Henan Art and culture art Development Group Co., LTD


Current position

Auction rules

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

本规则各条款内,下列词语具有以下含义:

()“本公司”指中国线上电子游戏官网国际拍卖有限公司;

()“本公司住所地”指中华人民共和国北京市东城区王府井大街1号线上电子游戏官网艺术中心办公区三层以及日后可能变更之工商注册地址;

()“委托人”指委托本公司拍卖本规则规定范围内Auction object的自然人、法人或者其他组织。In this rule,除非另有说明或根据文义特殊需要,委托人均包括委托人的代理人;

()"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。法律对Auction object的买卖条件或对竞买人的资格有规定的,竞买人应当具备规定的条件或资格。In this rule,除非另有说明或根据文义特殊需要,竞买人均包括竞买人的代理人;

()“买受人”指At an auction held by our company以最高应价购得Auction object的竞买人。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 object”指委托人所有或者依法可以处分的委托本公司进行拍卖的物品;

()“拍卖日”指在某次拍卖活动中,本公司公布的正式开始进行拍卖交易之日。若公布的开始日期与开始拍卖活动实际日期不一致,则以拍卖活动实际开始之日为准

()"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;

()“落槌价”指拍卖师落槌决定或以其他公开表示买定的方式确认将Auction object售予买受人的价格;

()"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)“参考价”指在Auction object图录或其他介绍说明文字之后标明的Auction object估计售价。参考价在拍卖日前较早时间估定,并非确定之售价,不具有法律约束力;

(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

根据中华人民共和国法律,本公司具有合法的拍卖经营主体资格。本公司在中华人民共和国法律和政策允许的范围内,组织和开展拍卖活动。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。如因未仔细阅读本规则而引发的任何损失或责任均由行为人自行承担。因天气或其他原因,本公司有权自行决定将拍卖延期或取消,无需向竞买人作出任何赔偿。

At an auction held by our company,竞买人的最高应价经拍卖师落槌或者以其他公开表示买定的方式确认时,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。任何一方不履行义务的,均应承担相应的法律责任。

 

Article 5 Warranty for defects

本公司特别声明不能保证Auction object的真伪、品质及价值,对Auction object不承担瑕疵担保责任。All auction objects are sold in the condition in which they were auctioned。

竞买人应亲自审看Auction object原物,对自己竞买Auction object的行为承担法律责任。任何竞买人在本公司组织的拍卖活动中参加竞买的行为,应被视为该竞买人对其竞买的Auction object的真伪、品质及价值等情况已经进行全面的检验和评估,且对该Auction object的真伪、品质及价值等现状感到满意,对Auction object瑕疵(如有)已有充分了解并愿意接受。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,应持有效身份证或护照或中华人民共和国政府认可的其他有效身份证件,And sign the auction contract with the company;若为法人或者其他组织的,应持有效注册登记文件、法定代表人身份证明或者合法的授权委托证明文件,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。

本公司有权对上述委托事项以本公司认为合理的方式进行核查。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

委托人就其委托本公司拍卖的Auction object不可撤销地向本公司及买受人保证如下:

(其对该Auction object拥有完整的所有权或享有处分权,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;

(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/或买受人蒙受损失时,则委托人应承担相关法律责任,包括但不限于赔偿本公司及/或买受人因此所遭受的一切损失,并承担因此而发生的一切费用和支出。

(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

除本公司标明或说明无保留价者外,Auction object均设有保留价。保留价由本公司与委托人协商后确定,或由委托人授权本公司确定。保留价数目一经双方确定,其更改须事先征得对方书面同意。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:

(重新拟定委托拍卖合同项下Auction object名称等信息说明(包括标注款、Pass such prompts), through the auction catalogue and/Or the news media and/或其他载体对任何Auction object作任何内容说明及/Or evaluate;

(Whether any expert advice should be sought;

(Auction object在图录中插图的先后次序、位置、版面大小等安排以及收费标准;Auction object的展览/Display mode;The auction object is on display/展示过程中的各项安排及所应支付费用的标准;

(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

如出现下列情况之一,则本公司有权在实际拍卖前的任何时间决定中止任何Auction object的拍卖活动:

(本公司对Auction object的权属或真实性持有异议的;

(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;

(本公司对委托人所作的说明或对本规则第八条所述委托人保证的准确性持有异议的;

(有证据表明委托人已经违反或将要违反本规则的任何条款的;

(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.)

