Spink China

Spink China

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TERMS AND CONDITIONS FOR BUYERS

These conditions set out the terms on which we (Spink China Limited of 4&5/F., Hua Fu Commercial Building, 111 Queen’s Road West, Hong Kong) contract with you (Buyer) either as agent on behalf of the Seller or as principal if we are the Seller. You should read these conditions carefully.

1 DEFINITIONS
The following definitions in this condition apply in these conditions.
Buyer’s Premium means the charge payable by you as a percentage of the Hammer Price, at the rates set out in clause 5.1 below;
Certificate of Authenticity means a certificate issued by an Expert Committee confirming the authenticity of a Lot;
Expert Committee means a committee of experts to whom a Lot may be sent for an extension in accordance with clause 3.4.3;
Forgery means a Lot constituting an imitation originally conceived and executed as a whole with a fraudulent intention to deceive as to authorship, origin, age, period, culture or
source where the correct description as to such matters is not reflected by the description in the catalogue and which at the date of the auction had a value materially less
than it would have had if it had been in accordance with the description in the catalogue. Accordingly, no Lot shall be capable of being a Forgery by reason of any damage
and/or restoration work of any kind (including re-enamelling);
Hammer Price means the amount of the highest bid accepted by the auctioneer in relation to a Lot;
Lot means any item deposited with us for sale at auction and, in particular, the item or items described against any lot number in any catalogue;
Reserve the amount below which we agree with the Seller that the Lot cannot be sold;
Seller means the owner of the Lot being sold by us;
Spink Group Spink China Limited, Spink and Son Ltd, and our associated companies.

2 SPINK CHINA’S ROLE AS AGENT
2.1 All sales undertaken by us either at auction or privately are undertaken either as
agent on behalf of the Seller or from time to time, as principal if we are the owner of the
Lot. Please note that even if we are acting as agent on behalf of the Seller rather than as
principal, we may have a financial interest in the Lot.
2.2 The contract for the sale of the Lot will be between you and the Seller.

3 BEFORE THE SALE
3.1 Examination of goods
You are strongly advised to examine personally any goods in which you are interested,
before the auction takes place. Condition reports are usually available on request. We
provide no guarantee to you other than in relation to Forgeries, as set out in clause 5.9
of these Terms and Conditions.
3.2 Catalogue descriptions
3.2.1 Statements by us in the catalogue or condition report, or made orally or in writing
elsewhere, regarding the authorship, origin, date, age, size, medium, attribution,
genuineness, provenance, condition or estimated selling price of any Lot are merely
statements of opinion, and are not to be relied on as statements of definitive fact.
Catalogue and web illustrations are for guidance only, and should not be relied on either
to determine the tone or colour of any item. No lot shall be rejected on the grounds of
inaccurate reproduction. No lot illustrated in the catalogue and online shall be rejected
on the grounds of cancellation, centring, margins, perforation or other characteristics
apparent from the illustration. Catalogue illustrations are for guidance only, and should
not be relied on either to determine the tone or colour of any item or to reveal
imperfections. Estimates of the selling price should not be relied on as a statement that
this price is either the price at which the Lot will sell or its value for any other purpose.
3.2.2 Many items are of an age or nature which precludes their being in perfect
condition and some descriptions in the catalogue or given by way of condition report
make reference to damage and/or restoration. We provide this information for
guidance only and the absence of such a reference does not imply that an item is free
from defects or restoration nor does a reference to particular defects imply the absence
of any others.
3.2.3 Other than as set out in clause 5.9, and in the absence of fraud, neither the Seller
nor we, nor any of our employees or agents, are responsible for the correctness of any
statement as to the authorship, origin, date, age, attribution, genuineness or
provenance of any Lot nor for any other errors of description or for any faults or defects
in any Lot. Every person interested should exercise and rely on his own judgment as to
such matters.
3.3 Your Responsibility
You are responsible for satisfying yourself as to the condition of the goods and the
matters referred to in the catalogue description.
3.4 Extensions – Stamps only
3.4.1 If you wish to obtain an expert opinion or Certificate of Authenticity on any Lot
(other than a mixed lot or lot containing undescribed stamps) you must notify us in
writing not less than forty-eight hours before the time fixed for the commencement of
the first session of the auction. If accepted by us, such request shall have the same
effect as notice of an intention to question the genuineness or description of the Lot for
the purposes of clause 5.9 of these Terms and Conditions and the provisions of clause
5.9 shall apply accordingly.
3.4.2 Notice of a request for an expert opinion or Certificate of Authenticity must give
the reason why such opinion is required and specify the identity of your proposed
expert which will be subject to agreement by us. We reserve the right, at our discretion,
to refuse a request for an expert opinion or Certificate of Authenticity including (without
limitation) where the proposed expert is not known to us.
3.4.3 If we accept a request for an expert opinion or Certificate of Authenticity we will
submit the Lot to the Expert Committee. You acknowledge and accept that the length of
time taken by an Expert Committee to reach an opinion will vary depending on the
circumstances and in any event is beyond our control.
3.4.4 We will not accept a request for an extension on account of condition. Any Lot
described in the catalogue as having faults or defects may not be returned even if an
expert opinion or Certificate of Authenticity cites other faults or defects not included in
the catalogue description, other than in the case of a Forgery.
3.4.5 Should Spink China Limited accept a request for an extension under the foregoing
provisions of this paragraph, the fact may be stated by the Auctioneer from the rostrum
prior to the sale of the Lot.
3.4.6 It should be noted that any stamp accompanied by a Certificate of Authenticity is
sold on the basis of that Certificate only and not on the basis of any other description or
warranty as to authenticity. No request for an extension will be accepted on such a
stamp and the return of such a stamp will not be accepted.
3.4.7 If you receive any correspondence from the Expert Committee in relation to the
Lot, including but not limited to a Certificate of Authenticity, you must provide us with
copies of such correspondence no later than 7 days after you receive such
correspondence.

