油彩 畫布 Oil on canvas 約一九八〇年作 Painted in approximately 1980 53 × 38.4 cm. 20 7/8 × 15 1/8 in. 出版
1996年，《吳大羽1903-1988——中國新派繪畫宗師》，大未來畫廊出版，台北，第32至33頁
2001年，《吳大羽畫展：中國油畫開拓大師》，國立歷史博物館，台北，第95頁
2006年，《吳大羽》，大未來畫廊藝術有限公司，台北，第101頁
2013年，《吳大羽——海派百年代表畫家系列作品集》，上海書畫出版社，上海，第61頁
2015年，《吳大羽作品集》，人民美術出版社，北京，第139頁
2020年，《飛羽掠天——吳大羽作品集》，商務印書館，北京，第173頁 LITERATURE
1996, Wu Dayu 1903-1988, Lin & Keng Gallery, Taipei, p. 32-33
2001, Exhibition of Wu Dayu’s Paintings, National Museum of History, Taipei, p. 95
2006, Wu Dayu, Lin & Keng Gallery, Taipei, p. 101
2013, Works of Representatives of Shanghai Artists in the Century: Wu Dayu, Shanghai Shu Hua Publishing House, Shanghai, p. 61
2015, Works of Wu Dayu, People’s Fine Arts Publishing House, Beijing, p. 139
2020, Wu Dayu, The Commercial Press, Beijing, p. 173 展覽
2001年3月9日至4月8日，「吳大羽畫展」，國立歷史博物館，台北
來源
1999年4月18日，台北佳士得春季拍賣會，拍品編號44
現亞洲重要私人藏家直接購自上述來源
只留清氣滿乾坤
吳大羽珍稀油畫《花韻》綻放勢象之美
「我愛上了皎皎的花朵，
春天來到你的臉上，
我愛上了潔白的瓊玉，
幽谷深藏著你的輝煌，
我愛上了美麗的月亮，
是你指點了明天的太陽。」
——吳大羽
在中國二十世紀藝術史的歷程中，吳大羽具無可比擬的獨特地位。他是第一代旅法的先行者、是中國抽象繪畫與理論的奠基人、是林風眠所言「杭州藝專的旗幟」，具有「宏偉的創造力」、林文錚眼中「中國色彩派之代表者」。從1922年遠赴巴黎求學，前瞻性地投身現代主義大潮，到歸國任教杭州藝專西畫系主任，秉持啟發式教學，鼓勵創作自由，培育了日後名揚國際、改寫中國近代藝術史的三位大師——趙無極、吳冠中、朱德群，因而被譽為「大師中的宗師」。在創作上，他雖與林風眠、劉海粟同為中國第一代油畫家，卻是第一位走向抽象創作、並獲得重大成就的「先驅中的先驅」。他以獨樹一幟的「勢象」美學，在中國影響了一代代後人，「以韻噬象，蓄色成勢」是他的美學風尚，「精深而博大，超凡以脫俗」成就了他的藝術品格。
然而吳大羽一生坎坷，歷經40年代對日抗戰時期的輾轉遷徙、50年代政治運動的接連打擊，大半生的時光他都隱居上海石庫門一間十平方米的閣樓中創作，作品留存稀少，直至70年代文革結束後，才在1980年迎來創作的鼎盛期，將一生的絢爛悉數揮灑。現身於春拍、完成於1980年的《花韻》便創作於此背景，為吳大羽現存僅146件油畫作品中非凡的「花卉」題材之作。作品由現亞洲重要私人藏家珍藏25載，保存完好，來源有序。而「花卉」並為其備受藏家青睞的重要主題，於二級市場屢創新高，如《瓶花》一作以4554萬港元成交，至今仍居榜首，彰顯市場的追捧。是次呈現之《花韻》展覽出版顯著，曾亮相於2001年台北國立歷史博物館舉辦的「吳大羽畫展」，並發表於藝術家全集等6本畫冊之中，重要性不言而喻！
著根成藝：以花之名，匯成獨我大境
「美在天上，有如雲朵，落入心目，一經剪裁，著根成藝。」
——吳大羽
托物言志、以花喻人是中國傳統文學中常見的表現手法，從《詩經》的忘憂萱草、夭夭桃花，到《楚辭》的「香草美人」，再到陶淵明之菊、周敦頤之蓮，或是唐代詩人張九齡的「草木有本心」，不同的花卉具不同的象徵意義，在東西方的文本中發展出了各自的花語體系。「在我看來那花是一種繽紛……而一經塗寫於畫面，那花也融化於人靈活力之中，上天下地，飛翻須芥，永予有心人以詠囑之緣，昧者不察，識者自來。」正如吳大羽所言，在他心目中花卉代表著一種「繽紛」，這繽紛既是形色的生命繽紛，亦是成就物我合一、以花言志的精神及哲思。而《花韻》即為其鮮明的創作印証。
吳大羽極愛畫花，其抽象創作以「花韻」、「京韻」、「采韻」系列作為大類劃分。其中「花韻」系列源自花卉題材，誕生諸多名作，如入選第三屆全國美展的《紅花》、獲第六屆全國美展榮譽獎、為中國美術館收藏的《色草》等。而花卉也是他最早涉獵，貫穿一生的重要母題：「記得我還在孩提七八歲時，我就喜歡上了書畫。我家裡都是讀書人。收藏了幾十幅古人的畫。我小時候就接觸中國畫了。我母親在鞋上、枕頭上描圖繡花，我就站在旁邊看著。」從童年記憶中走來，落入心目，「花卉」在其創作中生根發芽，陸續出現在他40年代的素描、50年代的蠟筆畫、60年代的彩墨、以及80年代的「花韻」抽象油畫，貫穿其畢生創作脈絡，成為他個人美學的經典標誌。
自50年代起，受大環境所囿的吳大羽，隱居在上海小閣樓之中。他在詩中寫道「飛羽掠天過影在，蓓蕊待發晴明枝。」雖居斗室，僅有一扇小窗開啟，他卻透過窗戶，觀察四季流轉，以天地為畫框，以此點染心胸，把示寸衷。儘管其半抽象的表現形式為彼時的時代所不容，他筆下的絢爛花色卻至純至真，始終如一地訴說其哲思與心境。正是在這樣的背景下，花卉系列的油彩創作，傾注了吳大羽對藝術生命的千言萬語。經歷了從具象到抽象、寫實到寫意的轉變，完成於1980年的《花韻》，融匯了其勢象美學的筆力、光色凝萃的表露、以花明志的追求，成為其晚年集大成之作。
飛光嚼彩韻：雨過天青的色舞詩情
「微微風簇浪，散作滿河星。」
——清代詩人查慎行《舟夜書所見》
西方大家康定斯基（Wassily Kandinsky）曾說：「色彩是直接感染靈魂的。」在創作中色彩往往傳遞著情緒，流露著氣韻、格局，因而特定色彩的選用，亦凝縮藝術家的精神所向。在吳大羽的創作中，「藍色」是其鍾情的主旋律，無論是深邃的普魯士藍、穠麗的靛藍，還是淡雅的天青、水藍，皆帶著青花瓷般的雅麗，將西方的色彩轉化為東方的詩意。《花韻》一作獨到採用宋瓷的天青釉作為主色，於西式藍彩滲入具東方雅韻的灰調子，呈現五代後周柴世宗所言「雨過天青雲破處，這般顏色作將來」的詩情畫意。
畫作中，大片的天青藍彩自四角往中心處聚攏，色彩清和，卻呈現出強烈的放射狀結構，將觀眾的視線全然捲入置於中央的瓶花，鵝黃的花、翠綠的葉、棕褐的瓶身，以及隨著光線流轉而四溢折射的璀璨色澤，皆從這縱深的空間中破放而出，引入那「微微風簇浪，散作滿河星」的滿目繁花。隨著左右上下的筆力拓展，藍彩如波浪濤濤傾瀉而下，分別以淺、深、密、疏作出差異化的表達，自頂端的深濃至底部的清淺，光線從左上穿梭，穿透花色投射水色盪漾的湖藍光影，幾筆普藍畫龍點睛地綴於瓶身，強化著藍色系的主體動勢。而至中心，色域則進一步拓寬，以兩種色彩疊加的形式，形成不同光源下的變化，如蘭葉以黃調綠的翠綠、藍加綠的墨綠分別結合，花朵則以淺黃、橙黃、棕黃綻放出鮮妍的生命力，咖啡色的花瓶呼應著頂部上下一體的和諧張力，亦如琉璃般向四周投射淺棕的光線，直至繽紛花色在右下方留下一道暖黃與青綠的彩影，將冷與暖、明與暗的空間層次一一闡述，正是展現吳大羽所追求「謹慎進色，積時成彩」的表達。《花韻》的色彩元素簡潔而生動，雖未用七色卻勝似虹光萬丈。以色點、色塊的多重組合，煥發出極為繽紛的視覺新知，在吳大羽如浪花般湧動的筆勢下，盛放著芳菲生機，更在悠悠藍彩中，返還出一份淡染清華的安適及悠閒。
勁筆天成：大寫意的勢象之美
「天朗氣清，惠風和暢。仰觀宇宙之大，俯察品類之盛。所以遊目騁懷，足以極視聽之娛，信可樂也。」
——西晉書法家王羲之《蘭亭集序》
而眼前《花韻》所呈現「繁花連素色」的盎然，其主旨並非僅僅呈現瓶花的盛放狀態，更是在於以繽紛的色感、靈動的線條、激昂的筆勢，去展現體察四季而俯仰的寰宇，和「形色本身的生命」，而這，正是吳大羽所獨有的「勢象美學」。早在40年代，吳大羽在給學生吳冠中的書信中便提出這一美學理論：「示露到人眼目的，只能限於隱晦的『勢象』，這『勢象』之美，冰清玉潔，含著不具形質的重感。」他將「筆勢」與「形象」作為載體，以「氣勢」與「抽象」作出發想，創生出充斥著動勢、意象與韻律的獨特藝術語彙，即為《花韻》一作的綜合寫照。
吳大羽選取中國傳統繪畫中的「乾筆淡墨」進行揮灑賦色，筆勢利落，道道分明，並巧妙結合書法「疏能走馬，密不透風」的輕快節奏，以靈活調度。承接元代倪瓚「逸筆草草，不求形似」的「乾筆」韻味，他點蘸相對乾性的藍色顏料，快速揮毫，留下筆刷飛動的留白和速度感。而畫中筆勢縱橫灑掃，或是長筆當空，構架飽滿的空間張力，或是短筆飛揚，刷出清晰的色彩層次，呈現「勢」與「象」的結合。當中可見，三處縱向的長筆，以棕色、普藍和青綠為主調，形成巧妙的結構呼應，與之相應的橫筆藍彩於底端鋪展，構架平衡。而瓶花從花卉、枝條到瓶口，均以連動的弧狀線條帶出花葉舒展的妙韻，色彩隨著筆力互相交錯、對立、融合，激烈地在空間中爭妍。筆勢連動，自由灑脫，不拖泥帶水，亦絕無斷滯之嫌，抽象化的示意聯想，令花意天成，沖破四周直線的利落，而盪漾著靈動的快意。作品將印象派的光影、表現主義的感染力、抽象繪畫的結構性，綜合性地捕捉了形象在剎那間的永恆。衝破了油畫的濃郁厚重，吳大羽把傳統東方美學之妙融入其中，令花色與氣韻在這方寸間虛實相生，閃爍著灼灼光華，諦造藝術家對勢象美的自信之寫。
採菊東籬下：繁花似錦看人間
「你且仰望秋夜的晴空，浮雲散盡，萬物無聲，天際則疏列著明星，只是燦爛動人目，如繡如畫，使你從神智昏迷中間，返回清明，來接近了藝術世界，那時你也就彷彿接觸了他，接觸了這高人的心胸。」
——吳大羽《從陶淵明說到畫家》
一切花語皆心語。在《花韻》欣欣向榮的生命力中，吳大羽以匯融東西之筆，揮灑著心中繁花的無雙「勢象」；更以如菊的淡雅花色，寄寓著陶淵明般「採菊東籬下」的精神理想。自隱居以來，他始終視陶淵明為模範，以大隱隱於市的胸懷，去閱盡人間勝景，看遍四季流轉：「將比到自然之於生命，生命之於愛，渾然一體，美即我，我即淵明。」繁花似錦的自然，比之人格，是盡善盡美的情懷，比之藝術，是精神富足的信仰。吳大羽的花卉，不止有著線條之美、色彩之美、氣韻之美，更有著藝術之美、人格之美、理想之美。在他的那片花色中，我們看到了「灼灼其華」的綻放、「草木有本心」的執著、「閒花落地聽無聲」的淡然、及「只留清氣滿乾坤」的堅守，一一開放在藝術生命的土壤中，正如他那擲地有聲的話語：「我們從美麗中來，前面是真理所在！」 EXHIBITED
9 Mar – 8 Apr 2001, Exhibitions of Wu Dayu’s Paintings, National Museum of History, Taipei
PROVENANCE
18 Apr 1999, Christie’s Taipei Spring Auction, Lot 44
Acquired directly by present important private Asian collector from the above
Filling the Universe with Integrity
Floral Symphony - a Rare Oil Painting by Wu Dayu Blooms with the Beauty of Dynamic Imagery
Wu Dayu was one of the first generation of Chinese painters to study in France as well as the founder of abstract Chinese painting and theory. Lin Fengmian described him as "the standard bearer of the Hangzhou Arts Academy" and praised his "magnificent creativity," whereas for Lin Wenzheng he was "a representative of the Chinese colour school of painting." In 1922, Wu studied in Paris and had the foresight to dedicate himself to the rising tide of modernism. Moreover, on returning to China and becoming dean of the department of Western painting at Hangzhou Academy of Art he adopted an inspirational approach to teaching, encouraged creative freedom and cultivated three students who went on to become internationally renowned artists, rewriting the modern art history of China – Zao Wou-Ki, Wu Guanzhong and Chu Teh-Chun. As such, Wu was later known as the "Grandmaster of art masters." Although Wu, along with Lin Fengmian and Liu Haisu, was one of the first generation of Chinese oil painters, he was also "a pioneer among pioneers" and the first Chinese artist to embrace abstraction and receive major accolades. Indeed, his unique "dynamic imagery" aesthetic influenced countless generations of aspiring artists across China.
