火藥 畫布 二〇一九年作 款識
蔡 Cai 2019 （右下）
出版
2021年，《遠行與歸來》，故宮出版社，北京，第122至123頁 展覽
2020年12月15日至2021年2月28日，「蔡國強：遠行與歸來」，故宮博物院，北京
2021年7月8日至2022年3月7日，「蔡國強：遠行與歸來」，上海浦東美術館，上海
來源
亞洲重要私人收藏
攬彼造化力，持為我神通！
蔡國強致敬塞尚、再造火藥乾坤之撼世鉅作面世
「火藥的真正本性對應的是人類從進化開始以來所擁有的力量和精神，也反映著宇宙本身的特徵。來自這種精神契合的靈感進行的創作，使火藥不再單純是一種創作手段。無論是在時間上還是在空間上，火藥爆炸的運動都產生了混亂，宇宙向我們逼近，永恆就誕生了。在短暫的混亂之後，作品從我們的視域中消失了，它以光速朝向宇宙空間飛去，去與另一個觀眾見面。生命和藝術要超越它們的限制，並無限地開拓自己。」
──蔡國強
1999年，憑藉《威尼斯收租院》大型裝置一舉奪得「威尼斯雙年展金獅獎」，成為中國藝術家中的第一人，到2008年在紐約古根漢美術館舉辦個人回顧展，打破該館有史以來最多觀展人次記錄，同年的北京奧運開幕式，他以煙花大腳印跨越京城中軸線，燃亮了無限的希望和激情。在2012年，他獲得被譽為藝術界諾貝爾獎的日本皇室「世界文化獎之繪畫類終身成就獎」，已名震東西的他，在三年後刻意回到故鄉泉州高空升起火光直達天廳、乘載著人類夢想、長達500公尺的《天梯》，步入 2021年，他選擇在北京故宮博物院、上海浦東美術館舉辦「遠行與歸來」大展，發表首部VR 作品《夢遊紫禁城》並完整回顧其迄今重要創作。三十多年來，蔡國強不斷挑戰作為藝術家的極限，屢屢跳脫框架帶給觀者驚喜和震撼。迄今他曾在寰宇24個國家舉足輕重的美術館舉辦74次個展，作品更為80家海內外藝術機構收藏。這位29歲便離開故鄉、先後奔赴日本與美國追逐藝術夢想、敢為人先的火藥藝術家，以最具爆炸性的方式一步步邁向世界舞台的中心，成為享譽世界的當代藝術家！他以火藥所象徵的東方文明力量，融合其所生發出若宇宙大爆炸般的巨能，一路上挑戰觀者的想像極限，構建全新的美學，以火藥炸出一條跨越東西、獨樹一幟的藝術之路。
首現拍場，曠世卓絕：
珍稀博物館級彩色火藥雙聯鉅作《結構》
雖然蔡國強長年以火藥的破壞性，及不完全可控性打破傳統創作媒材與創作者慣性的侷限，然而他將東西藝術的傳統視作重要的靈感來源和養分，他深探其中，手執靈光而來。在2017年，他開啟其近年在創作脈絡上重要的藝術項目——「一個人的西方藝術史之旅」——藉由在世界六間重量級美術館舉行個展，與館藏的西方藝術名作進行創作對話：如在弗洛倫斯烏菲齊美術館，以火藥重新詮釋文藝復興時期大師筆下的花草、在莫斯科普希金博物館探討革命精神……蔡國強帶著創作的初心，海納百川地潛心以東方精神吸收與凝視西方大師之作，一路從古希臘羅馬、文藝復興、巴洛克、社會寫實主義，走到現代主義的開端。而在現代主義中，他選擇對話的是有「現代藝術之父」之稱的塞尚（Paul Cezanne）及如其創作符號「聖維克多山」。蔡國強認為塞尚筆下的山所表現的是「物體的本質」，與一種「超越時空的宇宙觀」，塞尚帶來一種新的觀看與表現方式，啟發無數後進，並賦予了一種創作上終極的自由。蔡國強曾以「致敬塞尚」為題，創作了三件珍稀的火藥畫布作品，分別是:《有松樹的聖維克多山》、已被納入嘉德藝術中心收藏的《路上》，以及是次上拍的博物館級宏篇——《結構》。
有別於前兩者主以近景描寫松樹，《結構》是唯一展現聖山全貌，且唯一使用彩色火藥之作。其以最寬廣的視野、最崇敬之心和最瑰麗豐富的色彩，展現偉岸雄闊的山勢，突顯其重要意義與代表性。
綜觀蔡國強畢生的火藥繪畫，多以黑、白、棕為主色，除卻此三色外之彩色者，相當罕見，顯其珍稀性，在過去逾三十年間拍賣市場僅曾出現三件，一為2021年由嘉德香港以935萬港元拍出的《太古神話：夸父追日》，二為蔡國強於2020年捐贈上拍的《牡丹與大麗花之二》，三則為《結構》，而《結構》更以240 x 300公分宏偉的尺幅，成為蔡國強迄今流通市場之最大尺寸彩色火藥畫，可謂至臻至罕！作品曾於2020至2021年先後於北京故宮博物院、上海浦東美術館舉行的「蔡國強：遠行與歸來」大展中亮相，來源有序，現今首度釋出，貴為難得！
心願圓滿，三十年的篇章迴響：「西方藝術史之旅」系列里程碑終極之作
除此之外，《結構》一作更承載著蔡國強三十年創作的重要里程碑，代表他在火藥畫創作之初對塞尚的聖山、對現代主義藝術本源的探詢，和攝人心目的終章迴響。回顧蔡國強納入聖維克多山形象的創作起點，可追溯至1989年，彼時旅居日本的他對物理學家霍金（Stephen Hawking）著作《時間簡史》中的宇宙源起、大爆炸與黑洞理論產生強烈興趣，構思出《為外星人作的計劃》系列，試圖為想像中的外太空觀眾創作，開啟他探索西方藝術史的第一件作品——《升龍：為外星人作的計劃第二號》，計劃於普羅旺斯的聖維克多山上進行爆破，以一道「閃電」的火藥路線，由山腳直衝山巔。彼時蔡國強首次前往聖維克多山實地考察。此為其首次由亞洲踏入西土，然而此計畫最終因為一場森林大火而未能實現，僅留下帶有山景的火藥草圖，卻自此種下與塞尚對話的念想和願望。
而在三十年後的2019年，蔡國強舊地重遊，行走在塞尚畢生反覆描繪的聖維克多山上，途經山腳下的採石場和農舍翻山越嶺至山巔，凝視塞尚曾反覆思量之景。蔡國強回憶道:「山脊難爬，前方是山頂的十字架，身邊是懸崖峭壁，喘息之間，一時難辨這裡到底是塞尚的故鄉還是西方繪畫的象徵。這樣的有氧運動是在養浩然之氣。要養好自己的『氣』，就要找一些高峰，令自己去攀爬。」藉由《結構》一作，蔡國強終於為這段西方藝術史之旅畫上圓滿的句號，他以帶著仰視的角度構畫出壯麗的山勢，此山如同塞尚在蔡國強心中的崇高地位，將之化為永恆，作品不僅見證了蔡國強多年試煉彩色火藥繪畫的高度美學成就，更凝縮了他回望藝術史、開拓當代藝術、穿越時空的古今思考，作品可被視為其對話塞尚現代主義的終極之作，意義非凡！
高山仰止，烈焰光影：二元美學碰撞的激昂華章
一直以來，蔡國強的火藥畫作品，總將偶發與不穩定、規劃和結構性這兩種矛盾的對立面，極為巧妙地融合其中，一方面，他需嚴謹地控制火藥的走向和使用的份量，在有限的畫面塑造出所期望的線條律動，另一方面，他以一種自發性的創作方式，如同波洛克（Jackson Pollock）的行動繪畫般，自由地拋撒火藥，誘發多重軌跡，將爆破中的不可預期、情緒意識的流動隱含在創作過程中。而《結構》正完美地呈現了這種精妙的兩面性。
由致敬塞尚晚年最標誌性的《聖維克多山》的構思出發，蔡國強的《結構》一作高度還原了塞尚由後印象派走向立體主義的開拓性藝術表達。在作品底部，鏗鏘有勁的線條，鋪展出「之字形」的山勢走向，巍然而現聖山的堂堂風貌。蔡國強承襲了父親蔡瑞欽在書畫方面的造詣，以狀若皴法的鏗鏘線條，構建出嶙峋嵯峨、逶迤跌宕的高山勝景，由西方客體照見了東方山水畫的精神與奧義。其後，他以陰刻的方式造了一層紙模，鋪於畫布之上，用以控制火藥炸裂的空間，並有意識地為背景留白，其後沿著畫布上的山形線條撒上各色的火藥，在精細控制用量的同時，亦呈現一種自然而發的形態。火藥在點燃的瞬間形成巨大的衝擊動能，追隨著山石的走向，如同登山者般自右下角逡巡而上，以放射狀的形態鋪蓋其中，丈量著聖維克多山的每一寸土地，更展現出一種不可預測性的曼妙和孕生的強大張力。火藥的色彩，模擬著塞尚畫中那藍、黃、綠三色交織而成的光影，生動地展現出光影流動的痕跡和對比色彩的奏鳴。於是，火藥的烈焰與華彩、爆裂破壞與細心建構、火藥的輕柔色粉與富含量感的山石造型，這些看似矛盾的對立體完滿地在其中融合為一，在自然的過渡和衝撞間，於畫布上輝煌而現那充滿戲劇張力、攝人心神的畫境。
亙古長存的悸動，飛騰的巨龍：交會的東西美學精粹
「作為畫家，我們的使命就是用大自然所有變幻的元素和外觀傳達出它那份亙古長存的悸動。」
——塞尚