4 AT THE SALE
4.1 Refusal of admission
Our sales usually take place on our own premises or premises over which we have
control for the sale, and we have the right, exercisable at our complete discretion, to
refuse admission to the premises or attendance at an auction.
4.2 Registration before bidding
All bidders must be registered either by completing a registration form or creating an
account online. Please be aware that we usually require buyers to present identification
before making a bid at auction, undergo a credit check or provide a trade reference.
If you have not bid successfully with Spink in the past, or you are registering with us for
the first time, we reserve the right to require a deposit of up to 50% of the amount you
intend to spend. Such deposit will be deducted from your invoice should you be
successful. If you are unsuccessful at auction, your deposit will be returned by the same
means it was paid to Spink.
March/2019
Some lots may be designated, prior to the auction, as “Premium lots”, which means a
deposit may be required before placing a bid on the item for sale. Information will be
posted on our website in such an event.
4.3 Bidding as Principal
When making a bid (whether such bids are made in person or by way of telephone bids
operated by Spink, commission or online or email bids), you will be deemed to be acting
as principal and will be accepting personal liability, unless it has been agreed in writing,
at the time of registration, that you are acting as agent on behalf of a third party buyer
acceptable to us.
4.4 Commission Bids
If you give us instructions to bid on your behalf, by using the form provided in our
catalogues or via our website, we shall use reasonable endeavors to do so, provided
these instructions are received not later than 24 hours before the auction. If we receive
commission bids on a particular Lot for identical amounts, and at auction these bids are
the highest bids for the Lot, it will be sold to the person whose bid was received first.
Commission bids are undertaken subject to other commitments at the time of the sale,
and the conduct of the auction may be such that we are unable to bid as requested.
Since this is undertaken as a free service to prospective buyers on the terms stated, we
cannot accept liability for failure to make a commission bid. You should therefore
always attend personally if you wish to be certain of bidding. All commission bids should
be sent to 4&5/F, Hua Fu Commercial Building, 111 Queen’s Road West, Hong Kong up
till 24 hours prior to the sale.
4.5 On-line Bidding
We offer internet services as a convenience to our clients. We will not be responsible for
errors or failures to execute bids placed on the internet, including, without limitation,
errors or failures caused by (i) a loss of internet connection by either party for whatever
reason; (ii) a breakdown or problems with the online bidding software and/or (iii) a
breakdown or problems with your internet connection, computer or system. Execution
of on-line internet bids on www.spink.com and Spink Live is a free service undertaken
subject to other commitments at the time of the auction and we do not accept liability
for failing to execute an online internet bid or for errors or omissions in connection with
this activity.
4.6 Telephone Bids
If you make arrangements with us not less than 24 hours before the sale, we shall use
reasonable endeavors to contact you to enable you to participate in bidding by
telephone, but in no circumstances will we be liable to either the Seller or you as a
result of failure to do so.
4.7 Currency Converter
At some auctions, a currency converter will be operated, based on the one month
forward rates of exchange quoted to us by HSBC or any other appropriate rate
determined by us, at opening on the date of the auction. Bidding will take place in a
currency determined by us, which is usually Hong Kong dollars for auctions held in Hong
Kong. The currency converter is not always reliable, and errors may occur beyond our
control either in the accuracy of the Lot number displayed on the converter, or the
foreign currency equivalent of Hong Kong dollar bids. We shall not be liable to you for
any loss suffered as a result of you following the currency converter.
4.8 Video images
At some auctions there will be a video screen. Mistakes may occur in its operation, and
we cannot be liable to you regarding either the correspondence of the image to the Lot
being sold or the quality of the image as a reproduction of the original.
4.9 Bidding Increments
Bidding generally opens below the low estimate and advances in the following order
although the auctioneer may vary the bidding increments during the course of the
auction. The normal bidding increments are:
HK$100 to HK$2,000 by HK$100
HK$2,000 to HK$3,000 by HK$200
HK$3,000 to HK$5,000 by HK$200 or HK$300
HK$5,000 to HK$10,000 by HK$500
HK$10,000 to HK$20,000 by HK$1,000
HK$20,000 to HK$30,000 by HK$2,000
HK$30,000 to HK$50,000 by HK$2,000 or HK$3,000
HK$50,000 to HK$100,000 by HK$5,000
HK$100,000 to HK$ 200,000 by HK$10,000
HK$200,000 to HK$300,000 by HK$20,000
HK$300,000 to HK$500,000 by HK$20,000 or HK$30,000
HK$500,000 and up at Auctioneer’s discretion
4.10 Bidding by the Spink Group
4.10.1 We reserve the right to bid on Lots on the Seller’s behalf up to the amount of the
Reserve (if any), which will never be above the low estimate printed in the auction
catalogue.
4.10.2 The Spink Group reserves the right to bid on and purchase Lots as principal.
4.10.3 Lots with this symbol ( ) indicate that a party has provided Spink with an
irrevocable bid on the lot that will be executed during the sale at a value that ensures
that the lot will sell. The irrevocable bidder, who may bid in excess of the irrevocable
bid, will be compensated based on his bid in the event he or she is not the successful
bidder or may receive a fixed fee in the event he or she is the successful bidder. If the
irrevocable bidder is the successful bidder, the fixed fee for providing the irrevocable bid
may be netted against the irrevocable bidder’s obligation to pay the full purchase price
for the lot. If the irrevocable bid is not secured until after the printing of the auction
catalogue, a pre-sale announcement will be made indicating that there is an irrevocable
bid on the lot. If you are interested in placing an irrevocable bid in an auction, please
contact us at [email protected]. Typically, only some of the lots with an
estimate, which must exceed £100,000 or equivalent in other currencies, are open to
irrevocable bids.
4.11 The Auctioneer’s Discretion
The auctioneer has the right at his absolute discretion to refuse any bid to advance the
bidding in such manner as he may decide to withdraw or divide any Lot, to combine any
two or more Lots and, in the case of error or dispute, to put an item up for bidding
again.
4.12 Successful Bid
Subject to the auctioneer’s discretion, the striking of his hammer marks the acceptance
of the highest bid, provided always that such bid is higher than the Reserve (where
applicable), and the conclusion of a contract for sale between you and the Seller.
4.13 After Sale Arrangements
If you enter into any private sale agreements for any Lot with the Seller within 60 days
of the auction, we, as exclusive agents of the Seller reserve the right to charge you the
applicable Buyer’s Premium in accordance with these Terms and Conditions, and the
seller a commission in accordance with the terms of the seller’s agreement.
4.14 Return of Lot
4.14.1 Once your bid has been accepted for a Lot then you are liable to pay for that Lot
in accordance with these Terms and Conditions. If there are any problems with a Lot
then you must notify us within 7 days of receipt of the Lot, specifying the nature of the
problem. We may then request that the Lot is returned to us for inspection. Save as set
out in clause 5.9, the cancellation of the sale of any Lot and the refund of the
corresponding purchase price is entirely at our sole discretion. We will not normally
exercise that discretion if the Lot is not received by us in the same condition that it was
in at the auction date.
4.14.2 No lot may be returned on account of condition if the condition was stated by a
third party grading company (including, but not limited to PCGS, NGC, ANACS, ICG, PMG,
WBG, Legacy Currency Grading).

