Terms of Guarantee

APPLY TO ILLUSTRATED SALES ONLY

1. Pook and Pook, Inc.’s Illustrated Catalogue Sales carry a limited guarantee. This guarantee is designed to protect the buyer against major discrepancies ( i.e. major restorations or repairs not described, fakes, forgeries, replicas, reproductions or major fabrications) that would have a major effect upon the value of the item purchased.

   1. Pook & Pook, Inc. warrants the authenticity of Authorship of each lot contained in this catalogue on the terms and conditions set forth below. "Authorship" is defined as the creator, period, culture, source of origin, as the case may be, as set forth in the Bold Type Heading of a lot in this catalogue, with exception of amendments by any oral or written salesroom notices or announcements. All other warranties of authenticity of authorship, express or implied, are hereby disclaimed and purchaser shall take each lot "as is" and with all faults and errors of description. Please note that this limited guarantee does not extend to any condition report, oral or written, provided to the buyer by Pook & Pook, Inc. Condition reports are provided as a courtesy and are not a replacement for physical observation/examination of the item(s) bidders with to purchase, and as such, bidders must assume the responsibility for any errors or omissions contained therein.
   2. Pook & Pook, Inc. warrants the Authorship of a lot for a period of 15 days from the date of the sale of such lot and only to the original purchaser of record at the auction. If it is determined to Pook & Pook's satisfaction that the Bold Type Heading is incorrect, the sale will be rescinded provided the lot is returned to Pook & Pook in the same condition in which it was at the time of the sale. It is also Pook & Pook's general policy to have the purchaser obtain, at the purchaser's expense, the opinion of one (or two in some cases) recognized experts in the field, mutually acceptable to Pook & Pook, Inc. and the purchaser, before Pook & Pook, Inc. determines whether to rescind the sale under the above warranty. 
   3. The purchaser's sole remedy in the event of disputed authenticity of authorship of any lot shall be rescission of the sale and restitution of the original purchase price and premium paid by such purchaser. Pook & Pook, Inc. hereby disclaims all liability for any damages, incidental, consequential or otherwise, arising out of or in connection with any sale to purchaser. Pook & Pook, Inc. will not refund any shipping and/or handling fees paid to a third party by the purchaser.
   4. Bold Faced Statements in the catalogue which identify a lot specifically as the work of the named artist or author shall mean that the work is by the named artist or author (i.e. if the name of the artist is printed in Bold Face Type without a question mark and without any qualifying phrase such as "attributed to" or "circle of". Bold Faced Statement s in the catalogue which attribute the work to a named artist or author shall mean that the work is of a period or school of the artist or author, but is not, with certainty, by the named artist or author. This may also be indicated with a Question mark following the name of author.
   5. Bidders are expected to examine material prior to purchase and at the time of pickup. If a bidder is unable to examine an item in person, they are responsible for obtaining a Condition Report and an Auction Addendum prior to bidding. If you are an absentee bidder, prompt payment and shipping arrangements are expected, followed by immediate examination of all material purchased. The purchaser must notify Pook & Pook, Inc. of any major discrepancies to the description listed in bold (unless previously corrected in the Condition Report and/or Addendum). Pook & Pook, Inc. pays its consignors 30 days after the day of sale. Once consignors have been paid, Pook & Pook, Inc. will not honor any requests for refunds. If a buyer suspects a major discrepancy, and will need longer than 30 days post sale to obtain documentation of such a discrepancy, they must notify Pook & Pook, Inc. in writing prior to that deadline so that payment can be withheld from the consignor until such time as the discrepancy is resolved or the sale is rescinded.
   6. Exclusions - Notwithstanding any other provision of these "Terms of Warranty", Pook & Pook, Inc. disclaims all warranties of authenticity of authorship for all lots consisting of works of fine art by or attributed to artists, authors or persons living before 1870 and, when no artist, author or person is so identified, works attributed to a period which includes any date prior to 1870 and all warranties relating to the identification of the periods or dates of execution of property' which may be proven inaccurate. Pook and Pook does not guarantee the names or patterns of Oriental rugs. All dimensions given in the catalogue are approximate and are not guaranteed. All weights, grades, sizes, listed are approximate. Pook and Pook, Inc. does not guarantee the working condition of mechanical items (i.e. clocks, watches, toys, etc.).
   Definitions of statements:
   
   a. "Attributed to" - work is of the period of the named artist and maybe the work of that artist, but not definitely so.
   
   b. "Circle of" - work of the period closely associated with the artist or from his studio.
   
   c. "School of' - work by a pupil or follower of the artist, in his style.
   
   d. "After" - in our opinion, a copy of the work of the artist.
   
   e. "Signed" - has a signature which in our qualified opinion is the signature of the artist.
   
   f. "Bears signature" - has signature which in our qualified opinion, might be the signature of the artist.

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