From: Howard, Julian (JFH)
Sent: 08 November 2008 14:02
To: 'Morris Shapiro'
Subject: RE: Dalí Set
Morris,
Prompted by this email from you which we thought was a rather odd response to mine, we are in the process of getting the Dalí set we bought from you independently authenticated and appraised. As a result of the initial indications we have received from experts looking at the works we have purchased from Park West, we are deeply concerned that the Dalí set we have purchased from you is not genuine, has faked signatures and is therefore heavily overpriced and that the authentication and appraisal we have been provided with by Park West are neither independent nor valid.
You were aware that we bought this set for the benefit of our children and we are deeply distressed by the likelihood of the set (and indeed the other works we have bought from Park West) not being genuine. We have also seen the recent New York Times article, International Herald Tribune article and a variety of material on the web which indicates that this is likely not to be an isolated incident.
If the results of the various independent processes we have put in train support what we believe may be the case, rest assured that we will pursue this and should we have to resort to litigation, we will pursue claims not only for the amount we paid for the artwork, but also damages for fraud, misrepresentation and associated consequential damages. However, without prejudice to our case we would invite you to reconsider - we would be prepared to send the Dalí set back to you in return for a full refund of the amount we paid for it; though we would expect you to arrange for its collection and return we would not, in the interests of getting this resolved quickly, look to be recompensed for storage and insurance and other ancillary costs we have incurred in relation to the set.
We will also be in touch with Royal Caribbean.
I look forward to hearing from you; please respond by 22nd November.

Julian

From: Morris Shapiro [mailto:MShapiro@parkwestgallery.com]
Sent: 21 November 2008 16:11
To: Howard, Julian (JFH)
Cc: Jaye Quadrozzi
Subject: FW: Dalí Set

Julian:

The Dalí Divine Comedy set you purchased is entirely authentic and the signatures are also authentic signatures of Dali. Park West is fully prepared to substantiate the authenticity of both, through our own documentation of provenance traceable back to the artist and through additional attestations if necessary by individuals still living and affiliated with the publication of the suite and the arrangement of the signings.

Let me assure you that, despite the negative publicity about Park West to which you refer in your email, Park West has been in business for forty years, has thousands of satisfied customers, and goes to extraordinary efforts to investigate and authenticate any artwork we sell.

With respect to the negative publicity you have heard, Park West is currently engaged in multi-state litigation against the Fine Art Registry, Theresa Franks, Bruce Hochman and David Phillips based upon false and defamatory statements made by these defendants. These false and defamatory statements, including statements that Dalí art sold by Park West is not authentic, have been published on various sites on the internet, repeated to a variety of media markets, including the New York Times, and repeated to many Park West customers, including yourself, in an effort to destroy Park West's goodwill and reputation. The portrayals by these individuals of Park West are false, defamatory and misleading and have caused damage to Park West. It is unfortunate that you have also been a victim of their campaign.

The information provided to you by these individuals and posted on the Fine Art Registry website and elsewhere is false. They have no credible or accurate source for their accusations, and have no experience or expertise in the area.

Although I clearly indicated to you at the time you purchased the suite, that it would not be practical or a realistic consideration to collect it for the purpose of reselling it a short time later and that my recommendation was to hold it for many years and pass it on to your heirs, within a few short months, you asked us to buy it back or re-sell it for you.

Fortunately the price you paid does allow us to re-market these works on consignment and generate prices that should potentially reimburse your purchase price. This process will take some time however, but if you are willing to take our recommendations as to the procedure, I believe we can accomplish this successfully for you.

I would like to discuss these arrangements with you and the terms of the agreement we propose. Should you wish to sell the suite as opposed to pursuing litigation and participating in the defamation campaign described above please provide me a convenient time and contact information as I previously requested to discuss these matters.

Morris

From: web_cruise_comments@rccl.com [mailto:web_cruise_comments@rccl.com]

Sent: 05 December 2008 21:23
To: Sharon Day

Dear Mr. & Mrs. Howard:

Thank you for your email regarding your Royal Caribbean International cruise on board the Adventure of the Seas. We appreciate the opportunity to respond to any concerns.
We regret your dissatisfaction with Park West Gallery. As you know, Park West is independently contracted as art auctioneer for our ships.
Although their services are provided onboard for the convenience of our guests, Park West discerns and facilitates all that is necessary to resolve any issues regarding art pieces purchased onboard. Therefore, while we sincerely regret that you considered the resolution offered by Park West to be unacceptable, please understand that we are unable to intervene, or offer any service recovery in this regard.
Additionally, as stated in our Cruise Ticket Contract, "any onboard concessions (including but not limited to, gift shops, spas, beauty salon, art program, photography, formal wear concessions) are either operated by or are independent contractors on board the Vessel, on Transport or elsewhere and are provided solely for the convenience of the Passenger. Even though the Carrier shall be entitled to charge a fee and earn a profit for arranging such services, all such persons or entities shall be deemed independent contractors and are not acting as agents or representatives of the Carrier. Carrier assumes no liability whatsoever for any services provided by such persons or entities." Nevertheless, please accept our sincere apologies for any disappointment experienced with our response.
Mr. & Mrs. Howard, we will continue in our efforts to consistently improve our product and services to meet the needs of our guests. We assure you that our dedication to serving our loyal guests remains constant, and remain genuinely apologetic for any displeasure experienced. Nevertheless, we truly look forward to the opportunity of welcoming you both back onboard the ships of Royal Caribbean International.

Sincerely,

Katherin Devitta
Corporate Guest Relations