何拍卖品做任何内容说明及/或评价;
(二)是否应征询任何专家意见:
(三)拍卖品在图录、展览或其它形式的宣传、推广活动中的安排及所应支付费用的标准:
(四)某一拍卖品是否适合中汉拍卖;
(五)拍卖日期、拍卖地点、拍卖条件及拍卖方式等事宜。
第十二条:未上拍拍卖品
委托人与中汉签订委托拍卖合同且将拍卖品交付中汉后,若因任何原因致使中汉认为某拍卖品不适合由中汉拍卖的,则委托人应自中汉向委托人发出领回通知之日(含通知日)起十四日内于中汉指定地点取回该拍卖品(包装及搬运等费用由委托人自负),中汉与委托人之间的委托拍卖合同自委托人领取该拍卖品之日解除。若委托人未在上述期限内取走拍卖品,则中汉与委托人之间的委托拍卖合同自有效期限届满之日即告解除。若委托人在委托拍卖合同解除后七日内仍未取走拍卖品的,则中汉有权以中汉认为合理的方式处置该拍卖品,处置所得在扣除中汉因此产生之全部费用后,若有余款,由委托人自行取回。
第十三条:拍卖中止
如出现下列情况之一,中汉有权在实际拍卖前的任何时间中止任何拍卖品的拍卖活动:
(一)中汉对拍卖品的权属或真伪有疑义
(二)第三人对拍卖品的权属或真伪持有异议且能够提供异议所依据的相关证据材料,并按照中汉规定交付担保金,同时愿意对中止拍卖活动所引起的法律后果及全部损失承担相应责任:
(三)中汉及/或第三人对委托人所作的说明或对本规则第九条所述委托人保证的准确性持有异议:
(四)有证据表明委托人已经违反或将要违反本规则的任何条款。
第十四条:委托人撤回拍卖品
委托人在拍卖日前任何时间,均可向中汉发出书面通知,撤回其拍卖品。但撤回拍卖品时,若该拍卖品已列入图录或其它宣传品且已开始印刷,则委托人应向中汉支付相当于该拍卖品保险金额百分之二十的款项及其它各项费用。如图录或其它宣传品尚未印刷,也需支付相当于该拍卖品保险金额百分之十的款项及其它各项费用。因委托人撤回拍卖品而引起的任何争议或索赔均由委托人自行承担。如果因为委托人撤回拍卖品而使中汉受到任何第三人索赔,中汉有权向委托人追索因此造成的全部损失及支出的一切费用。
第十五条:自动受保
除委托人与中汉另有约定外,在委托人与中汉签订委托拍卖合同并将拍卖品交付中汉后,所有拍卖品将自动受保于中汉的保险,保险金额以中汉与委托人在委托拍卖合同中确定的保留价为准(无保留价的,以该拍卖品的约定的保险金额为准:调整拍卖保留价的,以该拍卖品原保留价为准)。此保险金额只适用于保险和索赔,并非中汉对该拍卖品价值的保证或担保,也不意味着该拍卖品由中汉拍卖,即可售得相同于该保险金额之款项。
第十六条:保险费
拍卖成交后,除非委托人与中汉另有约定,委托人应向中汉支付相当于落槌价百分之一的保险费。如拍卖品未成交,委托人也应向中汉支付相当于保留价百分之一的保险费。
第十七条:保险期间
如果拍卖品拍卖成交,保险期限至拍卖成交日(含成交日)起第三十日下午4点或买受人领取拍卖品之时终止(以先到者为准)。如果拍卖品未上拍或拍卖未能成交,则保险期限至中汉向委托人发出领回拍卖品的通知之日(含通知日)起第十四日下午4点为止。
第十八条:委托人安排保险
如委托人以书面形式告知中汉不需投保其拍卖品,则其拍卖品毁损或灭失的风险由委托人自行承担。同时,委托人还应承担以下责任:
(一)对其他任何权利人就拍卖品的毁损、灭失向中汉提出的索赔或诉讼做出赔偿:
(二)赔偿中汉及/或任何他方因任何原因造成拍卖品毁损、灭失等所遭受的全部损失及所支出的全部费用;
(三)将本条所述的赔偿约定通知该拍卖品的任何承保人。
第十九条:不可抗力免责
因自然磨损、固有瑕疵、内在或潜在缺陷、物质本身变化、自燃、自热、氧化、锈蚀、渗漏、鼠咬、虫蛀、大气(气候或气温)变化、湿度或温度转变或其它渐变原因以及因地震、海啸、战争、敌对行为、武装冲突、恐怖活动、政变、罢工、社会骚乱等不可抗力及核辐射、放射性污染对拍卖品造成的任何损毁、灭失,以及由于任何原因造成框架或玻璃、囊匣、底垫、支架、装裱、插册、轴头或类似附属物的毁损、灭失,不在中汉的保险理赔范围之内,中汉亦无需承担任何赔偿责任。
第二十条:保险赔偿
凡属因中汉为拍卖品所购保险承保范围内的事件或灾害所导致的拍卖品毁损、灭失,应根据中华人民共和国有关保险的法律和规定处理。中汉在向保险公司进行理赔并获得保险赔偿后,将保险赔款扣除中汉费用的余款支付给委托人。
第二十一条:竞投禁止
委托人不得竞投自己委托中汉拍卖的物品,也不得委托他人代为竞投。若违反本条约定,委托人应自行承担相应之法律责任,并赔偿因此给中汉造成的全部损失。
第二十二条:佣金及费用
除委托人与中汉另有约定外,委托人授权中汉按落槌价之百分之十扣除佣金,同时另扣除其它各项费用、税费及其它中汉因拍卖活动支出的成本费用。
委托人同意中汉可根据本规则第四十八条的约定,向买受人收取酬金及其它各项费用。
第二十三条:未成交手续费
如果某拍卖品的竞投价低于保留价而未能成交,则委托人同意向中汉支付未拍出手续费及其它各项费用。未拍出手续费的标准为该拍卖品保留价的百分之三。无保留价的,为该拍卖品的保险金额的百分之三。
第二十四条:出售收益支付
如买受人已按本规则第四十九条的约定向中汉付清全部购买价款和应当支付的其它费用,则中汉应自拍卖成交日起三十五天后,将出售收益以人民币方式支付委托人。
第二十五条:延迟付款
如本规则第四十九条约定的付款期限届满,中汉仍未收到买受人的全部购买价款导致中汉无法按期向委托人支付收益价款的,不视为中汉违约,但中汉将在实际收到买受人支付的全部购买价款之日起七个工作日内将出售收益支付给委托人。
第二十六条:税项
委托人通过拍卖所得出售收益的税务问题,按照法律及政府规定办理。
如有关法律规定本公司有代扣代缴义务的,本公司将依照法律规定执行:委托人应协助办理所有手续并承担相应税费。
第二十七条:协助收取拖欠款项
委托人在委托中汉拍卖其物品的同时,被视为授权中汉有权代委托人向买受人追索相应拖欠价款。中汉也可以自身名义对买受人提起诉讼,要求其承担违约责任。如买受人在拍卖成交日(含成交日)起三十日内未向中汉付清全部购买价款,中汉除有权按照本规则第五十五条及第五十六条之约定向买受人追索其应付的酬金及其它各项费用外,亦有权在中汉认为实际可行的情况下,采取适当措施(包括但不限于提起诉讼)为委托人向买受人追索拖欠的款项。
上述约定并不排除委托人享有亲自或委托任何第三方向买受人追索相应拖欠款项的权利,亦不赋予中汉在任何情况下代委托人向买受人追索相应拖欠价款的义务。中汉在任何情况下不应因买受人未能支付购买价款而向委托人承担相应责任。
第二十八条:中汉有权决定
中汉有权接受委托人授权(由委托人支付费用)并视具体情况决定下列事项:
(一)同意购买价款以特殊付款条件支付;
(二)搬移、贮存及投保已出售的拍卖品;
(三)根据本规则有关条款,解决买受人提出的索赔或委托人提出的索赔:
(四)依法采取其它必要措施向买受人追索拖欠的任何款项。
第二十九条:拍卖品未能成交
如拍卖品未能成交,委托人应自中汉向委托人发出领回通知之日(含通知日)起十四日内于中汉指定地点取回该拍卖品(包装及搬运费用由委托人自行承担),并按本规则约定向中汉支付未拍出手续费及其它各项费用。超过上述期限,中汉有权以公开拍卖或其它方式按中汉认为合适的条件出售该拍卖品,并有权从出售收入中扣除第一次拍卖时委托人应支付的未拍出手续费及其它各项费用及再次拍卖或以其它方式出售该拍卖品的所有费用,将余款支付委托人。
第三十条:风险承担
无论是未上拍或未能成交的拍卖品,委托人均应对其超过本规则规定期限未能取回其拍卖品而在该期限后所发生之一切风险及费用自行承担责任。自中汉向委托人发出领回拍卖品的通知之日(含通知日)起第十四日下午4点,或自委托人按本规则约定领取拍卖品之时(以先到者为准),未上拍或未能成交拍卖品的一切风险及费用由委托人承担。如委托人在本规则规定期限内要求中汉协助其退回拍卖品并经中汉同意,拍卖品自离开中汉指定地点后的一切风险及费用由委托人承担。除非委托人特别指明并预先支付保险费,中汉无义务对拍卖品在离开中汉指定地点后予以投保。
如委托人要求中汉协助,以邮寄、快递或其它通过第三方的运输方式退回其拍卖品,第三方的运输费用由委托人自行承担,自中汉将拍卖品交付邮寄、快递、运输部门、公司或其雇员/分支机构时起拍卖品毁损灭失风险及相关费用由委托人自行承担,且视为中汉已退回该拍卖品,同时亦应视为委托人已领取该拍卖品。
