Chinese Jade and Antiques

Terms and Conditions of Sale The Auction on October 17, 2015 is online only. These Terms and Conditions of Sale are made by and between Dia Bazar Corp. (Dia Auctions, We, Our or Us) and Bidder (Purchaser, Buyer, representative or Agent). At the sole discretion of Dia Auctions, Dia Auctions reserves the right to vary the terms of sale, and any such changes shall become part of these Conditions of Sale. By participating in any sale, the buyer acknowledges to be bonded by the terms and conditions of sale set herein. 1. All sales are FINAL; NO REFUNDS. All property is sold AS IS, and where is, and neither we nor the consignor makes any representation or warranty, expressed or implied, as to the merchantability, fitness or condition of the property or as to the correctness of description, genuineness, attribution, provenance or period of the property. Prospective buyer should personally inspect the lot prior to bidding to determine its condition, size and other considerations. We will assert best effort to provide the information and images in good faith to prospective buyers if requested, necessary, and available. We highly recommend the buyer have an expert examine the lot for you or do not bid on the item in any question. Please make an appointment to preview. 2. In any case as a condition report is subjective, Dia Auctions NEITHER guarantee NOR imply that no other defects may be present that have not been stated; more so, an absence of condition report does not imply that there are no defects or restorations on a lot. Written and oral descriptions are our opinions and should in no way be construed as a guarantee of any kind as to authenticity, age, condition, materials or any other feature of items being sold. We are not responsible for the correctness of any statement of any kind concerning any lot, whether written or oral, nor for any other errors or omissions in description or for any faults or defects in any lot. Neither the seller, ourselves, our officers, employees or agents, 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. Our printed materials (i.e. Partial Catalogs, Catalogs, or Advertisements) are meant merely as a guide, not a guarantee. i. All paintings are sold AS IS, with NEITHER guarantee as to authorship NOR as to authenticity. It is the responsibility of the prospective buyer to determine whether or not any of these paintings might be original paintings, copies, etc. Condition reports are available when requested, but will only refer to the physical condition of the scroll or painting. ii. All Jade is sold AS IS, with no guarantee as age or authenticity of the color. All sales are final, no returns will be accepted. Judgment of such qualities is at the sole discretion of the buyer. iii. The lot description translations in Chinese should NOT be used to determine age, condition, authenticity, etc. Please contact us for a detailed condition report in Chinese. 3. We reserve the right to withdraw any property at any time prior to the actual sale and shall have no liability whatsoever for such withdrawal. We shall conduct the auction per lot as numbered in the catalog. Each lot is given a low and high sale estimate, based on market conditions and previous auction history, as an indication of the range in which the lot might sell at auction. It should not be relied on as a representation or prediction of actual selling prices. It is NOT price. 4. Unless the sale is advertised and announced as "without reserve", each lot is offered subject to a reserve. Dia Auction may implement such reserves by bidding through its representatives on behalf of the Consignors. Where the consignor is indebted to or has a monetary guarantee from us, and in certain other circumstances, we may have interest in the offered lots and the proceeds there-from other than our commissions, and may bid through a representative or agent to protect such interest. We are entitled to our standard commission rate where a lot is. 5. In the event of any dispute between bidders, or in the event the Auctioneer doubts the validity of any bid, Dia Auctions shall have sole and final discretion either to determine the successful bidder or to re-offer and resell the article in dispute. If any dispute arises after the sale, our sales records shall be preeminent in all respects. 6. If we are prevented by fire, theft or any other reason whatsoever from delivery of any property to the Purchaser, our liability shall be limited to the sum actually paid by the Purchaser. 7. All bidders are required to complete our registration form and send back via fax or email (diabazarco@hotmail.com). Approval is at the discretion of Dia Auctions. A valid identification card, among others, is required to obtain a paddle, or prior to an approval in Live Auctioneers. A prospective buyer may leave an absentee or telephone bid, or bid through internet. Absentee bids must state the highest bid that the bidder is willing to pay and must be submitted no less than twenty-four (24) hours before the start of auction. In events of identical bids, the earliest bid received will take precedence. It shall be executed in competition with other bidders. Telephone bids must be submitted no less than twenty-four (24 hours) prior to auction date, and may be limited to the capacity of our staff pool. As telephone, absentee, and online bids are options of convenience to the buyers, we maintain that it will not be held responsible for live internet bids that are not sent, received, or executed by the administrator. We reserve the right to charge your credit card as a security deposit of up to 20% of the high estimate of the lots bid on, or $1,000, whichever is higher, and to refuse bids in the best interest of the Auction House. In addition, if a representative is bidding on a company's or someone's behalf, an authorization letter with contact information of the actual bidder may be required. 