Conditions for sale
参与拍卖竞投需知<br>1.拍卖规定<br>本目录较后部份刊载了拍卖规定和拍得高之有限保证。竞投人士应阅读有关章节,以了解拍卖会购买任何货品之条款。<br>2. 估价<br>估 价是根据类似货品于近期之拍卖会取得之成交价,以及考虑拍卖品之状况、稀有程度、质量及出处而定的。估价于拍卖会举行前已订定,但亦有修订之可能。买家不 应将估价视为实际成交价或预测。估价不包括买家应支付予本公司之酬金。若目录内出现『估价待询』时,请联络拍得高索取进一步数据。<br>3. 底价<br>部份拍卖品受底价之限制。底价是卖方设定之不公开之最低售价。即拍卖品将不会以低于底价出售。底价不会超过印于目录内估计售价之下限。<br>4.买家支付之酬金<br>本公司将向买家收取酬金,酬金费率为每件拍卖品之成交价之15%。<br>5. 税项<br>买家应支付拍得高之所有款项不包括任何货物税或服务税或其他增值税(不论是由香港或其他地区所征收)。香港现时并没有征收该等款。如有任何该等税项适用,买家须依有关法律所规定之税率及时间缴付该等税款。<br>6. 拍卖前展览<br>拍卖品在拍卖前将会免费公开展览,可预约拍得高专家或于即场提供意见。<br>7. 登记竞投<br>准买家须在拍卖举行前至少30分钟登记。准买家于办理登记手续后将获发竞标牌号。新客户或该等近期没有与拍得高交易的客户,须提供银行参考信,以便办理登记手续。为避免提取拍卖品有所延误,请在拍卖前与拍得高联络安排支票或信用核可相关事宜。<br>8. 竞投<br>拍 卖官将接受拍卖现场之人士、电话竞投人,以及不在场竞投人士在拍卖前递交书面竞投表格予拍得高之竞投。拍卖官可以代卖家用竞投的方式以低于拍卖品的底价开 始拍卖。拍卖官也可以连续竞投方式或以响应其他竞投者的投价而竞投的方式,继续代卖家竞投到底价的金额。拍卖官不会特别指出此乃代表卖家之竞投。拍卖官不 会代表卖家作出等同于或高于底价之出价。<br>9. 书面竞投<br>书面竞投是准买家以书面指示拍得高代其在不超过其指定金额之下竞投拍卖品。拍得高 之人员将参考底价,尽力以最低价进行竞投。若拍得高在同一拍卖品收到两个或以上竞投价相同的书面竞投,则该拍卖品归于其书面竞投最先送抵拍得高之买家。拍 卖官有权直接于拍卖台上执行书面竞投,并指明为『不在场竞投』或『书面竞投』。书面竞投表格可向拍得高索取。<br>在没有更高叫价的情况下,对不设底价的拍卖品所提交的不在场投标,会以售前估价下限大约50%成交,但是若该投标低于售前估价下限的50%,则以该投标价成交。<br>10. 电话竞投<br>准 买家可在拍卖会进行时透过电话竞投。该项服务须于拍卖会开始前至少24小时与拍得高作出事先安排。电话竞投将可被录音,以电话竞投即代表准买家同意其对话 将被录音。本公司不接受估计竞投价低于港币10,000元的电话竞投。本公司所提供之电话竞投服务是为方便客户而设。拍得高将尽合理的努力联络准买家,如 本公司未能联络准买家或就电话竞投出现错误及遗漏,本公司将不负任何责任。<br>11. 成功竞投<br>受限于拍卖官的酌情决定权, 由拍卖官接纳之最高价竞投人将为买家。拍卖官下槌即表示对最高竞投价之接受,而买卖双方的合约亦随之订立。成功竞投人须缴付最终竞投价及佣金。书面竞投之结果将于拍卖后寄出。<br>12. 竞投结果<br>若欲以口头方式取得某项拍卖品之拍卖结果或以传真方式取得拍卖之全部结果,请致电拍得高。<br>13. 付款<br>买 家须于拍卖日期后第七个工作日的下午四时半或之前悉数支付所有欠款(包括成交价、买家须支付之酬金以及任何适用之税项。)即使买家希望将拍卖品出境,并需 要或可能需要出口许可证,此一付款条款亦适用。纵使在拍得高已将拍卖品交给买家的情况下,买家仍未取得该拍卖品之所有权,直至买家就欠拍得高的款项悉数付 清并为纯净资金为止。付款方式最好以电汇方式直接转入拍得高的银行户口:<br>[详情]<br>请将汇款指示连同阁下的姓名及发票号码一起交予银行。本公司虽亦接受个人支票及公司支票,但请买家留意,须于支票承兑后方可提取拍卖品。如以现金或银行本票支付款项,将可立即提取拍卖品。<br>买 家须注意拍卖品之转让将不被本公司承认。买家在成功竞投得拍卖品后,须对拍得高负上所有付款责任。查询有关详情,请致电拍得高如买家以外币支付, 拍得高将向买家收取任何因此产生的汇兑成本,包括银行收费及佣金。汇兑率将根据香港上海汇丰银行在买家付款当日给予拍得高的汇率报价。最终汇率会以拍得高 之证明书作确认。本公司不接受由买家以外之任何人就已购之拍卖品之付款, 除非买家于拍卖前预先取得拍得高之同意。<br>14. 提运<br>每张单据 均附有提运单。买家须负责领取拍卖品或安排提运事宜。在款项付清后,拍得高可依照买家之要求,代为安排包装、运输保险及付运事宜,买家须缴付有关收费。至 于需要专业包装之大型或贵重物品,我们建议买家预先查询所需之估计费用。买家可于提取拍卖品时索取运输保险之资料。请联络拍得高索取更多数据。<br>15. 出口/进口许可证<br>在 拍卖时售出之对象可能受香港出口法律及其他国家进口法律之限制。买家应在出口或进口前确定是否须取得出口或进口许可证。许可证申情之否决或延迟将不构成取 消买卖或延迟付款之理由。拍得高可就出口许可规例条文详情提供意见,并将在要求下提交任何必需的出口许可证申情。然而,拍得高不能确保能否取得出口许可 证。进口国家的当地法律可能禁制进口及/或重售若干拍卖品,请联络拍得高索取进一步更多数据。<br>16. 贮存<br>拍得高可在买家之要求下,协助 买家安排拍卖品之贮存及付运事宜。拍卖完毕后,所有拍卖品将首先贮存于拍卖场内供买家提取,其后则会存于仓库,本公司将不另收贮存费用。惟买家若于拍卖后35天内仍未提取拍卖品,本公司将安排予之贮存,费用为每件拍卖品每天港币50元, 由买家负责。<br>17. 保险<br>拍卖完毕后,拍得高将为售出之拍卖品提供最多7天之保险。7天期满后或自拍卖品提取时起(以较早者为准),拍卖品之风险将全由买家承担。<br>拍卖规定<br>这里列出的拍卖规定及重要通告及目录实务解释包含所有拍得高拍卖(国际)有限公司(「拍得高」) 、卖家与买家所定的合约条款。这些条款可于拍卖时经张贴之通告或口头宣布修改。当竞投者参与拍卖, 他们同意受这些条款约束。<br>1. 拍得高作为拍卖代理<br>除另作声明外, 拍得高的角色为拍卖品卖方的代理。拍卖品的销售合约适用于买卖双方。<br>2. 拍卖前<br>(a) 拍卖品之检验<br>在拍卖会举行前, 准买家应亲自检验他们有兴趣购买之拍卖品。在要求下, 拍卖行一般会给予准买家拍卖品状况的报告。拍得高及卖方除有限保证外(请参阅以下第六段), 均不会对拍卖品的性质作出保证。而拍卖品亦是以其拍卖时的现状出售。<br>(b) 目录及其他说明<br>本 公司在关于拍卖品之目录、或在物品状况报告或其他地方内之所有口头或书面陈述, 均只属意见之陈述, 而不应当作为事实之陈述。此陈述并不构成本公司任何形式之任何陈述, 保证或责任承担。目录或物品状况报告中所提及之有关瑕疵或修复, 只作为指引, 而应由竞投者或具备有关知识者亲自检查。未有此等资料的陈述, 不代表拍卖品完全没有瑕疵或修复。如已提述特定之瑕疵, 并不代表拍卖品没有其他瑕疵。拍卖品之估价, 不应被依据为拍卖品成功拍卖之价格, 或用作其他估价用途。除非如下文第6段所列, 拍得高及卖家均不会对目录或任何补充数据中的任何错误及遗漏负责。<br>(c) 买家之责任<br>除在下文第6段有限保证订明外, 所有拍卖品均以其‘现况’ 拍卖, 拍得高或卖家均不就此作出任何陈述或保证。买家有责任查明并了解有关拍卖品之状况及目录所提及之事项, 并且确定自己对此感到满意。<br>3. 拍卖之时<br>(a) 拒绝进入拍卖场地<br>拍得高有绝对之酌情决定权拒絶任何人士进入拍卖场地或参与拍卖, 亦可拒绝接受任何竞投。<br>(b) 竞投之前作出登记<br>准买家在竞投前, 必须填妥及签署登记表格, 并提供身份证明。本公司可能要求准买家出示用作付款的银行资料或其他财政证明。<br>(c) 竞投者为委托人<br>在竞投时, 竞投者是以个人承担法律责任去缴付拍卖价, 包括买家所支付的酬金及所有适用的税项, 以及其他所有适用的费用。假如代理人代第三方参与竞投, 他必须在竞投前明确取得拍得高的书面同意。在此情况下, 拍得高只会向委托人收取款项。<br>(d) 书面竞投<br>为 方便不能亲身出席拍卖, 或不能由代理人或通过电话拍卖的客户, 如拍得高在竞投开始前收到书面竞投, 则会尽其合理努力代其竞投。如拍得高就某一拍卖品收到多个竞投价相等之书面竞投, 而在拍卖时此等竞价为拍卖品最高之竞投价, 则该拍卖品会售予书面竞投最先送抵本公司而被接纳之人。除非在竞投时有其他委托, 此项书面竞投的执行是本公司免费服务。拍得高不会因未能执行书面竞投, 或在当中出现之任何错误及遗漏负任何责任。<br>(e) 电话竞投<br>如准买家于拍卖前与拍得高作好安排, 可以电话参与竞投。拍得高将尽合理努力联络准买家, 但在任可情况下, 如未能联络或在电话竞投中有任何错误及遗漏, 本公司均不负任何责任。<br>(f) 货币兑换显示板<br>在某些拍卖会上, 本公司会使用货币兑换显示板, 而该等显示板在操作上可能出现错误。竞投者宜跟随拍卖场的实际竞投。如竞投者因依赖货币兑换显示板而非拍卖场的实际竞投, 而蒙受损失, 本公司概不负责。<br>(g) 视频或数码影像<br>在有些拍卖中,会有视频或数码屏幕,但其操作或会出现错误, 而影像之质素可能未能令人满意,本公司均不就该等错误负任何责任。<br>拍得高保留对拍卖会进行录像及纪录拍卖过程之权利。拍得高会保密所得之个人资料。为了公司研究客户群之目的,这些资料可能与我们的联系人仕及营销伙伴分享共享。任何买家如不希望被摄于录像, 则可安排电话竞投。如欲取得更详细资料, 请参阅上述3(e)部份。<br>(h) 底价<br>部份拍卖品设有底价。底价乃拍卖品的保密最低价, 拍卖品不会以低于此价出售。此底价不会高于目录中所示的最低估价。拍卖官可以代卖家以低于拍卖品的底价开始拍卖。拍卖官也可以连续竞投方式或以响应其他竞投者的投价而竞投的方式, 继续代卖家竞投到底价的金额。<br>不 设底价的拍卖品, 除已有竞投, 否则拍卖官有权自行斟酌定开价, 通常会以拍卖品的售前估价下限的50%开始拍卖。若在此价格并无投标,拍卖官会自行斟酌将价格下降继续拍卖, 直至有客户开始竞投, 然后再由该投标价向上继续拍卖。在没有更高叫价的情况下, 不在场投标会以售前估价下限大约50%成交, 但是若该投标价低于售前估价下限的50%, 则以该投标价交易。<br>(i) 拍卖官之酌情决定权<br>拍卖官具有绝对及全权酌情决定权去拒绝接受任何竞投, 以其决定之方式进行拍卖, 将任何拍卖品撒回或分开拍卖, 将任何两件或多件拍卖品合并拍卖。如遇有出错或争议, 不论在拍卖之时或之后, 拍卖官有权决定成功竞投者, 继续拍卖, 取消拍卖或将有争议性的拍卖品重新拍卖。如在拍卖后有任何争议, 将会以本公司的拍卖记录为依归。<br>(j) 成功竞投及风险的转移<br>在拍卖官之酌情决定权下,出价最高且被拍卖官接受的竞投者将为买家,而下槌则显示最高竞投价已被接受,亦表示卖家与买家之间的拍卖合约之订立。拍卖品之风险及责任,不包括其所有权,在出售日起七个工作日期满或在买家于期满前提取该物品时,转移到买家。<br>4. 拍卖之后<br>(a) 买家支付之酬金<br>买家同意在支付成交价外,还要支付拍得高酬金及任何适用之税项及费用。酬金为每件拍卖品之落槌价之15%。<br>付款及所有权的转移<br>于 出售后, 买家需立即向本公司提供其姓名及永久地址, 如有需要, 亦须提供付款银行之详情。买家须于拍卖日期后第七个工作日的下午四时半或之前悉数支付所有欠款(包括成交价、买家须支付之酬金以及任何适用之税项)。即使 买家希望将拍卖品出境,并需要或可能需要出口许可证,此一付款条款亦适用。纵使在拍得高已将拍卖品交给买家的情况下,买家仍未取得该拍卖品之所有权,直至 买家就欠拍得高的所有款项悉数付清并为纯净资金为止。<br>(b) 领取已购拍卖品<br>拍得高有权保留已成功拍卖之拍卖品,直至买家就欠拍得高的所 有款项悉数支付且为纯净资金,或直至买家巳覆行拍得高在独有酌情决定权利下订定之其他条款。符合上述条件的买家须于拍卖起三十五日内领取已购拍卖品,除非 拍得高与买家另有约定。如买家未于上述指定期间内领取拍卖品, 拍得高会安排储存该拍卖品,并向买家以每件拍卖品每天收取港币50元。<br>(c) 包装、处理及运送<br>尽管拍得高在处理、包装及运送已购拍卖品时尽合理努力小心妥当处理,本公司不会对就此而聘请的第三方之行为或遗漏负责。同样地,拍得高可应要求而建议使用其他办理商、包装商或运送供货商时,也不会负责或承担其行为或遗漏引致的任何责任。<br>(d) 出入口许可证<br>买家应自行办理任何相关出口或入口许可证。任何许可证申请之否决或延误并不构成该出售之撤销或延迟悉数付清拍卖品款项之理由。<br>在 没有拍得高书面同意的情况下,买方须于七天内付款。买方即使要申请出口许可证,也不应影响买方该责任及拍得高因买方迟还款项而行使收取利息或收取仓库保管 费之权利。如买家要求拍得高代其申请出口许可证,拍得高则有权就此服务收取费用。如买家需要额外支付申请出口许可证之款项,拍得高并无义务废止拍卖或退还 利息或退还买家已招致的其他支出。