Modern and Contemporary Art Auction

This document sets out the basis upon which the online marketplace art platform ?Timax Art Auction House? is provided for you to use and set out the terms of use. Through using the platform, you are confirming your acceptance to these terms. Section 1. General 1.1 These Terms of Use ("Terms") are an agreement between you ("you" or "your") and ?Timax Art Auction House?, d/b/a Timax Global ("Timax Art Auction House" or "we" or "our" or "us") that governs your access to and use of our website, products, and services (collectively, "Services"). By accessing or using our Services in any way, you agree to these Terms. If you do not agree to these Terms, you are not permitted to access or use our Services. Please read these Terms carefully, and feel free to contact us if you have any questions. 1.2 If you are using our Services on behalf of a company or other entity, you represent and warrant that you are at least eighteen (18) years old, and that you are authorized to bind that company or other entity to these Terms, in which case the terms "you" and "your" in these Terms will refer to that entity. 1.3 We offer a variety of Services, and additional guidelines, terms and conditions may apply to some Services ("Service Terms"). By using those Services, you agree to their Service Terms. If any of our Services have Service Terms that conflict with these Terms, those Service Terms will control to the extent of the conflict as relates to those Services. 1.4 For information about our privacy practices, please see our Privacy Policy, which can be viewed at https://timaxglobal.com/privacypolicy/. Our Privacy Policy is incorporated into and considered part of these Terms. By accessing or using our Services in any way, you agree that your information may be collected, stored, shared, processed, and used in accordance with our Privacy Policy and these Terms. 1.5 Effective May 25, 2018, Privacy for EU data subjects is controlled by the regulations set forth in the General Data Protect Regulation, or GDPR. Our privacy policy at https://timaxglobal.com/privacypolicy/ details how the GDPR applies to EU data subjects (in addition to our master privacy policy at https://timaxglobal.com/privacypolicy/) as they use our services. Effective May 25, 2018, if you do not agree to our Privacy Policy YOU MUST NOT ACCESS OR USE THE SERVICES. If you have already registered an account with us, these new laws apply regardless of your acceptance of our stated measures to comply. EU users can contact us at support@timaxglobal.com to learn more about these rights and how we can better honor your wishes regarding our use of your information. 1.6 You will need to register for a Timax Art Auction House account in order to use some of our Services. You agree to provide only true and accurate information in connection with your account, and to update all such information as necessary to keep it accurate and current. 1.7 Your Account is identified by the email address you provided, and you are the only party authorized to use your user ID (email address). You are responsible for maintaining the confidentiality of your registered account with us and any password(s) you have chosen, or we may issue to you in connection with your access and use of the Services. You are responsible for all uses of your account, whether actually or expressly authorized by you. If you believe that your account and/or password(s) have been misused or compromised in any manner, please contact us immediately at support@timaxglobal.com. 1.8 Covenant Regarding Your Account. You agree that you will not maintain multiple registered accounts with us without our express written consent. If you wish to maintain a multiple account, you may submit a request to do so to support@timaxglobal.com, including your primary Username and your rationale for having multiple accounts. 1.9 The permission we give you to register for a Timax Art Auction House account and use our Services under these Terms is non-exclusive and non-transferable. You are not allowed to rent, sell, lease, sublicense or otherwise transfer your Timax Art Auction House account, or any access to or use of our Services, to any third party. 1.10 You consent to receive communications from us electronically, and you agree that we may communicate with you by posting notices on our Services and/or by email. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree that all notices we provide to you by email will be considered received by you on the day that we send them. If you register for an Timax Art Auction House account or otherwise provide us with an email address, you agree that we are not responsible for any automatic filtering that you or your network provider may apply to any email that we send to the email address you provided. If at any time you would like to withdraw your consent to receive emails, please use the "unsubscribe" button on the email, or contact us at support@timaxglobal.com to do so, however it is understood and agreed by you that if you withdraw consent, you may not be able to participate in all Services offered. 