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拍卖规则

第一章 总则

 

第一条 规则制定

These Rules are formulated in accordance with the Auction Law of the People's Republic of China and other relevant laws of the People's Republic of China and the articles of Association of the Company, with reference to international practice。

 

第二条 名词解释

In the terms of these Rules, the following terms have the following meanings:

()"The Company" means China Art and International Auction Company Limited;

()"Domicile of the Company" means Wangfujing Street, Dongcheng District, Beijing, People's Republic of China1The 3rd floor of the office area of the Art and Arts Centre and the business registration address which may be changed in the future;

()"Client" means a natural person, legal person or other organization that entrusts the Company to auction the auction objects within the scope of these Rules。本规则中,Unless otherwise stated or in accordance with the context of special needs, the principal includes the principal's agent;

()"Bidder" means a natural person, legal person or other organization that participates in the auction activities held by the Company, registers with the Company and goes through the necessary formalities, and has full capacity for civil conduct in accordance with the laws of the People's Republic of China to participate in the bidding of auction objects。Where the law provides for the conditions of sale of an auction object or the qualifications of a bidder, the bidder shall have the prescribed conditions or qualifications。In these Rules, unless otherwise stated or required by the context, bidders include the agent of the bidder;

()"Buyer" means the bidder who acquires the auction object at the highest bid in an auction organized by the Company。However, unless the state-owned cultural relics collection unit designated by the administrative department of cultural relics successfully exercises the right of national preemption within the relevant laws and the time prescribed by the Company, in this case the state-owned cultural relics collection unit is the buyer;

()"Auction objects" means articles owned by the client or which may be disposed of according to law and entrusted to the Company for auction;

()"Auction Date" means the date announced by the Company for the official commencement of auction trading in an auction event。If the published start date is inconsistent with the actual start date of the auction, the actual start date of the auction shall prevail

()"Auction Closing Date" means the date on which the auctioneer, in an auction organized by the Company, confirms the completion of a transaction of any auction subject by dropping the hammer or by any other public indication of purchase;

()"Gavel price" means the price at which the auctioneer has decided to sell the auction object to the buyer by dropping the gavel or by other public indication of purchase;

()"Proceeds of Sale" means the net amount paid to the Principal, which is the balance of the hammer price less commission, taxes, fees calculated on a pro rata basis and other amounts payable by the Principal to the Company;

(十一)"Purchase Price" means the sum of all fees payable by the Buyer for the purchase of the auction object, including the hammer price, all commissions and all fees payable by the Buyer;

(十二)"Fees" means the fees charged by the Company for insuring the auction objects, making the catalogue of auction objects and other forms of publicity materials, packaging, transportation, storage, storage, remittance, etc., and other fees charged in accordance with relevant laws or the provisions of these Rules;

(十三)"Reserve Price" means the minimum selling price of the auction object proposed by the client and determined with the Company in the contract of entrusted auction or authorized by the client to determine with the Company;

(十四)"Reference price" means the estimated selling price of the auction object indicated after the catalogue or other explanatory text of the auction object。The reference price is assessed earlier than the auction date and is not a definitive selling price and is not legally binding;

(十五)"Custodial Fee" means the custodial fee payable by the client and buyer to the Company in accordance with the provisions of these Rules, and the current fee is charged at 3/10,000th of the reserve price (agreed insurance amount without reserve price) per day;

(16) "Laws" means the laws, administrative regulations, departmental rules and normative documents enacted by the competent authorities of the People's Republic of China and amended from time to time。

 

第三条 适用范围

According to the laws of the People's Republic of China, the Company is qualified as a legal auction operator。The Company shall organize and conduct auction activities within the scope permitted by the laws and policies of the People's Republic of China。All the consignors, bidders, buyers and other relevant parties who participate in the auction activities of cultural relics, works of art and other collectibles organized and carried out by the Company shall be deemed to agree with and abide by the contents of these Rules。

The Company will open the online bidding system for specific auction venues. Any bidder who participates in the live auction activities organized by the Company through the online bidding system shall also comply with the Online Bidding Rules in force of the Company.。

 

第四条 特别提示

All the consignors, bidders and buyers participating in the auction activities of the Company shall carefully read and abide by these Rules, and be responsible for their own participation in the auction activities of the Company。Any loss or liability arising from failure to read these Rules shall be borne by the actor himself。Due to weather or other reasons, the Company reserves the right to postpone or cancel the auction at its sole discretion without making any compensation to the bidder。

在本公司举办的拍卖活动中,The highest bid of the bidder is confirmed by the auctioneer's hammer or by any other public indication of purchase,即表明该竞买人成为该拍卖标的的买受人,However, the state-owned cultural relics collection unit designated by the administrative department of cultural relics shall successfully exercise the right of national preemption within the time prescribed by the relevant laws and the Company,在此情形下该国有文物收藏单位为买受人。

The Company, the client and the buyer shall recognize the fact that the auction object has been sold and concluded, and enjoy the rights stipulated by law and these Rules, and perform the obligations stipulated by law and these Rules。If either party fails to perform its obligations, it shall bear the corresponding legal responsibilities。

 

第五条 瑕疵担保

The company specifically declares that it cannot guarantee the authenticity, quality and value of the auction object, and does not assume the liability for the defect guarantee of the auction object。所有拍卖标的均以拍卖时的状态出售。

Bidders shall examine the original objects of auction in person and bear legal responsibility for their own acts of bidding for auction objects。The act of any bidder participating in an auction organized by the company,It shall be deemed that the bidder has conducted a comprehensive inspection and evaluation of the authenticity, quality and value of the auction objects it bids for,And we are satisfied with the authenticity, quality and value of the auction object,Have a full understanding of the defects (if any) of the auction object and are willing to accept them。By participating in the auction, the bidder indicates that he is willing to take all the risks that may be encountered and has waived the right to object to the authenticity, quality or value of the auction object。

