油彩 畫布 二〇〇四年作 款識
王懷慶(右聯右中)
出版
2005年,《王懷慶——天工開物》,仁畫廊,香港,第26至27頁
2005年,《今藝術》八月刊,台北,封底
2007年,《王懷慶藝術展》,大未來畫廊藝術有限公司,台北,第126至127頁及第192頁
2010年,《走出故園――王懷慶作品選》,Ediciones Polígrafa出版社,巴塞隆納,第285頁 展覽
2005年8月,「王懷慶——天工開物」,交易廣場,香港
2007年9月15日至10月28日,「City to City:台灣當代壹拾伍人行」,大未來畫廊,台北
2007年12月3日至12日,「天工開物——王懷慶藝術展」,上海美術館,上海
2010年11月18日至2011年4月10日,「走出故園――王懷慶藝術展」,西雅圖藝術博物館,西雅圖
來源
台北大未來畫廊
現亞洲重要私人藏家直接購自上述來源
註:每聯畫背貼有台北大未來畫廊及上海美術館之展覽標籤
以斧劈金石之力
開創磅礡大境
王懷慶「天工開物」系列博物館級巨構
「斯文千古之不墜也,注玄尚白,其功孰與京栽?離火紅而至黑孕其中,水銀白而至紅呈其變。造化爐錘,思議何所容也。」
——宋應星《天工開物》
明代科學家宋應星在1637年發表了一本今日被稱之「東方百科全書」的《天工開物》,全書詳述了兵器、火藥、磚瓦、陶瓷、紡織、紙、墨和顏料等的製作方式。如其前言,知識與文化之所以能流傳千古,全憑「注玄尚白」,即「白紙黑字」的記載,而大自然的熔爐變化萬千,火是紅色的,其中卻醞釀著最黑的墨煙,水銀是白色的,但最紅的朱銀卻由它變化而來。真是不可思議!其除點出了黑墨與白紙的重要文化性意義,全書也強調人應「順應自然」的精神。天工開物作為一本著作,除釋現老祖宗千年的智慧,也作為一種東方精神的本根:探討事物的本質、對自然懷抱崇敬之心。而對於出身木工之家的王懷慶而言,此本質與創造性思考,亦是他從小在木造工藝所經驗、所體察、所實踐的現實生活,對他別具意義。
自信與通達:天工開物如入無人之境
王懷慶自2003至2011年創作了七件以「天工開物」為名的系列之作,藉由五件畫作、兩件雕塑,以不同角度深探該主題,王懷慶自言,這是他「第一次把中國的一部書名引入其思緒與畫題。《天工開物》一書詳實地告訴人們怎樣通過『人工』來『造物』,但書名不說『人工』只提『天工』,不談『造物』只論『開物』,其中的奧妙正是中國絢爛文化創造的秘笈!」,此令他深深著迷,足顯該系列作品的箇中要義,與在其創作中的所具的特殊性。而是次春拍隆重呈現的,即為該系列尺寸最大(達200x360公分)、最為磅礡的博物館級重要三聯畫作——《天工開物-4》。綜觀藝術家畢生創作,迄今超過200x300公分的大畫僅不逾25件,此為其一,足見其分量,與王懷慶在兩千年後欲挑戰、征服大型畫布空間的雄心與魄力、「渴望將普通畫布賦予不朽力量的訴求達到顛峰」,以及全身心投入繪畫逾40年,由1960至1970年代中央工藝美術學院的科班訓練,到1980年成為「同代人畫會」的引領者,走過1986年在「江南民居」系列對於中國古建築結構、空間、情感的探討,到1989年膾炙人口「明氏家俱」系列的創生,至90年代對於結構進行進一步的解構、重構與新創;步入2000年,王懷慶已然深獲海內外藝術界的認同,如英國藝術史學家蘇立文(Michael Sullivan)讚其:「創作形式至思維的深邃精妙已達超凡之境」;西雅圖藝術博物館館長考維特(Derrick Cartwright)稱他「名列傑出中國在世藝術家前茅」。其創作進入到一種昂揚自信與自我通達的狀態,表現在繪畫上更顯大膽,進一步展現超越平面性、對於「精神性」的追求,而如知名藝評家賈方舟所言那「里程碑式」的作品——《天工開物-4》由此誕生。
黑的攝人張力:凝鍊的東方美學精粹
「王懷慶的藝術經歷了從具象、意象到全抽象的過程。他睿智地從傳統文化資源中找到了自己藝術的出發點,從而使他的藝術與傳統文化既具有一種批判的姿態,又保持著深刻的內在聯繫…他甚至不惜放棄油畫在色彩上的優勢,而以單一的『墨色』為主,更突顯出一種獨屬於中國的藝術趣味…他通過自己的藝術努力以大開大合、深入簡出的個人化方式,把中國傳統文脈成功地『切換』到當代語境,使上千年的中國文脈順暢地延伸到當代。其功績顯赫,有目共睹。」
——藝評家賈方舟