1.11 We have no control over the quality or legality of the items displayed on our Sites or the truth or accuracy of the descriptions of such items, upcoming auction events or auction results displayed on our Sites. In the event that you have a dispute with any parties arising out of your use of the Sites you hereby release Timax Art Auction House from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. 1.12 We welcome feedback, comments and suggestions about our Services ("Feedback"). However, you acknowledge and agree that we will have the right to use any and all Feedback at our sole discretion, for any and all purposes, commercial or otherwise, without any obligation of any kind to you. In any case, we will have no obligation to act on, use or respond to any Feedback in any way. 1.13 We reserve all rights not expressly granted to you in these Terms. Section 2. Live and Timed Auctions Participation THE FOLLOWING DESCRIBES THE TERMS ON WHICH Timax Art Auction House OFFERS YOU ACCESS TO BID ONLINE AT LIVE AND TIMED AUCTIONS CONDUCTED BY PARTICIPATING AUCTION HOUSES(?AH?) AND LICENSED AUCTIONEERS . 2.1 Eligibility. Each AH that conducts a live or timed auction will have its own eligibility requirements that must be met in order for you to participate in that auction. You may be required to apply for and obtain approval in order to participate in a specific live or timed auction, including in some cases providing credit card information if you have not done so previously. You agree to maintain at all times the accuracy of your account information including contact information, addresses and credit card information, and to allow us to provide any of your account information to AHs whenever necessary, including for participating in auctions. Approval to participate in one live or timed auction does not guarantee approval to participate in any other live or timed auction, conducted either by that AH, or another AH. Each AH has sole discretion to refuse to approve your eligibility for any live or timed auction. 2.2 Auction Houses. Timax Art Auction House will list items up for auction for you to bid on. Auction dates and times, as well as the number, character, and order and schedule of the items to be auctioned are set by the Timax Art Auction House and are subject to change without notice. Individual lots and items may be modified or changed at any time. Some lots and items that are made available on the auction floor will not be included in the online live auction services. We do not control the information that is provided by Timax Art Auction House?s and which is made available through our system. We do not guarantee that the Timax Art Auction House?s maintain proper auctioneer?s licenses or comply with all laws. 2.3 Bidding, Buying and Conditions of Sale. You may cancel an absentee bid on a lot for a live auction up until the lot has been opened for live bidding. For timed auctions the following cancelation rules will apply: ? Only three (3) bids may be canceled per session ? No bid cancellations will be allowed within 2 hours of the scheduled first lot end time. If either of the two rules above has been exceeded (i.e. 3 timed bids have already been cancelled for a single session/catalog or the timed auction is within 2 hours), bidders may call Timax Art Auction House to request that their bid be cancelled. These requests may only be made during office hours. Voicemail requests for bid cancellation will not be considered. Timax Art Auction House reserves the right to take any adverse action, including without limitation, termination of an account, against those who are deemed to be abusing bid retraction and cancellations. You expressly acknowledge and agree that Timax Art Auction House makes no guarantee or representation regarding the effectiveness or success of bids and you understand that an AH may be conducting a specific live or timed auction on multiple platforms, including websites other than the Sites (?External Auction Sites?). By placing a bid for an auction, you expressly authorize Timax Art Auction House to begin bidding against the then-highest bid on the Sites or any External Auction Sites with respect to the applicable item(s) subject to such auction, and to continue bidding on your behalf at any price in excess of the opening bid and up to the amount of your bid. If Timax Art Auction House becomes aware of a bid on an External Auction Site that exceeds the amount of your bid, Timax Art Auction House may, but is not required to, notify you through your account in accordance with the notification preferences you have selected for your account. You expressly acknowledge that Timax Art Auction House owes no duty to you to obtain the lowest possible price on behalf of you and that Timax Art Auction House may not have access to bidding information on all relevant External Auction Sites. The terms and conditions for participation in each auction, including how bids are accepted, rules governing absentee bids, bid increments, bid retraction and cancellation, the conditions the buyer must meet to purchase the item, as well as the specific conditions of sale (such as warranties, shipping costs, insurance, and the like) may change for each auction by the AH. The AH is required to post such terms and conditions and to maintain the terms throughout the auction period. You agree to be bound by those bidding terms and conditions of sale by agreeing to this Agreement. This Agreement, in addition to those AH terms and conditions, govern your bidding activity as well as your participation in an auction, except for timed auctions where the acceptance of bids is determined solely by Timax Art Auction House?s technology, the AH acts as an auctioneer and has the final determination with respect to the bidding on the item the sale of the item and the resolution of disputes, including the right using its sole discretion to: a) determine who is the successful bidder; b) reject any bid that it believes is not commensurate with the value of the item being offered; and c) reject any bid that it believes may have a detrimental effect on the item in question, or the auction as a whole. 