CONDITIONS OF BUSINESS<strong>Spink</strong> Fine Wines and Buyer hereby agree to the followingterms and conditions for auctions conducted by <strong>Spink</strong> FineWines:1 The BuyerThe highest bidder shall be the buyer at the ‘hammer price’and any dispute shall be settled at the auctioneer’s absolutediscretion. Every bidder shall be deemed to act as principalunless there is in force a writ ten acknowledgement by <strong>Spink</strong>Fine Wines that he/she acts as agent on behalf of a namedprincipal.2 The PremiumThe buyer shall pay to <strong>Spink</strong> Fine Wines a premium of 22% ofthe ham mer price on all lots.3 Bidder RegistrationBidding is strictly by paddle only. All floor bidders arerequested to register prior to bidding.4 PaymentImmediately after a lot is sold the buyer shall:-(a) give to <strong>Spink</strong> Fine Wines his name and address and, if sorequested, proof of identity: and (b) pay to <strong>Spink</strong> Fine Winesthe ‘total amount due’.5 Any payments by a buyer to <strong>Spink</strong> Fine Wines may be appliedby <strong>Spink</strong> Fine Wines towards any sums owing from that buyerto <strong>Spink</strong> Fine Wines on any account whatever without regardto any directions of the buyer or his agent, whether express orimplied.6 OwnershipThe ownership of the lot purchased shall not pass to the buyeruntil he has made payment in full to <strong>Spink</strong> Fine Wines of the‘total amount due’.7 Collection of Purchases(a) The buyer shall at his own expense take away the lotpurchased not later than 7 working days after the day of theauction but not before pay ment to <strong>Spink</strong> Fine Wines of the‘total amount due’.(b) The buyer shall be responsible for anyremoval, storage and insurance charges on any lot not takenaway within 8 working days after the day of the auction.8 Buyers responsibilities for lots purchasedThe buyer will be responsible for loss or damage to lotspurchased from the time of collection or the expiry of 7working days after the day of the auction, whichever is thesooner, and neither <strong>Spink</strong> Fine Wines nor its respective staff oragents shall thereafter be responsible for any loss or damage ofany kind, whether caused by negligence or otherwise, whileany lot is in their custody or under their control.9 Remedies for non-payment or failure to collect purchasesIf any lot is not paid for in full and taken away in accordancewith Condi tions 4 and 7. or if there is any other breach ofeither of those Condi tions, <strong>Spink</strong> Fine Wines as agent of theseller shall, at its absolute discre tion and without prejudice toany other rights they may have, be entitled to exercise one ormore of the following rights and remedies:-(a) to proceed against the buyer for damages for breach ofcontract;(b) to rescind the sale of that or any other lots sold to thedefaulting buyer at the same or any other auction;(c) to re-sell the lot or cause it to be re-sold by public auctionor private sale and the defaulting buyer shall pay to <strong>Spink</strong> FineWines any resulting deficiency in the ‘total amount due’ (afterdeduction of any part payment and addition of re-sale costs)and any surplus shall belong to the seller.(d) to remove, store and insure the lot at the expense of thedefault ing buyer and, in the case of storage, either at <strong>Spink</strong>Fine Wines or elsewhere;(e) to charge interest at a rate of not exceeding 2% per monthon the ‘total amount due’ to the extent it remains unpaid formore than 7 working days after the day of the auction;(f) to retain that or any other lot sold to the same buyer at thesame or any other auction and release it only after payment ofthe ‘total amount duel;(g) to reject or ignore any bids made by or behalf of thedefaulting buyer at any future auctions or obtain a depositbefore accepting any bids in future;(h) to apply any proceeds of sale then due or at any timethereafter becoming due to the defaulting buyer towardssettlement of the ‘total amount due’ and to exercise a lien onany property of the defaulting buyer which is in <strong>Spink</strong> FineWines’ possession for any purpose.10 Liability of <strong>Spink</strong> Fine Wines and SellersAll goods are sold “AS IS”. Illustrations in catalogues are foridentification only. Buyers should satisfy themselves prior tothe sale as to the condi tions of each lot and should exercise andrely on their own judgment as to whether the lot accords withits description.11 Unsold Lots<strong>Spink</strong> Fine Wines reserves the right to charge commission upto one- half of the ‘stated rates’ calculated on the ‘reserveprice’ and in addition ‘expenses’ in respect of any unsold lots.12 <strong>Spink</strong> Fine Wines sells as agent for the seller and as such isnot re sponsible for any default by seller or buyer.13 Any representation or statement by <strong>Spink</strong> Fine Wines in anycatalog as to authorship, attribution, genuineness, origin, date,age, provenance, condition or estimated selling price is astatement of opinion only. Every person interested shouldexercise and rely on his own judgment as to such matters andneither <strong>Spink</strong> Fine Wines nor its respective staff or agents areresponsible for the correctness of such opinions.14 While the interests of prospective buyers are best served byatten dance at the auction, <strong>Spink</strong> Fine Wines will, if soinstructed, execute bids on their behalf, neither <strong>Spink</strong> FineWines nor its respective staff or agents being responsible forany neglect or default in doing so or for failing to do so.15 <strong>Spink</strong> Fine Wines shall have the right at its discretion torefuse admis sion to its premises or attendance at its auctions toany person.<strong>Spink</strong> Wine (01/13)
