Arts and Cultural Affairs - Transactions Involving Artists and Their Works - Express Warranties - Express warranties

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§ 13.01. Express warranties. Notwithstanding any provision of any
other law to the contrary:

1. Whenever an art merchant, in selling or exchanging a work of fine
art, furnishes to a buyer of such work who is not an art merchant a
certificate of authenticity or any similar written instrument it:

(a) Shall be presumed to be part of the basis of the bargain; and

(b) Shall create an express warranty for the material facts stated as
of the date of such sale or exchange.

2. Except as provided in subdivision four of this section, such
warranty shall not be negated or limited provided that in construing the
degree of warranty, due regard shall be given the terminology used and
the meaning accorded such terminology by the customs and usage of the
trade at the time and in the locality where the sale or exchange took

3. Language used in a certificate of authenticity or similar written
instrument, stating that:

(a) The work is by a named author or has a named authorship, without
any limiting words, means unequivocally, that the work is by such named
author or has such named authorship;

(b) The work is "attributed to a named author" means a work of the
period of the author, attributed to him, but not with certainty by him;

(c) The work is of the "school of a named author" means a work of the
period of the author, by a pupil or close follower of the author, but
not by the author.

4. (a) An express warranty and disclaimers intended to negate or limit
such warranty shall be construed wherever reasonable as consistent with
each other but subject to the provisions of section 2-202 of the uniform
commercial code on parol or extrinsic evidence, negation or limitation
is inoperative to the extent that such construction is unreasonable.

(b) Such negation or limitation shall be deemed unreasonable if:

(i) the disclaimer is not conspicuous, written and apart from the
warranty, in words which clearly and specifically apprise the buyer that
the seller assumes no risk, liability or responsibility for the material
facts stated concerning such work of fine art. Words of general
disclaimer are not sufficient to negate or limit an express warranty; or

(ii) the work of fine art is proved to be a counterfeit and this was
not clearly indicated in the description of the work; or

(iii) the information provided is proved to be, as of the date of sale
or exchange, false, mistaken or erroneous.