油彩 畫布 Oil on canvas 一九八五年作 Painted in 1985 81 × 65 cm. 31 7/8 × 25 5/8 in. 款識
朱德群CHU TEH-CHUN（左下）朱德群CHU TEH-CHUN 1985 Synthèse hivernale（畫背） Signed in Chinese and English on bottom left; signed in Chinese and English, dated and titled in French on the reverse 來源
巴黎私人收藏
2015年11月28日，香港佳士得秋季拍賣會，拍品編號17
現亞洲重要私人藏家直接購自上述來源
註：作品將收錄於朱德群基金會及朱董景昭女士編纂的《朱德群作品編年集》
淋漓神氣，瑞雪兆豐年！
朱德群巔峰雪景之作澎湃輝現
「我在大自然中聆聽宇宙、聆聽人、聆聽東方、聆聽西方，得到我的靈感源泉，賦予詩情和詩意。創作是純粹的自發的，像中國道家所說的自然無為地『吐胸中之逸氣』。」
——朱德群
1997年，朱德群以無上的榮光，成為第一位獲「法蘭西學院終身院士」授勳的華裔藝術家，令世人見證了這位東方大師卓越而立的藝術地位。在這古稀之年的殊榮背後，是他以半個世紀孜孜不倦、借古開今的藝術求索，自東西方文化中找到最磅礴恢弘、優雅雋永的氣象與靈魂。
從1955年旅法，在觀摩斯塔埃爾（Nicolas de?Sta?l）回顧展後獲得打開抽象藝術門廳的鑰匙、到1969年在倫勃朗（Rembrandt Harmenszoon van Rijn）逝世三百周年大展上，對古典光影技法的全新領悟，而獲突破性進展，再至80年代後壯遊山河，以北宋大師范寬所言「師古人不如師造化」的心得，沉澱出激情的碰撞和生命的沉思，朱德群將東方的書法、西方的色彩、音樂的旋律、自然的想象，最終淬煉為一種「超脫的風景畫」，創造出屬於其獨一無二的晶燦語彙！
神來之筆，至尊珍稀的「雪景系列」
「我曾畫過好幾幅白色調子的畫，那是我在日內瓦的途中，看到了阿爾卑斯山覆滿了白雪，當雲霧瀰漫之時，雲霧的白和雪山的白層次分明而充滿了變化，此時我心中只有雲霧在白地上移動的景象以及湧現的層次，心靈似乎也跟著那深淺濃淡的變動而若浮若沉，一下子浮現了很多唐詩的意象。回來就忍不住想作畫……我要畫的是『我』對她那一剎那的感受。」
——朱德群
在朱德群成就斐然的一生中，其最具詩意、獨創性和代表性的創作，莫過於浩然大氣的「雪景系列」。該系列最為完熟的黃金時期為1985至1990年，其以充滿動感的紛繁雪點為核心，透過層次分明的雲霧之白、霜雪之白，造就雋永非凡的詩意，既有唐代詩人李白「地白風色寒，雪花大如手」的豪壯、杜甫「亂雲低薄暮，急雪舞迴風」的動感、又有岑參「忽如一夜春風來，千樹萬樹梨花開」的浪漫。朱德群將其內在精神與詩詞的意象相連結，創生出宛如神來之筆的巔峰之作。
究其畢生創作，雪景主題之作瑰麗奪目而為數珍罕，在市場上一作難求。迄今為止，在其拍賣市場的世界成交紀錄前三甲中，雪景獨佔2席，彰顯了該系列備受認可的高度。除卻千禧年後的少數個例，雪景之作多完成於1985至1990年這短暫的6年間，而其畢生雪景系列僅不逾60件，作品無疑代表了朱德群至高的特出藝術成就，更是收藏其精品必不可少的重點。而隆重亮相於春拍的《冬之組合》，以經典絕美的松石綠彩作為主調，將山石之崔嵬、冰河之晶瑩、白雪之翩飛，組合為一曲「瑞雪兆豐年」的交響，堪為其雪景主題之精品，珍罕難得！
心手相應，物我兩忘的藝術大成
雪景系列最初緣起於1965年朱德群受邀前往法國薩瓦地區的鄉村藝術節，旅程期間，他從霞慕尼登上有歐洲屋脊之稱的伯朗峰。對於生平首度登阿爾卑斯山俯瞰綿延雪山的朱德群而言，那白雪皚皚的壯闊景象，帶給他極大的視覺及心靈震撼，自此在其心頭長久縈繞，思索著如何表現此特殊的雪景主題。因而由60年代中期開始，他逐步以不同色階的白彩，融入其抽象創作之中，意圖再造雪山意境，卻始終未能找到一條最佳之路；直至1985年，他從巴黎前往瑞士日內瓦，參加皮耶于伯畫廊（Galerié?Pierre-Hubert）舉辦的「五個抽象畫家」聯展開幕，回程途中，火車經過阿爾卑斯山時突遇暴風雪襲來，大雪急且強勁，如交響樂般激昂迴旋。據其回憶：「我經過阿爾卑斯山看到冬天的暴風雪很激動。到家後我一夜都沒睡著，第二天一早，我就開始畫。這個時候我忘記了自己，全部都投入到畫之中，只有畫的存在，而無我。從1935年畫到1985年，整整五十年之後，我才有物我兩忘的感覺。從那之後，我感到自己已經和畫作完全融為一體了。」
