Chapter I general provisions
Rule number one: rules.
This rule is based on the auction law of the People's Republic of China and other relevant laws and regulations; It also refers to international practice.
Article 2: the definition of a rule noun.
In the terms of this rule, the following words are defined as:
(1) "The Company" means the Big Bang(Beijing) International Auction Company
(2) "bidder" refers to according to Chinese law with full capacity for civil conduct, in the auction activity to be held in our company registration and the necessary formalities, to participate in the bidding items of natural persons, legal persons or other organizations. The bidder shall have the conditions or qualifications required by laws and regulations for the sale of the auction items or the qualifications of the bidder. In this rule, the bidder shall include the agent of the bidder unless otherwise specified or in accordance with the special needs of the meaning;
(3) "buyer" means the bidder who buys the item at the highest price at the auction held by the company;
(4) "client" means the natural person, legal person or other organization that has entrusted the company to auction the items within the scope of this rule. In this rule, unless otherwise specified or in accordance with the special needs of the text, the principal shall include the agent of the principal;
(5) "auction item" means any item sold by the trustee to the company for auction, especially any item which is specified in any catalogue with any number;
(6) "auction day" means the day when the company announces the official auction transaction at an auction. If the commencement date of the publication is inconsistent with the actual date of the commencement of the auction, the date of the actual commencement of the auction shall prevail.
(7) "auction date" means the date in which the auctioneer confirms, in the event of an auction held by the company, the date of the sale of any item by means of a hammer or other means of public expression;
(8) "hammer price" means the price of the auctioneer's decision to sell the item to the buyer;
(9) "sale income" refers to the net to pay the payment of the principal, the net for dropping the hammer price minus the rate of commission, fees, and the client shall pay the balance of the other funds of the company;
(10) "purchase price" means that the buyer shall pay the total remuneration, including the hammer price, for the purchase of the item. The sum of all other expenses paid by the buyer and all expenses that should be paid for the buyer's failure to perform his obligations;
(11) "fees" refers to the company to insurance items, making items focus, and other forms of propaganda materials, packaging, transport, storage and other fees and in accordance with relevant laws, regulations or the provisions of this rule and the other charge;
(12) "reserve price" means the minimum selling price of the auction items that the client has submitted and negotiated with the company in writing;
(13) "reference price" means the estimated selling price, not the actual selling price, of the item marked after the sale of an item or other description.
Article 3: scope of application of rules.
The company organizes and conducts auction activities within the scope of the laws and policies of the People's Republic of China. Participate in the auction activity organized by the company of the parties concerned, including the Beijing poly, the trustee, bidders, buyer and other related parties (including but not limited to the trustee, bidders, buyer's agent), these rules shall be deemed to be fully accepted the terms of the agreement and be bound by the rules, in the auction activity organized by the company to comply with the provisions of these rules, shall enjoy the right to the provisions of this rule and assume the obligations stipulated in the rules.
Participate in the bidding in the auction activity organized by the company of the bidder, whether to attend personally or by the agent to attend the bidding, whether to put brand bidding in the auction activity, or in writing, telephone bidding or any other means, are considered fully accept the rules.
All disputes between parties involved in the auction activity organized by the company shall be settled in accordance with the provisions of this rule.
Article 4: warranty of defects.
The company is not responsible for the authenticity and/or quality of the auction items. Any description, description or opinion of the item, which is only for the bidder and/or its agent, does not constitute a guarantee or guarantee of the authenticity and/or quality of the auction in any case.
All the items are sold at auction. Therefore, the bidder and/or his agent shall personally or entrust the expert to examine the item and bear legal liability for the act of bidding for an auction.
Any bidder in the auction activity organized by the company to participate in bidding behavior, shall be deemed to be the bidder to prepare bidding auction of authenticity, quality, and so on and so forth have to conduct a comprehensive inspection and assessment, satisfied with the present situation and the value of the items. The bidder's participation in the bidding shows that he is willing to bear all the risks that may be encountered and has given up the right to challenge the authenticity and/or quality of the auction.
Article 5: special prompt.