在《天工開物-4》三米六的偉岸畫布之上,王懷慶拋棄西方油畫鮮妍的色彩,將色彩凝縮到以最極簡的黑、白與咖啡色彩之上。當中,占據畫幅最大空間的,便是那攝人心魄的黑彩。迥異於90年代藝術家絕大多數的作品中如《金石為開》或《五千歲》中對於黑色塊面採取平面式的單一處理,在此,王懷慶刻意以沾染著大面積的黑與些許白彩的筆刷,層層揮灑,突出筆勢運動的痕跡與層疊的肌理感,雖然僅以黑為主色,但透過不同方向性的筆刷、下筆的輕重緩急、實筆與虛筆之間的關係,製造出令人目不暇給的豐富性與戲劇張力。如自左聯上方可清晰見到筆刷急促在撇捺旋轉間運動,如奔騰的飛瀑流泉,創生出一種勃然而發的強大氣韻,正如藝術家董小蕙在讀王懷慶之作時的覺察:「黑色的線條性格隱藏著一份來自堅韌的生命力道與生存意志,有如『工匠手持斧鑿砍削巨木材質的粗獷斧痕』,畫家在畫布上捕捉並重現那遠自於原始簡單的生活條件下,工匠腦中閃現的民族智慧與美感特質,以及那一份關照生命的歷史祈願」。畫中一道道的黑,正如斧痕,示現天工開物的過程和藝術家強大的生命意志!
縱橫古今,思緒的遠行:從傳統到當代語境的串聯
在線條之中,觀者幾乎可以想見藝術家的手與身體如何扭轉、如何運動,下筆如同其呼吸,記錄下他的龐然心緒。由「黑」出發,我們遁入了一個冥想的空間,在那裏,我們若見司馬遷用盡一生以密密匝匝的文字書寫出的史記,透過王懷慶時而外放潑辣,時而凝縮內斂的筆道,我們躍入了對中國書法千年流變的懷想,強烈的感受一重重如海波浪向觀者襲來,當中令人若見殷商甲骨文的稜角、秦朝篆書字形的蜿蜒曲折、感受金石的厚重、如顏真卿筆力的磅礡雄渾,又或草聖張旭的豪放灑脫、米芾的簡勁連綿、筆走龍蛇,這些複雜的情感和冥想,一一由王懷慶畫中那多面、充滿律動感和表情的「黑」中生發,王懷慶透過「黑」的運用,上下聯通了中國美學的書藝核心,並「把中國傳統文脈成功切換到當代語境」,給予它新的生命。此呼應藝術家所言:「自上世紀80年代初,偶然被江南古老的傳統建築物中的黑樑黑柱黑窗黑瓦所刺激,一口氣畫了一批『黑畫』,讓我愛上了『黑』… 40多年來,我一直沉浸在『黑』色中。我力圖在『黑』中有一種人的『溫度』,有一種思想的『遠』與精神的『空』。這或許是祖先鍛造松煙墨的餘溫,亦或是先賢對萬事探究的空谷迴響…。」透過《天工開物-4》中具有不同姿態與表情的「黑」,王懷慶帶領觀者的思緒與精神突破身體與現實的侷限,穿越時空、縱橫古今,達到一個廣博的自由之境。
東方宇宙觀的示現:對自然的崇敬與創造的終極追求
除此之外,在那片深黝的黑彩之中,藝術家巧妙地將黑分以「虛實」,若靜心觀之,可在畫面的左下與中右區,見到被實密黑彩所填滿的一座若起伏橫亙的山脈,及一輪若太陽或月亮的橢圓,它們有別於其外帶有動勢的層層筆刷,展現出一種安定的靜謐力量。而這樣自然意象,亦深刻體現了王懷慶在《天工開物》一書中所獲得的靈啟,與一種獨屬於東方的宇宙觀,即人與自然並非如西方世界觀之「對立」,而是「天地與我並生,萬物與我齊一」的合諧共存,即便是在創造的大爆發動勢中,都帶有一種順應自然的柔軟、及對天地自然鬼斧神工的崇敬,「以自然為師」。以及在其中企圖以「人力」達致「神力」,展現對於創造、超越的永恆追求,此賦予了作品更為深層的意義。
斧劈刀刻的白:
不朽精神力量的迸發
「花了很多年科班,可以把物件塑造得十分『立體』了,而今,又花了不少力氣,再把物件畫『平』壓『扁』,目的只有一個:平面展開的東西,來的更強烈。」
——王懷慶
在2003年的《天工開物-1》系列初篇中,王懷慶具體描繪了許多木造物件的一角及橫豎穿插的榫卯結構,木結構如其創作母語,貫穿自90年代迄今的創作。在這當中,「榫卯」更為其重要核心,王懷慶認為此為獨屬於中國民族工藝美學的智慧結晶、從中看到了自身東方文化強大的價值與意義。「榫卯」便成為他不斷描繪的客體,從具象到意象、立體到平面,而至2004年的《天工開物-4》,他進一步將此構造由平面化為「圖像性」與「精神性」的表達,走出了一條創作新路。
畫作中的白線條起伏連綿,左右橫貫、上下穿梭,自然地連接起三聯的畫布空間,而其中的凹凸,正如榫卯的結構,彼此相合、互相支撐又帶有一種彈性,畫中的白線條並非僵硬的直線,一條條皆為帶著呼吸斷續、起伏的曲線,此亦呼應了老子所言「大直若曲」,蘊含強大的東方精神內核和人生觀。而這白線的構成細觀之特別有趣,它不是一筆而就的勾勒,也並非留白,而是帶著許多層次與肌理,箇中的秘密如王懷慶所闡釋:「白線是這幅畫的神經、骨架和脈絡。白線畫好了,此畫可立,白線畫壞了,此畫即廢。若用白色直接勾畫易浮淺,若留白又易做作不自然,它必須細而有力,貫穿全局支撐天地,以斧劈刀刻的金石味襯出大塊黑色橫塗縱抹的氣勢。」而那「如斧劈刀刻」的側鋒,正是白線的玄機所在,王懷慶以最終極的對比,以細而有力的白,突顯縱橫的黑,拉開了戲劇性的張力,而當中畫龍點睛的咖啡色彩則增添躍動的生氣,細細品味,藝術家的妙心自現!