 

第二章关于委托人的规定

 

第六条 委托程序

委托人委托本公司拍卖其物品时,若为自然人的,A valid ID card or passport or other valid identity document recognized by the government of the People's Republic of China should be held,And sign an entrusted auction contract with the company;If it is a legal person or other organization,The valid registration document, the identity certificate of the legal representative or the legal authorization certificate shall be presented,并与本公司签署委托拍卖合同。

The relevant content of these Rules is an important agreement on the rights and obligations between the Company and the client, and constitutes an important part of the entrusted auction contract signed between the Company and the client. Matters not mentioned in the entrusted auction contract shall be executed in accordance with these Rules。

When a client entrusts the Company to auction its articles, it automatically authorizes the Company to exhibit, display, produce photos, drawings, catalogs or other forms of video products and promotional materials on its own。

 

第七条 委托人之代理人

If the agent of the principal entrusts the Company to auction the articles, it shall issue the relevant documents of entrustment to the Company, provide the legal identity of the principal and the agent, and sign the entrustment auction contract with the Company。If the principal and the agent are natural persons, they shall hold valid identity cards or passports or other valid identity documents recognized by the government of the People's Republic of China;If it is a legal person or other organization, it shall hold the valid registration document, the identity certificate of the legal representative or the legal authorization certificate。

The Company has the right to verify the above entrusted matters in a manner deemed reasonable by the Company。No verification of the above documents or any other act or omission taken by the Company will reduce, relieve or affect the responsibility or obligation of the Client。

 

第八条 委托人之保证

The client irrevocably warrants to the Company and the Buyer the following in respect of the auction objects entrusted to the Company for auction:

(It has the complete ownership of the auction object or the right to dispose of it,The auction, exhibition, reproduction, information network dissemination and publicity of the auction object will not infringe on the legitimate rights and interests of any third party (including but not limited to ownership, copyright, privacy, reputation, inheritance, etc.),亦不违反相关法律的规定;

(To the best of its knowledge, it has made full and detailed disclosure and explanation of the source and defect of the auction object to the Company, without any concealment or fiction;

(Any breach of the above warranty may result in a claim or action by the actual owner of the subject matter of the auction or any third party claiming to have a right, which may cause the Company and/Or the buyer suffers losses, the client shall bear the relevant legal liabilities, including but not limited to compensation for the Company and/Or all losses suffered by the buyer as a result, and bear all costs and expenses incurred as a result。

(4) After an insured event occurs to the auction object, if there is evidence showing that the auction object does not conform to the description of the client, the amount of compensation to be borne by the Company and the insurer will not exceed the actual market price before the auction object is damaged as determined by the insurer, and the client shall compensate the Company for all losses caused by the discrepancy in the description。

 

第九条 保留价

There is a reserve price for auction objects, except where the Company has indicated or stated that there is no reserve price。The reserve price shall be determined by the Company after consultation with the Principal, or authorized by the Principal to determine the Company。Once the amount of the reserve price is determined by both parties, any change shall be subject to the prior written consent of the other party。Under no circumstances shall the Company be liable for the failure of an auction subject to reach the reserve price in an auction conducted by the Company。

 

第十条 拍卖前本公司之决定权

本公司对下列事宜拥有完全的决定权:

(Description of information such as the name of the auction object under the entrusted auction contract (including the marked amount,传等提示),通过拍卖标的图录及/或新闻媒体及/Or any other carrier to make any content description of any auction object and/或评价;

(是否应征询任何专家意见;

(The order, position, layout size and other arrangements of the illustrations of auction objects in the catalogue, as well as the charging standard;An exhibition of auction objects/展示方式;拍卖标的在展览/The arrangement of the exhibition process and the standard of fees payable;

(Unless otherwise agreed between the Company and the client, the Company has the sole discretion as to whether an auction object is suitable for auction by the Company (i.e. whether it is ultimately auctioned), as well as the auction venue, auction venue, auction date, auction conditions and auction method;

(5) The Company may, in accordance with different auction conditions and auction methods and other circumstances, publish the conditions and procedures for bidders to handle bidding plates before the auction day, including but not limited to formulating the qualifications for bidders to handle bidding plates。

 

第十一条 未上拍拍卖标的

If, for any reason, the Company considers that an auction object is not suitable for auction by the Company after the client has signed the auction contract with the Company and delivered the auction object to the Company, the client shall, from the date of receipt of the notice from the Company三十日内The client shall bear the expenses of packing, handling and other expenses, and the contract of entrusted auction between the Company and the client shall be terminated on the date of receipt of the auction object by the client。If the client fails to retrieve the auction object within the said time limit, the contract of entrusted auction between the Company and the client shall be terminated on the expiration date of the said time limit。If the client fails to retrieve the auction object within seven days after the termination of the entrusted auction contract, the client shall pay the storage fee to the Company daily in accordance with the provisions of Article 2 (15) of these Rules starting from the eighth day after the termination of the entrusted auction contract。If the consignor fails to take back the auction object within 90 days after the termination of the entrusted auction contract, the Company shall have the right to execute in accordance with the provisions of Article 30 of these Rules。

 

第十二条 拍卖中止

The Company reserves the right to suspend the auction of any subject at any time prior to the actual auction if any of the following occurs:

(The Company has objections to the ownership or authenticity of the auction object;

(The third party has objections to the ownership or authenticity of the auction object and can provide the relevant evidence materials recognized by the Company on the basis of the objection, and indicates in writing that it is willing to bear all legal responsibilities for the legal consequences and all losses caused by the suspension of auction activities;

(The Company has objections to the description made by the client or the accuracy of the client's warranty as described in Article 8 of these Rules;

(There is evidence that the client has violated or will violate any provision of these Rules;

(拍卖标的Judicial proceedings involving any authority with judicial coercive power (court, procuratorate, public security, etc.) (including but not limited to investigation, litigation, security, seizure, injunction, seizure, freeze, enforcement, etc.)