However, Wu Dayu’s life was far from easy. During the 1940s he was forced to relocate because of the second Sino-Japanese war, in the 1950s he became a target of political struggle and for most of his life thereafter lived in seclusion in a 10 square meter garret loft in the Shikumen of Shanghai, where he painted. It was only after the Cultural Revolution ended in the 1970s that Wu entered his most productive period in 1980, during which time he gave voice to his art-life experience. The current work for auction Floral Symphony was completed in 1980 against this background and is one of the best floral themed works from the 146 oil paintings by Wu known to exist. The piece has been part of the collection of an important private Asian collector for 25 years, is in excellent condition and has a well documented provenance. It has also featured in exhibitions and publications, including in the catalogue for the Wu Da-yu Exhibition held at the National History Museum in Taipei in 2001, as well as in the artist’s six-volume painting album collected works, an indication of its importance.
Putting Down Roots as Art: Creating a Unique Universe from Flowers
"Beauty is found in the heavens as with clouds, enters the mind, is reworked and puts down roots as art."
——Wu Dayu
Wu Dayu loved painting flowers and many of his best known works have floral themes such as Red Flower and Colourful Grass in the National Art Museum of China collection. Indeed, flowers were one of the first themes on which Wu focused and remained an important basic motif throughout his life, as evidenced by the artist’s sketches in the 1940s, crayon drawings in the 1950s, ink paintings from the 1960s or the abstract oil painting Floral Symphony from the 1980s. In other words, it represents as a classical symbol of Wu Dayu’s personal aesthetics.
From the 1950s, Wu was limited by the environment in which he found himself and lived in seclusion in a small garret loft in Shanghai. Despite living in such a confined space, with just one small window, he still observed the changes of the four seasons beyond the window. Although his semi-abstract expressive forms were unacceptable in that era, the brilliant colours in which he painted were so pure and true that ultimately they speak to the artist’s state of mind. It is precisely against this backdrop that Wu’s floral series of oil paintings represent an outpouring of words on the nature of the artistic life. Floral Symphony, completed in 1980, is one of the greatest masterpieces he produced in later life.
Savouring Beautiful Colours in Fleeting Light: Poetry of Dancing Colours in a Clear Sky after Rain
"The Breeze builds into waves, scattering and filling the river with stars."
——Qing poet Zha Shenxing, On a Boat at Night Writing about What I Saw
In the paintings of Wu Dayu "blue" is the central melody with which he fell in love and Floral Symphony takes the azure glaze of Song Dynasty ceramics as its main hue, permeating Western blue with the grey tones of elegant Eastern rhymes. The large area of cerulean blue moves from the four corners of the work and gathers in the centre. Although the colour is clear and peaceful, it also showcases a powerful radiating structure, so the eyes of viewers are inextricably drawn to the flower vase at the centre, the light yellow flowers, green leaves, brown vase and brilliant colours that brim forth with the flowing light, breaking out from the depths of space. With the expansion of stroke strength to the left and right, up and down, the blue hue pours forth like a torrent of waves, showcasing differentiated expression comprised of light and dark colours, compact and dispersed strokes. At the centre of the painting the colour gamut is further widened, in the form of two colours layered on top of each other to create changes from different light sources. For example, the lush greenness of the yellow mixed into green orchid leaves, the dark green made from adding blue to green, while the light yellow, orange-yellow and brown-yellow of the flowers exude a sumptuous vitality, with the spatial layers of warm and cold, light and darkness elucidated one by one. This highlights Wu Dayu’s injunction to: "Use colours carefully and slowly over time you will achieve the desired result". In this context, the colour elements in Floral Symphony are simple and alive, and although the artist does not employ seven colours his presentation outshines the beauty of a rainbow.
Naturally Formed Strong Strokes: the Beauty of Freehand Dynamic Images
The work Floral Symphony is replete with exuberance but its main subject is not merely expressing the flowers in the vase in full bloom, but rather the resplendent sense of colour, the energetic lines and passionate brushwork, as the artist observes seasonal changes and the "life inherent in form and colour." It is precisely here that we experience first-hand the unique "dynamic imagery aesthetic" of Wu Dayu. As far back as the 1940s, Wu elaborated on aesthetic theory in a letter to his student Wu Guanzhong: "In revealing a painting to the human eye one is limited to hidden ‘dynamic imagery’ and the beauty of this ‘dynamic imagery’ is pure and noble encompassing a weight that has neither form nor texture." Wu viewed "stroke strength" and "image" as vehicles that drive "momentum" and "abstraction," enabling the artist to create a unique artistic language imbued with force, imagery and rhyme. Floral Symphony is a testament to this artistic approach.
