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Posted By: PS

Here are SCP's terms:

"AS IS
The authenticity of the Authorship of property listed in the catalogue is guaranteed as stated in the Terms of Guarantee (below) and all property is sold “as is” without any representations or warranties by SCP Auctions, Sotheby’s, or the Consignor as to the merchantability, fitness for a particular purpose, the correctness of the catalogue or other description of the physical condition, size, quality, rarity, importance, medium, provenance, exhibitions, literature, or historical relevance of any property and no statement anywhere, whether oral or written, whether made in the catalogue, an advertisement, a bill of sale, a salesroom posting or announcement, or elsewhere, shall be deemed such a warranty, representation, or assumption of liability. SCP Auctions, Sotheby’s, and the Consignor make no representations or warranties, express or implied, as to whether the purchaser acquires any copyrights, including but not limited to, any reproduction rights in any property. SCP Auctions, Sotheby’s, and the Consignor are not responsible for errors and omissions in the printed catalogue, on-line catalogue, or any supplemental material or in regards to the failure of the auction program to execute any bids on behalf of the bidder."


Now to a point I understand this, but I have to wonder how effective it really is to disclaim the correctness of your own catalogue description? This essentially appears in two places, first in the "without any representations or warranties" clause and second in the "not responsible for errors and omissions" clause towards the end. I don't know California law in this context, but from what I know of it generally I would be surprised if this sort of disclaimer would nullify any claim based on inaccuracy of the catalogue.