第四章 关于竞买人和买受人
第三十一条:拍卖品图录
为便于竞买人及委托人参加中汉举办的拍卖活动,中汉制作拍卖品图录,以文字及/或图片的形式,对拍卖品进行简要陈述。拍卖品图录中的文字、参考价、图片或其它形式的影像制品和宣传品,仅供竞买人参考,并可于拍卖前修订,不表明中汉对拍卖品的真实性、价值、色调、质地、有无缺陷等所作的担保。
第三十二条:图录之不确定性
因印刷或摄影等技术原因造成拍卖品在图录及/或其它任何形式的图标、影像制品和宣传品中的色调、颜色、层次、形态等与原物存在误差者,以原物为准。中汉及其工作人员或其代理人对任何拍卖品用任何方式(包括证书、图录、幻灯投影、新闻载体等)所作的介绍及评价,均为参考性意见,不构成对拍卖品的任何担保。中汉及其工作人员或其代理人对上述之介绍及评价中的不准确或遗漏之处不承担责任。
第三十三条:竞买人之审看责任
中汉对拍卖品的真伪及/或质量不承担瑕疵担保责任。竞买人及/或其代理人有责任自行了解有关拍卖品的实际状况并对自己竞投某拍卖品的行为承担法律责任。中汉郑重建议,竞买人应在拍卖日前,以亲自鉴定、邀请专家共同查验或其它方式亲自审看拟竞投拍卖品之原物,自行判断该拍卖品的真伪及或质量是否与拍卖品图录以及其它形式的影像制品和宣传品所描述相符合,而不应依图录及影像制品和宣传品的描述做出决定。
第三十四条:竞买人登记
竞买人为自然人的,应在拍卖日前凭有效身份证件填写并签署登记档:竞买人为法人或者其它组织的,应在拍卖日前凭有效的注册登记证书、法定代表人身份证明或者合法的授权委托书填写并签署登记档,领取竞投号牌;即视为正式竞买人。
竞买人请妥善保管竞投号牌,非经双方事先达成书面 一致,拍卖活动现场持相应竞投号牌者中汉将视为竞 买人本人。
第三十五条:保证金
竞买人参加中汉拍卖活动,应在领取竞投号牌前交纳保证金。保证金的具体数额由中汉在拍卖日前公布。若竞买人未能购得拍卖品,上述保证金在拍卖结束后五个工作日内,全额无息返还竞买人;若竞买人购得拍卖品,则抵作部分购买价款。若有余额,则于竞买人领取拍卖品时,一并返还。
如果中汉对某些竞买人的资信状况和履行能力存有疑问,中汉有权要求该竞买人提供其资信状况和履行能力的相关数据,并有权自行委托第三方对有关信息进行调查核实。中汉也有权要求该竞买人交纳高于通常标准的保证金。如果该竞买人拒绝中汉的要求,中汉有权拒绝其参加中汉的拍卖活动。
第三十六条:中汉之选择权
中汉有权酌情拒绝某些人参加中汉举办的拍卖活动或进入拍卖现场,或在拍卖现场进行拍照、摄像等活动。
第三十七条:异常情况处理
在拍卖现场出现异常的情况下,中汉有权做出紧急处理。如拍卖现场出现任何争议,中汉有权协调解决。
第三十八条:竞买人的代理人
除非某竞买人在拍卖日前向中汉出具书面证明并经中汉书面认可,表明其身份是某第三人的代理人,否则每位竞买人均被视为以该竞买人本人的名义参与相应拍卖活动,享有相应的权利,并承担相应的义务。
竞买人委托他人代理竞买的,应当出具授权委托书(原件)和竞买人、代理人的身份证明复印件(中汉验看身份证明原件)。
授权委托书应载明代理人的姓名或者名称、代理事项、代理权限和期间。
第三十九条:委托中汉代为竞投
通常情况下,竞买人应亲自出席拍卖会。如不能亲自出席,可采用书面形式或者中汉认可的其它方式委托中汉代为竞投。中汉有权决定是否接受上述委托。
第四十条:委托中汉代为竞投的手续
委托中汉竞投之竞买人应在规定时间内(不迟于拍卖日前二十四小时)办理委托手续,向中汉出具书面的委托竞投授权书,并应根据本规则第三十五条之约定同时缴纳保证金。否则,中汉有权拒绝该委托。
第四十一条:取消委托
委托中汉竞投之竞买人如需取消委托授权,应不迟于拍卖日前二十四小时书面通知中汉。
第四十二条:委托竞投之免责
由于委托竞投是中汉为在特殊情况不能亲自到现场参加竞投的竞买人提供的一项免费服务,因而中汉及其工作人员对竞投未成功或委托竞投过程中出现的疏忽、过失或无法代为竞投等问题不承担任何责任。
第四十三条:委托在先原则
若两个或两个以上之竞买人以相同委托价委托中汉竞投同一拍卖品,且竞投成功,则最先将委托竞投授权书交至中汉的竞买人为该拍卖品的买受人。
第四十四条:拍卖师的决定权
拍卖师有权代表中汉提高或降低竞价阶梯,有权拒绝任何应价。在出现争议时,拍卖师有权决定将拍卖品重新拍卖。
第四十五条:影像显示板及货币兑换显示板
为方便竞买人,中汉可能于拍卖中使用影像投射或其它形式的显示板,其所示内容仅供参考。中汉对显示板所示之数额、拍卖品编号、拍卖品图片或参考外汇金额可能出现的误差及因此而导致的任何损失,不承担责任。
第四十六条:拍卖成交
竞买人的最高应价经拍卖师落槌或者以其它公开表示买定的方式确认的同时,拍卖成交,拍卖品买卖合同即告成立并生效。该竞买人即成为拍卖品的买受人。
第四十七条:拍卖记录
中汉进行拍卖时,制作拍卖笔录,拍卖笔录由拍卖师、记录人共同签名。
在中汉举办的拍卖活动中,最高应价经拍卖师落槌或者以其它公开表示买定的方式确认后,为便于结算等目的,买受人应当签署成交确认书。成交确认书的签署系拍卖品买卖合同已经成立并生效的证据之一。
第四十八条:买受人应支付的酬金及费用
买受人应支付中汉相当于落槌价百分之十五的酬金,同时应支付根据本规则规定应当由买受人支付的其它各项费用。买受人承认中汉可根据本规则第二十二条的约定向委托人收取佣金及其它各项费用。
第四十九条:付款时间
拍卖成交后,买受人应自拍卖成交日(含成交日)起三十日内一次付清购买价款并领取拍卖品(包装及搬运费用有买受人自负),否则应承担违约责任。
第五十条:支付币种
所有价款应以中汉指定的货币支付,如买受人以中汉指定的货币以外的其它货币支付,应按买受人与中汉约定的汇价折算或按照中国人民银行于买受人付款日前一个工作日公布的人民币与该币种的汇价折算。为将买受人所支付之币种兑换成人民币所产生的银行手续费、佣金或其它所有费用,均由买受人承担。
第五十一条:所有权转移
买受人如约全额支付购买价款后,即应领取拍卖品,以获得拍卖品的所有权。
第五十二条:风险转移
竞投成功后,拍卖品的风险于下列任何一种情形发生后(以先到者为准)即由买受人自行承担:
(一)买受人领取所购拍卖品;或
(二)买受人向中汉支付有关拍卖品的全部购买价款;或
(三)拍卖成交日(含成交日)起三十日届满(超过该日下午4点)。
第五十三条:领取拍卖品
买受人须在拍卖成交日(含成交日)起三十日内(至该日下午4点),在按照本规则的规定付款后,于中汉指定地点领取所购买的拍卖品。若买受人未能在此期限内领取拍卖品,则因逾期造成对该拍卖品的搬运、储存及其它各项费用均由买受人承担,且买受人应承担其所购拍卖品毁损、灭失的风险。即使该拍卖品仍由中汉或其它代理人代为保管,中汉及其工作人员或其代理人对由于任何原因所致的该拍卖品毁损、灭失,不负任何责任。
第五十四条:包装及运输
中汉有权决定是否接受买受人要求,提供代为包装及处理的服务。如果中汉工作人员应买受人要求代为包装及处理购买的拍卖品,上述包装及处理仅应视为中汉对买受人提供的非营利性服务,因此发生的任何风险及损失均由买受人自负。在任何情况下,中汉对因任何原因造成的框架或玻璃、囊匣、底垫、支架、装裱、插册、轴头或类似附属物的损坏、灭失不负责任。
如买受人要求中汉协助,以邮寄、快递或运输方式领取其所购买的拍卖品(包装及邮递、运输费用由买受人负担),自中汉将拍卖品交付邮寄、快递、运输部门、公司或其雇员/分支机构之时,则视为中汉已向买受人交付该拍卖品,同时亦应视为买受人已按正常程序领取该拍卖品,此一过程中的风险由买受人承担。除非买受人特别指明并负担保险费外,在邮寄、快递、运输过程中一般不予投保。
对于买受人指定或中汉向买受人推荐的包装公司及邮寄、快递、运输部门或公司所造成的一切错误、遗漏、损坏或灭失,中汉不承担责任。
第五十五条:拍卖品出境
根据《中华人民共和国文物保护法》及其它法律、法规规定,限制带出中华人民共和国国境的拍卖品,中汉将尽其所知在拍卖品图录中或在拍卖现场予以说明:允许带出中华人民共和国国境的拍卖品,买受人应根据国家有关规定自行办理出境手续。
