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I GENERAL REGULATIONS AND NUMBERING

  • Article I
    The regulations are made in accordance with the auction events held by TA. Treasure Art Ltd. Consignors, bidders, and buyers must carefully read following regulations and articles and comply all of them to attend all the auction events of TA. Treasure Art Ltd.’s to be in charge of their behaviors. TA. Treasure Art Ltd. does not bear any responsibilities for any actions that are against the regulations. If any losses or obligations caused result from not careful reading the regulations, behaviors must bear all the consequences.
  • Article II
    Consignors are meant to those natural persons, juridical persons or other organizations with legally effective identification or registered certificates with the auction contract signed by TA. Treasure Art Ltd.. In the regulations, unless there are other extra instruction or special demands according the context, consignors include the agents of the consignors.
  • Articles III
    Bidders mean those who possess effective identification or registered certificates to complete all the necessary procedures, including signing up for auctions, paying the security deposits, and obtaining bidding paddles to participate TA. Treasure Art Ltd.’s auction events. Bidders must be the capable natural persons, juridical persons or other organizations in accordance with the civil laws.
  • Article IV
    Buyers are defined those bidders who participate in TA. Treasure Art Ltd.’s auction events and are publicly recognized by the auctioneers with the hammer price. TA. Treasure Art Ltd. can immediately request buyers to sign deal confirmation at the auction venue.
  • Article V
    Price Instruction Estimate means the reference price listed in the cataloguing, other publications published by TA. Treasure Art Ltd. and information before the auction events as the reference for the bidders. Reserve Price means both sides confirm the reserve price for the lot and sign on the entrusted contract after negotiation. Closing Price means the price which auctioneers knock down the gavel at the auction event venue and publicly offer the price of the lot to the buyers. Service Charge represents both consignors and buyers must pay the service fees to TA. Treasure Art Ltd. in accordance with the closing price by ratio at TA. Treasure Art Ltd.’s public auction events.
  • Article VI
    TA. Treasure Art Ltd. sign the entrusting auction contract with consignors and accept consignors’ trust to be their agents. Besides other specific regulations, the legal and effective sale relationship between consignors or represented by TA. Treasure Art Ltd. and buyers exists after the auctioneers knock down the gavel at TA. Treasure Art Ltd.’s auction events. Consignors and buyers must not regret for the sale relationship. Both consignors and buyers must undertake the legal responsibilities respectively.

II REGARDING TO BUYERS

  • Article VII

    Paddles

    Paddles are the only certificate for bidders to participate in the live auction events. Bidders must keep the paddles carefully. Once lost, bidders should immediately proceed to the loss reporting procedures in the written form regulated by TA. Treasure Art Ltd.. All the bidding actions would be considered as the behaviors made by the paddles’ registrants. Unless all the loss reporting procedures are completed before the auction date, bidders must take the legal responsibilities for the paddles holders.
  • Article VIII

    Bidders Security Deposits

    Bidders who participate in TA. Treasure Art Ltd.’s auction events should submit payment for security deposits before obtaining paddles. The amount of security deposits would be announced by TA. Treasure Art Ltd. before the auction date. If bidders are not able to purchase any bidding lot, the security deposits will be returned to the bidders in ten working days without interests. If bidders turn to buyers, the security deposits will automatically transit as an initial payment to pay for the closing price of the lot
  • Article IX

    Cataloguing

    In the auction events held by TA. Treasure Art Ltd., for the convenience of the bidders and consignors to attend the auctions, TA. Treasure Art Ltd. would publish cataloguing for lots which are briefly described with words and photos for their conditions. Words, estimates, photos, and other forms of videos and propagandas which can be revised before auctions are only for the reference and information for bidders. TA. Treasure Art Ltd. does not take any responsibilities for the actuality, value, color, texture and deficiency of the lots. In case of discrepancy between the cataloguing and the real lot, the real lot shall prevail. TA. Treasure Art Ltd. and its staff or agents do not guarantee for bidding lots regardless of introduction and comments through the form of certificate, cataloguing, condition description, projection, news piece, Internet media, etc. The quotes for the instruction of the bidding lots from publications are only for the reference of the bidders. TA. Treasure Art Ltd. would not offer the original copies of the publication and reserve the rights to revise or amend the description. TA. Treasure Art Ltd. and its staff or agents shall not be in charge of any omissions or mistakes in the description of the introduction and comments.
  • Article X

