Conditions of Sale
TERMS & CONDITIONS
Orion Asian Art London AS AGENT
The lots listed in this catalog will be offered by Orion Asian Art London as owner or as agent for consignor(s) subject to the following terms and conditions. By bidding at auction you agree to be bound by these Conditions of Sale.
BEFORE THE SALE
Prospective buyers are strongly advised to ask for the condition report before the sale. Condition reports are usually available on request. All lots are sold "AS IS" and without recourse and neither Orion Asian Art London nor its consignor(s) makes any warranties or representations, express or implied with respect to such lots. Neither Orion Asian Art London nor its consignor(s) makes any express or implied warranty or representation of any kind or nature with respect to merchant-ability, fitness for purpose, correctness of the catalog or other description of the physical condition, size, quality, rarity, importance, medium, material, genuineness, attribution, provenance, period, culture, source, origin, exhibitions, literature or historical significance of any lot sold. The absence of any reference to the condition of a lot does not imply that the lot is in perfect condition or completely free from wear and tear, imperfections or the effects of ageing. No statement, whether written or oral, and whether made in the catalog, or in supplements to the catalog, an advertisement, a bill of sale, a salesroom posting or announcement, the remarks of an auctioneer, or otherwise, shall be deemed to create any warranty, representation or assumption of liability. Orion Asian Art London and its consignor(s) make no warranty or representation, express or implied that the purchaser will acquire any copyright or reproduction rights to any lot sold. Orion Asian Art London expressly reserves the right to reproduce any image of the lots sold in the catalog.
AT THE SALE
Orion Asian Art London has the right to refuse participation in any auction and to reject any bid.
Registration before Bidding
A prospective buyer must complete and sign a registration form and provide identification before bidding. We may require bank or other financial references.
Bidding as Principal
When making a bid, a bidder is accepting personal liability to pay the purchase price, including the buyer's premium, all applicable taxes and all other applicable charges, unless it has been explicitly agreed upon in writing with Orion Asian Art London before the commencement of the sale that the bidder is acting as agent on behalf of an identified third party acceptable to Orion Asian Art London and that Orion Asian Art London will only look to the principal for payment.
Online Bids
We will use reasonable efforts to carry out online bids and do not accept liability for equipment failure, inability to access the Internet or software malfunctions related to the execution of online bids.
Reserves
Some lots in the sale are subject to a reserve which is the confidential minimum price below which such lot will not be sold. The reserve will not exceed the high estimate of the lot. Reserves are agreed upon with consignors or, in the absence thereof, the absolute discretion of Orion Asian Art London.
Auctioneer's Discretion
The auctioneer has the right at his or her absolute and sole discretion to refuse any bid, or to limit the maximum bid amount, to advance the bidding in such a manner as he or she may decide, to withdraw any lot, and in the case of error or dispute, and whether during or after the sale, to determine the successful bidder, to continue the bidding, to cancel the sale or to re-offer and resell the item in dispute. If any dispute arises after the sale, our sale record is conclusive.
Successful Bid
The highest bidder acknowledged by the auctioneer will be the purchaser. In the event of a dispute between bidders, the auctioneer has final discretion to determine the successful bidder or to re-offer the lot in dispute. If any dispute arises after the sale, the Orion Asian Art London sale record shall be conclusive. Title passes upon the end of the online sale to the highest acknowledged bidder subject to the Conditions of Sale set forth herein, and the bidder assumes full risk and responsibility.
AFTER THE SALE
Buyer's Premium
In addition to the hammer price, the buyer agrees to pay Orion Asian Art London a buyer's premium and the applicable sales tax added to the final total. The buyer's premium for all purchases made via online bidding is a flat rate of 15% of the hammer price.
Payment
The buyer must pay the entire amount due (including the hammer price, buyer's premium, all applicable taxes and other charges) no later than 5 p.m. on the seventh (7) business day following the sale. Payment in GBP Sterling may be made with cash; bank check or wire transfer unless other arrangements are made with Orion Asian Art London. Orion Asian Art London reserves the right to hold merchandise purchased by personal check until the check has cleared the bank. The purchaser agrees to pay Orion Asian Art London a handling charge of $50 for any check dishonoured by the drawee.