第五十六条:未付款之补救方法
若买受人未能按照本规则第四十八条约定的时间足额付款,中汉有权采取以下之一种或多种措施:
(一)对买受人提起诉讼、仲裁或其他争议解决程序.要求继续履行付款义务:
(二)解除拍卖品买卖合同,并按有关法律法规的规定及本规则的约定,追究买受人相应的法律责任;
(三)买受人交纳的保证金不予退还,并按照本规则约定承担其它相应责任;
(四)在拍卖成交日(含成交日)起三十日内,如买受人仍未足额支付购买价款,中汉有权自拍卖成交日(含成交日)后第三十一日起就买受人未付款部分按照日息万分之五收取利息,并且有权选择按照拍卖品落槌价每日万分之三或以每件拍卖品人民币叁佰元/日收取保管费(以两者中较高者确定),直至买受人付清全部款项之日止和中汉对拍卖品取消保管之日止或买受人与中汉另有协议者除外;
(五)对买受人提起诉讼、仲裁或其它争议解决程序,要求赔偿因其违约给中汉造成的一切损失,包括但不限于:因买受人迟付或拒付款项造成的利息损失、中汉为诉讼或者仲裁所支付的律师费:
(六)留置由同一买受人购得的该件或任何其它拍卖品,以及因任何原因由中汉占有的该买受人的任何其它财产或财产权利。留置期间发生的一切费用及/或风险均由买受人承担。若买受人未能在中汉指定时间内履行其全部相关义务,则中汉有权根据中华人民共和国相关法律、法规之规定处分留置物。处分留置物所得不足抵偿买受人应付中汉全部款项的,中汉有权另行追索;
(七)在拍卖成交日起六十日内,如买受人仍未向中汉付清全部购买价款的,中汉有权视具体情况撤销或同意委托人撤销在同一或任何其他拍卖中向同一买受人售出的该件或任何其它拍卖品的交易,并保留追索因撤销该笔或任何其它交易致使中汉所蒙受全部损失的权利:
(八)经征得委托人同意,按照本规则的规定,再行拍卖或以其它方式出售该拍卖品。原买受人除应当支付第一次拍卖中买受人及委托人应当支付的酬金/佣金及其它各项费用并承担再次拍卖或以其它方式出售该拍卖品的所有费用外,若再行拍卖或以其它方式出售该拍卖品所得的价款低于原拍卖价款的,原买受人应当补足差额。
(九)其它适当措施。
第五十七条:延期领取拍卖品之补救方法若买受人未能按照本规则第四十九条约定的时间领取其购得的拍卖品,则中汉有权采取以下之一种或多种措施:
(一)将该拍卖品储存在中汉或其他地方,由此发生的一切费用及/或风险均由买受人承担。买受人应向中汉支付自拍卖成交日(含成交日)后第三十一日起至实际领取之日止期间的保管费,保管费按照拍卖品落槌价每日万分之三或以每件拍卖品人民币叁佰元/日(以两者中较高者确定)的标准计算,直至本公司对相关拍卖品取消保管之日止;买受人亦应按照落槌价的百分之一的标准向中汉支付上述期间的保险费。在买受人如数支付全部购买价款和费用后,方可领取拍卖品(包装及搬运等费用自负);
(二)买受人应对其超过本规则规定期限未能领取相关拍卖品而在该期限届满后所发生之一切风险及费用自行承担责任。如买受人自拍卖成交日起的九十日内仍未领取拍卖品的,则中汉有权以公开拍卖或其他中汉认为合适的方式及条件出售该拍卖品,处置所得在扣除中汉因此产生之全部损失、费用(包装及搬运费用、运输保险费用、出境鉴定费、保管费、公证费等)后,若有余款,则由买受人自行取回,该余款不计利息。
(三)将拍卖品交付提存机构予以提存。提存费用由买受人承担。有关提存的事项,依照中华人民共和国的法律、法规、规章办理。
第五章 其他
第五十八条:保密责任
中汉有义务为委托人、竞买人及买受人保守秘密,并根据中华人民共和国法律和本规则维护委托人、竞买人、买受人和中汉的正当权益不受侵害。
第五十九条:鉴定权
委托人与中汉签署委托拍卖合同后,如果中汉认为需要,可以对拍卖品进行鉴定。鉴定范围包括拍卖品的作者、年代、名称、形式、质地、状况、瑕疵、尺寸等,鉴定结论与委托拍卖合同记载不符的,中汉有权要求变更或者解除委托拍卖合同。
如果拍卖合同已履行完毕,委托人应当退还出售收益;如果委托人违反了本规则第九条之保证事项,委托人还应当依据本规则第九条之规定承担相应的赔偿责任。
第六十条:著作权
中汉有权自行对委托人委托中汉拍卖的任何物品制作照片、图示、图录或其它形式的影像制品,并依法享有上述照片、图示、图录或其它形式的影像制品的著作权,有权对其依法加以使用(包括但不限于线上或线下任何方式或渠道宣传拍卖活动或其他与拍卖品、中汉有关的宣传推广)。
第六十一条:免除责任
中汉对委托人或买受人的任何违约行为不承担责任。在委托人或买受人出现违约行为的情况下,中汉有权根据自己的判断决定向委托人或买受人披露另一方的名称和地址,使受到损害的一方得以通过法律诉讼或者其它合法方式获得损害赔偿。但是,中汉在向委托人或买受人披露该等资料之前,将采取合理步骤通知将被披露资料的一方。
第六十二条:对中汉商誉损害的赔偿责任
委托人在无确切证据的情况下,不得就中汉的诚信(包括但不限于:就中汉返还未上拍或未成交拍卖品的同一性、鉴定结论的公正性等)提起诉讼或作出其它损害中汉商誉的行为。否则,中汉有权要求委托人公开道歉,并赔偿商誉损失及因此产生的一切费用,商誉损失的赔偿金额应与该拍卖品的保留价相同。买受人在无确切证据的情况下,不得就成交的拍卖品的真伪发表没有根据或不负责任的意见,或者就中汉向其交付的拍卖品的同一性等提起诉讼或作出其它损害中汉商誉的行为。否则,中汉有权要求委托人公开道歉,并赔偿商誉损失及因此产生的一切费用,商誉损失的赔偿金额应与该拍卖品的保留价相同。
其它人士(包括但不限于竞买人)在无确切证据的情况下,亦不得就成交的拍卖品的真伪发表没有根据或不负责任的意见,或者作出其它损害中汉商誉的行为。否则,中汉有权要求其公开道歉,并赔偿商誉损失及因此产生的一切费用,商誉损失的赔偿金额应与该拍卖品的保留价相同。
第六十三条:通知
竞买人及委托人均应将其固定有效的通讯联络方式告知中汉,若有改变,应立即书面告知中汉。本规则中所提及之通知,谨指以信函或传真形式发出的书面通知。如以邮递方式发出,一旦中汉将通知交付邮递部门,则视为中汉已发出该通知,同时应视为收件人已按正常邮递程序收到该通知。如以传真、电子邮件、手机短信等电子方式发出,则发送当日为收件人收到该通知的日期。
第六十四条:可分割性
参加中汉组织的拍卖活动的当事人各方之间的权利义务,依照本规则的约定确定。
如本规则之任何条款或部分因任何理由被认定为无效、不合法或不可强制执行,本规则其它条款或部分仍然有效,相关各方必须遵守、执行。
本规则与现行拍卖法及相关法律、法规的规定不一致的,如果本规则的规定不违反有关法律和行政法规的禁止性规定,应该优先适用本规则的规定。本规则没有规定的,如果现行法律、法规有规定,适用有关法律的规定;如果本规则和相关法律、法规均没有规定的,适用国际惯例或国内行业惯例。
第六十五条:争议解决
因依照本规则参加中汉拍卖活动的当事人各方之间发生的任何争议,如果通过协商不能解决,相关各方应向中汉住所地的具有管辖权的法院提起诉讼。
解决该等争议的准据法应为中华人民共和国的法律。
第六十六条:使用文字
本规则以中文写就,英文文本仅供参考。中文文本如与英文文本有任何不一致之处,以中文文本为准。
本图录中的拍品估价以人民币为准,外币估价仅供参考。
第六十七条:施行时间
本规则于2020年6月1日起施行。
第六十八条:解释权
在法律允许的范围内、本规则的解释权属于北京中汉拍卖有限公司。
本规则使用的各标题仅为方便阅读,不得将之并为本规则内容,亦不得作为解释本规则各条款的依据。
CONDITIONS OF BUSINESS
Chapter I General Provisions
Article 1 Governing Law
These Conditions of Business (hereinafter referred to as "these Conditions") are made in accordance with the Auction Law of the People's Republic of China, other applicable laws and regulations and international practices.