    Review Responsibility of the Bidders

    TA. Treasure Art Ltd. specifically announces that it shall neither take any obligations for the authenticity or quality of the bidding lots nor the deficiency of the lots. TA. Treasure Art Ltd. solemnly suggests bidders should review the originals of the bidding lots in person before the auction date and judge the authenticity and quality of the bidding lots by themselves as well as bear the legal responsibility for their own behaviors.
  • Article XI

    Absentee Bid

    Bidders shall be presence at the auction events. If not, bidders can entrust TA. Treasure Art Ltd. for bidding in the written form. TA. Treasure Art Ltd. has the rights to determine in receiving above trust. Those who would like to entrust TA. Treasure Art Ltd. to bid shall submit their entrusting procedures forty-eight hours prior to the auctions and present the entrusting bidding authorization to TA. Treasure Art Ltd. in written form. Bidders who entrust TA. Treasure Art Ltd. to bid must take all the consequences and related legal responsibilities for the bidding results. If bidders would like to cancel their trust to TA. Treasure Art Ltd., they shall notify TA. Treasure Art Ltd. twenty-four hours prior to the auctions in written form. Due to complimentary service offered by TA. Treasure Art Ltd. to deliver bidding information to the bidders, TA. Treasure Art Ltd. and its staff do not bear any responsibilities for any negligence, fault or inabilities to bid during the auction.
  • Article XII

    Image Display and Money Exchange Display

    For the convenience of the bidders, TA. Treasure Art Ltd. may use image projectors or other forms of displays during the auction. The content of the displays are only for reference. There may be errors on the displays for showing amounts, bidding numbers, auction photos or foreign exchange rates. TA. Treasure Art Ltd. would not be in charge of any errors resulting in any losses.
  • Article XIII

    Decision of the Auctioneers

    Auctioneers have the right to represent TA. Treasure Art Ltd. to raise or lower the bidding brackets, to refuse any bidding, and reopen the bid if any controversy happens.
  • Article XIV

    Abnormal Situation Handling

    When abnormal situation happens which may cause influence during auctions, TA. Treasure Art Ltd. has the rights to make proper responses in accordance with the actual situation until the suspension of the auctions. If there is any controversy happening at the site of auctions, TA. Treasure Art Ltd. shall reserve the rights to negotiation and mediate.
  • Article XV

    Rights for Refusal

    TA. Treasure Art Ltd. shall possess all the rights to refuse anyone to participate at TA. Treasure Art Ltd.’s auction events or enter the auction sites. In addition, TA. Treasure Art Ltd. can deny all activities such as photography, tape recording, and video recording.
  • Article XVI

    Service Fees and Payment for Closing Price

    Buyers shall pay TA. Treasure Art Ltd. for service fees for twenty percent of the closing price. The payment which buyers shall pay includes closing price and service fees. If there is any taxation and other charges owing to the purchase, buyers should declare and bear the charges. After the deal is completed, buyers shall fulfill the payment to TA. Treasure Art Ltd. for closing price in New Taiwan Dollars within twenty days after the auctions. If buyers choose to pay in currencies other than New Taiwan Dollars and wire the amount to the designated account of TA. Treasure Art Ltd.’s foreign currency accounts, TA. Treasure Art Ltd. will adopt the exchange rate to New Taiwan Dollars on the auction date to pay for the closing price. The differences caused by the exchange rate changes from foreign currencies to New Taiwan Dollars must be undertaken by the buyers.
  • Article XVII

    Ownership Transferring and Claim Bidding Lots

    After buyers complete payment for closing price, they can obtain the ownership of the lot. Buyers shall claim bidding lots at the designated venue by TA. Treasure Art Ltd. among thirty days after the auctions. All the overdue costs on preservation, transporting, and insurance fees must be taken by buyers. Buyers also need to take full responsibilities for the lots. TA. Treasure Art Ltd. does not share any obligations for any losses, diminishes, and damages of the lots.
  • Article XVIII

    Packing and Transporting

    If buyers request TA. Treasure Art Ltd. and its staff for packing and handling the bidding lots, it will be considered as service offered by TA. Treasure Art Ltd. to buyers. TA. Treasure Art Ltd. can decide whether to provide this service or not. If any losses happen, buyers must bear the consequences. In addition, if any errors, omissions, and losses happen due to packing and transporting services recommended by TA. Treasure Art Ltd. to buyers, TA. Treasure Art Ltd. does not take any responsibilities. All the costs for shipping, transporting insurance fees, exit declaration, and appraisal charges must be paid by buyers.
  • Article XIX