Wu Dayu chooses the "dry brush and light ink" of traditional Chinese painting to play with colours, dipping into dry blue pigment, while employing quick movements of his brush and deft brushwork, each clear and succinct, ingeniously combining the light and rapid rhythm of calligraphy with flexible adjustments. In the painting, the strong brushwork sweeps across the canvas and whether the flowing long strokes, the spatial tension that fills the structure or the shorter strokes, these create a clear layering of colour that showcases the combination of "dynamism" and "imagery." From the flowers and stalks in the vase to the opening of the vase, Wu employs connected arc lines that bring out the exquisite rhythm of the outstretched flowers and leaves. With the interplay, juxtaposition and combination of brushstroke strength, the colours vigorously compete for attention in the space, a testament to the artist’s self-confidence at the beauty of dynamic imagery.
Picking Chrysanthemums under the Eastern Fence: Seeing the World through Blooming Flowers
All flower language is the language of the heart. Among the thriving vitality of Floral Symphony, Wu Dayu combines eastern and Western brushwork, giving rein to the unique "dynamic imagery" of each flower in his mind. He also uses the elegant colour of chrysanthemums to imbue the work with the idealistic spirit and worldly detachment of Picking Chrysanthemums Under the Eastern Fence by Tao Yuanming (365-427). After Wu started living a life of solitude, he came to view Tao as a role model, adopting the mindset of the ideal hermit living in a noisy market, while viewing the great things in human life and observing the changing seasons: "What nature is to life, life is to love, they are part of one whole, wherein beauty is me and I am Tao Yuanming." Comparing the nature of beautiful flowers to human character is the perfect sentiment, while comparing it to art is a belief rich in spirit. In the artist’s flower colours, viewers see the "brilliant luster" of their blossoming, the insistence that "flora have instinctive nature," the indifference that "idle flowers fall to the ground unheard, and a firm belief "in letting one’s integrity fill the universe." As these ideas blooms in the earth of artistic life, they resonate with the words of Wu Dayu: "We come from beauty, ahead lies truth!"
CONDITIONS OF BUSINESS FOR BUYERS The following provisions may be amended by public notice or verbal notifi cation during the auction. By bidding at the auction, the Bidder agrees to be bound by the following provisions. Article 1 China Guardian (Hong Kong) Auctions Co., Ltd. as the Auction Agent Unless otherwise provided, China Guardian (Hong Kong) Auctions Co., Ltd. shall serve as the Seller’s agent. The contract for the sale of the Auction Property shall be the contract between the Seller and the Buyer. These Conditions, the Conditions of Business for Sellers, and all other terms, conditions and notices contained in the catalogue, announced by the Auctioneer or provided in the auction venue in the form of an announcement shall constitute the terms agreed among the Seller, the Buyer and/or China Guardian (Hong Kong) Auctions Co., Ltd. as the auction agent. Article 2 Defi nitions and Explanations 1. The following terms herein shall have the meanings assigned to them below: (1) “Company” means China Guardian (Hong Kong) Auctions Co., Ltd.; (2) “China Guardian” means China Guardian Auctions Co., Ltd., with its domicile at 3/F, Offi ce Area, Guardian Art Center, No.1 Wangfujing Street, Dongcheng District, Beijing, People’s Republic of China; (3) “Seller” means any person, company, body corporate or entity that offers Auction Property for sale. Unless otherwise stated or specifi cally required by the context, the term “Seller” herein shall include the Seller’s agent (excluding the Company), executor or personal representative; (4) “Bidder” means any person, company, body corporate or entity that contemplates, makes or attempts a bid in any manner. Unless otherwise stated or specifi cally required by the context, the term “Bidder” herein shall include the Bidder’s agent; (5) “Buyer” means the Bidder, including the principal of a person bidding as an agent, the highest bid or off er of whom is accepted by the Auctioneer in the auction held by the Company; (6) “Buyer’s Commission” means the commission that the Buyer must pay to the Company based on the Hammer Price at the rate specifi ed herein; (7) “Auction Property” means the item(s) that the Seller consigns to the Company for auction and which are auctioned off at the auction; (8) “Auction Date” means, for a particular auction, the date announced by the company on which the auction will offi cially commence; (9) “Sale Date” means the date on which the transaction of an Auction Property is confi rmed by the striking of the hammer by the Auctioneer or other public indication by the Auctioneer that a transaction has been struck in the auction held by the Company; (10) “Auctioneer” means the person that the Company designates to preside over a particular auction; (11) “Hammer Price” means the price at which the Auctioneer strikes the hammer, deciding the sale of the Auction Property to the Buyer, or, in the case of a post-auction transaction, the agreed upon sale price; (12) “Purchase Price” means the total amount that the Buyer is required to pay for his or her purchase of an Auction Property, including the Hammer Price plus the Buyer’s Commission, and the taxes, levies, interest and various charges payable by the Buyer; (13) “Buyer Charges” means the expenditures and expenses relating to the sale of an Auction Property by the Company, including but not limited to the charges for insurance, packing, transport, storage and custody that the Company is required to purchase in respect of the Auction Property, expenses for testing, investigation, searching or authentication of an Auction Property additionally requested by the Buyer and additional expenditures and legal expenses incurred in seeking recourse against a defaulting Buyer; (14) “Reserve” means the confidential minimum selling price for an Auction Property determined by the Seller and the Company; (15) “Estimated Price” means the estimated sales price of an Auction Property indicated in the catalogue or after other descriptive text, and excluding the Buyer’s Commission; (16) “Storage Fee” means the charge for storage that the Buyer is required to pay to the Company in accordance herewith. 2. As required by the context, the singular of a term herein includes the plural thereof, and vice versa. Unless otherwise required by the context: (i) the Buyer and the Company are herein collectively referred to as the “Parties”, and a “Party” refers to either Party; (ii) Any mention of legal provisions shall be construed as including any future amendments to, or re-enactment of, such provisions; (iii) Any mention of “person” shall include natural persons, companies, legal persons, enterprises, partnerships, individual proprietorships, governmental or social organizations and organizations comprised of more than one of the foregoing; (iv) Any mention of “Article” or “Clause” refers to the Articles or Clauses hereof; (v) The headings are provided for ease of reference only, and shall not aff ect the interpretation hereof. Article 3 Applicable Scope All Bidders, Buyers and other concerned parties participating in the auction of such collectibles as cultural artifacts, works of art, etc. organized and conducted by the Company shall act in accordance herewith. Article 4 Special Notice All Bidders and Buyers participating in the auction by the Company shall carefully read and abide by these Conditions, and, in particular, they shall carefully read the provisions hereof on the liability of the Company, the restrictive provisions, and the disclaimers. The Bidder and/or his or her agent is/are responsible for viewing the original Auction Properties in person, and shall be legally liable for his or her bidding on the Auction Properties. The Company may at its own discretion postpone or cancel any auction due to weather or other reasons and shall not be liable to make any compensation to the Bidder. Article 5 Responsibilities of the Bidder and the Company in Respect of the Auction Properties 1. The Company’s perception of an Auction Property is partly dependent on the information provided by the Seller, the Company is in no position to and will not carry out comprehensive due diligence of the Auction Properties. The Bidder is aware of this and shall be responsible for inspecting and examining the original Auction Properties so as to satisfy himself or herself in respect of those Auction Properties which he or she may be interested in. 2. All Auction Properties to be sold by the Company are available for viewing by the Bidder before sale. Where the Bidder and/or his or her agent participates in bidding, the Bidder shall be deemed as having thoroughly examined the Auction Properties, and to be satisfi ed with the condition of, and the accuracy of the description of, the Auction Properties. 3. The Bidder confi rms that numerous Auction Properties are of great age and of special types, meaning that they are not necessarily sound and free from defects. All Auction Properties are sold “as is” at the time of the auction (whether or not the Bidder attends the auction in person). Condition reports may be provided at the time of viewing the Auction Properties. Under certain CONDITIONS OF BUSINESS FOR BUYERS 理由； 將狀況與銷售予買家當日相同，並能轉移其妥善所有權且自銷售日期後 並無出現任何第三方申索之拍賣品退還予本公司。 (三) 有關現代及當代藝術、中國油畫以及中國書畫，雖然目前學術界不 容許對此類別作出確實之說明，但本公司保留酌情權按本保證但以拍賣 日後一年內為限取消證實為膺品之現代及當代藝術、中國油畫以及中國 書畫拍賣品之交易；已付之款項按本條規定退還予買家，但買家必須在 拍賣日起一年內向本公司提供證據(按本條第(二)、(四)款規定的方式)， 證實該拍賣品為膺品； (四) 本公司可酌情決定豁免上述任何規定。本公司有權要求買家索取兩 名為本公司及買家雙方接納之獨立及行內認可專家之報告，費用由買家 承擔。本公司無須受買家出示之任何報告所規限，並保留權利尋求額外 之專家意見，費用由本公司自行承擔。 第三十四條 資料獲取、錄影 就經營本公司的拍賣業務方面，本公司可能對任何拍賣過程進行錄音、 錄影及記錄，亦需要向競投人搜集個人資料或向第三方索取有關競投 人的資料(例如向銀行索取信用審核)。這些資料會由本公司處理並且保 密，唯有關資料有可能根據本規則的目的或其它合法目的，提供給本公 司、本公司的分部、附屬公司、子公司、母公司、中國嘉德、中國嘉德 的分部、附屬公司、子公司、母公司，以協助本公司為競投人提供完善 的服務、進行客戶分析，或以便提供符合競投人要求的服務。在本規則 項下的交易完成後(如適用)，本公司可在法律容許的合理時間內，保存 及使用已收集的個人資料。如競投人或買家欲查閱及／或更正存於本公 司的個人資料，可書面致函本公司(連同合理的行政費)提出有關要求。 為了競投人的權益，本公司亦可能需要向第三方服務供應商(例如船運公 司或存倉公司)提供競投人的部份個人資料。競投人參與本公司的拍賣， 即表示競投人同意上文所述。如競投人欲獲取或更改個人資料，請與客 戶服務部聯絡。 第三十五條 版權 賣家授權本公司對其委託本公司拍賣的任何拍賣品製作照片、圖示、圖 錄或其他形式的影像製品和宣傳品，本公司享有上述照片、圖示、圖錄 或其他形式的影像製品和宣傳品的版權，有權對其依法加以無償使用。 