<br>(e) 不付款之补救办法<br>如买家未有在上述第4(a) 条的期限内缴付全款及有效清账,除法律赋予拍得高之任何其他权利或补救办法外,本公司有酌情决定的权力行使以下一项或多项权利或补救办法:<br>(i) 根据拍得高决定之合理利率收取利息;<br>(ii) 取消该项拍卖品之交易;<br>(iii) 根据拍得高认为适当的条款对拍卖品公开或向私人重新售卖;<br>(iv) 不履行义务的买家须承担尚欠之全部金额及因取回此金额而开始的法律诉讼程序及在适用法律中许可最大程度之内的利息及诉讼费用;<br>(v) 代不履行责任的买家支付予卖家其应付的拍卖净价金额;<br>(vi) 将拍得高在任何其他交易中欠下买家之款项,用以抵销买家未付之款项;<br>(vii) 如买家因多项不同之交易而欠下拍得高数笔款项,将所付之款项用以清偿某特定交易之欠款,而不论买家是否指示用以清偿该笔款项;<br>(viii) 在将来的任何拍卖中,拒绝买家或其代表作竞投或于接受任何竞投前向买家收取按金;<br>(ix) 采取任何其他拍得高认为需要或适当之行动。<br>如 本公司因上述第(iii)段重新售卖拍卖品,不履行义务的买家将负责偿付原来尚欠拍得高的全数及再重售时的价格差额,及负责任何有关拍卖或因不履行责任时 产生的费用、支出、损害赔偿、律师费、佣金及酬金。如拍得高因上述(v)段支付卖家任何金额,买家则承认拍得高拥有卖家之所有权利,不管如何产生,可就此 金额向买家提出追讨。<br>(f) 未有领取已购拍卖品<br>如已购得之拍卖品未有在成功拍卖起三十五日内领取,则不论付款与否,拍得高有权在买方支付每件拍卖品每天港币50元的情况下,安排储存事宜。而只有在该买家付清所引致之搬运、贮存、处理、保险及任何其他费用,连同欠拍得高之所有其他款项之后,方可领取已购拍卖品。<br>5. 拍得高之法律责任<br>拍 得高同意在下文第6 条有限保证中所列出之情况下退还购买款项。除此之外,不论卖家、拍得高及其雇员或代理人对任何拍卖品就任何种类的口头或书面陈述的正确,或任何其他说明之 误差或遗漏,或任何拍卖品之任何缺陷均不负任何责任。除在下文第6 条订立之外,卖家、拍得高及其雇员或代理人均无须就任何拍卖品有关描述、大小、质量、状况、原创性、真实性、罕有程度、重要性、媒介、出处、可销性、对某 特定用途的适用性、展览历史、刊物或历史的关联等作出任何陈述、保证、担保或承担任何责任。除非当地法律有特别要求,任何种类之担保,均不包含在本段之 内。<br>6. 本行不作任何保证、担保或陈述<br>(a) 在拍卖会前,买方应确保满意拍卖品的状况,并自行判断拍卖品的真伪。所有物品均以「现 状」出售。除于此买卖条款列明之责任外,拍得高拍卖有限公司(「拍得高」)、卖方和其各自的员工及经纪人,概不对任何拍卖物品的描述或真伪负责;卖方、拍 得高和其各自的员工及经纪人均没有对任何拍卖品发出任何保证条款,而任何明确或暗示性的条款或保证条款均已撤回。<br>(b) 假如买方证实投得的拍卖品是膺品,有关买卖可被取消,买方所付的所有费用(不包括期间的利息收入)可悉数退还给买方,但需符合下列条件:<br>(i) 买方在拍卖会结束后十四个历日内把拍卖品交还予拍得高,且拍卖物品的状况和拍卖当天一样;<br>(ii) 拍得高同意有关拍卖品为膺品;<br>(iii) 于有关拍卖会后,买方一直保留该拍卖品不受干预的所有权,且能够并将会将拍卖品可完整转售的所有权转让,且当中并不附带任何留置权或其它负担。<br>(iv) 买方不得就因此而导致的直接或间接的损失索取任何赔偿;<br>(v) 获得退还款项的权利不得转让,款项将退还给买方,即该拍卖品原有发票上的收票人;<br>(c) 在 不背离其他拍卖条款的一般性原则下,买方请紧记拍得高和卖方均没给予任何和钟表有关的拍卖品明确或暗示性的保证条款或陈述,拍得高和卖方一概不保证这些拍 卖品的可销性、真伪、属性、出处、状况、生产或制造年份,图录及网站上的任何描述均不能被视为保证条款或陈述。<br>7. 版权<br>由拍得高或为拍 得高制作的与拍卖品相关的所有影像、说明及书面材料以及本目录之所有内容之版权,无论何时均属拍得高所有。未经拍得高事先书面同意,买家或任何人均不得使 用受版权保护的材料。拍得高及卖家均没有陈述或保证买方成功竞投后即取得了该拍卖品之版权或其他复制的权利。<br>8. 可分割性<br>如本拍卖规定之任何部份遭任何法院认定为无效、不合法或不能执行,则该部份可不予理会,而本拍卖规定之其他部份在法律许可之最大范围内须继续有效。<br>9. 资料搜集<br>就 经営本公司的拍卖业务方面, 本公司需要向阁下搜集个人资料或向第三方索取有关阁下的资料(如向银行索取信用审核)。这些数据会由本公司在机密情况下处理及保存, 唯有关资料有可能提供给本公司之联系人仕, 以协助本公司为阁下提供完善的服务, 进行客户分析, 及以便提供符合买家要求的服务。为了阁下的权益, 本公司亦可能需要向第三方服务供货商(例如船运公司或存仓公司)提供阁下的部分个人资料。阁下参与本公司的拍卖, 即表示阁下同意上文所述。<br>10. 法律及司法管辖权<br>各方就有关本拍卖规定,拍卖的行为及任何与上述条文的事项的权利及义务,均受香港法律管限并解释。在拍卖竞投时,无论是亲自出席或由代理人出席竞投,或以书面、电话或其他方法竞投,买家则被视为接受本拍卖规定,及为拍得高之利益而言,服从香港法院之排他性司法管辖权。<br>买方须知-履约保证金<br>所有有意参与竞标人仕,均须在拍卖举行前登记及交付履约保证金,才能取得竞标牌号参与拍卖。拍得高将审理个别登记及有绝对决定权提出不同要求的程序。<br>竞标者必须填妥及签署登记表确认了解及接受买卖条款,提供有效身份证明文件、联络地址及电话,及交付履约保证金。为免挤迫或延误等不便,请预先与拍得高安排交付保证金事宜。<br>拍 卖完结后,未能成功竞标者可于7个工作天内领回履约保证金,款项不包括利息。成功竞标者应立刻支付所有款项及领取有关拍卖品,并可以履约保证金抵付部份须 支付的款项。如买方未能于拍卖完结后7个工作天交付所有款项及领取有关拍卖品,拍得高将根据买卖条款处理该拍卖,并没收履约保证金,恕不退还。详情请参阅 拍卖图录内之买卖条款。<br>[注意:使用信用咭或其他电子付款方式支付履约保证金的客户,需于拍卖后立即交收,否则拍得高将于7个工作天后过数,买方并需支付拍得高所订之手续费。<br>除非另行公布,基本履约保证金为港币五万元正(HK$50,000)。<br>买方须知-履约保证金备有中文及英文版本,如两个版本之内容有任何不符之处,概以英文版为准,中文版只作参考之用。<br><br><br>1. Condition of Sale<br>Later in this catalogue, the Conditions of Sale and Limited Warranty of Paidegao are set out. Bidders are strongly encouraged to read these as they set out the terms on which property is bought at auction.<br>2. Estimates<br>Estimates are based on prices recently paid at auction for comparable property, condition, rarity, quality and provenance. Estimates are subject to revision. Buyers should not rely upon estimates as a representation or prediction of actual selling prices. Estimates do not include the buyer’s premium. Where “Estimate on Request” appears, please contact Paidegao for further information.<br>3. Reserves<br>Some lots are offered subject to a reserve. The reserve is the confidential minimum price below which the lot will not be sold. The reserve will not exceed the low estimate printed in the catalogue.<br>4. Buyer’s Premium<br>The buyer’s premium is 15% of the hammer price of each lot.<br>5. Tax<br>All sums payable by the buyer to Paidegao are exclusive of any goods or service tax or other value added tax (whether imposed by Hong Kong or otherwise). Currently no such taxes have been imposed by Hong Kong. When any such tax applies, the buyer shall pay such tax at the rate and time as required by the relevant law.<br>6. Pre-auction Viewing<br>Pre-auction viewings are open to the public and are free of charge. Specialists from Paidegao are available to give advice at viewings or by appointment.<br>7.Bidder Registration<br>Prospective buyers should register at least 30 minutes before the auction. A numbered bidding paddle will be given to prospective buyers after the registration. New clients, or those who have not made a recent purchase at Paidegao, will be asked to supply a bank reference for registration. To avoid any delay in the release of purchases, please contact Paidegao to arrange cheque or credit approval in advance of the auction.<br>8. Bidding<br>The auctioneer accepts bid from those present in the saleroom, from telephone bidders, or by absentee written bids left with Paidegao prior to the auction. The auctioneer may open the bidding on any lot below the reserve by placing a bid on behalf of the seller. He or she may continue to bid on behalf of the seller up to the amount of the reserve. Such bids may be consecutive or be placed in response to other bidders. The auctioneer will not specifically identify bids placed on behalf of the consignor. The auctioneer will not place any bid on behalf of the consignor at or above the reserve.<br>9. Absentee Bids<br>Absentee bids are written instructions from prospective buyers directing Paidegao to bid on their behalf up to a maximum amount specified for each lot. Paidegao’s staff will attempt to execute an absentee bid at the lowest possible price taking into account the reserve price. If Paidegao receives identical bids from two or more parties, the first bid received and accepted will take priority. The auctioneer has the right to execute absentee bids directly from the rostrum, identifying these as “absentee bids”, “book bids” or “commission bids”. Absentee Bids Forms are available on request.