Brooklyn CDV

[benjulmag]

Originally Posted by Saco River Auction

Here are Messier's Terms and conditions....

1. Client has delivered to Messier certain photographs (the “Photos”) as described on page 1 and illustrated and by this
reference incorporated herein for all purposes. Client hereby represents and warrants to Messier that Client has all legal right
and power to authorize Messier to conduct the Services (as described in Part 2 below) with respect to the Photos. Client shall
remain liable for the risk of loss to the Photos.

2. Client has engaged Messier to conduct the following analytical services (the “Services”) with respect to the Photos to
determine the nature of the materials and the methods of manufacture of the Photos as described on page 1. The client has
waived and disclaims all claims and causes of action against Messier with respect to any damage caused to the Photos by the
performance of the Services.

If it is not possible to damage items during a forensic examination, then why is it in the terms and conditions.

Now as a business that is charged with selling an item that does not belong to us, why would you take a risk. If this card is damaged during the testing, who foots the bill to the consignor. Who calls the consignor and tells him that his once very valuable piece is now damaged and worthless. These are true concerns that none of you are willing to consider, yet you want us to make rash decisions or do forensic testing that we do not feel is warranted and is potentially dangerous to a historic piece. You can discuss this all you want, but the bottom line is this...terms and conditions are put forth based on incidents that have happened in the past, whether with Mr. Messier or other forensic examiners....so the risk is real, otherwise there would be no need for that kind off language in the terms and conditions.

Troy

Troy,

What about the following?

The winning bidder shall have the option at the conclusion of the auction to have the CdV sent to Mr. Messier for the additional testing. If the winning bidder declines to accept this option, then he/she will have no further recourse against Saco Auctions if the item is later shown to be a fake. If, though, the winning bidder exercises the option, upon Saco Auctions being paid for the item it will send it to Mr. Messier for the additional testing. If this testing determines the item is a fake through the presence of substances that were not commercially available in the 19th century, Saco Auctions will refund the purchase price to the winning bidder as well as be responsible for the additional testing expenses. If the testing does not so establish the item is a fake, then the winning bidder shall be responsible for paying the additional testing expenses and agrees to accept all risks associated with the testing.

So under this scenario Saco Auctions incurs no risk the additional testing might damage the item unless it is proven to be a fake. Then, even if the testing damages the CdV, what will have been damaged is something with no value to start with.