16 <strong>Spink</strong> Fine Wines has absolute discretion without givingany reason to refuse any bid, to divide any lot to combine anytwo or more lots, to withdraw any lot from the auction and incase of dispute to put up any lot for auction again.17(a) Any indemnity under these Conditions shall extend to allactions, proceedings, costs, expenses, claims and demandswhatever incurred or suffered by the person entitled to thebenefit of the indemnity.(b) <strong>Spink</strong> Fine Wines declares itself to be trustees for itsrespective relevant staff and agents of the benefit of everyindemnity under these Conditions to the extent that suchindemnity is expressed to be for the benefit of its staff andagents.18 Any notice by <strong>Spink</strong> Fine Wines to a seller, consignor,prospective bidder or buyer may be given by pre-paid mail inHong Kong or Macau or airmail outside Hong Kong andMacau and if so given shall be deemed to have been dulyreceived by the addressee one week after posting.19 These Conditions shall be governed by and construed inaccordance with Hong Kong law. All transactions to whichthese Conditions apply and all matters connected therewithshall also be governed by Hong Kong law. <strong>Spink</strong> Fine Wineshereby submits to the exclusive jurisdiction of the Hong Kongcourts and all other parties concerned hereby submit to thenon-exclusive jurisdiction of the Hong Kong courts.20 In these Conditions of business:-(a) ‘catalog’ includes any advertisement, brochure, estimate,price list and other publication; (b) ‘hammer price’ means theprice at which a lot is knocked down by the auctioneer to thebuyer; (c) ‘total amount due’ means the ‘hammer price’ inrespect of the lot sold together with any premium, andadditional charges and expenses due from a defaulting buyer inHong Kong dollars; (d) ‘sale proceeds’ means the net amountdue to the seller being the ‘hammer price’ of the lot sold lesscommis sion at the ‘stated rates . and ‘expenses’ and any otheramounts due to <strong>Spink</strong> Fine Wines by the seller in whatevercapacity and howsoever arising; (e) ‘expenses’ in relation to thesale of any lot means <strong>Spink</strong> Fine Wines’s charges and expensesfor insurance, illustrations, special adver tising, packing andfreight of that lot.21 The headings in these Conditions do not form part of theConditions but are for convenience only.NOTICEBidsIf instructed, <strong>Spink</strong> Fine Wines will execute bids, and advisethe intending purchaser. Lots will always be bought as cheaplyas is allowed by such other bids or reserves as are on <strong>Spink</strong> FineWines’ books. Bids may be placed in writing before thecommencement of the sale by giving to <strong>Spink</strong> Fine Wines a bidform for the lot, duly filled in with the name, contact phonenumber(s), full address of the buyer, number of the lot, andamount of the bid in Hong Kong dollars. All bids when placedby telephone are accepted only at the sender’s risk, and mustbe confirmed to <strong>Spink</strong> Fine Wines in writing, or by facsimile,before the sale.Clearance of PurchasesIn order to avoid delay in clearing purchases, buyers unknownto <strong>Spink</strong> Fine Wines are advised to make arrangements beforethe sale for pay ment or for references to be supplied. If sucharrangements are not made, checks will be cleared beforepurchases are delivered.Purchase by Non-ResidentsPurchases made by non-residents in Hong Kong may beexported on the instructions of the buyer at his expense.Payment shall be made in the full amount equivalent to thesuccessful bid in Hong Kong dollars. Ship ping instructionsmay be given upon payment to <strong>Spink</strong> Fine Wines.Please note some lots are marked EU to indicate that they arelying within the European Union tax free for export from theircountry of origin.Applicable local tax and/or duty will apply for local deliveryoutside of Hong Kong.Currency ConverterA currency converter will be operated at our auctions but onlyfor the guidance of bidders. All foreign currency amountsdisplayed are ap proximations based on recent exchange rateinformation and may not be relied upon to calculate anyinvoices or statements. <strong>Spink</strong> Fine Wines assumes noresponsibility for any error or omission in foreign or HongKong currency amounts shown.THE SALE WILL BE CONDUCTED IN HONG KONGDOLLARS.<strong>Spink</strong> Wine (01/13)