This document is posted to help you gain knowledge. Please leave a comment to let me know what you think about it! Share it to your friends and learn new things together.
Chinese Painting & Calligraphy (1)9:30 June 20, 2015
Chinese Painting & Calligraphy (2)13:00 June 20, 2015
Chinese Painting & Calligraphy (3)Following the Previous Sale, June 20, 2015
Chinese Ceramics and Works of Art 17:00 June 20, 2015
From June 17 To One Day Before Each Sale
Stamps & Postal History 9:30 June 20, 2015
Paper Collectibles: To commemorate the 70th
anniversary of the victory of Anti-Fascist War
14:30 June 20, 2015
Chinese Banknotes9:30 June 21, 2015
Ancient Coins/ Gold & Silver Sycees/ Milled Coinage
Gold & Silver Coins of PRC
14:30 June 21, 2015
From June 18 To One Day Before Each Sale
15050231F-2-qf(书画一).indd 4-5 15-5-26 下午4:13
本图录封面为79号拍卖品
本图录封底为55号拍卖品
Front Cover Illustration is Lot 79
Back Cover Illustration is Lot 55
2015春季拍卖上海泓盛
IMPoRTANT NoTICE
In accordance with“Preservation Law of Cultural Relics of the People’s Republic of China”, export clearance will not be granded for lots marked with an asterisk “*” in this catalogue. All bidders are required to place a deposit of RMB 200,000 before paddle registration. In the event of a successful bid, the buyer’s premium payable by the buyer of each lot is 15% of the hammer price along with any additional fees (if applicable).
Before placing a bid with us, we kindly advise all buyers to examine the condition of your bidding lots. Shanghai Hosane Auctions Co., Ltd. holds no responsibility for guarantee the authenticity and the quality. This catalogue only provides information as an introduction of our auction lots. Buyers should fully understand the bidding lots before they have placed a winning bid. If you have questions or need additional information of the auction lots, please do not hesitate to contact us for further assistance.
YANG XIAN offICIAl SCrIptYU YUE SEvEN-CHArACtEr poEm IN offICIAl SCrIptCHEN YUNSHENG BAmBoo, trEE AND QUEEr StoNESHEN JINGXIU rUNNING SCrIptDENG QICHANG rEADING IN tHE mIDDlE AUtUmNZHANG XIoNG lANDSCApEYANG BorUN lANDSCApEframe(7), ink on paper
wU ZoNGtAI fISHErmANwU ZoNGtAI fISHErmANGAo YoNGZHI rUNNING SCrIptJIN JI orCHIDSQIAN HUI'AN, wANG QIAN pEoplE NEAr rIvErSoNG SHINIAN, SHU HAo BIrD oN pEACH BloSSomframe, ink and color on paper
RMB: 8,000-12,000
15050231-1g-p1-15.indd���10-11 15-5-26���上午10:57
18
17
18王雪涛(1903-1982) 斗鸡图镜片 设色纸本 1945年作
款识:乙酉浴佛日,拟陈新彰斗鸡图以应叔良仁兄正之。雪涛。
钤印:王雪涛(白文)
17×55cm 约0.8平尺
wANG XUEtAo CoCKfIGHtINGmounted, ink and color on paper
Wu Qingxia, Jiang hanting Zhen mukang, fan haoLinchu JianQiu, fang huQingZahng yanfu, Zhang xinJiahe tianJian, tang yunLandScape, figure, fLoWerS, Seven-character poem in running Script album of leaves, ink on paper
ZHENG MUkANG wANGXIZHI ANd GOOsEHanging scroll, ink and color on paper
RMB: 80,000-120,000
74
74刘旦宅(1931-2011) 修竹仕女图立轴 设色纸本 1986年作
款识:天寒翠袖薄,日暮倚修竹。丙寅新
秋,刘旦宅作於海上。
钤印:旦宅吉祥(朱文)、翠云楼(朱文)
96×59cm 约5.1平尺
lIU dANZHAI bEAUty UNdEr bAMbOOsHanging scroll, ink and color on paper
RMB: 400,000-600,000
15050231-1g-p52-59.indd 54-55 15-5-26 上午10:57
75 76
76金梦石(1869-1952) 群仙祝寿立轴 设色纸本 1949年作
款识:群仙祝寿。己丑春日,八十一叟金梦石画。
钤印:彭城金氏(朱文)、金石斋印(白文)
80×28cm 约2.0平尺
JIN MENGsHI bIrds ANd flOwErsHanging scroll, ink and color on paper
RMB: 6,000-8,000
75黄幻吾(1906-1985) 竹枝栖禽镜片 设色纸本 1975年作
款识:岭南黄罕幻吾,时年六十有九於上海。
钤印:广东新会县人(白文)
95×50cm 约4.3平尺
HUANG HUANwU bIrds ON bAMbOOsMounted; ink and color on paper
RMB: 60,000-80,000
77
78
77徐悲鸿(1895-1953) 春雀图立轴 设色纸本 1938年作
