damage to an Auction Property and/or any manner of restored piece and/or
any repaired piece (including repainting or overpainting) shall not be deemed a
forgery.
Please note that the foregoing warranty shall not apply if:
(1) The information in the catalogue is based on the generally accepted opinions of
academics and experts on the selling date, or said information in the catalogue
indicates that there exist confl icts in such opinions; or
(2) On the selling date, the only means of proving that the Auction Property in
question is a forgery is not generally available or recognized at such time, is
extremely expensive or is impractical; or may already have caused damage to
the Auction Property or may (in the reasonable opinion of the Company) already
have caused the Auction Property to lose value; or
(3) If, based on its description, the Auction Property has not lost any material value.
2. The period specifi ed by this warranty simply provides the Buyer an exclusive
non-transferrable benefi t for 5 years after the relevant Auction Date. To lodge a
claim based on this warranty, the Buyer must:
(1) notify the Company in writing within three months after the receipt of any
information which leads the Buyer to doubt the authenticity or attributes of
the Auction Property, specifying the reference number of the Auction Property,
the date on which the Auction Property was purchased and the reasons for
believing that the Auction Property is a forgery;
(2) return the Auction Property to the Company in a condition identical to that on
the date on which it was sold to the Buyer, and provided that good title thereto
is transferrable and no third party claims have been made in respect thereof
since the selling date.
3. With respect to contemporary and modern art, Chinese oil paintings and
Chinese paintings and calligraphy, although academic circles do not permit
the making of defi nitive statements in respect thereof at present, the Company
reserves the discretion, pursuant to this warranty, to cancel transactions of
contemporary and modern art, Chinese oil paintings and Chinese paintings
and calligraphy that are confi rmed to be forgeries, but only within one year after
the Auction Date. The amount paid shall be refunded to the Buyer pursuant to
this Article, provided that the Buyer provides to the Company evidence (by the
methods set forth in clauses 2 and 4 of this Article) confi rming that the Auction
Property is a forgery within one year from the Auction Date;
4. The Company may, at its discretion, decide to waive any of the foregoing
provisions. The Company shall have the right to request that the Buyer obtain,
at his or her expense, reports from two experts acceptable to the Company and
the Buyer who are independent and recognized in the industry. The Company
shall not be subject to any report presented by the Buyer, and reserves the right
to seek the opinion of additional experts at its own expense.
Article 34 Obtaining Information, Video Taking
With respect to the operation of the Company’s auction business, the Company may
make audio recordings, video recordings or keep a record of any auction process,
and may need to collect personal information from the Bidder or request information
about the Bidder from third parties (such as requesting a credit review from a bank).
Such information will be processed and kept confi dential by the Company. However,
relevant information may be provided to the Company, its divisions, affiliates,
subsidiaries or parent, or China Guardian, its divisions, affiliates, subsidiaries or
parent in order to assist the Company in providing excellent services to Bidders,
carrying out client analyses, or providing services that satisfy the requirements of
Bidders. For the benefi t of the Bidder, the Company may also be required to provide
certain personal information of the Bidder to third party service providers (such as
shipping companies or warehousing companies). By participating in the auction by
the Company, the Bidder indicates that he or she consents to the foregoing. If the
Bidder wishes to obtain or amend his or her personal information, he or she is asked
to contact the customer service department.
Article 35 Copyright
The Seller authorizes the Company to produce photos, illustrations, a catalogue, or
other form of video recording of, and publicity materials for, any Auction Property
that he or she has consigned to the Company for auction, and the Company enjoys
the copyrights therein, and has the right to use the same in accordance with the law.
Without the prior written consent of the Company, neither the Buyer nor anyone else
may use the same. Neither the Company nor the Seller gives any representations or
warranties as to whether the Auction Property is subject to copyright or whether the
Buyer secures any copyright in the Auction Property.
Article 36 Notices
The Bidder and the Buyer shall inform the Company of their fixed and valid
correspondence address and contact information by the method specifi ed in the
bidding registration documents or other method approved by the Company. In the
event of a change, the Company shall be promptly informed thereof in writing.
The notices mentioned herein only refer to written notices sent by post, by email, by
fax or by the Company’s mobile app (“Mobile App”). A notice shall be deemed as
served at the following times:
1. If served by hand, at the time it reaches the address of the relevant Party;
2. If by post, the seventh day after it is posted;
3. If by fax, when transmission is confi rmed by the sending fax machine;
4. If by email, when delivery is confi rmed by the email record;
5. A notice sent by the Company through Mobile App shall be deemed to be
received by the Bidder and the Buyer on the date when it is delivered.
Article 37 Severability
If any provision or part hereof is found invalid, unlawful or unenforceable for any
reason, the other provisions and parts hereof shall remain valid, and the relevant
parties shall abide by and perform the same.
Article 38 Laws and Jurisdiction
(1) These Conditions and related matters, transactions and any disputes arising
from, or in connection with, participation in the auction conducted by the
Company pursuant hereto shall be governed by, and construed in accordance
with, the laws of Hong Kong.
(2) Subject to Article 38.3 below, the Hong Kong courts have exclusive jurisdiction
to settle any disputes arising out of or in connection with any auctions
conducted by the Company (the “Disputes”). All of the Company, the Buyer
and the Bidder agree that the Hong Kong courts are the most appropriate and
convenient courts to settle the Disputes and accordingly no party will object to
submit to the exclusive jurisdiction of Hong Kong courts.
(3) This Article 38.3 is for the benefi t of the Company only. The Company shall not
be prevented from taking any proceedings relating to the Disputes in any other
courts with jurisdiction. To the extent allowed by law, the Company may take
concurrent proceedings in any number of jurisdictions.
Article 39 Language
The Chinese language version hereof shall be the governing version and the English
language version shall be for reference only.
In the event of a discrepancy between the English language version and the Chinese
language version, the Chinese language version shall prevail.
Article 40 Ownership of Copyright in the Conditions
These Conditions are formulated and shall be revised by the Company, and the
relevant copyrights shall vest in the Company. Without the prior written permission
of the Company, no one may use these Conditions in any manner or way to obtain
commercial benefits, and may not take copies of, communicate or store in any
searchable system any part hereof.
Article 41 Term of Applicability
These Conditions shall apply solely to the upcoming auction. The Company
may update these Conditions from time to time. When the Bidder and the Buyer
participate in another auction, then applicable Conditions of Business for Buyers
shall prevail.
Article 42 Right of Interpretation
During routine performance hereof, the right to interpret these Conditions shall be
exercised by the Company. In the event of a legal dispute between the Buyer and
the Company, the right of interpreting these Conditions, when resolving the dispute,
shall be exercised by the competent court.
Date of this version: 11th May 2022
Address of the Company: 5th Floor, Tower One, Lippo Centre, 89 Queensway, Hong
Kong
