本公司及買家雙方接納之獨立及行內認可專家之報告，費用由買家承

擔。本公司無須受買家出示之任何報告所規限，並保留權利尋求額外之

專家意見，費用由本公司自行承擔。

第三十四條資料獲取、錄影

就經營本公司的拍賣業務方面，本公司可能對任何拍賣過程進行錄音、

錄影及記錄，亦需要向競投人搜集個人資料或向第三方索取有關競投人

的資料(例如向銀行索取信用審核)。這些資料會由本公司處理並且保密，

唯有關資料有可能根據本規則的目的或其它合法目的，提供給本公司、

本公司的分部、附屬公司、子公司、母公司、以及中國嘉德、中國嘉德

的分部、附屬公司、子公司、母公司，以協助本公司為競投人提供完善

的服務、進行客戶分析，或以便提供符合競投人要求的服務。在本規則

項下的交易完成後(如適用)，本公司可在法律容許的合理時間內，保存及

使用已收集的個人資料。如競投人或買家欲查閱及／或更正存於本公司

的個人資料，可與客戶服務部聯絡或書面致函本公司(連同合理的行政費)

提出有關要求。為了競投人的權益，本公司亦可能需要向第三方服務供

應商(例如船運公司或存倉公司)提供競投人的部份個人資料。競投人參與

本公司的拍賣，即表示競投人同意上文所述。

第三十五條版權

賣家授權本公司對其委託本公司拍賣的任何拍賣品製作照片、圖示、圖

錄或其他形式的影像製品和宣傳品，本公司享有上述照片、圖示、圖錄

或其他形式的影像製品和宣傳品的版權，有權對其依法加以無償使用或

自行授權其他人使用。未經本公司事先書面同意，買家及任何人不得使

用。本公司及賣家均並未作出拍賣品是否受版權所限或買家是否取得拍

賣品之任何版權的陳述及保證。

第三十六條通知

競投人及買家均應將其固定有效的通訊地址和聯絡方式以競投登記文件或

其他本公司認可的方式告知本公司，若有改變，應立即書面告知本公司。

本規則中所提及之通知，僅指以信函、電子郵件、傳真或透過本公司APP

用戶端(“APP用戶端”)形式發出的書面通知。該等通知在下列時間視為

送達：

(一) 如是專人送達的，當送到有關方之地址時；

(二) 如是以郵寄方式發出的，則為郵寄日之後第七天；

(三) 如是以傳真方式發出的，當發送傳真機確認發出時；(四) 如果是以電

子郵件形式發出的，當在電子郵件記錄上確認發出之時；

(五) 如本公司透過APP用戶端方式發出的，則發送當日為競投人及買家收

到該通知日期。

第三十七條可分割性

如本規則之任何條款或部分因任何理由被認定為無效、不合法或不可執

行，本規則其他條款或部分仍然有效，相關各方應當遵守、執行。

第三十八條法律及管轄權

(一) 本規則及其相關事宜、交易、因依照本規則參加本公司拍賣活動而引

起或與之有關的任何爭議，均受香港法律規管並由香港法律解釋。

(二)競投人及買家同意香港法院對本公司拍賣活動而引起或與之有關的任

何爭議(“該爭議”)擁有排他性管轄權。

(三) 本第三十八(三)條只受益於本公司。競投人及買家同意本公司有權於

任何其他具管轄權的法院就該爭議提起訴訟而不受任何限制。在法律允

許的範圍内，本公司可在若干司法管轄區同時進行訴訟。

第三十九條語言文本

本規則以中文為標準文本，英文文本為參考文本。

英文文本如與中文文本有任何不一致之處，以中文文本為準。

本規則由本公司制訂和修改，相應版權歸本公司所有。未經本公司事先

書面許可，任何人不得以任何方式或手段，利用本規則獲取商業利益，

亦不得對本規則之任何部分進行複製、傳送或儲存於可檢索系統中。

第四十一條適用時期

本規則只適用於本次拍賣，本公司可不時更新本規則，競投人和買家參

與另一次拍賣的時候應以當時適用的買家業務規則為準。

第四十二條解釋權

日常執行本規則時，本規則的解釋權由本公司行使。如買家、賣家與本

公司發生法律爭議，在解決該爭議時，本規則的解釋權由具管轄權的法

院行使。

版本日期：2024年02月26日

本公司地址：香港金鐘道89號力寶中心一座五樓

The following provisions may be amended by public notice or verbal notifi cation

during the auction. By bidding at the auction, the Bidder agrees to be bound by the

following provisions.

