油彩 畫布 Oil on canvas 一九七八年作 Painted in 1978 76 × 86 cm. 29 7/8 × 33 7/8 in. 款識
七八 荼(右下)玉龍山 吳冠中 七八(畫背)
出版
1996年,《吳冠中精品選集》,藝達作坊,新加坡,第66至67頁
2007年,《吳冠中全集:第三卷》,湖南美術出版社,長沙,第124頁
2011年,《看日出——吳冠中老師66封信中的世界》,中國建築工業出版社,北京,第178頁 Signed in Chinese and dated on bottom right; titled, signed in Chinese and dated on the reverse
LITERATURE
1996, Wu Guanzhong – A Selection of 128 Fine Works, L’Atelier Productions Pte. Ltd., Singapore, p. 66-67
2007, The Complete Works of Wu Guanzhong, vol. III, Hunan Art Publishing House, Changsha, p. 124
2011, Watching the Sunrise – The World in Teacher Wu Guanzhong’s 66 Letters, China Architecture and Building Press, Beijing, p. 178 來源
1999年4月18日,台北佳士得春季拍賣會,拍品編號6
現亞洲重要私人藏家直接購自上述來源
夜縛玉龍之盛世絕景
吳冠中玉龍雪山系列集大成鉅作神定乾坤
「夫畫,天下變通之大法也,山川形勢之精英也,古今造物之陶冶也,陰陽氣度之流行也,借筆墨以寫天地萬物而陶泳乎我也。」
——石濤
衡量一位藝術大師的地位,或許有很多標準,然而在中國近現代藝術史上,「吳冠中」這個名字所代表的里程碑意義,可謂卓爾不凡。在其一生致力於「油畫民族化」、「水墨現代化」雙重理念的藝術道路中,他空前地在藝壇強調形式美、抽象美的啟示,以兼具「水彩、油畫、水墨」、「畫、文、詩」的美學綜合體,身體力行地建造一座「跨越東西的藝術之橋」。令其成為1991年獲法國文化部授予「法國文藝最高勳位」、1992年打破大英博物館只展古代文物的慣例,成為獲邀舉辦個展的「在世藝術家第一人」,而八年後他更成為首位獲選「法蘭西學院藝術院通訊院士」殊榮的亞洲藝術家。
縱觀吳氏一生的創作,其創作命脈源於對「大自然的寫生再造」,自他背起畫箱,走遍大江南北的第一日起,他便竭畢生之力去尋找那一瞬即逝的美。從虬髯古木到大山雪嶺,從涓涓溪流到萬家燈火,他悉心採風,經由腦海精妙構思,摘取天上之美,落入筆間,匯成繪畫的詩篇。而其藝術人生也正如他著名的「風箏不斷線」比喻,永恆與天地相連,牽引、悸動著無數後人,震撼世間!
神往玉龍,再造雪山之巔:
吳冠中鐘情一生的聖山神址
在吳冠中畢生以雪山為主題的創作中,「玉龍雪山」可謂最具代表性、最受藏家青睞的重要母題。他與玉龍雪山的羈絆橫跨了半個世紀之久,自1978年起,他便以水墨和水粉、油畫數度描繪,直至2003年仍以此為題進行廣幅創作。更畢生唯一一次在水墨作品《月下玉龍山》題詩寫下「崎嶇千里訪玉龍,不見真形誓不還。趁月三更悄露面,長纓在手縛名山」的七言絕句,足以想見其鍾情一生的所愛!