5 AFTER THE AUCTION
5.1 Buyer’s Premium
In addition to the Hammer Price, you must pay us the Buyer’s Premium at a rate of
12.5% of the final Hammer price of each lot, postage charge and a fee for paying by
credit card. A reduction of 2.5% will be applied on the Buyer’s Premium if the full
amount on your invoice is settled within seven days after the date of the sale.
5.2 Payment
5.2.1 You must provide us with your full name and permanent address and, if so
requested, details of the bank from which any payments to us will be made. You must
pay the full amount due on your invoice within seven days after the date of the sale.
This applies even if you wish to export the Lot and an export license is (or may be)
required.
5.2.2 You will not acquire title to the Lot until all amounts due to us have been paid in
full. This includes instances where special arrangements were made for release of Lot
prior to full settlement.
5.2.3 Payment should be made in Hong Kong Dollars by one of the following methods:
(i) Direct bank transfer to our account details of which are set out on the invoice. All
bank charges shall be met by you. Please ensure that your client number is noted on the
transfer.
(ii) By cheque or bank draft made payable to Spink China Limited. Please note that the
processing charges for payments made by cheques or bank drafts drawn on a non-Hong
Kong bank shall be met by you. Please ensure that the remittance slip printed at the
bottom of the invoice is enclosed with your payment.
(iii) By Visa or Mastercard. A fee of 3% will be applied. By American Express, a fee of 4%
will be applied. We are not responsible for any foreign exchange losses or charges that
you may incur in connection with such card payments.
March/2019
5.2.4 Payments should be made by the registered buyer and not by third parties, unless
it has been agreed at the time of registration that you are acting as an agent on behalf
of a third party.
5.3 Notification
We are not able to notify successful bidders by telephone. While Invoices are sent out
by mail after the auction we do not accept responsibility for notifying you of the result
of your bid. You are requested to contact us by telephone or in person as soon as
possible after the auction to obtain details of the outcome of your bids to avoid
incurring charges for late payment.
5.4 Collection, Packing and Handling of Purchases
5.4.1 Unless specifically agreed to the contrary, we shall retain lots purchased until all
amounts due to us, or to the Spink Group, have been paid in full. Buyers will be
required to pay for their lots when they wish to take possession of the same, which
must be within 7 days of the date of the sale, unless prior arrangements have been
made with Spink. Without prior agreement, lots will not be released until cleared funds
are received with regard to payments made by cheque.
5.4.2 Lots may be collected from 4&5/F, Hua Fu Commercial Building, 111 Queen’s Road
West, Hong Kong. In the event where a cheque or bank draft payable to Spink China
Limited has been presented to us, unless we specifically agree to the contrary, no Lots
shall be released before the cheque or bank draft has cleared where such funds have
been credited into our bank account.
5.4.3 A purchased Lot shall be at your risk in all respects from the time of collection or
the expiry of seven days from the date of sale, whichever is sooner, and neither Spink
China Limited nor its employees nor agents shall thereafter be liable for any loss or
damage of any kind, whether caused by negligence or otherwise, while any Lot is in or
under their respective custody or control.
5.4.4 If required our shipping department may arrange shipment as your agent.
Although we may suggest carriers if specifically requested, our suggestions are made on
the basis of our general experience of such parties in the past and we are not
responsible to any person to whom we have made a recommendation for the acts or
omissions of the third parties concerned.
5.4.5 We shall use all reasonable endeavors to take care when handling and packing a
purchased Lot but remind you that after seven days or from the time of collection,
whichever is sooner, the Lot is entirely at your risk.
5.4.6 It is the responsibility of the Buyer to be aware of any Import Duties that may be
incurred upon importation to the final destination. Spink will not accept return of any
package in order to avoid these duties. The onus is also on the Buyer to be aware of any
Customs import restrictions that prohibit the importation of certain collectibles. Spink
will not accept return of the Lot(s) under these circumstances. Spink will not accept
responsibility for Lot(s) seized or destroyed by Customs.
5.4.7 If the Buyer requires delivery of the Lot to an address other than the invoice
address this will be carried out at the discretion of Spink.
5.5 Remedies for non-payment or failure to collect purchases
5.5.1 If you fail to make payment within seven days of your stipulated payment date set
out in your invoice, we shall be entitled to exercise one or more of the following rights
or remedies:
5.5.1.1 to charge interest at the rate of 2% per month compound interest, calculated on
a daily basis, from the date the full amount is due;
5.5.1.2 to set off against any amounts which the Spink Group may owe you in any other
transaction the outstanding amount remaining unpaid by you;
5.5.1.3 we may keep hold of all or some of your Lots or other property in the possession