(存在任何其他合理原因的。

If the auction is suspended due to the above circumstances, the Company has the right to require the client to pay liquidated damages equivalent to 30% of the reserve price of the auction object (if there is no reserve price, the insurance amount agreed upon by the auction object) to make up for the actual losses and expected profit losses of the Company arising from the suspension of the auction。

 

第十三条 委托人撤回拍卖标的

The client may withdraw his auction object at any time prior to the auction date after giving the Company a written notice explaining the reasons。但撤回拍卖标的时,The client shall pay to the Company a reserve price equivalent to the subject of the auction (without reserve price),Liquidated damages of 30% according to the agreed insurance amount of the auction object,违约金不足弥补本公司损失的,The client shall also compensate the Company for all losses caused by his withdrawal of the auction object。

If the client withdraws the auction object, he shall retrieve the auction object within 30 days after receiving the notice from the Company。If the auction object is not retrieved within the time limit, the client shall pay the storage fee to the Company daily from the day after the expiration of the time limit in accordance with the provisions of Article 2 (15) of these Rules。If the client fails to take back the auction object within 90 days after the expiration of the time limit, the Company shall have the right to perform the operation in accordance with the provisions of Article 30 of these Rules。

Any dispute or claim arising from the client's withdrawal of the auction object shall be borne by the client and shall have nothing to do with the Company。

 

第十四条 自动受保

除委托人另有书面指示外,From the date when the consignor and the Company sign the consignment auction contract and deliver the auction object to the Company,All auction objects will automatically be covered by the company's insurance,The insurance amount shall be subject to the reserve price determined by the Company and the client in the entrusted auction contract (without reserve price),The agreed insurance amount of the auction object shall prevail;Adjusting the auction reserve price,以该拍卖标的调整后的保留价为准)。

This insurance amount is only applicable to the insurance company and claims against the insurance company after the occurrence of the insured event, and is not a guarantee or guarantee by the Company for the value of the auction object, nor does it mean that the auction object can be auctioned by the Company for the same amount as the insurance amount。

 

第十五条 保险费

Unless otherwise agreed by the Principal and the Company, the Principal shall pay the insurance premium to the Company in accordance with the following rules:

(If the auction object is not sold, the payment is equivalent to the reserve price (if there is no reserve price, the insurance amount agreed upon by the auction object;If the auction reserve price is adjusted, the insurance premium shall be 1% of the adjusted reserve price of the auction object;

(Where an auction object is sold, an insurance premium equivalent to one percent of the price of the hammer is paid。

 

第十六条 保险期间

The insurance period shall be counted from the date when the client signs the contract of consignment auction with the Company and delivers the auction object to the Company。

如拍卖标的拍卖成交,The insurance period expires 30 days from the date of sale of the auction or the date on which the buyer receives the auction object purchased (whichever is earlier);If the auction object is not sold at auction or is not auctioned for any reason,The insurance period shall end on the date of collection of the auction objects by the principal or 30 days from the date of receipt of a notice from the Company informing the Principal of collection of the auction objects (whichever is the earlier)。

 

第十七条 委托人安排保险

If the client informs the Company in writing that it does not need to insure its auction objects, the risk shall be borne by the Client and the Client shall assume the following liability at all times (unless otherwise determined by a court or arbitral institution) :

(Indemnify the Company against any claim or lawsuit filed by any other right holder for the damage or loss of the auction object;

(The Company or any right holder shall be liable for all losses and expenses incurred as a result of any damage or loss of the auction object caused by any reason;

(Notify any insurer of the subject of the auction of the indemnity provisions referred to in this article。

 

第十八条 保险免责

以下事项不属于本公司及保险赔偿范围:

(a) due to any repair, restoration, retouching or similar process of work;Due to natural wear, deterioration, inherent or potential defects, inherent defects, changes in the substance itself (natural deformation), spontaneous combustion, self-heating, oxidation, rust, leakage, rat bite, moth, insect bite, insect infestation, mildew, fungus, rot, perspiration, water stains, air(气候或气温)Changes, changes in humidity or temperature, changes in normal water level or other gradual causes;Due to air pollution, land pollution, water pollution and other non-radioactive pollution, earthquake, tsunami;Theft of auction objects in case of fire or explosion;War, war-like acts, hostilities, military action, armed conflict, terrorist activities, rebellion, coup d 'etat, strikes, riots, civil unrest, administrative or judicial acts, nuclear fission, nuclear fusion, nuclear weapons, nuclear materials, nuclear radiation, radioactive contamination;

(2) Damage or loss of the book frame or glass, bag box, bottom cushion, support, mounting, book insert, axle head or similar appendages caused by any reason;

(三)因任何情形引起的各种间接损失。

 

第十九条 保险赔偿

Any event that is covered by the insurance purchased by the Company for the subject matter of the auction shall be dealt with in accordance with the relevant insurance laws of the People's Republic of China。After the Company settles the claim with the insurance company and obtains the insurance compensation, the Company shall pay the compensation to the principal up to the upper limit of the balance of the insurance loss after deducting the Company's expenses (except commission)。

 

第二十条 竞买禁止

The client shall not bid on the articles he has entrusted the Company to auction, nor shall he entrust others to bid on his behalf。In case of any violation of this Article, the Client shall bear the corresponding legal responsibility and compensate the Company for all the losses caused thereby。

 

