Act 1 总则
Article 1 Rule-making
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。
Article 2 Noun interpretation
In the terms of these Rules, the following terms have the following meanings:
(一)"The Company" means China Art and International Auction Company Limited;
(二)"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;
(三)"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。In this rule,Unless otherwise stated or in accordance with the context of special needs, the principal includes the principal's agent;
(四)"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;
(五)"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;
(六)"Auction objects" means articles owned by the client or which may be disposed of according to law and entrusted to the Company for auction;
(七)"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；
(八)"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;
(九)"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;
(十)"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。
Article 3 Scope of application
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.。
Article 4 Special Note
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。
At an auction held by our company，The highest bid of the bidder is confirmed by the auctioneer's hammer or by any other public indication of purchase，It means that the bidder becomes the buyer of the auction object，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，In this case, the national cultural relics collection unit is the buyer。
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。
Article 5 Warranty for defects
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。All auction objects are sold in the condition in which they were auctioned。
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。
Chapter II Provisions on the client
Article 6 Entrustment procedure
When a client entrusts the Company to auction his articles，If a natural person，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，And sign the auction contract with the company。
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。
Article 7 Agent of the principal
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。
Article 8 Warranty of the client
The client irrevocably warrants to the Company and the Buyer the following in respect of the auction objects entrusted to the Company for auction:
(一) 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.)，Nor does it violate the provisions of relevant laws;
(二) 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;
(三) 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。
Article 9 Reserve price
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。
Article 10 The decision of the Company before auction
The Company has full discretion in the following matters:
(一) Description of information such as the name of the auction object under the entrusted auction contract (including the marked amount,Pass such prompts), through the auction catalogue and/Or the news media and/Or any other carrier to make any content description of any auction object and/Or evaluate;
(二) Whether any expert advice should be sought;
(三) 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/Display mode;The auction object is on display/The arrangement of the exhibition process and the standard of fees payable;
(四) 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。
Article 11 Failure to put up for auction
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 CompanyWithin thirty daysThe 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。
Article 12 Suspension of auction
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:
(一) The Company has objections to the ownership or authenticity of the auction object;
(二) 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;
(三) 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;
(四) There is evidence that the client has violated or will violate any provision of these Rules;
(五) Auction objectJudicial 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.)；
(六) There is any other reasonable cause。
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。
Article 13 The client withdraws the auction object
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。But when the auction was withdrawn，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，The liquidated damages are insufficient to cover the losses of the Company，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。
Article 14 Automatically insured
Unless otherwise instructed in writing by the client，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，Subject to the adjusted reserve price of the auction subject)。
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。
Article 15 Insurance Premium
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:
(一) 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;
(二) Where an auction object is sold, an insurance premium equivalent to one percent of the price of the hammer is paid。
Article 16 Insurance Period
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。
As the auction object is sold at auction，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)。
Article 17 The client arranges insurance
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) :
(一) Indemnify the Company against any claim or lawsuit filed by any other right holder for the damage or loss of the auction object;
(二) 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;
(三) Notify any insurer of the subject of the auction of the indemnity provisions referred to in this article。
Article 18 Insurance exemption
The following matters are not covered by the Company and the insurance:
(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(Climate or temperature)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;
(3) All kinds of indirect losses caused by any circumstances。
Article 19 Insurance Indemnity
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)。
Article 20 Bidding is prohibited
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。
Article 21 Commission and fees
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。
Article 22 Handling fee for uncompleted transactions
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。
Article 23 Payment of proceeds from sales
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。
Article 24 Delay in payment
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)。
Article 25 Cancellation of a transaction
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。
Article 26 Recourse
If the buyer fails to pay in full and on time as required by these Rules，And the client requires the company to recover the arrears from the buyer，If the Company considers it practicable，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。
Article 27 Taxes
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。
Article 28 The decision of the Company is final
The Company may independently decide the following matters:
(一) Agree to pay the purchase price on special payment terms;
(二) Handling, storing and insuring sold auction objects;
(三) Resolve claims made by buyers or claims made by principals in accordance with the relevant provisions of these Rules;
(四)Settle with the buyer or take other necessary measures to collect the arrears owed by the buyer。
Article 29 Failure to conclude a transaction on an auction object
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。
Article 30 Delay in taking back auction objects
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，Where the client has delayed getting it back，The Company shall have the right after the expiration of the period specified in these Rules，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.)，If there is a balance，The balance shall be recovered by the client，The balance is free of interest。