<br>Absentee bids submitted on “no-reserve” lots will be executed, only if there is no higher bid, at approximately 50% of the low pre-sale estimate or at the amount of the bid if it is less than 50% of the low pre-sale estimate.<br>10. Telephone Bids<br>Prospective buyers may bid by telephone during the course of the auction. To participate in the bidding by telephone, a prospective buyer may make advance arrangements with Paidegao at least 24 hours before the commencement of the auction. Telephone bids may be recorded. By bidding on the telephone, prospective purchasers consent to the recording of their conversation. Telephone bids are not accepted for lots estimated below HK$10,000. Telephone bidding services are offered for the convenience of our clients. Paidegao will use reasonable efforts to contact prospective buyers but we are not liable for the failure to do so or for errors and omissions in connection with telephone bidding.<br>11. Successful Bids<br>The highest bidder accepted by the auctioneer, subject to the auctioneer’s discretion, will be the buyer. The striking hammer indicates that the highest bid has been accepted and that a contract for sale between the seller and the buyer has been concluded. Successful bidders will pay the price of the final bid plus commission together with any applicable VAT. The results of absentee bids will be sent by mail after auction.<br>12. Auction Results<br>Please contact Paidegao by phone to obtain spoken results for specific lots or faxed results for an entire sale.<br>13. Payment<br>Buyers must pay the full amount due (including the hammer price, buyer’s premium and any applicable taxes) by 4:30pm on or before the seventh working days following the sale. This applies even if the buyer plans to export the lot and an export license is, or may be, required. The buyer will only acquire title to the lot when all amounts due from the buyer to Paidegao have been received in good cleared funds, even if Paidegao has released the lot to the buyer. Preferably, payment should be made by telegraphic transfer directly to Paidegao’s account at: -<br>[DETAILS]<br>Please include your name and invoice number with your instructions to the bank.<br>Personal and company cheques are accepted but purchases will not be released until such cheques have cleared. Payment by cash or banker’s draft will enable immediate release of purchases.<br>Transfer of lots is not recognized. The successful bidder is responsible for payments to Paidegao. Please contact Paidegao for further information. If the payment to Paidegao is paid in a currency other than Hong Kong dollars, we shall charge the buyer for any currency costs arose. Bank charges and commissions for converting the currency will be included. The exchange rate concerned will be the rate for Hong Kong Dollars quoted to Paidegao by the Hongkong and Shanghai Banking Corporation Limited on the date of payment. Paidegao certificate as to such rate will be conclusive.<br>Payments for purchased lots from any party other than the buyer will not be accepted, unless otherwise agreed between the buyer and Paidegao in advance of the sale.<br>14. Shipping<br>Enclosed with each invoice is a shipping form. It is the buyer’s responsibility to pick up purchases or make all shipping arrangements. After payment has been made in full, at the buyer’s request and expense, Paidegao can arrange property packing, transit insurance and shipping. Buyers are advised to request an estimate for any large items or property of high value that require professional packing. Transit insurance is available at the time of collection of property. Please contact Paidegao for more information.<br>15. Export/Import Permits<br>Property sold at auction may be subject to laws governing export from Hong Kong and import restriction of foreign countries. If any relevant export or import license is required, it is the buyer’s sole responsibility to obtain it. Any denial of or delay in license applications shall not justify the rescission of any sale nor any delay in making full payment for the lot.<br>Paidegao can offer advice on the details of provisions of the export licensing regulations and will submit any necessary export license applications on request. However, Paidegao is unable to ensure whether or not a license will be obtained. Import of some property and/or resale of some property in the country of importation may be prohibited by local laws. Please contact Paidegao for further information.<br>16. Storage<br>Paidegao can assist with any arrangement for storage and shipping upon purchaser’s request. All purchases will be held for collection at the saleroom or transferred to the warehouse at no charge. If the buyer does not collect the purchases within thirty-five days after the sales, storage shall be arranged at the buyer’s expense at HK$50 per lot per day.<br>17. Insurance<br>Paidegao provides insurance cover for sold items for a maximum of 7 days after the date of the auction. The lot will be entirely at the buyer’s risk after that period or once the lots has been collected (whichever is earlier).<br>Important Notices and<br>Explanation of Catalogue Practice<br>All Dimensions Are Approximate<br>Condition Reports<br>In Paidegao’s catalogues, references to condition are included only in description of multiple works such as prints, books and wine. For all other property, no statement of condition is made and only alterations or replacement components are listed. You may contact Paidegao for a condition report on a particular lot.