而吳冠中與玉龍雪山的情結,源自於一張30年代的明信片。彼時的他就讀於杭州藝專,因抗日戰爭爆發,校方多次搬遷,其亦隨之四方輾轉。而在1938年校內師生從昆明向四川內遷的過程中,幾位學生放棄乘車,選擇徒步走上雲貴高原,一路寫生。吳冠中雖並未同行,然而其同窗好友、藝術史學家李霖燦則位列其中。旅途中,李氏在寄給冠中的明信片上以鋼筆速寫玉龍山。而正是這薄薄的明信片,激起冠中對聖山的滿腔憧憬。其曾言:「李霖燦同學給我寄來明信片, 一面描寫見聞,另一面是用鋼筆畫的玉龍山速寫,真叫人羨慕, 遺憾未能跟著去。從此,我一直嚮往玉龍山,她深深印在我的腦子裡。」然而造化弄人,嚮往玉龍山數十年的吳冠中,直至40年後的1978年,方得償所願。期間,他曾負笈海外,也曾在歸國後經歷整肅、文革,但他對藝術的執著、對聖山的嚮往卻絲毫沒有減損,在1978年,他經大理、麗江,路程顛簸坎坷,最終在初夏冒著暴雨來到了使他魂牽夢縈的玉龍山,正如他在詩中所寫「崎嶇千里訪玉龍,不見真形誓不還」,他在苦等數星期、缺衣少食的環境下,終而在一個夜晚見到了玉龍山的真容!
卓爾臻絕:玉龍之行最大尺幅油彩珍品
「1978年,我終於到達了玉龍。離了版納,我經大理、麗江,從危險的林場道上搭乘運木材的卡車直奔玉龍山。我由一位青年畫家小楊(福泉)陪著,住到黑、白水地方的工人窩棚裡,床板下的草和細竹一直伸到床外,吃的是饅頭和辣醬,菜是沒有的。都無妨,就是玉龍山一直藏在雲霧裡,不露面。你不露面,我不走。小雨、中雨、陰天、風夾微雨,我就在這陰沉沉的天氣中作油畫。大地濕了就像衣裳濕了,色彩更濃重,樹木更蒼翠,白練更白。就這樣連續一個多星期,我天天冒雨寫生,畫面和調色板上積了水珠,便用嘴吹去。美麗的玉龍山下,濕漉漉的玉龍山下,都被捕入了我的油畫中,我珍愛這些誕生於雨天的作品。我們的窩棚有一小窗,我就睡在窗口,隨時觀察窗外,一個夜晚,忽然月明天藍,玉龍山露面了,通身潔白,彷彿蘇珊出浴,我立即叫醒小楊,便衝出去就地展開筆墨寫生,小楊搬出桌子,我說不用了。激動的心情恐類似作案犯的緊張。果然,只半個多小時,雲層又捲走了一絲不掛的裸女,她再也沒有露面。一面之緣,已屬大幸……」
——吳冠中《夜縛玉龍》
矚目領銜是次春拍的《玉龍雪山》,正誕生於冠中自述的1978年雲南之行,見證了吳老跨越四十載真情不變的藝術人生,更是其雪山主題的輝煌代表。在訪玉龍的1978年,吳冠中一連創作了以「玉龍雪山」為題的4件油彩和4件水墨作品,今次顯赫呈現的《玉龍雪山》正是這當中最大尺幅的油畫珍品,將此系列中雪山、古木、古鎮三元素匯聚一體,構圖精妙絕倫,令人嘆為觀止,堪為臻絕之品!其中尺寸第二大的《玉龍山下叢林》現已為新加坡美術館收藏,更突顯是次上拍之作的珍罕難覓。而此件《玉龍雪山》除出版於權威的藝術家全集之外,並被收錄於新加坡藝達作坊在1996年出版、內容由藝術家本人精心挑選128件作品的《吳冠中精品選集》,作品由現亞洲重要私人藏家於1999年購得後,細心珍藏二十五載,於今甫能釋出,必得識者慧眼之珍!
