FOR BUYERS
The following provisions may be amended by public notice or verbal notification during the auction. By bidding at the auction, the Bidder agrees to be bound by the following provisions.
Article 1: Sunny Auctions Pty Ltd as the Auction Agent
Unless otherwise provided, Sunny Auctions Pty 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/Sunny Auctions Pty Ltd as the auction agent.
Article 2: Definitions and Explanations
1) The following terms herein shall have the meanings assigned to them below:
- “Company” means Sunny Auctions Pty Ltd;
- “Sunny Auctions” means Sunny Auctions Pty Ltd, with its located at 18 Bowman Road, Caloundra, Queensland, 4551
- “Seller” means any person, company, body corporate or entity that offers Auction Property for sale. Unless otherwise stated or specifically required by the context, the term “Seller” herein shall include the Seller’s agent (excluding the Company), executor or personal representative;
- “Bidder” means any person, company, body corporate or entity that contemplates, makes or attempts a bid in any manner. Unless otherwise stated or specifically required by the context, the term “Bidder” herein shall include the Bidder’s agent;
- “Buyer” means the Bidder, including the principal of a person bidding as an agent, the highest bid or offer of whom is accepted by the Auctioneer in the auction held by the Company;
- “Buyer’s Commission” means the commission that the Buyer must pay to the Company based on the Hammer Price at the rate specified herein;
- “Auction Property” means the item(s) that the Seller consigns to the Company for auction and which are auctioned off at the auction;
- “Auction Date” means, for a particular auction, the date announced by the company on which the auction will officially commence;
- “Sale Date” means the date on which the transaction of an Auction Property is confirmed 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;
- “Auctioneer” means the person that the Company designates to preside over a particular auction;
- “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;
- “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;
- “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;
- “Reserve” means the confidential minimum selling price for an Auction Property determined by the Seller and the Company;
- “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;
- “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:
- the Buyer and the Company are herein collectively referred to as the “Parties”, and a “Party” refers to either Party;
- Any mention of legal provisions shall be construed as including any future amendments to, or re-enactment of, such provisions;
- 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;
- Any mention of “Article” or “Clause” refers to the Articles or Clauses hereof;
- The headings are provided for ease of reference only, and shall not affect 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 satisfied with the condition of, and the accuracy of the description of, the Auction Properties.
3. The Bidder confirms 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 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 specific 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 specific 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
Where the auction items of our company are not marked or have no reserve price, there is a reserve price. The reserve price is generally not higher than the pre-auction underestimated price announced or published by the company before the auction. If there is no reserve price for the auction item, unless there has been a bid, the auctioneer has the right to determine the starting price, but it shall not be higher than the pre-auction underestimation of the auction item. Under any circumstance, the company will not bear any responsibility for the auction items that have not reached the reserve price at the auction held by the company. If the auction item bid price is lower than the reserve price, the auctioneer has the right to decide on its own to sell the auction item at a price lower than the reserve price. However, in this case, the amount paid by the company to the seller is the amount that the seller should receive when the auction item is sold at the reserve price. The estimated price is estimated at an earlier time before the auction date. It is not a fixed selling price and is not legally binding. Any estimate cannot be used as a forecast of the hammer price of the auction item, and the company reserves the right to revise the estimate made from time to time.
Article 9: Bidder registration
If the bidder is an individual, he should fill in and sign the registration document with a photo-identified document issued by the government (such as a resident ID card or passport) before the auction day, and provide proof of current address (such as a utility bill or bank statement); If the bidder is a company or other organization, it shall fill in and sign the registration documents with valid registration documents, shareholder certification documents and legal authorization documents before the auction date, and receive the bid number plate. The company may require bidders to produce bank details or other financial status certificates for payment.
Article 10: Bid number plate
The company may announce the conditions and procedures for bidding number plates before the auction date according to any circumstances such as different auction conditions and auction methods, including but not limited to formulating bidders’ qualifications for bidding number plates. The company solemnly reminds that the bidding number plate is the only evidence for bidders to participate in the on-site bidding. The bidder shall keep it properly and shall not lend the bidding number plate to others for use. Once lost, you should immediately go through the loss reporting procedures in a written manner approved by the company.