伴隨著心靈的震撼、激動和喜悅，朱德群將眼前所見之景象，化為筆下的紛飛激昂，靈感如雪片般噴湧而出。而80年代中期重遊祖國時，所見安徽黃山之雄奇，連同瑞士雪山之壯闊、巴黎冬季的瑰麗，共同在其筆下沉澱，最終塑成雪景系列的深厚底蘊，成就了是次呈現完成於1985年《冬之組合》的璀燦盛景。
破前人之法，冰川飛雪的強勁動態美
「朱德群畫面的主要構成因素是?『動』，每幅畫都是一部運動的合聲，作者將運動的節奏之美統一在和諧的色調之中，讓人隔著水晶看狂舞而聽不到一點噪音，粗獷力融於寧靜的美。」
——吳冠中
大雪飛揚的「動勢」，是其雪景系列創作最大的特點。相較於中國傳統山水畫中多以留白或彈粉，來描繪靜態的雪景寒林，朱德群大膽突破前人之法，以抽象的表現力活化了自然意象，透過霜雪霏霏的動態美感，開闢出全新的畫境。而《冬之組合》正如其名般，綜合組構了山水佈局、光之導向、紛然色彩、點線結合的重重表現形式，以層層張力突出「動」的語彙，所喚起的，即是那自然之聯想、音律之迴響、書法之起承轉合的淋漓萬象！
構景造境的古今匯融，光燦詩意的構勢之動
作品首先在結構空間上，為觀者展現出了第一層動勢。他有意識地以線條和光源穿梭來引導視線，自畫面右下角之始，以清疏的幾筆橫向線條，如同打造出一條「之字形」的蜿蜒小徑，巧妙融入五代巨然《雪圖》的高聳佈構，令觀眾的視線走向正中心的光源發散地。自核心，觀者的視線若是向左進發，即可步入層巒疊嶂背後的金光暖陽；若向右上鋪展，可逐漸深入冰雪迷濛的遠山，形成多向的透視體驗，將北宋大家范寬《雪景寒林圖》那雪峰屏立的神采再現於此抽象圖景。
而朱德群此番對結構的表現和精妙掌握，乃是根植於書畫的「立軸」形製，並現高遠與深遠之意。而他同時由北宋韓拙在「三遠法」上所補充的「闊遠」、「迷遠」、「幽遠」出發，找到構景、構境的嶄新方向：作品雖為直式構圖，卻展現出蒼茫遼遠的「闊遠」景觀，自上拓展光源，左右山巒綿延，自下則似有道路延伸，邀觀者入畫共遊。在其中，雲靄瞑漠、冰晶閃爍，鋪展空濛的「迷遠」感，其間雨雪縹緲，隱現神秘的「幽遠」之感，令人不禁再度深探，意圖窮幽微之奧妙，繼而徜徉其間。
作品以全景構圖之妙，精彩地傳達出時間動態、空間穿梭調度的多重視點，以大觀小，自廣渺天地而致飛雪精微；以小觀大，由冬雪霏霏走向天山雪嶺。以其獨樹一格的雙向視角，呈現收放自如的想象，折射著朱德群對東方美學兼容並蓄的創造性靈光！
五感的視象化，隔著水晶看狂舞的筆韻之華
在以「光」為主導的結構之外，「筆勢」更為朱德群創作中的又一重要元素。得益其於自小習字臨帖的功底，在數十年的創作中，他皆以書法筆勢的氣韻，展現對油彩實質的掌握。從60年代山石竦峙的大開大闔，到70年代開拓出的細筆旖旎，朱德群在《冬之組合》中將二者兼並吸納，賦予線條豐富的表達。以蒼勁濃郁的黑色大筆構建山石鏗鏘的質地，藉細秀鋪陳的線條牽出密林重重的挺拔。一重一輕、虛實相映，展現剛柔並重的獨特之美。
而在此作中，他更將筆力之疆拓展至極，以筆勢之飛舞，帶出風之流動、雲之縹緲、雪之漫舞的全新視聽盛宴，如同將大雪紛紛的動態、雪塊簌簌而落的聲音、冰雪沁人心脾的涼意，連接起觀者之眼、耳、口、鼻與肌膚之五感，以此達至北宋文人蘇軾筆下「耳得之而為聲，目遇之而成色。取之無盡，用之不竭。是造物者之無盡藏也，而吾與子之所共適」的境界。當中，自由靈動的點、線、塊面，游刃有餘地鋪展在天地之中。無論是畫面基地的厚疊，中層白彩的薄塗，還是中鋒的銳利、飛白的恣意、乾筆的皴擦，皆成為其下筆如有神的自如表達，更串連起觀者身臨其境的想象。閱覽畫面之時，頓生酣暢淋漓之快感，彷彿正身處高位，超脫地俯察著宇宙中的冰天飛雪，在視覺、聽覺、觸覺的通感中，與自然合融為一，達至身心靈的淨化及昇華！
集雪之萬象：快雪時晴的點彩之動
「點有雨雪風晴，四時得宜點，有反正陰陽襯貼點。有夾水夾墨一氣混雜點，有含苞藻絲纓絡連牽點，有有墨無墨飛白如煙點，有焦似漆邋遢透明點……噫！法無定相，氣概成章耳。」
——石濤
