size：54 × 65 cm. 21 1/4 × 25 5/8 in. 款識
無極Zao（右下）雙峰 Zao Wou-Ki 1952年五月-1953年六月（畫背）
出版
2019年，《趙無極全集第一卷1935-1958》，弗拉馬利翁出版社暨趙無極基金會出版，巴黎，第165頁 Signed in Chinese and English on bottom right; titled and dated in Chinese, signed in English on the reverse
LITERATURE
2019, Zao Wou-Ki catalogue raisonné Vol.1 1935 – 1958, Groupe Flammarion / Foundation Zao Wou-Ki, Paris, p.165 來源
巴黎皮埃爾?勒布畫廊
1956年，紐約拉裡?阿德里奇收藏
杜伊斯堡雷迪斯畫廊
1978年，司圖加特羅蘭?韓塞爾夫婦收藏
2017年3月30日，司圖加特納高拍賣「馬努斯出版社創始人韓塞爾收藏專拍」，拍品編號1102
現亞洲重要私人藏家直接購自上述來源
附：趙無極基金會開立之作品證書
註：阿德里奇為美國時裝產業龍頭暨收藏家；韓塞爾夫婦於1961年成立知名藝術出版社馬努斯
廣納天地無垠，蘊藉東西精粹
趙無極《雙峰》下的桃源夢
「趙無極開闢了歷史上新的一頁。」
——法國《每日郵報》1951年6月24日
法國前總統希拉克（Jacques René Chirac）稱他「中法瑰寶、其嶄新與充滿智慧的繪畫語言集中法兩大民族的傳統，震驚當世」；中國國家主席習近平說：「欣賞趙無極中西合壁的畫作，讓我提昇了藝術鑑賞能力」；藝評家賈方舟言其為：「最早在西方獲得成功，也是最早受西方認可的中國畫家」；美國《生活》雜誌則稱他是「來自中國的一顆彗星！」。二十世紀現代藝術大家趙無極，在他自1935年入杭州藝術學院求學，至2013年辭世，在逾七十年的創作歷程中，他不斷於藝術追索的道路上突破自我，在一連串的摸索、建立、推翻、重構創新中，他馳騁於歐美與亞洲藝壇，在東西方的藝術高峰上，寫下了他的名字與豐碑。
其生前曾在世界各地發表逾百次個展，作品被全球132家博物館與重要機構收藏，包括巴黎羅浮宮、龐畢度、紐約大都會美術館、現代美術館、西班牙畢爾包美術館、東京石橋美術館等，此資歷在亞洲現代藝術史上無人能敵。而今年9月，杭州中國美術學院美術館特與巴黎龐畢度、現代美術館等合作，舉辦「大道無極——趙無極百年回顧特展」，為期半年的大展，除作為慶祝「中法交流六十年」的重要文化盛事，亦彰顯了趙無極卓絕顯赫的藝術地位。
名人收藏，鋒芒乍現之藝術經典
回溯趙無極在西方藝術世界首先閃耀光彩，始於1950年。彼時赴法僅兩年的他，已逐漸在巴黎站穩腳步，生活上結交了許多好朋友，如詩人米修（Henri Michaux）、藝術家哈同（Hans Hartung）、賈克梅蒂（Alberto Giacometti）等，而在藝術事業上，他受巴黎知名畫廊主皮埃爾?勒布（Pierre Loeb）的賞識，在一次工作室拜訪後，一舉買下多達12件趙無極的畫作，並與他簽下代理約，開啟了長達七年的合作，此讓趙無極在經濟無憂之餘，致力於打開藝術與生活的疆界。是次秋拍，我們榮幸帶來趙無極完成於1952至1953年的《雙峰》，此作最早即出自皮埃爾畫廊，藉此一展其乍放光芒時期的經典創作特色，與當中蘊含的獨特思想。
《雙峰》來源有序，曾先後由美國知名時裝設計師阿德里奇（Larry Aldrich）與藝術出版社馬努斯（Manus Presse）創辦人韓塞爾夫婦（Roland H?nssel and Waltraut H?nssel）收藏。前者在1940年代設計事業版圖大開之際，開始建立其藝術收藏，截至1950年代末期，阿德里奇的藏品含納廣泛的印象派、表現主義大家如：莫內（Claude Monet）、雷諾瓦（Pierre-Auguste Renoir）、塞尚（Paul Cézanne）、克利（Paul Klee）、高更（Paul Gauguin）等與數件趙無極之作，《雙峰》即被納入其收藏之列，此突出了趙無極的創作在彼時即受國際收藏家青睞。而韓塞爾在1961年成立以著重藝術類書籍出版的馬努斯出版社，與許多當代藝術家如超現實主義代表達利（Salvador Dalí）、恩斯特（Max Ernst）、地景藝術家克里斯多（Christo）等交好，其於1978年輾轉購得此作，在過去近40年來悉心珍藏，惜之愛之，是次釋出，甚為難得。