麗江雪山天下絕,積玉堆瓊幾千疊
氣貫長虹:陽春白雪如騰躍蛟龍
「北辰咫尺玉龍眠,粉碎虛空雪萬年。華表不驚遼海鶴,崆峒只對藐姑仙。」
——徐霞客
「從脊直北眺,雪山一指豎立天外,若隱若現……北瞻雪山,在重塢之外,雪幕其頂,雲氣鬱勃,未睹晶瑩。」1693年,明代地理學家徐霞客到訪雲南一帶,在《滇遊日記七》中記下他初見玉龍雪山的情景。位於雲南麗江市城北的玉龍雪山,以獨特的「陽春白雪」盛景聞名於世:從山腳河谷到頂峰妙現四季幻變,極其難得地匯聚了一道山上終年積雪、山下卻四季如春的垂直自然景觀。在碧空下,雪山玲瓏綿延,如玉石般皎潔,猶如一條銀色的玉龍在飛舞,故得其名,並被西南「納西族」視為守護民族的「聖山」、「神山」。
而如此般「終年霜雪與天齊」的人間造化,自然也落入了吳冠中的眼中,在他那善於發現美的畫筆下,被賦予著參天貫地的永恆構景。一反傳統水墨高山仰止的直立佈造,吳冠中在《玉龍雪山》中,極為大膽地採取近大遠小的橫向構圖,將前景之古木為視覺首發點,突出其高聳入雲之雄壯,並巧妙將畫面透視的中心點停留在那銀裝素裹的亙古雪山,造就渺遠而崇高的深遠之意。對比南宋梁楷《雪山行旅圖》層層疊加向上的山脈和點綴其間的重重樹木,吳冠中一舉打破前人之法,以融合山水畫的深遠和當代的西方透視關係,建立起近與遠、動與靜、線與塊的深強對照,賦予作品強烈的空間深度和視覺張力。
畫面中景是海拔五千多米的玉龍雪山,核心處的主峰猶如龍首昂揚,氣貫長虹,其身後峰峰相連,似節節龍脊,連綿不絕,活化出一條騰空躍舞的銀色蛟龍,展現「玉龍持護納西擎」的拔天倚地之勢。近處則是一片高大的杉樹林,樹幹如鐵鑄,蓬勃地向上生長,呈一飛沖天之勢態,與橫向蜿蜒的山嶺,構成一縱一橫的奇絕之姿。而玉龍山,看似被高大的杉樹遮住了大半芳容,卻因此隱隱綽綽、猶抱琵琶半遮面,平添了一份只可遠觀、不為人近的神秘色彩。吳冠中在此以白彩勾勒山尖,再逐漸滲入層層疊疊的灰調子,綿綿無盡,再現了元代詩人李京筆下「麗江雪山天下絕,積玉堆瓊幾千疊」的萬丈玉龍。他並在山頭的彩筆間刻意露出少許畫布原本的底色,創造出暖日照拂、如浴聖光的景象,將明與暗、陽與陰、光與影、向與背、交與錯、迎與拒的諸種關係,皆以一種看似瀟灑實則苦心經營的姿態呈現。寥寥數筆,克制含蓄,卻給人「以少勝多」的視覺感受,將玉龍雪山的空靈與大氣盡現觀者眼前。
高杉出眾木,伴我向天涯
「我愛老樹,不是為了珍視它的年輪,說穿了是愛其形象蒼勁之美。」
——吳冠中
作品雖以玉龍山為題,樹木卻是當中不容忽視的重要客體。「60年江湖生涯,老樹最是莫逆之交。」誠如吳冠中所言,在他的藝術生涯裡,樹木的形象貫穿其創作始終,有著人之「喜怒哀樂的生態」,不僅是生命常青的標誌,更是其藝術形象美的關鍵標誌。
