(a) Notwithstanding any provision in any other law to the contrary, whenever the seller of print multiples furnishes a purchaser informational details required by § 481F-4, such information shall be presumed to be part of the basis of the bargain and shall create an express warranty as to the information furnished.

Terms Used In Hawaii Revised Statutes 481F-5

  • print: means any print produced in more than one copy by means of engraving, etching, woodcutting, lithography, serigraphy, or other similar processes or any combination thereof. See Hawaii Revised Statutes 481F-1
  • seller: means a person who is in the business of selling, exclusively or nonexclusively, print multiples, or a person offering prints for sale who by the person's occupation holds the person's self out as having knowledge or skill peculiar to these works, or to whom that knowledge or skill may be attributed by the employment of an agent or other intermediary who by occupation represents as having that knowledge or skill. See Hawaii Revised Statutes 481F-1
  • seller of print multiples: includes an auctioneer who sells such works at public auction. See Hawaii Revised Statutes 481F-1
(b) The express warranty shall not be negated or limited because the seller did not have a specific intention or authorization to make a warranty or because any information furnished to the purchaser purports to be merely the seller’s opinion.
(c) The existence of a factual basis for the information furnished to the purchaser shall not be a defense against the purchaser in an action to enforce the express warranty.

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