作為蔡國強最為崇敬的藝術家之一，塞尚對他的影響至深，蔡國強曾指出:「美術史走到塞尚的時候，他看顏色、造型、主題都是純粹的，而這份純粹最為可貴的是藝術家的精神與態度。塞尚的純粹是以不變應萬變。塞尚畫聖維克多山或畫蘋果，畫單一事物，但作品便是無限世界。」對塞尚而言，聖維克多山貫穿了他的一生，那裡既是他的家鄉，也是他自80年代起至1906年逝世前筆耕不輟的母題。而於蔡國強，他嚮往塞尚的純粹與堅持，並在其中看到了一種創作上的自由「我要的純粹是自由自在的變化！」
在《結構》中，蔡國強精準把握了塞尚「建築式圖畫」的立體多維觀看物象的方式，以強烈的結構性線條來塑造山石的輪廓，這種如塞尚一般「注重本質而不受流動光影干擾」的表現方式，使作品在經火藥色彩的疊加後，依然清晰得見重重的山勢稜線，蔡國強以青綠與黃褐火藥，由下方依循山石的脈絡，向上作出結構性的鋪展，當中黃色火藥以左中端的爆破點作為基石，一路連綿至右聯下方，形成色彩的躍動，從而開闢一條上引的山路。在此，一道道的線條伴隨火藥的炸裂而生，蔡國強彷彿將大地脈動的心音化為現實，它們在畫布上呈閃電狀由左至右，再向左上聚攏，後一舉攀升至畫心之巔，如一條巨龍由人間飛騰，穿梭至高聳入雲的山巔，瞬時間將觀者帶入一個充滿想像與神祕的世界！
作品的背景刻意佈白，此提取了東方美學中「留白」的精粹，並藉此讓由火藥引燃而生的彩色線條映襯得更加鮮明，而在炸裂的過程中，由中心往外四射的色彩，形塑出迷人又豐富的色彩過度，讓不同的對比色生成自然的調和而混融，此正如塞尚透過塊狀色彩的反覆疊加，展現一種「變動中的自然本質」。而在山石的組建下，大片躍動的藍彩重現聖維克多山的光華，而天空則湧現出更為熱烈的檸檬黃、橙橘、嫩綠等繽紛色彩，觀者若可見一輪彎月撒溢在靜謐夜空的溫柔、輕快的月光，伴隨天藍、靛青之色一同翻滾，攢集著電光火石的威力，展現無雙的璀璨。在火藥自由自在的變化中，一個無與倫比的當代盛景在我們眼前誕生，蔡國強將那份源自塞尚、亙古長存的悸動，以超越東西文化之限的藝術美學，化為一宛如夢境的「奇跡新生」。
回望與前瞻，智慧與光華：
通向宇宙的永恆生命力
「這是一條塞尚漫長的人生路線，包含了從生到死。我一直認為他像苦行僧一樣，在試圖接近神。他有強烈要改天換地的願望，但也有強烈的保守。他知道自己要堅持做一個，所謂跟神接近的東西……故鄉的靈性可以說是我的聖維克多山，或者說認識宇宙的隧道嗎？」
——蔡國強
在2019年的紀錄片《重返聖維克多山》中，蔡國強作出了如上闡述。三十年之前畫在火藥草圖上的思考，如今已沉澱為眼前的恢弘之作。《結構》一作的完成，無疑實現了他對話塞尚、對話東西文明、對話現代主義、甚至對話外星、宇宙的藝術暢想，那是一種對古典大師永恆精神的嚮往，亦是他對開闢藝術史、與天地連通的渴望。
聖維克多山，是塞尚守望著故鄉的田野山巒，也是他的藝術核心所在，那是一條由故鄉出發的路，征途漫漫，穿過光影，並逐步接近著宇宙星河。而蔡國強若在自己身上，看到了塞尚的影子。他們同樣有著開闢藝術史的強烈願望，也同樣回望著故土帶給他們的啟迪。泉州故鄉的鞭炮習俗啟引了他的火藥創作，而在此後三十年身處海外的創作中，蔡國強亦不斷回溯東方文化帶給他的啟示。於塞尚，他以「不變中尋變」的精神，令他不為光影的表象所困，故而洞察時空的本質，得見實物的本真。這份通達的時空觀，連接著蔡國強血脈中的東方精神和宇宙觀視角。「火藥的真正本性，對應的是人類從進化開始以來所擁有的力量和精神，也反映著宇宙本身的特徵。」浸身於火藥光影數十年的他，穿梭在無數的火焰和灰燼之中，他深知這瞬間光華蘊含的巨大能量，其根本是自然和宇宙的力量化身，「人法地，地法天，天法道，道法自然」，老子對自然規律的闡述，令他將「自然力量所創造的自然光景」返還到《結構》中，以火藥的能量再造自然。在其中，每一次的爆破都如同宇宙力量的積累和釋放，他將瞬時的光影化為美的印記，創造出聖山的永恆生命力。
當引線點燃，火藥穿梭畫布，由下方一路向上，其進發的姿態，如同向高峰攀登的行者，亦是蔡國強的化身。那奪目的光輝熠熠閃爍，伴隨著每一個爆裂的瞬間，生命的智慧和能量齊齊湧現。在塵埃落定中，化為宇宙裡那璀璨的星體運動。火光之美轉瞬即逝，留下蜿蜒的痕跡，若承載著所有的時空對話，自此，凝結為畫上的永恆。 Gunpowder on canvas 240 × 300 cm. 94 1/2 × 118 1/8 in. Painted in 2019 Signed in Chinese and pinyin, and dated on bottom right
LITERATURE
2021, Odyssey and Homecoming, The Forbidden City Publishing House, Beijing, p. 122-123 EXHBITED
15 Dec 2020 - 28 Feb 2021, Cai Guo-Qiang: Odyssey and Homecoming, The Palace Museum, Beijing
8 Jul 2021 - 7 Mar 2022, Cai Guo-Qiang: Odyssey and Homecoming, Museum of Art Pudong, Shanghai
PROVENANCE
Important Private Collection, Asia
Conveying the Power of Nature to My Own Creation
Cai Guo-Qiang's Salute to Paul Cézanne, Reinventing Earth-Shattering Gunpowder Masterpiece
In 1999, Venice's Rent Collection Courtyard earned Cai Guo-Qiang the Venice Biennial Golden Lion Award, making him the preeminent Chinese artist in the world. In 2008, Cai held a solo retrospective exhibition at the Guggenheim Museum in New York, setting a new record for most visitors to an exhibition at the museum. In the same year, during the opening ceremony to the Beijing Summer Olympics, the artist lit up the Chinese capital with Firework Footprints of History and in 2012 he received a Lifetime Achievement Award in the Painting Category of the Praemium Imperiale. In total, Cai has held 74 solo exhibitions at museums in 24 countries and his works have been collected by 80 art institutions at home and overseas. For more than 30 years, Cai Guo-Qiang has challenged the limits of what constitutes art and by transcending those boundaries surprised and shocked viewers in equal measure. He has taken the power of Chinese culture as symbolized by gunpowder and traversed a unique artistic path bridging the gap between East and West.