《玉龍雪山》一作將樹的形象特點加以妙用,獨到地選取玉龍山前的雲南鐵杉林,將之佈構於前景中,形成遠山近木的強烈視覺風貌。一字排開的十棵樹中,老樹新木交替生長,以錯落各異的姿態呈現出剛柔並濟之美:或是遒勁高聳,拔地而起,直沖天際,或是枝條蹁躚,蔚然迎風,蒼翠昂揚,展現著清代大家石濤之語:「似英雄起舞,俯仰跌宕」,亦應和了次年吳冠中在《繪畫的形式美》中發表的論點:「美就美在鱗次櫛比和參差錯落間」。葉片間的紋理以快筆結合刮刀,綿密而豐富地排出,深淺不一的黃綠、墨綠、橄欖綠、深棕、赭石,交織有度,筆勢極為鬆快輕盈,呈現出「青樹翠蔓,蒙絡搖綴,參差披拂」的動態韻味。而樹幹的縱向線條,更是流暢得不可思議,一氣呵成,氣宇軒昂,使得整幅畫面充斥著向上的升騰力量,透露著一種神采飛揚、欣欣向榮的氣韻。吳冠中並刻意將中心位留給兩株正待冠葉新生的小樹,以蹲立的姿態仰視雪山之巔。兩側的高木似是吳老所設下的詩意簾幕,在勁風的吹動下,為觀眾緩緩撥開樹林,直探遠方那神聖的雪山。
人文古鎮的抽象筆韻
「建築是凝固的音樂,音樂是流動的建築。」
——德國戲劇家、 詩人歌德(Johann Wolfgang von Goethe)
而作品同樣精妙的,乃是在山嶺下、樹叢間,以近乎於西方抽象表現主義的手法,將星星點點的麗江古鎮建築散綴其間。城中的屋瓦房舍帶著納西族屋宇的磚瓦特色,以咖啡、鮮綠色繽紛點畫,生氣盎然。而吳老80年代後的抽象形式已在此漸露端倪,他將同系列所作《玉龍山下麗江城》中的寫實的屋簷,在此進一步簡化抽離為率意繽紛的點彩,零星幾筆即活化形象,似具音律綻放的節奏,為這搖曳的密林增添著民間炊煙人情的動態之美。而此用筆用色,並與枝繁葉茂的杉樹交相輝映,在明快靚麗的色彩中,道出人文與自然景觀的和諧共融。
動靜間的渾然天成之美
水陸兼程的心象風景
經過幾十年的藝術探索和精神嚮往,吳冠中筆下的玉龍雪山也早已突破過往寫實的具象描繪,而幻化為其心象的寫照。帶著70年代開拓的抽象美與形式美、「水陸兼程」之道,吳冠中逐步在對景象的形、色、神韻、意境的捕捉中,綜合性地將東方的墨筆皴法、氤氳詩意,和西方現代的抽象形式、虛實構造,進行有機結合,更融入自身對景與境的獨到解讀,造就了此件《玉龍雪山》渾然天成的盛景。
作品除厚實的肌理之外,更賦予油彩顏料以些許水墨的潤澤,筆觸洗練、清新舒朗,令這萬里青空下的雪嶺聖山呈現一派空靈的冰魄之美。觀細節處,他以油彩肌理一層層的色形疊加,為雪山打造著如莫奈(Claude Monet)在冬雪《乾草堆》中的光影變化,創生出一種靜態的永恆、大氣、包容的寧和之美;而在樹林間,以如書畫中的皴法之筆細細吐露著葉冠的葳蕤,亦不難在其中發現北宋大師郭熙《雪景山水圖》中虬枝蒼勁之美的現代手筆。重重疊疊,樹色蒼蒼,在這山與樹的一動一靜間,作品以中西合璧的創造性筆意,將雪山終年不化的精神,與古樹凝萃千秋的品格相得益彰,亦娓娓道出藝術家的藝術心路:執著半生,只為一睹真容。這真容不僅僅是那如希臘女神蘇珊的雪山真容,更是他以一生的藝術理想所探求的「油畫民族化」、「國畫現代化」的藝術真容!