2.4 Video and Audio. Any audio or video aspects of a live auction event are for entertainment purposes only. 2.5 No warranty. Without limiting section 11 below, we do not warrant that the live or timed auction service will be uninterrupted or error free, or that bids will be received by the AH or information regarding current price will be transmitted in a timely fashion, nor do we guarantee the performance of any obligations by an AH. 2.6 Limitation of Liabilities. Without limiting section 12 below, in no event shall we, AHs, or our suppliers be liable for lost profits or any special, incidental or consequential damaged arising out of or in connection with the failure of any bid or pricing information to be transmitted or received by You or the AH in a timely manner, the interruption of any data transmission, audio or video broadcast, or this agreement (however arising, including negligence). Section 3. Information You Provide to Us 3.1 Your Information. The term ?Your Information? means collectively the following: ? any information or materials you provide to us in connection with our registration process, your use of any Services, or in email correspondence with us, ? any information or materials you provide to other users of the Sites in connection with your use of any Services, or in any public message board or chat room area, ? any information or materials you provide to auction houses, appraisers, art or antiques dealers, trade members, curators, educators, antiques professionals, collectors or other third parties affiliated with Timax Art Auction House in connection with your use of any Services, and ? any search terms or other instructions that you transmit to our servers through a web browser. Please note that the information and materials belonging to Your Information may include without limitation textual information, graphic images, photographs, and audio-visual materials. Except as may be otherwise expressly provided to the contrary in this Agreement or the Additional Agreements, you are solely responsible for Your Information, and we act at all times as a passive conduit for your online distribution, communication, and/or publication of Your Information. 3.2 Covenant Regarding Your Information. You agree that Your Information: ? will not be false, inaccurate, frivolous, or misleading, ? will not infringe any third party?s copyright, patent, trademark, trade secret, or other proprietary rights or rights of publicity or privacy, ? shall not violate any law, statute, ordinance, or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising), ? will not be defamatory, trade libelous, unlawfully threatening, unlawfully harassing, or obscene, ? will not contain any computer viruses, worms, Trojan horses, time bombs, or other computer programs, scripts, or instructions that are intended to damage or detrimentally interfere with the operation or use of the Services, or to intercept or expropriate any proprietary computer system information or other confidential data or personal information relating to or arising out of the access or use of the Services, ? will not create any liability for Timax Art Auction House or cause Timax Art Auction House to lose (in whole or in part) the services of its internet service providers or other suppliers and business affiliates, ? will not contain any links to or from other information or websites for which you do not have the right to make or reproduce such links, and ? will not solicit or involve the purchase or sale of counterfeit, stolen or illegal items, or solicit or commit any fraudulent transaction or other form of criminal activity. 3.3 Updated Information. If you are a registered user of the Sites, you agree to promptly update your account registration information in order to keep it current, complete, and accurate. 3.4 Limited License. To enable us to use Your Information, so that we are not violating any rights you might have in Your Information, you hereby grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright and publicity rights (but no other rights) you have in Your Information, in any media now known or hereafter existing, with respect to Your Information. 