正如藝評家皮道堅所言,我們「很難用抽象、具象、寫實、寫意這樣一些常用的概念和術語來討論王懷慶的繪畫,但我們能夠感受其作品的精神內核和老莊哲學所孕育的精神文化高度統一。」《天工開物-4》是王懷慶由影響中國幾代人的百科全書著作所提取出東方民族在實作中追求如「神性」的終極創造性表達、東方老祖宗智慧的結晶、老莊順應自然的哲學、中國書法中黑彩鮮妍萬變的表情、中國古老建築中黑色的磅礡與滄桑的精粹,將之作以個人抽象化的表達,汲古而出新,作品使我們在對歷史的回望中,生發對自身民族文化、美學個性與特殊性的珍重、情感與詩意的想像,作品無疑將是藝術家留給未來藝術史的重要經典之一。 Oil on canvas 200 × 360 cm. 78 3/4 × 141 3/4 in. Painted in 2004 Signed in Chinese on middle right of the right piece
LITERATURE
2005, Wang Huaiqing- Traces of Nature, Yan Gallery, Hong Kong, p. 26-27
2005, ARTCO Issue 8, Taipei, backcover
2007, Art of Wang Huaiqing, Lin & Keng Gallery Inc, Taipei, p. 126-127 and 192
2010, Wang Huaiqing – A Painter's Painting in Contemporary China, Ediciones Polígrafa, Barcelona, p. 285 EXHIBITED
Aug 2005, Wang Huaiqing- Traces of Nature, Exchange Square, Hong Kong
15 Sep – 28 Oct 2007, City to City, Lin & Keng Gallery, Taipei
3 – 12 Dec 2007, Traces of Nature: Art of Wang Huaiqing, Shanghai Art Museum, Shanghai
18 Nov 2010-10 Apr 2011, Wang Huaiqing-A Painter's Painting in Contemporary China, Seattle Art Museum, Seattle
PROVENANCE
Lin & Keng Gallery, Taipei
Acquired directly by present important private Asian collector from the above
Note: An exhibition label of Taipei Lin & Keng Gallery and an exhibition label of Shanghai Art Museum are affixed on the reverse of each panel
Creating a Majestic Scene Through Rock Breaking Power
Wang Huaiqing's ‘Traces of Nature' Series Masterpiece
“The unbroken continuation of this culture is attributable to written words on paper and what is comparable to this? Red fire gives birth to black ash, vermillion red is derived from white mercury. The furnace hammer of creation is truly amazing.”