遺世獨立:永恆的藝術之夢
古往今來,縱然不少雅士墨客皆與玉龍山結下不解之緣,吳冠中卻用他的畫筆創造出了大氣、神聖、仰望天地而自適其中的不凡盛景。其中古樹、古城、雪山,三者交相輝映,凝縮著玉龍山、麗江城在世人心中的完整風貌。而那神聖潔白、如夢似幻的聖山,就像是一個「永恆的夢」,坦然、真誠、從容不迫地訴說著吳冠中自19歲起便念念不忘而終得迴響的雪山之夢,亦象徵著他一生鍥而不捨的藝術理想。任歲月匆匆,人事變遷,唯有那座「遺世獨立、照澈人寰」神山依然魂牽夢繞,不負此生所往,不負貞心所向。 PROVENANCE
18 Apr 1999, Christie’s Taipei Spring Auction, Lot 6
Acquired directly by present important private Asian collector from the above
Breathing in the Sumptuous Scenery of Yulong Mountains
Universal Beauty in the Collected Masterpieces of Wu Guanzhong’s Yulong Mountain Series
Many different standards can be applied when assessing the status of a great artist, but in the modern art history of China, the name "Wu Guanzhong" is synonymous with excellence. Indeed, Wu dedicated his life to a dual artistic path that embraced the "sinification of oil painting" and "modernization of ink painting." In this context, he took the unprecedented step of focusing on beautiful form and abstraction, resulting in the aesthetic synthesis of "watercolours, oil painting and ink art" with "painting, prose and poetry," leading by example and establishing "an artistic bridge that connected Eastern and Western art." In 1991, Wu was made an Officier de l’Ordre des Arts et des Lettres by the French Ministry of Culture and in 1992 became "the first living artist" invited to hold a solo exhibition at the British Museum, breaking with its traditional focus on ancient cultural artifacts. Eight years later, he was the first Asian artist to be selected as a "Corresponding Member of the Institut de France Académie des Beaux-Arts."
Admiring Yulong, Recreating Snowy Mountain Peaks:
Life-long Affection for a Sacred Mountain
"I traversed a thousand li of rugged mountains to reach Yulong, vowing not to return without seeing its true form. In the early hours of the morning, it suddenly appeared and I seized the moment."
—— Wu Guanzhong
Of the paintings with a snowy mountain theme Wu produced throughout his artistic career, the "snowcapped Yulong Mountains" are perhaps the best known and one of the motifs most beloved by art collectors. Moreover, the bond between Wu Guanzhong and the Yulong Mountains lasted more than half a century and from 1978 he depicted several scenes in ink, gouache and oils. Indeed, as late as 2003 he was still producing expansive works on the same subject matter.
The emotional connection between the artist and the snowcapped Yulong Mountains can be traced back to a postcard Wu saw in the 1930s. At that time, he was a student at National Hangzhou Academy of Art and after the outbreak of the Second Sino-Japanese War, in 1938 students and teachers relocated from Kunming to Sichuan. At that time, fellow student and friend, art historian Li Lincan used this opportunity to visit the Yunnan-Guizhou Plateau and painted from the nature sending a postcard to Wu on which he sketched the Yulong Mountains in fountain pen. It was this postcard that filled Wu Guanzhong with a profound longing to visit the sacred mountain. However, life can be unpredictable and Wu was not able to visit until four decades later, only making the journey in 1978. In the intervening period, the artist studied overseas and after returning to China was purged and experienced the travails of the Cultural Revolution, but his passion for art never wavered and his desire to seek out this natural wonder remained undiminished: "The sketch of Yulong Mountains Li Lincan included in his postcard caused me to yearn for the mountains for decades. In 1978, I finally reached the Yulong Mountains."