未經本公司事先書面同意，買家及任何人不得使用。本公司及賣家均並 未作出拍賣品是否受版權所限或買家是否取得拍賣品之任何版權的陳述 及保證。 第三十六條 通知 競投人及買家均應將其固定有效的通訊地址和聯絡方式以競投登記文 件或其他本公司認可的方式告知本公司，若有改變，應立即書面告知 本公司。 本規則中所提及之通知，僅指以信函、電子郵件、傳真或透過本公司 APP用戶端(“APP用戶端”)形式發出的書面通知。該等通知在下列時間 視為送達： (一) 如是專人送達的，當送到有關方之地址時； (二) 如是以郵寄方式發出的，則為郵寄日之後第七天； (三) 如是以傳真方式發出的，當發送傳真機確認發出時； (四) 如果是以電子郵件形式發出的，當在電子郵件記錄上確認發出之時； (五) 如本公司透過APP用戶端方式發出的，則發送當日為競投人及買家 收到該通知日期。 第三十七條 可分割性 如本規則之任何條款或部分因任何理由被認定為無效、不合法或不可執 行，本規則其他條款或部分仍然有效，相關各方應當遵守、執行。 第三十八條 法律及管轄權 (一) 本規則及其相關事宜、交易、因依照本規則參加本公司拍賣活動而 引起或與之有關的任何爭議，均受香港法律規管並由香港法律解釋。 (二) 受制於第三十八（三）條的規定，香港法院對本公司拍賣活動而引 起或與之有關的任何爭議（“該爭議”）擁有專屬管轄權。本公司、買 家及競投人同意香港法院為最合適及便利的法院以解決該爭議。因此， 任何一方不會就此提出反對。 (三) 本第三十八（三）條只受益於本公司。本公司有權於任何其他具管 轄權的法院就該爭議提起訴訟而不受任何限制。在法律允許的範圍內， 本公司可在若干司法管轄區同時進行訴訟。 第三十九條 語言文本 本規則以中文為標準文本，英文文本為參考文本。 英文文本如與中文文本有任何不一致之處，以中文文本為準。 第四十條 規則版權所有 本規則由本公司制訂和修改，相應版權歸本公司所有。未經本公司事先 書面許可，任何人不得以任何方式或手段，利用本規則獲取商業利益， 亦不得對本規則之任何部分進行複製、傳送或儲存於可檢索系統中。 第四十一條 適用時期 本規則只適用於本次拍賣，本公司可不時更新本規則，競投人和買家參 與另一次拍賣的時候應以當時適用的買家業務規則為準。 第四十二條 解釋權 日常執行本規則時，本規則的解釋權由本公司行使。如買家、賣家與本 公司發生法律爭議，在解決該爭議時，本規則的解釋權由具管轄權的法 院行使。 版本日期：2022年5月11日 本公司地址：香港金鐘道89號力寶中心一座五樓 circumstances, the catalogue descriptions and condition reports may serve as reference about certain defects in the Auction Properties. Nevertheless, the Bidder should note that the Auction Properties may have other defects not expressly stated in the catalogue or condition reports. 4. The information concerning any Auction Property provided to the Bidder, including any forecast information (written or verbal), and any information, rules or other reports, commentaries or estimated values contained in the catalogues, are not statements of fact, but rather statements of the opinions held by the Company. Such information may be revised at the sole discretion of the Company from time to time. 5. Neither the Company nor the Seller gives any representations or warranties as to whether any Auction Property is subject to any copyright or whether the Buyer has bought the copyright in any Auction Property. 6. Subject to Articles 5(1) to 5(5) and the specifi c exemptions contained in Article 6 hereof, the catalogue descriptions and condition reports are made by the Company in a reasonable and prudent manner (consistent with the provisions relating to the Company as the Auction Agent) based on (1) the information provided by the Seller to the Company; (2) academic and technical knowledge (if any); and (3) generally accepted opinions of relevant experts. Article 6 Exemption of Liability Toward the Buyer and Limitations 1. Subject to Article 5 and Articles 6(1) and 6(4) hereof, the Company or the Seller shall not: (1) be liable for any errors or omissions in the information provided by the Company to the Bidder, whether verbally or in writing, regardless of whether due to negligence or otherwise; (2) give any guarantee or warranty to the Bidder, and any implied warranties or conditions other than the express warranties given by the Seller to the Buyer through the Company are excluded (except where it is provided in law that such liabilities may not be exempted); (3) be liable to any Bidder for any actions or omissions in respect of any matter relating to the auction or sale of any Auction Property by the Company (regardless of whether due to negligence or otherwise). 2. Unless the Company owns the Auction Property to be sold, it shall not be liable for any breach of these Conditions by the Seller. 3. Without prejudice to Article 6(1) hereof, the amount of any claim that a Bidder may lodge against the Company or the Seller shall be limited to the Hammer Price of the Auction Property and the Buyer’s Commission. Under no circumstance shall the Company or the Seller bear any consequential losses incurred by the Buyer. 4. Article 6 hereof does not exempt or restrict the liability of the Company for any fraudulent misrepresentation made by the Company or the Seller, nor for any personal injury or death arising due to the negligence of or an omission by the Company or the Seller. Article 7 Catalogue and Other Descriptions of the Auction Property All statements made by the Company about an Auction Property in the catalogue or in the condition reports, or separately made verbally or in writing, are statements of opinion only, and shall not be relied upon as statements of fact. Such statements do not constitute any representation, warranty or assumption of liability by the Company in any form. The relevant defects and restorations mentioned in the catalogue or the condition report for an Auction Property are for guidance only and shall be reviewed in person by the Bidder or a representative with the relevant knowledge. The absence of a reference to the above-mentioned information does not mean that the Auction Property is completely free from defects or has never been restored. Furthermore, even if reference is made to a specifi c defect, this does not mean there are no other defects. Where there is a discrepancy between the tone, colour, texture or shape of an Auction Property in the catalogue and/or in any other manner of illustration, video recording or publicity materials and that of the original, due to printing, photographic or other such technical reason, the actual Auction Property shall prevail. Bibliographies cited in any description of an Auction Property by the Company, its employees or its agents are for the Bidder’s reference only. The Company will not provide the originals or photocopies of the bibliographic publications or other such materials, and reserves the right to revise the cited descriptions. Article 8 Reserve and Estimated Price A Reserve is set for all of the Company’s Auction Properties, unless it is indicated or stated that an Auction Property is not subject to such a Reserve. In general, the Reserve is not higher than the low Estimated Price announced or published before the auction by the Company. If a Reserve has not been set for an Auction Property, unless there already have been bids, the Auctioneer shall have the right, at his or her discretion, to decide the starting price, which, however, may not be higher than the low Estimated Price of the Auction Property before the auction. Under no circumstance shall the Company bear any liability in the event that the bids for an Auction Property fail to reach the Reserve at the auction held by the Company. If the bids for an Auction Property are lower than the Reserve, the Auctioneer shall have the right, at his or her discretion, to sell the Auction Property at a price lower than the Reserve. However, under such a circumstance, the amount that the Company shall pay the Seller shall be the amount that the Seller would have received had the Auction Property been sold at the Reserve. An Estimated Price is estimated some time before the Auction Date, is not a defi nitive selling price, and is not legally binding. No Estimated Price may serve as a forecast of the Hammer Price for an Auction Property, and the Company has the right to revise from time to time Estimated Price(s) that have already been made. Article 9 Bidding at Auction Bidders shall bid through the following methods: 1. The Bidder shall attend the auction in person, and complete the registration and pay a bid deposit before obtaining a paddle as required, subject to Article 10 to Article 12 hereof; or 2. Subject to Article 15 hereof, the Bidder may appoint the Company in writing to bid on his or her behalf by a duly completed and signed Telephone Bidding Form of the Company (“Telephone Bidding Form”); or 3. The Bidder shall adopt the Live Auction Platform which authorized by the Company. Article 10 Bidder Registration Where the Bidder is an individual, he or she shall fi ll in and sign before the Auction Date the registration documents on the strength of an identity document with photo issued by the government (such as a resident identity card or passport), and provide proof of his or her current address (e.g. a utility bill or bank statement); where the Bidder is a company or other organization, it shall fill in and sign the registration documents on the strength of its valid incorporation document, proof of shareholding and lawful authorization document, and collect a paddle before the Auction Date. The Company may request the Bidder to present banking information for making payment or other proof of fi nancial standing. Article 11 Paddle The Company may, depending on the auction conditions and auction method, announce before the Auction Date the conditions and procedures for obtaining a paddle, including but not limited to formulating the qualifi cation conditions necessary for Bidders to carry out the procedures for obtaining a paddle. The Company solemnly reminds the Bidder that a paddle is the sole proof for the Bidder to participate in the bidding in person. The Bidder shall keep the same in safe custody and may not lend the same to other persons. In the event it is lost, the Bidder shall promptly carry out the loss report procedures by way of a written method approved by the Company. All of the bidding acts carried out during the auction by a paddle holder, regardless of whether he or she has been appointed by the Bidder, shall be deemed as having been done by the paddle registrant himself or herself, and the Bidder shall bear the legal liability for the acts of such person, unless the paddle registrant has himself or herself carried out with the Company the procedures for reporting the loss of a paddle by way of a written method approved by the Company, and the paddle in question is declared void by the Auctioneer on the spot. Article 12 Bid Deposit When the Bidder participates in the Company’s auction, he or she shall pay a bid deposit before collecting the paddle. The amount of the bid deposit shall be announced by the Company before the Auction Date, and the Company has the right to reduce or waive the bid deposit. If the Bidder fails to buy an Auction Property and does not have any amounts owing to the Company, its divisions, affiliates, subsidiaries or parent, or China Guardian, its divisions, affiliates, subsidiaries or parent, the entire amount of the bid deposit shall be refunded to the Bidder without interest within 14 working days after conclusion of the auction. If the Bidder becomes the Buyer, the bid deposit shall automatically be transformed into the deposit for payment of the Purchase Price of the Auction Property. Article 13 Discretion of the Company The