Like Bruce, I keep any consignments segregated from all other stock.
I do this because in my huge warehouse, it is too
easy to mix material otherwise.
I also do not give an inventory of material
received, as it would be impossible for me to
give up the time needed to do so. I simply
include a sheet of sold items with any payments
and I sell all of any consignment within one auction for simplification
However, nearly every consignment I have ever
received came with an inventory, and it matches my sales sheets.
Ergo, there are no complaints
Concerning any such complaints, like the one Geraldine has with Heritage:
the facts are that Geraldine says she sent some
things, but she never included an inventory
Heritage says they did not get them
this is a classic case of "she said, he said" and
if Geraldine were to sue Heritage (and attorney
Sean will say for sure), her case would be thrown
out because she has no kind of proof at all of
posters she sent to anyone and Heritage says they
didn't get such posters in her consignment.
I can imagine that people get confused all the
time, and confusion at times leads to false claims
I'm not saying Geraldine is or is not making such
claims, as I have no way of knowing for certain one way or the other.
however, Geraldine is clearly attempting to
damage Rudy & Heritage in some fashion by her
continuing accusations, and while her claims of
consignments being lost is not "provable", there
can be no doubt that if Rudy & Heritage wanted to
sue Geraldine for libelous claims, they would
have a much more viable claim than Geraldine has of lost posters
Rich
At 10:15 AM 6/5/2012, Bruce Hershenson wrote:
That is why I tell our consignors that an
inventory is for THEIR benefit and not ours. We
actually DO keep all consignors' items carefully
segregated until they are marked in three
different ways, so that we have a triple-check
system that results in our not losing items. We
HAVE had a small number of minor items misplaced
over the years, and we have paid those people
for those few items (and when they were later
located, as they always are, we have offered to
let the owner give the money back and have the
items, or we auction them as our consignment).
I still insist that if this were true, there
would be at least several others with the same
complaint, and others with legal actions
pending. It makes no sense to be a one-time
occurrence, unless there was an employee
stealing, but then they would continue, unless they were discovered and fired.
Bruce
On Tue, Jun 5, 2012 at 11:28 AM, Dale Dilts
<<mailto:[email protected]>[email protected]> wrote:
I must be missing exactly how taking an
inventory before sending would actually help?
I could write up a nice long list of stuff, only
send half of it, and then claim they lost it,
how much sense does that make and in court who
exactly is going to win that battle.
Making a list and taking pictures might make you
feel real safe, but sending no list at all
covers you just the same. Yes it would allow you
to reconcile your list against a sales list, but
other than that, pretty worthless as there is no
proof what actually ever enters the mail stream
or once opened what is done with it.
If you are going to consign anything, you simply
take the risk of your property leaving your
hands with potentially no return. Like it or
not, trust is still a must in any business that is not done person to person.
From: MoPo List
[mailto:[email protected]] On Behalf Of Carlos Duenas
Sent: Tuesday, June 05, 2012 10:55 AM
To: <mailto:[email protected]>[email protected]
Subject: Re: [MOPO] Rudy Franchi, Heritage, no Inventory
Hi all,
I guess it would be sad to agree that "trust no
one" is the best rule. I have send posters to
Christies in London and took the time to make an
inventory (because there were only a few items
they wanted, they only took posters worth over
US$250). Even sending the inventory which was
very small they didn´t send the inventory of
what they received and misplaced one of my
posters which they found after I complained
because they did not add it to their following
auction. On the other hand, I have sent hundreds
of posters and lobby cards to Bruce Hershenson,
I asked if I needed to send an inventory; they
said no, I trusted them and so far they haven´t
misplaced anything (and not making inventories
has saved me many hours of work). To be frank I
don´t have the memory to know if everything I
had sent to them has been auction or is being
held for a later auction, but I trust them and
if there were item that were special (valuable)
I would remember them the same way Geraldine
remembers her good posters that are missing.