如石濤之言，朱德群在「雪點」的表現上，並未拘泥於單一的表達方式，亦非僅僅闡述「雪」這唯一的元素，而是透過「夾墨夾彩」、「絲狀牽連」、「飛白」、「漆狀透明」等豐富的表現方式，將雪之萬象：冰霰、風霜、雲霧、滴水皆蘊藏於《冬之組合》的畫面之中。朱德群除承接傳統宋畫中米芾、范寬所用的「點苔法」，更進一步加以西方表現主義波洛克式的「自動性技法」，將之合二為一，鑄就精彩絕倫的動態飛雪。他在此以身體運動帶動筆勢，經由潑、灑、滴、濺等技法，牽引出霜雪飛揚飄散、交織與堆積的節奏。此外，其並透過書法線條的引導，使畫面產生多重的動向，以點線的大小、清淡、疏密的細微變化強化了動態感，以轉折間的粗細、深淺的交錯豐富了空間層次，以鮮明有力的筆痕表現繪畫過程的時間性。隨著觀者的視線流轉，每一個局部皆開展出精湛的抑揚頓挫，與彼此之間的起承轉合。半透明的色調捕捉了遠山間雲霧、雪氣流竄的縹緲氛圍，飽含了雪景震懾人心的詩意之美。
藉由點、線與真實空間的動態連結，作品不拘一時一地，或是一山一水的描繪，仿擬出自然的不同形態與動靜間的轉換，當中山勢之磅礴、雲湧之澎湃、冰河之晶瑩，形色滉動，形同自然之妙，又有淋漓之極。畫間皚皚白雪自空中灑落，點點茫茫如瀑如幕，或飄融或飛升，似音律紛然，如星光熠熠，正回應著「白雪紛紛何所似」的千古之問。在諸多意象比擬的呈現中，朱德群以《冬之組合》集大成的表現力，展現了融匯古今中西的深刻迴響！
千林綴玉、春色將至的躍動生機
除此之外《冬之組合》另一精彩的面向，乃是在白色的基礎上，以松石綠彩作為主色基調。儘管作品所描繪的是以雪代表的冬季，其中所呈現的卻是夏季之石綠、天青、靛藍與白彩的交融，令冬季的寂靜、空靈與夏日的喧囂、生機並存，呈現獨特的新生希望。
細觀畫作，用色微妙細膩，霧雪之鉛白、銀白、珍珠白，與不同層次的藍綠浸透，徐徐呈現出「焦、濃、重、淡、清」的五色效果，共譜出宏偉華麗的交響樂章。此外，朱德群又斟酌調入磚紅、咖啡、鵝黃等暖色，冷暖交織間，舞動輕快的圓舞曲，再度提升了畫作的層次和質感，將唐代詩人韓愈筆下「白雪卻嫌春色晚，故穿庭樹作飛花」的意境一展眼前。作品將寒冬與春雪的季節性變化隱含其中，精準把握住生命躍動、春色將至的瞬間，為作品再添一層「希望的動勢」：在那皚皚白雪的覆蓋之下，遙岑疊翠傲然依舊，待雪消之時，便又是萬木披靡，千岩聳翠，林泉漱玉，臨流盤澗的盎然再生。
以形寫神，匯融心境的中西大成
若將十九世紀英國風景繪畫大師透納（Joseph?Mallord?William Turner）67歲所作經典作品《暴風雪——汽船駛離港口》，與朱德群65歲創作的此件《冬之組合》並置，則可見兩作有著近似的用色與光影表現，皆滿溢著自然的能量與動勢。透納的浪漫主義之作，傳達著大自然之狂暴、無法預料及人之渺小，並以回憶去捕捉形態，其形式已近乎抽象。而朱德群更將此手法發揮至極，畫雖寫景，卻非純粹的再現，而是透過記憶中的景，去追求真實的心境。法國藝評家卡巴納（Pierre?Cabanne）曾言：「真實的繪畫來自回憶」。不摹寫外在形象，卻能精準捕捉事物神髓，在極簡的色彩中，創生最為豐富的變化，展露「筆隨心轉」的化境，這正是朱德群「雪景」之作的精髓。《冬之組合》以一種綜合性的語彙，組合了朱德群對詩詞、書法、音樂的融會貫通、對抽象藝術表現的圓熟掌握、和對「眼前景是心上境」的深刻體悟，最終匯成了這兼備東方和西方、古典與現代的美學大成，見證了朱德群在耳順之年的再創巔峰，至珍至罕！ PROVENANCE
Private Collection, Paris
28 Nov 2015, Christie’s Hong Kong Autumn Auction, Lot 17
Acquired directly by present important private Asian collector from the above
Note: This work will be included in the artist’s forthcoming catalogue raisonné being co-edited by Foundation Chu Teh-Chun and Mrs. Ching-Chao Chu
Replete with Majesty, Timely Snow Heralds a Good Harvest
