《英汉对照：一般拍卖条款》

一般拍卖条款GENERAL CONDITIONS OF SALE英汉对照(1) 此物业是依据此拍卖章程内之一般拍卖条款出售，并依照特别拍卖条款 (如有适用者) 而出售。如果特别拍卖条款与一般拍卖条款的内容出现矛盾之处，则以特别拍卖条款内的指定为准。 The Property is sold according to the General Conditions of Sale as provided herein and further subject to the Special Conditions, if any, where applicable. In the event of conflict between any of the Special Conditions of Sale with the General Conditions of Sale, the Special Conditions of Sale shall prevail. (2) 此物业是限有底价以价高者得，拍卖人有权将投价弃取如有争执则以最后无争执之价为底价再行拍卖。凡投买者一经出价不得退缩，并比上次所出之价不得少过拍卖 人拍卖时所定之银数。 Subject to a reserve price, the highest approved bidder being so allowed by the Auctioneer shall be the Purchaser thereof. The Auctioneer shall have the right of refuse any bid. If any dispute shall arise as to the highest bidder the Property shall be put up again at the last undisputed bid. No bid shall be withdrawn or be less in advance of the last previous bid than the sum to be fixed by the Auctioneer at the time of or during the sale. (3) 卖主有权：The Vendor reserves the right:- (甲) 自己出价或由其代理人或拍卖人出价投买；及(a) To bid generally by himself or his agent or the Auctioneer; and (乙) 将该物业于未卖实以前收回并不须宣布底价。 (b) To withdraw the sale of the Property any time before the same is actually sold without declaring the reserve price. (4) 除特别拍卖条款另有规定外，卖主现声明卖主律师行为卖主在买卖事宜上之代理人，负责收取所有按照此等条款付予卖主之金额，包括在完成交易时缴付之购买价余 额，并为所有本约项下之金额开发有效收据。已缴付予该代理人之购买价之分期款项以及其余额 (如有的话) 均已完全及足够地解除买主在本约项下之责任。 Subject to the Special Conditions of Sale mentioned herein before, the Vendor declares that the Vendors Solicitors are the Vendors agent for the purposes of receiving all movies payable to the Vendor pursuant to these Conditions including the balance of the purchase money payable upon completion and to give valid receipt for all monies payable hereunder. The payment to such agent of any instalments of the purchase money and the balance thereof (if any) shall be a full and sufficient discharge of the Purchasers obligations hereunder. (5) 卖主可取消卖主律师行之权力及可指定另一律师行为其代理人但任何取替均不得认作有效除非：- The Vendor may revoke the authority of the Vendors Solicitors and appoint another Solicitors as an agent in their place save that no such revocation shall be valid unless it:- (甲) 以书面通知买主或其代表律师行； is in writing addressed to the Purchaser or his Solicitors; (乙) 取替通知书于完成交易七天前送到买主或其代表律师行；及 (b) is delivered to the Purchaser or his Solicitors at least seven clear days prior to completion; and (丙) 该通知书明确地指明所述合约。 (c) specifically identifies the said Memorandum of Agreement。 (6) 买主及卖主应当自费支付有关买卖合约及转让契约之费用。 The Vendor and the Purchaser shall pay their own costs in relation to the Agreement for Sale and Purchase and the relevant Assignment. (7) 买主须当作该物业应缴付政府租契列明之地税和补地价费用(如有的话)己如数缴纳并政府租契及楼宇公契和管理协议内所载之一切条款、契约及条件均巳遵照妥为 办理至交易完成日止。 The Purchaser shall assume that all premium (if any) and the due proportions of the Government Rents reserved by the Government Lease(s) under which the Property is held have been paid and that all the terms covenants and conditions therein and in the Deed of Mutual Covenant and Management Agreement (if any) respectively contained have been observed and complied with up to the date of completion of the purchase. (8) 此物业出售和转让是依照现有之公众通路权和其它权利和特权地役权和类似地役权和公众权益之各种限制及官地租契或批地条款(如有的话)所列条款之规定，买主 并须承担缴付将来政府地税及补地价用(如有的话)及享有公众通路权地役权特权和从属权及依据和拥有以上章程内所述之楼宇公契及管理协议(如有的话)等规定 的权益。 