Article 2 Definitions and Interpretation
The terms used in these Conditions shall have the following meanings:
"Company\* means Beijing Johan's Auctions Co., Ltd.
"Bidder" means a natural person, legal person or any other organization registered for an auction held by the Company, having completed necessary formalities and bidding for a Lot or Lots. The Bidder shall meet qualifications and conditions set forth in applicable laws and regulations of China in respect of buying a Lot or Lots. For the purpose of these Conditions, unless otherwise provided herein or the context otherwise requires, "Bidder" shall include any of its agents.
"Buyer" means the highest Bidder buying the Lot at an auction held by the Company.
"Seller" means a natural person, legal person or any other organization that consigns the Lot to the Company for auction in accordance with these Conditions. For the purpose of these Conditions, unless otherwise provided herein or the context otherwise requires, "Seller" shall include any of its agents.
"Lot" means any item(s) deposited with the Company for sale at auction in accordance with law.
"Auction Date" means, in respect of an auction, the date announced by the Company on which the auction will officially begin. In the case of any discrepancy between the actual date of auction and the date announced, the actual date of auction shall prevail.
"Sale Date\* means, in respect of an auction held by the Company, the date on which the auctioneer confirms the sale of any lot by striking his hammer or in any other public manner.
"Hammer Price\* means the amount of the highest bid accepted by the auctioneer in relation to a Lot.
"Proceeds of Sale\* means the net amount owed to the Seller equal to Hammer Price less commission pro rata, all Expenses and any other amounts owed to the Company by the Seller.
"Purchase Price" means the total amount payable by Buyer for its bid, including Hammer Price, commission and other Expenses payable by Buyer as well as the charges caused by Buyer's defaults.
"Expenses" means costs and charges, including but not limited to those with respect to Lot insurance, catalogue and other advertisements, packaging, transportation, storage, and any other expenses incurred pursuant to relevant laws, regulations and provisions hereof.
"Reserve" means the minimum (confidential) price at which the Seller agrees to sell the Lot.
"Estimate" means the price of the Lot provided in the catalogue or other descriptive materials and estimated prior to the Auction. Subject to possible changes from time to time, the Estimate can not be deemed as the fixed sale price.
Article 3 Scope of Conditions
The Company organizes auctions pursuant to the laws, regulations and policies of China. These Conditions shall ensure the benefit of and be binding upon
Seller, Bidder, Buyer and any other parties concerned (including but not limited to the agents of Seller, Bidder and Buyer) participating in an auction held by the Company. By bidding at an auction held by the Company, whether present in person or by agent, by written bid, telephone or other means, Bidders shall be deemed to have accepted these Conditions. All disputes between the parties participating in the Company's auction shall be solved in accordance with the provisions of these Conditions.
Article 4 Warranty against Defect
The Company denies any warranty of the authenticity and/or quality of any Lot. Any descriptions, statements and comments in connection with the Lot provided by the Company shall be for information only and in no way shall they constitute any warranty of the authenticity and/or quality of the Lot. All Lots are sold "as is\*. The Bidder and/or its agent shall bear the responsibility of inspecting the Lot in person or through experts designated thereby and shall be legally liable for its bid for any Lot. By bidding at an auction held by the Company, the Bidder shall be deemed to have fully inspected the Lot in which they are interested in terms of authenticity and quality thereof and have satisfied themselves as to condition and value of the Lot. By bidding at auction the Bidder acknowledges that he is willing to bear any possible risk in bidding and that he has waived the rights of challenging the authenticity and/or quality of the Lot.
Article 5 Special Notice
When the auctioneer confirms the highest bid by striking his hammer or in any other public manners at an auction held by the Company, the highest Bidder shall be the Buyer of the Lot and the sale contract concerning the Lot shall come into effect immediately. Whether the purchase confirmation has been signed or not shall have no effect on the fact that the sale contract has come into effect. At that moment, the fact that the Lot has been lawfully sold to the highest Bidder shall be accepted by the Company, all Bidders, Seller and Buyer, who shall be entitled to and assume any rights and obligations arising therefrom under laws and these Conditions. Any party failing to perform obligations thereof shall assume relevant legal liabilities. Any Seller, Bidder, Buyer and other parties concerned participating in an auction held by the Company shall read these Conditions carefully and conform to the provisions hereof. All parties shall be liable for their own actions at auction and any loss caused by their failure to read the Conditions carefully. The Company reserves and will under appropriate circumstances practice the right to alter these Conditions, particularly by the form of a bulletin and/ or a preannouncement of Auctioneer at auction. Any changes in these Conditions so made shall supersede all prior agreements.
Chapter II Commitment
Article 6 Commitment of the Company
The Company is established under the laws of the People's Republic of China. Honesty and good faith are basic principles underlying the Company's operations The Company undertakes that it will at any auction and other related activities treat all Sellers, Bidders, Buyers and other relevant parties with honesty and good faith. With respect to the following aspects of any auction, the Company undertakes that:
the Company will store the Lot in a reasonably prudential manner pursuant to these Conditions and prevailing practices of the auction industry and return to the Seller the unauctionable or unsold Lot pursuant to these Conditions;
the Company will examine the Lot in a reasonably prudential manner and state its opinion in the catalogue or other relevant documents. However, in no way shall any representation or opinion of the Company on any Lot constitute any warranty or guarantee of the quality, authenticity, age, author or any other aspect of the Lot;
the Company undertakes that the Lot bought by the Buyer will be stored in a proper manner pursuant to these Conditions after the auction. The Company further undertakes to assume the liability of compensating the Buyer for any losses and damages of the Lot, to the extent of the Purchase Price already paid by the Buyer, before the aforementioned risks have been transferred to the Buyer under these Conditions;
notwithstanding the risks of losses or damages of the Lot have been transferred to the Seller or Buyer hereunder, the Lot not taken back by the Seller or taken away by the Buyer within the specified time limit will still be properly stored by the Company in good faith. However, the aforementioned good deed of the Company does not constitute warranty or guarantee to the Seller/Buyer that the Company will undertake any obligation to preserve the Lot, and any loss or damage of the Lot and all storage costs paid by the Company shall be subject to pertinent provisions hereof set forth below; and
the Company will respect and under no circumstance breach the copyright of the Lot owned by the Seller or Buyer, and will comply with applicable laws and these Conditions when producing and using pictures, illustrations, catalogues, or other forms of images of the Lot. However, the Company will under no circumstances give any opinion or warranty in relation to the ownership and/or restrictions of the copyright of the Lot.
Chapter III Conditions Mainly Concern-ing the Seller
Article 7 Consignment Procedures
When the Company acts as an agent of the Seller to auction its property:
The Seller as a natural person shall hold a valid identity certificate and enter into a consignment contract with the Company;
The Seller as a legal person or any other organization shall hold a valid certificate of registration, identity certificate of legal representative, power of attorney and identity certificate of agent and enter into a consignment contract with the Company;
When the Seller enters into a consignment contract with the Company, the Company shall be automatically authorized to produce pictures, illustrations, catalogue, or other forms of images of the Lot.