    Undischarged Payment

    Buyers who do not fulfill payment for closing price thirty days after the auctions are considered as breach of contract. Besides confiscating security deposits and paid amount, TA. Treasure Art Ltd. can hold other bidding lots or payments in custody from the same buyers. Twenty days after the extension notification given by TA. Treasure Art Ltd. to buyers, if buyers cannot complete payments within the deadline, TA. Treasure Art Ltd. can remain the rights to dissolve this deal and cope with the lots at its will.

III REGARDING TO CONSIGNORS

  • Article XX

    Promises of Consignors

    Consignors and its entrusting bidding lots irrevocably promise TA. Treasure Art Ltd. and buyers as following:
    • (1) The complete ownership or disposition of the bidding lots, the legal rights and interests of the bidding lots neither to damage any third party nor to run against the laws and regulations
    • (2) the understanding of everything from consignors who must fully disclose the origin of the lots and deficiencies to TA. Treasure Art Ltd. without any reservation, deception or fabrication, and
    • (3) if consignors violate above promises and cause the real owner of the lots or any third person that has the legal claimant to demand reparation or file lawsuits, leading to the losses of TA. Treasure Art Ltd. or buyers, the consignors must compensate all the costs and expenses, including legal consultation charges.
  • Article XXI

    Agents of the Consignors

    If Consignors allows agents to entrust TA. Treasure Art Ltd. to auction its lots, consignors shall present entrusting documents to TA. Treasure Art Ltd. and offer consignors’ and agents’ legal identification to sign an auction contract with TA. Treasure Art Ltd.. TA. Treasure Art Ltd. has the rights to go through appropriate check-up for the above entrusting matters.
  • Article XXII

    Reserve Price

    Reserve price is the lowest selling price for the bidding lots offered by the consignors to TA. Treasure Art Ltd. and signed in the auction contract. If the reserve price does not appear in the written form, it will mean no reserve price. Under any circumstance, TA. Treasure Art Ltd. will not take any responsibilities if a certain bidding lot does not reach the reserve price and cause no deal during TA. Treasure Art Ltd. auctions.
  • Article XXIII
    After consignors sign the entrusting auction contract with TA. Treasure Art Ltd., consignors would authorize TA. Treasure Art Ltd. to have full rights of determination as following:
    • (1) Photograph, picture-making, picturerecording for bidding lots or other forms of video-recording, promotion, and decision to arrange every approach of promotion.
    • (2) Arrange exhibition and display and all the arrangement during the display.
    • (3) Unless TA. Treasure Art Ltd. has another deal with consignors, TA. Treasure Art Ltd. has the right to decide if the bidding lots are proper for auction by TA. Treasure Art Ltd. which also can fully determine the venue, date, session, condition, method, and bidding condition for the entrusting lots.
  • Article XXIV

    Copyright

    Consignors authorize TA. Treasure Art Ltd. to photograph, picture-making, picture recording and other forms of video-recording and promotion. Thus, TA. Treasure Art Ltd.has the copyrights and can access to these under the legal condition. Article XXV Termination of Bidding If any of the following condition happens, TA. Treasure Art Ltd. has the rights to terminate the auction for the bidding lots before the auction date.
    • (1) TA. Treasure Art Ltd. has doubts on the ownership of the lots.
    • (2) he third party has the ownership of the lots or the authenticity is questionable with proven evidences approved by TA. Treasure Art Ltd..
    • (3) TA. Treasure Art Ltd. has different thoughts on the description offered by the consignors or the reliability is doubtful in Article XX.
    • (4) There is an evidence proving consignors have already violated or will violate any articles of the regulations.
    • (5) Other existing reasons make TA. Treasure Art Ltd. consider the bidding lots inappropriate for auction.
  • Article XXVI