Company has the right, at its discretion, to refuse anyone from participating in the auction held by the Company, entering the auction venue, or taking photos, audio recordings or video recordings, etc. in the auction venue. Article 14 Bidding as Principal Unless a particular Bidder has presented written proof to the Company indicating that he or she is the agent of a particular Bidder and the same has been approved in writing by the Company, each Bidder shall be deemed to be the Bidder himself or herself. Article 15 Telephone Bids The Bidder shall attend the auction in person. If he or she cannot attend in person or by way of an agent, he or she may appoint the Company in writing using the Telephone Bidding Form to bid on his or her behalf. The Company shall have the discretion to decide whether or not to accept such an appointment. If the Bidder wishes to appoint the Company to bid on his or her behalf, he or she should have completed the appointment procedures of the bids by the prescribed deadline (no later than 24 hours before the Auction Date), present a duly completed and signed Telephone Bidding Form to the Company, and paid the bid deposit pursuant to these Conditions. If, having appointed the Company to bid on his or her behalf, the Bidder wishes to cancel the appointment, he or she shall notify the Company in writing no later than 24 hours before the Auction Date. Article 16 Outcome of Telephone Bid If the Bidder has appointed the Company to bid on his or her behalf, the bid outcome and relevant legal liabilities shall be borne by him or her. The Bidder shall accurately provide the instant communication method (such as mobile phone number) and keep such instant communication instrument in safe custody. While the Company is appointed to bid on the behalf of the Bidder, the Bidder shall personally use the instant communication instrument. In event of loss of, or loss of the control of, the instant communication instrument in question, the Bidder shall promptly revise by way of a written method approved by the Company the instant communication method provided on the Telephone Bidding Form. While the Company is appointed to bid on the Bidder’s behalf, it will (use timely and appropriate effort) to contact the Bidder, and all of the bidding information transmitted by the instant communication instrument (regardless of whether it is transmitted by the Bidder himself or herself or the Bidder’s Agent) shall be deemed as having been transmitted by the Bidder himself or herself, and the Bidder shall be legally liable for the actions thereof, unless the Buyer has himself or herself altered by way of a written method approved by the Company the instant communication method provided on the Telephone Bidding Form. Nevertheless, under no circumstance shall the Company be liable for any unsuccessful attempt to make contact or for any errors or omissions in the bids made using the instant communication instrument in question. Article 17 Disclaimer of Liability for Telephone Bid Given that telephone bidding is a free service provided by the Company to the Bidder for the purpose of transmitting bidding information, neither the Company nor its employees shall be liable for unsuccessful bids or any errors, omissions, negligence, fault or inability to bid on the Bidder’s behalf arising in the course of the bidding on the Bidder’s behalf. Article 18 Discretion of the Auctioneer The Auctioneer shall have the absolute right of discretion in respect of the following matters: 1. to refuse or accept any bid; 2. to conduct the auction in the manner he or she decides; 3. to withdraw any Auction Property, divide it into separate lots for auction or combine any two or more Auction Properties and auction them together; 4. where an error or dispute occurs, whether during or after the auction, to decide the successful Bidder, whether or not to continue the auction, to cancel the auction or to auction the disputed Auction Property anew; 5. to open and conduct the bidding at the level and at bid increments that he or she deems appropriate, and to bid on behalf of the Seller up to the amount of the Reserve, by making a bid, by making consecutive bids or by making bids in response to the bids of other Bidders; 6. to take other actions that he or she reasonably deems appropriate. Article 19 No Reserve For those Auction Properties without a Reserve, unless there are bids, the Auctioneer shall have the right, at his or her own discretion, to decide the starting price. If there are no bids at such price, the Auctioneer will, at his or her own discretion, lower the price and continue the auction until a Bidder starts to bid, whereupon he will increase the price from there and continue the auction. Article 20 Image Display Panel and Currency Conversion Display Panel For the convenience of Bidders, the Company may use image projection or other manner of display panel during the auction. The information shown thereon shall be provided for reference only. Regardless of whether there may be errors in the information, such as the amount, reference number of an Auction Property, the picture of an Auction Property or reference foreign exchange amount, etc., shown on the image projection or other manner of display panel, the Company shall not be liable for any losses arising as a result thereof. Article 21 Successful Sale Upon the confi rmation of the highest bid by the striking of the hammer or otherwise by the Auctioneer, such Bidder’s bid shall be the successful bid, indicating that he or she has become the Buyer of the Auction Property, and that a binding sales contract has been concluded between the Seller and the Buyer. Article 22 Commission and Charges Once the Bidder has made a successful bid, he or she becomes the Buyer of the Auction Property. The Buyer shall pay to the Company a commission to be calculated as follows: For each Auction Property, those part of Hammer Price which is HKD5 million or below, the commission shall be equivalent to 20% of the Hammer Price; for each Auction Property whose Hammer Price exceeds HKD5 million, the commission applicable to those part of the Hammer Price between HKD5 million to HKD20 million shall be equivalent to 17% thereof and the commission applicable to those part of the Hammer Price above HKD20 million shall be equivalent to 14 % thereof. The Buyer shall also pay to the Company other Buyer Charges, and accepts that the Company may charge the Seller a commission and other Seller charges in accordance with the Conditions of Business for Sellers. Article 23 Taxes All the monies paid to the Company by the Buyer shall be the net amount, exclusive of any tax on goods, tax on services or other value added tax (whether levied by Hong Kong or another region). If any taxes or levies are applicable to the Buyer, he or she shall solely bear the same in accordance with the relevant laws currently in force. Article 24 Payment Deadline Unless otherwise agreed in writing, after a sale, the Buyer shall pay the Purchase Price in full to the Company and collect the Auction Property within seven days from the Sale Date, regardless of any export, import or other permit regulations for the Auction Property. All packing and handling charges, freight and insurance charges, export related charges, etc. involved, if any, shall be paid by the Buyer together with the foregoing. Article 25 Payment Currency All monies shall be paid in Hong Kong dollars. If the Buyer pays in a currency other than the Hong Kong dollar, the same shall be converted at the exchange rate agreed between the Buyer and the Company or at the exchange rate for the Hong Kong dollar and the currency in question posted by The Hong Kong & Shanghai Banking Corporation Ltd. one working day prior to the date of payment by the Buyer. All bank service charges, commissions and other charges incurred by the Company in converting the foreign currency paid by the Buyer into Hong Kong dollars shall be borne by the Buyer. Article 26 Transfer of Ownership Even if the Auction Property has not been delivered to the Buyer by the Company, the Buyer shall have secured ownership of the Auction Property but before he or she has paid in full the Purchase Price and all amounts that he or she may owe the circumstances, the catalogue descriptions and condition reports may serve as reference about certain defects in the Auction Properties. Nevertheless, the Bidder should note that the Auction Properties may have other defects not expressly stated in the catalogue or condition reports. 4. The information concerning any Auction Property provided to the Bidder, including any forecast information (written or verbal), and any information, rules or other reports, commentaries or estimated values contained in the catalogues, are not statements of fact, but rather statements of the opinions held by the Company. Such information may be revised at the sole discretion of the Company from time to time. 5. Neither the Company nor the Seller gives any representations or warranties as to whether any Auction Property is subject to any copyright or whether the Buyer has bought the copyright in any Auction Property. 6. Subject to Articles 5(1) to 5(5) and the specifi c exemptions contained in Article 6 hereof, the catalogue descriptions and condition reports are made by the Company in a reasonable and prudent manner (consistent with the provisions relating to the Company as the Auction Agent) based on (1) the information provided by the Seller to the Company; (2) academic and technical knowledge (if any); and (3) generally accepted opinions of relevant experts. Article 6 Exemption of Liability Toward the Buyer and Limitations 1. Subject to Article 5 and Articles 6(1) and 6(4) hereof, the Company or the Seller shall not: (1) be liable for any errors or omissions in the information provided by the Company to the Bidder, whether verbally or in writing, regardless of whether due to negligence or otherwise; (2) give any guarantee or warranty to the Bidder, and any implied warranties or conditions other than the express warranties given by the Seller to the Buyer through the Company are excluded (except where it is provided in law that such liabilities may not be exempted); (3) be liable to any Bidder for any actions or omissions in respect of any matter relating to the auction or sale of any Auction Property by the Company (regardless of whether due to negligence or otherwise). 