3.5 Privacy Policy. We will only use Your Information in accordance with our Privacy Policy, available at https://timaxglobal.com/privacypolicy/. By agreeing to the terms and conditions of this Agreement, you also give your consent to the way we may use your Information pursuant to the Privacy Policy. If you have any questions not addressed in our Privacy Policy Document, you should address them to support@timaxglobal.com. Any information you provide to a Timax Art Auction House, an AH or other third parties is governed by their respective privacy policies. Additionally, privacy for European Union (?EU?) data subjects is controlled by the regulations set forth in the General Data Protect Regulation, or GDPR. Our privacy policy at https://timaxglobal.com/privacypolicy/details how the GDPR applies to EU data subjects (in addition to our master privacy policy at https://timaxglobal.com/privacypolicy/) as they use our services. If you do not agree to our Privacy Policy YOU MUST NOT ACCESS OR USE THE SERVICES. EU users can contact us at support@timaxglobal.com to learn more about these rights and how we can better honor your wishes regarding our use of your information. 3.6 You are solely responsible for reviewing any terms of use and/or privacy policies of any other websites or services to which we may link, and we assume no liability for the information contained therein. Section 4. Use of Content 4.1 Copyright. You acknowledge that the Services contain information, text, software, photographs, music, audio and video clips, graphics, links and other material (collectively, the ?Content?) that are protected by copyright, trademark or other proprietary rights of Timax Art Auction House or third parties. All Content used or made available through the Services is copyrighted as a collective work and/or compilation of Timax Art Auction House pursuant to applicable copyright law. Timax Art Auction House or AH owns a copyright in the selection, coordination, arrangement and enhancement of such Content, as well as in the content original to Timax Art Auction House. You agree to comply with any additional copyright notices, information, or restrictions contained in any Content available on or accessed through the Services. Timax Art Auction House does not grant permission to users of its Services to reproduce images of original works of art. 4.2 Trademarks. ? The trademarks, service marks, logos, and product names displayed on or in connection with our Services are the registered and unregistered trademarks and service marks of Timax Art Auction House or third parties in the United Kingdom of Great Britain and/or other countries. ? Neither these Terms nor your use of our Services grants you any license or permission under any copyright, trademark, or other intellectual property of Timax Art Auction House or any third party, whether by implication or otherwise. ? These Terms do not grant you the right to use any of our trademarks, service marks, logos, product names, domain names, or other distinctive brand features in any way. 4.3 Beneficiaries. ? There are no third-party beneficiaries to these Terms except as expressly provided in these Terms. ? You and we are independent contractors under these Terms. No agency, partnership, joint venture, employment, sales representative, or franchise relationship is created or implied by these Terms or Your use of our Services. ? Nothing in these Terms will prevent us from complying with any applicable law or regulation. Section 5. Sites Access; Interference with Services; Monitoring; Compliance with Laws 5.1 Sites Access. We do not guarantee continuous, uninterrupted, or secure access to the Services, and operation of the Sites may be interfered with by numerous factors outside of our control. Internet connection speed will determine how rapidly pages with photographs load to your browser. 5.2 No Interference. You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein without our prior expressed written permission. You agree that you will not use any device, software, or routine to interfere or attempt to interfere with the proper working of the Sites or the Services, or any transaction being conducted on or through the Sites or Services. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the server infrastructure of the Sites. 5.3 Fraudulent Activity. You may not register to use any Services under a false name or use an invalid or unauthorized credit card in connection with any Services. You may not make offers to purchase any goods or services under a false name while using the Services. You may not impersonate any other user of the Services or make use of another user?s password(s). Such fraudulent conduct is a violation of and state laws. Fraudulent conduct may be reported by us to law enforcement authorities, and we will cooperate with such authorities to ensure that violators are prosecuted to the fullest extent of the law. EU data subjects who use of these services under fraudulent or false pretenses will potentially face limitations on their privacy protections under the General Data Protection Regulations (GDPR). 5.4 Monitoring. You agree that Timax Art Auction House has the right, but not the obligation, to monitor any form of user activity and/or Content linked to or from or otherwise associated with the Services. We may investigate any reported violation of our Agreement, Additional Agreements or Sites policies, and any user or other third-party complaints relating thereto. 