Article 8 The Seller's Agent
When arranging for consignment on behalf of the Seller, the Seller's agent shall submit to the Company the following documents:
If the agent is a natural person, valid identity certificate;
If the agent is a legal person or any other organization, valid certificates of registration, identity certificate of legal representative, power of attorney issued by such legal person or any other organization to the agent (natural person) thereof and the identity certificate of the agent (natural person); and
CONDITIONS OF BUSINESS
Power of attorney issued by the Seller to the Seller's agent through lawful procedures.
The Seller has rights to check all the documents mentioned above within the legal permission.
Article 9 The Seller's Warranties
The Seller hereby makes irrevocable warranties as follows to the Company and the Buyer with respect to the consigned Lot:
The Seller has exclusive and absolute ownership and legal right to dispose of the Lot. Without prejudice to any legal interest (including copyright) of any third party, the auction of the Lot will not violate any relevant law or regulation;
The Seller has, to the best of its knowledge, made full and complete disclosure and description to the Company with respect to the origin and any flaw or defect of the Lot without any concealment and fabrication; and
The Seller shall indemnify and hold the Company and/ or the Buyer harmless from and against any claims, losses and damages or actions incurred or brought by the actual owner or any third party who claims to be the actual owner of the Lot and all Expenses and costs (including but not limited to attorney's fees, survey fees and court costs) incurred in connection therewith arising out of or in any way attributable to any breach of above warranties.
Article 10 Reserve
All Lots are offered subject to a Reserve, unless otherwise agreed by the Seller and the Company. The Reserve shall be determined by the Seller and the Company in writing and no modification or amendment of the Reserve shall be binding upon the parties unless prior consent of the other party is obtained. In the event that the Lot is not sold in the auction, the Company shall have right to sell such Lot at the Reserve after the auction and be entitled to commission therefor from the Seller. Under no circumstances shall the Company accept any liability for failure in sale due to bidding lower than the Reserve at the auction.
Article 11 The Company's Discretion
The Company may decide on the followings at its absolute discretion:
Explanation and/or appraisal of any Lot made by the catalogue of Lot and/or news media and/or in other ways;
Adoption of expert's opinion;
The arrangement for illustrations in catalogue, EXHIBITIONs and other advertising activities in connection with Seller's Lot and charge rates accrued thereupon;
Whether the Lot is suitable for the Company to auction; and
The place, date, conditions and way of auction.
Article 12 Unauctionable Lot
After the Seller has entered into the consignment contract with and delivered the Lot to the Company, if for any reason the Company believes that the Lot is not suitable for auction, the Seller shall, at the site which the Company at its sole discretion considers appropriate, collect the Lot within 14 days from the date of the Company's notice dispatched (the date when the notice is dispatched shall be counted and the fees for the packaging and handling shall be paid by the Seller), in which case the consignment contract made between the Seller and the Company shall cease on the date the Seller collects the Lot. If the Seller fails to collect the Lot during the above-mentioned Period, the consignment contract will be automatically terminated upon expiration of the term thereof. The Company reserves the right to dispose of the Lot in any way it deems reasonable if the Seller still fails to collect the Lot within 7 days following the ceasing of the consignment contract, in which case the proceeds from such disposal shall be collected by the Seller after deduction of all costs and Expenses incurred, if any remaining amount exists after such deductions.
Article 13 Suspension of Auction
The Company may suspend any auction at any time under any one of the following circumstances:
The Company has objection to the ownership or authenticity of the Lot;
Any third party has objection to the ownership or authenticity of the Lot with undertakings to provide relevant evidence, make security as required by the Company and take liability for all legal repercussions and losses due to suspension of auction;
The Company and/or any third party has objection to representations made by the Seller or the accuracy regarding the Seller's warranty provided in Article 9 hereof; or The Company and/or any third party has any evidence to prove the Seller has already violated or is to violate any term of these Conditions.
Article 14 Withdrawal of Lots by Seller
The Seller may withdraw the Lot at any time prior to the Auction Date subject to the Company's consent and a written notice stating the reasons. In the case that the catalogue or any other advertisements of the Lot have begun to be printed upon the Seller's withdrawal, the Seller shall pay an amount equal to 20% of the insured value of the Lot and other Expenses in connection therewith. In the case that the catalogue or other advertisements have not been printed, the Seller shall pay an amount equal to 10% of the insured value of the Lot and other related Expenses. The Seller shall be liable for any disputes and claims caused by withdrawal of a Lot. The Seller shall indemnify, defend and hold the Company harmless from any and all claims, liabilities and Expenses, including without limitation attorney's fees and court costs, which may be imposed on the Company as a result of the aforementioned withdrawal.
Article 15 Insured Automatically
Unless otherwise agreed by the Seller and the Company, all the Lots will be automatically covered under the insurance of the Company as soon as the Seller enters into the consignment contract with and delivers the Lot to the Company. The insured value shall be based on the Reserve agreed by the Seller and the Company in the consignment contract (if no Reserve is provided, the insured value is the one agreed by both parties; if the Reserve is adjusted, the insured value shall be the original Reserve). The insured value is only subject to insurance and claims other than the Company's warranty or guarantee for the value of the Lot and the Hammer Price of the Lot.
Article 16 Insurance Premium
Unless otherwise agreed by the Seller and the Company, the Seller shall pay the Company an insurance premium equal to 1% of the Hammer Price of the Lot after sale. In the case that the Lot fails to sell the insurance premium payable by the Seller to the Company shall be 1% of the Reserve.
Article 17 Insurance Period
In the case that the auction of the Lot succeeds, the insurance Period shall terminate on the earlier of 4 p.m. of the 30th day of the Sale Date, counting from that Date, and the date when the Buyer collects the Lot. In the case that the auction fails, the insurance Period shall terminate at 4 p.m. of the 14th day counting from the day when the Seller has received the Company's notice to take back the Lot.
Article 18 Insurance by Seller
In the event that the Seller notifies the Company not to arrange insurance for the Lot in writing, he shall undertake to bear all the risks of losses and damages of the Lot and the following liabilities:
To indemnify and hold the Company harmless from and against any claims or actions incurred or brought by any third party with respect to the losses or damages of the Lot;
To indemnify and hold the Company and/or any other parties harmless from and against any losses and Expenses in relation to the losses or damages of the Lot caused for any reason; and
To notify the terms of indemnity hereunder to any insurer of the Lot.
Article 19 Uninsured
The Company will not be liable for any the damages or losses of the Lot caused by natural wear, inherent flaws, inherent or potential defects, inherent material changes, self-combustion, self-warming, oxidation, rust, leakage, rat-bite, woodworm, changes in atmospheric (climate, temperature or humidity) conditions or other reasons of natural changes, or caused by earthquake, tsunami, war, actions similar to war, hostile actions, armed conflicts, terrorism, rebellion, coup, strike, riots, traffic accident, aviation accident, or nuclear fission, nuclear fusion, nuclear weapon, nuclear radiation, or radioactive pollution. The Company will not take liability for any damages to or any losses of frames, glass, drawer, bottom mat, trestle, mounting, insert pages, roller or other similar accessories caused by any reason.
Article 20 Insurance Indemnity
Any damages or losses of the Lot caused by incidents or disasters covered by insurance the Company purchased for the Lot shall be handled in accordance with applicable laws and regulations of the People's Republic of China regarding insurance. The Company shall pay insurance indemnities less all Expenses incurred by the Company to the Seller after the Company obtains such indemnities from the insurance company.
Article 21 Non-Bidding
The Seller shall not bid for any Lot consigned to the Company thereby, nor authorize any other person to bid on behalf thereof. The Seller shall be liable for and indemnify the Company against any losses and damages caused by violation of this provision.
Article 22 Commission and Expenses
Unless otherwise agreed by the Seller and the Company, the Seller shall authorize the Company to deduct 10% of the Hammer Price as commission and other Expenses from the Hammer Price. Nevertheless
CONDITIONS OF BUSINESS
the Company acts as the agent of the Seller, the Seller agrees that the Company may be entitled to the Buyer's remuneration and other Expenses payable by the Buyer in accordance with provisions in Article 47 hereof.
Article 23 Service Fee for Unsold Lot
In the case that the auction of the Lot fails due to bidding lower than the Reserve, the Seller shall authorize the Company to charge the Seller a service fee of unsuccessful auction equal to 3% of the Reserve (or the insured value if the Reserve is not available) and other Expenses payable by the Seller.
Article 24 Payment of Proceeds of Sale
In the case that the Buyer makes full payment to the Company in accordance with provisions in Article 49 hereof, the Company shall pay the Proceeds of Sale to the Seller in RMB after 35 days of the Sale Date.
Article 25 Deferred Payment
In case the Company does not receive the full payment from the Buyer upon the expiry of payment Period under Article 48 hereof, the Company will pay the Proceeds of Sale to the Seller within 7 business days upon receipt of such full payment from the Buyer.
