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Should 5th Avenue Auctioneers be satisfied in its absolute discretion that the lot is a forgery and that the buyer is capable of transferring good and marketable title to the lot to a third party purchaser thereof, free from any encumbrances and other third party claims, the sale of that lot shall be set aside and the hammer price of that lot shall be refunded to the buyer, provided that the buyer shall have no rights against 5th Avenue Auctioneers (whether under these general conditions of business, at law or otherwise) if : 2.3.1.1 the only method of establishing that the lot was a forgery was by means of a scientific process not generally accepted for use until after publication of the catalogue in which that lot was identified for purposes of the auction at which it was sold or by means of a process which was impracticable and/or unreasonably expensive and/or could have caused damage to the lot