Outstanding Work: Yulong Journey and Large Oil Painting Masterpiece
The headline work for the Spring auction is The Yulong Mountains Snowcapped. This piece was painted by Wu Guanzhong during a trip to Yunnan in 1978, but it is also a testament to the artist’s 40 years of artistic creation and unwavering passion, as well as a glorious example of his snowcapped mountain motif paintings. When visiting the Yulong Mountains that year, Wu painted four oil paintings and four ink paintings of which The Yulong Mountains Snowcapped is the largest oil painting. This piece brings together the three defining elements of the series: snowy mountains, ancient trees and old towns. Its exquisite composition makes it a masterpiece. The second largest of these works, Jungle at the Foot of the Yulong Mountains is part of the National Museum of Singapore collection, an indication of the rarity and value of the auctioned piece. Indeed, The Yulong Mountains Snowcapped is included in the artist’s authoritative oeuvre and was also one of the 128 paintings selected by the Wu himself to appear in Wu Guanzhong – A Selection of 128 Fine Works published by Singapore Art Studio in 1996. The painting was purchased by an important private Asian collector three years later and remained part of that collection for 25 years. As such, its recent appearance on the market will surely appeal to art lovers with a discerning eye.
The Amazingly Layered Snowy Mountains of Lijiang,
Noble Aspiration: Spring Sun on Snow Like a Leaping Dragon
Yulong Snow Mountain, north of Lijiang City in Yunnan Province, is renowned for its unique "spring sun on snow" scenery. From the river valley at the foot of the mountain to the peak, visitors experience the vertical wonder of a full year of seasonal changes and the particularly rare accumulation of snow on the mountain top which is present all year round, while further down the mountain are springtime natural landscapes. Under an azure sky, the snowy mountain stretches exquisitely into the distance, like a dancing silver jade dragon, as the name suggests, in a place considered by the Southwestern Naxi minority people to be a "sacred and heavenly mountain" that is believed to protect the people.
Naturally, the "year-round heaven-bound frost and snow" did not escape Wu Guanzhong. However, he adopted an approach that differed from traditional ink art presentations of the high mountains as towering and awe-inspiring. As such, in The Yulong Mountains Snowcapped the artist boldly adopts a horizontal composition in which near objects are large and distant objects small. In this way he selects the ancient trees in the foreground as his visual starting point, highlighting their towering majesty as they reach up into the clouds, while ingeniously ensuring the central perspective of the scene falls on the eternal snowy mountains, creating a remote and lofty depth and distance. If we compare this work to the layers of ever higher mountains decorated with different trees in Travelers in Snowy Mountains by Southern Song Dynasty painter Liang Kai (born in 1150), Wu sought to break with the approach of the past, by combining the depth and distance of landscape painting with contemporary western perspective ideas, thereby establishing a powerful contrast between near and far, dynamic and static, lines and blocks, which work together to imbue the painting with a strong sense of spatial depth.
The central scene in the painting is Yulong Snow Mountain which is more than 5,000 meters above sea level. The main peak at the center resembles the raised head of a dragon infused with noble aspiration and daring, the connected mountain peaks at its rear, appearing like the scale sections on the dragon’s spine extending without end and bringing to life a silver dragon dancing in the air. The closer part of the painting is a tall cedar forest with tree trunks like cast iron, vigorously growing, as if soaring upwards which together with the horizontal meandering mountain ridge forms an unsurpassably wonderful interplay of vertical and horizontal lines. Wu Guanzhong depicts the mountain top in white, and incrementally infuses it layers of grey tones, while revealing a tiny part of the original background colour of the canvas between the coloured mountain tops. This creates warm sunshine and a scene bathed in serene holy light that showcases a range of dichotomous relationships: light and dark, yin and yang, light and shade, front and back, exchange and overlapping, acceptance and rejection. With just a few strokes, the artist creates a visual feel where "less is more," presenting the ethereal nature and atmosphere of Yulong Snow Mountain to viewers in all its glory.
Tall Cedar Trees, Accompany Me to the World’s End
"I love old trees, not because I treasure their age but honestly because I love the beauty of their old and hardy image."
——Wu Guanzhong
Although Yulong Mountain is the theme of the painting, the trees are important vehicles in their own right and cannot be ignored. Throughout his artistic career, Wu Guanzhong made a point of using trees to not only denote the evergreen nature of life but also as a key indicator highlighting the beauty of his artistic images.