以簡馭繁，心手合一
真我繪畫語言的誕生，符號化的世界
「趙無極的畫中活著符號。他把它們逐漸從表殼和血肉剝離出來…符號是流露著世界深遠的根的痕跡和烙印，記載著他的中國書香世家的教誨，傳遞一種對於世界的理解，他從一個神祕的傳統吸取力量。在中國，創造不是文字，而是符號。它們是創造者留下的足跡，是通向宇宙的道路。」
——法國前總理德維爾潘（Dominique de Villepin）
回憶剛到法國的1948年，巴黎的一切都讓趙無極感到新鮮，他張開雙手擁抱新的文化，並從中吸取養分，每天至美術館親炙從文藝復興時期到當代西方藝術大師之作、在教堂與各色建築中，觀察西方繪畫與造型的原理，並勇於嘗試新事物與技法，如在1949年他至迪斯裘柏（Desjobert）工作室學習版畫。然而此時如他自言：「我的畫風還沒有成形，一切還在頭腦中如風暴蘊釀」，直到1951年，其創作進入到一個關鍵性的突破，趙無極標誌性的個人風格開始成形。彼時在瑞士行旅的他，偶然接觸到克利的繪畫便目眩神迷，其指出:「克利把物象變成符號，在多重空間中營造一種輕盈靈動的詩意，與遼闊的空間感，他對中國繪畫的理解與喜愛是很明顯的。」此深深震撼了趙無極，讓他如頓悟般地開始重新檢視其東方母體，進而從中提取美學的養分，自1951至1953年，其創作步入一個「符號化」的世界，從中又保留了半具象的元素與指引，使其創生出一系列極易引人共鳴、受人喜愛的作品。如雕塑家賈克梅蒂即特別鍾情趙無極該時期的畫作，言「畫中有一種顫動的東西，充滿生命力」。是次上拍的《雙峰》，即誕生在這樣的背景中。
天地人共生共榮，合宇宙萬物為一
趙無極開始直面他的東方身分，由中國的母體文化傳統中，蒸餾出其所認同並珍視的美學精粹，將之加以轉化、融會貫通地以西方媒介來表現。在此橫幅的作品中，他特別選用了如商周青銅器與甲骨文的青綠為主色調，透過色階與明度的深淺變化佈構全局，刻意營造出一種如漢代畫像磚、漢碑般帶有蒼茫悠遠的歷史感，而此鬱鬱蔥蔥的綠色彩，亦是大地中的自然色，象徵「生命的源起」。有別於1948年早期創作的《山色風光》，趙無極在《雙峰》中大膽捨棄了對於自然景物過於細節的刻劃，他沿襲東方「以簡馭繁」的博大美學，將世界凝縮至我們眼前所見的景致——他以三段式的構圖佈構出天、地、人，三層空間，將自然與景物做出最為精煉的符號式描寫，西方的單點透視與東方的散點透視，在此毫不相悖地交融在一起。趙無極以細如銅刻般的有力線條，透過輕重緩急的變化，在平面的圖示中巧妙地塑造出景物的立體感，並且由上至下勾勒出：廣闊的天空、橫亙的圓月、符號化的重山、碧波、風動、纏綿起伏的江水若言說穿越古今的時光荏苒，與一排象徵人類文明結晶的建築體。其中，最左帶有雙塔的造型建築，正巧妙呼應了巴黎聖母院的外貌。而在其前方，不偏不倚，恰恰是整張畫面的正中心下方，一條帶著強烈透視的道路在我們眼前展開，彷彿歡迎觀者的到來，進入畫中的世界。當中，宇宙被凝縮成天空、山川與建築三個至簡的元素，天、地、人若合而為一，帶給觀者一種如莊子所言之「天地與我並生」強烈的靜謐與包容，感受那自然廣渺而悠遠的力量、聆聽大地脈動如畫中起伏線條的心音。