<br>Condition reports are provided as a service to prospective buyers. Prospective buyers are advised to note that descriptions of property are not warranties and that each lot is sold “as is”.<br>Property Incorporating Materials From Endangered Species<br>For the export of any item made of or incorporating (irrespective of percentage) animal material such as ivory and whalebone, an export license issued by the Agriculture, Fisheries and Conservation Department, Hong Kong, is required. This may take up to eight weeks to obtain. Clients should check with the regulating body in the country of importation regarding any possible importation restrictions on within this category.<br>Explanation of Cataloguing Practice<br>Paidegao uses the following expression with their accompanying explanations as standard cataloguing practice. The use of these expressions does not take account of the condition of the lot or of the extent of any restoration.<br>For Paintings, Prints and Works of Art<br>A work catalogued with the name(s) or recognised designation of an artist or maker, without any qualification, is in our opinion, a work by the artist or maker. In other cases, the following words or expressions, with the following meanings are used:<br>Buyers are advised to inspect the property themselves. Written condition reports are usually available on demand.<br>To prospective buyers of Clocks<br>In the catalogue description of the lot, where possible, significant damage is mentioned. No warranty is given that any clock is in working order. The catalogue description of any Lot does not imply such a warranty or indicate the absence of restoration or repair. The catalogue description should not be taken as a statement as to the condition of the Lot or the state of conservation. Not all clocks are sold with pendulums, wrights or keys. Please refer to the catalogue descriptions for details about what is sold with each Lot.<br>CONDITIONS OF SALE<br>These Conditions of Sale and the Important Notices and Explanation of Catalogue Practice contain all the terms on which Paidegao International Auctioneer Limited (“Paidegao”) and the seller contract with the buyer. They may be amended by posted notices or oral announcement made during the sale. By bidding at auction the bidder agrees to be bound by these terms.<br>1. PAIDEGAO AS AGENT<br>The role of Paidegao is the agent for the seller, except as otherwise stated. The contract for sale of the property is made between the seller and the buyer.<br>2. BEFORE THE SALE<br>(a) Examination of property<br>Before the commencement of the auction, prospective buyers ought to examine any property they are interested in personally. Condition reports are usually available on demand. Neither Paidegao nor the seller provides any guarantee concerning the nature of property, apart from the Limited Warranty (Please refer to paragraph 6 below). Otherwise, the property is sold “as is”.<br>(b) Catalogue and other descriptions<br>All statements made orally or in writing by us, in the catalogue entry for the property, the condition report or elsewhere, are statements of opinion and are not to be deemed as statements of fact. Such statements do not make up a representation, warranty or assumption of liability by us of any kind. References in the catalogue entry or the condition report to damage or restoration are only for guidance and should be evaluated by personal inspection by the bidder or a knowledgeable representative. The absence of such a reference does not indicate that an item is free from defects or restoration. A reference to particular defects does not imply the absence of any others. Estimates of the selling price do not suggest the actual selling price or the value for any other purpose. Neither Paidegao nor the seller assumes responsibility in any way for errors and omissions in the catalogue or any supplemental material (except as set forth in paragraph 6 below).<br>(c) Buyer’s responsibility<br>Without any representation or warranty of any kind by Paidegao or the seller, all property is sold “as is” (except as stated in the Limited Warranty in paragraph 6 below). It is buyers’ responsibility to satisfy themselves regarding the condition of the property and the matters referred to in the catalogue entry.<br>3. AT THE SALE<br>(a) Refusal of admission<br>At its complete discretion, Paidegao has the right to refuse admission to the premises or participation in any auction and to reject any bid.<br>(b) Registration before bidding<br>Before bidding, a prospective buyer must complete and sign a form of registration and provide identification. The production of bank or other financial references may be required.<br>(c) Bidding as principal<br>By making a bid, a bidder accepts personal liability to pay the purchase price, including the buyer’s premium and all applicable taxes, plus all other applicable charges. Bidding as agent on behalf of an identified third party has to be explicitly agreed in writing with Paidegao before the sale commences. If this is the case, Paidegao will only look to the principal for payment.<br>(d) Absentee bids<br>For the convenience of clients who are not present at the auction in person, by an agent or by phone, written bids may be delivered to Paidegao in advance of the sale. Paidegao will put reasonable efforts in carrying out such bids. If Paidegao receives written bids on a particular lot for identical amount, and at the auction these are the highest bids on the lot, such lot will be sold to the person whose written bid was received and accepted first. Execution of written bids is a free service undertaken subject to other commitments at the time of the sale. Paidegao is not liable for the failure to execute a written bid or for errors and omissions in connection with it.