Fine Chinese & Asian Works of Art

Terms & Conditions of Auction Sale By participating and/or bidding at the auction sale through Liveauctioneers brought up by Zanaba Pte Ltd (‘Zanaba’) as agent, the buyer agrees or is deemed to agree to be bound by the following terms and conditions of auction sale: 1. Zanaba As Agent Except as otherwise stated, Zanaba acts as agent for the seller. The contract for the sale of any auction lot (‘Lot’) is therefore made between the seller of the Lot (‘Seller’) and the buyer of Lot. 2. Before Auction Sale (‘Sale’) (a) Registration Prospective buyers are required to register for Sale through Liveauctioneers. Prospective buyers must first register to become a member of Liveauctioneers before being able to register for purchase in Sale. It is the responsibility of any prospective buyer to register as a member of Liveauctioneers. Zanaba will not accept any bids from any prospective buyer who is not registered with Liveauctioneers and/or who is not registered for Sale on Liveauctioneers. (b) eCatalogue, Descriptions, Images, etc. All statements, descriptions, explanations, images, photographs or otherwise provided by Zanaba of any Lot in the eCatalogue; in the condition report; or made orally or in writing elsewhere; or otherwise are solely statements of opinion and/or are not to be relied on as statements of fact or otherwise and/or to attract liability on the part of Zanaba or Seller. Such statements, descriptions, explanations, images, photographs or otherwise are made or given on a goodwill basis and without assuming legal liability to the buyer and the same do not constitute any representation, warranty or assumption of liability by Zanaba and/or Seller of any kind to the buyer. References of any damage, repair or restoration of any Lot in the eCatalogue or in the condition report or otherwise are for mere information only and Zanaba and/or Seller are not to be held liable in respect thereof. The absence of such a reference or the absence or lack of images or photographs does not imply that any Lot is free from defects, damages, repairs or restoration for the Lot in question or any particular areas or part of such Lot, nor does a report, image(s) or photograph(s) to particular defects, damages, repairs or restorations imply the absence of any others for such Lot or other parts or areas of such Lot not mentioned/referred to or taken by way of photographs by Zanaba or Seller to show or disclose to buyer. Buyers accept that photographs furnished to them may not accurately reflect the actual color or tone of color of Lot or its patina. Buyer agrees that Zanaba or Seller is not responsible in any way for any errors, wrong descriptions and/or omissions for any materials, photographs or contents in the eCatalogue, condition report or otherwise. The copyright in all images, illustrations and written material produced by or for Zanaba or Seller relating to any Lot including the contents of this eCatalogue, is and shall remain at all times the property of Zanaba or Seller and shall not be used by the buyer, nor by anyone else, without Zanaba’s/Seller’s prior written consent. Zanaba and Seller make no representation or warranty that the buyer of any Lot will acquire any copyright or other reproduction rights in it. (c) Buyer’s Responsibility All Lots in the eCatalogue are sold on a ‘as is and where is’ basis with any defects, damages, repairs or otherwise and neither Zanaba nor Seller makes any representation or warranty, expressed or implied, as to the merchantability, fitness for a particular purpose or condition of the Lot or as to the correctness of description; authenticity; size; quantity; quality; weight; purity/pureness; material; color/tonality of any photographs or of Lot; attribution; provenance; place of origin; period/age; any explanation given; or otherwise of the Lot. Before buying, all buyers are responsible to check, verify and satisfy themselves or to engage their own independent experts to do so concerning the condition or otherwise of any Lot and/or for the matters referred to in the eCatalogue, condition report or otherwise. After purchase, the buyer waives or shall not raise issue with Zanaba or Seller over the Lot or any matters in respect of or in connection with the Lot (including particularly the state and condition of the Lot and/or the description or wrong description and/or age/period given for the Lot). Due to the ‘online-auction-only’ nature, prospective buyers may wish to make physical examination either personally or by their said experts any Lot in which they are interested before the auction takes place. To do so, prospective buyers are required to make prior appointment with Zanaba for examination at a place designated by Zanaba. Zanaba would try to grant such appointment in their utmost ability and circumstances but failing to do so for any reasons shall not attract liability on Zanaba and/or Seller and buyers must assume all risks if they still wish to purchase any Lot without physical examination. (d) Condition Report No condition report will be provided for any Lot which has estimate below the amount of Singapore Dollars (SGD) $500. Subject as provided, Zanaba will do its utmost to provide condition report but failing to do so for any reasons will not attract liability on Zanaba and/or Seller and buyers must assume all risks if they still wish to purchase any Lot. (e) Estimation of Prices Any pre-sale estimations of