款识:卄七年,悲鸿。
钤印:东海王孙(白文)
32×51cm 约1.5平尺
XU bEIHONG spArrOws ON wIllOwHanging scroll, ink and color on paper
RMB: 50,000-80,000
78张大壮(1903-1980) 荷塘清趣立轴 设色纸本 1970年作
款识:一九七零年,张大壮。
钤印:大壮画印(朱文)、大壮(朱文)
68×43cm 约2.6平尺
ZHANG dAZHUANG fIsHEs UNdEr lOUtsHanging scroll, ink and color on paper
RMB: 12,000-15,000
15050231-1g-p52-59.indd 56-57 15-5-26 上午10:57
7979(出版物)
79江寒汀(1903-1963) 荷塘鸳鸯立轴 设色纸本
款识:耀章先生大雅教正,寒汀作於沪上。
钤印:寒汀(朱文)
著录:《海上花鸟四大家画集》。P12
107×47cm 约4.5平尺
JIANG HANtING MANdArIN dUCks ANd lOUtshanging scroll, ink and color on paper
RMB: 180,000-280,000
15050231-1g-p52-59.indd 58-59 15-5-26 上午10:58
80 80
81 82
80沙山春(1831-1906) 折枝花卉图手卷镜片 设色纸本 1905年作
款识:乙巳清明前二日,略仿南田老人群芳卷笔意。
七十五叟沙馥写於粟隐庵。
钤印:山春所作(朱文)
说明:沙馥(1831-1906)晚清画家,字山春号粟庵,别
署香泾外史,江苏苏州人。出身绘画世家,马仙
根弟子,工人物、仕女、花鸟,笔意纵意饶富韵
致。
34×260cm 约8.0平尺
Sha Shanchun flowerSmounted, ink and color on paper
RMB: 30,000-50,000
81倪墨耕(1855-1919) 花鸟轴立轴 设色纸本 1879年作
款识:己卯初夏日,邗上墨耕写。
钤印:宝田之印(白文)
107×20cm 约2.0平尺
ni mogeng bird on peonyhanging scroll, ink and color on paper
RMB: 8,000-10,000
82丁宝书(1866-1936) 秋庭雏鸡图镜片 设色纸本
款识:雏鸡勤觅食,倒菊啄青畦。不及蜘蛛巧,
篱边挂网斋。仿马之驭法,耘轩作於沪上
并题字。
钤印:无锡丁宝书(白文)、耘翁六十后作(朱
文)
137×68cm 约8.4平尺
ding baoShu chickenS under chrySanthemummounted, ink and color on paper
RMB: 10,000-20,000
80(局部)
80(局部)
15050231-1g-p60-93.indd 60-61 15-5-26 上午10:58
84
83
85
85(题签)85(局部)
84任伯年(1840-1895) 秋林牧趣图立轴 设色纸本
钤印:伯年(朱文)
题字:任伯年先生秋林牧趣图真迹。己巳夏
仲,应昌午先生鉴题。程十髮。
款识:丁亥,王伯敏读画於桐江并书。
钤印:程(白文)、十髮(朱文)、王伯敏
印(白文)
說明:此作得于嘱程十髮先生题字的昌午先
生之手,是作于任伯年先生谢世次年
购得。当时任伯年先生的学生在中百
公司七楼举办的遗作展,由于任夫人
当时经济上有困难,因此观者均解囊
购画。当时此作为城隍庙化妆店韩姓
老板购得,后转手於昌午先生祖父。
106×48cm 约4.6平尺
ren bonian water buffalo and cowboyhanging scroll, ink and color on paper
RMB: 70,000-80,000
85任伯年(1840-1896) 三马图双挖立轴 设色纸本 1885年作
签条: 清任颐三马图真迹。作於一八八五年,时四十六岁,一九六五年
重装。
钤印:李(朱文)、维洛(白文)
诗堂: 清任颐三马图真迹。此图伯年先生作於一八八五年,时四十六
岁。一九六五年重装。蓝塘书屋主人藏识。
钤印:李氏(朱文)、维洛(白文)
款识:光绪乙酉秋九月,山阴任颐伯年。
钤印:任伯年(白文)
说明: 李维洛,近代香港收藏家,室名蓝塘书屋。此作曾经其收藏。
诗堂:23×40cm 约0.8平尺
画心:30×40cm 约1.1平尺
ren bonian three horSeShanging scroll, ink and color on paper
RMB: 30,000-50,000
83胡 振(1884-1943) 白头情更好立轴 设色纸本 1936年作
款识:同到白头情更好,一双深睡海棠春。丙子闰三月中浣,
艾如先生乘龙之喜,汀鹭弟胡振写贺。
钤印:胡振(白文)、汀鹭(朱文)
115×42cm 约4.3平尺
hu zhen flower and birdhanging scroll, ink and color on paper
RMB: 8,000-12,000
15050231-1g-p60-93.indd 62-63 15-5-26 上午10:58
附图
86任伯年(1840-1896)赵叔孺(1874-1945)
花卉四屏条
屏条(4) (赵叔孺补1屏) 设色纸本 1868、1932年作
1.款识:亦舟三兄大人雅属,即请正是。戊辰春,任颐。
钤印:任颐长寿(白文)
2.钤印:任颐印(白文)
3.钤印:任颐印(白文)
4.款识:尔兄新获伯年小屏三,嘱余拟其意,补成之。时壬申端阳前三日,赵叔孺并识。
钤印:赵棡(朱文)
116×21cm(×4) 约2.2平尺(每幅)
ren bonian and zhao Shuru flowerS(three ScrollS are drew by ren bonian, the reSt iS drew by zhao Shuru)a set of hanging scrolls, ink and color on paper
This Conditions of Business (hereinafter referred to as the “Con-ditions”) are made in accordance with the Auction Law of People’s Republic of China, other relevant laws and regulations with refer-ence to international auction business practices.
Article 2 Definitions and Interpretation
The terms used in the provisions of these conditions shall have the following meanings:
(1) “Our Company/Auctioneer” means Shanghai Hosane Auction Co., Ltd..
(2) “Bidder” means such a natural person, legal person or any other organization as has gone through the registration at Our Company and necessary formalities and has full capacity for legal acts to bid at auction pursuant to Chinese laws. The Bidder shall satisfy the requirements and qualifications under Chinese Laws. In this Conditions, the Bidder shall include any of its agents unless otherwise provided herein or required in a particular context.
