Brooklyn CDV

[Saco River Auction]

Originally Posted by Runscott

That is incorrect.

I hate to get involved in this discussion again, but this has been bugging me for a while.

Going to a vintage photography expert such as Paul Messier, was the correct move. You've mentioned your fears that the item will be damaged or destroyed by forensic testing. Mr. Messier is an avid 19th century albumen collector (as you have alluded to). Why would he offer tests of 19th century albumens that would be damaging or destructive? Did he tell you that these tests could result in damage?

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