In the company at the auction, bidders of the bidding price by the auctioneer dropping the hammer or by other way said publicly that the completion of confirmation, namely that of the lots of business contract relationship has legal effect, the bidder becomes the items of the buyer. Beijing poly, the trustee and buyer shall admit that items have been sold, clinch a deal the facts, and laws and regulations and the rules agreed by the rights and assume obligations as agreed in the laws and regulations and these rules. If either party fails to perform its obligations, it shall bear the corresponding legal responsibility.
The client, bidder, buyer and other relevant parties involved in the auction activity of the company shall carefully read and abide by the rules and be responsible for their participation in the auction activity of the company. Any loss or liability arising from the failure to read the rules carefully shall be borne by the actor himself.
The company may amend the rules by Posting a notice in the auction venue or by announcing it through an auctioneer at an auction.
The second chapter is about the client.
Article 6: entrustment procedure.
When the principal entrusts the company to auction its goods:
(1) if the trustor is a natural person, he must hold a valid identity card and sign an auction contract with the company;
(2) if the principal is a legal person or other organization that shall hold a valid registration certificate, certificate of the legal representative or legal authorized documents, and sign the contract on trust auction with the company.
Article 7 the entrusted agent.
If the agent entrusts the company to auction the goods, it shall issue the relevant entrusted documents to the company. Include:
(1) if it is a natural person, a valid identity certificate must be held;
(2) if the principal's agent is a legal person or any other organization, it shall hold a valid registration certificate and a legal representative's identity certificate;
(3) a power of attorney issued by a legal procedure.
The company has the right to verify the above documents in a lawful manner.
Article 8 the guarantee of the principal.
The trustee shall guarantee to the company and the buyer that the item sold by the company is irrevocable.
(1) it has absolute ownership of the auction items or has the right of legal disposal (including copyright interests) and does not violate the provisions of relevant laws and regulations;
(2) as far as it is concerned, it has made a comprehensive and detailed disclosure and explanation to the company on the source and defects of the auction, without any concealment or fiction;
(3) if the breach of the above guarantee, cause the actual owner of the items or claims to have rights of any third party claim or lawsuit, causes the company and/or the buyer suffer losses, the client shall be liable for the company and/or all the losses suffered by the buyer so and bear all costs and expenses.
Article 9: reserve price.
In addition to the unretentive prices agreed between the company and the principal, all the items are subject to a reserve price. The reserve price shall be determined by the company and the client through negotiation. The reservation price shall be subject to the prior consent of the other party. After the auction target has been authorized by the entrusting party, the seller shall have the right to sell the auction after the auction, and the principal shall pay the auction party commission. In any event, the company shall bear no liability for the failure of the sale of an item in the auction held by the company.
Article 10: the decision of the company.
The company has full discretion over the following matters:
(1) to make any description and/or evaluation of any auction item through the auction catalogue and/or the news media and/or other media;
(b) whether any expert opinion should be consulted;
(3) standards for the advertising of the items in the catalogue, the exhibition of the auction items and other forms of the auction, the arrangement of the promotional activities and the fees payable;
(4) whether an auction is suitable for the auction of the company;
(5) the date of the auction, the place of the auction, the conditions of the auction and the manner of the auction.
Article 11: no auction item.
Client and the company signed a contract on trust auction and will items after delivery of the company, if due to any reason attributable to the company that some items are not suitable for auction by this company, the trustee shall be from the company within 30 days from the date of the notice to retrieve the items (such as packaging and handling fees ego), the trust auction contract between the principal and the company since the date of the client to receive the items. If the auctioneer fails to take the item within the time limit, the auction contract between the company and the principal shall be terminated upon the expiration of the above term. If the trustee in trust auction within seven days after the termination of the contract has yet to take items, then the company shall have the right to dispose of the items in the form of the company think reasonable, disposal income after the company after the full cost of the resulting, if you have the balance, by client to retrieve.
Article 12: auction suspension.