Article 1 China Guardian (Hong Kong) Auctions Co., Ltd. as the Auction Agent

Unless otherwise provided, China Guardian (Hong Kong) Auctions Co., Ltd. shall

serve as the Seller’s agent. The contract for the sale of the Auction Property shall

be the contract between the Seller and the Buyer. These Conditions, the Conditions

of Business for Sellers, and all other terms, conditions and notices contained in the

catalogue, announced by the Auctioneer or provided in the auction venue in the

form of an announcement shall constitute the terms agreed among the Seller, the

Buyer and/or China Guardian (Hong Kong) Auctions Co., Ltd. as the auction agent.

Article 2 Defi nitions and Explanations

1.The following terms herein shall have the meanings assigned to them below:

(1)“Company” means China Guardian (Hong Kong) Auctions Co., Ltd.;

(2)“China Guardian” means China Guardian Auctions Co., Ltd., with its domicile at

3/F, Offi ce Area, Guardian Art Center, No.1 Wangfujing Street, Dongcheng District,

Beijing, People’s Republic of China;

(3)“Seller” means any person, company, body corporate or entity that off ers Auction

Property for sale. Unless otherwise stated or specifi cally required by the context,

the term “Seller” herein shall include the Seller’s agent (excluding the Company),

executor or personal representative;

(4)“Bidder” means any person, company, body corporate or entity that

contemplates, makes or attempts a bid in any manner. Unless otherwise stated

or specifi cally required by the context, the term “Bidder” herein shall include the

Bidder’s agent;

(5)“Buyer” means the Bidder, including the principal of a person bidding as an agent,

the highest bid or off er of whom is accepted by the Auctioneer in the auction held

by the Company;

(6)“Buyer’s Commission” means the commission that the Buyer must pay to the

Company based on the Hammer Price at the rate specifi ed herein;

(7)“Auction Property” means the item(s) that the Seller consigns to the Company for

auction and which are auctioned off at the auction;

(8)“Auction Date” means, for a particular auction, the date announced by the

company on which the auction will offi cially commence;

(9)“Sale Date” means the date on which the transaction of an Auction Property is

confi rmed by the striking of the hammer by the Auctioneer or other public indication

by the Auctioneer that a transaction has been struck in the auction held by the

Company;

(10)“Auctioneer” means the person that the Company designates to preside over a

particular auction;

(11)“Hammer Price” means the price at which the Auctioneer strikes the hammer,

deciding the sale of the Auction Property to the Buyer, or, in the case of a postauction transaction, the agreed upon sale price;

(12)“Purchase Price” means the total amount that the Buyer is required to pay for his

or her purchase of an Auction Property, including the Hammer Price plus the Buyer’s

Commission, and the taxes, levies, interest and various charges payable by the

Buyer;

(13)“Buyer Charges” means the expenditures and expenses relating to the sale of

an Auction Property by the Company, including but not limited to the charges for

insurance, packing, transport, storage and custody that the Company is required

to purchase in respect of the Auction Property, expenses for testing, investigation,

searching or authentication of an Auction Property additionally requested by the

Buyer and additional expenditures and legal expenses incurred in seeking recourse

against a defaulting Buyer;

(14)“Reserve” means the confi dential minimum selling price for an Auction Property

determined by the Seller and the Company;

(15)“Estimated Price” means the estimated sales price of an Auction Property

indicated in the catalogue or after other descriptive text, and excluding the Buyer’s

Commission;

(16)“Storage Fee” means the charge for storage that the Buyer is required to pay to

the Company in accordance herewith.