第二十一条 佣金及各项费用

Unless otherwise agreed by the Principal and the Company, the Principal agrees that the Company shall deduct the commission at 10% of the hammer price and deduct all expenses at the same time, and acknowledges that the Company may collect the commission and expenses at 15% of the hammer price from the Buyer in accordance with Article 46 of these Rules。

 

第二十二条 未成交手续费

If the bid price of an auction object is lower than the number of the reserve price and the sale is not completed, the consignor authorizes the Company to charge the Company a commission of 3% of the reserve price for not selling the auction object, together with other fees。

 

第二十三条 出售收益支付

If the Buyer has paid the entire purchase price to the Company in accordance with Article 47 of these Rules, the Company shall pay the proceeds of the sale to the Client in Renminbi 35 days after the closing date of the auction, and the remittance fee charged by the bank shall be borne by the Client。

 

第二十四条 延迟付款

If the Company has not received the full purchase price from the Buyer by the end of the payment period specified in Article 47 of these Rules, the Company shall pay the proceeds of sale to the Principal within seven business days from the date of actual receipt of the full purchase price from the Buyer (but such time limit shall also be within 35 days from the closing date of the auction)。

 

第二十五条 撤销交易

If the buyer still fails to pay the full purchase price to the Company within 90 days from the date of the auction, the client shall have the right to cancel the transaction after giving a written notice to the Company and obtaining the consent of the Company as of the 91st day。Where the client applies for cancellation of the transaction, it shall return all the money paid by the buyer to the Company。If the client refuses to return the transaction or refuses to return it in full for any reason such as compensation for losses, the Company has the right to reject the client's application for cancellation of the transaction。The Company will give notice to the Buyer of the cancellation of the transaction within seven working days from the date of the decision to agree with the principal to cancel the transaction。If by the time the Principal serves notice of cancellation of the transaction on the Company, the buyer has paid the purchase price in full/If the delivery procedures have been completed, the notice of cancellation of the transaction by the client shall be deemed to be automatically annulled, and the relevant transaction shall continue to be performed in accordance with Article 24 of these Rules and other provisions. The Client shall provide necessary cooperation and shall not raise any objection in this regard。If the client cancels the transaction, the client shall take back the auction object within 30 days from the date of receipt of the notice from the Company, and the client shall bear the expenses of packing and handling。If such period is exceeded, the Client shall pay to the Company a daily storage fee in accordance with the provisions of Article 2 (15) of these Rules from the day after the expiration of such period。If the client fails to take back the auction object within 90 days after the expiration of the time limit, the Company shall have the right to perform the operation in accordance with the provisions of Article 30 of these Rules。

 

第二十六条 代为追索

如买受人未按本规则规定按期足额付款,且委托人要求本公司向买受人追索拖欠款项,则本公司在认为实际可行的情况下,May take appropriate measures (including but not limited to legal settlement) to assist the principal to recover the arrears from the buyer,However, the client shall pay to the Company all reasonable expenses (including but not limited to legal costs, attorney's fees, travel expenses, etc.) that may be incurred as a result of the recourse.。The Company has the right to determine the specific amount of reasonable fees, and after the amount of the actual recovery fees is determined, return the balance of the fees paid by the client or require the client to make up for the recovery fees。

The above agreement does not exclude the right of the principal to recover the arrears of payment from the Buyer in person or by entrusting any third party, nor does it cause the Company to undertake the obligation to recover the arrears of payment from the Buyer on behalf of the Principal under any circumstances。Under no circumstances shall the Company be liable to the Principal for the buyer's failure to pay in full on time。

 

第二十七条 税项

The client shall pay tax on his income in accordance with the provisions of Chinese law。If the income of the client is taxable to the government of the People's Republic of China and the Company is obligated to withhold and pay the taxes payable by the Client in accordance with the relevant laws of the government of the People's Republic of China, the Company will withhold and pay the taxes payable by the Client in accordance with the law, and the Client shall assist in handling all procedures。The Company will deliver the tax voucher to the principal after paying the tax。

 

第二十八条本公司之最终决定权

本公司可视具体情况独立决定下列事项:

(同意购买价款以特殊付款条件支付;

(搬运、储存及投保已出售的拍卖标的;

(Resolve claims made by buyers or claims made by principals in accordance with the relevant provisions of these Rules;

()Settle with the buyer or take other necessary measures to collect the arrears owed by the buyer。

 

第二十九条 拍卖标的未能成交

If the auction object fails to be sold, the client shall take back the auction object within 30 days from the date of receipt of the notice from the Company, and pay the handling fee and other expenses for not selling the auction to the Company. The client shall bear the expenses of packing, handling and other expenses。The entrusted auction contract between the Company and the client shall be terminated on the date on which the client receives the auction object。If the client fails to take the auction object within the said time limit, the contract of entrusted auction between the Company and the client shall be terminated upon the expiration of the said time limit, but these Rules shall remain in effect for the Company and the client。If the client fails to take up the auction object within seven days after the termination of the entrusted auction contract, the client shall pay the storage fee to the Company daily in accordance with the provisions of Article 2 (15) of these Rules starting from the eighth day after the termination of the entrusted auction contract。If the consignor fails to take back the auction object within 90 days after the termination of the entrusted auction contract, the Company shall have the right to execute in accordance with the provisions of Article 30 of these Rules。

 

第三十条 延期取回拍卖标的

The Client shall be solely responsible for all risks and costs arising after the time limit specified in these Rules for his failure to retrieve his auction object。If the auction object is not auctioned, the client withdraws the auction object, the auction object fails to be completed, the client cancels the auction transaction, etc., the client shall take back the auction object in accordance with the provisions of these Rules,委托人却延期未取回的,则本公司有权在本规则规定的期限届满后,Sell the subject matter by public auction or in such manner and on such terms as the Company thinks fit,The disposal proceeds shall be deducted from all losses and expenses incurred by the Company (storage fee, insurance fee, handling fee, notary fee, etc.),若有余款,则余款由委托人自行取回,该余款不计利息。