趙無極若將世界之寬、天地之闊包容於我們眼前之境，給人無限的心靈震撼與撫慰。而在那幽渺的夜空中，在圓月旁幾抹畫龍點睛的紅彩，透過和背景戲劇性的色彩對比，強化了赤月當空照的自然魔幻與神秘力量，令人聯想起《喜月》新詩中所描寫的：「今夜靜無風，紅燈掛碧空，人間逢盛事，萬眾眺蟾宮」，抑或王維在《山居秋暝》中所述：「明月松間照，清泉石上流」，帶給觀者一種探索的嚮往與徜徉，及對自然一種真切的崇敬之心。作品如同文學家程抱一所言：「畫面色調幾乎是單色的，但內蘊無限深邃，與畫家內心所捕捉的風景配合巧妙，仿似依憑記憶，重新創造，其中最奪目的，是那些線條，畫中的形象早已被濃縮成最嚴密的骨幹。它們是一些類似雕刻出來的線條，同時銳利而又籠統，可做多倍的變奏。陰柔與陽剛的混和效果，通過不同紋路的排列而表達出來。我們但見眾線條蜿蜒穿過風景，引領步伐卻不曾抑止跳躍，區分範圍卻不曾關閉密封，畫中風景儘管全部靜止，仍能給人一種輕快的印象，彷彿它們隨時準備飛越。」且讓我們深入其中，感受那充滿生命的寶蘊，在城市中遁入桃源。
美學的復興，朦朧與詩情
「趙無極以書法的鋒芒結合富於空氣感的深度…，表現了一個中國人對於三度空間的直覺，一個中國藝術家關心的從來不是事物的表面，他總是洞察潛藏在事物後面的東西，而充溢在許多傳統中國畫中的那種煙霧迷濛的遠景，總是暗示一個超過眼界的真實境界。」
——英國藝術史學家蘇立文（Michael Sullivan）
回憶趙無極童年時期，每當過年時，其銀行家父親會拿出珍藏的米芾作品闔家共同欣賞之，此亦影響了成年後的趙無極。在中國繪畫史中，他特別心儀宋畫的表現，認為那是中國藝術的頂峰，尤其鍾愛米芾與趙孟頫之作。而在《雙峰》中，他亦將中國書畫中最為精湛的「留白」美學，轉化以此畫境中深黝朦朧、富含多層次相近色調變化的空間。以有色的油彩建構出一個帶有詩意指涉的，一個如夢的空間。作品與米芾的《春山瑞松圖》展現有趣的呼應，趙無極不直指一物，但在那朦朧的夜空之中，流星幻化成色點從上垂直墜下，月光輕灑山頭，遠山微亮，在那悠遠的山巒與大地之上，可想見草木華滋，流水涓涓，波光淋漓，風在顫動，雲在飄遊，飽含斑斕絢麗的生機。正如文學家郁風所言：「趙無極的畫充滿詩情，似乎宇宙之大、草木之微，都能為他所有。在那空間裡，我們能自由呼吸，往來自如。」而當中那與自然相對的西式建築物，則閃耀著人類文明的奇蹟，歌頌著屬於當代人的喜悅、希望與嚮往，鑠鑠生輝！
作品由趙無極命名為「雙峰」，此不僅僅是形象上的山峰，亦揭示了他在藝術創作中兩個如大山般的母親——「中國」與「法國」。他將之視為自身兩大文化根源，他由東方走向西方，而由西方重新回頭發現、認識、肯定東方民族血脈中的獨特美學，東西方的優點均滋養了他，亦都為其所用，由此，他走向繪畫的新生。 RPOVENANCE
Galerie Pierre Loeb, Paris
1956, Collection of Larry Aldrich, New York
Galerie Redies, Duisbourg
1978, Collection of Roland H?nssel et Waltraut, Stuttgart
30 March 2017, Nagal Stuttgart, Roland H?nssel, Gründer der Manus Presse Collection, Lot 1102
Acquired directly by present important private Asian collector from the above
This work is accompanied by a certificate of authenticity issued by Foundation Zao Wou-Ki
Note: Larry Adrich was a pioneer in the U.S. fashion industry and an art collector; Mr. and Mrs. H?nssel had established renowned publishing house Manus Presse in 1961
Boundless Universe Imbued with Eastern and Western Essence
Dreams of Paradise in Zao Wou-Ki's Deux Cimes
“Zao Wou-Ki Turns a New Page in History.”
