Chinese Art and Collections Version 2

Shipping, Payment & Auction Policies SHIPPING Shipping/Pick-Up: While Mewah Art Gallery does not provide packing and shipping services, we do have a list of recommended third party shippers to assist you. We require a written authorization from the client to release property to any third party. We will issue a Shipping Release Form to the bidder once the payment is made. The shipper shall perform us the Shipping Release Form while picking up the item. Mewah Art Gallery takes no responsibility for any acts or omissions of any of the third party shippers PAYMENT Invoicing Invoices are sent via email within 24 hours after the conclusion of the auction. You may also review your invoice onsite if participating live. Forms of Payment Mewah Art Gallery accepts the following methods of payment: Credit Card Paypal Wire transfer We reserve the right not to release property until the payment has been made. TERMS AND CONDITIONS OF SALE These Conditions of Sale set out the terms upon which Mewah Art Gallery ('we,' 'us,' or 'our') sells property by lot in this catalogue. You agree to be bound by these terms by registering to bid and/or by bidding in our auction. A glossary at the end defines the words in bold type. A. BEFORE THE AUCTION 1. LOT DESCRIPTIONS AND WARRANTIES Our description of a lot, any statement of a lot's condition, and any other oral or written statement about a lot such as its nature, condition, artist, period, materials, dimensions, weight, exhibition or publication history, or provenance are our opinion and shall not to be relied upon by you as a statement of fact. Except for the limited authenticity warranty contained in paragraphs E and F below, we do not provide any guarantee of our description or the nature of a lot. 2. CONDITION The physical condition of lots in our auctions can vary due to age, normal wear and tear, previous damage, and restoration/repair. All lots are sold ?AS IS,? in the condition they are in at the time of the auction, and we and the seller make no representation or warranty and assume no liability of any kind as to a lot?s condition. Any reference to condition in a catalogue description or a condition report shall not amount to a full accounting of condition and may not include all faults, inherent defects, restoration, alteration, or adaptation. Likewise, images in our catalogue may not depict a lot accurately, as colors and shades may appear different in print or on screen than on physical inspection. We are not responsible for providing you with a description of a lot condition in the catalogue or in a condition report. 3. VIEWING LOTS We offer pre-auction viewings, either scheduled or by appointment, that are free of charge. If you believe that the catalogue description or condition reports are not sufficient, we suggest you inspect a lot personally or through a knowledgeable representative before you bid on a lot to make sure that you accept the description and its condition. We recommend you hire a professional adviser if you are not familiar with how to address the nature or condition of an object. 4. ESTIMATES Estimates of a lot account for the condition, rarity, quality, and provenance of the object and are based upon prices realized for similar objects in past auctions. Neither you nor anyone else may rely on our estimates as a prediction or guarantee of the actual selling price of a lot or its value for any other purpose. Estimates do not include the buyer' premium, any applicable taxes, and any other applicable charges. 5. WITHDRAWAL We may, in our sole discretion, withdraw a lot from auction at any time prior to or during the sale and shall have no liability to you for our decision to withdraw. B. REGISTERING TO BID 1.NEW BIDDERS New bidders must register at least twenty-four (24) hours before an auction and must provide us with documentation of their identity. (a) Individuals must provide photo identification (driver's license, non-driver ID card, or passport) and, if not shown on the photo identification, proof of current address (a current utility bill or bank statement). (b) Corporate clients must provide a Certificate of Incorporation or its equivalent bearing the company's name and registered address, together with documentary proof of directors and beneficial owners. (c) Trusts, partnerships, offshore companies, and other business entities must contact us in advance of the auction to discuss our requirements. If we are not satisfied with the information you provide us in our bidder identification and other registration procedures, we may refuse to register you to bid, and if you make a successful bid, we may cancel the contract for sale between you and the seller. New bidders may be required to provide us with a financial reference and/or a deposit before we allow them to bid. 2. RETURNING BIDDERS If you have not bought anything from us recently, then we may require you to register as a new bidder, as described in the paragraph above. Please contact us at least twenty-four (24) hours prior to the auction. 