    Insurance Arrangement by the Consignors

    If consignors inform TA. Treasure Art Ltd. not to insure for their bidding lots in written form, the risks shall be taken by consignors. Consignors shall bear following responsibilities:
    • (1) For any other obligees demand reparation or file lawsuits against TA. Treasure Art Ltd. due to losses and damages of the bidding lots and undertake all the responsibilities to all the losses, costs, and expenses.
    • (2) For any other reasons causing the damages and losses of the bidding lots which lead to the losses of TA. Treasure Art Ltd. or other obligees total losses and all the costs and expenses.
    • (3) For any other insurers notifying listed compensation by this article.
    Article XXVII Disclaimer During the period that bidding lots preservation in TA. Treasure Art Ltd., if there is any losses and diminishes caused by its natural consumption, TA. Treasure Art Ltd. will not bear any responsibilities. Article XXVIII Insurance Compensation If there is any damage leading to losses and diminishes of the bidding lots covered by insurance purchasing by TA. Treasure Art Ltd. for bidding, it will be taken care of in accordance with the insurance laws and regulations of the Republic of China (Taiwan). TA. Treasure Art Ltd. will return the insurance compensation after deducting its costs and expenses to the consignors after receiving compensation from the insurance company.
  • Article XXIX

    Deliver Amount of Closing Price

    TA. Treasure Art Ltd. will comply with the regulations of the entrusting contract to pay consignors in New Taiwan Dollars within thirty days after receiving buyers’ full payment. The final amount paid to the consignors will be deducted from service fees, insurance fees, cataloguing fees, other regulatory fees and taxation in accordance with the closing price.
  • Article XXX

    Deal Withdrawal

    If buyers cannot fulfill payment of the closing price sixty business days after the auction, consignors can issue a notification in written form to withdraw the deal. If TA. Treasure Art Ltd. confirms not to be able to receive full payment from buyers, TA. Treasure Art Ltd. will have the right to cancel this deal and notify the consignors to get the lots back or to negotiate with TA. Treasure Art Ltd. for future bids.
  • Article XXXI

    Obtaining Bidding Lots

    If the bidding lots does not call for bidding, consignors withdraws bidding lots, bidding lots cannot fulfill or the deal is cancelled by TA. Treasure Art Ltd. or consignors, consignors should come to the designated venue to pick up bidding lots by themselves thirty days after receiving TA. Treasure Art Ltd.’s notification. All packing and transporting costs and expenses are at consignors’ costs. Consignors also need to pay for unsuccessful deal’s service fees to TA. Treasure Art Ltd. and other fees. If consignors do not get the bidding lots back within expiration date, the entrusting contract between TA. Treasure Art Ltd. and consignors will be terminated on the expiration date. After the expiration date, all the risks and expenses will be at consignors’ costs. Sixty days after the expiration date without claimant, TA. Treasure Art Ltd. has the right to auction the lots publicly or sell the lots in an appropriate way which TA. Treasure Art Ltd. recognizes. After the deduction of all losses and costs (preservation fees, insurance fees, transporting fees, and notarial fees), if there is any remaining amount, consignors can claim it back without any interests. If consignors request TA. Treasure Art Ltd. to assist to return their bidding lots, regardless of postponement or expiration, the risks and fees for returning will be at the consignors’ expenses. Unless consignors specifically request to pay for the insurance fees by themselves, TA. Treasure Art Ltd. will not insure for the lots for returning transporting.

IV Others

  • Article XXXII
    If the third party has any doubts or questions to its legitimacy of the bidding lots and asks TA. Treasure Art Ltd. to suspend bidding, the third party must present a written certificate issued by the judiciary forty-eight hours prior to the auctions. After the approval of TA. Treasure Art Ltd. and submitting
    guarantee deposits according to TA. Treasure Art Ltd.’s regulations, the third party must sign a written form to take the legal responsibilities for all the losses caused by the suspension of the auction.
  • Article XXXIII
    Any disputes arising from this auction held by TA. Treasure Art Ltd. may be governed by applicable laws and regulations of the Republic of China (Taiwan). The parties hereby submit and consent to the non-exclusive jurisdiction of the Taiwan Taipei District Court.
  • Article XXXIV

    Regulations Amendment and Date of Implementation

    TA. Treasure Art Ltd. reserves the rights to amend or revise the regulations and immediately applies the latest version of the revision of the regulations. If the regulations are amended, TA. Treasure Art Ltd. will announce them in time and in the proper manners considered by TA. Treasure Art Ltd.. All parties shall pay attention to this. TA. Treasure Art Ltd. has the rights not to inform all parties individually.
  • The regulations are in effect starting from Dec 1, 2018.