(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

委托人在拍卖日前任何时间,向本公司发出书面通知说明理由后,可撤回其Auction object。But when the auction was withdrawn,委托人应向本公司支付相当于该Auction object保留价(无保留价的,按Auction object约定的保险金额)百分之三十的违约金,The liquidated damages are insufficient to cover the losses of the Company,委托人还应赔偿因其撤回Auction object的行为给本公司造成的全部损失。

委托人撤回Auction object的,应在收到本公司领取通知之日起Within thirty days取回该Auction object。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。

因委托人撤回Auction object而引起的任何争议或索赔均由委托人自行承担,与本公司无关。

 

Article 14 Automatically insured

Unless otherwise instructed in writing by the client,在委托人与本公司签署委托拍卖合同且将Auction object交付本公司之时起,所有Auction object将自动受保于本公司投保的保险,保险金额以本公司与委托人在委托拍卖合同中确定的保留价为准(无保留价的,以Auction object约定的保险金额为准;调整拍卖保留价的,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

除委托人与本公司另有约定外,委托人应按如下规则向本公司支付保险费:

(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;

(Auction object成交的,支付相当于落槌价百分之一的保险费。

 

Article 16 Insurance Period

委托人与本公司签署委托拍卖合同且将Auction object交付本公司之时起,保险期间开始计算。

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) :

(对其他任何权利人就Auction object的毁损、灭失向本公司提出的索赔或诉讼做出赔偿;

(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;

(将本条所述的赔偿规定通知该Auction object的任何承保人。

 

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

凡发生本公司为Auction object所购保险承保范围内的事件,应根据中华人民共和国有关保险的法律处理。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

委托人不得竞买自己委托本公司拍卖的物品,也不得委托他人代为竞买。若违反本条规定,委托人应自行承担相应之法律责任,并赔偿因此给本公司造成的全部损失。

 

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。委托人申请撤销交易的,应当将已收取的买受人支付的款项全部退回本公司。委托人以赔偿损失等任何理由拒不退回或拒不全额退回的,本公司有权拒绝委托人撤销交易的申请。本公司将在做出同意委托人撤销交易的决定之日起七个工作日内向买受人发出撤销交易的通知。如委托人将撤销交易的通知送达本公司之时,买受人已经付清全部购买价款和/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,且委托人要求本公司向买受人追索拖欠款项,If the Company considers it practicable,可以采取适当措施(包括但不限于通过法律途径解决)协助委托人向买受人追索拖欠款项,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。本公司在任何情况下不应因买受人未能按期足额付款而向委托人承担相应责任。

 

Article 27 Taxes

委托人应就其所得按照中国法律之规定自行履行纳税义务。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。本公司将在缴纳税费后将纳税凭证交付给委托人。

 

Article 28 The decision of the Company is final

The Company may independently decide the following matters:

(Agree to pay the purchase price on special payment terms;

(Handling, storing and insuring sold auction objects;

(根据本规则有关条款,解决买受人提出的索赔或委托人提出的索赔;

()与买受人和解或采取其他必要措施收取买受人拖欠的款项。

 

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。本公司与委托人之间的委托拍卖合同自委托人领取该Auction object之日解除。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,以公开拍卖或其他本公司认为合适的方式及条件出售该Auction object,处置所得在扣除本公司因此产生之全部损失、费用(保管费、保险费、搬运费、公证费等)后,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

因印刷或摄影等技术原因造成Auction object在图录及/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。本公司及其工作人员或其代理人毋需对上述之介绍及评价中的不准确或遗漏之处负责。

本公司及其工作人员或其代理人对Auction object任何说明中引述之出版著录仅供竞买人参考。本公司不提供著录书刊等资料之原件或复印件,并保留修订引述说明的权利。

 

Article 33 The responsibility of the bidder to examine

本公司特别声明,不能保证Auction object的真伪、品质及价值,对Auction object不承担瑕疵担保责任。Bidders and/或其代理人有责任自行了解有关Auction object的实际状况并对自己竞买某Auction object的行为承担法律责任。

The company solemnly recommends,Bidders should be available before the auction date,以鉴定或其他方式亲自审看拟竞买Auction object之原物,并自行判断该Auction object的真伪、品质及价值等情况,而不应依赖本公司Auction object图录、状态说明以及其他形式的口头或书面之表述做出决定。

 

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 out and sign the registration document;竞买人为法人或者其他组织的,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,根据本公司公布的办理竞买号牌的条件和程序,Apply for and receive the bid plate。本公司有权要求竞买人提供财务状况证明、担保、存款证明及/或要求竞买人为其有意竞买的Auction object提供其他担保。

 

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。

本公司郑重提示,竞买号牌是竞买人参加现场竞价的唯一凭证。竞买人应妥善保管,不得将竞买号牌出借他人使用。一旦丢失,应立即以本公司认可的书面方式办理挂失手续。

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

竞买人参加本公司拍卖活动,应在领取竞买号牌前交纳竞买保证金。竞买保证金的数额由本公司在拍卖日前公布,本公司有权减免收取保证金。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,且对本公司、本公司的母公司、子公司、分公司、办事处(联络处)、关联公司无任何欠款,则本公司将于拍卖会结束之日起十个工作日内办理保证金余款汇付手续,竞买人收到款项的时间以银行实际到账时间为准。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。如拍卖现场出现任何争议,本公司有权予以协调解决。

 

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。如不能出席,可采用书面形式委托本公司代为竞投。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。

竞买人应在委托竞投授权书中准确填写即时通讯方式及工具。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。