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。
Chapter III provisions on bidders and buyers
Article 31 Record of auction objects
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/Or picture for a brief statement。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。
Article 32 Uncertainty of the catalogue
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。
Article 33 The responsibility of the bidder to examine
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。Bidders and/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。
The company solemnly recommends，Bidders should be available before the auction date，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。
Article 34 Registration of bidders
Where the bidder is a natural person，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，Fill out and sign the registration document，In accordance with the conditions and procedures for handling bidding plates published by the Company，Apply for and receive the bid plate。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。
Article 35 Bid for number plates
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。
Article 36 Bid for deposit
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。If a bidder buys an auction object，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。
Article 37 The Company's option
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。
Article 38 Handling of abnormal situations
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。
Article 39 Bid as a party
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。
Article 40 Entrusted bidding
Bidders should attend the auction in person。If you are unable to attend, you may entrust the company to bid on behalf of you in writing。The Company has the right to decide whether to accept the above mandates。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。
Article 41 Exemption from liability for entrusted bidding
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。
Article 42 Principle of trust first
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。
Article 43 Decision of the auctioneer
The auctioneer has absolute discretion in the following matters:
(一) Reject or accept any offer;
(二) 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;
(三) Start bidding on the bidding ladder as it thinks fit and have the right to raise or lower the bidding ladder;
(四)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;
(五) Take such other action at the auction site as it deems appropriate。
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。
Article 45 The auction is concluded
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。The buyer shall sign the transaction confirmation/Auction record, if the buyer fails to sign the sale confirmation/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。
Article 46 Commission and fees
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。
Article 47 Requirements for payment
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。
Article 48 Currency of payment
All payments shall be made in the currency specified by the Company。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。
Article 49 Transfer of ownership
The buyer acquires the ownership of the auction object after paying the purchase price in full。
Article 50 Risk transfer
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) :
(一) The buyer receives the auction object purchased;or
(二) The buyer pays the entire purchase price of the relevant auction object to the Company;or
(三) The auction expires 30 days from the date of sale。
Article 51 Receive auction objects
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。
Article 52 Packing and handling
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。
Article 53 Exit and entry of auction objects
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。
Article 54 Remedies for non-payment
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:
(一) After auction，If the buyer fails to pay the purchase price within the time specified in these Rules，Bidding deposit (deposit) is non-refundable，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，After auction，If the buyer fails to pay the purchase price of any auction object within the specified time，The buyer shall be deemed to have committed a material breach，All bid deposit (deposit) is not refundable，At the same time, it shall bear corresponding responsibilities in accordance with the provisions of these Rules。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);
(二) 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;
(三) Within 30 days from the auction date，If the buyer has not paid the purchase price in full，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，Until the date of full payment by the buyer，Unless otherwise agreed between the buyer and the Company;Unless otherwise agreed by the client and the Company，The Company is entitled to retain the interest;
(四) 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;
(五)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。All expenses incurred during the pledge period and/Or at the buyer's risk。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;
(六) Within 90 days from the date of sale，If the buyer has not paid off the purchase price to the Company in full，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;
(七) 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，The original buyer shall make up the difference;
(八) 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，And whether or not the buyer directs that the sum be satisfied。
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:
(一) 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/Or at the buyer's risk。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.
(二) 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.)，If there is a balance，The buyer will take it back，The balance is free of interest。
Chapter IV Others
Article 56 State preemption right
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。
Article 57 Confidentiality obligations and data collection
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(For example, ask your bank for a credit check)。Such information will be handled by the Company and kept confidential, such information is only possibleFor the purposes of these rulesProvided 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(For example, a transportation company or a storage company)Provide part of the bidder's personal data。By participating in the auction of the Company, the Bidder agrees to the foregoing。
Article 58 Right of appraisal
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。
Article 59 Copyright
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。
Article 60 Liability for invalid auction
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。
Article 61 Notice
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,APPWritten notification in the form of client push, etc。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。
Article 62 Divisibility
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。
Article 63 Dispute settlement
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。
Article 64 Language text
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。
Article 65 All rights reserved
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。
Article 66 Singular and plural words
In the terms of these Rules, singular words also include plural words and vice versa, depending on the context。
Article 67 Right of amendment
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。
Article 68 The text shall be applicable
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。
Article 69 Time of execution
This rule is in2019年4月30With immediate effect。
Article 70 Right of interpretation
The Company is responsible for the interpretation of these Rules。