2.As required by the context, the singular of a term herein includes the plural thereof,

and vice versa. Unless otherwise required by the context:

(i)the Buyer and the Company are herein collectively referred to as the “Parties”, and

a “Party” refers to either Party;

(ii)Any mention of legal provisions shall be construed as including any future

amendments to, or re-enactment of, such provisions;

(iii)Any mention of “person” shall include natural persons, companies, legal persons,

enterprises, partnerships, individual proprietorships, governmental or social

organizations and organizations comprised of more than one of the foregoing;

(iv)Any mention of “Article” or “Clause” refers to the Articles or Clauses hereof;

(v)The headings are provided for ease of reference only, and shall not affect the

interpretation hereof.

Article 3 Applicable Scope

All Bidders, Buyers and other concerned parties participating in the auction of such

collectibles as cultural artifacts, works of art, etc. organized and conducted by the

Company shall act in accordance herewith.

Article 4 Special Notice

All Bidders and Buyers participating in the auction by the Company shall carefully

read and abide by these Conditions, and, in particular, they shall carefully read the

provisions hereof on the liability of the Company, the restrictive provisions, and the

disclaimers. The Bidder and/or his or her agent is/are responsible for viewing the

original Auction Properties in person, and shall be legally liable for his or her bidding

on the Auction Properties. The Company may at its own discretion postpone or

cancel any auction due to weather or other reasons and shall not be liable to make

any compensation to the Bidder.

Article 5 Responsibilities of the Bidder and the Company in Respect of the

Auction Properties

1.The Company’s perception of an Auction Property is partly dependent on the

information provided by the Seller, the Company is in no position to and will not carry

out comprehensive due diligence of the Auction Properties. The Bidder is aware

of this and shall be responsible for inspecting and examining the original Auction

Properties so as to satisfy himself or herself in respect of those Auction Properties

which he or she may be interested in.

2.All Auction Properties to be sold by the Company are available for viewing by

the Bidder before sale. Where the Bidder and/or his or her agent participates in

bidding, the Bidder shall be deemed as having thoroughly examined the Auction

Properties, and to be satisfied with the condition of, and the accuracy of the

description of, the Auction Properties.

3.The Bidder confi rms that numerous Auction Properties are of great age and of

special types, meaning that they are not necessarily sound and free from defects.

All Auction Properties are sold “as is” at the time of the auction (whether or not the

Bidder attends the auction in person). Condition reports may be provided at the

time of viewing the Auction Properties. Under certain 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

CONDITIONS OF BUSINESS FOR BUYERS

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 Towards the Bidder and 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, color, 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 fi ll in and sign the registration

documents on the strength of its valid incorporation document, identity document

of the legal or authorized representative, proof of shareholding or directors 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, other proof of fi nancial standing or other documents for the purpose of

due diligence. The Company reserves the right to check the source of the Bidder’s

funds.

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

The Buyer shall own the ownership of the Auction Property only after he or she

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

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

its divisions, affi liates, subsidiaries or parent company, even if the Auction Property

has been delivered to the Buyer by the Company. For the avoidance of doubt,

before the transfer of the ownership of the Auction Property, 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;

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 insuffi cient to off set 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 off set 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 nontransferrable benefi t for 5 years after the Sale 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 Sale 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

Sale 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 and 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. Once the sale under these Conditions is completed (if applicable), the

Company may save and use the collected personal information within a reasonable

time permitted by law. If a bidder or buyer wishes to access and/or amend his or her

personal information stored with the Company, he or she may contact the customer

service department or make the relevant request to the Company in writing (together

with a reasonable administrative fee). 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.

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 free of charge or authorize others

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) The Buyer and the Bidder agree that 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”).

(3) This Article 38.3 is for the benefi t of the Company only. The Buyer and the Bidder

agree that 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: 26th February, 2024

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

Kong

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名譽董事長 : 王雁南

董事長 : 胡妍妍

總裁及財務總監 : 陳益鋒

北京總公司

中國嘉德國際拍賣有限公司

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+1 888 799 8830

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CHINA GUARDIAN (HONG KONG) AUCTIONS CO., LTD.

BEIJING HEADQUARTERS

China Guardian Auctions Co., Ltd.

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