The Property is sold and will be assigned subject to all rights of way and other rights and privileges easements and quasi-easements and public rights (if any) affecting the same and to all restrictive and other covenants or conditions contained in the said Government Lease(s) or Conditions (as the case may be) and to the payment of all future Government Rent and premium (if any) and together with all rights of way easements right privileges and appurtenances enjoyed therewith and subject also to and with the benefit of the Deed of Mutual Covenant and Management Agreement (if any) respectively referred to in the foregoing Particulars. (9) 买主须知其所投得之物业如章程内所开各节与卖主所持之契据内所开各节比对相符则买主必须承认其所投买之物业与上手契据内所载之物业即是卖主所出卖之物业。 The Purchaser shall admit the identity of the Property purchased by him with that comprised in the muniments of title offered by the Vendor as the title thereto upon the evidence afforded by a comparison of the description in the Particulars of the Property with the description contained in such muniments. (10) 所售物业乃依照此章程内所载内容或在出售前所更改的内容出售并相信及认为正确或已更改正确。卖主无须确认出售物业与章程所载内容相符，倘若本章程有错漏参 差不齐之处或该物业与邻近之物业有超过地界之处，买主不得藉词退缩不买或向卖主追究索取赔偿。 The Property is sold according to the description thereof contained in the Particulars hereto annexed or as amended prior to the sale and is believed and shall be taken to be correctly described in the said Particulars or as amended as aforesaid and the Vendor shall not be required to identify or connect the Property sold with the description thereof contained in the said Particulars, and if any error, mis-statement, mis-description or omission shall appear in the said Particulars such error, mis-statement, mis-description or omission shall not annul the sale nor entitle the Purchaser to be discharged from his purchase, nor shall any compensation be allowed or paid by the Vendor in respect thereof. If the building(s) of which the Property offered for sale forms part encroach(es) on adjacent land or if adjacent building encroaches on the Property offered for sale any such encroachment shall not be made subject of any requisition or objection by the Purchaser nor shall the Purchaser be entitled to withdraw from his purchase or claim any compensation on account thereof. (11) 上述有关物业之面积及附属平面图(如有者)所述是约数和只用作参考，卖主不会作任何保证其准确性，买主须自行查核该物业之准确面积，如有错误买主不得藉词 终止交易或要求卖主给予补偿。 The area of the Property as set out in the Particulars and the plan(s) annexed hereto (if any) is/are approximate and for reference only. No warranty whatsoever is given by the Vendor as to the accuracy of the area of the Property and the Purchaser shall make his own enquiry as to the accuracy of the same. No error in any area stated herein or elsewhere shall annul the sale nor entitle the Purchaser to be discharged from his purchase nor shall any compensation be allowed or paid by the Vendor in respect thereof. (12) (甲) 卖主只须送呈卖主仅所拥有关于该物业所有权契据及文件予买主，买主不得要求卖主出示或送呈一些卖主没有拥有之契据和文件副本。(a) The Vendor is only required to deliver to the Purchaser the title deeds and documents in the possession of the Vendor. The Vendor shall not be required to produce or deliver any title deeds and documents not in the possession of the Vendor. (乙) 如要查阅由卖主拥有之所有权契据，可以在出售前，于办公时间内预约往卖主律师行查阅，而无论买主在出售前是否已经查阅过该等文件，均会被视作已知其内容。(b) The muniments of title in the Vendors possession may be inspected by prior appointment at any time prior to the sale during business hours at the office of the Vendors Solicitors and the Purchaser, whether or not he shall have inspected the same prior to the sale, shall be deemed to have full notice thereof. (丙) 买主不得向卖主要求交出不在卖主手上之任何契据文件图则或手稿或要求交出该等契据、文件、图则或手稿之证明副本或要求卖主透露该等契据或文件之内容，并不 能就此提出反对或要求。 