If payment did not receive in seven business day after the auction, we will take necessary measures toward bidder's account.
Credit Card Payments larger than $5,000 must be processed through LiveAuctioneers Payments System OR Invaluable WePay Payment System. A link will be included in the invoice.
We will not accept Credit Card payments larger than $5,000 directly, please contact our gallery.
All sales to highest bidder are final with NO Discount, NO Refund, or Return, and must be paid in a timely matter.
Tax Exempt Notice
Lots marked with an asterisk (*) are tax exempt as permitted by law.
Non Payment
If we do not receive payment in full, in good cleared funds, within seven (7) business days following the sale, we are entitled in our absolute discretion to exercise one or more of the following measures, in addition to any additional actions available to us by law:
a.) to impose a late charge of one and a half percent (1.5%) per thirty (30) days of the total purchase price
b.) to hold the defaulting buyer liable for the total amount due and to begin legal proceedings for its recovery together with interest, legal fees and costs to the fullest extent permitted under applicable law
c.) to cancel the sale
d.) to resell the property publicly or privately with such terms as we find appropriate, to resell the property at public auction without reserve, and with the purchaser liable for any deficiency, cost, including handling charges, the expenses of both sales, our commission on both sales at our regular rate, all other charges due hereunder and incidental damages. In addition, a defaulting purchaser will be deemed to have granted us a security interest in, and we may retain as collateral security for such purchaser's obligations to us, any property in our possession owned by such purchaser. At our option, payment will not be deemed to have been made in full until we have collected funds represented by checks, or in the case of bank or cashier's checks, we have confirmed their authenticity.
e.) to offset against any amount owed
f.) to not allow any bids at any upcoming auction by or on behalf of the buyer
g.) to take other action as we find necessary or appropriate
LIABILITY
Condition Reports
The bidder assumes responsibility for ensuring that the condition of the item(s) meets with their satisfaction prior to bidding. Any condition statement is given as a courtesy to a client, and is only an opinion and should not be treated as a statement of fact. Orion Asian Art London shall have no responsibility for any error or omission. The absence of a condition statement does not imply that the lot is in perfect condition or completely free from wear and tear, imperfections or the effects of ageing.
Orion Asian Art London is not responsible for the correctness of any statement of any kind concerning any lot, whether written or oral, nor for any other errors or omissions in description or for any faults or defects in any lot. Neither the seller, ourselves, our officers, employees or agents, give any representation, warranty or guarantee or assume any liability of any kind in respect of any lot with regard to merchant-ability, fitness for a particular purpose, description, size, quality, condition, attribution, completeness, authorship, authenticity, rarity, importance, medium, provenance, exhibition history, literature or historical relevance. Except as required by local law any warranty of any kind whatsoever is excluded by this paragraph. Items under $1,000 are collated upon request.
Purchased Lots
If for any reason a purchased lot cannot be delivered in the same condition as at the time of sale, or should any purchased lot be stolen, miss-delivered or lost prior to delivery, Orion Asian Art London shall not be liable for any amount in excess of that paid by the purchaser.
Discretion
Any and all of the conditions may be waived or modified in the sole discretion of Orion Asian Art London
Condition Report
Orion Asian Art London provides condition reports as a courtesy to our clients and assumes no liability for any error or omission. Any condition statement is given as a courtesy to a client, and is only an opinion and should not be treated as a statement of fact. Descriptions are our opinions and should in no way be construed as a guarantee of any kind as to age, condition, mater. The bidder assumes responsibility for ensuring that the condition of the item(s) meets with their satisfaction prior to bidding. The absence of a condition statement does not imply that the lot is in perfect condition or completely free from wear and tear, imperfections or the effects of ageing.
Orion Asian Art London is not responsible for the correctness of any statement of any kind concerning any lot, whether written or oral, nor for any other errors or omissions in description or for any faults or defects in any lot. Neither the seller, ourselves, our officers, employees or agents, give any representation, warranty or guarantee or assume any liability of any kind in respect of any lot with regard to merchant-ability, fitness for a particular purpose, description, size, quality, condition, attribution, completeness, authorship, authenticity, rarity, importance, medium, provenance, exhibition history, literature or historical relevance.