5.5 Compliance with Laws. The Services may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding use of the Services and any transactions that may be conducted by means of the Services. Section 6. External Sites; Linking 6.1 External Sites. The Services may contain links to websites on the Internet that are owned and operated by third parties (the ?External Sites?). This Agreement does not apply to your use of any External Sites to which the Sites links, and we are not responsible for the availability of any External Sites to which the Sites links. We do not endorse or take responsibility for the contents, advertising, products or other materials made available through any External Sites, and you acknowledge that Timax Art Auction House is not responsible for the availability of, or the content, advertising, products, or other materials located on or through, any External Sites. You acknowledge and agree that under no circumstances will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, goods, or services available on any External Sites. If you decide to access an External Sites, you do so at your own risk. You should contact the sites administrator or Webmaster for those External Sites if you have any concerns regarding such links or the content or services located on such External Sites. Section 7. Breach 7.1 Without limiting other remedies, we may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your registered user account and/or refuse to provide the Services to you: ? if you breach this Agreement or any of the Additional Agreements it incorporates by reference or which you have separately entered into with Timax Art Auction House; ? if we are unable to verify or authenticate any information you provide to us; or ? if we believe that your actions may cause legal liability for you, us, our other users, or other third-party business affiliates. Section 8: Mobile applications 8.1 As part of our Services, we may offer you the use of Timax Art Auction House mobile applications, including applications that may be accessed through the iTunes App Store ("iTunes-Sourced Apps") and Play store for Android and applications that may be accessed by other means. 8.2 Your use of our mobile applications is subject to these Terms and any applicable Service Terms that we may post on our Services or otherwise make available to you in connection with our mobile applications. 8.3 We may update any of our mobile applications without notice, at any time at our sole discretion, and these Terms will apply to any updated versions. Section 9: Changes to our services 9.1 Our Services are updated frequently, and their form and functionality may change without notice. We reserve the right to change, modify, add, remove or discontinue any and all of our Services (and/or the appearance, design, functionality, and all other aspects of any and all of our Services), in whole or part, temporarily or permanently, with or without notice, for any reason or no reason, at any time at our sole discretion. 9.2 We will not be liable to you or any third party for any damages or losses of any kind resulting directly or indirectly from any changes made by us to our Services, including any loss of business or the ability to use any product, service or Content. Section 10: Change to these terms 10.1 Our business changes with time, and these Terms will change also. We reserve the right to change these Terms, including the right to change, modify, add or remove any part of these Terms, without prior notice, at any time at our sole discretion. 10.2 All changes to these Terms will be effective when posted on our Services, or at such later date as may be specified in the updated Terms. 10.3 By continuing to use our Services after any changes to these Terms become effective, you agree to such changes and the updated Terms. 10.4 You agree that we may notify you of any changes to these Terms by posting the updated Terms on our Services, and you agree to review these Terms regularly and inform yourself of all applicable changes. 10.5 If you do not agree to any changes made by us to these Terms, you will no longer be permitted to use our Services. 10.6 Changes to these Terms will not apply to any claim or dispute that arose before such changes became effective, all of which will remain subject to the version of these Terms in effect at the time that such claim or dispute arose. 10.7 We will not be liable to you or any third party for any damages or losses of any kind resulting directly or indirectly from any changes made by us to these Terms, including any loss of business or the ability to use any product, service or Content. Section 11: Disclaimer of warranties 11.1 YOU ACKNOWLEDGE AND AGREE THAT YOUR ACCESS TO AND USE OF OUR SERVICES IS AT YOUR OWN RISK, AND THAT OUR SERVICES ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO OUR SERVICES OR ANY CONTENT, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE, ALL OF WHICH TIMAX ART AUCTION HOUSE EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. THE TIMAX ART AUCTION HOUSE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, THAT OUR SERVICES OR ANY CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, ACCURATE, RELIABLE, COMPLETE, FREE OF ERRORS, SAFE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE USE OF OUR SERVICES IN ANY WAY WILL GIVE RISE TO ANY SPECIFIC RESULTS. APPLICABLE LAW MAY NOT PERMIT THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE EXCLUSIONS IN THIS SECTION MAY NOT APPLY TO YOU. 11.2 If the use of our Services results in the need for servicing or replacing any equipment or data, the Timax Art Auction House will not be responsible for those costs or losses, and we urge you to back up your data at all times. 