The Vendor shall not be called upon or be bound to produce or procure the production of any muniments of title, plans, deeds, instruments or writings whatsoever not in the Vendors custody or possession nor to procure attested certified or other copies of or extracts from such other muniments of title, plans, deeds, instruments or writings nor to give any information in relation thereto and no objection or requisition shall be made in respect thereof. (丁) 除此章程规定外，如买主须要做任何契据或其它手续以令此物业之契据得以十足完备，或将上手未付印花税之契据或未付足印花税之契据补付印花税者，凡此一切印 花税及各项费用之支付概由买主负责。买主不得因卖主未能遵照其要求而取消或拖延完成买卖交易。 Every and any assurance and act (if any) which shall not be precluded by these Conditions of Sale and which shall be required by the Purchaser for getting in, surrendering, or releasing any outstanding estate, right, title or interest or for completing or perfecting the Vendors title or for stamping any unstamped or insufficiently stamped documents, or for any other purpose shall be prepared, made and done by and at the expense of the Purchaser requiring the same. But in inability of the Vendor to comply with any such requirement by such Purchaser shall not vitiate or delay the completion of the purchase. (13) 卖主未有就该物业作出任何声明或保证及拍卖人或其雇员无任何权力就该物业作任何声明或保证。 The Vendor does not make or give and neither the Auctioneers nor any person in the employment of the Auctioneers has any authority to make or give any representation or warranty whatsoever in relation to the Property. (14) 买主对有关其购得之物业之契据不得藉其经由被授权人执行而提出任何要求或反对，而须无异议下当作于该契据签署时授权人尚生存及其授权书仍十足有效力并未经 取消，同时并须承认被授权人当时有全权签署该契约或所有权文件，又买主不得要求取得授权书之验证正本或副本或提出任何有关要求或反对。买主同意及确认凡由 公司签署之契据均为有效，卖主母须给予买主任何公司数据及/或会议纪录。买主不得提出任何有关要求或反对。 The Purchaser shall not make any objection or requisition on the ground that any deed or instrument of title affecting the Property purchased by him was executed under a Power of Attorney, but shall assume without enquiry that at the time of execution of any such deed or instrument of title the Grantor of such Power of Attorney was alive and that the Power of Attorney was in full force, virtue and effect and unrevoked and that the Grantee or his substitute thereunder had full power and authority to execute the deed or document of title. And the Purchaser shall not call for the original certified or other copies of the Power of Attorney or make any requisition or raise any objection in respect thereof. The Purchaser shall assume that any title deeds and documents executed by a corporation under seal are duly executed and the Vendor shall be obliged to produce or deliver resolutions or minutes or other documentary evidence to prove the execution thereof and the Purchaser shall not raise any requisitions or objections in respect thereof. (15) 在不影响卖主获取任何其它补偿的前题下，如买主不能遵守本章程内任何条件及章则或不能根据本章程内所列条款完成交易，则卖主有权没收买主按本合约巳付之所 有按金卖主并有全权撤销该买卖而无责任向该买家立回卖契及可以以公开拍卖或私人协议或部份以公开拍卖或部份以私人协议按卖主合意的条款及方法一批或分批重 售该物业而无需知会买主。所有另行重售之费用与卖不足价之数俱归不能履行本合约之买主承担支付，卖主可追讨上述金额及作为协议损害赔偿金。所有因重售之超 出价银俱归卖主所有。同样在不抵触卖主获取任何其它补偿的前题下其因买主错失而引致卖主按本买卖合约给予卖主权力获得之一切赔偿，买主必须按照未付之金额 以月息二厘计算付与卖主计算日以本应清楚付足该金额的日期起至全数付清余款日为止及支付卖主因追讨上述金额所引致的一切律师费及开支及拍卖师之佣金。这条 款不会阻止或被当作阻止卖主按本章程给予卖主可采取其它步骤或取得补偿之权利。这条款亦不会被当作附予买家权力延迟完成买卖交易或在完成交易日后才支付购 买价余款。 Without prejudice to any other remedies available to the Vendor, if the Purchaser shall fail to comply with any of the terms and conditions contained herein or if the Purchaser shall fail to complete the purchase in accordance with the provisions herein contained, the deposit paid by him under the Memorandum hereof shall be wholly and absolutely forfeited to the Vendor who shall be at liberty if the Vendor sees fit without being obliged to tender an assignment to the Purchaser to rescind the sale and resell the Property with or without notice to the Purchaser either as a whole or in lots and either by public auction or