Surging Brilliance of Chu Teh-Chun’s Epic Snow Scene
In 1955 while in France, Chu Teh-Chun attended a retrospective exhibition of work by French painter Nicolas de?Sta?l and the experience introduced him to the world of abstract art. In 1969, Chu visited a major exhibition to commemorate the death of Rembrandt Harmenszoon van Rijn which provided him with a completely new understanding of classical light and shade technique, allowing the artist to make a breakthrough in his own creative work. In the 1980s, Chu went on a grand tour of mountains and rivers, as a result of which he experienced a clash of passions and reflected on life. Thereafter, he ultimately refined Eastern calligraphy, Western colours, musical rhythms and imaginings of nature into "transcendent landscape paintings," creating his own uniquely brilliant language.
Strokes of Genius, Extremely Rare Snow Scene Series Painting
"I have painted several white-toned paintings. When I was on a trip to Geneva, I saw the Alps covered with white snow and permeating white clouds. When the clearly defined white layers of snow and clouds filled with change, my heart only held the scene of the clouds hovering over the white ground along with the emerging layers. My mind seemed to follow the depth and shades of the changes, and suddenly, the image of many Tang poems materialized."
——Chu Teh-Chun
Although Chu Teh-Chun achieved much in his artistic career, arguably the most poetic, unique and representative works he ever produced were those in his majestic Snow Scene Series. The golden age for these paintings was 1985-1990, with Chu focusing on scenes of dynamic snowdrops, while employing clear layers of white clouds and white frost/snow to craft an artistic poetry of extraordinary depth.