Regardless of whether the client has delayed taking back the auction object or not, if the client requests the Company to assist in returning the auction object, the risk and expense of returning the auction object shall be borne by the client。

 

第三章 关于竞买人和买受人的规定

 

第三十一条 拍卖标的图录

In the auction activities organized by the Company, in order to facilitate bidders and consignors to participate in the auction activities, the Company will make a record of the auction objects, and the condition of the auction objects in text/或图片进行简要陈述。The text, reference price, pictures and other forms of video products and promotional materials in the auction catalogue are for bidders' reference only, and may be revised before the auction, and do not represent the Company's guarantee of the authenticity, value, color, texture and defect of the auction target。

 

第三十二条 图录之不确定性

Due to technical reasons such as printing or photography, the auction object is in the catalogue and/Or any other form of graphics, video products and publicity materials in the hue, color, level, shape and other errors with the original, the original shall prevail。

The introduction and evaluation of any auction object by oral or written means (including certificates, catalogs, status descriptions, slide projections, news media, Internet media, etc.) made by the Company and its staff or its agents are for reference purposes and do not constitute any guarantee or commitment to the auction object。The Company, its staff or its agents shall not be held responsible for any inaccuracies or omissions in the above presentation and evaluation。

The published descriptions quoted by the Company, its staff or its agents in any description of the auction object are for the reference of the bidder only。The Company does not provide the original or photocopy of the bibliography and other materials, and reserves the right to revise the quoted descriptions。

 

第三十三条 竞买人之审看责任

The Company specifically declares that it cannot guarantee the authenticity, quality and value of the auction object, and does not assume the liability for the defect guarantee of the auction object。竞买人及/Or its agents have the responsibility to understand the actual situation of the auction target and bear legal responsibility for their own bidding for an auction target。

本公司郑重建议,竞买人应在拍卖日前,To examine personally, by authentication or other means, the original of the objects to be bid for,And judge the authenticity, quality and value of the auction object,It should not rely on the Company's auction catalogue, status description and other forms of oral or written representations to make decisions。

 

第三十四条 竞买人登记

竞买人为自然人的,A valid identity card or passport or other valid identity documents recognized by the government of the People's Republic of China and other materials required by the Company should be presented before the auction date,Fill in and sign the registration document;The bidder is a legal person or any other organization,Prior to the auction date, valid registration documents, identity certificates of legal representatives or legal authorization documents and other materials required by the Company shall be presented,填写并签署登记文件,In accordance with the conditions and procedures for handling bidding plates published by the Company,办理并领取竞买号牌。The Company has the right to require the bidder to provide proof of financial position, guarantee, deposit certificate and/Or require bidders to provide other guarantees for the auction objects they intend to bid for。

 

第三十五条 竞买号牌

The Company may, in accordance with different auction conditions and auction methods and other circumstances, publish the conditions and procedures for handling bidding plates before the auction day, including but not limited to formulating the qualifications of bidders for handling bidding plates。

The company solemnly reminds that the bidding plate is the only proof for bidders to participate in the on-site bidding。The bidder shall keep it properly and shall not lend the bidding plate to others for use。Once lost, the loss shall be reported immediately in a written manner approved by the company。

Whether entrusted by the bidder or not, any bidding act carried out by the holder of the bidding plate in the auction shall be regarded as the act of the registrant of the bidding plate, and the registrant of the bidding plate shall bear legal responsibility for the act of the holder of the bidding plateUnless the registrant of the bidding plate has himself reported the loss of the bidding plate in the Company in a written manner approved by the Company, and the auctioneer declares the bidding plate invalid on the spot。

 

第三十六条 竞买保证金

Bidders participating in the Company's auction activities shall pay the bid deposit before receiving the bid plate。The amount of the bidding deposit shall be announced by the Company before the auction date, and the Company has the right to deduct the deposit。若竞买人购得拍卖标的,The deposit is automatically converted into a deposit to pay the purchase price of the auction object;If the bidder fails to purchase the auction object or part of the deposit is converted into a deposit, the deposit remains in balance,And the Company, the Company's parent company, subsidiaries, branches, offices (liaison offices), affiliates, no debt,The Company will remit the remaining margin within 10 working days from the end of the auction,The time when the bidder receives the money is subject to the actual arrival time of the bank。The Company has the right to use the bidding deposit paid by the bidder to settle any money owed by the bidder to the Company, the Company's parent company, subsidiaries, branches, offices (liaison offices), and affiliated companies。When a buyer purchases multiple auction objects at the same time with the same bidding plate, the Company has the right to determine the distribution method after the deposit is converted into a deposit。

 

第三十七条 本公司之选择权

The Company has the right at its discretion to refuse any person to participate in the auction activities organized by the Company or enter the auction site, or to take photos, sound recordings, video and other activities at the auction site。

 

第三十八条 异常情况处理

When the auction site abnormal circumstances affect the normal conduct of auction activities, the Company has the right to make corresponding treatment according to the actual situation, until the suspension of auction activities。In case of any dispute arising at the auction site, the Company has the right to coordinate and resolve it。

 

第三十九条 以当事人身份竞买

Every bidder shall be deemed to be a bidder himself unless a bidder submits to the Company in writing prior to the auction date and is approved in writing by the Company as an agent of a Bidder。

 

第四十条 委托竞投

竞买人应亲自出席拍卖会。If you are unable to attend, you may entrust the company to bid on behalf of you in writing。本公司有权决定是否接受上述委托。A bidder who entrusts the Company to bid shall complete the entrustment procedures within the prescribed time (not later than 24 hours before the auction date), issue a written letter of authorization for entrustment to the Company, and pay the bidding deposit in accordance with the provisions of Article 36 of these Rules。