Article 26 Taxes
The Seller shall be responsible for paying any tax imposed on its Proceeds of Sale in accordance with applicable laws and regulations.The Company will withhold any tax the Company is obligated to withhold under relevant laws and the Seller shall assist the Company in completing all related formalities and bear corresponding taxes.
Article 27 Assistance in Collecting Deferred Payments
The Company shall be authorized by the Seller to collect deferred payment from the Buyer and claim against the Buyer for liabilities for breach of contract in the Company's name at the same time of being arranged for consignment. In the event the Buyer fails to make full payment to the Company within 30 days after the Sale Date (counting from that day), the Company is entitled to recover the commission and other Expenses payable by the Buyer in accordance with provisions in Article 55 and Article 56 hereof and to take necessary measures (including but not limited to entering into litigation, arbitration and any dispute resolution procedures held by the public authorities) as it deems practical to assist and/or represent the Seller in collecting deferred payments. However, the Seller and Company hereby agree that the aforementioned provisions shall under no circumstance exclude the right of the Seller to collect deferred payment from the Buyer in person or through any third party or involve any obligation of the Company to collect deferred payment from the Buyer on behalf of the Seller. The Company shall have no responsibilities and liabilities to the Seller in the case of any deferred payment by the Buyer.
Article 28 The Company's Discretion
The Company may determine the following matters, as the case may be, upon authorization by the Seller (at the Seller's Expenses):
To agree special terms on how to make the payment of Purchase Price;
To remove, store and arrange insurance for sold Lot;
To settle claims brought by the Buyer or the Seller in accordance with relevant terms and conditions hereof; and
Take other necessary steps to collect deferred payment from the Buyer.
Article 29 Unsold Lot
In the case that the Lot is not sold, the Seller shall, at the site which the Company at its own discretion considers appropriate, take back the Lot within 14 days upon receipt of the Company's notice (counting from that day and the packing and shipping at the Seller's own Expenses) and, pursuant to these Conditions, pay the Company fees for failed auction and all other Expenses. If the Seller fails to do so within said Period, the Company reserves the right to resell the Lot by public auction or in any other way under these Conditions the Company considers appropriate and pay the Seller the Proceeds of Sale less unsold fees and other Expenses accrued from the first auction and all costs incurred in the resale of the Lot.
Article 30 Risks and losses
The Seller shall take liability for any risk and/or loss incurred beyond the aforementioned time limits in case of failure to take back the unauctioned or unsold Lot within said time limits. All the risks and Expenses of the unsold and/or unauctioned Lot shall be borne by the Seller upon the earlier of 4 p.m. of the 14th day after the Company has served the take-back notice (counting from that day) and the date when the Buyer collects the Lot. In the case that the Seller requires the Company, and the Company agrees, to assist in returning the Lot within the term stipulated in these Conditions, the Seller shall be liable for all risks, Expenses and losses of the Lot when it departs form the site designated by the Company. Generally, the Company is not responsible for arrangement of transportation insurance after departure of the Lot from the site designated thereby unless the Seller specifically instructs the Company to do so and pays the insurance premium in advance.The Company may assist in sending back the Lot to the Seller upon his request by mailing, express delivery or third-party transportation. Once the Company delivers the Lot to the mailing, express delivery or shipping office or firm or any of its employees or branches, the Lot shall be considered as having been returned by the Company and collected by the Seller.
Chapter IV Conditions Concerning the Bidder and the Buyer
Article 31 Catalogue of Lot
At the auction, the Company will prepare a catalogue to introduce in brief the status of the Lot with words and/or pictures for the convenience of Bidders and Sellers. The words, Estimate and pictures contained in the catalogue and other images and advertisements of the Lot are for information only and subject to revision before auction and shall not constitute any warranty of the Company in respect of the authenticity, value, tone, quality and flaw or defect of any Lot.
Article 32 Uncertainty of Catalogue
In case that the tone, color, graduation and shape shown in catalogue and/or any other illustrations, images and advertisements differ from those of the original of the Lot due to print, photograph and other technical reasons, the original shall apply.Any statement and appraisal in any form (including but not limited to the certificate, catalogue, slide show, news media) of any Lot made by the Company and its employees or agents are only for reference and shall not constitute any guarantee for the Lot. The Company and its employees or agents shall undertake no liability for any inaccuracy and omission in the statements and appraisal mentioned above.
Article 33 Inspection by Bidders
The Company shall undertake no guarantee for the authenticity and/or quality of the Lot. Any Bidder and/or its agent shall inspect and investigate the actual status regarding the Lot at his own cost and risk and take any legal liability for its bidding.The Company strongly advises the Bidders to inspect the original Lot they intend to bid for personally or with expert assistance or using other methods before the Auction Date. Bidders shall decide on the authenticity and quality of the Lot at their own cost and risk with reference to, instead of relying upon, the catalogue and other images and advertisements of the Lot.
Article 34 Registration of Bidders
To qualify as a Bidder, a natural person shall complete and sign the registration form and receive a bidding number before the Auction Date by presenting a valid identity document, and a legal person or any other organization shall complete and sign the registration form and receive a bidding number before the Auction Date by presenting a valid certificate of registration, identity certificate of legal representative or valid power of attorney. The Bidder shall keep the bidding number in a proper manner. Unless a prior written agreement is otherwise reached between the Company and the Bidder, any person who holds the bidding number at auction shall be considered to be the relevant Bidder himself/herself.
Article 35 Deposit
The Company will charge a deposit before the Bidder receives bidding number. The amount of deposit will be announced before Auction Date. The Company will refund all the deposit mentioned above without interest to the Bidder within five business days after auction in case the Bidder fails in auction. In the event that the Bidder succeeds at auction, the deposit will be taken as part of Purchase Price payable by the Buyer and the balance (if any) will be refunded at the time of collection. If there is any doubt or uncertainty concerning the credit standing or ability of any Bidder to implement any specific performance, the Company is entitled to ask for relevant proof from the Bidder or commission any other third party to investigate the said doubt or uncertainty and charge the said Bidder an additional deposit. The Company may also charge the Bidder an additional deposit if the Bidder defaulted or showed a poor credit standing in any previous auction held by the Company or any other auction organization. Failure to pay such additional deposit will entitle the Company to refuse participation by the said Bidder in any auction held by the Company.
Article 36 The Company's Option
The Company may at its discretion forbid any one from participating in any auction held thereby, admission to the premises or taking a picture or making a video recording during auction, as the case may be.
Article 37 Abnormal Events
In case of any abnormal events at auction, the Company may take necessary actions as the case may be. In the case that any dispute arises at auction, the
CONDITIONS OF BUSINESS
Company may have rights to mediate and settle.
Article 38 Bidding as Principal
Any person who bids shall be deemed as principal, unless the Bidder presents to the Company a written certificate showing that it is the agent of a principal and subject to the Company's approval in writing before Auction Date.When arranging for bidding, the Bidder's agent shall present to the Company the original power of attorney and a copy of the valid identity certificate of the Bidder and its agent each while the Company will examine the original of such identity certificate.The power of attorney issued by a Bidder shall indicate the name of the agent, authorized items, acting authority and Period.
Article 39 Commission Bids
The Bidder shall in principle attend the auction personally; otherwise it may give the Company a commission in writing or in any other way approved by the Company to bid on its behalf. The Company shall have the right but no obligation to accept such commission.
Article 40 Procedures of Commission Bids
The Bidder who intends to give the Company a commission to bid on its behalf shall present the Company with a written authorization certificate and hand in a deposit in accordance with provisions in Article 35 hereof within the specified Period (not Later than 24 hours before Auction Date). Otherwise, the Company has the right to reject the commission.
Article 41 Cancellation of Commission Bids
The Bidder who entrusts the Company to bid on its behalf shall inform the Company of cancellation in writing not Later than 24 hours before Auction Date.
Article 42 Non-liability of Commission Bids
Since the Company charges no fee for bidding on behalf of the Bidder in the case that the Bidder can not attend the auction personally, the Company shall not be liable for any failure in bidding or any negligence or fault in the commission bids.
Article 43 Principle of Priority
In the event that two or more Bidders entrust the Company to bid on their behalf for the same Lot and succeed with the same commission price, the Bidder whose authorization certificate was first received by the Company shall be the Buyer of the Lot.
Article 44 Auctioneer's Discretion
The auctioneer is entitled to represent the Company to increase or decrease the bidding ladder, refuse any bid, or restart auction in case any dispute arises.
Article 45 Screen of Video Images
At some auctions, there will be a video screen or other screens in operation for the convenience of Bidders, which are only for reference. However, there might be errors on the screen. The Company shall not be liable for any losses and damages caused by such errors in amounts, serial number or pictures of the Lot, or foreign exchange rate.