Regardless of whether the bidder’s entrustment is accepted or not, all the bidding behaviours carried out by the holder of the bidding license plate in the auction shall be regarded as the bidding license plate registrant himself, and the bidder shall bear legal responsibility for his behaviour, unless the bidding license plate registrant I have completed the loss report of the bidding number plate in the company in a written form approved by the company, and the auctioneer has declared the bidding number plate invalid on the spot.
Article 11: Bid deposit
Bidders participating in the company’s auction activities shall pay a bidding deposit before receiving the bidding number plate. The amount of the bidding deposit shall be announced by the company before the auction date, and the company has the right to reduce the bidding deposit. If the bidder fails to purchase the auction item and does not owe any money to the company, the company’s branches, subsidiaries, subsidiaries, or parent company, the deposit will be refunded in full within 14 working days after the auction ends without interest. If the bidder becomes a buyer, the deposit is automatically converted into a deposit to pay the purchase price of the auction item.
Article 12: The company’s right to choose
The company has the right to refuse any person to participate in the auction held by the company or enter the auction site, or to take photos, recordings, and video recordings at the auction site.
Article 13: Bidding as a party
Unless a certain bidder issues a written certificate to the company before the auction date and is approved in writing by the company to indicate that his(her) identity is an agent of a certain bidder, each bidder is deemed to be the bidder himself(herself).
Article 14: Entrusted bidding
Bidders should attend the auction in person. If you cannot attend in person or by an agent, you can entrust the company to bid on your behalf in writing. The company has the right to decide whether to accept the above entrustment. Bidders who entrust our company to bid shall go through the entrustment procedures within the specified time (not later than twenty-four hours before the auction date), issue a completed form of the company’s entrusted bid to the company, and pay the bidding deposit at the same time according to these rules. If a bidder entrusting the company to bid needs to cancel the entrusted bid, it shall notify the company in writing no later than twenty-four hours before the auction date.
Article 15: Results of entrusted bidding
If the bidder entrusts the company to bid on its behalf, the bidder shall bear the result of the bid and related legal liabilities. If the bidder indicated in the entrusted bidding form to bid by instant communication methods such as telephone, he should accurately fill in the instant communication method (such as number) and properly keep the instant communication tool. During the entrusted bidding period of the company, the bidder should personally use the instant communication tool. Once the communication tool is lost or cannot be controlled, the instant communication method filled in the entrusted bidding form shall be changed immediately in a written method approved by the company.
During the entrusted bidding period of our company, we will do our best to contact the bidders, and the bidding information (whether or not the bidder or the bidder’s agent) conveyed by the instant messaging tool is regarded as the bidder’s own work. Should bear legal responsibility for their actions, unless the bidder himself has changed the instant communication method filled in the entrusted bidding form in a written manner approved by the company. However, under any circumstances, the company will not be held responsible for any errors, interruptions or omissions in the bidding using this instant messaging tool if it fails to contact.
Article 16: Exemption of entrusted bidding
Given that entrusted bidding is a free service provided by the company for bidders to transmit bidding information on their behalf, the company and its staff are not responsible for the unsuccessful bidding or any errors, omissions, negligence, negligence, or failure to bid on behalf of the bidding process. Take any responsibility.
Article 17: Principle of first entrustment
If two or more bidders who entrust the company to bid on the same auction item at the same commission price and the final auction item is sold at that price, the first person who sends the entrusted bid form to the company is the purchaser of the auction item. Home.
Article 18: The decision-making power of the auctioneer
The auctioneer has the absolute right to decide on the following matters:
(1) Reject or accept any bidding;
(2) Conduct the auction in the manner determined by it;
(3) Withdrawal or separate auction of any auction item, and auction any two or more auction items together;
(4) In the event of an error or dispute, whether at the time of the auction or after the auction, the right to determine the successful bidder, whether to continue the auction, cancel the auction or re-auction the disputed auction item;
(5) The auctioneer can start and conduct bidding at the level and bidding ladder it deems appropriate, and has the right to bid on behalf of the seller by bidding or continuous bidding, or by responding to the bidding prices of other bidders, and bidding on behalf of the seller. Price amount
(6) Take other actions that it reasonably considers appropriate.
