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]>[
<mailto:[email protected]>mailto:[email protected]<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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