Ava Auctions

Ava Auctions

Conditions of Sale

1. The auction takes place publicly. The placing of a bid constitutes acceptance in full of these Conditions of Sale by the bidder.

2. Ava Auctions Limited (Ava Auctions) is acting as agent for the respective sellers of the lots in the auction. All lots are offered subject to a reserve, below which the lot will not be sold.

3. The highest bidder acknowledged by Ava Auctions shall be the buyer (provided the lot's reserve is met). A buyer's premium of 20% shall be added to the hammer price of each lot.

4. Ava Auctions has the right to reject any bid, to advance the bidding at its discretion, to withdraw or divide any lot, to combine any two or more lots, to deviate from the lotting order, and in the event of a dispute, to determine the successful bidder, to continue the bidding, or to reopen the lot. Ava Auctions' decision in such case shall be final and binding. Ava also has the right to refuse entrance to the auction to any person without giving any reason, as well as to require any person to leave the auction.

5. Ava Auctions will execute written bids submitted prior to the auction and, in its discretion, bids provided to it by telephone before the auction (which should be confirmed in writing), but it and its staff shall not be responsible for any failure or error in executing such bids. In the event Ava Auctions receives identical bids for a lot, the first bid received shall be the successful bid. No "buy" bids will be accepted.

6. A bidder acting as an agent on behalf of a third party must advise Ava Auctions of this prior to the auction and shall be responsible for all purchases made on behalf of his clients unless otherwise agreed to in writing by Ava Auctions prior to the auction. Ava reserves the right to require agents to provide proof of their authority and to reject any bids from the agent.

7. Ava Auctions will endeavor to accommodate those bidders who wish to bid by telephone, subject to staff availability. Interested bidders should make arrangements with Ava Auctions at least 48 hours prior to the auction. Ava Auctions and its staff will not be responsible for any failure or error in executing telephone bids.

8. The lots offered in the auction catalogue can be inspected by potential bidders prior to the auction at public viewing as set forth in the auction catalogue. Viewers will be responsible for any damage caused by them in the viewing.

9. The sale shall be conducted in Hong Kong dollars. Any currency converter at the auction is for general reference and convenience only. Ava Auctions shall not be responsible for any error or inaccuracy on the currency converter.

10. Payment of lots is due within 5 days from the auction date, except in the case of postal or other bids that Ava Auctions executes on behalf of bidders not present at the auction, such payment is due on presentation of Ava Auctions' invoice for the lots. Lots will not be given or sent to buyers until payment in full. All amounts and invoices are payable in Hong Kong dollars. Foreign currencies will be accepted only if agreed to by Ava Auctions and in such case the buyer shall pay all bank charges and bear any costs arising from exchange rate differences.

11. All invoices that are not paid within 14 days after the auction shall be subject to a 5% late fee and shall also bear interest at the rate of 2% per month from the date of the auction. If lots are not paid for in full within 30 days after the auction, Ava Auctions shall have the right to exercise one or more of the following rights and remedies: (a) to cancel the sale. (b) to resell the lots at public or private sale, with the defaulting buyer to be responsible for any loss from the resale and all costs and expenses in connection therewith, (c) to apply any amounts received from the buyer or owing to the buyer from Ava Auctions against the amounts owing to Ava Auctions, or (d) to sue the buyer for breach of contract. The buyer shall be responsible for all costs and expenses, including legal fees and collection costs, incurred by Ava Auctions in collecting on defaulted invoices and delinquent accounts.

12. The descriptions in the catalogue are statements of opinion and do not constitute any guaranty or warranty. The buyer may return any lot that is misdescribed, so long as the buyer notifies Ava of his intention to return the lot and the reason for the return within 7 days of his receipt of the lot (but in no event later than 30 days after the auction), so returns the lot within 7 days thereafter and the lot is received by Ava Auctions in its original condition and has not been altered. If Ava Auctions disagrees with the proposed return, the item may, at Ava Auctions option, be submitted for expertisation in accordance with clause 13 at the buyer's expense (except if the item receives a negative opinion, the buyer shall not
    be responsible for such expertisation cost). Notwithstanding the foregoing, lots that are illustrated in the catalogue may not be returned for centering, margins, short or blunted perorations, or other details visible from the illustration, nor may lots be returned because the colour does not match the colour reproduction in the auction catalogue or on the website. Lots described as having any fault or defect also may not he returned for any faults that were not described. No lots may be returned for any reason whatsoever after thirty (30) days from the auction, except for lots put on extension per clause 13. In addition, the following lot may not be returned for any reason: (a) lots containing 5 or more stamps or items (other than a set of stamps) and (b) lots offered "as is ".