First Auction for a Peerless Work:
A Rare Museum Level Coloured Gunpowder Diptych Masterpiece Structure
In 2017, Cai Guo-Qiang launched one of his most important artistic programs in recent years Individual's Journey through Western Art History. This involved six solo exhibitions at major art museums around the world, and engaging in a creative dialogue with Western art classics at the respective museums. This dialogue ranged from Ancient Rome and Greece, to the Renaissance, Baroque period, socialist realism and the beginnings of modernism. In terms of the latter, Cai chose to engage in dialogue with Paul Cézanne “the father of modern art” and one of his most famous works Mont Sainte-Victoire. Indeed, he observed that Cézanne's depiction of the mountain in this work expressed the “essence of the object” and a “view of the cosmos that transcends time and space,” inspiring countless imitators and imbuing it with an ultimate creative freedom. Indeed, Cai has created three rare gunpowder paintings that he characterized as “a salute to Cézanne”: Cypress of Mont Sainte-Victoire, En Route, which is part of the Guardian Art Center collection, and the work for this auction Structure. In contrast to the first two pieces which depict cypress trees in the foreground, Structure is the only one of the three to show Mont Sainte-Victoire in all its glory. It is also the only work to use coloured gunpowder, highlighting its importance and uniqeness.
If we review the gunpowder paintings Cai Guo-Qiang has produced throughout his artistic career, then very few use colours other than black, white and brown. Indeed, over more than 30 years only three such works have been auctioned; In 2021, China Guardian Hong Kong sold An Ancient Tale: Kuafu Running After the Sun at auction for HKD$9.35 million, the second Peony and Dahlia No. 2 was donated by the artist for auction in 2020 and the third is Structure. Moreover, Structure is an extremely imposing painting with dimensions of 240cm x 300cm and currently the largest coloured gunpowder painting by Cai to appear on the market, making it a rare masterpiece in its own right. From 1920-1921, the work made an appearance at the Cai Guo-Qiang: Odyssey and Homecoming exhibition held at the Palace Museum in Beijing and Pudong Art Museum in Shanghai. As such, the provenance of the piece is clear and its first appearance at auction offers art lovers a rare opportunity.
Wish Fulfilled: Echo of a 30-Year Work:
Individual's Journey through Western Art History Series – A Milestone Work
Structure also represents an important milestone in Cai Guo-Qiang's more than 30-year artistic career, in the sense that it represents an exploration of Mont Sainte-Victoire by Cézanne and the origins of modernist art in one of his early gunpowder paintings. The creative starting point, when Cai chose to focus on an image of Mont Sainte-Victoire, can be traced back to 1989 when he was living in Japan. At that time, he had developed a lasting interest in the origins of the universe discussed in physicist Stephen Hawking's book A Brief History of Time, particularly the Big Bang and Black Hole theories. It was as a result of these reflections that the artist came up with the Project for Extraterrestrials series, in an attempt to create a piece for an imagined other worldly audience, which led to Cai's first work exploring Western art history Ascending Dragon: Project for Extraterrestrials No. 2. This project was to be exploded on Mont Sainte-Victoire in Provence, France, with a “lightning” gunpowder trail leading from the foot of the mountain to the peak, but the outbreak of a forest fire meant the project was unable to go ahead. All that was left was a gunpowder draft depicting the mountain landscape. Nevertheless, this experience established in Cai's head a desire to engage in a dialogue with Cézanne.
Thirty years later in 2019, Cai Guo-Qiang returned to the same place and walked up Mont Sainte-Victoire painted repeatedly by Cézanne during his lifetime. It was on this occasion that he used Structure to finally bring his journey through Western art history to the perfect conclusion. The piece is not only a testament to his high aesthetic attainments after many years of trial and error with coloured gunpowder painting, it has also come to be viewed as the ultimate work in his discourse on modernism with Cézanne, imbuing the work with much greater meaning.
Behold a Lofty Mountain, the Light and Shadow of Roaring Flames
When Binary Aesthetics Collide with Passionate Brilliance
Cai Guo-Qiang's gunpowder paintings have always ingeniously juxtaposed and combined the contradictory opposites of accidental and unstable against planning and structure. On the one hand, the artist needs to strictly control the direction of the gunpowder and the amount used to create the line rhythms he wants on the limited space of the canvas. On the other, Cai adopts a spontaneous approach to creating art that is akin to the action painting of Jackson Pollock, so he freely throws gunpowder and induces multiple trajectories, thereby hiding the unpredictable nature of the explosion and the flow of emotional awareness within the creative process. In this context, Structure perfectly represents the duality of this ingenuity.
In saluting Cézanne's Mont Sainte-Victoire, one of the most iconic works produced in the artist's later years, to some extent Cai Guo-Qiang's Structure seeks to restore the pioneering artistic expressionism of Cézanne as he moved from Post Impressionism to Cubism. The bottom of the work is filled with sonorous and forceful lines as if produced using the wrinkle method of Chinese painting, presenting viewers with a towering and undulating mountain terrain in the shape of the Chinese character “Zhi” (之). This highlights the aristocratic bearing of the mountain, utilizing a Western object to shine a light on the spirit of Eastern landscape painting. Cai uses intaglio methods to create a paper matrix which he lays across the canvas as a space to control the exploding gunpowder. He also deliberately leaves the background white, extending it with different coloured gunpowder scattered along the lines of the mountain outline. The moment the gunpowder is ignited creates a huge burst of kinetic energy, following the direction of the mountain rocks and measuring every inch of Mont Sainte-Victoire, thereby showcasing an unpredictable and graceful tension. The colour of the gunpowder replicates the light and shade created by the intermingling of blue, yellow and green in the paintings of Cézanne, vividly highlighting the marks of flowing light and shade and the sonata of contrasting colours. As a result, the destruction and construction of the explosion, the gentle colours of the gunpowder and shapes of the mountain rocks imbued with a sense of substance, objects that superficially appear diametric opposites, perfectly come together as one integrated whole, bringing to life this breathtaking painting.
Perpetual Excitement, a Giant Dragon in Flight
Interwoven Eastern and Western Aesthetic
“Our art must render the thrill of her permanence, along with her elements, the appearance of all her changes. It must give us a taste of her eternity.”
—Paul Cézanne
As one of the artists most respected by Cai Guo-Qiang, Cézanne has had an important influence on the latter's artistic outlook. Cai once pointed out: “When art history reached Cézanne, he saw that the colours, shapes and motifs were all pure. The purity of Cézanne is to be found in the fact that he faced shifting events by sticking to fundamental principles. When Cézanne painted Mont Sainte-Victoire or an apple, when he painted a single object, the work encompassed a boundless world.” Cai yearned for the purity and persistence of Cézanne, and saw in his works creative freedom: “The purity I want is free and easy change.”
In Structure, Cai Guo-Qiang precisely employs the multidimensional way of looking at objects showcased in Cézanne's “architectural type paintings,” utilizing powerful structural lines to craft the outlines of mountain rocks. Moreover, this Cézanne-like method of expression “focused on essence un-impacted by the flow of light and shade” ensures that once the gunpowder colours accumulate the various mountain ridgelines can still be clearly seen. As the gunpowder explodes a series of lines are created, almost as if the pulse of nature is made real, like a giant dragon flying over the earth, suddenly transporting viewers into a world of imagination and mystery.
The artist deliberately leaves the background white as a reference to the “blank spaces” that are such an integral element of Eastern aesthetics and as a result, the coloured lines created when the gunpowder ignites are even more prominent. Indeed, the large amount of dynamic blue reproduces the splendor of Mont Sainte-Victoire, while the sky emerges multicoloured, a mixture of animated lemon-yellow, orange and light green hues. It is almost as if we are seeing moonlight spilled from a crescent moon, gathering the power of ball lightning. The different contrasting colours give rise to natural and harmonious mixtures in the same way Cézanne used the repeated accumulation of coloured blocks to showcase “changing natural essence.”
