HUNG YUN ZHAI AUCTION HOUSE INC   拍賣公司條款

HUNG YUN ZHAI AUCTION HOUSE INC(ALSO KNOWN AS HENGYUN AUCTION HOUSE) is an auction organized by HUNG YUN ZHAI AUCTION HOUSE INC(ALSO KNOWN AS HENGYUN  AUCTION HOUSE) Co., Ltd. (hereinafter referred to as the "Company") in accordance with the relevant contents of these rules. All bidders, buyers and other participants (hereinafter referred to as "bidders, etc.") who participate in the auction activities organized by our company are deemed to have fully accepted and agreed to abide by these rules, as well as the bidder registration form, written or telephone bidding power of attorney, etc. Other provisions related to these rules. However, if the bidder, etc. and the Company have reached an agreement separately, the separately reached agreement shall take precedence.
Article 1 (General Provisions)
 
HUNG YUN ZHAI AUCTION HOUSE INC(ALSO KNOWN AS HENGYUN AUCTION HOUSE) is a public auction. Anyone can participate in the auction held by our company by submitting a bidding application to our company in advance and completing the registration procedures. At the same time, the company has the right to reject a bidding application based on specific circumstances and without the need to inform the reasons, and has the right to modify these rules at any time if necessary.
The company acts as the seller's agent to sell the lots by auction. The seller and the buyer are the parties to the auction sale contract. The buyer may not cancel the transaction of a hammered auction item for any reason. Participants entrust our company to organize auctions and provide intermediary services for sales contracts.
The following terms in these rules are subject to the following interpretation:
"Bidding" refers to the behavior of bidders and others at an auction to propose a purchase price for an auction item;
"Production" refers to the act of the seller entrusting the company to sell the auction items;
"Auction Date" refers to the day when the Company announces the auction transaction;
"Selling Date" means the date when the auctioneer drops the hammer or announces the sale of the auction in other customary ways;
"Auctioneer" means the person who presides over the auction on behalf of the Company and decides on the hammer;
"Hammer price" refers to the highest bid price at which the auctioneer drops the hammer or announces the auction transaction in other customary ways;
"Seller" means any seller who entrusts the Company to sell the auction items;
"Buyer" means the buyer of the auction items and the bidder with the highest bid accepted by the auctioneer;
"Auction items" refers to items entrusted by the seller to the company for auction, such as fine arts, jewelry, etc.
"Reference Price" refers to the reference hammer price of the auction item indicated by the Company in the catalog as a prediction of the hammer price.
Article 3 (Auction Items and Catalogs)
 
Auction items are sold in their existing condition at the time of the auction, and the existing physical objects shall prevail. The company is not responsible for dirt, scratches and other defects of the auction items.
Our company produces a catalog containing the auction items and sends it to bidders who intend to participate in the auction. This catalog is produced for the convenience of bidders and other participants. The descriptions (author, age, size, weight, materials, techniques, authenticity, origin, condition, etc.) published in this catalog are for this purpose only. The company's unilateral evaluation and reference opinions. Therefore, the company does not assume any responsibility for the inaccuracies and inconsistencies between the contents published in the catalog and the actual products. Similarly, if there are any differences in tone, color or gradation between the photos published in the catalog and the actual objects, the existing actual objects shall prevail, and the company does not assume any responsibility.
The company reserves the right to modify the contents published in this catalog at the auction site without prior notice. At that time, the auction will be conducted based on the modified content posted on site or announced verbally.
As stated in paragraph 2 of this article, bidders should be familiar with this catalog and understand that this catalog does not contain all the information about the auction items before participating in this auction. Therefore, bidders should try their best to participate in the preview exhibition held by our company, personally view the auction items they want to bid for, and bid based on their own judgment and responsibility. After the transaction is completed, you cannot request to terminate the sales contract on the grounds that there are differences between the information contained in the catalog and the auction items.
Our company records the reference prices of the auction items in the catalog. The reference prices represent the highest and lowest prices of the auction items in Japanese yen respectively (this price does not include the company's buyer's commission and the consumption tax on the buyer's commission). This reference price is a price appropriately set by the company based on the market price of the auction items and other factors for the reference of bidders only. The hammer price is not bound by the reference price and can be higher or lower than the reference price.
Only bidders are allowed to bid at the auction. On the day of the auction, bidders bid by holding up the bidding number plate delivered by our company. Moreover, the bidder's bid does not include the company's buyer's commission and the consumption tax involved in the buyer's commission. After the sales contract is established, the bidder shall pay the buyer's commission involved in the auction items and the consumption tax on the buyer's commission to the company in accordance with the provisions of Article 12 of these rules.
The company grants the auctioneer the following authority:
(1) Reject any bid;
(2) The manner in which the auction is conducted, including withdrawing auction items, splitting or combining auction items, raising or lowering the bidding ladder, and other auction methods;
(3) Determine the successful bidder;
(4) Take other measures that the auctioneer deems appropriate.
The auctioneer sets a reserve price for all auction items. If there are no bidders or the bidding price is lower than the reserve price, the auction item will not be sold. Under no circumstances will the Company be held liable for the absence of bidders in the auction or for failure to reach the reserve price.
The company has the right to set reference prices for auction items before the auction and revise the reference prices at any time. Any reference prices are for reference only and are not legally binding.
If the company deems it necessary, it may film and record the bidders and bidding conditions.
When any of the following occurs to the buyer, the company has the right to unilaterally terminate the sales contract or intermediary contract established at the auction without reminder:
(1) When applying or being applied for bankruptcy, reorganization or reorganization;
(2) When enforced;
(3) When other circumstances occur that the company deems your credit to be low;
(4) When more than 60 days have passed since the date of establishment of the sales contract, the buyer has not paid the full purchase price, etc. or has not received the auction items;
When the buyer encounters the circumstances specified in the preceding paragraph, the Company has the right to require the buyer to pay the liquidated damages of the intermediary contract equal to 30% of the total hammer price of the auction. In addition, if the amount of damage suffered by the Company exceeds the above amount, the Company has the right to require the buyer to compensate for the excess loss.
When the buyer fails to fully pay the purchase amount within the specified period, the amount of damage suffered by the company shall be calculated according to the following provisions:
(1) The buyer shall be responsible for paying delay damages at an annual interest rate of 14.6% for the unpaid portion (excluding consumption tax) from the second day after the payment period expires to the date of actual payment (including management fees, etc.) obligations.
(2) If the buyer still fails to pay the purchase amount after being reminded, the company has the right to terminate the sales contract. The Company's notice of rescission or reminder will be deemed to have arrived when it is issued at the address registered by the Buyer or notified to the Company.
(3) Regardless of the provisions of the preceding paragraph, if the purchase and sale contract is terminated due to the buyer's failure to perform its debts, the buyer shall pay compensation of 30% of the total amount of the hammer.
After the company terminates the sales contract in accordance with these rules, the auction item can be auctioned again.
Bidders may not transfer, authorize others to enjoy or assume any rights, obligations or responsibilities they have or bear towards the Company based on these Rules.
If there are any differences regarding matters not covered by these rules or the interpretation of these rules, the parties shall negotiate and resolve them.
The company has the right to change these rules and publish the changed rules through catalogs or other methods. Changes to the rules are effective when published.
Instructions for bidding matters, bidder registration form, written telephone bidding power of attorney and other relevant data of these rules are integral parts of these rules and have the same effect as these rules.
There are Japanese and Chinese versions of these rules. The Japanese version shall prevail, and the Chinese version is only a translation.
The right to interpret these rules belongs to the Company.