If we look at Chu Teh-Chun’s creative career, his snow scene works are surpassingly beautiful and eye-catching, but also relatively few in number, making them hard to find on the market. Currently, of all the artist’s works sold at auction around the world, two of the top three prices were for paintings from the Snow Scene series, an indication of the high esteem in which these pieces are held in the art world. However, with only a few exceptions after the turn of the century, most of the paintings that make up this series were completed from 1985-1990. Indeed, Chu produced fewer than 60 works in the Snow Scene Series throughout his career and these undoubtedly constitute some of his greatest artist accomplishments, making them an invaluable addition to the collection of any Chu Teh-Chun fan. The inclusion of Synthèse Hivernale in the spring auction, takes the classical beauty of turquoise green as its main focus, combining the undulating mountain rocks, glistening glaciers and white snow dancing in the air in a symphony wherein "timely snow heralds a good harvest," an exquisite and rare example of the ineffable spirit that imbues the artist’s snow scene motif paintings.
An Artistic Masterpiece with Heart and Mind in Perfect Unison
The origins of the Snow Scene series can be traced back to 1965, when Chu Teh-Chun was travelling around France and climbed Mont Blanc in Savoie Department. From the mid-1960s, Chu gradually started to include different white colour scales in his abstract works in an attempt to artistically conceptualize snowy mountains, but was ultimately unable to find an optimal approach. In 1985, the artist traveled from Paris to Geneva in Switzerland to take part in a group exhibition titled "Five Abstract Artists" organized by Galerié?Pierre-Hubert. On the return journey as the train passed the Alps it encountered a major snowstorm and Chu marveled as the snow fell viciously and with force, passionately swirling like a symphony. He later recalled: "As we passed the Alps, I was really excited to see a winter snowstorm. After reaching home I was unable to sleep all night and the next morning I started painting. At the time, I forgot about myself and was completely immersed in the painting; it was the only thing that existed, not me. From 1935 to 1985, a period of 50 years, it was the first time I had ever felt that sensation of forgetting everything and from that time on I came to feel completely at one with my paintings."
Along with the sensation of being overwhelmed, excitement and joy, Chu Teh-Chun took the image he had seen with his own eyes and transformed it into swirling passion and inspiration that burst forth from his brush like snow to create the brilliant scenery of Synthèse Hivernale completed in 1985.
Breaking with the Past, Powerful Dynamic Beauty of Glaciers and Snow
"The main element in Chu Teh-Chun’s paintings is ‘movement’. Paintings are like a chorus of movement, and Chu Teh-Chun has harmoniously united the rhythmic beauty of his movement with colours. People are able to witness this wild dance but without a pin drop of noise, as if through a layer of crystal. The power and coarseness of the energy is enveloped in the beauty of tranquility."
——Chu Teh-Chun
The "dynamic power" of heavy snowfall is the defining feature of Chu Teh-Chun’s Snow Scene series. In addition, unlike the use of blank spaces or white colour to depict static scenes of snow-covered forests in traditional Chinese landscape painting, Chu breaks with earlier practices, seeking instead to revitalize natural imagery through abstract expressiveness, utilizing the dynamic beauty of frost and snow to create a completely new world of painting. In this way, Synthèse Hivernale is exactly as the name suggests a synthesis of landscape layout, light orientation, confusion of colours, line and dot combinations and other expressive forms, employing layered tension to highlight the language of "movement." Moreover, these give rise to myriad images of natural associations, reverberating tonality and calligraphic transference.
Constructing Landscapes Past and Present, Dynamic Momentum in Brilliant Poetry
The first layer of momentum showcased in this work is seen in its use of structural space. The back and forth of the lines and light source guides the line of vision, starting in the lower right corner of the painting, using several clear horizontal lines to create a "Z-shaped" meandering small path. It also ingeniously incorporates the towering layout of Snow by Five Dynasties (907-979) painter Juran, so viewers look at the light source at the centre of the piece from where it diffuses. Moving from the centre to the left of the painting the viewer encounters the golden light and warm sun behind layer upon layer of peaks; in the upper right part of the work we gradually enter the misty snow and ice of the distant mountains, creating a multifaceted perspective experience in an abstract work that recreates the splendorous snow-capped mountains in Snowy Cold Forest Landscape by Northern Song painter Fang Kuan (950-1032).
Visualizing the Five Senses, Beautiful Brushstrokes Viewed Through Crystal
Although "light" is a central structural element in the works of Chu Teh-Chun, "stroke strength" is even more important. In this area, Chu benefited greatly from the foundation he developed learning Chinese characters and practicing calligraphy from a young age. Over several decades of creating art, the artist always employed the rhythm of calligraphic strokes, showcased in his grasp of oil painting.