In The Yulong Mountains Snowcapped, Wu Guanzhong places the Himalayan hemlock forest in front of the mountains in the foreground. A total of 10 trees stand in a straight line, with young and old trees intertwined and growing together, employing scattered and varied shapes to showcase the beautiful coexistence of hardness and softness. Through its strong and towering trees or beautiful branches this work alludes to the words of Qing Dynasty master painter Shi Tao (1642-1707) "Like a hero dancing with undulating pitch," while also echoing a commentary by Wu in Formal Beauty of Paintings written the following year in which he said: "Beauty is to be found row upon row, uneven and jumbled." The texture between the leaves is a combination of rapid strokes and scraper, densely and richly arranging yellow-green, ink green, olive green, dark brown and ocher of different depths, all ordered and intertwined. Moreover, the horizontal lines of the tree trunks are also incredibly fluid and completed all at once, imbuing the painting with a sense of rising power. Wu deliberately leaves the central position in the work to two small trees awaiting new crown leaves, which from their squatting position gaze up at the peak of Yulong Mountain. The tall trees on either side are akin to a poetic curtain created by the artist, swaying in the strong wind and slowly opening up the forest to the audience, inviting them to directly explore the holy snow-capped mountain in the distance.
Abstract Brushwork of a Cultural Ancient Town
"Music is liquid architecture; architecture is frozen music."
——German playwright and poet Johann Wolfgang von Goethe
The work is equally exquisite in the forest below the mountain ridgeline, where Wu adopts an approach that approximates to Western abstract expressionism, and among which he scatters the buildings of the ancient town of Lijiang. The roof tiles of the town buildings reflect the brick and tile features of the homes of the Naxi people and the artist brings the scene to life with coffee-brown and bright green colours. Hints of the abstract forms employed by Wu Guanzhong from the 1980s onwards are already evident in this work. Indeed, his realistic depiction of building eaves in Lijiang Town at the Foot of the Yulong Mountains from the same series, is simplified in this piece and detached as spontaneous colourful stippling, as if representing a melodic rhythm. Moreover, by adding the dynamic beauty of people living by the dense swaying trees Wu speaks to the harmonious coexistence of mankind and nature.
Natural Beauty between Movement and Stillness
Mental Landscape Combining Ink and Oil painting
When Wu Guanzhong developed the beauty of form and abstraction as well as the "combination of ink and oil painting" in the 1970s, he used thick texture and imbued his oil pigments with a dash of ink smoothness, thereby infusing this snowy ridge sacred mountain, under a boundless clear sky, with an ethereal ice soul beauty. If we look closely at the attention to detail, the accumulation of colour and form in the textured layers of oil colours creates changes in light and shade for the snowy mountain similar to that seen in Claude Monet’s Haystacks (Effect of Snow and Sun), crafting a beautiful static atmosphere. Between the trees, brushstrokes reminiscent of the wrinkle method employed in Chinese painting and calligraphy precisely create leaf crowns. It is also easy to find modern-like brushwork associated with the beautiful vigorous curled branches in Snowy Landscape by Northern Song Dynasty master painter Guo Xi (1020-1090). Between the stillness and the movement of the trees and the mountains Wu employs creative brushwork that blends Eastern and Western technique, ensuring the spirit inherent in the perennially snowcapped-mountain and the character etched into the ancient trees over boundless time perfectly complement each other.
Aloof from the World: an Eternal Art Dream
Although many refined scholars have felt an indissoluble bond to the Yulong Mountains from ancient times to the present, Wu Guanzhong used his paint brush to create wonderful landscapes imbued with great atmosphere, divinity, gazing up at nature and Earth in which he finds a place for himself. The ancient trees, old town and snowy mountains complement each other, creating a microcosm of Yulong Mountains and Lijiang Town in the minds of people around the world. In addition, the pure white and dreamlike sacred mountain elucidates an "eternal dream" that calmly, sincerely and
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. 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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. 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.