Looking Back and Forward, Wisdom and Wonder:
Eternal Life Force Leading to the Cosmos
“One could say that the spirituality of my hometown is my Mont Sainte-Victoire or is it a path to understanding the universe?”
—Cai Guo-Qiang
In the 2019 documentary Return to Mont Sainte-Victoire, Cai Guo-Qiang makes the above statement, reflecting on the fact that he sees something of Cézanne in himself. Both men are imbued with a strong desire to blaze a trail in art history and converse with the universe and similarly reflected on the inspiration provided by their native land. For Cai, the firework customs in his hometown of Quanzhou inspired his gunpowder art work: “the true essence of gunpowder is to be found in the fact that it corresponds to the strength and spirit of Mankind from the beginnings of evolution to the present, while also reflecting the features of the universe itself.” In contrast, Cézanne depicted his hometown Mont Sainte-Victoire over many years and searching for its essential spirit in the unchanging view provided him with insight into the essence of time and space, as well as the essential nature of things. This philosophical view of time and space connects to the Chinese spirit that runs through the veins of Cai Guo-Qiang and his view of the cosmos. The artist is very much aware of the great energy contained within the momentary splendor of the gunpowder, embodying on a fundamental level the power of nature and the cosmos. As such, in Structure Cai recreates nature through the power of gunpowder, leaving behind marks of winding mountain ridges, as if a repository for all time and space dialogue condensed into the eternity depicted in the painting.
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Such statements do not constitute any representation, warranty or assumption of liability by the Company in any form. The relevant defects and restorations mentioned in the catalogue or the condition report for an Auction Property are for guidance only and shall be reviewed in person by the Bidder or a representative with the relevant knowledge. The absence of a reference to the above-mentioned information does not mean that the Auction Property is completely free from defects or has never been restored. Furthermore, even if reference is made to a specifi c defect, this does not mean there are no other defects. Where there is a discrepancy between the tone, colour, texture or shape of an Auction Property in the catalogue and/or in any other manner of illustration, video recording or publicity materials and that of the original, due to printing, photographic or other such technical reason, the actual Auction Property shall prevail. Bibliographies cited in any description of an Auction Property by the Company, its employees or its agents are for the Bidder’s reference only. The Company will not provide the originals or photocopies of the bibliographic publications or other such materials, and reserves the right to revise the cited descriptions. Article 8 Reserve and Estimated Price A Reserve is set for all of the Company’s Auction Properties, unless it is indicated or stated that an Auction Property is not subject to such a Reserve. In general, the Reserve is not higher than the low Estimated Price announced or published before the auction by the Company. If a Reserve has not been set for an Auction Property, unless there already have been bids, the Auctioneer shall have the right, at his or her discretion, to decide the starting price, which, however, may not be higher than the low Estimated Price of the Auction Property before the auction. Under no circumstance shall the Company bear any liability in the event that the bids for an Auction Property fail to reach the Reserve at the auction held by the Company. If the bids for an Auction Property are lower than the Reserve, the Auctioneer shall have the right, at his or her discretion, to sell the Auction Property at a price lower than the Reserve. However, under such a circumstance, the amount that the Company shall pay the Seller shall be the amount that the Seller would have received had the Auction Property been sold at the Reserve. An Estimated Price is estimated some time before the Auction Date, is not a defi nitive selling price, and is not legally binding. No Estimated Price may serve as a forecast of the Hammer Price for an Auction Property, and the Company has the right to revise from time to time Estimated Price(s) that have already been made. Article 9 Bidding at Auction Bidders shall bid through the following methods: 1. The Bidder shall attend the auction in person, and complete the registration and pay a bid deposit before obtaining a paddle as required, subject to Article 10 to Article 12 hereof; or 2. Subject to Article 15 hereof, the Bidder may appoint the Company in writing to bid on his or her behalf by a duly completed and signed Telephone Bidding Form of the Company (“Telephone Bidding Form”); or 3. The Bidder shall adopt the Live Auction Platform which authorized by the Company. Article 10 Bidder Registration Where the Bidder is an individual, he or she shall fi ll in and sign before the Auction Date the registration documents on the strength of an identity document with photo issued by the government (such as a resident identity card or passport), and provide proof of his or her current address (e.g. a utility bill or bank statement); where the Bidder is a company or other organization, it shall fill in and sign the registration documents on the strength of its valid incorporation document, proof of shareholding and lawful authorization document, and collect a paddle before the Auction Date. The Company may request the Bidder to present banking information for making payment or other proof of fi nancial standing. Article 11 Paddle The Company may, depending on the auction conditions and auction method, announce before the Auction Date the conditions and procedures for obtaining a paddle, including but not limited to formulating the qualifi cation conditions necessary for Bidders to carry out the procedures for obtaining a paddle. The Company solemnly reminds the Bidder that a paddle is the sole proof for the Bidder to participate in the bidding in person. The Bidder shall keep the same in safe custody and may not lend the same to other persons. In the event it is lost, the Bidder shall promptly carry out the loss report procedures by way of a written method approved by the Company. All of the bidding acts carried out during the auction by a paddle holder, regardless of whether he or she has been appointed by the Bidder, shall be deemed as having been done by the paddle registrant himself or herself, and the Bidder shall bear the legal liability for the acts of such person, unless the paddle registrant has himself or herself carried out with the Company the procedures for reporting the loss of a paddle by way of a written method approved by the Company, and the paddle in question is declared void by the Auctioneer on the spot. Article 12 Bid Deposit When the Bidder participates in the Company’s auction, he or she shall pay a bid deposit before collecting the paddle. The amount of the bid deposit shall be announced by the Company before the Auction Date, and the Company has the right to reduce or waive the bid deposit. If the Bidder fails to buy an Auction Property and does not have any amounts owing to the Company, its divisions, affiliates, subsidiaries or parent, or China Guardian, its divisions, affiliates, subsidiaries or parent, the entire amount of the bid deposit shall be refunded to the Bidder without interest within 14 working days after conclusion of the auction. If the Bidder becomes the Buyer, the bid deposit shall automatically be transformed into the deposit for payment of the Purchase Price of the Auction Property. Article 13 Discretion of the Company The Company has the right, at its discretion, to refuse anyone from participating in the auction held by the Company, entering the auction venue, or taking photos, audio recordings or video recordings, etc. in the auction venue. Article 14 Bidding as Principal Unless a particular Bidder has presented written proof to the Company indicating that he or she is the agent of a particular Bidder and the same has been approved in writing by the Company, each Bidder shall be deemed to be the Bidder himself or herself. Article 15 Telephone Bids The Bidder shall attend the auction in person. If he or she cannot attend in person or by way of an agent, he or she may appoint the Company in writing using the Telephone Bidding Form to bid on his or her behalf. The Company shall have the discretion to decide whether or not to accept such an appointment. If the Bidder wishes to appoint the Company to bid on his or her behalf, he or she should have completed the appointment procedures of the bids by the prescribed deadline (no later than 24 hours before the Auction Date), present a duly completed and signed Telephone Bidding Form to the Company, and paid the bid deposit pursuant to these Conditions. If, having appointed the Company to bid on his or her behalf, the Bidder wishes to cancel the appointment, he or she shall notify the Company in writing no later than 24 hours before the Auction Date. Article 16 Outcome of Telephone Bid If the Bidder has appointed the Company to bid on his or her behalf, the bid outcome and relevant legal liabilities shall be borne by him or her. The Bidder shall accurately provide the instant communication method (such as mobile phone number) and keep such instant communication instrument in safe custody. While the Company is appointed to bid on the behalf of the Bidder, the Bidder shall personally use the instant communication instrument. In event of loss of, or loss of the control of, the instant communication instrument in question, the Bidder shall promptly revise by way of a written method approved by the