Just to add more salt to this e-mail I would
like to share an experience that I find funny:
the same poster I sent to Christies in London, a
1964 NM My Fair Lady(which sold for about
US$800), I offered to Christies in NY and they
said they didn´t want it because of its low
value, nevertheless, a few days later a man from
that auction wrote to me saying that he would
buy the poster from me if I wanted. I also offer
that same poster to Heritage a few years ago and
they said the poster wasn´t good enough for their auction.
I very much appreciate Geraldine sharing with
everyone what happened to her, it think is
fantastic and cheap learning from others´ experiences.
Mainly for ethical reasons I think auctions
should have standard procedure to treat all
customers in the same careful and respectful
manner no matter their age or origin or if they
are dealers or collector but also for their
reputation because there are groups of people
like us (mopoers) that would share the good and
the bad for the benefit of all.
Best,
Carlos
From: "Walton, Jeffrey"
<<mailto:[email protected]>[email protected]>
To: <mailto:[email protected]>[email protected]
Sent: Monday, June 4, 2012 12:51 PM
Subject: Re: [MOPO] Rudy Franchi, Heritage, no Inventory
I concur wholeheartedly
.you just cant ship a
bunch of posters and claim foul when no
inventory on your part was done no matter if you
trust that identity or not. When shipping a
bunch of poster I always make an inventory and
send along a copy of the inventory as well. So
when Grey or Bruce compares the list and there
is a discrepancy there is at least a
record. What would have happened if the parcel
was lost in the mail, then try to stake a claim with the insurance?
The X-files said it best Trust no one.
From: MoPo List
[mailto:[email protected]] On Behalf
Of Richard Halegua Posters + Comic Art
Sent: Monday, June 04, 2012 3:31 PM
To: <mailto:[email protected]>[email protected]
Subject: Re: [MOPO] Rudy Franchi, Heritage, no Inventory
Geraldine
reading your posts as a outsider makes me wonder
about some of the things you mention in your emails.
Are you trying to get a resolution, or are you
just trying to disparage Rudy Franchi and Heritage?
Also, do you or do you not think that your own
actions are a partial contributor to your angst??
Don't get me wrong.. I'm not attempting to
disparage or attack you. I understand you have a
dispute, it was not to date settled in your favor and that makes you angry.
But some thing that you wrote puzzles me. Your
own lack of an inventory specifically.
2 weeks ago, I consigned a large collection of
my own to Profiles in History for their July
auction. I have a book collection or hardcover
Photoplay editions in dust jackets dating from
1913 to the 1940s with additional items up to the 1990s.
I have known Joe Maddalena for a reasonably long
time and we have done deals on both a personal
level and via his auction house. However,
regardless of my relationship with Joe, when I
consigned this collection to them of 800 books
and related items, there is no way I would have
let these items leave my possession without an inventory.
For 2 weeks prior to them leaving my warehouse,
I photographed each and every item in this
collection. Yes it was done in part so I could
have file images of these items for my image
archive, but it was also done so that in case of
any disputes, I could prove to Profiles what I
gave them. This is not for the protection of
myself and for the protection of Profiles. How
could I dispute any issues without having such an inventory in my hands??
Did I do this time consuming job for my own pleasure??
No Ma'am
I had plenty of other work to do, and such a
task only added to my weekly work schedule right
at a time when I was actually busier than I had
been in months, and anyone who knows me knows
that my work schedule is always completely full
and that I haven't been having lots of playtime
in my wonderful city of Las Vegas. It actually
left me with just one day to get ready for
Cinevent, and that one day wasn't nearly enough.
Joe may be my good friend and I trust him 100%,
but I do not leave it up to other people to
protect my own interests, as much as I would
like to when I don't have any time. If I leave
it up to someone else to protect my interests, I
really don't feel I can blame the other party no
matter how many assurances I have that I can.
Furthermore, if such a situation were to land me
in a lawsuit attempting to claim some sort of
duress, what portion of such duress is my own fault for not protecting myself??