<br>(e) Telephone bids<br>To participate in the bidding by telephone, a prospective buyer may make advance arrangements with Paidegao before the commencement of the sale. Paidegao will use reasonable efforts to contact prospective buyers but we are not liable for the failure to do so or for errors and omissions in connection with telephone bidding.<br>(f) Currency converter<br>A currency converter may be operated at some auctions. Errors may occur in the operation of the currency converter. Bidders are advised to follow the actual bidding in the saleroom. We do not accept liability to bidders who follow the currency converter rather than the actual bidding in the saleroom.<br>(g) Video or digital images<br>Video or digital screen may be used at some auctions. Errors may occur in the operation and the quality of the image may not be satisfying. We do not accept liability for such errors.<br>Paidegao reserves the right to videotape and record proceedings at any auctions. Any personal information obtained will be held in confidence by Paidegao. For the purpose of customer analysis, such information may be used or shared with our affiliates and marketing partners. Any buyer who does not wish to be videotaped may arrange to make a telephone bid. For details, please refer to paragraph 3(e) above.<br>(h) Reserves<br>Some lots are offered subject to a reserve. The reserve is the confidential minimum price below which the lot will not be sold. The reserve will not exceed the low estimate printed in the catalogue. The auctioneer may open the bidding on any lot below the reserve by placing a bid on behalf of the seller. He or she may continue to bid on behalf of the seller up to the amount of the reserve. Such bids may be consecutive or be placed in response to other bidders.<br>Regarding the lots that are offered without reserve, in his or her discretion, the auctioneer will generally open the bidding at 50% of the low pre-sale estimate for the lot, unless there are already competing bids. If a bid at that level is absent, in his or her discretion, the auctioneer will proceed backwards until a bid is recognized, and then continue up from that amount. In case a higher bid is absent, absentee bid will be executed at about 50% of the low pre-sale estimate, or at the amount of the bid if it is less than 50% of the low pre-sale estimate.<br>(i) Auctioneer’s discretion<br>At his absolute and sole discretion, the auctioneer has the right to refuse any bid, to advance the bidding in a manner he may decide, to withdraw or divide any lot, to combine any two or more lots 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 reoffer and resell the item in dispute. Our sale record is conclusive in case of dispute after the sale.<br>(j) Successful bid and passing of risk<br>The highest bidder accepted by the auctioneer, subject to the auctioneer’s discretion, will be the buyer. The striking hammer indicates that the highest bid has been accepted and that a contract for sale between the seller and the buyer has been concluded. Risk and responsibility for the lot, but not its title, passes to the buyer at the expiration of seventh working days from the date of the sale or on collection by the buyer if earlier.<br>4. AFTER THE SALE<br>(a) Buyer’s premium<br>The buyer agrees to pay to Paidegao the buyer’s premium plus any applicable tax and charges, in addition to the hammer price. The buyer’s premium is 15% of the hammer price of each lot.<br>Payment and passing of title<br>The buyer must provide us immediately after the sale with his or her name and permanent address and, upon request, details of the bank for payment. The buyer must pay the full amount due (including the hammer price, buyer’s premium and any applicable taxes) by 4:30pm on or before the seventh working days following the sale. This applies even if the buyer plans to export the lot and an export license is, or may be, required. The buyer will only acquire title to the lot when all amounts due from the buyer to Paidegao have been received in good cleared funds, even if Paidegao has released the lot to the buyer.<br>(b) Collection of purchases<br>Paidegao has the right to retain items sold until all amounts due to Paidegao has been received in full in good cleared funds, or until the buyer has satisfied other terms required by, in its sole discretion, Paidegao. The buyer is then entitled to collect purchased lots within thirty-five days from the date of the sale, unless otherwise agreed between Paidegao and the buyer. If the lot is not collected within this period, Paidegao shall arrange storage at the buyer’s expense at HK$50 per lot per day.<br>(c) Packing, handling and shipping<br>Paidegao shall use reasonable efforts to take care when handling, packing and shipping a purchased lot. However, we assume no responsibility for the acts or omissions of third parties whom we might retain for these purposes. Paidegao may suggest other handlers, packers or carriers upon request but Paidegao does not accept responsibility or liability for their acts or omissions.<br>(d) Export/ Import license<br>It is the buyer’s sole responsibility to obtain any relevant export or import license. Any denial of or delay in license applications shall not justify the rescission of any sale nor any delay in making full payment for the lot.