Company the instant communication method provided on the Telephone Bidding Form. While the Company is appointed to bid on the Bidder’s behalf, it will (use timely and appropriate effort) to contact the Bidder, and all of the bidding information transmitted by the instant communication instrument (regardless of whether it is transmitted by the Bidder himself or herself or the Bidder’s Agent) shall be deemed as having been transmitted by the Bidder himself or herself, and the Bidder shall be legally liable for the actions thereof, unless the Buyer has himself or herself altered by way of a written method approved by the Company the instant communication method provided on the Telephone Bidding Form. Nevertheless, under no circumstance shall the Company be liable for any unsuccessful attempt to make contact or for any errors or omissions in the bids made using the instant communication instrument in question. Article 17 Disclaimer of Liability for Telephone Bid Given that telephone bidding is a free service provided by the Company to the Bidder for the purpose of transmitting bidding information, neither the Company nor its employees shall be liable for unsuccessful bids or any errors, omissions, negligence, fault or inability to bid on the Bidder’s behalf arising in the course of the bidding on the Bidder’s behalf. Article 18 Discretion of the Auctioneer The Auctioneer shall have the absolute right of discretion in respect of the following matters: 1. to refuse or accept any bid; 2. to conduct the auction in the manner he or she decides; 3. to withdraw any Auction Property, divide it into separate lots for auction or combine any two or more Auction Properties and auction them together; 4. where an error or dispute occurs, whether during or after the auction, to decide the successful Bidder, whether or not to continue the auction, to cancel the auction or to auction the disputed Auction Property anew; 5. to open and conduct the bidding at the level and at bid increments that he or she deems appropriate, and to bid on behalf of the Seller up to the amount of the Reserve, by making a bid, by making consecutive bids or by making bids in response to the bids of other Bidders; 6. to take other actions that he or she reasonably deems appropriate. Article 19 No Reserve For those Auction Properties without a Reserve, unless there are bids, the Auctioneer shall have the right, at his or her own discretion, to decide the starting price. If there are no bids at such price, the Auctioneer will, at his or her own discretion, lower the price and continue the auction until a Bidder starts to bid, whereupon he will increase the price from there and continue the auction. Article 20 Image Display Panel and Currency Conversion Display Panel For the convenience of Bidders, the Company may use image projection or other manner of display panel during the auction. The information shown thereon shall be provided for reference only. Regardless of whether there may be errors in the information, such as the amount, reference number of an Auction Property, the picture of an Auction Property or reference foreign exchange amount, etc., shown on the image projection or other manner of display panel, the Company shall not be liable for any losses arising as a result thereof. Article 21 Successful Sale Upon the confi rmation of the highest bid by the striking of the hammer or otherwise by the Auctioneer, such Bidder’s bid shall be the successful bid, indicating that he or she has become the Buyer of the Auction Property, and that a binding sales contract has been concluded between the Seller and the Buyer. Article 22 Commission and Charges Once the Bidder has made a successful bid, he or she becomes the Buyer of the Auction Property. The Buyer shall pay to the Company a commission to be calculated as follows: For each Auction Property, those part of Hammer Price which is HKD5 million or below, the commission shall be equivalent to 20% of the Hammer Price; for each Auction Property whose Hammer Price exceeds HKD5 million, the commission applicable to those part of the Hammer Price between HKD5 million to HKD20 million shall be equivalent to 17% thereof and the commission applicable to those part of the Hammer Price above HKD20 million shall be equivalent to 14 % thereof. The Buyer shall also pay to the Company other Buyer Charges, and accepts that the Company may charge the Seller a commission and other Seller charges in accordance with the Conditions of Business for Sellers. Article 23 Taxes All the monies paid to the Company by the Buyer shall be the net amount, exclusive of any tax on goods, tax on services or other value added tax (whether levied by Hong Kong or another region). If any taxes or levies are applicable to the Buyer, he or she shall solely bear the same in accordance with the relevant laws currently in force. Article 24 Payment Deadline Unless otherwise agreed in writing, after a sale, the Buyer shall pay the Purchase Price in full to the Company and collect the Auction Property within seven days from the Sale Date, regardless of any export, import or other permit regulations for the Auction Property. All packing and handling charges, freight and insurance charges, export related charges, etc. involved, if any, shall be paid by the Buyer together with the foregoing. Article 25 Payment Currency All monies shall be paid in Hong Kong dollars. If the Buyer pays in a currency other than the Hong Kong dollar, the same shall be converted at the exchange rate agreed between the Buyer and the Company or at the exchange rate for the Hong Kong dollar and the currency in question posted by The Hong Kong & Shanghai Banking Corporation Ltd. one working day prior to the date of payment by the Buyer. All bank service charges, commissions and other charges incurred by the Company in converting the foreign currency paid by the Buyer into Hong Kong dollars shall be borne by the Buyer. Article 26 Transfer of Ownership Even if the Auction Property has not been delivered to the Buyer by the Company, the Buyer shall have secured ownership of the Auction Property but before he or she has paid in full the Purchase Price and all amounts that he or she may owe the circumstances, the catalogue descriptions and condition reports may serve as reference about certain defects in the Auction Properties. Nevertheless, the Bidder should note that the Auction Properties may have other defects not expressly stated in the catalogue or condition reports. 4. The information concerning any Auction Property provided to the Bidder, including any forecast information (written or verbal), and any information, rules or other reports, commentaries or estimated values contained in the catalogues, are not statements of fact, but rather statements of the opinions held by the Company. Such information may be revised at the sole discretion of the Company from time to time. 5. Neither the Company nor the Seller gives any representations or warranties as to whether any Auction Property is subject to any copyright or whether the Buyer has bought the copyright in any Auction Property. 6. Subject to Articles 5(1) to 5(5) and the specifi c exemptions contained in Article 6 hereof, the catalogue descriptions and condition reports are made by the Company in a reasonable and prudent manner (consistent with the provisions relating to the Company as the Auction Agent) based on (1) the information provided by the Seller to the Company; (2) academic and technical knowledge (if any); and (3) generally accepted opinions of relevant experts. Article 6 Exemption of Liability Toward the Buyer and Limitations 1. Subject to Article 5 and Articles 6(1) and 6(4) hereof, the Company or the Seller shall not: (1) be liable for any errors or omissions in the information provided by the Company to the Bidder, whether verbally or in writing, regardless of whether due to negligence or otherwise; (2) give any guarantee or warranty to the Bidder, and any implied warranties or conditions other than the express warranties given by the Seller to the Buyer through the Company are excluded (except where it is provided in law that such liabilities may not be exempted); (3) be liable to any Bidder for any actions or omissions in respect of any matter relating to the auction or sale of any Auction Property by the Company (regardless of whether due to negligence or otherwise). 2. Unless the Company owns the Auction Property to be sold, it shall not be liable for any breach of these Conditions by the Seller. 3. Without prejudice to Article 6(1) hereof, the amount of any claim that a Bidder may lodge against the Company or the Seller shall be limited to the Hammer Price of the Auction Property and the Buyer’s Commission. Under no circumstance shall the Company or the Seller bear any consequential losses incurred by the Buyer. 