Bidders should accurately fill in the instant messaging method and tool in the letter of authorization for bidding。During the bidding period entrusted by the Company, the bidding information conveyed by the instant messaging tool (whether or not conveyed by the bidder himself) shall be regarded as the bidder's own behavior, and the bidder shall bear all legal responsibilities。The bidder shall personally use the instant messaging tool, and in case of loss or loss of control of the instant messaging tool, he shall immediately notify the Company in a written manner approved by the Company and change the instant messaging method filled in the letter of authorization for bidding。If a bidder confirms in writing a certain instant communication method or tool, it shall be deemed that the bidder has approved the security, authenticity and objectivity of the communication content of the instant communication method or tool, and shall not raise objections later。

Any bidder who entrusts the Company to bid shall notify the Company in writing no later than 24 hours before the auction day if he wishes to cancel the authorization。Where the bidder entrusts the Company to bid on behalf of the Company, the bidder shall bear the bidding results and relevant legal liabilities。

 

第四十一条 委托竞投之免责

In view of the fact that entrusted bidding is a free service provided by the Company for the bidder to convey bidding information on behalf of the Company, the Company and its staff shall not assume any responsibility for the failure of bidding or negligence, fault or inability to bid on behalf of the Company during the bidding process。

 

第四十二条 委托在先原则

If two or more bidders who have entrusted the Company to bid for the same auction object at the same entrusted price and the final auction object is concluded by the hammer at that price, the person who first delivers the authorized bid to the Company is the buyer of the auction object。

 

第四十三条 拍卖师之决定权

拍卖师对下列事项具有绝对决定权:

(拒绝或接受任何出价;

(In the event of an error or dispute, whether at the time of or after the auction of an auction object, the right to determine the highest bidder, whether to continue the auction, cancel the auction or re-auction the disputed auction object;

(Start bidding on the bidding ladder as it thinks fit and have the right to raise or lower the bidding ladder;

()Where there is no reserve price, the auctioneer shall have the right, at his sole discretion, to set the starting price unless there is already a bid;

(在拍卖现场采取其认为适当的其他行动。

 

Article 44 Image display board and currency exchange display board

For the convenience of bidders, the Company may use image projection or other forms of display board in the auction, the content shown is for reference only。The amount shown in the image projection or other forms of display board, the number of the auction object, the picture of the auction object or the reference foreign exchange amount are subject to error, and the Company does not assume any responsibility for any loss caused by such error。

 

第四十五条 拍卖成交

When the highest bid of the bidder is confirmed by the auctioneer by dropping the hammer or by other means of publicly indicating the purchase, the bidder succeeds in bidding, which indicates that the bidder has no objection to the auction process and promises to be responsible for his bidding behavior, and the bidder becomes the buyer of the auction object。买受人应当签署成交确认书/拍卖笔录,若买受人未能签署成交确认书/The auction record shall not affect the buyer's legal liability。If the buyer fails to perform the payment obligation as a result, the Company shall have the right to claim compensation from the buyer for all losses caused to the Company and shall have the right to pursue legal liability against the buyer in accordance with the provisions of Article 54 of these Rules。

After successful bidding, if the buyer does not personally sign the transaction confirmation/If the auction record is signed by another person (including but not limited to the holder of the bid plate) on the spot, regardless of whether the signatory has provided the Company with the buyer's power of attorney, and regardless of the transaction confirmation/Whether the signature on the auction record is the buyer's own name, it is deemed that the buyer has authorized such person to sign on behalf of the buyer, unless the buyer raises objections at the auction site, otherwise the legal consequences of all acts of the signatory shall be borne by the buyer。

 

第四十六条 佣金及各项费用

After successful bidding, the bidder becomes the buyer of the auction object。The Buyer shall pay the Company a commission equal to fifteen per cent of the hammer price and shall pay the fees and accepts that the Company may charge the commission and fees to the Principal in accordance with the provisions of Article 21 of these Rules。

 

第四十七条 付款要求

After the auction is completed, the buyer shall pay the purchase price and receive the auction object within 30 days from the auction date。If packing and handling charges, transportation insurance charges and other charges are involved, the buyer shall pay them together。The Company reserves the right to refuse payment by any third party other than the buyer。If a buyer purchases multiple auction objects and fails to pay the purchase price in full, and the payment of the purchase price is not specified in writing to pay the purchase price of a particular auction object, the Company shall have the right to determine in its sole discretion how the purchase price shall be distributed。

 

第四十八条 支付币种

所有价款应以本公司指定的货币支付。If the buyer makes payment in a currency other than the currency designated by the Company, it shall be converted at the exchange rate agreed between the Buyer and the Company or at the exchange rate of RMB with that currency published by the People's Bank of China one business day before the date of payment by the buyer。All bank charges, commissions or other related expenses incurred by the Company in converting such foreign currency paid by the Buyer into RMB shall be borne by the Buyer。

 

第四十九条 所有权转移

The buyer acquires the ownership of the auction object after paying the purchase price in full。

 

第五十条 风险转移

After successful bidding, the risk of the auction object shall be borne by the buyer upon the occurrence of any of the following circumstances (whichever is the earlier occurrence date) :

(买受人领取所购拍卖标的;或

(The buyer pays the entire purchase price of the relevant auction object to the Company;or

(拍卖成交日起三十日届满。

 