Article 19: No reserve price
For auction items that do not have a reserve price, unless there is already a bid, the auctioneer has the right to determine the price at his discretion. If there is no bidding at this price, the auctioneer will lower the price at his discretion and continue the auction until some bidders start bidding, and then continue the auction from the bidding price upwards.
Article 20: Image display board and currency exchange display board
For the convenience of bidders, the company may use image projection or other forms of display boards in the auction. The content shown is for reference only. There may be errors in the amount shown on the image projection or other forms of display boards, auction item numbers, auction item pictures, or reference foreign exchange amounts, and the company is not responsible for any losses caused by such errors.
Article 21: Auction Transaction
When the highest bidding price is confirmed by the auctioneer dropping the hammer or other publicly expressing the bid, the bidder succeeds in bidding, which means that the bidder has become the buyer of the auction item and that the legally binding relationship between the seller and the buyer The conclusion of the auction contract.
Article 22: Commissions and fees
After successful bidding, the bidder becomes the buyer of the auction item. The buyer should pay the company’s commission, which is calculated as follows: Of the hammer price of each auction item, the commission for the portion of AUD 1,000,000 or less is calculated at 20%; for the portion exceeding AUD 1,000,001 to AUD 5,000,000, The commission for this part of the amount is calculated at 19%; for the part over AUD 5,000,001, the commission for this part of the amount is calculated at 18%. Buyers should also pay the various fees that other buyers of the company are responsible for, and recognize that the company can collect commissions from sellers and various fees that other sellers are responsible for in accordance with the company’s seller business rules.
Article 23: Taxation
(1) The company does not bear the tax that the buyer should pay, and the buyer should pay it by himself in accordance with the current relevant laws and regulations.
(2) Goods and Services Tax (GST)
Explanation:
GST and the amount payable to the company:
(A) According to this agreement, all payments (including but not limited to seller’s commission and other fees) that the seller should pay to the company do not include goods and services tax. If any payment made by the seller to the company is the company’s taxable supply amount, the amount shall be increased by the amount equal to the GST amount paid by the company for the supply.
(B) All payments (including but not limited to commissions) that the buyer pays to the company under this agreement do not include goods and services tax. If any payment made by the buyer to the company is the company’s taxable supply amount, the buyer must pay the company an additional amount equal to the supply’s payable GST.
Goods and service tax receivable on auction items sold by sellers to buyers:
(A) The sale price of auction items includes goods and service tax (if any), and the seller shall not further increase the amount receivable for any goods and service tax payable for the sale.
(B) If the seller has notified the company of its registered goods and services tax, the company will issue a tax invoice to the buyer, indicating:
(i) Goods and service tax included in the sale price of auction items; and
(ii) The buyer shall pay the company for any taxable supplies provided by the company to the buyer under this agreement, as well as any goods and service taxes payable in accordance with Article 2(b) of this Part.
(C) If the seller fails to notify the company of its registered goods and services tax in accordance with Article 3(a) of this part, the sale will be presumed to be not a taxable supply, and the company will only The agreement issues tax invoices to the taxable supply items provided by the buyer, (including but not limited to the taxable supply of commissions, and the goods and services tax payable on the supply in accordance with Article 2(b) of this part).
Article 24: Time of payment
After the auction is completed, unless otherwise agreed in writing, regardless of any provisions of the export, import or other licenses (regardless of time or not) of the auction items, the buyer shall pay the purchase price to the company within seven days from the auction transaction date And extract the auction items. If it involves packaging and handling costs, transportation and insurance costs, exit fees, etc., buyers need to pay together.