—— Song Yingxing Tiangong Kaiwu (Exploitation of the Works of Nature)
In 1637, Ming Dynasty scientist Song Yingxing published Tiangong Kaiwu (Exploitation of the Works of Nature) which is often today referred to as the first Chinese Encyclopedia, detailing how to manufacture weapons, gunpowder, bricks, textiles, paper and ink. As the above quote suggests, the reason knowledge and culture has been handed down for a Millennium is attributable to those facts being written down and recorded over time. There are the infinite changes in the cauldron of nature, so fire is red but it also creates the blackest of smoke, mercury is white but crimson vermillion red comes from it. Such things are barely imaginable but other than emphasizing the important cultural meaning of black ink and white paper, the encyclopedia also emphasizes the importance of “following nature.” As a written work Tiangong Kaiwu not only highlights the wisdom of our ancestors over millennia it also displays the roots of eastern wisdom; namely discussing the essence of things and respecting nature. For Wang Huaiqing, who came from a family of carpenters, essence and creative reflection was reflected in his experience working with wood from a young age and as a result such real life was particularly important to him.
Self-Confidence and Mastery: Traces of Nature is Like Entering a Land with No People
From 2003-2011, Wang Huaqing produced a series made up of seven works named Traces of Nature. He also recounted that this was: “the first time I have thought about the name of a Chinese book or included it in the tile of a work. The book Tiangong Kaiwu tells us in detail how people made things with their hands, but the title of the book does not mention this ‘manmade' aspect but rather only ‘Tian Gong' (work from the heavens) it does not discusses ‘making things' merely exploiting things. In this sense, the book's secret is to be found in the way it details the creation of wonderful Chinese culture.” Wang found this particularly fascinating, as can be seen from the special importance he attached to the series. On the occasion of this spring auction, we present the important triptych Traces of Nature-4, a museum quality painting and the largest piece from the series (at 200cm x 360cm). During his artistic career Wang painted no more than 25 pieces larger than 200cm x 300cm, of which this work is one, underscoring its importance. After 2000, the artist displayed the ambition and courage needed to conquer large canvases at a time when he had been painting for more than 40 years. In 1980, he was a leader in the One Generation Painting Association; in 1986 he discussed the structure, space and sentiment of ancient Chinese architecture in his Southern Chinese Homes series and in 1989 created the Ming Furniture series. By 2000, Wang was a renowned artist both at home and overseas, so much so that British art historian Michael Sullivan noted with praise that: “the depth and ingenuity of the artist's creative form and thought are extraordinary.” Seattle Museum Director Derrick Cartwright lauded Wang as: “one of the most outstanding living Chinese artists.” As his creative work entered a period of self-confidence, and self-mastery Wang Huaiqing's painting expression became bolder as he sought to further transcend two dimensions and continue his pursuit of “spirituality.” Renowned art critic Jia Fangzhou observed that the “milestone” work Traces of Nature-4 was born at this juncture.
The Breathtaking Tension of Black: Refined Eastern Aesthetic Spirit
“Wang Huaiqing wisely locates the starting point for his art in traditional cultural resources ... he does not hesitate to abandon the advantages of oil painting in terms of colour and focus instead on monotone black, highlighting an artistic appeal that is distinctively Chinese ... Through his own industriousness, impressive command of the oeuvre and by explaining profound ideas through simple individualized methods, he successfully translates the Chinese tradition of unity and coherence in writing into a contemporary context, a truly splendid and outstanding achievement.”