the price of any Lot given in eCatalogue are merely Zanaba’s approximate estimation and do not necessarily reflect the true market value of the Lot and buyer must make their own assessment and judgment or seek independent valuation before buying and buyer will not hold Zanaba and/or Seller liable in respect of or in connection with the said pre-sale estimations for any reasons whatsoever. Buyer accepts that the actual price sold for any Lot may well be less than or more than any estimate provided by Zanaba. (f) Withdrawal of Lot Prior to Sale Zanaba reserves the right to withdraw any Lot at any time before the Sale or during bidding. Unless otherwise announced or notified by the auctioneer at the time of sale, all bids are per Lot as numbered in the eCatalogue and no Lot shall be divided for sale. 3. During Sale (a) Currency of Bids All bids placed are in Singapore Dollars (S$). A currency converter may be provided to buyers but buyers must accept that the information given therefrom may be inaccurate, wrong or otherwise because of currency fluctuations or for any other reasons whatsoever and Zanaba and/or Seller or auctioneer cannot be held liable therefor. Buyers to rely on his/her own calculations for currency conversion. (b) Bidding as Principal When making a bid for any Lot in the eCatalogue, the buyer as bidder is accepting personal liability to pay the purchase price of the Lot he/she has purchased, including the buyer’s premium charges, Liveauctioneers’ commissions/charges and any applicable taxes, levies, charges or otherwise payable for the Lot in Singapore or the place of importation by buyer. (c) Live Online Bids Prospective buyers are welcome to bid Live on Liveauctioneers. However, Zanaba and/or Seller and/or Liveauctioneers shall not be held responsible for any missed bids or failure to acquire the Lot resulting from any technical errors (including equipment failure, poor or failed Internet service, power outage, software malfunctions, etc.) or for any reasons whatsoever concerning the execution of live online bids through Liveauctioneers. (d) Online Absentee Bids Prospective buyers may submit online absentee bids via Liveauctioneers prior to Sale. Any online absentee bids shall be carried out by Liveauctioneers during the live online sale and Zanaba and/or Seller and/or Liveauctioneers do not accept liability for any failure to execute such absentee bids via Liveauctioneers. The withdrawal of any online absentee bid via Liveauctioneers is subjected to Liveauctioneers’ approval and their rules. Zanaba, Seller and/or Liveauctioneers will not be held responsible for any failure to withdraw such online absentee bid in time by Liveauctioneers and buyer is nevertheless liable to pay for Lot. (e) Reserves Unless otherwise indicated, all Lots are offered subject to a reserve, which is the confidential minimum price below which the Lot will not be sold. The absence of indication that a Lot is subjected to a reserve does not imply that such Lot is without any reserve. (f) Bid Increments During Sale, the auctioneer may adopt the following bid increments for the Lots: From (S$) Increment (S$) 0-100 10 100-500 25 500-1,000 50 1,000-2,000 100 2,000-5,000 250 5,000-10,000 500 10,000-20,000 1,000 20,000-50,000 2,500 50,000-100,000 5,000 100,000 and above 10,000 (g) Auctioneer’s Discretion and Zanaba’s Decision The auctioneer has absolute and sole discretion to refuse any bid; to advance the bidding in such a manner as the auctioneer may decide; to withdraw any Lot; to determine the successful bidder in the case of error or dispute whether during or after the Sale; to cancel the Sale at any point during the Sale; and/or to reoffer and resell any Lot unsold or in dispute. If any dispute arises during and after Sale, the decision of the auctioneer is final and conclusive and the buyer cannot hold Zanaba and/or Seller and/or Liveauctioneers liable therefor. Notwithstanding the discretion, action, decision or otherwise of Liveauctioneers as stated above, Zanaba has overriding decision not to sell the Lot and the buyer cannot hold Zanaba and/or Seller and/or Liveauctioneers liable therefor. At any times before or after Sale, any and all of the Terms and Conditions of Auction Sale may be waived or modified in the sole and absolute discretion of Zanaba. (h) Successful Bid and Passing of Risk Subject to the auctioneer’s discretion and as aforesaid, the highest bidder for any Lot accepted by the auctioneer will be the buyer and the eNotification marks the acceptance of the highest bid and the conclusion of a contract for sale between Seller and buyer and thereafter, all risks and responsibilities for the Lot passes to the buyer. 