<br>Unless agreed by Paidegao in writing, the buyer is under the obligation to make payments within seven days. Such obligation and Paidegao’s right to charge interest or storage charges on late payment are not affected by the buyer’s plan to apply for an export license. In case the buyer requests Paidegao to apply for an export license on his or her behalf, Paidegao has the right to make a charge for this service. Paidegao has no obligation to rescind a sale or to refund any interest or other expenses incurred by the buyer where the payment is made by the buyer in circumstances where an export license is required.<br>(e) Remedies for non payment<br>If the buyer fails to make payment in full in good cleared funds within the time required by paragraph 4(a) above, in its own discretion, in addition to asserting any other rights or remedies available to Paidegao by law, Paidegao has the right to exercise one or more of the following rights or remedies:<br>(i) to charge interest at a reasonable rate decided by Paidegao;<br>(ii) to cancel the sale;<br>(iii) to publicly or privately resell the property on terms that Paidegao considers fit;<br>(iv) to hold the defaulting buyer liable for the total amount due and to commence legal proceedings for its recovery in addition to interest, legal fees and costs to the fullest extent permitted under applicable law;<br>(v) to pay an amount up to the next proceeds payable in respect of the amount bid by the defaulting buyer to the seller;<br>(vi) to set off against any amounts which Paidegao may owe the buyer in any other transactions, the outstanding amount remaining unpaid by the buyer;<br>(vii) where several amounts are owed by the buyer to Paidegao, in respect of different transactions, to apply any amount paid to discharge any amount owed in respect of any particular transaction, whether or not the buyer so intends;<br>(viii) at any future auction to reject any bids made by or on behalf of the buyer or to obtain a deposit from the buyer before accepting any bids;<br>(ix) to take any other actions Paidegao considers necessary or appropriate.<br>If the property is resold under paragraph (iii) above, the defaulting buyer shall be liable for payment of deficiency between the total amount originally due to Paidegao and the resell price in addition to all costs, expenses, damages, legal fees and commissions and premiums of whatever kind associated with both sales or otherwise incurred from the default. If Paidegao pays any amount to the seller under paragraph (v) above, the buyer acknowledges that Paidegao has all of the rights of the seller, however arising, to pursue the buyer for such amount.<br>(f) Failure to collect purchases<br>In case the lots purchased are not collected within thirty-five days from the date of the sale, whether or not payment has been made, Paidegao is entitled to arrange storage at the buyer’s expense at HK$50 per lot per day and to release the items only after the payment in full has been made of removal, storage, handling, insurance and any other costs arose, plus payment of all other amounts due to Paidegao.<br>5. EXTENT OF PAIDEGAO’S LIABILITY<br>In the circumstances of the Limited Warranty set out in paragraph 6 below, Paidegao agrees to refund the purchase price. The seller, Paidegao and its employees or agents assume no responsibility for the correctness of any oral or written statement of whatever kind concerning any lot, nor for any other errors or omissions in description, nor for any faults or defects in any lot. Except as stated in paragraph 6 below, the seller, Paidegao and its employees or agents do not give any representation, warranty or guarantee or assume any liability of any kind in respect of any lot regarding description, size, quality, condition, attribution, authenticity, rarity, importance, medium, provenance, merchantability, fitness for a particular purpose, exhibition history, literature or historical relevance. Except as required by local law, any warranty of any kind whatsoever is excluded by this paragraph.<br>6. No Guarantee, Warranty or Representation<br>(a) Prior to the auction, Buyers should satisfy themselves with the condition of each lot and should exercise and rely on their own judgment as to the genuineness or authenticity of any lot. All goods are sold on 'as is' basis. Subject to the obligations accepted by Paidegao Auctioneer Limited (“Paidegao”) under this Condition, neither the Seller, Paidegao, their respective staff nor agents are responsible for errors of description or for the genuineness or authenticity of any lot. No warranty whatever is given by the Seller, Paidegao, its respective staff nor agents in respect of any lot. Any express or implied conditions or warranties are hereby withdrawn.<br>(b) In case the Buyer proves a lot to be a forgery, the sale of such lot will be set aside and the amount paid in respect of such lot will be refunded to the Buyer without interest, provided that: -<br>(i) the lot is returned to Paidegao within 14 calendar days of the date of auction in which the lot was sold and is in the same condition as it was at the time of the auction;<br>(ii) Paidegao is satisfied that the lot is a forgery;<br>(iii) since the sale the Buyer has retained uninterrupted ownership of the lot and is able to and shall transfer, free from any liens or encumbrances, a good and marketable title of the lot;<br>(iv) the Buyer shall not claim for any loss or damage, directly or indirectly suffered by him; and<br>(v) the rights to such refund is not assignable nor transferable and such refund shall only be made to the Buyer who shall be the person to whom the invoice of the lot was originally made out.