In case of any of the following circumstances, the company shall have the right to suspend any auction of any item at any time prior to the actual auction:
(1) the company disputes the ownership or authenticity of the auction items;
(2) the third party dissenting for items belonging to or authenticity, and provides the objection is based on the relevant evidence materials, security and delivery in accordance with the company regulations, at the same time willing to suspend the legal consequences caused by auction all loss and bear the corresponding responsibility;
(3) to disagree with the statement made by the client or to the accuracy guaranteed by the client as mentioned in article 8 of this rule;
(4) there is evidence that the client has violated or will violate any provision of this rule;
Article 13: the client withdraws the item.
The client may, at any time before the auction, issue a written notice to the company to withdraw the item. But to withdraw the auction, if the items has been included in the focus, or other materials has started printing, you should pay the equivalent of the items of insurance amount is twenty percent of the payment and other expenses. If the catalogue or any other promotional material has not been printed, it shall also be required to pay the amount equal to 10% of the insured amount of the item and other expenses. Any dispute or claim arising from the revocation of the item by the trustee shall be borne by the trustor and not related to the company.
Article 14: automatic protection.
Except otherwise agreed in writing by the client in the client and the company will conclude a contract on trust auction and the auction after delivery of the company, all items will be automatically the insured in the insurance of the company, the insurance amount to the company and the client in the trust auction contract to determine the reserve price shall prevail (have no retentive price, will be subject to the insurance amount of the items agreed: adjust the auction of the reserve price, will be subject to the items original reserve price). The insurance amount is only applicable to insurance and claims, not the company warranty or guarantee of the value of the items, it doesn't mean the items by auction, the company can fetch the same in the payment of the insurance amount.
Article 15 insurance premium.
Unless otherwise agreed by the client and the company, the principal shall pay a premium of one percent of the price of the hammer. If the auction is not completed, the client shall also pay an insurance premium equivalent to one percent of the retained price.
Article 16: insurance period.
If the auction is completed, the period of insurance shall be terminated on the seventh day of the auction (including the date of sale) or the day when the buyer receives the auction (whichever is earlier). If the auction is not completed, the period of insurance shall expire seven days after the date when the company issues the notice of the return of the item.
Article 17: the client arranges insurance.
If the client is informed in writing that the company does not need to insure the goods, the risk is borne by the client. At the same time, the client shall bear the following responsibilities at any time (unless otherwise awarded by the arbitration organization) :
(1) indemnify any other obligee for the damage or loss of the auction items to the company, or the claim or lawsuit filed by the company;
(2) indemnify the company and/or any other party for any loss, loss, loss, etc., of the sale of the item, and all expenses incurred therefrom.
(3) to notify any insurer of the sale of the compensation stipulated in this article.
Article 18: insurance exemption.
Due to wear and tear, inherent defect, the inherent or potential defects, the material itself changes, spontaneous combustion, the heat, oxidation, corrosion, leakage and rat bite, bug eat by moth, atmospheric (or temperature) climate change, humidity or temperature change or other gradient reasons and because of the earthquake, tsunami, war, hostility, armed conflict, terrorism, coups, strikes, social unrest and other force majeure and nuclear radiation and radioactive pollution to cause any damage to or loss of items and books caused due to any reason framework or glass, sac box, cushion, bracket, mounts, copies, appendages, damage to or loss of the shaft head or similar is not in the scope of insurance claims.
Article 19: insurance compensation.
All because of the company for the items purchased insurance within the scope of the insured event or disaster caused by the damaged or lost items, should be according to the insurance laws and regulations of the People's Republic of China. After the company has made claims to the insurance company and obtained the insurance indemnity, the insurance indemnity shall be deducted from the balance of the company's expenses (except commission) to the client.
Article 20: bidding shall be prohibited.
The principal shall not bid for the goods that he has entrusted to the auction of the company, nor shall he entrust others to do so. In the event of breach of this article, the client shall bear the corresponding legal liability and indemnify the company for all losses caused thereby.
Article 21 commission and fees.
Unless otherwise agreed between the principal and the company, the principal authorizes the company to deduct 3 % of the commission and 3 % of the tax at 7 % of the price of the hammer. Other expenses are deducted at the same time. Notwithstanding the fact that the Company is the agent of the Client, the Client agrees that the Company may, in accordance with the provisions of Article 47 of these Rules, collect gratuities and other fees from the Buyer.
Article 22: no transaction fee.
