Sec. 3. Words relevant to the creation of an express warranty of authenticity of authorship
of a work of fine art and words tending to negate or limit warranty shall be construed
where reasonable as consistent with each other; but subject to the provisions of
section 2202 of Act No. 174 of the Public Acts of 1962, being section 440.2202 of
the Compiled Laws of 1948, on parol or extrinsic evidence, negation or limitation
is inoperative to the extent that the construction is unreasonable. Subject to the limitations hereinafter set forth, the construction shall be deemed
unreasonable in any of the following cases:
(a) The language tending to negate or limit the warranty is not conspicuous, written
and contained in a provision, separate and apart from any language relevant to the
creation of the warranty, in words which would clearly and specifically apprise the
buyer that the seller assumes no risk, liability or responsibility for the authenticity
of the authorship of a work of fine art. Words of general disclaimer like “all warranties, express or implied, are excluded”
are not sufficient to negate or limit an express warranty of authenticity of the authorship
of a work of fine art, created under section 2 1 or otherwise.
(b) The work of fine art is proved to be a counterfeit, and this was not clearly indicated
in the description of the work.
(c) The work of fine art is unqualifiedly stated to be the work of a named author
or authorship and it is proved that, as of the date of sale or exchange, the statement
was false, mistaken or erroneous.
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
Was this helpful?
Response sent, thank you
Welcome to FindLaw's Cases & Codes
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law.