§ 5-62-9 Express warranties. – Notwithstanding any provision of any other law to the contrary:
(1) Whenever an art merchant, in selling or exchanging a workof fine art, furnishes a certificate of authenticity or any similar writteninstrument to a buyer of the work who is not an art merchant, it:
(i) Shall be presumed to be part of the basis of the bargain;and
(ii) Creates an express warranty for the material factsstated as of the date of the sale or exchange.
(2) Except as provided in subdivision (4) of this section,the warranty shall not be negated or limited provided that in construing thedegree of warranty, due regard shall be given to the terminology used and themeaning accorded to the terminology by the customs and usage of the trade atthe time and in the locality where the sale or exchange took place.
(3) Language used in a certificate of authenticity or similarwritten instrument, stating that:
(i) The work is by a named author or has a named authorship,without any limiting words, means unequivocally, that the work is by the namedauthor or has the named authorship;
(ii) The work is "attributed to a named author" means a workof the period of the author, attributed to him or her, but not with certaintyby him or her; or
(iii) The work is of the "school of a named author" means awork of the period of the author, by a pupil or close follower of the author,but not by the author.
(4) An express warranty and disclaimers intended to negate orlimit a warranty shall be construed, wherever reasonable, as consistent witheach other, but subject to the provisions of the Uniform Commercial Code,§ 6A-2-202, on parole or extrinsic evidence, negation or limitation isinoperative to the extent that the construction is unreasonable.
(ii) A negation or limitation is deemed unreasonable if:
(A) The disclaimer is not conspicuous, written and apart fromthe warranty, in words, which clearly and specifically apprise the buyer thatthe seller assumes no risk, liability or responsibility for the material factsstated concerning the work of fine art. Words of general disclaimer are notsufficient to negate or limit an express warranty; or
(B) The work of fine art is proved to be a counterfeit andthis was not clearly indicated in the description of the work; or
(C) The information provided is proved to be, as of the dateof sale or exchange, false, mistaken or erroneous.
§ 5-62-9 Express warranties. – Notwithstanding any provision of any other law to the contrary:
(1) Whenever an art merchant, in selling or exchanging a workof fine art, furnishes a certificate of authenticity or any similar writteninstrument to a buyer of the work who is not an art merchant, it:
(i) Shall be presumed to be part of the basis of the bargain;and
(ii) Creates an express warranty for the material factsstated as of the date of the sale or exchange.
(2) Except as provided in subdivision (4) of this section,the warranty shall not be negated or limited provided that in construing thedegree of warranty, due regard shall be given to the terminology used and themeaning accorded to the terminology by the customs and usage of the trade atthe time and in the locality where the sale or exchange took place.
(3) Language used in a certificate of authenticity or similarwritten instrument, stating that:
(i) The work is by a named author or has a named authorship,without any limiting words, means unequivocally, that the work is by the namedauthor or has the named authorship;
(ii) The work is "attributed to a named author" means a workof the period of the author, attributed to him or her, but not with certaintyby him or her; or
(iii) The work is of the "school of a named author" means awork of the period of the author, by a pupil or close follower of the author,but not by the author.
(4) An express warranty and disclaimers intended to negate orlimit a warranty shall be construed, wherever reasonable, as consistent witheach other, but subject to the provisions of the Uniform Commercial Code,§ 6A-2-202, on parole or extrinsic evidence, negation or limitation isinoperative to the extent that the construction is unreasonable.
(ii) A negation or limitation is deemed unreasonable if:
(A) The disclaimer is not conspicuous, written and apart fromthe warranty, in words, which clearly and specifically apprise the buyer thatthe seller assumes no risk, liability or responsibility for the material factsstated concerning the work of fine art. Words of general disclaimer are notsufficient to negate or limit an express warranty; or
(B) The work of fine art is proved to be a counterfeit andthis was not clearly indicated in the description of the work; or
(C) The information provided is proved to be, as of the dateof sale or exchange, false, mistaken or erroneous.
§ 5-62-9 Express warranties. – Notwithstanding any provision of any other law to the contrary:
(1) Whenever an art merchant, in selling or exchanging a workof fine art, furnishes a certificate of authenticity or any similar writteninstrument to a buyer of the work who is not an art merchant, it:
(i) Shall be presumed to be part of the basis of the bargain;and
(ii) Creates an express warranty for the material factsstated as of the date of the sale or exchange.
(2) Except as provided in subdivision (4) of this section,the warranty shall not be negated or limited provided that in construing thedegree of warranty, due regard shall be given to the terminology used and themeaning accorded to the terminology by the customs and usage of the trade atthe time and in the locality where the sale or exchange took place.
(3) Language used in a certificate of authenticity or similarwritten instrument, stating that:
(i) The work is by a named author or has a named authorship,without any limiting words, means unequivocally, that the work is by the namedauthor or has the named authorship;
(ii) The work is "attributed to a named author" means a workof the period of the author, attributed to him or her, but not with certaintyby him or her; or
(iii) The work is of the "school of a named author" means awork of the period of the author, by a pupil or close follower of the author,but not by the author.
(4) An express warranty and disclaimers intended to negate orlimit a warranty shall be construed, wherever reasonable, as consistent witheach other, but subject to the provisions of the Uniform Commercial Code,§ 6A-2-202, on parole or extrinsic evidence, negation or limitation isinoperative to the extent that the construction is unreasonable.
(ii) A negation or limitation is deemed unreasonable if:
(A) The disclaimer is not conspicuous, written and apart fromthe warranty, in words, which clearly and specifically apprise the buyer thatthe seller assumes no risk, liability or responsibility for the material factsstated concerning the work of fine art. Words of general disclaimer are notsufficient to negate or limit an express warranty; or
(B) The work of fine art is proved to be a counterfeit andthis was not clearly indicated in the description of the work; or
(C) The information provided is proved to be, as of the dateof sale or exchange, false, mistaken or erroneous.