If the bid price of an auction is less than the reserve price, the client authorizes the company to charge it for the unrecorded fee and other expenses. The unrecorded fee is an insurance premium of one percent of the item's reserve price.
Article 23: selling income payment.
According to provisions of these rules of article 48 if the buyer has paid to the company all of the purchase price, then the company shall, within 35 days since the auction to sell income RMB payment for the principal.
Article 24: deferred payment.
As provided for in article 48 of these rules for payment expires, the company still did not receive all of the buyer of the purchase price, then the company will be paid upon receipt of the buyer of all seven working days from the date of the purchase price will sell income to pay the principal.
Article 25 taxes.
The principal of the proceeds of the sale proceeds shall pay taxes to the government, such as laws and regulations the company has a withholding obligation, the company will be implemented in accordance with the law, the trustee shall assist all formalities, and undertake the corresponding tax.
Article 26: assist in the collection of arrears.
When the client entrusts the company to auction its goods, it is deemed to have authorized the company to pay the buyer the corresponding arrears in respect of the buyer. Such as the buyer on the auction day (including the closing date) within 7 days did not pay the full purchase price to the company, the company in addition to the buyer shall have the right in accordance with the rules of article 55 agreed recourse the remuneration and other fees payable in also has the right to think practical cases in our company, take appropriate measures (including but not limited to) may be resolved through legal channels to help the client to the buyer collect the payment of arrears.
This agreement does not preclude the trustee personally or entrust any third direction buyer recourse corresponding rights on money, also don't give the company to the buyer for the client in any case recourse corresponding default payment obligations. The company shall not be liable to the client for the failure of the buyer to pay the purchase price in any case.
Article 27: the company has the right to decide.
The company shall have the right to accept the authorization of the client (paid by the client) and shall decide the following matters according to the specific circumstances:
(I) agree to purchase price for special payment terms;
(2) to move, store and insure the sold items;
(3) to solve the claim or claim lodged by the buyer according to the relevant provisions of the rules;
(4) taking other necessary measures to collect payments from the buyer in arrears.
Article 28: the auction item has not been concluded.
Such as items failed to clinch a deal, the client should inform the date of receipt of the company to receive a month to collect the items (packaging and handling fees ego), and pay to the company not clap a handling fee and other expenses. Exceed the time limit mentioned above, the company shall have the right to public auction or other forms according to the company that sold the right conditions to sell the items, and shall have the right to deduct the auction for the first time from the sale proceeds and the client shall pay not clap a handling fee and other fees and all costs to auction the items again, will be paid the balance the client.
Article 29: risk bearing.
Regardless of whether they are not taken or failed to clinch a deal on items, entrust deadline deal with its per capita than the rules failed to retrieve the items and what happened after the deadline of all the risks and costs on their own responsibility. Since the company to the client get the lots of notice (notice) within 30 days from the date of the client according to the rules or agreed by the parties for the sale (will be subject to first come), when not taken or failed to clinch a deal the sale of all the risks and costs shall be borne by the client. If the client within the time limit in the rules in our company to assist the return items and agreed by the company, the auction since he left the company after the designated place of all the risks and costs shall be borne by the client. The company shall not be obligated to insure the items of the auction after leaving the designated place of the company unless specifically specified and prepaid by the principal.
As client request the company to assist the other through a third party by mail, Courier or return the mode of transportation of the items, once the company to deliver the items delivery, express delivery, transport department, company or its employees/branches, is seen as the company has to return the items, at the same time shall be deemed to be the principal has to receive the items.
The third chapter is about the bidder and the buyer.
Article 30: auction catalogue.
In order to facilitate bidders and clients to participate in the auction activity held by our company, the company makes an auction catalogue and briefly states the status of the auction in the form of words and/or pictures. Lots of focus, text, reference price, pictures or other forms of video products and materials, only reference for bidders, and can be revised prior to the auction, doesn't mean the company to the authenticity of the auction, value, color, texture, with and without defects such as the guarantee.
Article 31: the uncertainty of the catalogue.