Article 46 Successful Bid
When the highest bid is confirmed by the auctioneer's hammer striking or in any other public manner, the Bidder offering the highest bid shall succeed in the
auction and the sale contract concerning the Lot shall come into effect immediately. The said highest Bidder of the lot will be the Buyer of the Lot.
Article 47 Auction Record
The Company will prepare a written record with respect to the auction signed by the auctioneer and the recorder.At the auction, for the convenience of the Buyers' payment and so on, the Buyer shall sign the purchase confirmation showing the successful bid after the highest bid is confirmed by the auctioneer's hammer striking or in any other public manner. Signing the purchase confirmation is one of the proofs that the sale contract concerning the Lot has come into effect.
Article 48 Remuneration and Expenses
The Buyer shall pay the Company a remuneration equal to 15% of Hammer Price and other Expenses payable by the Buyer hereunder and acknowledge that the Company is entitled to charge commission and other costs payable by the Seller under Article 22 hereof.
Article 49 Payment
The Buyer shall make full payments in a lump sum and collect the Lot (packaging and handling at the Buyer's expense) within 30 days following the Sale Date; otherwise the Buyer shall be liable for breach of contract.
Article 50 Currency
All payments shall be made in the currency designated by the Company. In the event that the Buyer makes payments in a currency other than the designated one, the currency shall be converted at the rate agreed upon by the Buyer and the Company or at the rate announced by the People's Bank of China one(1) business day prior to the payment. The Buyer shall reimburse the Company for any bank charges, commission and other Expenses for converting the currency into RMB.
Article 51 Passing of Title
The Buyer will acquire ownership of the Lot after having paid Purchase Price in full according to the Agreement by the Seller and Buyer and picking up the Lot.
Article 52 Transfer of Risks
After a successful bid, any Lot purchased shall become at the Buyer's sole risk when, whichever is earlier:
the Buyer collects the Lot purchased; or
the Buyer pays to the Company full Purchase Price for the Lot; or
it is 4 p.m. of the 30th day after Sale Date (counting from that day).
Article 53 Collection
The Buyer shall, at the site the Company at its sole discretion considers appropriate, collect the purchased Lot no Later than 4 p.m. of the 30th day after Sale Date (counting from that day) after having made full payments. In case of failure to do so, the Buyer shall be solely liable for all risks and losses of the Lot and bear all Expenses for transportation, storage and insurance in connection therewith due to delayed collection. Nevertheless the Lot is still preserved by the Company or any other agents on behalf of the Buyer the Company and its employees or agents shall not be liable for any losses and damages of the Lot caused
for any reason.
Article 54 Package and Transportation
The Company reserves the right to decide whether to accept the Buyer's request to arrange packing and handling service. The Company may arrange packing and handling of the purchased Lot on behalf of the Buyer as non-profit services upon its request at the sole risk and loss of the Buyer. Under no circumstances shall the Company take any liability for any damages or losses of glass, frames, drawer, bottom mat, trestle, mounting, insert pages, roller or other similar accessories arising out of any reason. In the case that the Buyer requires the Company to assist in sending the purchased Lot by mailing, express delivery or any other shipping way (with packing, mailing and transportation at the cost of the Buyer), once the Company does so in that way, the Lot shall be considered as having been received by the Buyer in normal procedure. The Buyer shall be liable for all risks during the foregoing process. The Company is not responsible for arrangement of shipping insurance, unless the Buyer specifically instructs the Company to do so and bears the insurance premium. In addition, the Company shall undertake no liability for any fault, omissions, damages and losses caused by the packers or carriers the Company recommended or the Buyer designated.
Article 55 Export of Lot
The Company will, to the best of its knowledge, identify in catalogue or at auction any Lot prohibited to be exported under the Law of the People's Republic of China on Protection of Cultural Relics and other relevant laws and regulations. The Buyer shall be responsible for applying for export license in accordance with Chinese laws for the Lot permitted to be exported pursuant to the Law of the People's Republic of China on Protection of Cultural Relics and other relevant laws and regulations.
Article 56 Remedies for Non-payment
In the case that the Buyer fails to make full payment within the Period provided in Article 48 hereof, the Company shall be entitled to exercise one or more of the following remedies:
Commence lawsuit, arbitration or other dispute resolution proceedings against the Buyer to request for payment obligations;
Cancel the sale contract and pursue the corresponding legal liability of the Buyer in accordance with the provisions of relevant laws and regulations and these Conditions;
Withhold the deposit and hold the Buyer liable in accordance with these Conditions;
Charge the Buyer an interest at a rate of three tenthousandths per day on the due and unpaid amount or the Storage Fee of three hundands RMB per day for each Lot until such payment is made fully, (the higher price will be applied) to the extent it remains unpaid fully for more than 30 days after Sale Date, unless otherwise agreed by the Buyer and the Company;
Commence lawsuit, arbitration or other dispute resolution proceedings against the Buyer for any damages caused by the Buyer's breach of contract, including but not limited to the losses of interest on deferred or unpaid payment by the Buyer and the attorney fee;
Exercise a lien on the purchased Lot or other properties of the Buyer which may be in the Company's
CONDITIONS OF BUSINESS
possession for any reason. The Buyer is liable for all Expenses and/or risks incurred during the Period of lien. In case the Buyer fails to perform all relevant obligations hereunder within the specified Period, the Company shall have the right to dispose of such property in accordance with relevant laws and regulations of China. In case the proceeds cannot cover the amount outstanding, the Company is entitled to claim for the balance;
Within 60 days after the Sale Date (counting from that day), If the Buyer does not pay off the full price of the Lot, the Seller has rights to cancel the sale of the Lot and any other Lot sold to the same Buyer at this auction or at any other auctions and reserve the right to claim for the losses caused by the cancellation;
Resell the Lot by auction or other ways in accordance with these Conditions, subject to consent of the Seller. The original Buyer shall be liable to the Company for the remuneration/commission and other Expenses incurred at such auction as well as all Expenses for resale by auction or otherwise. In addition, the original Buyer shall also be liable for the shortfall together with all costs, in the event such resale is for less than the original Purchase Price and Buyer's Expenses for the Lot;
Other appropriate measures.
Article 57 Remedies for Deferred Collection
In case the Buyer fails to collect the purchased Lot within the Period provided in Article 49 hereof, the Company shall be entitled to exercise one or more of the following remedies:
Arrange storage of the Lot at the Company or any other place at Buyer's risk and/or Expenses. The Buyer shall pay the Lot storage fee equal to 0.3% of the Hammer Price of the Lot per day or 300 RMB per day for each Lot (higher price will be applied) from the 31th day following Sale Date to the actual collection day and the insurance premium equal to 1% of the Hammer Price of the Lot. The Buyer shall not collect the Lot unless the Purchase Price and relevant Expenses are paid in full (package and transportation at the Buyer's expense);
Exercise a lien on the purchased Lot. After 90 days of delayed collection by the Buyer, the Company may, as the case may be, dispose of such Lot and use the proceeds to compensate for the amount outstanding owed to the Company including but not limited to storage, insurance and transportation costs;
Take the purchased Lot and deposit it at a take-anddeposit institution. The cost caused by the takeand-deposit shall be borne by the Buyer. All matters concerning such take-and-deposit shall be subject to applicable laws and regulations of China.
Chapter V Miscellaneous
Article 58 Confidentiality
The Company shall be obligated to maintain the confidentiality of any information provided to it by Seller, Bidder and Buyer and indemnify and hold Seller, Bidder, Buyer and the Company harmless from and against any damages to their legitimate rights and interests in accordance with relevant laws and regulations of the People's Republic of China and these Conditions.
Article 59 Identification
The Company may identify or reidentify the Lot as it deems necessary at the Company's own discretion at any time (including but not limited after the delivery of the Lot to the Buyer, the payment of Proceeds of Sale to the Seller from the Company) after entering into the consignment contract with the Seller. The identification items may include its maker, date, name, type, material, condition, flaw and size. In case of any discrepancy with respect to the status of such Lot between the identification results and the consignment contract, or the damage to the Company's reputation, the Company shall be entitled to terminate or modify the consignment contract. In the case that the consignment contract has been fulfilled, the Seller should return the Proceeds of Sale to the Company. The Seller shall assume compensation liability according to the rules for any violation of warranties in Article 9.
Article 60 Copyright
The Company shall be entitled to take photographs, make illustrations or produce catalogues or other images relating to the Lot consigned to the Company for auction and shall have the copyright in such photographs, illustrations, catalogues or other images mentioned above.
Article 61 Exemption
The Company shall undertake no liability for any breach of contract by the Buyer or the Seller. The Company may at its sole discretion disclose the name and address of the Buyer or the Seller to the other party to enable that party to commence legal proceedings to recover the losses, provided that, prior to such disclosure, the Company takes reasonable steps to notify the party whose information will be so disclosed.