(3) “Buyer” means the Bidder who purchases a lot with the highest bid at the auction held by Our company.
(4) “Consignor” means such a natural person, legal person or any other organization as consigns item(s) or other entitlement(s) of which he has the legal right to dispose to us for auction in accor-dance with this Conditions. The Consignor shall include any of its agents unless otherwise provided herein or required in a particular context.
(5) “Lot” means any item(s) or other entitlement(s) consigned by the Consignor to Our Company for auction.
(6) “Auction Date” means the date, published by Our Company in a certain auction, on which the auction will formally begin. In the case of any discrepancy between the actual date of auction and the published date, the actual date of auction shall prevail.
(7) “Sale Date” means the date on which the auctioneer confirms the sale of any Lot by knocking the gavel or in any other manners of public confirmation in the auction held by Our Company.
(8) “Hammer Price” means the price at which the auctioneer knocks the gavel and sell the Lot to the Buyer.
(9) “Proceeds of Sale” means the net amount paid by Our Com-pany to the Consignor from the Hammer Prices after deducting pro rata commission, all expenses and other amounts payable to Our Company by the Consignor.
(10) “Purchase Price” means the total amount payable by the Buyer for its purchase of the Lot, including Hammer Price, com-mission and other expenses payable by the Buyer.
(11) “Expenses” means charges and expenses including but not limited to expenses with respect to Lot insurance, catalogue and other advertisement, package, transportation and storage and any other expenses collected pursuant to relevant laws, regulations and provisions hereof.
(12) “Reserve” means the lowest selling price of the Lot put for-ward by the Consignor and confirmed in writing after consultation with Our Company.
(13) “Reference Price” means the estimated price of the Lot provided in the catalogue or other descriptive materials. The reference price is for the reference only and has no legal binding effect.
Article 3 Scope of Application
Our Company organizes and hold auction within the scope permit-ted by Chinese laws, regulations and policies. The Consignor, the Bidder, the Buyer and any other concerned parties participating in the auction held by Our Company shall observe this Conditions.
Article 4 Special Notice
When the auctioneer confirms the Bidder’s highest bid by knock-ing the gavel or in any other manners of public confirmation of purchase in the auction held by Our Company, the purchase contract concerning the Lot between the Consignor and the Buyer shall legally come into effect immediately. The Bidder shall be-come the Buyer of the Lot. Any legal consequence accrued there-upon shall be born by the Consignor and the Buyer respectively.
This conditions constitutes the terms on which Our Company, as the Auctioneer, concludes contract with the Consignor and with the Buyer as well as the terms on which the Consignor and the Buyer conclude a purchase contract concerning the Lot. Therefore, the Consignor, the Bidder, the Buyer and other parties concerned participating in the auction held by Our Company shall read this Conditions carefully and conform to the provisions here-of. All parties shall be liable for their own acts in the auction held by Our Company and any loss or liability caused by failure to read this Conditions carefully.
Article 5 Guarantee for Flaws
Our Company shall undertake no guarantee for the authenticity and/or quality of the Lot. Our Company shall not bear the guaran-tee liability for any flaws of the Lot.
The Bidder and/or its agent shall bear the responsibility of carry-ing out inspection and investigations of the original Lot personally and shall be liable for its bid for a certain Lot.
Chapter II Conditions Mainly Concerning the Consignor
Article 6 Consignment Procedures
When arranging for consignment of item(s) or other entitlement(s) to Our Company for auction, the Consignor shall hold a valid iden-tity card or passport or other certificates approved by the Chinese government in the case of a natural person and sign a consign-ment contract with Our Company. A valid certificate of registration, ID of legal representative or other legal authorization documents is required in the case of a legal entity or other organization which shall sign a consignment contract with Our Company.
When the Consignor arranges for consignment of item(s) or other entitlement(s) to Our Company for auction, Our Company shall be automatically authorized to make pictures, illustrations, catalogue, or other video images of the item(s) or the entitlement(s). Our company shall have the copyright on all of such pictures, illustra-tions, catalogue and other video images.
Article 7 The Consignor’s Agent
When arranging for consignment of item(s) or other entitlements to Our Company for auction, the Consignor’s Agent shall submit to Our Company a relevant authorization letter. The Consignor’s Agent shall hold a valid identity card or passport or other cer-tificates approved by the Chinese government in the case of a natural person. A valid certificate of registration, ID of legal repre-sentative or other legal authorization documents is required in the case of a legal person or other organization.
Our Company shall be entitled to examine the above arrangement in any manner Our Company considers reasonable.
Article 8 The Consignor’s Warranties
The Consignor hereby makes irrevocable warranties as follows to Our Company and the Buyer with respect to the Lot consigned to Our Company for auction:
(1) The Consignor has exclusive and absolute ownership and legal right to dispose of the Lot. The auction of the Lot shall not infringe any legal rights or interests (including copyright) of any third party, and shall not violate any relevant law and regulation;
(2) The Consignor has, to the best of its knowledge, made a full, complete and truthful disclosure and description to Our Company with respect to the origin and any flaw or defect of the Lot without any concealment and fabrication; and
(3) If the violation of the abovementioned warranties causes the actual owner of the Lot or any third party claiming to have right to bring any claim or lawsuit and causes Our Company and/or the Buyer to suffer losses, the Seller shall compensate for all losses suffered by Our Company and/or the Buyer as well as all expens-es and costs incurred (lawyer’s fee included).
Article 9 Reserve
All Lots are offered subject to a Reserve, unless otherwise agreed by the Consignor and Our Company. The Reserve shall be de-termined by the Consignor and Our Company in writing through consultation. In no circumstances, shall Our Company bear any liability for the unsold of the Lot.
