Terms of Guarantee and Conditions of Sale
The authenticity of all works of art ("art") offered for sale by Scholten Japanese Art is guaranteed genuine as to authorship and as to the dates attributed, subject to changing scholarship.
The benefits of the limited warranty stated above are not assignable and shall be applicable only to the original purchaser of record and not to any subsequent owners (including, without limitation, heirs, successors, beneficiaries or assigns) who have, or may acquire, an interest in any purchased art.
Prices and condition reports are available on request. We will endeavor to honor a quoted price for a period limited to three months.
We are not responsible for errors and omissions in any catalog or supplemental material. All art is sold "as is" without any representation or warranties, other than the limited warranty stated above, as to correctness of any catalog or other description of the physical condition, size, provenance, exhibitions, literature or historical relevance, and as to whether the purchaser acquires any copyrights or reproduction rights in any art. No statement, oral or written, made in any catalog or elsewhere, shall be deemed to be such a warranty or representation, or an assumption of liability.
Title to purchased art shall not pass until payment in full has been received. Payment is to be made in U.S. dollars. New York State and City taxes will be charged as applicable. While credit cards are accepted for purchases of books or catalogues, they are not accepted for purchases of works of art.
Packing and shipping of purchased art are at the purchaser's expense, and at the sole risk of the purchaser. We are not responsible for the acts or omissions of carriers in packing or shipping of purchased art.
In no event will our liability to a purchaser exceed the purchase price actually paid. The rescission of the sale and refund of the original purchase price is exclusive and in lieu of any other remedy which might otherwise be available, and we shall not be liable for any incidental or consequential damages incurred or claimed.
All sales are governed by the laws of the State of New York. Any controversy or claim shall be submitted to arbitration in New York City in accordance with the Commercial Arbitration Rules of the American Arbitration Association. The award shall include all attorney fees and other direct out-of-pocket collection and recovery expenses, and judgment upon the award may be entered in any court having jurisdiction.