13. The buyer may only return a lot on the basis that it is not genuine if the item is placed on extension and the item receives an opinion that it is not genuine from the expertiser, all in accordance with this clause. Buyers who wish to get an expert opinion on an item must (a) notify Ava Auctions in writing within 20 days after the auction that the item is to be expertised and any expert that the buyer proposes the item to be submitted to, and (b) pay for the lot in full at the time of the expertisation request. The items will be submitted to an expert chosen by Ava Auctions in consultation with the buyer for expertisation under this clause 13. The buyer shall be responsible for all costs for the expert opinion, except if the item receives an adverse opinion and the sale is cancelled. If the expert issues an adverse opinion that the item is not as described in the auction catalogue, the sale will be cancelled and the buyer will be refunded the purchase price (hammer price plus buyer's premium) for the lot. Lots containing 5 or more stamps or items (other than a set of stamps) and lots offered “as is” may not be returned for any reason as provided in Clause 12. Items with an expert certificate dated within the last five years are not subject to return for reason of genuineness or any other reason, nor will any item described as have any fault or defect be returnable for any faults mentioned in the expert opinion that were not described. No lot will be accepted as a return from expertisation if the item is indelibly marked as altered or fraudulent by the expertiser.

14. A lot is at the buyers risk at and from the time the lot is knocked down to the buyer at the auction, but title (ownership) shall not pass to the buyer until payment in full. Lots may be picked up at Ava Auctions' offices the first business day after the auction during normal business hours. Lots sold to postal or other bidders not present in person at the auction will be sent by courier service, registered mail or other means at the buyer's risk and expense. Lots that are not collected within 30 days after the auction shall be assessed storage charges.

15. If a lot description is also provided in Chinese, the Chinese description is for general reference and convenience only. The Chinese descriptions are not complete and do not necessarily reference faults and other condition issues. Potential bidders are encouraged to carefully review the English descriptions, which are the official catalogue descriptions, and no lot may be returned because of any omission, inaccuracy or error in its Chinese description.

16. Ava Auctions' liability to any buyer, bidder or potential bidder is limited to refunding the purchase price for misdescribed and not genuine items under and in accordance with clauses 12 and 13. Any claim against Ava Auctions or the seller of a lot thereunder is limited to the purchase price (hammer price plus buyer's premium) for the lot. Neither Ava Auctions nor the seller of a lot shall under any circumstances be liable for any consequential losses.

17. These Conditions of Sale and the respective rights and obligations of the parties shall be governed and construed in accordance with Hong Kong law, and the buyer (including for such purposes agents) hereby submits to the non-exclusive jurisdiction of the Hong Kong courts.

18. In case of any difference between these Conditions of Sale (in English) and the Chinese translation, the English version shall prevail.

© Ava Auctions Limited 2022
All rights reserved.

GENERAL NOTES

VIEWING Lots may be viewed at our premises at Unit 1501, 15/F, Hong Kong Trade Center, 161-167 Des Voeux Road Central, Hong Kong, by appointment. It will be necessary for clients to state in advance which lots they wish to view. Please telephone 852-2119 1123 for viewing appointment. There will be no viewing on the day of the sale.

VALUES Please note that the estimates quoted are our estimates of the current market price of the lots on the Hong Kong market. These are estimates only and it may be that any particular lot may sell well below or well above estimate. Bids at less than our start prices are respectfully declined.

BIDDING Floor bidding will be in Hong Kong dollars. When entering the auction room you will be given a numbered card which will be registered against your name. Please hold this card up when bidding, when you have made a successful bid the auctioneer will call out your bidder's number to confirm that the lot has been sold to you. Bid stages will normally be as follows but may be altered by the auctioneer at his discretion. Postal/telephone/fax/e-mail bids received in odd values will be reduced to the nearest bid stage.