of the Spink Group until you have paid all the amounts you owe us or the Spink Group,
even if the unpaid amounts do not relate to those Lots or other property. Following
fourteen days’ notice to you of the amount outstanding and remaining unpaid, the
Spink Group shall have the right to arrange the sale of such Lots or other property. We
shall apply the proceeds in discharge of the amount outstanding to us, and pay any
balance to you;
5.5.1.4 where several amounts are owed by you to the Spink Group in respect of
different transactions, to apply any amount paid to discharge any amount owed in
respect of any particular transaction, whether or not you so direct;
5.5.1.5 to reject at any future auction any bids made by you or on your behalf or obtain
a deposit from you before accepting any bids.
5.5.2 If you fail to make payment within thirty-five days, we shall in addition be entitled:
5.5.2.1 to cancel the sale of the Lot or any other item sold to you at the same or any
other auction;
5.5.2.2 to arrange a resale of the Lot, publicly or privately, and, if this results in a lower
price being obtained, claim the balance from you together with all reasonable costs
including a 20% seller’s commission, expenses, damages, legal fees, commissions and
premiums of whatever kind associated with both sales or otherwise, incurred in
connection with your failure to make payment; or
5.5.2.3 when reselling the Lot, place a notice in our catalogue stating that you
successfully purchased the Lot at auction but have subsequently failed to pay the
Hammer Price of the Lot; or
5.5.2.4 take any other appropriate action as we deem fit.
5.6 Failure to collect
Where purchases are not collected within fourteen days after the sale, whether or not
payment has been made, you will be required to pay a storage charge of HKD30 per
item per day plus any additional handling cost that may apply. You will not be entitled to
collect the Lot until all outstanding charges are met, together with payment of all other
amounts due to us.
5.7 Use of Default Information
If you fail to make payment for a Lot in accordance with these Terms and Conditions
5.7.1 we reserve the right to refuse you the right to make bids for any future auction
irrespective of whether previous defaults have been settled; and
5.7.2 you acknowledge that we may (as necessary for our legitimate interests those of
other auctioneers and live bidding platforms in referencing customers and avoiding
customer defaults) disclose details of such default to other auctioneers and live bidding
platforms, which will include your name, address, nature of the default and the date of
the default.
Auctioneers or live bidding platforms who receive details of the default may rely on such
information when deciding whether to enter into a transaction with you in the future.
5.8 Export License
5.8.1 You should always check whether an export license is required before exporting.
5.8.2 Unless otherwise agreed by us in writing, the fact that you wish to apply for an
export license does not affect your obligation to make payment within seven days nor
our right to charge interest on late payment.
5.8.3 We will not be obliged to rescind a sale nor to refund any interest or other
expenses incurred by you where payment is made by you despite the fact that an export
license is required.
5.9 Refund in the case of Forgery
5.9.1 A sale will be cancelled, and the amount paid refunded to you if a Lot (other than a
miscellaneous item not described in the catalogue) sold by us proves to have been a
Forgery. We shall not however be obliged to refund any amounts if either (a) the
catalogue description or saleroom notice at the auction date corresponded to the
generally accepted opinion of scholars or experts at that time, or fairly indicated that
there was a conflict of opinions, or (b) it can be demonstrated that the Lot is a Forgery
only by means of either a scientific process not generally accepted for use until after
publication of the catalogue or a process which at the date of the auction was
unreasonably expensive or impracticable or likely to have caused damage to the Lot.
Furthermore, you should note that this refund can be obtained only if the following
conditions are met:
5.9.1.1 you must notify us in writing, within seven days of the auction date, that in your
view the Lot concerned is a forgery;
5.9.1.2 you must then return the item to us within fourteen days, in the same condition
as at the auction date; and
5.9.1.3 as soon as possible following return of the Lot, you must produce evidence
satisfactory to us that the Lot is a Forgery and that you are able to transfer good title to
us, free from any third party claims.
5.9.1.4 you must provide to us all evidence obtained by you that a Lot is a Forgery no
later than 7 days after you receive such evidence.
5.9.2 In no circumstances shall we be required to pay you any more than the amount
paid by you for the Lot concerned and you shall have no claim for interest.
5.9.3 The benefit of this guarantee is not capable of being transferred, and is solely for
the benefit of the person to whom the original invoice was made out by us in respect of
March/2019
the Lot when sold and who, since the sale, has remained the owner of the Lot without
disposing of any interest in it to any third party.
5.9.4 We shall be entitled to rely on any scientific or other process to establish that the
Lot is not a Forgery, whether or not such process was used or in use at the date of the
auction.