4. Article 6 hereof does not exempt or restrict the liability of the Company for any fraudulent misrepresentation made by the Company or the Seller, nor for any personal injury or death arising due to the negligence of or an omission by the Company or the Seller. Article 7 Catalogue and Other Descriptions of the Auction Property All statements made by the Company about an Auction Property in the catalogue or in the condition reports, or separately made verbally or in writing, are statements of opinion only, and shall not be relied upon as statements of fact. Such statements do not constitute any representation, warranty or assumption of liability by the Company in any form. The relevant defects and restorations mentioned in the catalogue or the condition report for an Auction Property are for guidance only and shall be reviewed in person by the Bidder or a representative with the relevant knowledge. The absence of a reference to the above-mentioned information does not mean that the Auction Property is completely free from defects or has never been restored. Furthermore, even if reference is made to a specifi c defect, this does not mean there are no other defects. Where there is a discrepancy between the tone, colour, texture or shape of an Auction Property in the catalogue and/or in any other manner of illustration, video recording or publicity materials and that of the original, due to printing, photographic or other such technical reason, the actual Auction Property shall prevail. Bibliographies cited in any description of an Auction Property by the Company, its employees or its agents are for the Bidder’s reference only. The Company will not provide the originals or photocopies of the bibliographic publications or other such materials, and reserves the right to revise the cited descriptions. Article 8 Reserve and Estimated Price A Reserve is set for all of the Company’s Auction Properties, unless it is indicated or stated that an Auction Property is not subject to such a Reserve. In general, the Reserve is not higher than the low Estimated Price announced or published before the auction by the Company. If a Reserve has not been set for an Auction Property, unless there already have been bids, the Auctioneer shall have the right, at his or her discretion, to decide the starting price, which, however, may not be higher than the low Estimated Price of the Auction Property before the auction. Under no circumstance shall the Company bear any liability in the event that the bids for an Auction Property fail to reach the Reserve at the auction held by the Company. If the bids for an Auction Property are lower than the Reserve, the Auctioneer shall have the right, at his or her discretion, to sell the Auction Property at a price lower than the Reserve. However, under such a circumstance, the amount that the Company shall pay the Seller shall be the amount that the Seller would have received had the Auction Property been sold at the Reserve. An Estimated Price is estimated some time before the Auction Date, is not a defi nitive selling price, and is not legally binding. No Estimated Price may serve as a forecast of the Hammer Price for an Auction Property, and the Company has the right to revise from time to time Estimated Price(s) that have already been made. Article 9 Bidding at Auction Bidders shall bid through the following methods: 1. The Bidder shall attend the auction in person, and complete the registration and pay a bid deposit before obtaining a paddle as required, subject to Article 10 to Article 12 hereof; or 2. Subject to Article 15 hereof, the Bidder may appoint the Company in writing to bid on his or her behalf by a duly completed and signed Telephone Bidding Form of the Company (“Telephone Bidding Form”); or 3. The Bidder shall adopt the Live Auction Platform which authorized by the Company. Article 10 Bidder Registration Where the Bidder is an individual, he or she shall fi ll in and sign before the Auction Date the registration documents on the strength of an identity document with photo issued by the government (such as a resident identity card or passport), and provide proof of his or her current address (e.g. a utility bill or bank statement); where the Bidder is a company or other organization, it shall fill in and sign the registration documents on the strength of its valid incorporation document, proof of shareholding and lawful authorization document, and collect a paddle before the Auction Date. The Company may request the Bidder to present banking information for making payment or other proof of fi nancial standing. Article 11 Paddle The Company may, depending on the auction conditions and auction method, announce before the Auction Date the conditions and procedures for obtaining a paddle, including but not limited to formulating the qualifi cation conditions necessary for Bidders to carry out the procedures for obtaining a paddle. The Company solemnly reminds the Bidder that a paddle is the sole proof for the Bidder to participate in the bidding in person. The Bidder shall keep the same in safe custody and may not lend the same to other persons. In the event it is lost, the Bidder shall promptly carry out the loss report procedures by way of a written method approved by the Company. All of the bidding acts carried out during the auction by a paddle holder, regardless of whether he or she has been appointed by the Bidder, shall be deemed as having been done by the paddle registrant himself or herself, and the Bidder shall bear the legal liability for the acts of such person, unless the paddle registrant has himself or herself carried out with the Company the procedures for reporting the loss of a paddle by way of a written method approved by the Company, and the paddle in question is declared void by the Auctioneer on the spot. Article 12 Bid Deposit When the Bidder participates in the Company’s auction, he or she shall pay a bid deposit before collecting the paddle. The amount of the bid deposit shall be announced by the Company before the Auction Date, and the Company has the right to reduce or waive the bid deposit. If the Bidder fails to buy an Auction Property and does not have any amounts owing to the Company, its divisions, affiliates, subsidiaries or parent, or China Guardian, its divisions, affiliates, subsidiaries or parent, the entire amount of the bid deposit shall be refunded to the Bidder without interest within 14 working days after conclusion of the auction. If the Bidder becomes the Buyer, the bid deposit shall automatically be transformed into Company, its divisions, affi liates, subsidiaries or parent company, or China Guardian, its divisions, affiliates, subsidiaries or parent company, the Company and/or the Seller reserve the right of possession en or any other lawful relieves. Article 27 Transfer of Risks Once a successful bid has been made, the risks attaching to the Auction Property shall be solely borne by the Buyer once any of the following circumstances (whichever is earlier) arises: 1. the Buyer collects the Auction Property; or 2. the Buyer pays all of the Purchase Price for the Auction Property to the Company; or 3. the lapse of seven days after the Sale Date. Article 28 Collection of the Auction Property The Buyer must, within seven days from the Sale Date, proceed to the Company’s address or other location designated by the Company to collect the Auction Property he or she purchased. The Buyer shall be solely responsible for purchasing insurance for the Auction Property he or she purchased once the risks pass to him or her. If the Buyer fails to collect the Auction Property within seven days from the Sale Date, he or she shall bear all of the relevant costs for storing, handling, insuring, etc. the Auction Property in question, and he or she shall bear all of the liability for the Auction Property he or she purchased. Furthermore, notwithstanding the Auction Property remaining in the custody of the Company or another agent, none of the Company, its employees or agents shall be liable for damage to or loss of the Auction Property, regardless of the reason the same arises. Article 29 Packing and Shipping The packing and processing by the employees of the Company of the purchased Auction Property as required by the Buyer shall solely be deemed as a service provided by the Company to the Buyer, and the Company may decide at its own discretion whether to provide such service. If any losses arise therefrom, they shall solely be borne by the Buyer. Under no circumstance shall the Company be liable for damage to glass or frame, box, backing sheet, stand, mounting, inserts, rolling rod or other similar auxiliary object arising for any reason. Furthermore, the Company shall not be liable for any errors, omissions, damage or loss caused by the packing company or removal company recommended by the Company to the Buyer. Article 30 Import/Export and Permits The Buyer shall himself or herself be responsible for securing any relevant import and export, endangered species or other permit for the Auction Property. A failure or delay in obtaining any required permit shall not be deemed as grounds for cancelling the purchase or delaying payment of the Purchase Price by the Buyer. The Company shall not bear any liability for the failure to duly complete or submit the required import or export waybill, list or documents. If the Buyer requests that the Company apply for an export permit on his or her behalf, the Company shall have the right to charge him or her a separate service fee for such service. However, the Company does not warrant that such export permit will be issued. Neither the Company nor the Seller gives any representations or warranties as to whether or not any Auction Property is subject to import/export restrictions or any embargo. Article 31 Remedies for Non-Payment and Specifi c Performance If the Buyer fails to make payment in full pursuant to these Conditions or any payment arrangement agreed with the Company, the Company shall have the right to take one or more of the following measures: 1. If the Buyer fails to pay all of the Purchase Price in full to the Company within 7 days from the Sale Date, the Company shall have the right to engage a third party organization to collect all or part of the outstanding Purchase Price from the Buyer; 2. If the Buyer fails to pay the Purchase Price in full within 7 days from the Sale Date, the Company shall have the right to charge interest at the rate 0.03% per day on the Buyer’s outstanding amount starting from the 8th day after the Sale Date until the date on which the Buyer pays the entire amount in full, unless the Buyer and the Company agree otherwise; 3. All risks and charges relating to insurance coverage taken out on the Auction Property, removal thereof, or storage thereof, at or from the Company or elsewhere shall be borne by the Buyer; 4. To institute a legal action against the Buyer, demanding that he