——France Daily Mail June 24, 1951
During his lifetime Zao held over 100 solo exhibitions at venues around the world and his works have been collected by 132 art museums and important institutions, including the Louvre Museum in Paris, the Centre Pompidou, the Metropolitan Museum of Art in New York, Bilbao Fine Arts Museum in Spain and Bridgestone Museum of Art in Tokyo, a resume unmatched by any other modern Asian artists. In September 2023, the China Art Academy Art Museum in Hangzhou, the Centre Pompidou and the Paris Museum of Modern Art will hold a six-month exhibition titled “Boundless Path: Centennial Retrospective of Zao Wou-Ki.” Other than celebrating “60 years of Sino-French Exchanges,” this cultural event also underscores the elevated artistic position and great esteem with which Zao Wou-Ki is still held.
Renowned Collectors, a Brilliant Artistic Classic
Zao first made a splash in the Western art world in 1950, at which time he had been in France for two years and gradually started to find his footing in Paris. Zao Wou-Ki's paintings were very much admired by Parisian gallery owner Pierre Loeb and on one occasion after visiting the artist's studio he bought 12 works, which marked the beginning of a cooperation that lasted seven years. For the autumn auction, we are honored to present Deux Cimes which was completed from 1952-1953 and can be traced back to Loeb's gallery. The painting showcases the classic creative features of Zao's work when he first made a name for himself and the unique ideas reflected therein.
Deux Cimes has a very clear provenance and was previously owned by renowned American fashion designer Larry Aldrich and Manus Presse founders Roland H?nssel and Waltraut H?nssel. Aldrich started to collect art when his fashion design business was booming in the 1940s and by the late 1950s his collection included works by impressionist and expressionist masters: such as Claude Monet, Paul Cézanne, Paul Klee, Paul Gauguin etc. as well as several paintings by Zao Wou-Ki. Deux Cimes, been part of the collection, underscores the fact that at that time Zao's paintings were favored by international art collectors. In 1961, H?nssel established Manus Presse dedicated to the publication of art related books and worked with many contemporary artists such as surrealists Salvador Dalí, Max Ernst, and landscape artist Christo. In 1978, Deux Cimes was bought and remained as a treasured part of their collection for almost 40 years, making the work a genuine rarity in auction.
From Simplicity to Complexity, Hand and Heart as One
Birth of True Self Painting Language and a World of Semiotics
“Semiotics live in the works of Zao Wou-Ki. He gradually cuts them from their shell, flesh and blood ... semiotics reveal the marks and imprints of roots from the very depths of the world, carry with them the teachings of his scholarly Chinese family and convey an understanding of the world as he takes strength from a mystical tradition. In China they created not words but semiotics and the footprints left by their creators map a path to the cosmos.”
——Former Premier of France Dominique de Villepin
Recollecting his first impression on arriving in France in 1948, Zao remembered finding everything in Paris fresh and appealing. He embraced a new culture, and every day visited museums to be close to works by artistic masters from the Renaissance and contemporary Western art. In that way, he observed the principles of Western painting and style and developed the courage to try new things and techniques. For example, in 1949 he studied printmaking at the studio of Desjobert and as Zao said of this time: “My painting style had not yet taken shape, everything was still in my head like a brewing storm.” In 1951, the artist made an important breakthrough in his creative work and his iconic personal style started to take shape. At that time, while visiting Switzerland Zao occasionally encountered the paintings of Paul Klee which and found them dazzling, commenting: Klee turns objects into semiotics, crafting a light and agile poetry and vast spatial sense in multiple spaces, in a way that makes clear his understanding of and love for Chinese painting. This discovery deeply surprised Zao Wou-Ki and led to an epiphany that caused him to reexamine his Eastern roots, from which he took aesthetic sustenance. From 1951 to 1953, Zao's paintings embraced the world of semiotics, while retaining semi-representational elements and guides, as a result of which he created a series of works that very much resonated with people and which many fell in love with. Sculptor Alberto Giacometti, who was a noted fan of Zao's works in this period, said: “There is something thrilling in the paintings, they are replete with life energy.” Deux Cimes was created against this backdrop.