private contract or partly by the one and partly the other and subject to such conditions and stipulations as to title or otherwise as the Vendor may think fit. Any deficiency in price which may happen on and all expenses for attending such re-sale or attempted resale shall be borne by the Purchaser and shall be recoverable by the Vendor as and for liquidated damages and any increase in price realized by any such resale shall belong to the Vendor. Also without prejudice to any other remedies available to the Vendor to enforce the Vendors right under the Memorandum of Agreement or otherwise and/or recover all losses and damages suffered by the Vendor for the reason of the Purchasers default, the Vendor shall be entitled to demand payment of interest over the balance of purchase money due at the rate of 2 per cent per month calculated from the date on which the same ought to have been paid to the actual date of payment together with all the Vendors Solicitors costs and expenses and the Auctioneers commission which may be incurred in demanding recovering or attempting to recover the same. This condition shall not preclude or be deemed to preclude the Vendor from taking other steps or remedies to enforce the Vendors right hereunder or otherwise nor deemed to entitle the Purchaser to postpone the completion of the purchase or the payment of the balance of purchase price beyond the Completion Date. (16) 若本合约经土地注册处或有关新界土地注册处登记，卖主在行使其撤销本合约之权利时得有权于土地注册处或有关新界土地注册处登记一份由卖主签署之文件以证明 撤销此物业之买卖及/或撤销此合约登记。在土地注册处或有关新界土地注册处注册该文件后，租客、买主、承押人或任何其它与卖主有交易之人仕无需受约束去检 视或查询卖主是否有权终止或撤销本合约，并且关于该类住客、买主或承押人或任何人仕之安全或保护事宜方面，本约须被视为已被正式终止。 On the exercise of the Vendors right of rescission hereunder the Vendor shall have the right, if the Memorandum of Agreement shall have been registered in the Land Registry or the relevant New Territories Land Registry to register at such Land Registry or the relevant New Territories Land Registry (as the case may be) a Memorandum signed by the Vendor alone to rescind the sale of the Property and/or to vacate the registration of the Memorandum of Agreement. Upon registration of such an instrument in the Land Registry or the relevant New Territories Land Registry, a tenant, purchaser, mortgagee, or any other person dealing with the Vendor shall not be bound to see or enquire whether the Vendor was entitled to determine or rescind this Agreement and so far as regards the safety and protection of such tenant, purchaser or mortgagee or any other person, this Agreement shall be deemed to have been duly terminated. (17) 如卖主因任何原因(买主违约者除外)无法按本合约条款完成交易，则按金及其它全部金额(如有者)应发还买主而不须付与买主任何利息赔偿或费用，并买主亦不 能追讨卖主，卖主律师行或拍卖人因卖主不能履行该交易而招致的损失费用或开支。 If the Vendor shall for any cause (other than the default of the Purchaser) fail to complete the sale and purchase hereunder in accordance with the terms hereof then the deposit and all other monies (if any) paid hereunder shall be returned to the Purchaser without any interest, compensation or costs and the Purchaser should not claim against the Vendor, the Vendors Solicitors or Auctioneers for any damages, costs or expenses. (18) 本合约并不阻止卖主因买主疏忽或拒绝按上述指定之时间及方式完成交易提出起诉及取得强制买主履行合约之法令以代替前述之赔偿或作为赔偿外之附加行动。 Nothing contained in this Agreement shall be so construed as to prevent the Vendor from bringing an action and obtained a decree of specific performance either in lieu of the aforesaid damages or in addition thereto as the Vendor may have sustained by reason of the neglect or refusal of the Purchaser to complete this sale and purchase at the time in manner aforesaid. (19) 此章程所订明之时间限制均极为重要。 