6 LIABILITY
Nothing in these Terms and Conditions limits or excludes our liability for:
6.1 death or personal injury resulting from negligence; or
6.2 any damage or liability incurred by you as a result of our fraud or fraudulent
misrepresentation.

7 USE OF YOUR PERSONAL INFORMATION
7.1 We will use the personal information you provide to us as set out in our privacy
notice (available at https://spink.com/privacy-policy) and in particular to:
7.1.1 process the bids you make on Lots (whether successful or otherwise) and other
auction related services we provide;
7.1.2 process your payment relating to a successful purchase of a Lot;
7.1.3 arrange for delivery of any Lot you purchase, which will include passing your
details to shipping providers and, on overseas deliveries, to customs where they make
enquiries regarding the Lot;
7.1.4 inform you about similar products or services that we provide, but you may stop
receiving these at any time by contacting us.
7.2 In accordance with clause 4.2, we may pass your information to credit reference
agencies in order to obtain credit checks from them, and they may keep a record of any
search that they do.
7.3 In accordance with clause 5.7, where you default on making payment for a Lot in
accordance with these terms and conditions we may disclose details of such default to
other auctioneers and live bidding platforms.
7.4 We are also working closely with third parties (including, for example, other
auctioneers and live bidding platforms) and may receive information about you from
them.
7.5 Where you provide us with personal information about other individuals, you must
ensure that your provision of that information is compliant with applicable data
protection law.