Due to technical reasons such as printing or photography items in the catalog and/or any other form of ICONS, audio-visual products and advertising materials in tone, color, level, form and the original error, the original shall prevail. The company and its staff or its agents to any items in any way (including certificates, huang, slide projector, news, etc.), in the introduction and assessment are reference opinions, does not constitute any guarantee of the auction. The company and its staff or their agents are not liable for inaccurate or omission in the introduction and evaluation.
Article 32 the bidder shall examine the liability.
The company is not responsible for the authenticity and/or quality of the auction items. The bidder and/or his agent have the responsibility to understand the actual conditions of the auction and bear legal liability for the act of bidding for an auction. The company strongly recommend, the bidder shall, prior to the auction to personally view proposed identification or other way for the sale for the original, judge for themselves whether the auction items with our company, focus, and other forms of video products and materials described, and should not be in accordance with focus, and the description of the image products and materials to make a decision.
Article 33: bidder registration.
If the bidder is a natural person, he shall fill in and sign the registration document with valid identification before the auction. Bidding for legal persons or other organizations, should be in before the auction with valid registration certificate, certificate of the legal representative or legal authorization to entrust formalities fill out and sign the register file, get the side plate, not as a formal bid.
Article 34: security deposit.
The bidder shall pay the deposit before the auction of the bid. The specific amount of the deposit shall be announced by the company before the auction. If the bidder fails to purchase the item within five working days after the auction ends, the buyer shall return the full amount without interest. If the bidder buys the auction item, he or she will pay part of the purchase price. If there is a balance, the bidder shall return the item at the time of collection.
Article 35 the option of the company.
The company has the right to refuse, as appropriate, any person to participate in the auction activity held by the company or to enter the auction site, or to take photos, video and other activities at the auction site.
Article 36 exception handling.
The company has the right to emergency treatment at the auction site. If any dispute arises at the auction site, the company shall have the right to coordinate the settlement.
Article 37: buyer identification.
Bidders must take good care of their bids and guard against loss. Bidders shall not lend their bidding CARDS to others for use. Otherwise, the bidder shall bear all legal liability for the action of the bidder for the auction of his bidding.
Article 38: bidding for bidding.
Normally, bidders should attend the auction in person. If unable to attend, the company may use written form to entrust the company for bidding. The company has the right to decide whether to accept the above commission.
Article 39: entrusted procedures.
Entrust the bidder bidding by the company shall, in accordance with the provisions of the time (not later than 24 hours before auction) entrust formalities, to the company shall issue a written entrustment bidding authorization, and shall, in accordance with these rules, the provisions of article 34 at the same time pay the deposit.
Article 40: cancel the commission.
If the bidder is required to cancel the authorization, the bidder shall notify the company in writing not later than 24 hours before the auction.
Article 41. Exemption from liability for bidding.
Due to entrust a bidding is the company for bidders in special circumstances can't personally to the scene to participate in bidding and provide a free service, the company and its staff to bidding failed or proxy bidding in the process of problem such as bidding on behalf of the negligence, fault or not does not undertake any responsibility.
Article 42 the principle of delegation is first.
If two or more bidders to entrust the company commissioned by the same price bidding for the same items, and bidding success, the first will accredit a power of attorney to the company's bidding for the items of the buyer.
Article 43: the decision of the auctioneer.
The auctioneer has the right to raise or lower the bidding ladder or reject any bid on behalf of the company. In the event of a dispute, the auctioneer has the right to re-auction the item.
Article 44: video display board and currency exchange display board.
For the convenience of bidders, the company may use image projection or other forms of display board in the auction, which is for reference only. The company shall not be liable for any loss caused by the amount of the display board, the number of the item, the picture of the auction, or the possible error of the foreign exchange amount.
Article 45 auction business.
The highest bid of the bidder shall be confirmed by the auctioneer's hammer or by other means of public indication that the buyer and the client have entered into a contract for the sale of the item.
Article 46 auction records.
At the time of the auction, the company makes an auction record, and the auction record is signed by the auctioneer and the recorder. In the event of an auction held by the company, the highest bid shall be confirmed by the auctioneer or by other means of public indication, and the buyer shall sign the confirmation of the transaction.
Article 47 remuneration and expenses.
