An Attorney’s Read of the Park West at Sea Auction Invoice
September 28th, 2007 by FineArtRegistry
A Legal Commentary on the Park West at Sea Art Auction Invoice
Fine Art Registry Investigates
Purchasers at Park West at Sea cruise ship art auctions receive a number of documents related to their purchases which contain critical terms and conditions that all buyers should understand. Many of these terms should jump out as red flags, cautioning purchasers that what they think they are buying is not really what they are actually buying. According to Park West’s own sales documents, the item which Park West at Sea auction goers are bidding on is not likely the item they are buying. Most art purchased is not on the ship; the item on display is referred to by the Park West invoices as merely an “example” of the kind of work the customer will receive, which will be shipped from a land-based warehouse.
In this article, attorney and Fine Art Registry™ legal analyst Cindy Hill walks step by step through the Park West at Sea art purchase invoice, explaining how people in the legal system are likely to interpret the terms and conditions of the purchase, including the provisions that explain the shipment of substituted artworks, what is really included in the Certificate of Authenticity and in the Guarantee, and the hidden costs including a fifteen percent buyer’s premium as well as shipping, handling, and transit fees. After examining a number of actual invoices from Park West at Sea art auction purchasers, Attorney Hill and Fine Art Registry explain how the codes and fine print on a Park West at Sea invoice raise a number of questions and confusing points which art buyers should try to understand before they sign and commit to their purchase.
Key among these terms is the fact that no verbal representations at all – none of the sales pitch, pre- or post-auction conversation, or auctioneer’s patter – is of any effect whatsoever in the sales agreement. Park West at Sea art auction buyers need to understand that the only representations which Park West will stand by regarding the art purchased is a very small, specific portion of the titled description of the work. All other representations about a purchased work, including its value, rarity, and investment potential, are completely meaningless under the purchase terms. All cruise ship passengers considering buying art at an onboard art auction need to read this article before they buy.
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