11.3 No advice or information (whether oral or written) obtained from the Timax Art Auction House, or through our Services or any Content, will create any warranty by us not expressly stated in these Terms or in a separate written agreement between you and us. 12. Limitation of liability 12.1 UNDER NO CIRCUMSTANCES WILL ANY OF THE TIMAX AUCTION HOUSE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES, ANY PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS, OR ANY LOSS OF PROFITS, REVENUE, BUSINESS, DATA, USE, GOODWILL OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH: ? THESE TERMS; ? OUR SERVICES; ? THE USE OF OR INABILITY TO USE OUR SERVICES; ? ANY CONDUCT, PERFORMANCE OR NON-PERFORMANCE (WHETHER ONLINE OR OFFLINE) OF ANY OTHER USER OR OTHER THIRD PARTY ON OR IN CONNECTION WITH OUR SERVICES; OR ? ANY CONTENT, GOODS OR SERVICES MADE AVAILABLE ON, THROUGH, OR IN ANY WAY CONNECTED WITH OUR SERVICES (WHETHER ONLINE OR OFFLINE) BY US OR ANY OTHER USER OR OTHER THIRD PARTY. UNDER NO CIRCUMSTANCES WILL OUR TOTAL LIABILITY TO YOU OR ANY THIRD PARTY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR OUR SERVICES EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE TOTAL AMOUNT YOU PAID US (IF ANY) TO USE OUR SERVICES IN THE SIX (6) MONTHS BEFORE THE EVENT GIVING RISE TO SUCH LIABILITY. 12.2 THE EXCLUSIONS AND LIMITATIONS OF LIABILITY PROVIDED ABOVE IN SUBSECTION 12.1 APPLY TO ALL CLAIMS, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, WHETHER OR NOT ANY OF THE TIMAX AUCTION HOUSE HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS, AND EVEN IF A REMEDY SET FORTH IN THESE TERMS IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. APPLICABLE LAW MAY NOT PERMIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO SOME OF THE EXCLUSIONS AND LIMITATIONS PROVIDED ABOVE IN SUBSECTION 12.1 MAY NOT APPLY TO YOU, IN WHICH CASE THE LIABILITY OF THE TIMAX AUCTION HOUSE WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. Section 13. Shipping and Handling. The buyer is required to pay all shipping, packing, and transit insurance fees and costs for purchased property. We may, but are not obligated to, provide support in the shipping process, such as facilitating communication or payment between buyers and shippers, or recommending third-party service providers. However, any such support or recommendations are for convenience only and do not constitute or imply any representation, warranty, or assumption of liability of any kind by us. We are not the agent of any buyer, seller or third party in connection with the shipping, packing or handling of any property. We do not control and are not liable or responsible for the acts, omissions or policies of the seller or any third party in connection with the shipping, packing or handling of any property, whether or not recommended by us. Unless we specifically agree otherwise in writing with respect to certain property, we have no responsibility for the delivery of any purchased property. Section 14: Miscellaneous 14.1 These Terms, including our Service Terms, other applicable agreements with us, and any other terms and conditions incorporated into these Terms by reference, together with any other written agreements that you may enter into with us regarding our Services, constitutes the entire agreement and understanding between you and us regarding our Services, and supersedes any other communications, representations or understandings. 14.2 If any provision of these Terms is found by a court of competent jurisdiction to be invalid or unenforceable for any reason, that provision will be enforced to the maximum extent permitted, and these Terms will otherwise remain in full force and effect. 14.3 No delay or failure by us to exercise or enforce any right or provision of these Terms will be considered a waiver. No right or remedy under these Terms will be considered waived by us unless the waiver is in writing and signed by a Timax Art Auction House representative who intends and is duly authorized to agree to the waiver on our behalf. No single or partial exercise by us of any right or remedy under these Terms will prevent us from exercising any other right or remedy. 14.4 These Terms will be binding on your successors and assigns, but you are not allowed to assign, transfer or sublicense these Terms or any right or obligation under these Terms without our prior written consent. These Terms, and all rights granted to or reserved by us under these Terms, will benefit and be enforceable by our successors and assigns. 14.5 There are no third-party beneficiaries to these Terms except as expressly provided in these Terms. 14.6 You and we are independent contractors under these Terms. No agency, partnership, joint venture, employment, sales representative, or franchise relationship is created or implied by these Terms or your use of our Services. 14.7 Nothing in these Terms will prevent us from complying with any applicable law or regulation. 15. HOW TO CONTACT US 15.1 If you have questions about these Terms or our Services, please email us at: info@timaxglobal.com. 15.2 Timax Art Auction House is located at: 776-778 Barking Road, London E13 9PJ, +442032860354