第五十一条 领取拍卖标的

The buyer shall collect the auction objects purchased at the Company's domicile or at any other place designated by the Company within 30 days from the date of completion of the auction。If the buyer fails to collect the auction object within 30 days from the auction transaction date, the Buyer shall bear the expenses related to the storage, transportation and insurance of the auction object after the time limit, and the buyer shall bear the full responsibility for the auction object purchased by it。Even if the auction object is still in the custody of the Company or other agents, the Company and its staff or its agents shall not be liable for any damage or loss of the auction object caused by any reason。If the Buyer owes any other amount to the Company, the Company's parent company, subsidiaries, branches, offices (liaison offices) or affiliated companies, the buyer shall not receive any auction objects until the buyer has paid the aforesaid amount。

 

第五十二条 包装及搬运

If the staff of the Company shall pack and handle the purchased auction objects on behalf of the Buyer at the request of the Buyer, it shall only be regarded as the Company's assistance to the Buyer, and the Company may decide whether to provide such assistance or not, and any loss arising therefrom shall be borne by the Buyer himself。Under no circumstances shall the Company be liable for any damage to glass or frame, pouch, underlay, bracket, mounting, insert, axle head or similar appendages caused by any reason whatsoever。In addition, the Company shall not be liable for any errors, omissions, damage or loss caused by the packing and shipping companies recommended by the Company to the Buyer。

 

第五十三条 拍卖标的出境和入境

Any auction object may be subject to the export laws of the country where the auction is held and the import laws of other countries. Buyers should seek professional advice before bidding to confirm that the auction object meets the import and export requirements of the law。If the cultural relics are taken out of the country, the buyer shall go through the exit examination procedures of the cultural relics by himself according to law。For auction objects under the supervision of the Customs of the People's Republic of China or in the bonded zone, after the auction is completed, the buyer shall go through the entry formalities on his own in accordance with the relevant provisions of the People's Republic of China and bear the corresponding taxes and fees。Failure to issue any license or relevant documents shall not be used by the buyer as a reason to withdraw the transaction or request delay in payment。

 

第五十四条 未付款之补救方法

The Company has no obligation to investigate the ability of bidders and buyers to pay。If the buyer fails to pay in full and on time in accordance with these Rules, the Company shall have the right to take one or more of the following measures:

(拍卖成交后,If the buyer fails to pay the purchase price within the time specified in these Rules,竞买保证金(定金)不予退还,At the same time, it shall bear corresponding responsibilities in accordance with the provisions of these Rules;Where a buyer purchases multiple auction objects at the same time with the same bidding plate,拍卖成交后,If the buyer fails to pay the purchase price of any auction object within the specified time,应视为买受人已构成实质性违约,则全部竞买保证金(定金)不予退还,同时还应按照本规则规定承担相应责任。The Company may choose to give priority to the above non-refundable bidding deposit (deposit) for compensation of the Company's commission income and expense losses,The remaining portion shall be retained by the Company to compensate the loss of the principal,You can also choose to give priority to the bid deposit (deposit) to compensate the loss of the client;Where multiple clients suffer losses,The Company shall determine the distribution method of the remaining deposit (deposit);

(If the buyer fails to pay the entire purchase price to the Company within 30 days from the auction date, the Company has the right (but not the obligation) to entrust a third party to ask the buyer for all or part of the outstanding purchase price;

(在拍卖成交日起三十日内,如买受人仍未足额支付购买价款,The Company shall be entitled to charge interest at a rate of 3 ‰ per day on the unpaid portion of the buyer from the 31st day after the auction date,直至买受人付清全部款项之日止,Unless otherwise agreed between the buyer and the Company;Unless otherwise agreed by the client and the Company,本公司有权保留该利息;

(Bring a lawsuit against the Buyer for compensation of all losses caused by the Company as a result of the Buyer's breach of contract, including loss of interest caused by the Buyer's late payment or non-payment, reasonable expenses incurred as a result of the lawsuit (including but not limited to legal costs, attorney's fees, travel expenses, etc.) and other related expenses;

()As security of the pledge, the Buyer auctions this or any other subject of the auction at the Company and any other property or right to property in the possession of such Buyer by the Company for any reason。质押期间发生的一切费用及/或风险均由买受人承担。If the buyer fails to fulfill all relevant obligations within the time specified by the Company, the Company has the right to dispose of the pledged property in accordance with the relevant laws and regulations of the People's Republic of China。If the proceeds from disposal of the pledged property are insufficient to cover all the amounts payable by the buyer to the Company, the Company shall have the right to seek recourse separately;

(在拍卖成交日起九十日内,如买受人仍未向本公司付清全部购买价款的,The Company shall have the right, as the case may be, from the ninety-first day after the closing date of the auction to cancel or agree with the Principal to cancel the transaction of the same or any other auction object sold to the same buyer at the same or any other auction,And reserves the right to recover all losses suffered by the Company as a result of the cancellation of that or any other transaction;

(With the consent of the client, the Company may conduct another auction or sell the auction object by other means in accordance with the provisions of these Rules。The original buyer shall, in addition to paying the commission and expenses payable by the buyer and the principal in the first auction, bear all expenses incurred in the re-auction or other means of selling the auction object,If the price obtained from the re-auction or other means of selling the auction object is lower than the original auction price,原买受人应当补足差额;

(Offset any amount owed by the Buyer to the Company, the Company's parent company, subsidiaries, branches, offices (liaison offices) or affiliates in any other transaction against any amount owed by the Buyer to the Company for the acquisition of the subject matter of the auction;Any money paid by the Buyer shall be used to settle any money owed by the Buyer to the Company, the Company's parent company, subsidiaries, branches, offices (liaison offices), affiliates,而不论买受人是否指示用以清偿该笔款项。

 

Article 55 Remedies for delayed collection of auction objects

In the event that a buyer fails to collect the auction objects purchased by him within the time specified in Article 47 of these Rules, the Company shall be entitled to take one or more of the following measures:

(All expenses incurred by storing the auction object in the Company or elsewhere (including but not limited to the storage fee calculated in accordance with the provisions of Article 2 (15) of these Rules from the 31st day of the auction transaction) and/或风险均由买受人承担。Only after the buyer has paid the purchase price in full, can the auction object be received, and the buyer shall bear all expenses such as packing and handling expenses, transportation insurance expenses, etc.