Article 10 Our Discretion
Our Company is entitled to decide the followings at our absolute discretion:
(1) Explanation and appraisal of any Lot through the catalogue of Lot and/or news media and/or in other ways;
(2) The arrangement of the order, location, page size of illustration of the Lot in catalogue and relevant expenses incurred therefore; and the specific means of exhibition/display of the Lot and all rele-vant arrangement and expenses incurred therefore.
(3) Unless otherwise agreed by the Consignor and Our Company, Our Company shall at our own discretion decide on whether the Lot is appropriate to be auctioned by Our Company as well as the place of auction, the date of auction, the conditions of auction and the way of auction.
Article 11 Lot Not Auctioned
After the Consignor has signed the consignment contract with Our Company and delivered the Lot to Our Company, if for any reason Our Company believes that the Lot is not suitable for auction by Our Company, the Consignor shall collect the Lot within 30 days from the date of Our Company’s notice being received (fees for the packaging and transportation shall be paid by the Consignor), the consignment contract between the Consignor and Our Com-pany will terminate on the date the Consignor collects the Lot.
In the case that the Consignor fails to collect the Lot within the aforesaid period, Article 31 shall apply.
Article 12 Suspension of Auction
Our Company is entitled to suspend any auction at any time under any one of the following situations and to request the Consignor to bear corresponding legal responsibilities:
(1) Our Company has an objection to the ownership or authenticity of the Lot;
(2) any third party has an objection to the ownership or authenticity of the Lot with undertakings to provide relevant evidence with
shall be handled in accordance with the contract between Our Company and the insurance company and Chinese laws and reg-ulations regarding insurance. Our Company shall pay insurance indemnities after deducting all expenses incurred by Our Compa-ny to the Consignor after Our Company obtains such indemnities from insurance company. In no circumstance shall Our Company be responsible for any repair or damages occurred before the delivery of the Lot from the Consignor to Our Company.
Article 20 Non-Bidding
The Consignor shall not bid for the Lot consigned to Our Compa-ny by itself, nor authorize any other person to bid on its behalf. The Consignor shall be liable for and indemnify Our Company for any losses and damages caused by violation of this provision.
Article 21 Commission and Expenses
Unless otherwise agreed upon by the Consignor and Our Com-pany, the Consignor shall authorize Our Company to deduct 10% of the Hammer Price as commission and to deduct any other Expenses from the Hammer Price.
Article 22 Service Fee for Unsold Lot
In the case that the Lot fails to be sold because the bidding price is lower than the Reserve, Our Company will charge the Con-signor a service fee of unsuccessful auction equal to 3% of the Reserve and other expenses payable by the Consignor, including but not limited to insurance premium, advertising fee, catalog fee and storage fee.
Article 23 Payment Proceeds of Sale
In the case that the Buyer makes full payment to Our Company in accordance with provisions in Article 45 hereof, Our Company shall pay the Proceeds of Sale to the Consignor in RMB currency after 35 days from the Sale Date.
Article 24 Overdue Payment
If full payment by the Buyer is not received by the expiration of the payment period under ARTICLE 45 thereof, the Buyer shall bear all legal responsibilities caused by such overdue payment. Our Company will pay the Sales Proceeds to the Consignor within seven (7) working days (meanwhile such payment shall be made after 35 days from the Sale Date as well) after receiving the full payment from the Buyer.
Article 25 cancellation
In the event that the Buyer not making full payment to Our Company within 30 days from the Sale Date, the Consignor is authorized to cancel the transaction by giving Our Company a notice in writing and subject to prior approval from Our Company. A cancellation notice is to be dispatched to the Buyer within 7 working days after such decision regarding the approval of the cancellation is made by Our Company. In the event that the Buyer makes full payment and/or finish collect procedure before the ser-vice of the cancellation notice of the Consignor to the Company, such notice shall be deemed to be terminated automatically, and the transaction is to be carried out in accordance with Article 24 and the Consignor shall cooperate with Our Company and under no circumstance to raise any objection. In the event that the Consignor cancel the transaction, the Consignor must collect the Lot within 30 days from the date of Our Company’s notice being received (fees for the packaging and transportation shall be paid by the Consignor). In the event that the Consignor fails to collect the Lot within the aforesaid period, Article 31 shall apply.
Article 26 Taxes
The Consignor shall be solely responsible for paying any tax im-posed on its Sale Proceeds in accordance with the relevant law. Our Company is entitled to withhold the tax from Sale Proceeds directly in accordance with the relevant tax laws enacted by the national and local government.
Article 27 Assistance in Collecting Deferred Payments
In the event the Buyer fails to make full payment to Our Company within seven days of the Sale Date, Our Company is entitled to recover the remuneration and other Expenses payable by the Buyer in accordance with Article 52 hereof and to take necessary measures to assist the Consignor in collecting overdue payments where it is considered by Our Company to be practicable. How-ever, Our Company shall have no obligation to sue the Buyer on behalf of the Consignor in any circumstances.
Article 28 Our Company’s Discretion
Our Company may determine the following matters, as the case maybe, upon authorization of the Consignor (at the Consignor’s expense):
(1) to agree special terms on how to make the payment of Pur-chase Price;
(2) to settle claims brought by the Buyer or the Consignor in ac-cordance with relevant terms and conditions hereof;
(3) to take other necessary steps to collect the overdue payment owed by the Buyer to the Consignor.