3. BIDDING FOR ANOTHER PERSON If you are bidding as an agent on behalf of another person, your principal must be a registered bidder and must provide us with written authorization allowing you to bid. You, as the agent, shall accept personal liability to pay the purchase price and all other sums due unless we have agreed in writing before the auction that you are acting as an agent on behalf of your principal and that we will only seek payment from your principal. 4. BIDDING IN THE SALEROOM If you wish to bid in the saleroom, you must first acquire a bidding paddle at least thirty (30) minutes before the auction. 5. OUR BIDDING SERVICES We offer the following bidding services as a convenience to our clients, subject to these Conditions of Sale. We shall not be responsible for any error, omission, or failure, human or otherwise, in providing these services. Internet Bids: You can bid in our live sales via our bidding platform or through third-party bidding sites. 6. CREDIT CARD AUTHORIZATION HOLD When you register to bid you may be asked to provide us with a valid credit card number. You authorize us to verify the validity of the credit card by placing a $1000 authorization hold on the card that will remain until it falls off usually within 48 hours. C. DURING THE AUCTION 1. BIDDING IN THE AUCTION (a) Live Auctions. We will appoint an individual auctioneer to administer a live auction. The auctioneer may accept bids from (a) bidders in the saleroom and Internet bidders. Bidding generally starts below the low estimate and increases in steps called bid increments. The auctioneer will decide at his/her sole option where the bidding should start and the bid increments. Bid increments may vary from auction to auction. You shall comply with all laws and regulations in force that govern your bidding. 2. AUCTIONEERS DISCRETION The auctioneer shall have absolute discretion to (a) admit a bidder into or remove a bidder from the saleroom or online auction (b) accept or refuse any bid (c) change the order of the lots in the auction (d) move the bidding backward or forward (e) withdraw any lot from the auction (f) divide any lot or combine any two or more lots (g) reopen or continue the bidding even after the hammer has fallen (h) continue the bidding, determine the successful bidder, cancel the sale of the lot or reoffer and resell any lot in the event that there is an error or dispute related to bidding or the application of the reserve, whether during or after the auction. You must provide us with written notice within three (3) business days of the date of the auction if you believe that the auctioneer has accepted the successful bid in error. The auctioneer will consider the claim and decide in good faith if the sale of the lot is final, whether he/she will cancel the sale of the lot or whether he/she will reoffer and resell the lot. The auctioneer's decision in exercise of this discretion is final. This paragraph does not in any way affect our ability to cancel the sale of a lot under other applicable provisions of these Conditions of Sale including the rights of cancellation set forth in sections B(1), D(6), E(2), and G(1). 3. BIDDING ON BEHALF OF THE SELLER The auctioneer may, at his/her sole option, bid on behalf of the seller up to one bidding increment before the reserve by making either consecutive or responsive bids. The auctioneer will not identify these as bids made on behalf of the seller. If a lot is offered without reserve, the auctioneer will open the bidding at approximately fifty percent (50%) of the lot's low estimate; where necessary, will lower the asking bid until a bid is received; and will solicit higher bids from that amount. If there are no bids on a lot, the auctioneer may deem the lot unsold. 4. SUCCESSFUL BIDS AND INVOICES Subject to paragraph C(2), the contract of sale between the seller and the successful bidder is formed when the final bid is accepted and the auctioneer's hammer strikes. The successful bid price is the hammer price, and we will issue an invoice only to the registered bidder who made the successful bid. While we send out invoices by mail and/or email after the auction, we shall not be responsible for telling you whether your bid was successful. You should contact us immediately after the auction to find out the success of your bid in order to avoid having to pay storage charges. D. AFTER THE AUCTION 1. THE BUYER?S PREMIUM In addition to the hammer price, the successful bidder agrees to pay us a buyer's premium on the hammer price of each lot sold. On all lots, we charge twenty percent (20%) of the hammer price up to and including $10,000; fifteen percent (15%) of any amount in excess of $10,00 up to and including $100,000; and ten percent (10%) of any amount in excess of $100,00. If the bidder bids through a third-party platform the bidder agrees to pay us a surcharge equal to the fee levied by the third-party platform. The third-party platform fee is in addition to the buyer's premium. 