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1. Prior to the Auction
a. Authentication We strongly recommend that the prospective buyers conduct their own authentication for the items they are interested in bidding prior to the auction. We provide no guarantees to the buyer (with the exception of the statement with regard to counterfeits as defined in Section of the Transaction Agreement) .
b. All of the items on auction are being sold "as is" condition. The company does not provide any representation or guarantee as to the condition of any of the items .Unless otherwise stated. The company does not provide any warranty with the items.
c. Important Notice Attention, prospective buyers: As far as possible, the descriptions of auction items will mention obvious defects of the items; however, they do not necessarily include all flaws, defects, or incomplete aspects. Missing information in the statements does not mean the Lot has no defects or has not been repaired. Any statement of one particular defect does not mean there is no any other defect .lease the buyer to refer to the material object and decide to buy them or not.
d. Catalogue Explanations Any statement of the author, history, date, year, size, material, ownership, condition of preservation or estimated selling price of any of the Lots shown in the catalogue or the authentication opinion made by the Company, or any other verbal or written statements made separately shall be solely statements of opinions and shall not be deemed for the statements of actual fact. The photographs shown in the catalogue shall serve as reference only and shall not be deemed as the basis for determining the color or tone of any Lots or disclosure of the defects of such item. The estimates of the auction price shall not be deemed the price at which such item will be successfully sold or the statement of the value of the item for other purposes.
e. Responsibility of the Buyer The Buyer must be full in a detailed way before the auction reads Is responsible for clarifying and satisfying himself about the condition of the items and any related matters stated in the catalogue descriptions
2. in the Auction
a. Refusal of Admission The auction is held at the premises of the Company or any location where the Company has control of for the auction. The Company has full discretion to exercise the right to refuse entry to the premises for the auction or to prevent participation in the auction.
b. Registration Prior to the Bidding Prospective buyers must fill in and sign receives the number sign the registration forms prior to the bidding and provides personal identification. Prospective buyers should also note that the Company may be requested to conduct credit checks against buyers.
c. The Bidder is the Buyer Unless a written agreement has been made upon registration that the bidder will be the agent who acts on behalf of a third person and such third person is accepted by the Company, the bidder will be deemed as the Buyer who will bear individual legal responsibilities.
d. Commission Bids Should a buyer be unable to attend the auction, the Company is pleased to make written bids on behalf of the Buyer. The bid form is attached hereof. Such service is free and confidential. The auction items will be procured at the lowest price against the other bid prices, base price and the authorized marked price by Leader Auction.
If the bid prices are the same, the prior bidder reserves the preemptive right. Please clearly state one's "ceiling price," which is the hammer price which the Buyer shall agree to as if he was present at such auction. "Buy" and bids without limitation will not be acceptable. The Company shall not be legally liable for any failure of execution of written bids, errors, or omissions. Prospective buyer shall present for bids in person to ensure such bids successful.
e. Bid by Phone
The Company will make proper effort to contact the bidder so he can participate in the auction by phone if the prospective buyer makes arrangements with the Company prior to the auction. However, the Company will bear no responsibilities to the Seller or any prospective buyer if no contact is made under any circumstances.
f. Exchange Rate Conversion Board
The Company will use the exchange rate conversion board during the auction; such exchange rate conversion board may err during operation. The Company is not liable for any losses incurred to the Buyer due to his dependence on such exchange rate conversion board (but not on the real bid during the auction). The exchange rates of the New Taiwan dollars, Hong Kong dollars, RMB dollars and U.S. dollars are the current exchange rates when this transaction agreement is made. Therefore, the exchange rate may vary during the period from this transaction agreement is made to the action conducted. The Company will settle the account in the New Taiwan dollars.
g. Recorded Images
There is image projection in some auctions; however, errors may occur during the operation. The Company is not liable for the color accuracy of the reproduced image and whether the projected image corresponds to the item being auctioned.
h. Determining Power of the Auctioneer
The auctioneer has the absolute power to reject any bid, push for bids at his discretion, withdraw any auction items, separate or combine two or more auction items, and if there is any error or dispute, re-auction the items. If has any dispute after the auction, could as be converted to take this company's auction record.
i. Successful Bids
Upon the discretion of the auctioneer, hammer and show his acceptance to the bidder of the highest bid price, will contribute a successful auction agreement between the Seller and the Buyer. The risk and liabilities, excluding the ownership right of such auction items will transfer to the Buyer upon the seventh working day since the deal or when the Buyer - pick up such items prior to such period.