Article 29 Unsold Lot
In the event that the Lot is not sold, the Consignor shall take back the Lot within 30 days after receipt of Our Company’s notice (packing and transportation at the Consignor’s own expense) and pay Our Company the fees for unsuccessful auction and all other Expenses. The consignment contract between the Consignor and
Our Company shall be terminated upon the collection of the Lot by the Consignor. If the Consignor fails to collect the Lot within the aforesaid period, the consignment contract shall be terminated upon the expiration of the aforesaid period and other things shall be handled in accordance with Article 31.
Article 30 Risks and losses
In the event that the Consignor fails to take back the Lot within the abovementioned period, the Consignor shall take liability for all risk and /or losses that occurs after the expiration of such period. In the case that the Consignor requires Our Company to assist in returning the Lot, the Consignor shall be liable for all risks and/or all losses and bear all the expenses. Generally, Our Company is not responsible for the arrangement of transportation insurance unless the Consignor specifically instructs Our Company to do so and bears the insurance premium.
Article 31 Recaption of Lots
For the reason that the Lot is not auctioned(Article 11), or the Consignor withdraws the Lot(Article 13), or the Consignor cancels the transaction(Article 25), or the Lot is unsold(Article 29) and so on, the Consignor shall take back the Lot within 30 days after receipt of Our Company’s notice.
If the Consignor fails to take back the Lot within the aforesaid pe-riod, Our Company shall be entitled to store the Lot in Our Com-pany or other places and any expense and/or risk arising from this shall be borne by the Consignor.
Before the full payment is made by the Consignor, Our Company shall be entitled to set up a lien on the Lot. In the event that the Consignor delays the reception of the Lot more than 30 days, Our Company shall be entitled to resell the Lot by auction or in other ways under the conditions Our Company considers appropriate depending on the concrete situations. Our Company will pay to the Consignor the remaining amount (if any) after deducting fees owed by the Consignor and fees for the dispose of the Lot, including but not limited to the service fee, storage fee, insurance fee, carriage fee and notary fee, from the Proceeds of Sale. The remaining amount shall be taken back by the Consignor himself.
Chapter III Conditions Mainly Concerning the Bidder and the Buy-er
Article 32 Catalogue of Lot
Our Company will prepare a catalogue to introduce the status of the Lot with words and/or pictures for the convenience of Bidders and Consignors. The words, Reference Price, pictures of the catalogue and other images and advertisements are only reference for Bidders and are subject to revision by Our Company before auction. Our Company provides no guarantee for the au-thenticity, value, tone, quality and flaw or defect of any Lot.
Article 33 Catalogue and Illustration
In case that the tone, color, graduation and shape of the Lot shown in catalogue and/or any other illustrations, images and advertisements differ from those of the original of the Lot due to print, photograph and other technical reasons, the original shall apply.
Any statement and appraisal in any ways (including but not limited to the certificate, catalogue, slide show, news media, website) of any Lot made by Our Company and Our Company’s employees or their agents are only for reference and shall not be relied on as any guarantee for the Lot. Our Company and Our Company’s employees or their agents shall undertake no liability for any in-accuracy or omission in the statements and appraisal mentioned above.
Article 34 The Bidder’s Responsibility
Our Company holds no responsibility for the guarantee for the flaws with regard to the authenticity and/or quality of a Lot. The Bidder shall personally inspect and investigate the original Lot which it intends to bid for before the Auction Date. The Bidder shall judge the Lot, by itself, whether the Lot conforms to the descriptions, rather than relaying on the catalogue, other images, and advertisements of the Lot issued to make the decision.
Article 35 Registration of Bidders
In the case of a natural person, The Bidder shall fill and sign the registration documents before the Auction Date with a valid identi-ty card, or passport or other certificates approved by the People’s Republic of China. In the case of a legal entity or other organi-zation, The Bidder shall fill and sign the registration documents before the Auction Date with a valid certificate of registration, ID of legal representative or other legal authorization certificates and collect a paddle affixed with number.
The paddle affixed with number is the only evidence of the Bid-der’s participation in bid. Each Bidder shall take good care of his or her paddle affixed with number and shall not lend it to any third party. In case of losing such paddle, the Bidder shall report the losing in writing pursuant to the procedure agreed by Our Compa-ny.
All bid offered by the person holding the paddle is deemed to be offered by the registered owner of the paddle, whatever he or she is entrusted by the Bidder or not. The Bidder shall be liable for us-ing his or her paddle bid in the auction process, unless the Bidder goes through the procedure for report of losing in the form of writ-ing agreed by our Company and such paddle affixed number has been cancelled by the auctioneer’s announcement in the auction process.
Article 36 Deposit
The Bidder shall pay a deposit to Our Company to participate the auction held y Our Company before receiving the paddle affixed with number. The amount of deposit will be announced by Our Company before the Auction Date. Our Company will refund all the deposit mentioned above with no interest to the Bidder within five working days after the auction in case the Bidder fails to ac-quire any Lot in auction. In the event that the Bidder acquires any Lot at auction, the deposit will be taken as part of Purchase Price payable by the Buyer and the balance (if any) will be refunded with no interest at the collection of the Lot by the Bidder.
Article 37 Our Company’s Option
Our Company is entitled, at its own discretion, to forbid any one from participating in the auction held by Our Company, taking a picture, making sound recording or making a video recording during the auction.
Article 38 Handling of Abnormal Events
In case of any abnormal events occurs at the auction, Our Com-pany may take necessary actions. In case of any dispute occurs at the site of auction, Our Company has rights to settle such dis-pute by mediation.
Article 39 Bidding as Principal
Any person who bids shall be deemed as principal, unless the Bidder submits to Our Company a written certificate stating that it is the agent of a certain Bidder (principal). The said certificate shall be subject to Our Company’s written approval before the Auction Date.