<br>(c) Without derogation from the generality of the other terms and conditions herein contained, when any lot hereunder consists of a watch or watches or similar items, Buyers are reminded that Paidegao and the Seller give no warranty and make no representation, express or implied, concerning such watches or items' merchantability, genuineness, attribution, provenance, condition, vintage or year of manufacture and no statement in this Catalogue and on the Websites shall constitute or be deemed to constitute such warranty or representation.<br>7. COPYRIGHT<br>Paidegao holds at all times the copyright in all images, illustrations and written material produced by or for Paidegao relating to a lot including the contents of this catalogue. Without Paidegao’s prior written consent, the copyrighted materials shall not be used by the buyer, nor by anyone else. Paidegao and the seller make no representation or warranty that the buyer of a property will acquire any copyright or other reproduction rights in it.<br>8. SEVERABILITY<br>If any court finds any part of these Conditions of Sale is invalid, illegal or unenforceable, that part shall be discounted and the rest of the conditions shall remain valid to the fullest extent permitted by law.<br>9. DATA COLLECTION<br>In connection with the operation of our auction business, we will need to seek personal information from you or obtain information about you from third parties (eg. credit checks from banks). Such information will be processed and kept by us in confidence, but may be shared with our affiliates to assist us in providing you with a complete range of services, for customer analysis and to help us to tailor our services to buyer requirements. Some of your personal data may also need to be shared with third party service providers (eg. shipping or storage companies) for your benefit. By participating in our auction, you agree to all previously stated disclosure.<br>10. LAW AND JURISDICTION<br>The rights and obligations of the parties with respect to these Conditions of Sale, the conduct of the auction and any matters connected with any of the foregoing shall be governed and interpreted by the Hong Kong laws. By bidding at auction, whether present in person or by agent, by written bid, telephone or other means, the buyer accepts these Conditions and is submitted, for the benefit of Paidegao, to the exclusive jurisdiction of the Hong Kong courts.<br>CONDITIONS OF SALE - Bidder Deposit<br>All prospective buyers shall register as a bidder before auction and pay a contractual consideration (bidder deposit). After that, a prospective buyer will be given a numbered paddle for auction. Each registration shall be assessed individually by Paidegao, which also has sole discretionary right to demand different procedures and requirements.<br>To signify understanding and acceptance of the “Condition for Sale,” a prospective buyer must complete and sign a registration form. Valid identification, correspondence address and telephone number must be provided and a bidder deposit be paid. To avoid any inconvenience such as crowdedness or delay, advance arrangements for payment of the bidder deposit with Paidegao are strongly advised.<br>After the auction, bidders without purchase shall obtain refund of their bidder deposit within 7 working days without interest payment. Successful buyers shall pay to Paidegao the Total Amount Due and collect the purchased items immediately. Successful buyers can use the bidder deposit to offset part of the Total Amount Due. In case any buyer fails to pay the Total Amount Due and collect the purchased items with 7 working days after the auction, Paidegao shall forfeit the bidder deposit and the Buyer shall have no right to ask for refund. Paidegao shall exercise the rights and remedies as stated in the Conditions for Sale. Please refer to the Conditions of Sale in auction catalogue for more details about terms and conditions.<br> [Note: Invoice should be settled immediately after auction if customers use credit card or any other electronic means of payment to pay the Bidder Deposit, as otherwise the amount will be debited to the card account after 7 working days and buyers have to pay a handling fee as prescribed by Paidegao.]<br>Unless otherwise announced, currently applicable Bidder Deposit is Hong Kong Dollars Fifty Thousand (HK$50,000).<br>The Conditions of Sale – Bidder Deposit is available in both English and Chinese. In case of any inconsistency between the two versions, the English version shall prevail while the Chinese version is used for reference only.<br> <br>
Shipping
EpaiLive may assist its customers to arrange professional third party shipping companies to ship the auctioned goods to a place designated by the customers. To avoid any loss caused by damages that may incur during the shipment, EpaiLive will only assist its customers to arrange insured shipment. EpaiLive will use its best effort to assist the customers in the import customs clearance of the auctioned goods at the destination, however, subject to the customs policies of China and the destination country, EpaiLive is not able to guarantee that all of the auctioned goods will be cleared by the relevant customs office. Any shipping fees, insurance premium and charges, import tax and other expenses incurred during the shipment process are not included in the purchase price of the auctioned goods and should be paid by the customers separately. If you wish to understand more about the shipping of the goods, please contact the Global Logistics Department of EpaiLive at lixuelin@epailive.com or ningjie@epailive.com.