2. Unless the Company owns the Auction Property to be sold, it shall not be liable for any breach of these Conditions by the Seller. 3. Without prejudice to Article 6(1) hereof, the amount of any claim that a Bidder may lodge against the Company or the Seller shall be limited to the Hammer Price of the Auction Property and the Buyer’s Commission. Under no circumstance shall the Company or the Seller bear any consequential losses incurred by the Buyer. 4. Article 6 hereof does not exempt or restrict the liability of the Company for any fraudulent misrepresentation made by the Company or the Seller, nor for any personal injury or death arising due to the negligence of or an omission by the Company or the Seller. Article 7 Catalogue and Other Descriptions of the Auction Property All statements made by the Company about an Auction Property in the catalogue or in the condition reports, or separately made verbally or in writing, are statements of opinion only, and shall not be relied upon as statements of fact. Such statements do not constitute any representation, warranty or assumption of liability by the Company in any form. The relevant defects and restorations mentioned in the catalogue or the condition report for an Auction Property are for guidance only and shall be reviewed in person by the Bidder or a representative with the relevant knowledge. The absence of a reference to the above-mentioned information does not mean that the Auction Property is completely free from defects or has never been restored. Furthermore, even if reference is made to a specifi c defect, this does not mean there are no other defects. Where there is a discrepancy between the tone, colour, texture or shape of an Auction Property in the catalogue and/or in any other manner of illustration, video recording or publicity materials and that of the original, due to printing, photographic or other such technical reason, the actual Auction Property shall prevail. Bibliographies cited in any description of an Auction Property by the Company, its employees or its agents are for the Bidder’s reference only. The Company will not provide the originals or photocopies of the bibliographic publications or other such materials, and reserves the right to revise the cited descriptions. Article 8 Reserve and Estimated Price A Reserve is set for all of the Company’s Auction Properties, unless it is indicated or stated that an Auction Property is not subject to such a Reserve. In general, the Reserve is not higher than the low Estimated Price announced or published before the auction by the Company. If a Reserve has not been set for an Auction Property, unless there already have been bids, the Auctioneer shall have the right, at his or her discretion, to decide the starting price, which, however, may not be higher than the low Estimated Price of the Auction Property before the auction. Under no circumstance shall the Company bear any liability in the event that the bids for an Auction Property fail to reach the Reserve at the auction held by the Company. If the bids for an Auction Property are lower than the Reserve, the Auctioneer shall have the right, at his or her discretion, to sell the Auction Property at a price lower than the Reserve. However, under such a circumstance, the amount that the Company shall pay the Seller shall be the amount that the Seller would have received had the Auction Property been sold at the Reserve. An Estimated Price is estimated some time before the Auction Date, is not a defi nitive selling price, and is not legally binding. No Estimated Price may serve as a forecast of the Hammer Price for an Auction Property, and the Company has the right to revise from time to time Estimated Price(s) that have already been made. Article 9 Bidding at Auction Bidders shall bid through the following methods: 1. The Bidder shall attend the auction in person, and complete the registration and pay a bid deposit before obtaining a paddle as required, subject to Article 10 to Article 12 hereof; or 2. Subject to Article 15 hereof, the Bidder may appoint the Company in writing to bid on his or her behalf by a duly completed and signed Telephone Bidding Form of the Company (“Telephone Bidding Form”); or 3. The Bidder shall adopt the Live Auction Platform which authorized by the Company. Article 10 Bidder Registration Where the Bidder is an individual, he or she shall fi ll in and sign before the Auction Date the registration documents on the strength of an identity document with photo issued by the government (such as a resident identity card or passport), and provide proof of his or her current address (e.g. a utility bill or bank statement); where the Bidder is a company or other organization, it shall fill in and sign the registration documents on the strength of its valid incorporation document, proof of shareholding and lawful authorization document, and collect a paddle before the Auction Date. The Company may request the Bidder to present banking information for making payment or other proof of fi nancial standing. Article 11 Paddle The Company may, depending on the auction conditions and auction method, announce before the Auction Date the conditions and procedures for obtaining a paddle, including but not limited to formulating the qualifi cation conditions necessary for Bidders to carry out the procedures for obtaining a paddle. The Company solemnly reminds the Bidder that a paddle is the sole proof for the Bidder to participate in the bidding in person. The Bidder shall keep the same in safe custody and may not lend the same to other persons. In the event it is lost, the Bidder shall promptly carry out the loss report procedures by way of a written method approved by the Company. All of the bidding acts carried out during the auction by a paddle holder, regardless of whether he or she has been appointed by the Bidder, shall be deemed as having been done by the paddle registrant himself or herself, and the Bidder shall bear the legal liability for the acts of such person, unless the paddle registrant has himself or herself carried out with the Company the procedures for reporting the loss of a paddle by way of a written method approved by the Company, and the paddle in question is declared void by the Auctioneer on the spot. Article 12 Bid Deposit When the Bidder participates in the Company’s auction, he or she shall pay a bid deposit before collecting the paddle. The amount of the bid deposit shall be announced by the Company before the Auction Date, and the Company has the right to reduce or waive the bid deposit. If the Bidder fails to buy an Auction Property and does not have any amounts owing to the Company, its divisions, affiliates, subsidiaries or parent, or China Guardian, its divisions, affiliates, subsidiaries or parent, the entire amount of the bid deposit shall be refunded to the Bidder without interest within 14 working days after conclusion of the auction. If the Bidder becomes the Buyer, the bid deposit shall automatically be transformed into Company, its divisions, affi liates, subsidiaries or parent company, or China Guardian, its divisions, affiliates, subsidiaries or parent company, the Company and/or the Seller reserve the right of possession en or any other lawful relieves. Article 27 Transfer of Risks Once a successful bid has been made, the risks attaching to the Auction Property shall be solely borne by the Buyer once any of the following circumstances (whichever is earlier) arises: 1. the Buyer collects the Auction Property; or 2. the Buyer pays all of the Purchase Price for the Auction Property to the Company; or 3. the lapse of seven days after the Sale Date. Article 28 Collection of the Auction Property The Buyer must, within seven days from the Sale Date, proceed to the Company’s address or other location designated by the Company to collect the Auction Property he or she purchased. The Buyer shall be solely responsible for purchasing insurance for the Auction Property he or she purchased once the risks pass to him or her. If the Buyer fails to collect the Auction Property within seven days from the Sale Date, he or she shall bear all of the relevant costs for storing, handling, insuring, etc. the Auction Property in question, and he or she shall bear all of the liability for the Auction Property he or she purchased. Furthermore, notwithstanding the Auction Property remaining in the custody of the Company or another agent, none of the Company, its employees or agents shall be liable for damage to or loss of the Auction Property, regardless of the reason the same arises. Article 29 Packing and Shipping The packing and processing by the employees of the Company of the purchased Auction Property as required by the Buyer shall solely be deemed as a service provided by the Company to the Buyer, and the Company may decide at its own discretion whether to provide such service. If any losses arise therefrom, they shall solely be borne by the Buyer. Under no circumstance shall the Company be liable for damage to glass or frame, box, backing sheet, stand, mounting, inserts, rolling rod or other similar auxiliary object arising for any reason. Furthermore, the Company shall not be liable for any errors, omissions, damage or loss caused by the packing company or removal company recommended by the Company to the Buyer. Article 30 Import/Export and Permits The Buyer shall himself or herself be responsible for securing any relevant import and export, endangered species or other permit for the Auction Property. A failure or delay in obtaining any required permit shall not be deemed as grounds for cancelling the purchase or delaying payment of the Purchase Price by the Buyer. The Company shall not bear any liability for the failure to duly complete or submit the required import or export waybill, list or documents. If the Buyer requests that the Company apply for an export permit on his or her behalf, the Company shall have the right to charge him or her a separate service fee for such service. However, the Company does not warrant that such export permit will be issued. Neither the Company nor the Seller gives any representations or warranties as to whether or not any Auction Property is subject to import/export restrictions or any embargo. Article 31 Remedies for Non-Payment and Specifi c Performance If the Buyer fails to make payment in full pursuant to these