The bidder becomes the buyer of the item after the successful bidder. The buyer shall pay the company the equivalent of 15 percent of the hammer price and shall pay the other expenses. The buyer acknowledges that the company may, in accordance with article 21 of this rule, collect commissions and other fees from the client.
Article 48 payment time.
Auction is completed, the buyer should the auction date, (including the closing date) within 7 days at a time to pay the purchase price and get the items (packaging and handling fees ego), otherwise it shall bear the liability for breach of contract.
Article 49: currency of payment.
All the price shall be paid in the company designated currency, such as the buyer in the company specified currency other than currency payment, shall be according to the buyer and the company currency conversion or in accordance with the provisions of the people's bank of China on a business day of the month before the buyer payment of RMB and the currency exchange rate conversion. All bank charges, commissions or other expenses incurred by the company in exchange for the currency of the currency in which the buyer has paid for the currency to be converted into RMB shall be borne by the buyer.
Article 50 ownership transfer.
After the buyer pays the purchase price in full, he can obtain the ownership of the item.
Article 51: risk transfer.
After the successful auction, the risk of the auction item shall be borne by the buyer in the event of any of the following circumstances (whichever occurs earlier) :
(1) the buyer receives the purchased item;
(2) the buyer pays all the purchase price of the auction item to the company;
(3) the closing date of the auction (including the date of sale) shall expire seven days.
Article 52: collection of items.
The buyer shall collect the purchased item at the designated place of the company within seven days from the date of the auction. If the buyer fail to get the items in this period of time and are caused by overdue for the items of handling, storing and expenses shall be borne by the buyer, and buyer shall bear the risk of damage to loss of the purchased items, even if the items are still kept by the company or other agents, the company and its staff or its agent for the items was damaged or lost due to any reasons, not take any responsibility.
Article 53 packaging and handling.
The company has the right to decide whether to accept the buyer's request and provide the service of packaging and processing. If the company staff at the request of the buyer on behalf of packaging and processing purchase items, the packaging and processing only shall be deemed to be the company to service provided by the buyer, so any risk and loss by the buyer. In any case, the company shall not be liable for any damage or loss of the frame or glass, capsule, floor mat, bracket, mounting, shaft or similar appendage for any reason.
As the buyer request to assist the company in its mail, Courier or mode of transportation for purchased items (packaging and delivery, transport costs shall be borne by the buyer), once the company to deliver the items delivery, express delivery, transport department, company or its employees/branches, is seen as the company has to deliver the items, at the same time shall be regarded as the buyer has according to normal procedure to receive the items, in the process of the risk borne by the buyer, unless the buyer specified and afford insurance, generally will not be in the process of mail, express delivery, transport insurance.
For the buyer designated and packaging company recommended by the buyer to the company or by mail, Courier, all caused by the transport department or company errors, omissions, damage or loss, the company is not liable.
Article 54: the sale of goods abroad.
According to the cultural relics of the People's Republic of China protects a law "and other laws and regulations, restricted items out of the territory of the People's Republic of China, the company will be in focus, these auctions or make this clear at the scene of the auction; The buyer shall, in accordance with the relevant provisions of the state, go through the formalities of exit according to the relevant provisions of the state.
Article 55 a remedy for failure to pay.
The company has the right to take one or more of the following measures if the buyer fails to pay the full amount of time as stipulated in article 48 of this rule:
(1) if the bidder fails to pay the purchase price in accordance with the specified time, the deposit will not be refunded. At the same time, it shall bear the corresponding responsibilities according to the rules;
(2) on the auction date (closing date) within 7 days, if the buyer still not full specified amount payment of the purchase price, the company has since sold at auction on the eighth day in the future the buyer did not charge interest on the part according to the daily interest three over ten thousand until the buyer to pay full payment, the date of the buyer unless otherwise deal with the company;
(3) to claim compensation for all losses caused by the company's breach of contract, including interest losses caused by delayed payment or refusal of payment;
(4) the pieces of the company is the same to the buyer the auction of lien or any other items, as well as by the company for any reason of any other property or property right of the buyer, all costs occurring during the lien and/or risk shall be borne by the buyer. If the buyer fails to fulfill all relevant obligations within the time specified by the company, the company shall have the right to dispose of the lien in accordance with the relevant laws and regulations of the People's Republic of China. The company shall have the right to seek further recourse if the insufficiency of the lien is insufficient to compensate the buyer for the full amount of the company.