Article 40 Auctioneer’s Discretion
The auctioneer is entitled to increase or decrease the bidding ladder on behalf of Our Company, refuse any bidding, or restart auction in case any dispute arises.
Article 41 Screen of Video Images and Foreign Exchange
At the auction, there will be a video screen or other screens in operation used by Our Company for the convenience of Bidders. the contents illustrated are only for reference. However, there are maybe errors in amounts, numbers or pictures of the Lot, or foreign exchange rate on the screen. Our Company shall not be liable for any losses and damages caused by such errors.
Article 42 Successful Bid
When the highest bidding is confirmed by the auctioneer’s knock-ing the gavel or in other manners of public confirmation, the Bidder with the highest bidding succeeds in the bid and the sale contract of the Lot between the Buyer and the Consignor is con-cluded.
Article 43 Auction Record
Our Company will prepare a written record of the auction signed by the auctioneer and the recorder. In case of conclusion of auc-tion, the buyer shall also sign the record.
At the auction held by Our Company, the Buyer shall sign the written confirmation after the highest bid is confirmed by the Auctioneer via knocking the gavel or in other manners of public confirmation.
Article 44 Remuneration and Expenses
The Bidder will become the Buyer of the Lot after succeeding in bidding and shall pay Our Company remuneration equal to 15% of the Hammer Price; meanwhile, the Seller shall pay Our Company other Expenses as well.
Article 45 Payment
The Buyer shall make full payments in a lump sum and collect the Lot (package and transportation at the Buyer’s expense) within seven days after the Sale Date; otherwise, the Buyer shall be liable for breach of contract.
Article 46 Currency
All payments shall be made in the currency, Chinese RMB, as designated by Our Company. In the event that the Buyer wishes to make payment in a currency other than Chinese RMB, the buy-er shall inform Our Company’s finance department in advance, and the currency shall be converted by our Financial Department at the rate announced by the bank of deposit. The Buyer shall reimburse Our Company for any bank charges, commission, and other expenses incurred while converting a foreign currency into Chinese RMB.
Article 47 Transfer of Ownership
The Buyer could collect and acquire ownership of the Lot only after having paid full Purchase Price.
Article 48 Transfer of Risks
After a successful bid, any Lot purchased shall be entirely at Buy-er’s risk upon the occurrence of any of the following conditions:
(1) The Buyer collects the Lot purchased; or
(2) The expiry of seven days after Sale Date.
Article 49 Collection of the Lot
The Buyer shall collect the purchased Lot at our company’s domi-
cile or other place appointed by Our Company within seven days after the Sale Date. In case of failure to do so, the Buyer shall be solely responsible for all risks and losses of the Lot and bear all expenses for transportation, storage and insurance in connection therewith due to delay. Nevertheless the Lot is still preserved by Our Company or any other agents, Our Company and Our Com-pany’s employees or their agents shall not be liable for any losses and damages of the Lot caused by any reason.
Article 50 Package and Transportation
Our Company is entitled, at its own discretion, to decide whether to accept the Buyer’s request of providing packaging and handling service for the purchased Lot. The Buyer shall be liable for any loss arising thereupon. In no circumstances shall Our Company take any liability for any damages or losses of glass, frames, drawer, bottom mat, trestle, mounting, insert pages, roller or other similar accessories arising out of any reason. In addition, Our Company shall undertake no liability for any mistake, omissions, damages and losses caused by the packers or carriers Our Com-pany recommended.
Article 51 Export of the Lot
Our Company will make explanation in the catalogue or at the auction for the Lot prohibited to be exported pursuant to the Pro-tection Law of Cultural Relic of the People’s Republic of China and other relevant laws and regulations.
Pursuant to the Protection Law of Cultural Relic of the People’s Republic of China and other relevant laws and regulations, the Buyer shall be responsible for applying for export license in accor-dance with Chinese laws for the Lot permitted to be exported.
Article 52 Remedies for Non-payment
In the case that the Buyer fails to make full payment within the pe-riod provided in Article 45 hereof, Our Company shall be entitled to exercise one or more of the following remedies, and the Buyer shall compensate the expesnes and costs ( including lawyer’s fee ) incurred :
(1) In the event that the Buyer fails to make full payment of the Purchase Price within the stipulated period after acquiring the Lot, the deposit shall not be refunded to the Buyer and the Buyer shall undertake all liabilities in accordance with this Conditions. If the Buyer acquires several Lots with the same paddle affixed with number, all of the deposit shall not be refunded in the event of the failure to pay any one of the Purchase Price of the Lot in accor-dance with the stipulated time limit. In the event that the deposit is insufficient to cover all losses suffered by Our Company, the Buyer shall make further compensation for the balance between the deposit and the actual losses suffered by our Company ;
(2) If the Buyer fails to pay Our Company the Purchase Price in full pursuant to Article 45 of these Conditions, Our Company shall have the right to provide all or part of the data or information about the Buyer to any third party in cooperation with Our Company for purposes of entrusting such third party to collect all or part of the default payment from the Buyer;
(3) In the event that the Buyer fails to make the full payment of the Purchase Price within seven days after the Sale day, Our Compa-ny shall be entitled to charge the Buyer an interest at a rate of 0.1% per day on the outstanding amount from the eighth day after the Sale Date until the date upon which such payment is made in full, unless otherwise agreed upon by the Buyer and our Company.
(4) To commence lawsuit proceedings against the Buyer for all losses and damages caused by the Buyer’s breach of contract, including but not limited to the losses of interest caused by the overdue payment or the refusal to pay by the Buyer.