BIDDING INCREMENTS

$500 to $2,000 by $100 stages

$2,000 to $6,000 by $200 stages

$6,000 to $10,000 by $500 stages

$10,000 to $20,000 by $1,000 stages

$20,000 to $60,000 by $2,000 stages

$60,000 to $100,000 by $5,000 stages

$100,000 to $200,000 by $10,000 stages

$200,000 to $600,000 by $20,000 stages

$600,000 to $1,000,000 by $50,000 stages

$1,000,000 and up at Auctioneer's discretion

PAYMENT Payment is due on presentation of invoice, cheques must await clearance from our bankers before delivery of lots unless the client already has an approved credit account with us. Postal bidders will normally be sent a proforma invoice for settlement before delivery of lots. Outstanding accounts over 30 days will be charged interest at the rate of 2% per calendar month.

CREDIT CARD PAYMENT are subject to a 3% charge.

VENDORS Payment to vendors cannot be made until such time as the purchaser has paid in full.

Vendors are requested to note that lots withdrawn after the catalogue has been produced or after despatch of proofs to our printers will be subject to commission at 20% of estimate or reserve.

COLLECTION/DELIVERY OF LOTS Lots will not be available for collection from the auction room. Buyers who have made successful purchases at the auction may collect their purchases from our offices from the day following the auction. Lots purchased by overseas postal/telephone/fax/ e-mail bidders will be dispatched as soon as practical.
 

FOREIGN EXCHANGE

USD1 = HKD7.80

The Hong Kong dollar was originally set at a rate of 7.8 per US dollar, although it has been allowed to trade between 7.75 and 7.85 per US dollar since 2005. The exchange rate is provided for your easy reference only. We accept no responsibility for any risks arising from its fluctuation and forex control.

BANK INFORMATION

Bank Name: The Hongkong and Shanghai Banking Corporation Limited

Account Name: Ava Auctions Limited

Account No.: 741-539191-838

Address: 1 Queen's Road Central, Hong Kong

Swift Code: HSBCHKHHHKH

Please add HK$250 to cover bank charges, plus any additional fee imposed by your bank.

拍賣規則

1. 拍賣會公開舉行。競買人以任何方式對拍品出價，均被視爲完全接受本競拍規則。

2. 艾華拍賣有限公司 (以下稱為艾華拍賣）是作為各個拍品賣家的代理商。所有的拍品都有一個保留價，拍品不會以低于其保留價的價格售出。

3. 艾華拍賣承認的最高出價者就是拍品的買家（前提是售價不低于拍品的保留價）。買家須額外支付落槌價格的20%作為佣金。

4. 艾華拍賣有權拒絕任何競標，有權自行推進競標，有權撤銷或分拆任何拍品，有權合并兩件或更多的拍品，有權改變拍品的順序，以及有權在出現糾紛時裁決成功的競拍者，有權決定繼續競拍，或者重新競拍。艾華拍賣的裁決是最終的並有約束力。艾華拍賣有權不作出任何理由就拒絕任何人參加或進入拍賣會，並且有權要求任何人離開拍賣會。

5. 艾華拍賣將會執行在拍賣會之前遞交的書面投標，以及在拍賣會前的電話競標（需書面確認），但是艾華拍賣以及它的員工將不會對此類競標的任何執行錯誤承擔責任。同一拍品當艾華拍賣收到多個相同的競標時，最先收到的將視爲成功的競標。不接受任何 “必買”競標。

6. 作為第三方代理人的競標者必須在拍賣會前知會艾華拍賣，代理人須為代表其客戶作出的購買行為負責。艾華拍賣保留要求代理人提供授權證明以及拒絕代理人投標的權利。

7. 艾華拍賣將會根據員工數量盡力照應希望通過電話競標的競標者。有興趣的競買人須至少提前24小時與艾華拍賣作出有關安排。艾華拍賣以及它的員工將不會對電話競標的任何執行錯誤承擔費任。

8. 拍品目錄中提供的拍品會在拍賣會之前的公開預覽時間内供潛在競標者檢查。預覽者將會對任何其引起的損壞負責。

9. 拍賣將以港幣結算。拍賣會的任何貨幣換算，僅作参考之用。艾華拍賣不會對任何貨幣換算錯誤或不準確負責。

10. 買家須在拍賣日5天內付款，不在拍賣現場的競標者，並由艾華拍賣代為執行其郵寄或其他形式投標的，須在收到艾華拍賣的發票時付款。在全額付款前，競拍品將不會給予或寄給買家。其它貨幣在得到艾華拍賣同意後方可接受，在這種情況下，買家須支付所有銀行費用以及承擔任何因匯率差異引起的費用。