Article 25: Currency of payment
All prices should be paid in Australian dollars. If the buyer pays in a currency other than Australian dollars, it shall be converted according to the exchange rate agreed between the buyer and the company or according to the exchange rate between Australian dollars and the currency announced by the Australian ANZ Bank on the working day before the buyer’s payment date. The buyer shall bear all bank handling fees, commissions or other expenses incurred by the company to convert the foreign currency paid by the buyer into Australian dollars.
Article 26: Transfer of ownership
Even if the company does not deliver the auction item to the buyer, the buyer has obtained the ownership of the auction item, but after the buyer has paid the purchase price and all buyers owe the company, the company’s branches, subsidiaries, subsidiaries, Before all the funds of the parent company, the company and/or the seller can exercise possession and/or lien or other relief permitted by law on the auction item.
Article 27: Risk transfer
After the bidding is successful, the risk of the auction item will be borne by the buyer after any of the following situations occurs (whichever occurs earlier):
(1) The buyer picks up the purchased auction item; or
(2) The buyer pays the company the entire purchase price of the auction item; or
(3) The auction expires within seven days from the auction transaction date.
Article 28: Withdrawal of auction items
Buyers must go to our company’s address or other locations designated by our company to pick up the purchased auction items within seven days from the auction transaction date. The buyer shall be responsible for purchasing insurance for the auction item purchased after the risk is transferred to the buyer. If the buyer fails to pick up the auction item within seven days from the auction transaction date, the buyer shall bear the relevant storage, transportation, insurance and other expenses of the auction item after the expiry date, and the buyer shall bear all the responsibility for the auction item purchased. . After the expiry date, even if the auction item is still kept by the company or other agents, the company and its staff or its agents shall not bear any responsibility for the damage or loss of the auction item due to any reason.
Article 29: Packaging and Delivery
The company’s staff will package and process the purchased auction items according to the buyer’s request. This is only regarded as a service provided by the company to the buyer. The company can decide whether to provide this service at its discretion. If any loss occurs, the buyer will be responsible for it. bear. Under any circumstance, the company is not liable for damage to glass or frame, pouch, bottom cushion, bracket, mounting, booklet, shaft head or similar attachments caused by any reason. In addition, the company is not responsible for all errors, omissions, damages or losses caused by the packaging company and shipping company recommended by the company to the buyer.
Article 30: Import and Export and License
Buyers are responsible for obtaining any permits related to the import and export of auction items, endangered species or other aspects. Failure to obtain any required permits or delay in obtaining such permits shall not be regarded as reasons for the buyer to cancel the purchase or delay payment of the purchase price. The company does not assume any responsibility arising from the failure to complete or submit the required export or import manifests, lists or documents.
If the buyer requires the company to apply for an export license on its behalf, the company has the right to charge a separate service fee for this service. However, the company does not guarantee that the export license will be issued. Neither the company nor the seller makes a statement or guarantee as to whether any auction item is subject to import or export restrictions or any prohibited operations.
Article 31: Remedies for non-payment and compulsory performance
If the buyer fails to pay in full in accordance with these rules or in accordance with any payment arrangements agreed with the company, the company has the right to take one or more of the following measures:
(1) Within seven days from the auction transaction date, if the buyer fails to pay the full purchase price to the company, the company has the right to entrust a third-party agency to remind the buyer for all or part of the purchase price owed;
(2) Within seven days from the auction transaction date, if the buyer still has not paid the purchase price in full, the company has the right to charge the buyer’s unpaid portion of interest at three ten-thousandths of the day from the eighth day after the auction transaction date. Until the date when the buyer pays all the money, unless the buyer and the company have agreed otherwise;
(3) Insuring, removing and storing auction items in the company or elsewhere, the risks and costs are borne by the buyer;
(4) File a lawsuit against the buyer, demanding compensation for the interest loss caused by the buyer’s late payment or refusal to pay;
(5) To retain the piece or any other auction item that the same buyer has bought in the company, and the company’s possession of any other property or property rights of the buyer for any reason, all costs and/or risks incurred during the lien period are By the buyer. If the buyer fails to perform all of its related obligations within the time specified by the company, the company has the right to issue a notice of exercise of the lien to the buyer and the buyer has not settled all outstanding payments within 30 days after the notice is issued In the case of circumstance, dispose of the retained property. If the proceeds from the disposal of the lien are insufficient to compensate the buyer for all the payment due to the company, the company has the right to recourse separately;