Conditions or any payment arrangement agreed with the Company, the Company shall have the right to take one or more of the following measures: 1. If the Buyer fails to pay all of the Purchase Price in full to the Company within 7 days from the Sale Date, the Company shall have the right to engage a third party organization to collect all or part of the outstanding Purchase Price from the Buyer; 2. If the Buyer fails to pay the Purchase Price in full within 7 days from the Sale Date, the Company shall have the right to charge interest at the rate 0.03% per day on the Buyer’s outstanding amount starting from the 8th day after the Sale Date until the date on which the Buyer pays the entire amount in full, unless the Buyer and the Company agree otherwise; 3. All risks and charges relating to insurance coverage taken out on the Auction Property, removal thereof, or storage thereof, at or from the Company or elsewhere shall be borne by the Buyer; 4. To institute a legal action against the Buyer, demanding that he or she compensate it for all the losses incurred as a result of his or her breach of contract, including the interest losses arising due to delay in payment or refusal to pay by the Buyer; 5. To exercise a lien on the Auction Property in question and any other Auction Property of the Buyer purchased under the auspices of the Company, and any other property or property rights of the Buyer that may be in the Company’s possession for any reason, and all expenses and/or risks arising during the duration of the lien shall be borne by the Buyer. If the Buyer fails to perform all of his or her relevant obligations by the deadline designated by the Company, the Company shall have the right to dispose of the subject matter of the lien after issuing notice to the Buyer that it is exercising its lien rights and if the Buyer fails to discharge all outstanding amounts within 30 days after issuance of such notice. If the proceeds from the disposal of the subject matter of the lien are insufficient to offset all the monies payable by the Buyer to the Company, the Company shall have the right to separately recover the same; 6. If the Buyer still has not paid all of the Purchase Price in full to the Company within 90 days from the Sale Date, the Company shall have the right (but shall not be obliged) to decide, at its absolute discretion, to cancel the transaction or agree to cancellation of the transaction by the Seller, and reserves the right to recover all of the losses suff ered by the Company due to cancellation of the transaction; 7. To offset any amount related to the Auction Property owed by the Buyer to the Company against any amount owed from any other transaction by the Company, its divisions, affi liates, subsidiaries or parent, or China Guardian, its divisions, affi liates, subsidiaries or parent to the Buyer; 8. To decide at its discretion to use any monies paid by the Buyer to discharge the amount owed by the Buyer to the Company, its divisions, affi liates, subsidiaries or parent, or China Guardian, its divisions, affi liates, subsidiaries or parent in connection with the Auction Property or other transaction; 9. To refuse any future bids made by the Buyer or his or her agent, or to charge him or her a bid deposit before accepting his or her bids; The Company is aware that the Auction Property is unique and irreplaceable, if either the Seller or the Buyer defaults, the payment of damages by one party to another shall not be a suffi cient remedy to the observant party. Accordingly, the Company, the Buyer and the Seller agree that any such breach, the observant party may apply to the court to order specifi c performance, requiring the defaulting party to perform his/her obligations under these Conditions or their ancillary documents. Article 32 Remedies for Delay in Collecting the Auction Property If the Buyer fails to collect the purchased Auction Property within seven days from the Sale Date, the Company shall have the right to take one or more of the following measures: 1. To take out insurance coverage for the Auction Property and/or store the same on Company premises or elsewhere, with all of the costs (including but not limited to charging the Storage Fee specifi ed on the Bidder Registration Form from the 31st day following the Sale Date) and/or risks arising therefrom borne by the Buyer. In such a case, the Buyer may collect the Auction Property (packing and handling charges, freight and insurance charges, export related charges at the sole expense of the Buyer) only after he or she has paid all of the Purchase Price in full; 2. If the Buyer fails to collect the relevant Auction Property by the deadline prescribed herein, he or she shall solely be liable for all the risks and expenses arising after the expiration of such deadline. Article 33 Limited Warranties 1. The general warranties provided to the Buyer by the Company are as set forth below: If it is discovered after an Auction Property is sold by the Company that the same is a forgery, the Company will, in accordance herewith, cancel the transaction and refund to the Buyer in the original currency the Hammer price together with the Buyer’s Commission paid by the Buyer to the Company in respect of the Auction Property. For the purposes of the foregoing, a forgery, based on the reasonable opinion of the Company, means such things as a forged work or intentional concealment or a fraudulent claim in respect of the source, place of origin, date, production year, age, culture or origin, etc. of a work, and a correct description of the foregoing is not included in the catalogue (considering any terms of art). Any damage to an Auction Property and/or any manner of restored piece and/or any repaired piece (including repainting or overpainting) shall not be deemed a forgery. Please note that the foregoing warranty shall not apply if: (1) The information in the catalogue is based on the generally accepted opinions of academics and experts on the selling date, or said information in the catalogue indicates that there exist confl icts in such opinions; or (2) On the selling date, the only means of proving that the Auction Property in question is a forgery is not generally available or recognized at such time, is extremely expensive or is impractical; or may already have caused damage to the Auction Property or may (in the reasonable opinion of the Company) already have caused the Auction Property to lose value; or (3) If, based on its description, the Auction Property has not lost any material value. 2. The period specifi ed by this warranty simply provides the Buyer an exclusive non-transferrable benefi t for 5 years after the relevant Auction Date. To lodge a claim based on this warranty, the Buyer must: (1) notify the Company in writing within three months after the receipt of any information which leads the Buyer to doubt the authenticity or attributes of the Auction Property, specifying the reference number of the Auction Property, the date on which the Auction Property was purchased and the reasons for believing that the Auction Property is a forgery; (2) return the Auction Property to the Company in a condition identical to that on the date on which it was sold to the Buyer, and provided that good title thereto is transferrable and no third party claims have been made in respect thereof since the selling date. 3. With respect to contemporary and modern art, Chinese oil paintings and Chinese paintings and calligraphy, although academic circles do not permit the making of defi nitive statements in respect thereof at present, the Company reserves the discretion, pursuant to this warranty, to cancel transactions of contemporary and modern art, Chinese oil paintings and Chinese paintings and calligraphy that are confi rmed to be forgeries, but only within one year after the Auction Date. The amount paid shall be refunded to the Buyer pursuant to this Article, provided that the Buyer provides to the Company evidence (by the methods set forth in clauses 2 and 4 of this Article) confi rming that the Auction Property is a forgery within one year from the Auction Date; 4. The Company may, at its discretion, decide to waive any of the foregoing provisions. The Company shall have the right to request that the Buyer obtain, at his or her expense, reports from two experts acceptable to the Company and the Buyer who are independent and recognized in the industry. The Company shall not be subject to any report presented by the Buyer, and reserves the right to seek the opinion of additional experts at its own expense. Article 34 Obtaining Information, Video Taking With respect to the operation of the Company’s auction business, the Company may make audio recordings, video recordings or keep a record of any auction process, and may need to collect personal information from the Bidder or request information about the Bidder from third parties (such as requesting a credit review from a bank). Such information will be processed and kept confi dential by the Company. However, relevant information may be provided to the Company, its divisions, affiliates, subsidiaries or parent, or China Guardian, its divisions, affiliates, subsidiaries or parent in order to assist the Company in providing excellent services to Bidders, carrying out client analyses, or providing services that satisfy the requirements of Bidders. For the benefi t of the Bidder, the Company may also be required to provide certain personal information of the Bidder to third party service providers (such as shipping companies or warehousing companies). By participating in the auction by the Company, the Bidder indicates that he or she consents to the foregoing. If the Bidder wishes to obtain or amend his or her personal information, he or she is asked to contact the customer service department. Article 35 Copyright The Seller authorizes the Company to produce photos, illustrations, a catalogue, or other form of video recording of, and publicity materials for, any Auction Property that he or she has consigned to the Company for auction, and the Company enjoys the copyrights therein, and has the right to use the same in accordance with the law. Without the prior written consent of the Company, neither the Buyer nor anyone else may use the same. Neither the Company nor the Seller gives any representations or warranties as to whether the Auction Property is subject to