2. TAXES The successful bidder is responsible for any applicable taxes, including any sales or use tax or equivalent tax wherever such taxes may arise on the hammer price, the buyer's premium, and/or any other charges related to the lot. A sales or use tax is dependent upon a number of factors, including, but not limited to, our volume of sale and the place of delivery of the lot, regardless of the nationality or citizenship of the successful bidder. The applicable sales tax rate will be determined based upon the state, county, or locale to which the lot will be shipped or where it is picked-up in person. We collect sales tax in states where legally required. 3. MAKING PAYMENT (a) Immediately following the auction, you must pay the purchase price, consisting of the hammer price, plus the buyer's premium, plus any applicable duties and sales, use, or other applicable taxes. (b) We will only accept payment from the registered successful bidder. Once issued, we cannot change the buyer's name on an invoice or reissue the invoice in a different name. (c) You must pay for lots in US dollars in one of the following ways: (i) Wire transfer (ii) Credit Card iii) Paypal d) You must quote your invoice number when making a payment. 4. TRANSFERRING OWNERSHIP TO YOU You will not own the lot and title will not pass to you until we have received full payment in good funds of the purchase price, even in circumstances where we have released the lot to you. 5. TRANSFERRING RISK TO YOU Unless we have agreed otherwise with you, the risk in and responsibility for the lot will transfer to you from whichever is the earlier of the following: (a) when you collect the lot; or (b) the end of the thirtieth (30th) day following the date of the auction or, if earlier, the date the lot is taken into care by a third-party warehouse. 6. YOUR FAILURE TO PAY If you fail to pay us the purchase price in full in good funds by the due date, we will be entitled to do one or more of the following (as well as enforce any other rights and remedies we have by law) at our sole discretion: (a) We can charge interest from the due date at a rate of up to one and one-half percent (1.5%) per month on the unpaid amount due. (b) We can cancel the sale of the lot and sell the lot again, publicly or privately, on such terms as we believe appropriate, in which case you must pay us any shortfall between the amount you owe us and the resale price, plus all costs, expenses, losses, damages, and legal fees we incur due to the cancellation. (c) We can pay the seller the amount due to them, in which case you acknowledge and understand that we will have all the seller's rights to pursue you for such amount. (d) We can hold you legally responsible for the amount you owe us and bring legal proceedings against you to recover the amount owed by you, plus other losses, interest, legal fees, and costs as allowed by law. (e) We can reveal your identity and contact details to the seller. (f) We can reject any bids made by or on behalf of you in future auctions or require you to provide us with a deposit before accepting any bids. (g) We can exercise all the rights and remedies of a person holding security over any property in our possession owned by you, whether by way of pledge, security interest, or in any other way as permitted by the law of the place where such property is located. You will be deemed to have granted such security to us and we may retain such property as collateral security for your obligations to us. (h) We can take any other action we deem necessary or appropriate. 7. SHIPPING, COLLECTION, AND STORAGE (a) You must collect purchased lots within thirty (30) days of the auction. We can assist in making shipping arrangements by suggesting art handlers, packers, transporters, or experts, but you must arrange all transport and shipping with them, and we are not responsible for their acts, failure to act, or neglect. (b) If you do not collect any purchased lot within thirty (30) days following the auction, we may, at our sole option, (i) charge you storage and insurance costs; (ii) move the lot to another Hindman location or to a third-party warehouse, whereupon we will charge you transport costs, insurance costs, and administration fees for doing so, and you will be subject to the third-party storage warehouse's standard terms and responsible for paying its standard fees and costs; or (iii) sell the lot in any commercially reasonable way we think appropriate. (c) In accordance with applicable state law, if you have paid for the lot in full but you do not collect the lot within the time specified by the law of the state where the auction takes place, we may charge you state sales tax for the lot. (d) Nothing in this paragraph is intended to limit our rights under paragraph D(6). E. WARRANTIES 1. SELLERS WARRANTIES For each lot, the seller gives a warranty that the seller (a) is the owner of the lot or a joint owner of the lot acting with the permission of the other co-owners or, if the seller is not the owner or a joint owner of the lot, has the permission of the owner to sell the lot or the right to do so by law; and (b) has the right to transfer ownership of the lot to the buyer without any