Article 62 Liability for Impairing the Company's Reputation
The Seller shall not take any legal proceedings against the Auctioneer in terms of its honesty and business reputation without definite evidence nor otherwise behave in a way harmful to its business reputation (including but not limited to the identity of the Lot returned and the impartiality of identification results of the Lot); otherwise the Auctioneer may demand indemnity from the Seller for the loss of business reputation and all Expenses arising therefrom. Such indemnity shall be in the same amount as the reserve of the Lot. Without any definite evidence, the Buyer shall not make any groundless or irresponsible comment on the authenticity of the sold Lot or take any legal proceedings against the identity of the Lot delivered by the Company to the Buyer nor behave in any manner harmful to the Company's business reputation; otherwise the Company shall have the right to demand official apology and indemnity from the Buyer for the loss of business reputation and all Expenses arising therefrom. Such indemnity shall be in the same amount as the Reserve of the Lot. Without definite evidence, any other persons (including but not limited to the Bidder) shall not make any groundless or irresponsible comment on the authenticity of the sold Lot or behave in any manner harmful to the Company's business reputation; otherwise the Company shall have the right to demand official apology and indemnity from such persons for the loss of business reputation and all Expenses arising therefrom. Such indemnity shall be in the same amount as the Reserve of the Lot.
Article 63 Notice
Both the Bidder and the Seller shall notify the Company of their valid and regular contact information. Any change in such contact information shall be notified in writing to the Company as soon as possible. All notices referred to in these Conditions shall be in writing and delivered by mail or fax. A notice sent by mail shall be deemed to have been delivered and received by the addressee via normal mail service on the date when the Company gives the notice to the post office. A notice sent by fax shall be deemed to be received on the date when it is faxed.
Article 64 Severability
Rights and obligations of parties participating in an auction held by the Company shall be subject to these Conditions. If any provision or part of these Conditions is deemed invalid, unlawful or unenforceable by a competent agency, these Conditions shall be ineffective to the extent of such unlawfulness or unenforceability without invalidating or affecting the validity or enforceability of the remaining provisions of these Conditions.In case of any discrepancy between these Conditions and any relevant law or regulation currently in force, these Conditions shall prevail if they do not violate any prohibitive provisions of such laws and regulations. Any matters not covered by these Conditions shall be governed by existing laws and regulations applicable thereto, if any, or subject to domestic or international trade practices if such matters are not covered by these Conditions or any existing laws or regulations.
Article 65 Dispute Resolution
Any dispute arising between parties participating in an auction held by the Company under these Conditions shall be referred to a Chinese court whose jurisdiction covers the business address of the Company, unless the parties have agreed otherwise. Such disputes shall be governed by the laws of the People's Republic of China.
Article 66 Language
These Conditions are written in Chinese and English. The English version is only for reference. In case of any discrepancy between Chinese version and English version, the Chinese, as the official version, shall prevail.
The price of the Lot in this catalog is subject to its RMB price, the foreign currency price is for your reference only.
Article 67 Date of Effectiveness
These Conditions shall be effective as from June 1st, 2020.
Article 68 Right to Interpret
The Company has the right to interpret these Conditions at its own discretion.
Headings are used in these Conditions for the convenience of the parties only and shall not be incorporated into these Conditions and shall not be deemed to be any indication of the meaning of the clauses.
中汉二二三年春季拍卖会瓷器佛像工艺品
2023年6月10日
拍卖会编号:129
兹申请并委托本公司就以下拍品及价格进行竞买,并承诺接受如下条款:
一、委托人承认并愿意遵守本公司本次拍卖会的《拍卖规则》之各项条款。若竞买成功,须同时缴纳成交价款15%的佣金。
二、为使委托人的委托出价得以接受而不延误,委托人须最迟在拍卖日前三天向本公司提供有关资质信证明,缴纳办理竞买号牌所需保证金,并预付表内所列出价的30%的委托保证金,如拍卖日前本公司未收到预付的保证金,恕不接受该委托。
三、本公司本着为客户利益出发的原则,以尽可能低的价格从事竞买活动,成交价格不得高于表列委托价;当场内竞价超过委托价时,委托人通过现场电话委托工作人员竞买。
四、如竞投成功,委托人须自成交之日起三十日内,向中汉一次性支付落槌价及相当于落槌价15%的酬金及其它费用。
请邮寄或传真至:
北京中汉拍卖有限公司
北京市东城区金宝街89号金宝大厦1203室
电话:(86-10)6526 6856
传真:(86-10)6528 3189
邮编:100005
开户银行:中国工商银行股份有限公司北京建国路支行
开户名称:北京中汉拍卖有限公司
银行账号:0200041909200211936
银行地址:北京市朝阳区建国门外大街8号北京IFC大厦A座
邮政编码:100020
开户银行:上海浦东发展银行北京分行建国路支行
开户名称:北京中汉拍卖有限公司
银行账号:91090154800008364
银行地址:北京市朝阳区建外大街99号
邮政编码:100035
填写本授权书时,应填写所有项目。若两个以上委托竞投者以相同委托价竞投成功,则以最先收到授权书者为该拍卖品的买受人。
委托竞投授权书
| 图录号 | 拍品名称 | 委托价(人民币/元) |
Johan's 2023 Spring Auctions
Chinese Ceramics & Works of Art
June 10th, 2023
Sale Code: 129
Please bid on my behalf at the above sale for the following Lot(s) up to the hammer price(s) mentioned below, and I agree the following Conditions:
1. I have read carefully and obey the Conditions of Business of Johan's Auctions and the declaration and regulations announced by the form of a bulletin on Auction site. After succeeding in bidding, the Bidder shall pay Johan's remuneration equal to 15% of Hammer Price and other Expense within 28 day after the Sale Date.
2. The provisions about Commission Bids in the Conditions of Business of Johan's a commission to bid on its behalf shall present Johan's with a written authorization certificate and pay the deposit 30% within certain Period (not Later than 24 hours before Auction Date). Otherwise, Johan's has the right to reject the commission.
3. These bids are to be executed as possible in the interests of customers. Bidding price shall not be higher than the listed price commission.
4. After succeeding in bidding, the Bidder shall pay Johan's a remuneration equal to 15% of Hammer Price and other Expenese within 30 day after the Sale Daye.
Please mail or fax to: Beijing Johan's Auctions Co., Ltd. Room 1203, Jinbao Building, No. 89 Jinbao Street, Dongcheng District, Beijing 100005, CHINA Tel: (86-10) 6526 6856 Fax: (86-10) 6528 3189
Bank Name: ICBC Bank of China Beijing Jian Guo Lu Branch
Account Name: Beijing Johan's Auctions Co., Ltd.
Account No: 0200041909200211936
Address: IFC Building A, No.8 Jianwai Street, Chaoyang District, Beijing 100020, China
Bank Name: SPD Bank of China Beijing Jian Guo Lu Branch
Account Name: Beijing Johan's Auctions Co., Ltd.
Account No: 91090154800008364
Address: No.99 Jianwai Street, Chaoyang District, Beijing 100035, China
Important: mportant:
To fill this power of attorney, should fill in all the items. In the event that two or more Bidders entrust Johan's to bid on their behalf for the same Lot and succeed in the same commission price, the Bidder whose authorization certificate was first received by Johan's shall be the Buyer of the Lot.
BID ORDER
| Full Name Paddle No. |
| I.D. / Passport No. |
| Address |
| Tel Fax |
| Signature Date |
| Lot No. | Title or Description | Bid Price (RMB) |
北京中汉拍卖有限公司
所有拍品由
中国平安财产保险股份有限公司
承保
Beijing Johan's Auctions Co., Ltd.
All of the items in the auction are
underwritten by the Ping An Insurance
(Group) Company of China, Ltd.
中国平安 PINGAN
保单号:1022900013113666001
艺术品保险FINE ART INSURANCE
保险单INSURANCE POLICY
被保险人NAMED INSURED:
北京中汉拍卖有限公司Johan Beijing Auctions Co., Ltd.
香港中汉拍卖有限公司Johan Hong Kong Auctions Ltd.
中国平安财产保险股份有限公司上海分公司签发
Signed by PING AN PROPERTY & CASUALTY INSURANCE COMPANY OF CHINA.LTD.SHANGHAI BRANCH
地址:中国上海市常熟路8号10-13楼
电话:86-4008866338
Add : 10-13/F, Jing An Plaza, 8 Changshu Road Shanghai 200040 P.R.China
传真:86-21-62484240
Tel : 86-4008866338
邮政编码:200040
Fax: 86-21-62484240
中国平安财产保险股份有限公司PING AN PROPERTY & CASUALTYMISURANCE COMPMAIY OF CHINA, LTO.保单专用章
授权签字盖章 Authorised Signature
Ping An Property & Casualty Insurance Company of China Lc Shah Branch 验证码:9H4G2JIX038uaCsTrm
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