copyright or whether the Buyer secures any copyright in the Auction Property. Article 36 Notices The Bidder and the Buyer shall inform the Company of their fixed and valid correspondence address and contact information by the method specifi ed in the bidding registration documents or other method approved by the Company. In the event of a change, the Company shall be promptly informed thereof in writing. The notices mentioned herein only refer to written notices sent by post, by email, by fax or by the Company’s mobile app (“Mobile App”). A notice shall be deemed as served at the following times: 1. If served by hand, at the time it reaches the address of the relevant Party; 2. If by post, the seventh day after it is posted; 3. If by fax, when transmission is confi rmed by the sending fax machine; 4. If by email, when delivery is confi rmed by the email record; 5. A notice sent by the Company through Mobile App shall be deemed to be received by the Bidder and the Buyer on the date when it is delivered. Article 37 Severability If any provision or part hereof is found invalid, unlawful or unenforceable for any reason, the other provisions and parts hereof shall remain valid, and the relevant parties shall abide by and perform the same. Article 38 Laws and Jurisdiction (1) These Conditions and related matters, transactions and any disputes arising from, or in connection with, participation in the auction conducted by the Company pursuant hereto shall be governed by, and construed in accordance with, the laws of Hong Kong. (2) Subject to Article 38.3 below, the Hong Kong courts have exclusive jurisdiction to settle any disputes arising out of or in connection with any auctions conducted by the Company (the “Disputes”). All of the Company, the Buyer and the Bidder agree that the Hong Kong courts are the most appropriate and convenient courts to settle the Disputes and accordingly no party will object to submit to the exclusive jurisdiction of Hong Kong courts. (3) This Article 38.3 is for the benefi t of the Company only. The Company shall not be prevented from taking any proceedings relating to the Disputes in any other courts with jurisdiction. To the extent allowed by law, the Company may take concurrent proceedings in any number of jurisdictions. Article 39 Language The Chinese language version hereof shall be the governing version and the English language version shall be for reference only. In the event of a discrepancy between the English language version and the Chinese language version, the Chinese language version shall prevail. Article 40 Ownership of Copyright in the Conditions These Conditions are formulated and shall be revised by the Company, and the relevant copyrights shall vest in the Company. Without the prior written permission of the Company, no one may use these Conditions in any manner or way to obtain commercial benefits, and may not take copies of, communicate or store in any searchable system any part hereof. Article 41 Term of Applicability These Conditions shall apply solely to the upcoming auction. The Company may update these Conditions from time to time. When the Bidder and the Buyer participate in another auction, then applicable Conditions of Business for Buyers shall prevail. Article 42 Right of Interpretation During routine performance hereof, the right to interpret these Conditions shall be exercised by the Company. In the event of a legal dispute between the Buyer and the Company, the right of interpreting these Conditions, when resolving the dispute, shall be exercised by the competent court. Date of this version: 11th May 2022 Address of the Company: 5th Floor, Tower One, Lippo Centre, 89 Queensway, Hong Kong
重要通告 IMPORTANT NOTICE 中國嘉德（香港）國際拍賣有限公司（以下稱為“本公司”）舉 辦的拍賣活動均依據本圖錄中所附之買家業務規則、重要通告、 競投登記須知、財務付款須知以及可向本公司索取之賣家業務規 則進行，參加拍賣活動的競投人須仔細閱讀並予以遵守。該等業 務規則及規定可以公告或口頭通知之方式進行修改。 拍賣品之狀況 競投人應於拍賣前之展覽會上審看拍賣品，並對自己的競投行為 承擔法律責任。如欲進一步了解拍賣品資料，請向業務人員諮 詢。如圖錄中未說明拍賣品之狀況，不表示該拍賣品沒有缺陷或 瑕疵（請參閱載於本圖錄之買家業務規則第五條）。 受限制物料 (一)附有 符號之拍賣品於編制圖錄當時已識別為含有受限制物 料，而有關物料可能受到進出口之限制。有關資料為方便競投人 查閱，而無附有該符號並非保證該拍賣品並無進出口之限制。由 植物或動物材料（如珊瑚、鱷魚、鯨骨、玳瑁、犀牛角及巴西玫 瑰木等）製成或含有植物或動物材料之物品，不論其年份或價 值，均可能須申領許可證或證書方可出口至香港境外，且由香港 境外國家進口時可能須申領其他許可證或證書。務請注意，能取 得出口許可證或證書並不能確保可在另一國家取得進口許可證或 證書，反之亦然。競投人應向相關政府查核有關野生動物植物進 口之規定後再參與競投。買家須負責取得任何出口或進口許可證/ 或證書，以及任何其他所需文件（請參閱載於本圖錄之買家業務 規則第三十條）。 (二)香港法例第586章《保護瀕危動植物物種條例》已於2018年6月 8日作出相應的立法修訂，以履行2016年《瀕危野生動植物種國際貿 易公約》修訂中對黃檀屬所有種的規定。修訂列明的新物種包括黃檀 屬所有種將受許可證管制。新管制措施將於2018年11月1日生效， 該條例規定，凡進口、從公海引進、出口、再出口或管有列明物種的 標本或衍生物，均須事先申領漁農自然護理署發出的許可證。 (三)《2018年保護瀕危動植物物種（修訂）條例》已於2018年1月 30日通過，旨在加強管制進口及再出口象牙及象狩獵品。禁止進口 及再出口象狩獵品及《公約》前象牙及《公約》後象牙（古董象牙除 外）的規定已經實施。在領有許可證情況下，為商業目的而管有的 《公約》前象牙及《公約》後象牙可進行本地貿易。為了保護文物， 古董象牙（指1925年7月1日前發生《修訂條例》規定情況的象牙） 可獲豁免。但進口及再出口古董象牙需領有進出口許可證及《公約》 前證明書。自2021年12月31日起，禁止為商業目的管有任何象牙， 包括《公約》前象牙及《公約》後象牙（古董象牙除外）。 電器及機械貨品 所有電器及機械貨品只按其裝飾價值出售，不應假設其可運作。 電器在作任何用途前必須經合格電器技師檢驗和批核。 語言文本 本公司買家業務規則、賣家業務規則、載於圖錄或由拍賣官公佈 或於拍賣會場以通告形式提供之所有其他條款、條件、通知、表 格等文件以及本圖錄中拍賣品之描述，均以中文文本為準，英文 文本僅為參考文本。 版權 本公司已盡一切合理努力查找、聯繫和確認版權擁有者。如本圖 錄內未有包含適當確認版權擁有者的資訊，本公司鼓勵版權擁有 者通知本公司。本公司亦歡迎任何信息，以澄清被展示圖文的版 權的擁有權。 本圖錄版權屬本公司所有。未經本公司書面許可，不得以任何形 式對本圖錄的任何部分進行複製或進行其他任何形式的使用。 The auction to be held by China Guardian (Hong Kong) Auctions Co., Ltd. (hereinafter referred to as the “Company”) will be conducted in accordance with the Conditions of Sale, Important Notice, Important Notice about Bidding Registration, and the Important Notice about Payment contained in this Catalogue as well as the Conditions of Business for Sellers which are available from the Company, and Bidders wishing to participate in the auction must carefully read and comply therewith. Such Conditions and rules may be revised by way of an announcement or verbal notifi cation. Condition of the Auction Properties The Bidder should view the Auction Properties at the pre-auction exhibition, and will be legally liable for his or her bidding. For more information on the Auction Properties, please consult our business staff . The absence of a description of the condition of an Auction Property in the Catalogue does not mean that the Auction Property is free of fl aws or defects (please refer to Article 5 of the Conditions of Sale contained in this Catalogue). Restricted materials (1) Auction Properties marked with a symbol were identified as containing restricted materials at the time of compiling the Catalogue, and the relevant materials may be subject to import and export restrictions. The relevant information is provided for the convenience of Bidders, and the absence of such a symbol on an Auction Property does not ensure that it is not subject to import and export restrictions. For items made of or containing botanical or animal materials (coral, crocodile, whale bone, tortoise shell, rhinoceros horn and Brazilian Rosewood, etc.), regardless of their year or value, may require application for permits or certifi cates before exportation outside Hong Kong, and application for other permits or certifi cates may be required when importing into countries outside Hong Kong. Please note that the securing of an export permit or certifi cate does not ensure that an import permit or certifi cate can be secured in another country, and vice versa. The Bidder should enquire about the regulations for the import of wild fl ora and fauna to the relevant government before participating in an auction. Buyers are responsible for obtaining any export or import permits/certifi cates and any other documents required (please refer to Article 30 of the Conditions of Sale contained in this Catalogue). (2) The corresponding legislative amendments have been made to the Protection of Endangered Species of Animals and Plants Ordinance, Cap. 586 (“the Ordinance”) in Hong Kong on 8 June 2018, concerning the amendments to Appendices of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (“the CITES”) which has been adopted in 2016. The newly scheduled species include Dalbergia Species will be subject to licensing control. The new controls will become effective on 1 November 2018. According to the Ordinance, unless exempted or otherwise specified, the import, introduction from sea, export, re-export or possession of endangered species or its derivatives, requires a license issued by Agriculture, Fisheries and Conservation Department. (3) The Protection of Endangered Species of Animals and Plants (Amendment) Ordinance 2018 (“Ordinance”) was enacted on 30 January 2018, which aims to enhance regulation on import and re-export of elephant ivory and elephant hunting trophies. New control measures banned the import and re-export of all elephant hunting trophies and pre-Convention ivory and post-Convention ivory items. The commercial possession of pre-Convention ivory and post-Convention ivory items are allowed to conduct local trading, which subject to licensing control. As a measure to protect culture relics, the trade in antique ivory (ivory that occurred before 1 July 1925 with the circumstances as prescribed by the Ordinance) will continue to be allowed. Import and re-export of antique ivory require a License to Import/ Re-export and a Pre-Convention Certifi cate. The possession for commercial purpose of all ivory (save for antique ivory) including pre-Convention ivory and post- Convention ivory will be prohibited from 31 December 2021. Electrical appliances and mechanical goods All electrical appliances and mechanical goods are sold as is, and should not be assumed to be in working order. Before use, electrical appliances must be inspected and approved by a qualifi ed electrical technician. Language The Chinese versions of the Conditions of Business for Buyers, Conditions of Business for Sellers, and all other documents such as the terms, conditions, notices, forms, etc. contained in the Catalogue, announced by the Auctioneer or provided in the auction venue, as well as of the descriptions of the Auction Properties in this Catalogue shall prevail, and the English versions are for reference only. Copyright Every reasonable effort has been made to locate, contact and acknowledge copyright owners. If any proper acknowledgement has not been included here, copyright owners are encouraged to notify the Company. The Company also welcomes any information that clarifi es the copyright ownership of any material displayed. The copyrights in this Catalogue vest in the Company. Without the written permission of the Company, no part of this Catalogue may be reproduced or otherwise used in any manner.