or she compensate it for all the losses incurred as a result of his or her breach of contract, including the interest losses arising due to delay in payment or refusal to pay by the Buyer; 5. To exercise a lien on the Auction Property in question and any other Auction Property of the Buyer purchased under the auspices of the Company, and any other property or property rights of the Buyer that may be in the Company’s possession for any reason, and all expenses and/or risks arising during the duration of the lien shall be borne by the Buyer. If the Buyer fails to perform all of his or her relevant obligations by the deadline designated by the Company, the Company shall have the right to dispose of the subject matter of the lien after issuing notice to the Buyer that it is exercising its lien rights and if the Buyer fails to discharge all outstanding amounts within 30 days after issuance of such notice. If the proceeds from the disposal of the subject matter of the lien are insufficient to offset all the monies payable by the Buyer to the Company, the Company shall have the right to separately recover the same; 6. If the Buyer still has not paid all of the Purchase Price in full to the Company within 90 days from the Sale Date, the Company shall have the right (but shall not be obliged) to decide, at its absolute discretion, to cancel the transaction or agree to cancellation of the transaction by the Seller, and reserves the right to recover all of the losses suff ered by the Company due to cancellation of the transaction; 7. To offset any amount related to the Auction Property owed by the Buyer to the Company against any amount owed from any other transaction by the Company, its divisions, affi liates, subsidiaries or parent, or China Guardian, its divisions, affi liates, subsidiaries or parent to the Buyer; 8. To decide at its discretion to use any monies paid by the Buyer to discharge the amount owed by the Buyer to the Company, its divisions, affi liates, subsidiaries or parent, or China Guardian, its divisions, affi liates, subsidiaries or parent in connection with the Auction Property or other transaction; 9. To refuse any future bids made by the Buyer or his or her agent, or to charge him or her a bid deposit before accepting his or her bids; The Company is aware that the Auction Property is unique and irreplaceable, if either the Seller or the Buyer defaults, the payment of damages by one party to another shall not be a suffi cient remedy to the observant party. Accordingly, the Company, the Buyer and the Seller agree that any such breach, the observant party may apply to the court to order specifi c performance, requiring the defaulting party to perform his/her obligations under these Conditions or their ancillary documents. Article 32 Remedies for Delay in Collecting the Auction Property If the Buyer fails to collect the purchased Auction Property within seven days from the Sale Date, the Company shall have the right to take one or more of the following measures: 1. To take out insurance coverage for the Auction Property and/or store the same on Company premises or elsewhere, with all of the costs (including but not limited to charging the Storage Fee specifi ed on the Bidder Registration Form from the 31st day following the Sale Date) and/or risks arising therefrom borne by the Buyer. In such a case, the Buyer may collect the Auction Property (packing and handling charges, freight and insurance charges, export related charges at the sole expense of the Buyer) only after he or she has paid all of the Purchase Price in full; 2. If the Buyer fails to collect the relevant Auction Property by the deadline prescribed herein, he or she shall solely be liable for all the risks and expenses arising after the expiration of such deadline. Article 33 Limited Warranties 1. The general warranties provided to the Buyer by the Company are as set forth below: If it is discovered after an Auction Property is sold by the Company that the same is a forgery, the Company will, in accordance herewith, cancel the transaction and refund to the Buyer in the original currency the Hammer price together with the Buyer’s Commission paid by the Buyer to the Company in respect of the Auction Property. For the purposes of the foregoing, a forgery, based on the reasonable opinion of the Company, means such things as a forged work or intentional concealment or a fraudulent claim in respect of the source, place of origin, date, production year, age, culture or origin, etc. of a work, and a correct description of the foregoing is not included in the catalogue (considering any terms of art). Any damage to an Auction Property and/or any manner of restored piece and/or any repaired piece (including repainting or overpainting) shall not be deemed a forgery. Please note that the foregoing warranty shall not apply if: (1) The information in the catalogue is based on the generally accepted opinions of academics and experts on the selling date, or said information in the catalogue indicates that there exist confl icts in such opinions; or (2) On the selling date, the only means of proving that the Auction Property in question is a forgery is not generally available or recognized at such time, is extremely expensive or is impractical; or may already have caused damage to the Auction Property or may (in the reasonable opinion of the Company) already have caused the Auction Property to lose value; or (3) If, based on its description, the Auction Property has not lost any material value. 2. The period specifi ed by this warranty simply provides the Buyer an exclusive non-transferrable benefi t for 5 years after the relevant Auction Date. To lodge a claim based on this warranty, the Buyer must: (1) notify the Company in writing within three months after the receipt of any information which leads the Buyer to doubt the authenticity or attributes of the Auction Property, specifying the reference number of the Auction Property, the date on which the Auction Property was purchased and the reasons for believing that the Auction Property is a forgery; (2) return the Auction Property to the Company in a condition identical to that on the date on which it was sold to the Buyer, and provided that good title thereto is transferrable and no third party claims have been made in respect thereof since the selling date. 3. With respect to contemporary and modern art, Chinese oil paintings and Chinese paintings and calligraphy, although academic circles do not permit the making of defi nitive statements in respect thereof at present, the Company reserves the discretion, pursuant to this warranty, to cancel transactions of contemporary and modern art, Chinese oil paintings and Chinese paintings and calligraphy that are confi rmed to be forgeries, but only within one year after the Auction Date. The amount paid shall be refunded to the Buyer pursuant to this Article, provided that the Buyer provides to the Company evidence (by the methods set forth in clauses 2 and 4 of this Article) confi rming that the Auction Property is a forgery within one year from the Auction Date; 4. The Company may, at its discretion, decide to waive any of the foregoing provisions. The Company shall have the right to request that the Buyer obtain, at his or her expense, reports from two experts acceptable to the Company and the Buyer who are independent and recognized in the industry. The Company shall not be subject to any report presented by the Buyer, and reserves the right to seek the opinion of additional experts at its own expense. Article 34 Obtaining Information, Video Taking With respect to the operation of the Company’s auction business, the Company may make audio recordings, video recordings or keep a record of any auction process, and may need to collect personal information from the Bidder or request information about the Bidder from third parties (such as requesting a credit review from a bank). Such information will be processed and kept confi dential by the Company. However, relevant information may be provided to the Company, its divisions, affiliates, subsidiaries or parent, or China Guardian, its divisions, affiliates, subsidiaries or parent in order to assist the Company in providing excellent services to Bidders, carrying out client analyses, or providing services that satisfy the requirements of Bidders. For the benefi t of the Bidder, the Company may also be required to provide certain personal information of the Bidder to third party service providers (such as shipping companies or warehousing companies). By participating in the auction by the Company, the Bidder indicates that he or she consents to the foregoing. If the Bidder wishes to obtain or amend his or her personal information, he or she is asked to contact the customer service department. Article 35 Copyright The Seller authorizes the Company to produce photos, illustrations, a catalogue, or other form of video recording of, and publicity materials for, any Auction Property that he or she has consigned to the Company for auction, and the Company enjoys the copyrights therein, and has the right to use the same in accordance with the law. Without the prior written consent of the Company, neither the Buyer nor anyone else may use the same. Neither the Company nor the Seller gives any representations or warranties as to whether the Auction Property is subject to copyright or whether the Buyer secures any copyright in the Auction Property. Article 36 Notices The Bidder and the Buyer shall inform the Company of their fixed and valid correspondence address and contact information by the method specifi ed in the bidding registration documents or other method approved by the Company. In the event of a change, the Company shall be promptly informed thereof in writing. The notices mentioned herein only refer to written notices sent by post, by email, by fax or by the Company’s