3. Following the Auction
1. The Service Fee of Each Lot Payable by the Buyer
a. The Buyer should pay the hammer price and, in addition, the service fee to the Company.
(1) For hammer price below NT$ 600,000 (inclusive), the service fee should be calculated at 15% of the hammer price.
(2) For hammer price higher than NT$ 600,000∼3,000,000 (inclusive),the service fee should be calculated at 12%.
(3) For hammer price higher than NT$3,000,000,the rest of the amount should be calculated at 10%.
b. Taxes
All the payments payable by the Buyer to the Company do not include any commodity or service taxes or any other value added taxes (whether imposed by the Taiwanese government or elsewhere).
The Buyer should be responsible for paying any applicable taxes as required by the law.
c. Payment
(1) All payments due (including the hammer price, service fee and any applicable taxes) should be paid within 15 days following the auction date.
(2) The Buyer will not acquire the ownership of the Lot even if the Company has delivered such item to the Buyer If the payment to Ravened is made in any currency other than NT dollars , the Company will collect from the Buyer any foreign exchange expense incurred there from, including bank charges and foreign exchange service fees.
d. Collection of the Lot Sold
Unless otherwise agreed by the Company, the Company will hold temporarily the successfully sold Lots until all payments to the Company are made in full. The Lot will be covered by the insurance of the Company from the auction date for 15 days during the temporary holding period. The insurance coverage will terminate upon collection of such item. The Buyer should be responsible for all risks
Following expiration of the said 15day period or the collection (whichever is the earlier).
e. Packaging and Transportation
The Buyer is requested to note that be should bear all the risks upon expiration of the said 15 days period or from collection of such items.
f. Referral of Packaging or Transportation Companies
This company may provide under the buyer request undertakes to transport the merchant material and replaces the arrangement to ship out, but certainly does not lose ally legal liability.
g. Remedies for Non-Payment or Non-Collection of Items Sold
(1) Should payment not be made within 15 days after the auction, a late payment interest of three percent (3%) per month will be claimed.
(2) Refuse the Buyer to make, or to make on behalf of others, bids in any future auctions and/or to require a security deposit from the Buyer before accepting any future bids from him. If the Buyer (Successful Bids) fails to make payment within 15 days, the Company is entitled to exercise the following rights in addition to the aforementioned:
I. To bring legal proceedings against the Buyer on behalf of the Seller to claim the entire payment due and the legal fees resulting from such proceeding based oil a total claim.
II. Cancel the transaction of Lots bid by the Buyer or any other auction items sold to the Buyer at the same or any other auctions.
III. To arrange a public or private re-sale of the Lot. If the re-selling price is lower, the difference will be claimed against the Buyer together with any cost incurred as a result of the non- payment by the Buyer.
h. No Collection of the Lot Sold
The Company will arrange for the storage of the Lot if such item sold is not collected within 15 days of the successful auction, regardless of payment. Such storage cost will be borne by the Buyer.
4. Return of Payments for Counterfeits
The transaction will be cancelled and payments made will be returned to the Buyer if the Lot of the Company is confirmed to be a counterfeit. However, if:
a. The catalogue explanations or the notice at the auction distributed on the auction day corresponds to the opinions generally accepted by the academic or professional fields;
b. The method used to prove that the Lot is a counterfeit is a scientific procedure not generally accepted for use before the publication of the catalogue or a procedure unreasonably expensive on the day of the auction, or impractical, or may cause damage to the Lot; the Company is not liable for the return of any payment under any circumstances. In addition, the Buyer's payment can only be refunded when the following terms are met:
(1) The Buyer (the lot was carried) must notify the Company in writing within 7 days following the auction day that he considers the relevant auction item a counterfeit.
(2) A written description submitted by two independent experts and approved by the Company.
(3) The Buyer shall return the auction item to the Company within 7 days from the note of return of payment for counterfeits, and the condition of such auction item when received by the Company shall remain the same as it the auction day on which it was sold.
(4) The Buyer reserves the absolute ownership right toward the auction item and sets no liabilities on such auction item.
(5) Upon the return of relative expenses by the Seller, the Company may then refund the Buyer.
5. The Legal Responsibility of the Company
Otherwise, whether the Buyer, the Company, any employees or agents of the Company will not be field liable for any statements of the author, history, date, year, ownership, authenticity or origin of any auction item or any errors with respect to any explanations and any laws or defects of any auction item. The Buyer, the Company, the employees or the agents of the Company make no guarantee with respect to any auction items. Any warrantee of any kind shall not be included herein.
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