—— Art critic Jia Fangzhou
In Traces of Nature-4, Wang Huaiqing dispenses with the bright variegated colours of Western oil painting, condensing them down to the minimalism of black, white and coffee colour. Indeed, in this piece, most of the work is taken up by the breathtaking black. Where this differs from the two-dimensional monochrome processing of black blocks in the majority of Wang's works in the 1990s, such as Gold Stone, is that in this painting the black covers a large area with a few white brushstrokes, layered and freely painted, highlighting marks made by the movement of the brush and the layered sense of texture. Although the work is primarily black, the artist creates a richness and dramatic tension feast for the eyes through the different directionality, the weight or speed, solidity or lightness of the strokes. For example, we can clearly see the rapid hasty strokes in the upper part of the left piece revolving between the movement of left and right falling strokes, which as with the torrent of waterfalls and flowing springs creates a strong charm. Artist Dong Shaw-hwei observed: “The character of the black lines created by Wang Huaiqing contains hidden within it a life energy that comes from tenacity and the will to live. As with the ‘rough marks left by an artisan chopping down a giant tree with an axe' the painter captures on the canvas and re-presents the folk wisdom and aesthetics that flash into the head of the artisan from distant primitive and simple life conditions, and an historical invocation of life care.” The strips of black in the painting resemble axe marks, an indication of the process by which the work was created and the artist's powerful life will.
Thoughts From Past to Present: Connecting Tradition to a Contemporary Context
Within the lines viewers can imagine the hands and body of the artist twisting and moving, how he breathes as the brush meets the canvas and records his huge emotions. Starting with “black,” we break into a meditative space and it is like seeing the historical records written in densely compact text to which Sima Qian dedicating his entire life. Through the brushwork of Wang Huaiqing, which is sometimes fierce and unreasonable other times reserved and introverted, we find ourselves facing nostalgia over a Millennium of changes to Chinese calligraphy. It is almost like viewing the edges and corners of oracle bone script from the Yin-Shang Dynasty, the twists and turns of seal characters from the Qin Dynasty or feeling the weight of epigraphy, as if the vigorous and majestic brushwork of Yan Zhenqing (709-785) or the unrestrained freedom of divine-cursive writer Zhang Xu (675-750). Through his use of “black,” Wang connects to the artistic and calligraphic core of Chinese aesthetics, while also “successfully transferring the Chinese traditional unity and coherence in writing into a contemporary context,” thereby infusing it with new life, a sentiment echoed in the words of the artist: “For more than 40 years I have immersed myself in ‘black' and within that I have striven to find human ‘warmth,' ‘distance' of thought and ‘emptiness' of spirit. This is perhaps the afterglow of Chinese ink made from pine soot by our ancestors or the rumbling echo in a valley as wise men explore the world in which we live ...” Through the different postures and expressions of “black” in Traces of Nature-4 Wang uses the thinking and spirit of his audience to break through the bounds of physicality and reality, passing through time and space, reaching from past to present, and in so doing reaches a plane of freedom.
Revealing an Eastern World View: Respect for Nature and the Ultimate Pursuit of Creating
In addition, Wang Huaiqing also ingeniously differentiates between “real and virtual” black. If we meditate on this approach, it is possible to identify an undulating mountain range filled with thick dense black and an oval shape that resembles the sun or moon in the lower left and right center of the work. These differ from the layered strokes beyond infused with a sense of momentum, and instead exude the tranquil strength of stability. This natural imagery also speaks to the epiphany Wang received from Tiangong Kaiwu and a uniquely Eastern view of the world, namely that Mankind and nature do not exist in “juxtaposition” as in the Western world view, but rather coexist in harmony wherein Heaven, Earth, and I were produced together, and all things and I are one, a sentiment that infuses the work with profound meaning.
Axe-Cut Engraved White: A Burst of Immutable Spiritual Strength
In Traces of Nature-I produced in 2003, Wang Huaiqing portrays many wooden objects and a mortise and tenon structure interspersed horizontally and vertically. From these “mortise and tenon” joints we see the powerful values and meaning of the artist's Chinese culture as a crystallization of ancient wisdom. From the 1990s, Wang consistently depicted ‘mortise and tenon” joints, from representational to abstract, two dimensional to three dimensional. In Traces of Nature-I (2004) he took this a step further by transforming the structure from two dimensions into an “iconic” and “spiritual” expression and in the process forged a new creative path.