(5) To exercise a lien both on the Lot or any other Lots purchased by the same Buyer at the auction held by Our Company and on any properties or property rights of the Buyer possessed by Our Company due to any reason. The Buyer is responsible for all expenses or risks occurred during the period of lien. In case the Buyer fails to perform all relevant obligations hereunder within the period designated by Our Company, Our Company shall have the right to dispose of the retain items in accordance with Article 53(2). In case the proceeds cannot cover all payables by the Buyer to Our Company, Our Company is entitled to claim for the balance;
(6) In the event that the Buyer fails to make the full payment to Our Company within 35 days from the Sale Date, Our Company is entitled to cancel or approve the Consignor to cancel the sale of the Lot and/or other Lots sold to the same Buyer at this auction or any other auctions and reserve the right to claim for any losses caused by such cancellation.
(7) To carry out a re-sale of the Lot by public auction or other ways subject to the consent of the Consignor. The former Buyer shall be liable to the remuneration/commission and other Expens-es which shall be paid by the Buyer and the Consignor at the first auction as well as all Expenses for re-sale of the Lot by public auctions or other ways. In addition, if the Purchase Price actually received by the Consignor by re-sale through public auctions or other ways of such Lot is lower than the former Purchase Price, the former Buyer shall also make up the difference.
Article 53 Remedies for Deferred Collection
In case the Buyer fails to collect the purchased Lot within the peri-od provided in Article 45 hereof, Our Company shall be entitled to exercise one or more of the following remedies:
(1) To arrange storage of the Lot at Our Company or any other places at Buyer’s risk and expense. The Buyer shall not collect the Lot unless the full Purchase Price is paid (package and trans-
portation at the Buyer’s expense);
(2) To exercise a lien on the purchased Lot. In the event that the Buyer fails to collect the Lot for 30 days, Our Company is entitled to, as the case maybe, resell the Lot by public auction or in other ways under the conditions Our Company considers appropriate and Our Company will pay to the Buyer the remaining amount (if any) after deducting the storage fee, insurance fee, transportation fee, notary fee as well as all expense arising from the disposal of the Lot by Our Company
Chapter IV Miscellaneous
Article 54 Confidentiality
Our Company shall be obligated to keep the confidentiality of any information provided to Our Company in accordance with the relevant laws and regulations of the People’s Republic of China and this conditions.
Article 55 Identification
If necessary, Our Company may authenticate the Lot at Our Com-pany’s own discretion. All expenses with respect to the authentica-tion shall be borne by the Consignor. In case of any discrepancy between the conclusion of the authentication and the conditions of the Lot stated in the consignment contract, Our Company shall be entitled to modify or rescind the consignment contract without bearing any responsibilities.
Article 56 Copyright
Our Company shall be entitled to take photographs, make illus-trations, catalogue or other images relating to the Lot consigned to Our Company for auction and shall have the copyright for such photographs, illustrations, catalogue or other images mentioned above.
Article 57 Exemption
Our Company shall undertake no liability for any breach of con-tract committed by the Buyer or the Consignor.
Article 58 Notice in Written
Both the Bidder and Consignor shall notify Our Company of their valid and regular contacting address. If there is any change, Our Company shall be notified in writing immediately. All notices referred in this Conditions shall be in writing and shall be delivered by post or transmitted by fax. A notice sent by post shall be deemed to have been sent on the date when Our Company gives it to post office and shall be deemed to be re-ceived by the addressee via normal mail service. A notice sent by fax, shall be deemed to be received on the date when it is faxed.
Article 59 Severability
If any provision or part of this Conditions is found to be invalid, unlawful or unenforceable by a competent agency of Chinese government, the other provision or part of this Conditions shall re-main effective and shall be observed and performed by the parties concerned.
Article 60 Settlement of Disputes
If any dispute arises from the participation in the auction held by Our Company pursuant to this Condition, all parties concerned shall submit such dispute to Shanghai Arbitration Commission for arbitration which shall be conducted in accordance with the Com-mission’s arbitration rules. The arbitral award is final and binding upon both parties.
Article 61 Language
This Conditions is written in Chinese. The English version is only for reference and does not have legal effectiveness. In case of any discrepancy between the Chinese version and the English version, the Chinese version shall prevail
Article 62 Copyright of these Conditions
Our Company has the copyright of this Conditions.
Article 63 Singular and Plural
In the provisions of this Conditions, the singular includes the plural and vice versa where the context requires.
Article 64 Right to alternation
In case of any amendment to this Conditions, Our Company has the right to publish the amended version in any way Our Company considers appropriate. Our Company will not inform each individual who has read the former versions of this Conditions.
Article 65 Date of Effectiveness
This Conditions takes effect on June 20, 2007.
Article 66 Contact Information
If your rights have been infringed due to any violation of the Auc-tion Law occurred at the auction, you can report the complaint to Commercial and Administrative Authorities of Shanghai.
Article 67 Right to Interpret
Within the permission by laws, Our Company has the right to in-terpret this Conditions at our own discretion.
respect to the basis of the objection, make the payment of secu-rity pursuant to our Company’s provisions and is willing to take all legal responsibilities for all legal repercussions and losses caused by the suspension of the auction;
(3) Our Company has an objection to the explanation of the Con-signor or the accuracy of the Consignor’s warranty provided in Article 8;
(4) Any evidence proves the Consignor has already violated or is to violate any term of this Conditions; and
(5) Any other reasonable causes.
Article 13 Withdrawal of Lots by Consignor
The Consignor may withdraw the Lot at any time prior to the Auction Date subject to Our Company’s consent and a written notice stating the reasons. In the case that the catalogue or any other advertisements listing the Lot have begun to print upon the Consignor’s withdrawal, the Consignor shall pay an amount equal to 20% of the Reserve of the Lot (if no Reserve, the agreed insurance amount shall be applicable) and other Expenses in connection therewith. In the case that the catalogue or other advertisement has not been printed, the Consignor shall pay an amount equal to 10% of the Reserve of the Lot (if no Reserve, the agreed insurance amount shall be applicable) and other related Expenses. No dispute or claim arising out of the Consignor’s with-drawal shall be born by auctioneer. Such dispute and claim shall be borne by the Consignor.
