Michigan Laws 442.323 – Language; construction
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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 or otherwise.
Terms Used In Michigan Laws 442.323
- authorship: refers to the creator of a work of fine art or to the period, culture, source or origin with which the creation of the work is identified in the description of the work. See Michigan Laws 442.321
- Counterfeit: means a work of fine art made or altered, with intent to deceive, in a manner that it appears to have an authorship which it does not in fact possess. See Michigan Laws 442.321
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Fine art: means a painting, sculpture, drawing or work of graphic art. See Michigan Laws 442.321
(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.