Full EpaiLive Logistics and Shipping Service Terms
Our agreement
Before using the logistics and shipping service (the “Service”) of EpaiLive Auction (Beijing) Co. Ltd. (hereinafter referred to as “EpaiLive”, with its registered address at Room 988, 9th Floor, CEC Building, No. 9 XiguangLi, Chaoyang District, Beijing 100125, China), please make sure to carefully read, agree with and accept all of the terms and conditions contained herein. If you don’t agree with the terms and conditions herein, you should immediately cease to use the Service.
Please note that these terms may change in the future and EpaiLive reserves the right to modify these terms at any time. Notice of modification of these terms will be posted on the (invaluable) website. The modified terms shall become effective: (1) immediately for newly registered users, or (2) on the 30th day after the date of the notice (this day excluded) for existing users who have registered before the modification.
Article 1
You agree and acknowledge that, according to your authorization, EpaiLive arranges third party service providers to provide you with international e-commerce logistics services. EpaiLive may enter into logistics and transportation contract with third party service providers in its own name. You are fully aware and hereby acknowledge that, although EpaiLive is a signing party to the relevant logistics and transportation contract, it is acting on your behalf according to your authorization and therefore EpaiLive will not bear any legal consequences in relation to such logistics and transportation contract. In addition, since EpaiLive is not a party to the relevant sales and purchase contract in relation to such logistics and transportation contract, EpaiLive is not responsible for any and all liabilities with regard to the defects or intellectual property infringement associated with the goods.
EpaiLive may assist its customers to arrange professional third party shipping companies to ship the auctioned goods to a place designated by the customers. To avoid any loss caused by damages that may incur during the shipment, EpaiLive will only assist its customers to arrange insured shipment. EpaiLive will use its best effort to assist the customers in the import customs clearance of the auctioned goods at the destination, however, subject to the customs policies of China and the destination country, EpaiLive is not able to guarantee that all of the auctioned goods will be cleared by the relevant customs office. Any shipping fees, insurance premium and charges, import tax and other expenses incurred during the shipment process are not included in the purchase price of the auctioned goods and should be paid by the customers separately.
Article 2
The following items are subject to prohibition or restrictions for transportation:
1. Currency in circulation is prohibited for transportation; currency not in circulation or any other securities bearing a value are restricted;
2. Firearms and ammunitions, imitation guns, controlled knives and all other types of blades (including all kinds of firearms and blades classified as antiques) are prohibited;
3. Any kind of precious metals and gemstones without processing, such as gold bullion, jade stones, rough diamonds without processing, are prohibited. Processed gold items are restricted;
4. Ivory tusks without any carving, ivory connected with anything else, or complete ivory tusk with a foundation are all prohibited;
5. Rhino horns bonded to a wooden base (for hanging on the wall as decoration), or other items inlaid or connected with complete animal horns are restricted items, which require license for endangered species for importation purpose;
6. Accessories and other articles made with endangered animal specimens (such as tiger paws, tiger bones, ivory, rhino horn, coral, etc.) are restricted items, which require license for endangered species for importation purpose;
7. Red sandalwood, red rosewood, yellow rosewood and agalloch wood are restricted items, which require license for endangered species for importation purpose;
8. Items listed as prohibited or restricted in the "Form of Items Prohibited or Restricted for Import and Export of the People's Republic of China”;
9. Items the transportation or import/export of which is subject to the prohibition or restriction of the laws and regulations of the jurisdiction where such items are shipped to, from or through; and
10. Any other items not allowed to be shipped according to the shipment terms of the aviation freight, sea transportation or international courier companies.
Article 3
1. When the customer receives a package, please open the packaging on the spot to check the item inside. If there is any damage or loss of the item, please take a picture as evidence and ask the carrier to provide a damage or loss certificate (such as the waybill, receipt acknowledgement, examination report or statement of shipping problems, etc.) and notify the EpaiLive customer service hotline 400-060-8258 within 48 hours.
2. When the customer identifies any damage of loss of the item, please keep the carrier’s packaging, insurance policy or certificate, waybill or bill of lading, invoice, shipment statement, damage or loss certificate, claim statement and all other paperwork, EpaiLive will use its best effort to assist the customer to make claims with the carrier and the insurance company. Any losses will be ultimately borne by the carrier and the insurance company, and EpaiLive assumes no liability.
3. If the customer confirms receipt of a package without checking on the spot and later finds that the item is damaged or lost, the customer needs to contact the carrier and the insurance company by itself for any claims, and EpaiLive does not assume any responsibility.
4. EpaiLive is not responsible for any loss caused to the customer due to the inspection of goods by the customs office or quarantine departments.
Article 4
If any of the following occurs or will potentially occur, EpaiLive has the right to terminate the provision of the Service even if it has already undertaken the business. In such circumstances, EpaiLive will not return the service fee already paid by the customer.
1. After the customer has authorized EpaiLive to arrange a third party service provider to ship the goods, if the customer refuses to accept the goods due to its own reason, the customer shall be responsible for the shipment cost of the returned goods and all other expenses and losses caused thereof, no matter whether the goods have reached the destination.
2. If the customer unilaterally refuses to cooperate with the customs office in the customs clearance process at the destination, the customer shall be responsible for the shipment cost of the returned goods and all other expenses and losses caused thereof.
3. If the goods are seized of confiscated because they do not meet the import policy of the destination country, the customer shall be responsible for the shipment cost of the returned goods and all other expenses and losses caused thereof.
Article 5
If any of the following occurs, EpaiLive has the right to suspend or terminate the entire or part of the Service without separate notice.
1. When the devices and systems used for providing the Service is under maintenance, including without limitation maintenance checks, service and updates.
2. When there occurs a force majeure event such as fire, power outage, natural disaster, or system failures, etc., which renders the provision of the Service impossible.
3. When the power and/or telecommunication companies do not provide the necessary services.
4. Any other events that cause EpaiLive unable to provide the Service.
Article 6
Customers using the Service shall not do any of the following:
1. Use the Service for an improper purpose.
2. Infringe the intellectual property of EpaiLive, including without limitation EpaiLive’s trademarks, copyrights, design patents, invention patents and other intellectual property rights and its right to its cooperate image, its right for advertising, and other rights.
3. Any conduct involving fraud or other criminal behavior.
4. Disguise itself as a third party to use the Service.
5. Improperly use of the equipment of EpaiLive or a third party, or any other conduct that affects EpaiLive’s operations.