restrictions or claims by anyone else. If either of the above warranties are incorrect, the seller shall not have to pay more than the purchase price (as defined in paragraph D(3) above) paid by you to us. The seller will not be responsible to you for any reason for loss of profits or business, expected savings, loss of opportunity or interest, costs, damages, other damages, or expenses. The seller gives no warranty other than as set out above, and as far as the seller is allowed by law, all warranties from the seller to you, and all other obligations upon the seller that may be added to this agreement by law, are excluded. No employee or agent of Hindman is authorized to make a representation or provide other information, whether orally or in writing, that amends the seller's warranties or creates an additional warranty on behalf of the seller with respect to a lot. Any such representation, other information, or additional warranty shall be null and void. 2. LIABILITY TO YOU (a) We give no warranty in relation to any statement made, or information given, by us or our representatives or employees about any lot other than as set out in the limited authenticity warranty or in the additional warranty for books, and as far as we are allowed by law, all warranties and other terms that may be added to this agreement by law are excluded. The seller's warranties contained in paragraph E(1) are their own, and we do not have any liability to you in relation to those warranties. (b) We are not responsible to you for any reason (whether for breaking this agreement or for any other matter relating to your purchase of, or bid for, any lot) other than in the event of fraud or fraudulent misrepresentation by us, or other than as expressly set out in these Conditions of Sale. (c) WE DO NOT GIVE ANY REPRESENTATION, WARRANTY, OR GUARANTEE OR ASSUME ANY LIABILITY OF ANY KIND IN RESPECT OF ANY LOT WITH REGARD TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DESCRIPTION, SIZE, QUALITY, CONDITION, ATTRIBUTION, AUTHENTICITY, RARITY, IMPORTANCE, MEDIUM, PROVENANCE, EXHIBITION HISTORY, LITERATURE, OR HISTORICAL RELEVANCE. EXCEPT AS REQUIRED BY LOCAL LAW, ANY WARRANTY OF ANY KIND IS EXCLUDED BY THIS PARAGRAPH. (d) Our written and telephone bidding services, online bidding services, and condition reports are free services, and we are not responsible to you for any error, omission, or failure of these services. (e) We have no responsibility to any person other than a buyer in connection with the purchase of any lot. (f) If, despite the terms in paragraphs F(a)(e) or E(2)(3) above, we are found to be liable to you for any reason, we shall not have to pay more than the purchase price paid by you to us. We will not be responsible to you for any reason for loss of profits or business, loss of opportunity or value, expected savings or interest, costs, damages, or expenses. G. OTHER TERMS 1. OUR ABILITY TO CANCEL In addition to the other rights of cancellation contained herein, we can cancel a sale of a lot if (i) any of your warranties in paragraph E(4) are not correct; (ii) we reasonably believe that completing the transaction is, or may be, unlawful; or (iii) we reasonably believe that the sale places us or the seller under any liability to anyone else or may damage our reputation. 2. RECORDINGS We may videotape and/or audio record proceedings at any auction. We will keep any personal information confidential, except to the extent that disclosure is required by law. If you do not want to be videotaped, you may decide to make a telephone or written bid or bid online instead. Unless we agree otherwise in writing, you may not videotape or record proceedings at any auction. 3. COPYRIGHT We own the copyright in all images, illustrations, and written material produced by or for us relating to a lot, including the contents of our catalogues, unless otherwise noted therein. You cannot use them without our prior written permission. We make no representation and offer no guarantee that the buyer of a lot will gain any copyright or other reproduction rights. 4. ENFORCING THIS AGREEMENT If a court finds that any part of this agreement is invalid, illegal, or impossible to enforce, that part of the agreement will be treated as being deleted, and the rest of this agreement will not be affected. 5. TRANSFERRING YOUR RIGHTS AND RESPONSIBILITIES You may not grant a security over or transfer your rights or responsibilities under these terms unless we have given our written permission. This agreement will be binding on your successors or estate and anyone who takes over your rights and responsibilities. 6. PERSONAL INFORMATION We will hold and process your personal information in line with our privacy policy. 7. WAIVER No failure or delay to exercise any right or remedy contained herein shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy. 8. LAW AND DISPUTES This agreement, and any noncontractual obligations arising out of or in connection with this agreement, or any other rights you may have relating to the purchase of a lot will be governed by the laws of Malaysia.