The unbroken undulating white line in the painting extends from left to right, top to bottom, the concave and convex shapes resembling a mortise and tenon structure, in that they fit together, support each other but are also infused with a degree of flexibility. However, the white lines in the painting are not hard and straight, but rather each one rises, falls and is curved with intermittent breathing, echoing the words of Laozi: “The most upright of things appear to bend.” In other words, they are imbued with a powerful Eastern spiritual core. Moreover, the construction of the white line has multiple layers and texture, the secret being as Wang Huaiqing explains: “The white lines are the nerves, skeleton, arteries and veins of the painting. If the white lines are painted well the work is a success, if not it fails. However, if the painting was in white it could easily be superficial, or if blank spaces were left it would feel unnatural. The lines must be fine and powerful, running through the whole work and holding it up, the axe-mark like feel of epigraphic inscriptions contrasting with the overpowering feel of the black. Moreover, the mystery of the white lines is to be found in the sideways stroke of the “axe-cut like inscription.” Wang makes the ultimate contrast, the fine and powerful white highlights the all-encompassing black and creates dramatic tension, while the coffee-coloured finishing touch adds a sense of vitality, allowing us to savor the artist's wonderful heart and mind.
Art critic Pi Daojian has said: “It is difficult to adopt such oft used concepts and terms as abstract, representational, realism or freehand to discuss the paintings of Wang Huaiqing, but one can feel that the spiritual core of his works is very much one with the spiritual culture cultivated by the philosophy of Laozi.” In Traces of Nature-4, Wang takes the ultimate creative expression of pursuing “spirituality” from Eastern “practice” as detailed in a classic literary work that has influenced generations of Chinese; the nature-following philosophy of Laozi and Zhuangzi; the varying gradations of black in Chinese calligraphy, the majesty and vicissitudes of black in Chinese architecture, and transforms them into personal abstract expression, creating something new based on the wisdom of the ancients. To the extent that this work forces us to cherish our own culture, aesthetic character and specialness when reviewing history, it is an important classic of emotional and poetic imagination left by the artist for art history.
CONDITIONS OF BUSINESS FOR BUYERS The following provisions may be amended by public notice or verbal notifi cation during the auction. By bidding at the auction, the Bidder agrees to be bound by the following provisions. Article 1 China Guardian (Hong Kong) Auctions Co., Ltd. as the Auction Agent Unless otherwise provided, China Guardian (Hong Kong) Auctions Co., Ltd. shall serve as the Seller’s agent. The contract for the sale of the Auction Property shall be the contract between the Seller and the Buyer. These Conditions, the Conditions of Business for Sellers, and all other terms, conditions and notices contained in the catalogue, announced by the Auctioneer or provided in the auction venue in the form of an announcement shall constitute the terms agreed among the Seller, the Buyer and/or China Guardian (Hong Kong) Auctions Co., Ltd. as the auction agent. Article 2 Defi nitions and Explanations 1. The following terms herein shall have the meanings assigned to them below: (1) “Company” means China Guardian (Hong Kong) Auctions Co., Ltd.; (2) “China Guardian” means China Guardian Auctions Co., Ltd., with its domicile at 3/F, Offi ce Area, Guardian Art Center, No.1 Wangfujing Street, Dongcheng District, Beijing, People’s Republic of China; (3) “Seller” means any person, company, body corporate or entity that offers Auction Property for sale. Unless otherwise stated or specifi