11. 從拍賣日起14天内未付的發票將會被收取5%的費用，以及承擔自拍賣日起每月2%的利息。如果拍品在拍賣日起30天内未被全額付清，艾華拍賣有權執行以下一種或幾種權利和補救措施：(a) 取消出售，(b) 重新公開或非公開出售此拍品，違約買家將承擔所有重新拍賣的損失以及其間的所有費用和支出，(c) 把從買家處收到的款項或艾華拍賣欠買家的款項用于償還買家欠艾華拍賣的款項，(d) 控告買家違約。買家將承擔所有費用和支出，包括訴訟費用以及拖欠款項時引發的費用。

12. 拍品目錄中對拍品的描述是客觀陳述，並非鑒定保證。買家可以退回描述錯誤的拍品，但要在收到拍品7日之内，把退回拍品的意愿和理據告知艾華拍賣（在任何情況下，都不能超過拍賣日起30天），並在7日之内將拍品退回到艾華拍賣，買家有責任確保拍品保持原狀、未被改變。如果艾華拍賣不同意買家提出的退回要求，艾華拍賣可以選擇按照條款13將拍品送交專家鉴定，買家須承擔費用（如果專家對拍品持否定意見，則買家不必承擔鑒定費用）。然而，在拍賣目錄中或網站上制圖的拍品，不得因為在圖樣中可見的細節而被退回，拍品也不可因為實際顏色與拍賣目錄或網站上的照片中的顏色不符而被退回。被描述為有缺點或瑕疵的拍品也不可以因為未被描述的瑕疵而被退回。自拍賣日起30天後，除了依據條款13等待鑒定意見的拍品以外，任何拍品都不能因為任何原因在被退回。另外，下列拍品不能因為任何原因被退回：(a) 除了全套郵票之外，單項包含5件或以上的拍品，(b) 註明不保真的拍品。

13. 單項拍品，只有在按照本條款程序被專家鑒定不是真品，方可退囘。買家如果希望提交拍品予專家鉴定，必須 (a) 在拍賣之日起20天内書面通知艾華拍賣；(b)在要求專家鑒定前支付拍品全部金額。艾華拍賣將在與買家協商選擇做鑒定的專家，除非專家對拍品出具否定意見，買家須承擔專家鑒定的所有費用。如果專家給出否定的鑒定意見，指出物品與拍品目錄中所描述的不符，此項銷售將會被取消，買家將得到此拍品的全額退款（落槌價以及買家佣金）。但條款12中所規定 (a) 除了成套郵票之外，單項包含5件或以上的拍品，(b) 註明不保真的拍品，均不能以任何原因退回。本身已具有鑒定證書的拍品不能因為真僞問題或其他任何原因被退回。被描述為有缺點或瑕疵的物品不能因為專家鑒定中提到的未被描述到的問題而被退回。

14. 拍品在拍賣會被“落槌”給買家的時候起，拍品由買家承擔風險，但是拍品的所有權在買家全額付款前不會轉移給買家。拍品可於拍賣會後的第一個工作日起在辦公時間內到艾華拍賣的辦公室提取。售給郵寄投標或其他不在拍賣會現場的投標者的拍品將會通過快遞、掛號信或其他買家指定的方法寄出，由買家承擔風險和費用。自拍賣會之日起30天之内未被提取的拍品將會被收取儲存費用。

15. 如果拍品同時有中文譯本撮要，只是作為參考。撮要通常不包括拍品的瑕疵和其他品相問題，請仔細檢閱作為官方目錄描述的英語描述，任何拍品都不能因為中文描述中的任何遺漏、不準確或錯誤而被退回。

16. 艾華拍賣對任何買家，競標者或潛在競標者的責任僅限于對根據條款12和條款13中被錯誤描述的和不是真品的拍品退款。所有對艾華拍賣的賠款要求僅限于拍品的購賈價格（落槌價加上買家費用）。艾華拍賣在任何情況下都不對任何引發的損失負責。

17. 這些拍賣規則和各方相應的權利與義務受到香港法律的約束和監管。

18. 如果英文版的拍賣規則與中文版翻譯有任何不同，以英文版為準。

©艾華拍賣 保留版權 2022

Ava Auctions