Heaven, Earth, People as One with the Universe
As Zao Wou-Ki started to reexamine his Chinese identity, he extracted the aesthetic essence with which he identified and cherished from Chinese culture, masterfully transforming and expressing it through Western media. In this horizontal painting the artist chooses lush green associated with bronzeware and oracle bones from the Shang (1600-1046 BCE) and Zhou (1046-256 BCE) dynasties as the main colour tone. By marking the whole work with colour gradations and changes in the degree of lightness, he deliberately crafts a sense of history as from feeling of antiquity and distance associated with Han Dynasty (202 BCE – 9 AD, 25–220 AD) stone reliefs. This lush green is also the colour of nature and symbolizes “the origins of life.” Unlike Paysage de Montagne painted by Zao in 1948, in Deux Cimes he boldly moves away from overly detailed depictions of natural scenery, in favor of the Eastern preference for erudite aesthetics and “simplicity over complexity” – condensing the word into the scene presented to the viewer. The three-section composition is comprised of three spatial layers representing heaven, earth and people, showcasing nature and scenery in the most refined semiotic depiction, with the Western one-point perspective and Eastern multi-point perspective perfectly combined.
Zao Wou-Ki employs fine powerful lines like bronze engraving, and through changes in weight and speed ingeniously crafts a sense of three-dimensional scenery from two dimensional pictures. From top to bottom he depicts a vast sky, a round moon, mountains, green waves, the wind, an undulating river and a line of building structures that symbolize the crystallization of human civilization. At the far left there is what looks like two pagodas, which exquisitely echo the exterior of Notre Dame Cathedral in Paris. Directly in front of this a straight, perspective-oriented road below the centre of the painting opens up in front of us, as if inviting the viewer into the world of the painting. In this presentation, the cosmos is condensed into three simple elements: sky, mountains and rivers, and buildings, with heaven, earth and people as one. This imparts to the viewer a powerful sense of harmony and inclusiveness reminiscent of the words of Zhuangzi: Heaven, Earth, and I were produced together. It also conveys the power of natural vastness and distance, listening carefully to the heart beat of nature
Zao's ability to present the breadth of the world and the vastness of the universe in the scene is both a boundless spiritual surprise and a comfort. Within this barely discernible night sky, next to the moon the artist adds several red brushstrokes as a finishing touch. This dramatic colour contrast with the background heightens the natural magical power of the red moon lighting up the world below. In so doing it also brings to mind the words of a new poem Joyful Moon: “Tonight all is quiet there is no wind, a red light hangs in the green sky, grand occasions take place around the world, but everyone stares at the moon”, or alternatively the words of Wang Wei (701-761) in An Autumn Evening in the Mountains: “The bright moon shines between the pines, the clear spring water flows over the stones.” Such sentiments make the viewer yearn to explore and wander but also reflect a profound respect for nature.
Reviving Aesthetics, Haziness and Poetry
“Zao Wou-Ki combines the radiance of calligraphy with a depth that is rich in atmosphere ... expressing the instinct toward three-dimensional space of a Chinese person. A Chinese artist never concerns himself with the exterior of an object but rather always observes things hidden behind the object and the haze-shrouded distant scenes that fill many traditional Chinese paintings invariably allude to a real world beyond the physical world we can see.”
——English art historian Michael Sullivan
If we look back at the childhood of Zao Wou-Ki, every Chinese New Year his banker father would display a painting he had collected by Mi Fu (1051-1107) for the family to appreciate and this influenced Zao in adulthood. In terms of the history of Chinese painting the artist particularly favored Song Dynasty paintings which he considered to be the peak of Chinese art and fell in love with works by Mi Fu and Zhao Mengfu (1254-1322). Against that backdrop, Zao takes the “blank space” aesthetic that is such an integral part of Chinese painting and calligraphy and transforms it in Deux Cimes into space that is dark, hazy and imbued with multiple rich layers of approximate colour changes. In this way, he uses coloured oils to construct a dreamlike space. Indeed, there is an interesting similarity between this piece and Mountains and Pines in Spring by Mi Fu. Although Zao does not directly depict objects, in the hazy night sky meteors are changed into coloured dots and plummet from top to bottom, the moonlight is lightly sprinkled on the mountain tops and the distant peaks are barely lit so the viewer can imagine grass fluttering in the wind, trickling streams, shimmering light in the water, floating clouds and a brightly coloured life on the mountains and land in the distance. Moreover, the Western style building juxtaposed to nature illuminates the miracle of human civilization, eulogizing the joy, hope and yearning of modern people.
Zao Wou-Ki named the work Deux Cimes and this symbolizes not only the image of mountain tops, but also reveals the sources of inspiration for his artistic work -- China and France, which he embraces as two sources of culture. In 1948, Zao traveled from China to France and in 1951 he looked back from his home in the West and in doing so rediscovered and came to better understand and affirm the unique aesthetics of the East. The strengths of East and West nourished Zao Wou-Ki and by making full use of both in his art he breathed new life into painting
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.