mobile app (“Mobile App”). A notice shall be deemed as served at the following times: 1. If served by hand, at the time it reaches the address of the relevant Party; 2. If by post, the seventh day after it is posted; 3. If by fax, when transmission is confi rmed by the sending fax machine; 4. If by email, when delivery is confi rmed by the email record; 5. A notice sent by the Company through Mobile App shall be deemed to be received by the Bidder and the Buyer on the date when it is delivered. Article 37 Severability If any provision or part hereof is found invalid, unlawful or unenforceable for any reason, the other provisions and parts hereof shall remain valid, and the relevant parties shall abide by and perform the same. Article 38 Laws and Jurisdiction (1) These Conditions and related matters, transactions and any disputes arising from, or in connection with, participation in the auction conducted by the Company pursuant hereto shall be governed by, and construed in accordance with, the laws of Hong Kong. (2) Subject to Article 38.3 below, the Hong Kong courts have exclusive jurisdiction to settle any disputes arising out of or in connection with any auctions conducted by the Company (the “Disputes”). All of the Company, the Buyer and the Bidder agree that the Hong Kong courts are the most appropriate and convenient courts to settle the Disputes and accordingly no party will object to submit to the exclusive jurisdiction of Hong Kong courts. (3) This Article 38.3 is for the benefi t of the Company only. The Company shall not be prevented from taking any proceedings relating to the Disputes in any other courts with jurisdiction. To the extent allowed by law, the Company may take concurrent proceedings in any number of jurisdictions. Article 39 Language The Chinese language version hereof shall be the governing version and the English language version shall be for reference only. In the event of a discrepancy between the English language version and the Chinese language version, the Chinese language version shall prevail. Article 40 Ownership of Copyright in the Conditions These Conditions are formulated and shall be revised by the Company, and the relevant copyrights shall vest in the Company. Without the prior written permission of the Company, no one may use these Conditions in any manner or way to obtain commercial benefits, and may not take copies of, communicate or store in any searchable system any part hereof. Article 41 Term of Applicability These Conditions shall apply solely to the upcoming auction. The Company may update these Conditions from time to time. When the Bidder and the Buyer participate in another auction, then applicable Conditions of Business for Buyers shall prevail. Article 42 Right of Interpretation During routine performance hereof, the right to interpret these Conditions shall be exercised by the Company. In the event of a legal dispute between the Buyer and the Company, the right of interpreting these Conditions, when resolving the dispute, shall be exercised by the competent court. Date of this version: 11th May 2022 Address of the Company: 5th Floor, Tower One, Lippo Centre, 89 Queensway, Hong Kong
重要通告 IMPORTANT NOTICE 中國嘉德（香港）國際拍賣有限公司（以下稱為“本公司”）舉 辦的拍賣活動均依據本圖錄中所附之買家業務規則、重要通告、 競投登記須知、財務付款須知以及可向本公司索取之賣家業務規 則進行，參加拍賣活動的競投人須仔細閱讀並予以遵守。該等業 務規則及規定可以公告或口頭通知之方式進行修改。 拍賣品之狀況 競投人應於拍賣前之展覽會上審看拍賣品，並對自己的競投行為 承擔法律責任。如欲進一步了解拍賣品資料，請向業務人員諮 詢。如圖錄中未說明拍賣品之狀況，不表示該拍賣品沒有缺陷或 瑕疵（請參閱載於本圖錄之買家業務規則第五條）。 受限制物料 (一)附有 符號之拍賣品於編制圖錄當時已識別為含有受限制物 料，而有關物料可能受到進出口之限制。有關資料為方便競投人 查閱，而無附有該符號並非保證該拍賣品並無進出口之限制。由 植物或動物材料（如珊瑚、鱷魚、鯨骨、玳瑁、犀牛角及巴西玫 瑰木等）製成或含有植物或動物材料之物品，不論其年份或價 值，均可能須申領許可證或證書方可出口至香港境外，且由香港 境外國家進口時可能須申領其他許可證或證書。務請注意，能取 得出口許可證或證書並不能確保可在另一國家取得進口許可證或 證書，反之亦然。競投人應向相關政府查核有關野生動物植物進 口之規定後再參與競投。買家須負責取得任何出口或進口許可證/ 或證書，以及任何其他所需文件（請參閱載於本圖錄之買家業務 規則第三十條）。 (二)香港法例第586章《保護瀕危動植物物種條例》已於2018年6月 8日作出相應的立法修訂，以履行2016年《瀕危野生動植物種國際貿 易公約》修訂中對黃檀屬所有種的規定。修訂列明的新物種包括黃檀 屬所有種將受許可證管制。新管制措施將於2018年11月1日生效， 該條例規定，凡進口、從公海引進、出口、再出口或管有列明物種的 標本或衍生物，均須事先申領漁農自然護理署發出的許可證。 (三)《2018年保護瀕危動植物物種（修訂）條例》已於2018年1月 30日通過，旨在加強管制進口及再出口象牙及象狩獵品。禁止進口 及再出口象狩獵品及《公約》前象牙及《公約》後象牙（古董象牙除 外）的規定已經實施。在領有許可證情況下，為商業目的而管有的 《公約》前象牙及《公約》後象牙可進行本地貿易。為了保護文物， 古董象牙（指1925年7月1日前發生《修訂條例》規定情況的象牙） 可獲豁免。但進口及再出口古董象牙需領有進出口許可證及《公約》 前證明書。自2021年12月31日起，禁止為商業目的管有任何象牙， 包括《公約》前象牙及《公約》後象牙（古董象牙除外）。 電器及機械貨品 所有電器及機械貨品只按其裝飾價值出售，不應假設其可運作。 電器在作任何用途前必須經合格電器技師檢驗和批核。 語言文本 本公司買家業務規則、賣家業務規則、載於圖錄或由拍賣官公佈 或於拍賣會場以通告形式提供之所有其他條款、條件、通知、表 格等文件以及本圖錄中拍賣品之描述，均以中文文本為準，英文 文本僅為參考文本。 版權 本公司已盡一切合理努力查找、聯繫和確認版權擁有者。如本圖 錄內未有包含適當確認版權擁有者的資訊，本公司鼓勵版權擁有 者通知本公司。本公司亦歡迎任何信息，以澄清被展示圖文的版 權的擁有權。 本圖錄版權屬本公司所有。未經本公司書面許可，不得以任何形 式對本圖錄的任何部分進行複製或進行其他任何形式的使用。 The auction to be held by China Guardian (Hong Kong) Auctions Co., Ltd. (hereinafter referred to as the “Company”) will be conducted in accordance with the Conditions of Sale, Important Notice, Important Notice about Bidding Registration, and the Important Notice about Payment contained in this Catalogue as well as the Conditions of Business for Sellers which are available from the Company, and Bidders wishing to participate in the auction must carefully read and comply therewith. Such Conditions and rules may be revised by way of an announcement or verbal notifi cation. Condition of the Auction Properties The Bidder should view the Auction Properties at the pre-auction exhibition, and will be legally liable for his or her bidding. For more information on the Auction Properties, please consult our business staff . The absence of a description of the condition of an Auction Property in the Catalogue does not mean that the Auction Property is free of fl aws or defects (please refer to Article 5 of the Conditions of Sale contained in this Catalogue). Restricted materials (1) Auction Properties marked with a symbol were identified as containing restricted materials at the time of compiling the Catalogue, and the relevant materials may be subject to import and export restrictions. The relevant information is provided for the convenience of Bidders, and the absence of such a symbol on an Auction Property does not ensure that it is not subject to import and export restrictions. For items made of or containing botanical or animal materials (coral, crocodile, whale bone, tortoise shell, rhinoceros horn and Brazilian Rosewood, etc.), regardless of their year or value, may require application for permits or certifi cates before exportation outside Hong Kong, and application for other permits or certifi cates may be required when importing into countries outside Hong Kong. Please note that the securing of an export permit or certifi cate does not ensure that an import permit or certifi cate can be secured in another country, and vice versa. The Bidder should enquire about the regulations for the import of wild fl ora and fauna to the relevant government before participating in an auction. Buyers are responsible for obtaining any export or import permits/certifi cates and any other documents required (please refer to Article 30 of the Conditions of Sale contained in this Catalogue). (2) The corresponding legislative amendments have been made to the Protection of Endangered Species of Animals and Plants Ordinance, Cap. 586 (“the Ordinance”) in Hong Kong on 8 June 2018, concerning the amendments to Appendices of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (“the CITES”) which has been adopted in 2016. The newly scheduled species include Dalbergia Species will be subject to licensing control. The new controls will become effective on 1 November 2018. According to the Ordinance, unless exempted or otherwise specified, the import, introduction from sea, export, re-export or possession of endangered species or its derivatives, requires a license issued by Agriculture, Fisheries and Conservation Department. (3) The Protection of Endangered Species of Animals and Plants (Amendment) Ordinance 2018 (“Ordinance”) was enacted on 30 January 2018, which aims to enhance regulation on import and re-export of elephant ivory and elephant hunting trophies. New control measures banned the import and re-export of all elephant hunting trophies and pre-Convention ivory and post-Convention ivory items. The commercial possession of pre-Convention ivory and post-Convention ivory items are allowed to conduct local trading, which subject to licensing control. As a measure to protect culture relics, the trade in antique ivory (ivory that occurred before 1 July 1925 with the circumstances as prescribed by the Ordinance) will continue to be allowed. Import and re-export of antique ivory require a License to Import/ Re-export and a Pre-Convention Certifi cate. The possession for commercial purpose of all ivory (save for antique ivory) including pre-Convention ivory and post- Convention ivory will be prohibited from 31 December 2021. Electrical appliances and mechanical goods All electrical appliances and mechanical goods are sold as is, and should not be assumed to be in working order. Before use, electrical appliances must be inspected and approved by a qualifi ed electrical technician. Language The Chinese versions of the Conditions of Business for Buyers, Conditions of Business for Sellers, and all other documents such as the terms, conditions, notices, forms, etc. contained in the Catalogue, announced by the Auctioneer or provided in the auction venue, as well as of the descriptions of the Auction Properties in this Catalogue shall prevail, and the English versions are for reference only. Copyright Every reasonable effort has been made to locate, contact and acknowledge copyright owners. If any proper acknowledgement has not been included here, copyright owners are encouraged to notify the Company. The Company also welcomes any information that clarifi es the copyright ownership of any material displayed. The copyrights in this Catalogue vest in the Company. Without the written permission of the Company, no part of this Catalogue may be reproduced or otherwise used in any manner.