cally required by the context, the term “Seller” herein shall include the Seller’s agent (excluding the Company), executor or personal representative; (4) “Bidder” means any person, company, body corporate or entity that contemplates, makes or attempts a bid in any manner. Unless otherwise stated or specifi cally required by the context, the term “Bidder” herein shall include the Bidder’s agent; (5) “Buyer” means the Bidder, including the principal of a person bidding as an agent, the highest bid or off er of whom is accepted by the Auctioneer in the auction held by the Company; (6) “Buyer’s Commission” means the commission that the Buyer must pay to the Company based on the Hammer Price at the rate specifi ed herein; (7) “Auction Property” means the item(s) that the Seller consigns to the Company for auction and which are auctioned off at the auction; (8) “Auction Date” means, for a particular auction, the date announced by the company on which the auction will offi cially commence; (9) “Sale Date” means the date on which the transaction of an Auction Property is confi rmed by the striking of the hammer by the Auctioneer or other public indication by the Auctioneer that a transaction has been struck in the auction held by the Company; (10) “Auctioneer” means the person that the Company designates to preside over a particular auction; (11) “Hammer Price” means the price at which the Auctioneer strikes the hammer, deciding the sale of the Auction Property to the Buyer, or, in the case of a post-auction transaction, the agreed upon sale price; (12) “Purchase Price” means the total amount that the Buyer is required to pay for his or her purchase of an Auction Property, including the Hammer Price plus the Buyer’s Commission, and the taxes, levies, interest and various charges payable by the Buyer; (13) “Buyer Charges” means the expenditures and expenses relating to the sale of an Auction Property by the Company, including but not limited to the charges for insurance, packing, transport, storage and custody that the Company is required to purchase in respect of the Auction Property, expenses for testing, investigation, searching or authentication of an Auction Property additionally requested by the Buyer and additional expenditures and legal expenses incurred in seeking recourse against a defaulting Buyer; (14) “Reserve” means the confidential minimum selling price for an Auction Property determined by the Seller and the Company; (15) “Estimated Price” means the estimated sales price of an Auction Property indicated in the catalogue or after other descriptive text, and excluding the Buyer’s Commission; (16) “Storage Fee” means the charge for storage that the Buyer is required to pay to the Company in accordance herewith. 2. As required by the context, the singular of a term herein includes the plural thereof, and vice versa. Unless otherwise required by the context: (i) the Buyer and the Company are herein collectively referred to as the “Parties”, and a “Party” refers to either Party; (ii) Any mention of legal provisions shall be construed as including any future amendments to, or re-enactment of, such provisions; (iii) Any mention of “person” shall include natural persons, companies, legal persons, enterprises, partnerships, individual proprietorships, governmental or social organizations and organizations comprised of more than one of the foregoing; (iv) Any mention of “Article” or “Clause” refers to the Articles or Clauses hereof; (v) The headings are provided for ease of reference only, and shall not aff ect the interpretation hereof. Article 3 Applicable Scope All Bidders, Buyers and other concerned parties participating in the auction of such collectibles as cultural artifacts, works of art, etc. organized and conducted by the Company shall act in accordance herewith. Article 4 Special Notice All Bidders and Buyers participating in the auction by the Company shall carefully