8. By using and accessing the third party bidding platforms and websites, Buyer agrees to be bound by these Terms and Conditions. Dia Auctions is not liable for any viruses that may affect a computer while accessing these sites, missed bids or outages. We make no warranties, express or implied, that sites will be error free or that use will be uninterrupted. Dia Auctions is not liable for damages relating to or arising from use online platforms. A sale online is determined complete when payment confirmation is sent. Dia Auctions takes no responsibility. 10. Dia Auctions uses regular increment multiples as bidding progresses, but may change at the Auction House's sole discretion. 11. A Buyer's premium of 20% (23% for online buyers) shall be added to the winning bid price of each lot purchased, plus applicable sales tax are computed based on this figure; the total of which shall be the final purchase price. A valid and current re-sale certificate number must be provided to determine the legal tax status of the buyer. 12. The highest bidder shall be deemed to have purchased the offered lot upon the fall of the auctioneer's hammer, and thereupon shall immediately pay the purchase price in full plus premium, taxes, and related expenses. Dia Auctions at its sole and absolute discretion, reserves the right to reject any opening bid or advance on the sale of a lot, if the bids are unacceptable, insufficient, or below the reserve price. Any dispute shall be decided by Dia Auctions at its sole and absolute discretion either to determine the successful bidder or to re-offer and resell the article in dispute. If any dispute arises after the sale, our sales records shall be preeminent in all respects. 13. It is upon the Buyer's sole responsibility to settle and comply with all export-import regulations, licenses, permits, duties, and fees relating to the sale and/or delivery of purchased goods. The delay or failure in exporting or delivery of a lot to the Buyer due to failure to secure necessary permits or licenses shall not be recognized as a reason to delay remittance of payments and applicable charges, or cancel a sale. Further, we will not be liable for any unfortunate event of loss or breakage on released parcels; the buyer shall be responsible in making a claim from the insurance company and will not be a reason for payment dispute and refund nor rescission of sale. 14. All buyers are required to fully pay and clear all balances within five (5) calendar days following the auction date. We accept the payment made in cash, cashier check, check, credit card (under $2000 total amount of lots purchased), and/or wire transfer in US Dollar currency. Checks must be cleared prior to removal of lots purchased. A US$ 40 fee will be charged to the buyer for every returned check for any reason, and for bank wire transfer fees. 15. No property will be released until payment in full is made and cleared on the items. Lots purchased must be picked up within five (5) business days from auction date for US buyers, and seven (10) business days for international buyers. Packing, shipping and insurance (including reimbursement for damage or loss) of purchased lots is the responsibility of the Purchaser. A storage fee of US$10 per day per lot shall be charged to the buyer after the allowable time provided to pick up. And we cannot be liable for any damages on unclaimed properties during this transportation. If the purchased and paid lot remains uncollected after 30 days, or when the storage fee exceeds the amount paid for the lot, we shall consider the lot as abandoned, and shall form part of our company's asset. 16. Packing, shipping and insurance (including reimbursement for damage or loss) of purchased lots is the responsibility of the Purchaser. Dia Auctions can provide in-house packing and shipping services at the Buyer's expense. Items will be shipped via UPS or USPS or unless another carrier is specified. Please note: items that are large and/or heavy and/or need special packaging or shipping requirements, may have additional shipping costs and delays. If we cannot pack and ship your purchases, we can recommend packing/shipping through a third party carrier. We are not responsible for any delays on the part of this third party, should there be any. We recommend shipping all items insured. Insurance costs through third party carriers will be borne by the Purchaser and in case of damage; insurance claims should be taken up with the third party carrier. Should any damage or loss occur to items transported by a third party shipper, we will not be held responsible for the outcome. This reimbursement, of course, only covers the actual cost of the items shipped. Within approximately one week after the auction, Dia Auctions will advise Purchasers of recommended shipping methods or possible third party carriers. (Note: on occasion, quotes from some of the third party carriers may take additional time.) 17. If the foregoing conditions or any other applicable conditions herein are not complied with, in addition to other remedies available to us and the consignor by law, including but without limitations the right to hold the buyer liable for the purchase price, we may charge the buyer's credit card, file a complaint, dispute and lawsuit against the buyer, and/or cancel the sale and re-sell/offer the lot while retaining as liquidated damages all payments made by the purchaser, without the obligation to notify the buyer. 18. If any part of these Terms and Conditions of Sale is found by any court in California to be invalid, illegal, or unenforceable, that part shall be discounted and the rest shall continue to be valid and enforced to the fullest extent permissible by law.