委托本公司竞投之竞买人如需取消委托授权,应不迟于拍卖日前二十四小时书面通知本公司。竞买人委托本公司代为竞投的,竞买结果及相关法律责任由竞买人承担。

 

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:

(Reject or accept any offer;

(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;

(按照其认为合适的竞价阶梯开始进行竞投,有权提高或降低竞价阶梯;

()就不设保留价的Auction object,除非已有竞投,否则拍卖师有权自行酌情决定起拍价;

(Take such other action at the auction site as it deems appropriate。

 

Article 44 Image display board and currency exchange display board

本公司为方便竞买人,可能于拍卖中使用影像投射或其他形式的显示板,所示内容仅供参考。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/拍卖笔录,不影响买受人应承担之法律责任。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。

竞买成功后,如果买受人未亲自签署成交确认书/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

竞买人竞买成功后,即成为该Auction object的买受人。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 auction,买受人应自拍卖成交日起Within thirty days向本公司付清购买价款并领取Auction object。若涉及包装及搬运费用、运输保险费用等各项费用,买受人需一并支付。本公司保留拒收除买受人以外其他任何第三方付款的权利。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

买受人全额支付购买价款后,即获得Auction object的所有权。

 

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) :

(The buyer receives the auction object purchased;or

(买受人向本公司支付有关Auction object的全部购买价款;或

(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。如将文物携运出境,买受人须依法自行办理文物出境审核手续。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。买受人不得以未获发任何许可证或相关文件作为撤销交易或要求延迟付款的理由。

 

Article 54 Remedies for non-payment

本公司没有调查竞买人、买受人付款能力的义务。若买受人未按照本规则规定按期足额付款,本公司有权采取以下之一种或多种措施:

(After auction,若买受人未按照本规则规定时间缴付购买价款,Bidding deposit (deposit) is non-refundable,At the same time, it shall bear corresponding responsibilities in accordance with the provisions of these Rules;买受人以同一竞买号牌同时购得多件Auction object的,After auction,若买受人未按照规定时间支付任一Auction object购买价款,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,剩余部分留存本公司处用于对委托人的损失进行赔偿,也可以选择将竞买保证金(定金)优先用于赔偿委托人的损失;有多个委托人受到损失的,由本公司决定剩余保证金(定金)的分配方式;

(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;

(Within 30 days from the auction date,If the buyer has not paid the purchase price in full,本公司则有权自拍卖成交日后第三十一日起就买受人未付款部分按照日息万分之三收取利息,Until the date of full payment by the buyer,买受人与本公司另有协议者除外;除委托人与本公司另有约定外,The Company is entitled to retain the interest;

(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。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。处分质押财产所得不足抵偿买受人应付本公司全部款项的,本公司有权另行追索;

(Within 90 days from the date of sale,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,并保留追索因撤销该笔或任何其他交易致使本公司所蒙受全部损失的权利;

(经征得委托人同意,本公司可按照本规则规定再行拍卖或以其他方式出售该Auction object。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,若再行拍卖或以其他方式出售该Auction object所得的价款低于原拍卖价款的,The original buyer shall make up the difference;

(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:

(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.

(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。如买受人自成交日起的九十日内仍未领取Auction object的,则本公司有权以公开拍卖或其他本公司认为合适的方式及条件出售该Auction object,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)。这些资料会由本公司处理并且保密,有关资料仅有可能For 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。为了竞买人的权益,本公司亦可能需要向第三方服务供应商(For example, a transportation company or a storage company)Provide part of the bidder's personal data。竞买人参加本公司的拍卖,即表示竞买人同意上文所述。

 

Article 58 Right of appraisal

本公司认为需要时,可以对Auction object进行鉴定。鉴定结论与委托拍卖合同载明的Auction object的状况不符的,本公司有权变更或者解除委托拍卖合同。

 

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

因相关人原因导致拍卖交易无效的,则相关人应承担赔偿责任,以弥补本公司的全部损失。赔偿标准以该拍卖交易有效时本公司可得利益及为追索该利益损失而支付的全部费用为准。

 

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。如以其他书面方式发出,则发送当日为收件人收到该通知日期。

 

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。解决该等争议的准据法应为中华人民共和国法律。

 

Article 64 Language text

本规则以中文为标准文本,英文文本为参考文本。中文文本如与英文文本有任何不一致之处,以中文文本为准。

 

Article 65 All rights reserved

本规则由本公司依法制订和修改,相应版权归本公司所有。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

在本规则条款中,根据上下文义,单数词语亦包括复数词语,反之亦然。

 

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。本公司制定的该等相关文本的内容与本规则共同构成一个不可分割之组成整体。

 

Article 69 Time of execution

This rule is in2019430With immediate effect。

 

Article 70 Right of interpretation

The Company is responsible for the interpretation of these Rules。


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Henan Art and culture art Development Group Co., LTD  

Address: Henan Province郑州市郑东新区天下收藏北区北门负一层Arts and galleries   Contact number:400—829—9007

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