TERMS OF GUARANTEE AND APPRAISALS
The following terms and conditions govern our Guarantee and Appraisals.
ALL SALES ARE FINAL. PLEASE READ CAREFULLY ALL TERMS AND CONDITIONS BEFORE BUYING.
All bids and sales are conducted in accordance with the Terms and Conditions appearing on the front and back of this bid care and the front and back of the auction invoice.
TERMS OF GUARANTEE: The following Terms & Conditions govern our Guarantee.
1) CERTIFICATE OF AUTHENTICITY. All are comes with a Park West® registered Certificate of Authenticity providing a full written description of the artwork, governed by the following Terms & Conditions herein.
2) DEFINITION OF AUTHORSHIP. "Authorship" means the identity of the creator, the period or cultural source of the origin of the item, as the case may be, as set forth in the first line of the description of the artwork. For sports memorabilia items, "authorship" means the identity of the featured athlete whose signature (or copy/facsimile of signature) is affixed to the item. Please see the auctioneer for a full written description of any artwork displayed at the auction.
3) GUARANTEE COVERAGE. If within one year of the invoice date the original purchaser of record tenders to us a purchased item in the same condition as when sold through us and it is established that the identification of Authorship (as defined above) is not substantially correct, then the sale of such item will be rescinded and the original price refunded upon return of the item in the same condition as when originally purchased.
4) NON-ASSIGNABILITY. It is specifically understood that the benefit of this Guarantee is not assignable or transferable and shall be applicable only to the original purchaser of the item and not to the subsequent owners or others who have or may acquire an interest therein.
5) EXCLUSIONS. The Guarantee covers only the correctness of descriptions of the Authorship but does not extend to titles or other identification of offered items or descriptions of physical condition and size, quality, rarity, importance, provenance, exhibitions and literature of historical relevance, which information appears on the Certificate of Authenticity in lower case type below the first line of each entry identifying the Authorship. Although our best judgement is used in descriptions and the appropriate use of terms, and due care is taken to ensure the correctness of the supplemental material which appears below the first line of each entry on the Certificate of Authenticity, the Guarantee does not extend to any possible error or omissions therein.
6) DISCLAIMED and LIMITED REMEDY. In no event shall Park West®, the exhibition venue, or any of their respective parents, affiliates, subsidiaries, officers, directors or employees be liable for any damages whatsoever, including but not limited to incidental or consequential damages, loss of profits or loss of value or increase in value. We disclaim any liability for: (i) insurance losses, or (ii) claims for refunds or money damages based on a claim that our appraised value was too high, too low or otherwise inaccurate in any respect. It is further specifically understood that the sole remedy available is the rescission of the sale and refund to the original purchaser of the original purchase price paid for the item(s) as the sole and exclusive remedy and is in lieu of any and all other remedies which might otherwise be available. Any and all claims or disputes are subject to and governed by the arbitration provision set forth in the auction invoice.
1) Park West® Appraisals are available and recommended for insurance purposes. The cost of appraisals is $35 U.S. for the first work appraised and $15 U.S. for each additional work appraised at the same time.
2) The appraisal represents solely our opinion on the retail replacement value of the work. In making determination we rely on many factors including the condition of the artwork, reliable price data and lists, and may include gallery prices of reputable art galleries and appraisals provided by independent appraisers. We do not rely on third party prices or internet prices to arrive at the appraisal. Any appraisal provided by Park West® solely represents Park West's opinion on the retail replacement value of the artwork, and may not be an independent appraisal. In some cases, Park West® may own or have an interest in the artwork being sold. We do not issue refunds if another appraiser or source has a different opinion than ours. Park West® assumes no liability or responsibility for errors or omissions in connection with its appraisals. We do not assume and we disclaim any liability for: (i) insurance denials or losses, or (ii) claims for refunds or money damages based on a claim that our appraised value is too high, too low, or otherwise inaccurate.