(The Buyer shall be solely responsible for all risks and costs arising after the expiration of the period specified in these Rules when the Buyer fails to collect the relevant auction objects。If the buyer fails to collect the auction object within 90 days from the transaction date,The Company shall have the right to sell the subject matter by public auction or in such manner and on such terms as the Company may think fit,The disposal proceeds shall be deducted from all losses and expenses incurred by the Company as a result (packing and handling expenses, transportation insurance expenses, storage fees, notary fees, etc.),若有余款,则由买受人自行取回,该余款不计利息。

 

第四章 其他

 

第五十六条 国家优先购买权

When the relevant government departments exercise the national priority to purchase the auction target, it shall be implemented in accordance with the national laws and relevant government decisions, and the relevant parties shall accept and give necessary cooperation。

The relevant documents issued to the Company by the administrative department of cultural relics regarding the national preemptive right shall not constitute any guarantee or appraisal opinion on the authenticity, quality and value of the auction objects。

 

第五十七条 保密责任及资料采集

The Company is obliged to keep the confidentiality of the client, bidder and buyer (except as otherwise provided by the laws of the People's Republic of China and these Rules).。In case of breach of contract by the principal or buyer, the Company has the right to disclose the identity information (including but not limited to name) of the other party to the principal or buyer at its own discretion/Name, address, identity information), so that the injured party can obtain damages through legal proceedings or other lawful means;The Company has the right to disclose the identity information of the defaulter or submit it to industry organizations and credit bureaus。

The Company may sound, video and record any auction proceedings and may be required to collect personal data from bidders or third parties about bidders(例如向银行索取信用审核)。Such information will be handled by the Company and kept confidential, such information is only possible根据本规则的目的Provided to the Company, the Company's parent company, subsidiaries, branches, offices (liaison offices), affiliates to assist the Company in providing complete services to bidders, in conducting customer analysis, or in providing services that meet the requirements of bidders。The Company may also need to obtain third-party service providers for the bidder's interests(例如运输公司或仓储公司)提供竞买人的部分个人资料。By participating in the auction of the Company, the Bidder agrees to the foregoing。

 

第五十八条 鉴定权

The Company may appraise auction objects when it deems it necessary。If the appraisal conclusion does not conform to the condition of the auction object stated in the entrusted auction contract, the Company has the right to alter or rescind the entrusted auction contract。

 

第五十九条 著作权

The client irrevocably authorizes the Company to make photos, diagrams, catalogs or other forms of video products and promotional materials for any articles he entrusts the Company to auction. The Company shall enjoy the copyright of the said photos, diagrams, catalogs or other forms of video products and promotional materials in accordance with law and shall have the right to use them in accordance with law。

 

第六十条 拍卖无效之赔偿责任

If the auction transaction is invalid due to the reasons of the relevant parties, the relevant parties shall bear the liability for compensation to make up for all the losses of the company。The standard of compensation shall be based on the benefits available to the Company at the time of the effective auction transaction and the full costs to be paid for the recovery of the loss of such benefits。

 

第六十一条 通知

The bidder and the entrusting party shall inform the Company of their fixed and valid mailing address and contact information in the bid registration document, auction contract or other means approved by the Company, and shall immediately notify the Company in writing of any change。The notice referred to in these Rules and any notice relating to the Company's auction business shall mean a letter, fax, email, instant message,APP客户端推送等形式发出的书面通知。If sent by post, the notice shall be deemed to have been given by the Company once it has been delivered to the postal unit and shall be deemed to have been received by the addressee in accordance with the normal postal procedure。If sent otherwise in writing, the date of sending shall be the date on which the notice is received by the addressee。

 

第六十二条 可分割性

If any provision or part of these Rules is deemed invalid, illegal or unenforceable by the competent authority for any reason, the other provisions or part of these Rules shall remain valid and shall be complied with and enforced by the relevant parties。

 

第六十三条争议解决

Any dispute arising out of or in connection with participation in the auction of the Company in accordance with these Rules shall be brought before the people's court where the Company is domiciled。The law governing the settlement of such disputes shall be the law of the People's Republic of China。

 

第六十四条 语言文本

The Chinese version is the standard text and the English version is the reference text。In the event of any inconsistency between the Chinese version and the English version, the Chinese version shall prevail。

 

第六十五条 规则版权所有

These rules shall be formulated and modified by the Company according to law, and the corresponding copyright shall be owned by the Company。No person may use these Rules for commercial gain in any way or by any means, nor may any part of these Rules be reproduced, transmitted or stored in a searchable system without the prior written permission of the Company。

 

第六十六条 单数词语与复数词语

In the terms of these Rules, singular words also include plural words and vice versa, depending on the context。

 

第六十七条 修改权

The Company has the right to modify these Rules, and the Company has the right to modify these Rules at any time according to the actual situation, and the revised version of the Rules will automatically apply from the date of modification。If there are any amendments to these Rules, the Company will publicize them in a timely manner in accordance with the law in a way that the Company deems appropriate, and the relevant parties should pay their own attention. The Company has the right not to give separate notice。

 

第六十八条 文本适用

Unless otherwise agreed by the Company, the relevant texts of the consignment auction contract referred to in Article 6 of these Rules and the cancellation Notice referred to in Article 25 of these Rules shall be applicable to the texts formulated by the Company。The contents of such relevant texts formulated by the Company and these Rules form an integral whole。

 

第六十九条 施行时间

本规则于2019430日起施行。

 

第七十条 解释权

本公司负责解释本规则。


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