This text of New York § 13.01 (Express warranties) is published on Counsel Stack Legal Research, covering New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
§ 13.01. Express warranties. Notwithstanding any provision of any\nother law to the contrary:\n 1. Whenever an art merchant, in selling or exchanging a work of fine\nart, furnishes to a buyer of such work who is not an art merchant a\ncertificate of authenticity or any similar written instrument it:\n (a) Shall be presumed to be part of the basis of the bargain; and\n (b) Shall create an express warranty for the material facts stated as\nof the date of such sale or exchange.\n 2. Except as provided in subdivision four of this section, such\nwarranty shall not be negated or limited provided that in construing the\ndegree of warranty, due regard shall be given the terminology used and\nthe meaning accorded such terminology by the customs and usage of the\ntrade at the time and in the l
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§ 13.01. Express warranties. Notwithstanding any provision of any\nother law to the contrary:\n 1. Whenever an art merchant, in selling or exchanging a work of fine\nart, furnishes to a buyer of such work who is not an art merchant a\ncertificate of authenticity or any similar written instrument it:\n (a) Shall be presumed to be part of the basis of the bargain; and\n (b) Shall create an express warranty for the material facts stated as\nof the date of such sale or exchange.\n 2. Except as provided in subdivision four of this section, such\nwarranty shall not be negated or limited provided that in construing the\ndegree of warranty, due regard shall be given the terminology used and\nthe meaning accorded such terminology by the customs and usage of the\ntrade at the time and in the locality where the sale or exchange took\nplace.\n 3. Language used in a certificate of authenticity or similar written\ninstrument, stating that:\n (a) The work is by a named author or has a named authorship, without\nany limiting words, means unequivocally, that the work is by such named\nauthor or has such named authorship;\n (b) The work is "attributed to a named author" means a work of the\nperiod of the author, attributed to him, but not with certainty by him;\nor\n (c) The work is of the "school of a named author" means a work of the\nperiod of the author, by a pupil or close follower of the author, but\nnot by the author.\n 4. (a) An express warranty and disclaimers intended to negate or limit\nsuch warranty shall be construed wherever reasonable as consistent with\neach other but subject to the provisions of section 2-202 of the uniform\ncommercial code on parol or extrinsic evidence, negation or limitation\nis inoperative to the extent that such construction is unreasonable.\n (b) Such negation or limitation shall be deemed unreasonable if:\n (i) the disclaimer is not conspicuous, written and apart from the\nwarranty, in words which clearly and specifically apprise the buyer that\nthe seller assumes no risk, liability or responsibility for the material\nfacts stated concerning such work of fine art. Words of general\ndisclaimer are not sufficient to negate or limit an express warranty; or\n (ii) the work of fine art is proved to be a counterfeit and this was\nnot clearly indicated in the description of the work; or\n (iii) the information provided is proved to be, as of the date of sale\nor exchange, false, mistaken or erroneous.\n