4. After Sale (a) Buyer’s Premium and other charges In addition to the sale price, the buyer agrees to pay Zanaba a buyer’s premium of 17% on the sale price for Lot; 3% Liveauctioneers online charges on the sale price for Lot; Government Service Tax (‘GST’) / Value Added Tax (‘VAT’), if applicable; or any other levies, taxes, charges, impositions or otherwise which may be payable in Singapore or the country of import designated by the buyer. All buyer’s premium and sale price of any Lots shall be paid in Singapore Dollars (S$) and in the manner stipulated by Zanaba. (b) Payment and Passing of Title Following Sale, the buyer must pay all amounts due in full within 5 working days from the date of Sale. This is so even if the buyer wishes to export the Lot(s) out of Singapore. The buyer will not acquire title at all to any Lot until and unless all amounts due and payable are remitted by buyer and received by Zanaba. (c) Payment Methods Zanaba accept the following payment methods: (i) Cash in Singapore Dollars (S$); (ii) Paypal Transfer (for amount not exceeding S$1,000); and (iii) Bank Wire Transfer (N.B. Please contact Zanaba at info@zanaba.com for bank details). (d) Collection of Purchases Subject to buyer’s payment, the buyer to collect the Lot within 5 working days from the date of Sale from Zanaba for any Lot purchased by buyer. It is agreed that Zanaba shall be entitled to retain or withhold from releasing any Lot sold to buyer until and unless all amounts due and payable are remitted by buyer and received by Zanaba and that the risks pertaining to such Lot shall pass and remain with buyer after Sale and pending payment and collection of the such Lot. Where purchases are not collected within 5 working days from the date of Sale, whether or not payment has been made, Zanaba shall be permitted to remove the relevant Lot to a third party warehouse at the buyer’s expense, and only release the same after buyer made payment in full to Zanaba of the amounts due as stipulated before including charges for removal, storage, handling, insurance and any other costs and charges incurred by Zanaba as a result of the delay or failure to collect by buyer. (e) Shipping, Packing and Handling It is buyer’s responsibility to arrange for shipping of any Lot purchased to the place of importation designated by buyer and such responsibility to include payment for shipping, handling, packing and insurance and other charges applicable in Singapore and the said place of importation by buyer. Zanaba can provide shipping quote if buyer makes request. Zanaba and/or Seller shall not be held responsible to the buyer for the acts, omissions, negligence or otherwise of shipper, carriers or packers or otherwise (whether or not recommended by Zanaba) and/or for any loss or damage to any Lot caused by them or otherwise. Buyer to pay to Zanaba or as directed by Zanaba the aforesaid charges for shipment before any Lot were to be shipped. Packing and handling of any Lot by Zanaba is at the entire risk of buyer and Zanaba shall not be liable for any loss or damage to any Lot. (f) Export License and Import Tax & Restrictions It is the buyer’s responsibility to apply for any applicable export license (including CITES, handling and administrative charges or any other expenses of the competent authorities and/or service provider in connection therewith) to export out of Singapore or for import license to the said place of import designated by buyer and such license can be in any name or description given by the country concerned. The fact that the buyer wishes to apply for any import or export licenses shall not in any way delay, affect or discharge the buyer’s obligation to pay within the said 5 days nor Zanaba’s right to charge interest as mentioned below or storage charges for late or non-payment/collection. (g) Remedies for Non-Payment If the buyer fails to make full payment as required herein and Zanaba did not receive the same within the time required by Paragraph 4(b) above, Zanaba shall be entitled in its absolute discretion to exercise one or more of the following rights or remedies (in addition to asserting any other rights or remedies available to Zanaba and/or Seller by Singapore Law): (i) to charge interest at 1.5% per month on the sale price of the Lot in question; (ii) to hold the defaulting buyer liable for the total amount due and to commence legal proceedings for its recovery together with interest, incidental charges and expenses and legal fees and costs on a full indemnity basis and any other payments to the fullest extent permitted under Singapore Law; (iii) to cancel the sale of such Lot; (iv) to resell the Lot publicly or privately on such terms as Zanaba shall think fit; (v) to forfeit any amount placed with Zanaba by buyer in part payment to Zanaba or Seller (but this is without prejudice to Zanaba and Seller to claim for the balance amount due and owing by buyer); (vi) to reject at any future auction any bids made by or on behalf of the buyer or to obtain a deposit from the buyer before accepting any bids; and (vi) to take other action(s) as Zanaba in its absolute discretion deems necessary or appropriate. 5. Applicable Law The rights and obligations of the parties with respect to these Terms and Conditions of Auction Sale, the conduct of the auction and any matters in respect of or in connection with any of the foregoings shall be governed by and interpreted in Singapore law and the said parties shall submit to the jurisdiction of the Singapore Courts. If any part of the said Terms and Conditions is held to be invalid, illegal or unenforceable, that part shall be disregarded and not affect the rest of the said Terms and Conditions which shall apply or continue to apply to the fullest extent permitted by Singapore Law. For service of legal process on buyer who has a foreign address not in Singapore, the buyer authorizes service of legal process on buyer at the address of Zanaba and service effected in such manner shall be valid and legal for all intents and purposes and fully discharged the service obligations by Zanaba and/or Seller in any legal proceedings.

Local Taxes Might Apply. Please refer to Terms Conditions Section 4(a) for more information.