From: Brian Falk
Sent: Thursday, March 31, 2005 3:10 PM
To: jtashman@parkwestgallery.com
Subject: Reply ??

Dear Jennifer

I haven't received an answer from you concerning my e-mail dated March 23rd.

I'm letting you know, that I still consider April the 6th as the final date for Park West to deal with my complaint.

Kind regards

Brian Falk

From: Jennifer Tashman <jtashman@parkwestgallery.com>
To: Brian Falk
Subject: RE: Reply ?? Received:
Date: 31 Mar 2005 11:00 PM

Dear Mr. Falk,
I am in receipt of both emails and they have been properly forwarded.
Sincerely,
Jennifer

From: Bill Smith <bsmith@parkwestgallery.com>
To: Brian Falk
CC: Jennifer Tashman <jtashman@parkwestgallery.com>
Date: Thu, 31 Mar 2005 18:00:13 -0500

Dear Mr. Falk,

I have reviewed the e-mail you sent to Jennifer Tashman in our customer service department. Please note the following regarding the concerns you have raised.

1. You received a different work from the "Biblia Sacra," by Salvador Dali than the one you bid on while on the ship.

2. You expressed an interest in purchasing the piece you received instead of exchanging it for the correct piece. At the time you asked for our "best offer."

3. The piece you have possession of is a more expensive work. However, we agreed to allow to have it for the same price as the one you bid on.

4. The work that you have in your possession is numbered in Roman Numerals and annotated g.a.. You will find the annotation and numbering in the lower left corner of the work. The Roman Numeral numbering scheme indicated that your work comes from one of the nine bound bibles that we received with the collection. There are only nine examples of this work that were from bound bibles.

5. The work is hand-signed by Dali. I actually have an example of this work in my office. You will note two signatures in the lower left part of the image. One is in a reddish color with the date 1964 just below it. That signature is a signature in the plate, i.e. it was printed when the image was printed. Dali's hand-signature is just to the above right of the red signature. On the example in my office it is just below the left big toe of the main figure. The example I have in my office is hand-signed in blue.

7. It is ridiculous that the Danish auction house "Brunn-Rassmussen" would value the work for less than the shipping cost. These works have never been sold at any international auction and therefore there would be no publicly available records for them to base a value judgment upon. We have exclusively sold hundreds of works from this collection and have the sales records to substantiate the values. On the other hand the Danish auction house has never had one of these works for sale. Please send me a copy of the Dutch auction house's "appraisal" if you would like me to provide a specific response to their determination of value.

8. I do not know where you got the "Additional Terms and Conditions" that discuss "a 60 day money back guarantee, if a purchase does not hold the value stated by, and paid to Park West." That is not our corporate policy and it is not in writing on any Park West documents.

9. I am not involved in the shipment of artwork so I cannot comment on the declared value that was on your UPS documents. If you like you may keep the work that you have in your possession or we can send you the work you originally acquired in exchange. Please e-mail Jennifer Tashman and let her know what you would like for us to do. There is no basis for a refund.

From: Brian Falk
Sent: Friday, April 01, 2005 2:29 PM
To: jtashman@parkwestgallery.com
Subject: The ... Dali piece

Dear Jennifer

I was told to send e-mail to you. However this mail is as much to Mr. Smith, so please forward this message to him:

Dear Mr. Smith

Thank you very much for your answer. BUT: The piece that I received is NOT numbered and signed by Giuseppe Albaretto. Obviously I would not have argued about this, if there had been a signature by g.a. and a number on the piece. So once again - the piece that I hold is NOT numbered. Concerning the appraisal, surely you must be the first to know about the complications regarding "Dali" pieces, which "only" holds a signature. The Sacra Biblia collection has been overproduced to say the least, and without any documentation it is questionable if the lithograph was actually made by Mr. Dali. I do not at this point want to comment on the reasons for the low appraisal made by the auction house.

Regarding your section 8 - the 60 day money back guarantee, it is stated on the back of the invoice, that claims concerning the artwork has to be provided to you within 60 days. According to the art director, that sold us the piece, this was insurance to us, that if the piece did not hold the value that was paid for it, we could get our money back. Once again I urge you to give us full refund. We bought the piece to have a great memory from our honeymoon. No matter what happens these lithographs will always remind us about all the trouble we had to go through. Finally I am a bit disappointed with the "tone" in your reply. I don't remember saying anything that could have upset you. Anyway I'll still end my e-mail, by wishing both of you a nice day ....

Best regards

Brian Falk

From: Jennifer Tashman <jtashman@parkwestgallery.com>
To: Brian Falk
Subject: RE: The ... Dali piece
Received: Date: 1 Apr 2005 9:36 PM

Dear Mr. Falk,

I am in receipt of your email and have forwarded it on. However, please be advised that Mr. Smith will be out of the office for the next two weeks on company business.

Sincerely,

Jennifer

From: Brian Falk
Sent: Wednesday, April 27, 2005 11:45 AM
To: jtashman@parkwestgallery.com; bsmith@parkwestgallery.com
Subject: Complaint about a Dali piece

Jennifer and Bill

Since you didn't even bother to answer my emails, I have had to carry on with my complaints to the various offices, that I mentioned.

For your information, some one of my claims are:-

The written invoice (agreement) made on board the Explorer of the Seas on the 9th of September stated a delivery period of 6 to 8 weeks. When I received the (incorrect) piece in January, it had already been 17 week. By this Park West have mistreated the agreement, which therefore is not valid. In other words: the deal is off.-

The invoice and terms and conditions written on it, deals with sales made on an auction. Since I did not buy the piece on an auction - the invoice(agreement) is not valid. SINCE YOU OBVIOUSLY DO NOT WANT TO GIVE ME A REFUND, I HERBY DEMAND, THAT YOU IMMEDIATELY SEND ME MY PICTURE. When I'm in receipt of my picture (Filius Prodigus, signed "g.a. II/IX"), you can have the one that belongs to you picked up (Ipse Erat Elias).

However: You can still give me full refund - and I'll withdraw all my claims/reports. After all, that is what I want the most.

Brian Falk