I do remember the days when a handshake deal was
a bond, but I have also felt the betrayal of a
handshake deal not being honored, making me wish
I had done what was necessary to protect myself
before any issues arose. Not completing such an
action is no one's fault but my own.
So the question becomes, "IF" your claims are
true, what responsibility do you think you have
in not having done what was necessary to protect
yourself? Do you think this was a failure on
your behalf, or do you think that you have any responsibility at all?
If you were to sue Heritage, what proof would
you use to prove your case? Admittedly, you made
no inventory, Charlie is 82 and you are also at
an age where things become less clear to the
mind - through no fault of your own.. It just
happens as people get older. It will happen to me as well probably.
I have thought at times that something is
missing and believed I had given it to someone,
only to later find said item in my inventory,
generally somewhere that it doesn't belong, at
which point I was forced to apologize to that person who I thought screwed me.
You did not do what was necessary to protect
yourself, how can that be the fault of Heritage?
Rich
At 06:15 AM 6/4/2012, Geraldine Kudaka wrote:
Rudy, this list is not just for dealers.
There are a lot of people who lurk here who are
interested in movie posters. They are not
professional dealers in the business. Some may
be non-poster business people interested in
selling off collections acquired from either a
lifetime of working in the industry, or inherited them from dad, who passed on.
This is also a public list which non-subscribers
go to for archived information on how to sell their posters..
As a noted movie poster expert, these uninformed
sellers need to know that you will encourage
them to send their collections "post vite" to Heritage.
You will not tell them that they need to protect
themselves by doing a photographic inventory and
log of their posters before sending to Heritage.
You will not warn them that Heritage's inventory
process is suspect and their software probably
some home-user Access-like database program.
(Here, I'm referring to security differences
between programs like Quicken and true business
accounting software which do not allow you to
change entries without leaving a trail.)
You will not tell them that heritage will not return posters they do not sell.
You will simply funnel them to Heritage -- for your commission.
For this reason - among others - an esteemed
seller on this list posted a wish that you were dead...
Need I remind you I defended you? This was
before I sat down and went though our Heritage
file and discovered what was really going on.
This was before I went online and found that
Heritage has been accused by others for stealing
items submitted for consignment.
Last -- if you think you have spent "a huge
amount of time" on this issue, get real.
Suggesting we comply with Heritage's offer of
selling without commission fees is certainly not
an email that takes a lot of time to write.
After Grey threatened us with legal action, we
have spent far more money on attorney's fees
than you have... That's a hard financial cost on
top of the value of posters sent to Heritage.
While I appreciate your suggestion we go
bankrupt "sueing everybody involved", I will decline your advice.
In the start, I said this list is not just for
dealers. My emails are for the lurking public, now and in the future.
From: rudy franchi <<mailto:[email protected]>[email protected]>
To: <mailto:[email protected]>[email protected]
Sent: Friday, June 1, 2012 10:41 AM
Subject: [MOPO] Reply To Geraldine
It seems that I can't post to MOPO without Geraldine popping out like
a cuckoo bird on a spring. This has gone beyond rational discussion.
I've spent a huge amount of time on this problem and Grey has
spent the equivalent of days in hour after hour of trying to reach a
satisfactory conclusion. Perhaps Geraldine should just sue everyone
involved. After she loses, she can appeal it all the way to the
Supreme Court where it will go down in judicial history as "When I've Got A
Hammer vs. Everything's A Nail." Meanwhile, I will continue to
occasionally post here and just put up with the tirades. On some of
the stock market discussion boards I visit, one can put a particularly
annoying person on "ignore" so that their posts won't show up in your
message box. Would that we could do that here.
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--
Bruce Hershenson and the other 26 members of the eMoviePoster.com team
P.O. Box 874
West Plains, MO 65775
Phone: 417-256-9616 (hours: Mon-Fri 9 to 5
except from 12 to 1 when we take lunch)
<http://www.emovieposter.com/>our site
<http://www.emovieposter.com/agallery/all.html>our auctions
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