(6) Within 90 days from the auction transaction date, if the buyer has not paid the full purchase price to the company, the company has the absolute discretion to cancel (but has no obligation) or agree to the seller to cancel the transaction, and retain recourse The right to all losses suffered by the company due to the cancellation of the transaction;
(7) Set off any amount owed to the buyer by the company, its branches, subsidiaries, subsidiaries, and parent companies in any other transactions against any amount owed by the buyer to the company for auction items;
(8) The company may decide to use any money paid by the buyer to settle any money owed by the buyer to the company, the company’s branch, subsidiary, subsidiary, parent company for auction items or other transactions;
(9) Reject future bids made by buyers or their agents, or collect bid deposits before accepting their bids. The company understands that the sale of auction items is unique and irreplaceable. Whether the seller or the buyer breaches the contract, one party pays damages to the other party is not sufficient relief to the observant party. Therefore, the company, the seller and the buyer all agree that if any party breaches the contract, the observant party can apply to the court for compulsory performance
The order requires the breaching party to continue to perform its obligations under these rules or other related documents.
Article 32: Remedies for delayed withdrawal of auction items
If the buyer fails to withdraw the auction item purchased within seven days from the auction transaction date, the company has the right to take one or more of the following measures:
(1) Insuring and/or storing the auction item in our company or other places, all expenses incurred (including but not limited to the 31st day from the auction transaction date shall be calculated in accordance with the provisions of the bidder registration form) Storage fees, etc.) and/or risks are borne by the buyer. After the buyer has paid the full purchase price in full, the auction item can be withdrawn (packaging and handling costs, transportation and insurance costs, exit fees, etc. are borne by themselves);
(2) The buyer shall be responsible for all risks and expenses incurred after the expiration of the period after the buyer fails to withdraw the relevant auction items within the time limit specified in these rules.
Article 33: Limited Warranty
(1) The general guarantee provided by the company to the buyer: If the auction item sold by the company is later found to be counterfeit, the company will cancel the transaction according to the terms of this rule and the buyer will The hammer price paid to the company together with the buyer’s commission shall be refunded to the buyer in the currency of the original transaction. In this regard, according to the reasonable opinion of the company, counterfeit refers to imitations, deliberately concealing or deceiving the source, origin, years of production, age, culture or source of the work, etc., and the correct description of the above items does NOT included in the catalogue content (consider any proprietary vocabulary). Any damage to the auction item and/or any type of restoration and/or modification (including repainting or painting on it) shall not be regarded as counterfeit items. Please note that this guarantee will not apply in any of the following situations: the content of the catalogue is based on opinions generally accepted by scholars and experts on the date of sale, or the content of the catalogue shows that these opinions conflict; or on the date of sale, proof The auction item is the only method for counterfeiting, and it is not generally available or recognized at the time, or the price is extremely high or the purpose is impractical; or it may have caused damage to the auction item or may (according to the reasonable opinion of the company) has caused the auction item to lose its value According to the description of the auction item, the auction item has not lost any significant value.
(2) The period stipulated in this guarantee is a purely exclusive benefit provided to the buyer within five years after the relevant auction date and cannot be transferred to any third party. In order to claim under this guarantee, the buyer must: within three months after receiving any information that causes the buyer to question the authenticity or attributes of the auction item, notify the company in writing, indicate the auction item number, and purchase the auction item. The date and the reason considered to be the counterfeit; the auction product whose condition is the same as the day when it was sold to the buyer, and whose proper ownership can be transferred, and since the date of sale, there is no third-party claim for the auction product to be returned to the company.
(3) Regarding modern and contemporary art, Chinese oil paintings, and Chinese paintings and calligraphy, although academic circles do not allow any definite explanations of this category, the company reserves the right to guarantee this under this guarantee but within one year after the auction date.