read and abide by these Conditions, and, in particular, they shall carefully read the provisions hereof on the liability of the Company, the restrictive provisions, and the disclaimers. The Bidder and/or his or her agent is/are responsible for viewing the original Auction Properties in person, and shall be legally liable for his or her bidding on the Auction Properties. The Company may at its own discretion postpone or cancel any auction due to weather or other reasons and shall not be liable to make any compensation to the Bidder. Article 5 Responsibilities of the Bidder and the Company in Respect of the Auction Properties 1. The Company’s perception of an Auction Property is partly dependent on the information provided by the Seller, the Company is in no position to and will not carry out comprehensive due diligence of the Auction Properties. The Bidder is aware of this and shall be responsible for inspecting and examining the original Auction Properties so as to satisfy himself or herself in respect of those Auction Properties which he or she may be interested in. 2. All Auction Properties to be sold by the Company are available for viewing by the Bidder before sale. Where the Bidder and/or his or her agent participates in bidding, the Bidder shall be deemed as having thoroughly examined the Auction Properties, and to be satisfi ed with the condition of, and the accuracy of the description of, the Auction Properties. 3. The Bidder confi rms that numerous Auction Properties are of great age and of special types, meaning that they are not necessarily sound and free from defects. All Auction Properties are sold “as is” at the time of the auction (whether or not the Bidder attends the auction in person). Condition reports may be provided at the time of viewing the Auction Properties. Under certain CONDITIONS OF BUSINESS FOR BUYERS 理由; 將狀況與銷售予買家當日相同,並能轉移其妥善所有權且自銷售日期後 並無出現任何第三方申索之拍賣品退還予本公司。 (三) 有關現代及當代藝術、中國油畫以及中國書畫,雖然目前學術界不 容許對此類別作出確實之說明,但本公司保留酌情權按本保證但以拍賣 日後一年內為限取消證實為膺品之現代及當代藝術、中國油畫以及中國 書畫拍賣品之交易;已付之款項按本條規定退還予買家,但買家必須在 拍賣日起一年內向本公司提供證據(按本條第(二)、(四)款規定的方式), 證實該拍賣品為膺品; (四) 本公司可酌情決定豁免上述任何規定。本公司有權要求買家索取兩 名為本公司及買家雙方接納之獨立及行內認可專家之報告,費用由買家 承擔。本公司無須受買家出示之任何報告所規限,並保留權利尋求額外 之專家意見,費用由本公司自行承擔。 第三十四條 資料獲取、錄影 就經營本公司的拍賣業務方面,本公司可能對任何拍賣過程進行錄音、 錄影及記錄,亦需要向競投人搜集個人資料或向第三方索取有關競投 人的資料(例如向銀行索取信用審核)。這些資料會由本公司處理並且保 密,唯有關資料有可能根據本規則的目的或其它合法目的,提供給本公 司、本公司的分部、附屬公司、子公司、母公司、中國嘉德、中國嘉德 的分部、附屬公司、子公司、母公司,以協助本公司為競投人提供完善 的服務、進行客戶分析,或以便提供符合競投人要求的服務。在本規則 項下的交易完成後(如適用),本公司可在法律容許的合理時間內,保存 及使用已收集的個人資料。如競投人或買家欲查閱及/或更正存於本公 司的個人資料,可書面致函本公司(連同合理的行政費)提出有關要求。 為了競投人的權益,本公司亦可能需要向第三方服務供應商(例如船運公 司或存倉公司)提供競投人的部份個人資料。競投人參與本公司的拍賣, 即表示競投人同意上文所述。如競投人欲獲取或更改個人資料,請與客 戶服務部聯絡。 第三十五條 版權 賣家授權本公司對其委託本公司拍賣的任何拍賣品製作照片、圖示、圖 錄或其他形式的影像製品和宣傳品,本公司享有上述照片、圖示、圖錄 或其他形式的影像製品和宣傳品的版權,有權對其依法加以無償使用。 未經本公司事先書面同意,買家及任何人不得使用。本公司及賣家均並 未作出拍賣品是否受版權所限或買家是否取得拍賣品之任何版權的陳述 及保證。 第三十六條 通知 競投人及買家均應將其固定有效的通訊地址和聯絡方式以競投登記文 件或其他本公司認可的方式告知本公司,若有改變,應立即書面告知 本公司。 本規則中所提及之通知,僅指以信函、電子郵件、傳真或透過本公司 APP用戶端(“APP用戶端”)形式發出的書面通知。該等通知在下列時間 視為送達: (一) 如是專人送達的,當送到有關方之地址時; (二) 如是以郵寄方式發出的,則為郵寄日之後第七天; (三) 如是以傳真方式發出的,當發送傳真機確認發出時; (四) 如果是以電子郵件形式發出的,當在電子郵件記錄上確認發出之時; (五) 如本公司透過APP用戶端方式發出的,則發送當日為競投人及買家 收到該通知日期。 第三十七條 可分割性 如本規則之任何條款或部分因任何理由被認定為無效、不合法或不可執 行,本規則其他條款或部分仍然有效,相關各方應當遵守、執行。 第三十八條 法律及管轄權 (一) 本規則及其相關事宜、交易、因依照本規則參加本公司拍賣活動而 引起或與之有關的任何爭議,均受香港法律規管並由香港法律解釋。 (二) 受制於第三十八(三)條的規定,香港法院對本公司拍賣活動而引 起或與之有關的任何爭議(“該爭議”)擁有專屬管轄權。本公司、買 家及競投人同意香港法院為最合適及便利的法院以解決該爭議。因此, 任何一方不會就此提出反對。 (三) 本第三十八(三)條只受益於本公司。本公司有權於任何其他具管 轄權的法院就該爭議提起訴訟而不受任何限制。在法律允許的範圍內, 本公司可在若干司法管轄區同時進行訴訟。 第三十九條 語言文本 本規則以中文為標準文本,英文文本為參考文本。 英文文本如與中文文本有任何不一致之處,以中文文本為準。 第四十條 規則版權所有 本規則由本公司制訂和修改,相應版權歸本公司所有。未經本公司事先 書面許可,任何人不得以任何方式或手段,利用本規則獲取商業利益, 亦不得對本規則之任何部分進行複製、傳送或儲存於可檢索系統中。 第四十一條 適用時期 本規則只適用於本次拍賣,本公司可不時更新本規則,競投人和買家參 與另一次拍賣的時候應以當時適用的買家業務規則為準。 第四十二條 解釋權 日常執行本規則時,本規則的解釋權由本公司行使。如買家、賣家與本 公司發生法律爭議,在解決該爭議時,本規則的解釋權由具管轄權的法 院行使。 版本日期:2022年5月11日 本公司地址:香港金鐘道89號力寶中心一座五樓 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 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.