(5) to revoke the transaction of the item or any other item sold to the same buyer in the same or any other auction, and to retain the right to recover the losses suffered by the transaction;
(vi) upon the consent of the principal, the company may, in accordance with this rule, auction or otherwise sell the item. The original buyer unless the buyer shall pay the first auction and the trustee shall pay for the fee/commission and other fees and bear the auction or sale of the items in any other way again all the fees, if any auction or that the proceeds from the sale of the items below in any other way of the original auction price, the original buyer shall pay for the balance.
Article 56: the remedies for the delayed collection of items.
If the buyer fails to obtain the item purchased in accordance with the time stipulated in article 48 of this regulation, the company shall have the right to take one or more of the following measures:
(I) store the item in our company or elsewhere, and all expenses and/or risks arising therefrom shall be borne by the buyer. After the buyer pays all the purchase price, the buyer can collect the item (packing and handling charge);
(2) the exercise of a lien over the items, if the buyer delay to receive the items, more than 30, the company has the right to according to specific situation in accordance with the provisions of Chinese laws and regulations of the dispose of the items, in order to dispose the counter this company paid the fee, insurance, handling fee, etc.
Chapter iv miscellaneous
Article 57 confidentiality.
The company had an obligation to keep secret for the trustee, the bidder and buyer, and in accordance with the laws of the People's Republic of China and the rules to maintain the trustee, bidders, buyer and the company's legitimate rights and interests are not violated.
Article 58: appraisal right.
If the company deems it necessary, the item can be identified. If the appraisal conclusion is not in conformity with the condition of the item specified in the auction contract, the company shall have the right to request the alteration or termination of the entrusted auction contract.
Article 59: copyright.
The company shall have the right to own the client entrust the company, any goods auction making pictures, graphic, focus, or other forms of video products, and shall have the right of the above photo, graphic, focus, copyright, or other form of audio-visual products shall have the right to its use in accordance with the law.
Article 60: exemption from liability.
As the agent of the principal, the company shall not be liable for any breach of contract by the client or the buyer. In the case of a trustee or a buyer default behavior, the company shall have the right to according to their own judgment decision disclosed to the trustee and buyer name and address of the other party, the damaged party was able to get damages by legal action. However, prior to the disclosure of such information to the client or buyer, the company will take reasonable steps to notify the party disclosing the information.
Article 61 notice.
The bidder and the entrusted person shall inform the company of their fixed and effective communications contact information and shall immediately notify the company in writing if any change occurs. Notice referred to in this rule refers only to written notice issued in the form of a letter or fax. If sent by post, once the company notifies the delivery department, it shall be deemed to have issued the notice and shall be deemed to have received the notice in the normal mail order. If the fax is sent by fax, the date of the notification will be received by fax.
Article 62: severability.
The rights and obligations of the parties involved in the auction activity organized by the company shall be determined in accordance with the provisions of these rules.
If any provision or part of the rules for any reason be determined to be invalid, illegal or not enforced, part or other provisions of these rules is still effective, interested parties must abide by and implement.
This rule is inconsistent with the current auction law and the relevant laws. If the provisions of this rule do not violate the prohibitions of the relevant laws, the provisions of these rules shall prevail. If there is a provision in the existing law, the provisions of the relevant laws shall apply. If the rules and relevant laws are not specified, it is applicable to international practices or domestic industry practices.
Article 63 dispute resolution.
Any dispute arising from participation in the auction of the company in accordance with this rule may be submitted to the Beijing arbitration commission for arbitration. The law of the People's Republic of China shall be the law of the People's Republic of China.
Article 64 use of words.
This rule is written in Chinese and the English text is for reference only. If there is any discrepancy between the Chinese version and the English version, the Chinese version shall prevail.
Article 65 execution time.
This rule shall come into12 as of October 28,2018.
Article 66: power of interpretation.
The right of interpretation of these rules belongs to the International Auction Company of Beijing.