Osian's Auction Catalogue Creative India Series 1 Bengal | December 2011

Creative India BENGAL | Terms & Conditions 331 330 29. Waiver If part of these terms and conditions is found by any Court to be invalid, illegal or unenforceable, that part may be discontinued and the rest of the terms and conditions shall continue to be binding and enforceable to full extent permissible by law. 30. Default by a Party Osian’s shall not be responsible for any default of these terms and conditions or otherwise by any of the Sellers, intending Purchasers or the Purchasers. 31. Notice Any notice by Osian’s to a Seller, intending Purchaser or the Purchaser may be served by mail or by facsimile with confirmation of receipt and if served by mail shall be deemed to have been duly received by the addressee forty-eight hours after mailing. 32. Governing Laws, Jurisdiction and Arbitration These terms and conditions shall be governed and construed in accordance with Indian law. All transactions to which these terms and conditions apply and all matters connected with shall also be governed by Indian law and subject to exclusive (Bombay) jurisdiction of courts at Mumbai. All disputes arising out of these terms and conditions or any disputes arising out of any transaction between Osian’s and/or the Seller, and/ or the Purchaser, and/or the Intending Purchaser shall be referred to an arbitration panel comprising of three arbitrators, one appointed by each party and the third umpire appointed by the arbitrators and the arbitration proceedings shall be governed by Arbitration and Conciliation Act, 1996. The place of arbitration shall be Mumbai. The arbitration proceedings shall be conducted in English language. 33. Headings Headings in the Terms and Conditions do not form part of the terms and conditions and are for convenience only. 34. Antiquities It is a statutory requirement that all antiquities consigned to Osian’s for public auction should have been registered with the Archeological Survey of India (ASI) by the Owners/ Consigners thereof. While Osian’s will not be held liable for the fulfillment of this requirement, it will endeavour to facilitate the process wherever able to do so and upon request from the Owners/Consigners. Osian’s - Connoisseurs of Art Private Limited is licensed by the A.S.I. to sell Antiquities in the states of Maharashtra (ASI License No.14 dated 08-06-2006 valid till 07-06-2012) & Delhi (ASI License No. DLI/Ant/Lic./17 dated 11-08-2005 valid till 10-08-2013). Terms and Conditions contd...