HD ASIAN ART LTD - TERMS AND CONDITIONS OF SALE
All Sales are Final. The Sales of Goods Act does not apply to this auction.
By submitting your bid, you agree that you have read and agree with the Auctioneer Terms and Conditions below and the Invaluable Terms of Use Agreement
Please read the Terms and Conditions carefully as they constitute a legally binding contract between the Seller and HD ASIAN ART LTD. HD ASIAN ART LTD will not accept any alterations of these Terms and Conditions or any variation unless they have been agreed in writing by HD ASIAN ART LTD.
1. Definitions.
In these Conditions HD ASIAN ART LTD, who act as auctioneers and agents for the vendor, are called "the Auctioneers", and the representative of HD ASIAN ART LTD conducting the auction is called "The Auctioneer".
2. General.
Whilst HD ASIAN ART LTD makes every effort to ensure the accuracy of their catalogue and the description of any lot:
(a) Each lot as set out in the catalogue or as divided or combined with any other lot or lots is sold by the vendor with all faults, imperfections and errors of descriptions.
(b) HD ASIAN ART LTD do not accept responsibility for the authenticity, attribution, genuineness, origin, authorship, date, age, period, condition or quality of any lot, unless they have been instructed in writing by the vendor so to certify, and in such case the Auctioneers do so as agents of the vendor and are not themselves responsible for such claims.
We strive to provide accurate, objective and fair information on all lots for sale, and we happily supply condition statements as a courtesy to our clients. Please keep in mind that any condition statement is merely an opinion, not a statement of fact, and all lots are sold "as is." HD ASIAN ART ltd shall have no responsibility for any error or omission and neither HD ASIAN ART ltd nor any consignor makes any warranties or representation of any kind or nature with respect to the property, and in no event shall they be responsible for the correctness, nor deemed to have made any representation or warranty, of description, genuineness, authorship, attribution, provenance, period, culture, source, origin, or condition of the property and no statement made at the sale, or in the bill of sale, or invoice or elsewhere shall be deemed such a warranty of representation or an assumption of liability
(c) All statements, whether printed in the catalogue or made orally, as to any of the matters set out in (b) above are statements of opinion only and are not to be taken as being or implying any warranties or representations of fact by HD ASIAN ART LTD, unless they have been instructed in writing by the vendor so to certify, and in such case the Auctioneers do so as agents of the vendor and are not themselves responsible for such claims.
3. The Auction.
(a) The Auctioneer has absolute discretion to divide any lot, to combine any two or more lots or to withdraw any lot or lots from the sale, to refuse bids, regulate bidding or cancel the sale without in any case giving any reason or without previous notice. He may bid on behalf of the vendor for all goods which are being offered subject to reserve or at the Auctioneer's discretion.
(b) The highest bidder shall be the buyer except in the case of a dispute. If during the auction the Auctioneer considers that a dispute has arisen, he has absolute discretion to settle it or to re-offer the lot. The Auctioneer
may at his sole discretion determine the advance of bidding or refuse a bid.
(c) Each lot is put up for sale subject to any reserve price agreed by HD ASIAN ART LTD and the vendor.
(d) All conditions, notices, descriptions, statements and other matters in the catalogue and elsewhere concerning any lot are subject to any statements modifying or affecting the same made by the Auctioneer from the rostrum prior to any bid being accepted for the lot.
4. Default.
HD ASIAN ART LTD disclaim responsibility for default by either the buyer or the vendor because they act as agents for the vendor only and therefore do not payout to the vendor until payment is received from the buyer at minimum fourteen days after the buyer receives their winning lots.
BUYERS CONDITIONS
Below are the Terms and Conditions for purchasing in our Auctions. They form a legally binding agreement.
12. Registration.
(a) You are required to register with HD ASIAN ART LTD to participate and bid in any Live / On-line Auction. This must be through the 51BidLive.com website.
13. Inspection.
Each buyer by making a bid for a lot acknowledges that he has satisfied himself fully before bidding by inspection online as to all the Sale Conditions the physical condition of and description of the lot including
but not restricted to whether the lot is damaged or has been repaired or restored.
14. Proxy
Every bidder shall be deemed to act as principal unless there is in force a written acknowledgement by HD ASIAN ART LTD that he acts as agent on behalf of a named third party.
15. Delivery.
HD ASIAN ART LTD will make arrangements for lots to be delivered to the buyer upon payment from the buyer for postage and labour costs. Buyers can make their own arrangements for delivery or collection. This is at the buyers risk.
16. Agreement in its Entirety.
It is agreed that this contract between HD ASIAN ART LTD and the Seller shall be governed by the exclusive jurisdiction of the English courts, should any dispute occur between HD ASIAN ART LTD and the Buyer.
17. Removal of Goods.
No purchase shall be claimed or removed until it has been paid for and the sale has been concluded.
18. Rights to Photographs and Illustrations.
The buyer gives HD ASIAN ART LTD full and absolute right to use such photographs and illustrations of lots sold at auction at any time at its absolute discretion (whether or not in connection with the auction).
Full set of our Terms and Conditions can be found below.
Seller's Commission
HD ASIAN ART LTD charge a commision of 20% to the seller. No other fee is charged for listing, taking photos, or unsold fees. The buyer is also responsible for the cost of returning their own lots to themselves.
Price Guide
HD ASIAN ART LTD provides a description and price guide for each lot in the auction. The guides are to aid prospective bidders and as far as possible reflect prices attained by similar items in the past.
Registration
In order to bid in any HD ASIAN ART LTD it is first necessary to register. Please note that by registering you will not be obligated to make a purchase, neither will your information be passed onto any third party or used for direct marketing purposes. In the event that you are acting for a third party we will require prior written authorization from the individual or organisation. In the absence of such authorization we will assume that you are the principal and you will be invoiced for any purchases accordingly.
Reserves
The Reserve is a confidential minimum sale price which will be established between the seller and HD ASIAN ART LTD prior to the auction, below which the lot will not be sold. The reserve price will not exceed the low estimate of the lot.
Prohibition of Seller bidding
As an agent for the seller, HD ASIAN ART LTD prohibits the seller from bidding on their own property. The auctioneer is at liberty to open the bidding on any lot, and thereafter continue bidding for the seller only up to the reserve price.
The Hammer Price and the Buyer's Commission
The Hammer Price is the highest bid at the time that the hammer falls. Buyers Commission for this auction will be 0%. No Buyers commission will be charged.
Payment
Payment becomes due on the completion of the sale. HD ASIAN ART LTD reserves the right to cancel the sales if no payment is made within 5 days of the auction ending.
HD ASIAN ART LTD accepts the following methods of payment;
Cash - We are happy to accept cash but advance warning for larger amounts is appreciated.
Bank Transfer - HD ASIAN ART LTD banking details are available upon request. When transferring funds, please use the invoice number/title of lots as a reference.
PayPal – HD ASIAN ART LTD PayPal details are available upon request. When transferring funds, please use the invoice number/title of lots as a reference.
Shipping Terms:
Shipping is usually arranged by HD ASIAN ART LTD at the expensive of the buyer to include postage and labour and must be paid for before items are shipped. Buyers also can make their own shipping arrangements by notifying us in advance.
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