8 COPYRIGHT
8.1 We shall have the right (on a non-exclusive basis) to photograph, video or otherwise
produce an image of the Lot. All rights in such an image will belong to us, and we shall
have the right to use it in whatever way we see fit.
8.2 The copyright in all images, illustrations and written material relating to a Lot is and
shall remain at all times our property and we shall have the right to use it in whatever
way we see fit. You shall not use or allow anyone else to use such images, illustrations or
written material without our prior written consent.

9 NOTICES
All notices given under these Terms and Conditions may be served personally, sent by
1st class post, or faxed to the address given to the sender by the other party. Any notice
sent by post will be deemed to have been received on the second working day after
posting or, if the addressee is overseas, on the fifth working day after posting. Any
notice sent by fax or served personally will be deemed to be delivered on the first
working day following dispatch.

10 ADDITIONAL PROVISIONS
10.1 Limitation of Liability
Subject to clause 6, we shall not be liable, whether in tort (including for negligence) or
breach of statutory duty, contract, misrepresentation or otherwise for any:
10.1.1 loss of profits, loss of business, depletion of goodwill and/or similar losses, loss of
anticipated savings, loss of goods, loss of contract, loss of use, loss of corruption of data
or information; or
10.1.2 any special, indirect, consequential or pure economic loss, costs, damages,
charges or expenses.
10.2 Severability
If any part of these Terms and Condition is found by any court to be invalid, illegal or
unenforceable, that part may be discounted and the rest of the conditions shall
continue to be valid and enforceable to the fullest extent permitted by law.
10.3 Force majeure
We shall have no liability to you if we are prevented from, or delayed in performing, our
obligations under these Terms and Conditions or from carrying on our business by acts,
events, omissions or accidents beyond our reasonable control, including (without
limitation) strikes, lock-outs or other industrial disputes (whether involving our
workforce or the workforce of any other party), failure of a utility service or transport
network, act of God, war, riot, civil commotion, malicious damage, compliance with any
law or governmental order, rule, regulation or direction, accident, breakdown of plant
or machinery, fire, flood, storm or default of suppliers or subcontractors.
10.4 Waiver
10.4.1 A waiver of any right under these Terms and Conditions is only effective if it is in
writing and it applies only to the circumstances for which it is given. No failure or delay
by a party in exercising any right or remedy under these Terms and Conditions or by law
shall constitute a waiver of that (or any other) right or remedy, nor preclude or restrict
its further exercise. No single or partial exercise of such right or remedy shall preclude
or restrict the further exercise of that (or any other) right or remedy.
10.4.2 Unless specifically provided otherwise, rights arising under these Terms and
Conditions are cumulative and do not exclude rights provided by law.
10.5 Law and Jurisdiction
10.5.1 These Terms and Conditions and any dispute or claim arising out of or in
connection with them or their subject matter, shall be governed by, and construed in
accordance with Hong Kong laws.
10.5.2 The parties irrevocably agree that the courts of Hong Kong shall have non-
exclusive jurisdiction to settle any dispute or claim that arises out of, or in connection
with, Terms and Conditions or their subject matter.

Spink China

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