If the Consignor withdraws the Lot, the Consignor shall take back the Lot within 30 days from the date of Our Company’s notice being received (fees for the packaging and transportation shall be paid by the Consignor). In the case that the Consignor fails to take back the Lot within the aforesaid period, Article 31 shall apply.
Article 14 Insured Automatically
Unless otherwise instructed by the Consignor in writing, all the Lots will be automatically covered under the insurance of Our Company as soon as the Consignor signs the consignment con-tract with Our Company and delivers the Lot to Our Company. The insurance premium shall be borne by the Consignor. The insurance amount shall be based on the Reserve agreed by the Consignor and Our Company in the consignment contract (if no Reserve, the agreed insurance amount shall be applicable; if the Reserve is adjusted, it shall be the original Reserve). The insurance amount is only applicable to insurance and claim for compensation, and is not Our Company’s warranty or security for the value of the Lot and does not mean that the Lot can be sold for an amount equal to the insurance amount through the auction held by Our Company.
Article 15 Insurance Premium
Unless otherwise agreed by the Consignor and us, the Consignor shall pay the insurance premium equal to 1% of the Hammer Price of the Lot after the Lot is sold. In the case that the Lot fails to be sold, the insurance fee payable by the Consignor shall be 1% of the Reserve (if no Reserve, the agreed insurance amount shall be applicable).
Article 16 Insurance Period
In the case that the Lot is sold, the insurance period shall termi-nate on the earlier of expiry of seven days after Sale Date and the date when the Buyer collects the Lot. In the case that the Lot fails to be sold, the insurance period shall terminate upon the expiry of seven days after the Consignor has received Our Company’s notice to take back the Lot.
Article 17 Insurance by Consignor
In the event that the Consignor notifies Our Company not to ar-range insurance for the Lot in writing, it shall undertake to bear all the risks and the following liabilities (unless otherwise judged by court or arbitration commission):
(1) To indemnify Our Company from and against any claims or actions incurred or brought by any third party with respect to the losses or damages of the Lot;
(2) To hold Our Company and/or any other parties from and against any losses and expenses in relation to the damages and/or losses of the Lot caused by any reason; and
(3) To notify the terms of indemnity hereunder to any insurer of the Lot.
Article 18 Uninsured
Our Company will not be liable for the damages or losses of the Lot caused by the Consignor, the Bidder, the Buyer, natural wear, inherent flaws, inherent or potential defects, inherent material changes, self-combustion, self-warming, oxidation, rust, leakage, rat-bite, woodworm, changes in atmosphere (climate or tempera-ture), changes in humidity or temperature, normal changes in water level, or other reasons of natural changes and caused by earthquake, tsunami, war, actions similar to war, hostile actions, armed conflicts, terrorism, rebellion, coup, strike, riots, or nuclear fission, nuclear fusion, nuclear weapon, unclear material, nuclear radiation, or radioactive pollution. Our Company will also not take responsibility for any damages to or any losses of frames, glass, drawer, bottom mat, trestle, mounting, insert pages, roller or other similar accessories caused by any reason.
Article 19 Insurance Indemnity and Repair
Any damages or losses of the Lot caused by incidents or disas-ters covered by insurance Our Company purchased for the Lot
Please check what you flll in and make sure that they are correct:Consignor’s Name _______________________________________ ID/Passport No._________________________________________ Address________________________________________________ City____________ State ____________ Zip Code_____________Telephone/Home_____________ Business___________________ Phone______________________ Date______________________Fax_________________ Email____________________________
Agent’s Name _________________________________________ ID/Passport No._________________________________________ Address_______________________________________________ City____________ State ____________ Zip Code_____________Telephone/Home_____________ Business___________________ Phone______________________ Date______________________Fax_________________ Email___________________________
Title Description
RMB
RMB
RMB
RMB
RMB
RMB
RMB
RMB
RMB
Lot Number
Please bid on my behalf at the above sale for the following Lot(s) up to the price(s) mentioned below. 1.Shanghai Hosane Auctions Co., Ltd. assumes no liability for the au-thenticity and/or quality or flaws of any lot.2. If any bid is successful, I agree to pay a buyer’s premium on the ham-mer price at the rate of 15% and other expenses within 7 days after the sale. The package and delivery expenses are on me. 3. To secure the bidding, this form has to be delivered to the company 24 hours before the sale date. 4. I have read the Conditions of Business and notices printed in the sale catalogue and agree to be bound by them.
Consignor Signed ____________________________
Agent Signed ____________________________
Please check your bids carefully before sent. We do not take responsibility for any written error. If there are two or more identical highest bids, the priority will go to the earliest Absentee Bid Form we received.
Bid Price(disclusive of buyer’s premium)
PLEASE MAIL OR FAX TOShanghai Hosane Auction Co., Ltd5F, No.763 Meng Zi Road, Shanghai, ChinaTel: +86-21-23286888Fax: +86-21-53060053
Hosane’s Bank Account Account Name: Shanghai Hosane Auction Co., LTD.Account No.: 03389800040009551 Bank of Account: AGRICULTURAL BANK OF CHINA, SHANGHAI XUHUI SUB-BRANCH
Account Name: Shanghai Hosane Auction Co., LTD.Account No.: 121908653610701Bank of Account: CHINA MERCHANTS BANK, SHANGHAI XUJI AHUI SUB-BRANCH