Osian's Auction Catalogue India The Passionate Detachment | February 2001

28 incurred by any other person or entity due to export of such non-exportable items, after sale by Osians within India. 14. Ownership of Lots The ownership of a Lot purchased shall not pass on to the Purchaser of such Lot until the Purchaser makes full payment of the Purchase Price as required by Osians. The ownership of lot to the Purchaser shall not result in transfer of intellectual property right and copyright in the lot in favour of the Purchaser. 15. Collection of Purchases i The Purchaser shall at his/her own expense take delivery of the Lot purchased not later than 7 days after the date of the Auction, but not before payment of the Purchase Price as required by Osians. ii The Purchaser shall solely be responsible for packing, insurance, and forwarding of the Lot(s) purchased by him/her. iii The Purchaser shall be liable to pay Osians all removal, storage and insurance charges imposed by Osians on the Lot not collected by the Purchaser within 7 days after the date of the Auction. iv On specific instructions of local Purchasers, Osians may undertake packing, handling and insurance. All costs towards the same as determined by Osians shall be borne fully and paid by the Purchaser. This service is being given solely as a courtesy to local Purchasers, and will be undertaken at Osians discretion. In no event will Osians be liable for damage, regardless of cause. While Osians may recommend packers and shippers, Osians shall not in any way be responsible for their errors, omissions or negligence whatsoever. However, in case of inter-state sale or export sale, the costs and expenses towards insurance, packing, handling and transportation shall be undertaken by Osians, which shall be reimbursed by Purchasers at a price determined by Osians. 16. Purchaser’s Responsibilities for Lots Purchased The Purchasers shall be solely responsible for loss or damage to Lots purchased after the period specified in Clause 15 (i), and neither Osians or its employees or agents shall thereafter be responsible for any loss or damage of any kind, whether caused by negligence or otherwise, while any Lot is in the custody or under control of Osians. 17. Provenance All intending Purchasers are hereby advised that Seller shall provide Osians for each Lot, a guarantee letter that such Lot is created/owned by such Seller. Due care has been taken by Osians to verify the provenance, authenticity and origin of each Lot. In case of doubt, such Lot has been submitted to Osians’ Authentication Committee which has, after verification and due deliberation, certified the authenticity of such Lot. 18. Guarantee in respect of Counterfeit Lot: If, after sale by Osians, any Lot is proved to be counterfeit or fake, Osians undertakes to set aside the sale and refund to the Purchaser the amount paid by him in connection with the Lot subject to the following conditions: i. that within three (3) years of the date of the sale, the Purchaser shall notify Osians in writing of the number of the Lot, the date of the Auction at which it was purchased and the reasons as to why the Purchaser considers the Lot to be counterfeit along with a bonafide expert’s report clearly specifying reasons for such claim. Osians shall not to be liable to any claims after completion of the period of three (3) years. ii. that the Purchaser is able to transfer good title to Osians free from any third party claims arising after the date of sale to him/her. iii. that the Purchaser returns the Lot to Osians in the same condition as at the date of sale by Osians. On receipt of the claim, Osians shall have the right to request the Purchaser to obtain at the Purchaser’s cost, the reports of two (2) independent experts in the field, mutually acceptable to the Purchaser and Osians, setting out the reasons in full as to why the Lot in question is considered to be counterfeit. Osians agrees that it will give due consideration to any such expert reports. However, Osians reserves the right to seek additional independent advice/report and/or submit such Lot to Osians’ Authentication Committee for reconsideration, before making its final determination as to whether the Lot is counterfeit or genuine and shall not be bound by any expert report submitted by the Purchaser. If Osians agrees with the Purchaser that the Lot is counterfeit, Osians shall refund to the Purchaser the Hammer Price as paid by the Purchaser to Osians at the time of purchase excluding taxes, duties and levies paid/payable to any Government or Municipal Authority by Osians provided always that the benefit of the guarantee and the refund amount is not capable of being transferred and is solely for the benefit of the purchaser. Osians shall in no way be responsible for any loss, damage or any other liability incurred by any third party due to genuineness, origin, attribution, condition, ownership, provenance, age or estimated price of any Lot. 19. Condition of Lots All Lots are auctioned as shown, with all faults, imperfections and errors of description. Osians shall not be in any way responsible for errors of description or for genuineness or authenticity of any Lot, or for any fault or defect in it. Intending Purchasers should inspect a Lot before bidding to determine its condition, size, or whether or not it has been repaired, restored or damaged. Osians has referred to restoration in works where it has been brought to its knowledge. The absence of reference to damage and/or restoration does not imply that the Lot is free from defects. Any representation in the Catalogue pertaining to authorship, origin, date, age, size, medium, attribution, provenance, condition, or estimated price is a statement of opinion only.