Time shall in all respects be of the essence of these Conditions. (20) 此物业是根据本章程所列条件及章则及官地租契或批地条款(以适用者为准)及楼宇公契及管理协议或与物业有关的任何契约或文件所规定的条件及章则按现时状况 及前述基础出售，买主须支付政府地租或其部份并在转让契约内订约声明其本人及其执行人管理人必须履行所述条件及章则并保障卖主因买主不履行各项条件之责 任。 The Property is sold in the present condition and on an “as is” basis subject to the terms and conditions herein contained and to the terms and conditions set out in the Government Lease or Conditions (as the case may be) and the Deed of Mutual Covenant and Management Agreement (if any) or any other deeds or instrument in respect of the Property and to the payment of the Government Rent(s) or due proportion(s) thereof and the Purchaser shall in the deed of Assignment covenant for himself and his executors administrators and assigns to observe and perform the said terms and conditions and to pay the Government Rent(s) or due proportion(s) thereof and to indemnify the Vendor in respect thereof. (21) 由签定此买卖合约之日起买主完全负责此物业之一切火警或其它意外或不能居住等招致的损失及风险，卖主并不保证物业是否巳买足够之火险或其它保险。买主承认 买主律师巳建议他为本身之保障及利益起见应为本物业购买妥当之保险。为免疑问现谨此协议并声明若本物业或其任何部份在完成买卖程序前被火灾或任何其它灾 难、不可抗力或天灾而引致破坏、损毁或导致不能进入，买主仍受约束必须在不扣减购买价及按照本约之条款情况下完成买卖交。 As from the time of signing the Memorandum of Agreement annexed hereto, the Property shall as between the Vendor and the Purchaser be at the sole risk of the Purchaser as regards loss or damage by fire or other accident, non-occupation or otherwise. No warranty is given by the Vendor as to whether any or adequate fire or other form of insurance exists in respect of the Property. The Purchaser acknowledges that he has been duly advised by the, Purchasers Solicitors to take out proper insurance coverage on the Property for his own protection and benefit. For the avoidance of doubt it is hereby agreed and declared that should the Property or any part thereof be damaged, destroyed or rendered inaccessible by fire or any other calamity, force majeure or Act of God prior to completion, the Purchaser shall nevertheless be bound to complete the purchase without any abatement in purchase price and on the terms herein contained. (22) 无论本约内条款如何规定卖主及/或其代理人对下列事项概不负责亦不作出保证： Notwithstanding any provisions herein contained, the Vendor and/or his agent exclude liability and give no express or implied warranty :- (甲) 此物业及物业所属楼宇及附属于物业或所属楼宇一切设备、装修、装置或设施； (a) as to the fittings finishes installations or appliance (if any) incorporated in the Property or (if applicable) in the building or building complex of which the Property forms part; and (乙) 此业的批准用途、面积、状况、物业之建筑及结构或结构之质素或形式或任何附属于物业或物业所属楼宇的建筑物(如有者)之合法性或其内之家愀及装置之状况。 (b) as to the permitted user, area, state and condition, composition or construction of the Property or the fitness or manner of construction or the legality of any structures erected thereon (if any) or (if applicable) the state and condition of the furniture and fittings therein or (if applicable) the building or building complex of which the Property forms part. (23) 买主会被当作己查看及视察过此物业及清楚知悉其现时出租、租约和使用情况或其它事宜，并明确表示完全知悉物业现况和结构及卖主不保证上述有关情况买主并 明确同意购买该物业不论是否有任何结构损坏或非法结构，买主亦不得藉此要求卖主作出任何赔偿或要求降低购买价。The Purchaser is deemed to have inspected the Property and to have full knowledge of all existing lettings, tenancies and occupations, if any. The Purchaser hereby expressly acknowledges that he is fully aware of the physical condition and structure of the Property and the Vendor gives no warranty in respect thereof and the Purchaser further agrees that the Purchaser will purchase the Property irrespective of whether the Property consists of any structural defects or illegal structure or not and shall have no claim or right