In this work, Chu pushes the boundaries of stroke strength to their very limit, using rhythmic stroke strength to create a visual feast that draws out the flow of the wind, dimly discernible clouds and the dancing snow. In this way, the artist successfully depicts the movement of heavy snowfall, the sound made by chunks of snow falling, the coolness of ice and snow gladdening the heart and refreshing the mind, thereby directly connecting to different senses of the viewer; eyes, ears, nose and skin. On studying the painting, it is almost as if the viewer is transcendent, looking out over the ice and snow of the universe from on high, and through visual, aural and tactile sensations become one with nature, achieving the purification and sublimation of heart, body and mind.
Myriad Images of Snow: Timely Clearing after Snowfall Colour Movement
Chu Teh-Chun’s third layer of momentum is to be found in his expression of "snowdrops," and not merely in the elucidation of "snow" as a single element, but in myriad images of snow: with sleet, wind and frost, clouds and dripping water all making an appearance in Synthèse Hivernale. Other than inheriting the "dotting moss" technique, used in traditional Song Dynasty painting by artists such as Mi Fu (1051-1107) and Fang Kuan, Chu goes a step further by employing Pollock’s drip technique from Western expressionism, integrating the two as a single whole to showcase wonderful dynamic snow. It is here that the artist utilizes physical movement to stimulate stroke strength, embracing such techniques as spraying, splashing, splattering and sprinkling to draw out the rhythms of frost and snow flying on the wind, scattering, overlapping and accumulating.
With its dynamic connectivity of dots, lines and real space, the painting is not confined to a particular time and place or the depiction of a specific landscape, but rather seeks to showcase different types from nature and shifts through dynamic to static. As such, the pure white snow falls from the sky, dotted and boundless like a waterfall or a curtain, melting or soaring like discordant rhythms or starlight glistening in the sky, a response to the age-old question: "What does whirling snow bring to mind?" In its representation of multiple image analogies, the comprehensive expressiveness of Chu Teh-Chun’s Synthèse Hivernale represents a profound integration of past and present, East and West.
A Vast Forest of Jade, Coming Spring Vibrant and Alive
Another spiritual aspect of Synthèse Hivernale is the way in which the artist uses turquoise green as the main colour against a foundation of white. In the painting, the Flemish white of fog and snow, silver white and pearl white are showcased with different layers of saturated blue and green. Add to that the carefully considered mixing of warmer colours such as brick red, coffee-brown, and light yellow, and the interplay of cold and warm hues creates a joyous waltz that elevates the layering and texture of the painting. At the same time, the coexistence of the silent and ethereal nature of winter, together with the clamor and vitality of summer, offers a unique new hope. The work contains within it the seasonal changes of winter and spring snow, accurately depicting vivid life and the moment at which spring arrives, thereby adding a layer of "hope momentum."
Eastern and Western Achievement in Presenting Spirit through Form, Blending States of Mind
If we compare the classic Snow Storm - Steam-Boat off a Harbour’s Mouth by 19th Century English landscape painter Joseph?Mallord?William Turner painted at the age of 67, to Chu Teh-Chun’s Synthèse Hivernale created at 65, the similar use of light and colour is immediately apparent and both brim with natural energy and movement. However, Turner’s romantic work conveys the unpredictable violence of nature and the insignificance of man, while seeking to capture shape through memory with a form that approximates to abstraction. In contrast, Chu takes this method to its extreme so that although the painting is a landscape it is not pure representation but rather a scene from memory combined with a mindset that seeks out truth. In other words, the very essence of Chu Teh-Chun’s "Snow Scene" paintings involves not copying external images but precisely capturing the essence of objects, while using minimalist colours to create rich changes and reveal a plane of perfection, where the brush follows the artist’s heart. In other words, Synthèse Hivernale adopts an all-encompassing language that brings together Chu’s mastery of poetry, calligraphy and music. As such, the artist’s familiarity and ease with abstract artistic expression and deep understanding that what you see is what you feel, ultimately encompasses the aesthetic achievements of East and West, classicism and modernism, a testament to Chu Teh-Chun scaling new artistic heights in his 60s, a rare and impressive achievement.
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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. 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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. 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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.
