CONDITIONS OF BUSINESS
General Provisions
Article 1
As the agent of the Buyer and the Seller, Yu Jen International Art & Antique
Co., LTD. (herein after refer as ?Our Company?) will provide services for both
parties, and shall not be responsible for any default caused by either the Buyer or
the Seller.
Article 2
The conditions set herein shall apply to both the Buyer and the Seller. Buyer and
Seller must read carefully the following detailed conditions and be responsible
for their actions while carrying out these conditions.
Article 3
Any objection to the ownership or authenticity of a lot must be raised before the
auction starts accompanied by relevant legal documents. No late objection will
be accepted.
Article 4
All disputes arising from or in connection with these Conditions shall be settled
according to the relevant laws of the Republic of China.
The Main Stipulations for the Buyer
Article 5
All bidders should register at the auction venue in person and obtain the paddle
for entry. Bidders must provide true and accurate personal information and agree
that Our Company may perform necessary credit checks with the bank.
Article 6
Bidders who wish to entrust our company to bid on their behalf must sign the
registration form 24 hours before the auction starts, and pay the deposit. Once
the lot is successfully bought, The Buyer shall pay the rest of the payment within
ten (10) days after the auction.
Article 7
During the auction the bidder may not withdraw any bids he/she made. The
highest bidder as determined by the auctioneer is the buyer.
Article 8
Our Company reserves the right to refuse any person entering or participating in
the auction without giving any reason.
Lots and Catalogue Illustrations
Article 9
The Buyer should examine carefully the auction lot they intend to buy, prior to
the date of the auction, and should be solely legally responsible for their bids
made to buy certain piece of lot. Our Company does not provide guarantee the
correctness on the description of the lot or any accompanying documents.
Article 10
Condition reports may be available to help you evaluate the condition of a lot.
Condition reports are provided for guidance only. They may not include all
faults, inherent defects.
Article 11
Our Company has the right to hold exhibitions, auctions and make
announcements, catalogues and other forms of publications to introduce the
auctions lots.
Article 12
Any representation or statement given by Our Company in the catalogue or in
other forms as to the authorship, origin, age, size, medium, mount, attribution,
authenticity, provenance, condition and estimated price is just for the information
and reference of the buyer only. Our Company shall not be held responsible for
errors.
Article 13
Any reference to condition in a catalogue entry or in a condition report will not
amount to a full description of condition, and images may not show a lot clearly.
Colors and shades may look different in print or on screen to how they look
on physical inspection. Our Company shall not be held responsible for these
differences.
Article 14
Our Company owns the intellectual property rights (including but not limited
to copyright or patent) of all images, illustrations and written material produced
by or for The Company relating to a lot. They can not be used without obtaining
prior written permission from Our Company.
Deposits
Article 15
All buyers bidding in person, via telephone, written or online bids, must
complete the registration at least one day before the auction date and put down a
deposit of TWD 200,000 (if paying by check please allow at least three days for check to clear.)
Article 16
Yu Jen Imperial Seal Card holders do not need to pay the deposit.
Article 17
The deposit will be used towards the payment of lots purchased, or refunded in
full within 7 working days if no lots are purchased. The deposit will be forfeited
if the buyer refuses to pay for the lots purchased within payment period.
Buyer?s Premium
Article 18
Once the Buyer successfully bid the auction lot, the final Purchase Price that
the Buyer shall pay in full are the sum of hammer price and buyer?s premium
to Our Company. The buyer?s premium is charged as follows: For the portion
of hammer price under TWD 10 million, buyer?s premium will be 23%; for the
portion over (and including) TWD 10 million, buyer?s premium will be 20%; for
the portion over (and including) TWD 20 million, buyer?s premium will be 17%.
Payment and Collection of Lots
Article 19
Once the Buyer has successfully bid the auction lot, the Buyer may collect the
lot once the aforementioned Purchase Price (include hammer price and buyer?s
premium) is paid in full. Our Company reserves the right to ask for a thirty
percent (30%) of the full Purchase Price as a deposit on the same day after the
auction and the remaining balance must be paid in full within ten (10) days after
the auction.
229
Article 20
Payment can be made in cash, by bank transfer, check or credit card. Credit card
(including China Union Pay card) payment is limited to total amount of one
million Taiwanese dollars or less. Checks must be cleared before lot collection.
Bank transfers can be made to our bank accounts in Taiwan or Hong Kong. If
payment is made in USD or HKD to our Hong Kong account, the exchange rate
published during the auction and on our invoice will be used. The currency shall
be determined by the currency posted on the day of auction (presented by the
Bank of Taiwan) and certified by Our Company.
Article 21
For Buyer who is willing to pay the Purchase Price in the currency other than
New Taiwanese Dollar (TWD, NT$), Our Company shall charge the Buyer any
fees resulted from it. The fees include the service fee charge by the bank and the
currency difference.
Article 22
The full amount of the Purchase Price that Buyer shall pay Our Company, does
not include any commodity tax or services tax (either by government of R.O.C.
or any other government). If such tax(es) do occur in the transaction set herein,
the Buyer shall settle the tax payment in accordance with relevant law and
schedule.
Article 23
The final Purchase Price does not include the service of packaging. The
packaging is a free service provided by Our Company to the Buyer. Our
Company is not liable for the loss or damage to the lot during or as the result of
packaging.
Article 24
The Buyer shall collect the lot personally once the Purchase Price is paid in
full. If the Buyer wishes to assign another person to collect the lot, a Letter of
Authorization must be presented. If delivery service or insurance are required,
Our Company will not be liable or responsible for any loss or damage to the lot
during transit.
The Liabilities to an Auction after Sale
Article 25
After the Buyer has paid the full amount of the Purchase Price to Our Company,
the Buyer shall be responsible for the lot purchased. Even if the lot is still in the
keeping of Our Company the Buyer shall be liable for any loss or damage.
The Management of Arrears and Auction
Articles Left behind by the Buyer
Article 26
Unless otherwise agreed with Our Company, if the full payment is not received
within required date it is seen as a default, the deposit will not be refunded and
the Buyer shall be responsible for any subsequent costs.
Article 27
Any outstanding balance after ten days of the auction date will incur an interest
at 5% AER of the full amount, until the balance is paid in full.
Article 28
With discretion of the Seller, Our Company reserves the right to resell the unpaid
item through auction or other means. If the final price is lower than the original
full amount, the Buyer agrees to pay the difference in full.
Article 29
Our Company may refuse the bid made by the default Buyer or its representative
in the future. In such circumstance a higher deposit may be requested before any
further bid is accepted.
Article 30
Storage fees will be incurred at the rate of TWD 1,000 per lot per day if the item,
even if paid in full, is not collected within 30 days after the auction date. Our
Company is not responsible for any loss or damage during the storage.
The Main Stipulations for the Seller
Article 31
During the function of auction, the Company shall act as Seller designated
representative. The detailed rule of the selling party is already set and regulated
in the selling party contract.
Other Rights and Obligations of Yu Jen
Article 32
Our Company shall have absolute discretion to settle any dispute during or after
the auction.
Article 33
Our Company shall be obliged to keep confidential for both the Buyer and the
Seller and to protect the rights and interest of the Buyer and the Seller.
Article 34
In order to maintain order in the auction, smoking is not permitted; children
under ten years of age may not enter the auction.
The document is printed in both Chinese and English. If there is any omission
or error the Chinese version will take precedence
The auction event held by Our Company has been approved by the Ministry of
Culture, Taiwan, and is qualified under the regulations for tax relief on business
tax. Every sales revenue and buyer?s premium resulted from the auction shall be
relieved of the 5 % business tax.