Rhode Island General Laws 5-62-11. Express warranties for multiples
(a) When an art merchant furnishes the name of the artist of a multiple, or otherwise furnishes information required by this chapter for any time period as to transactions including offers, sales, or consignments, the provisions of § 5-62-9 shall apply, except that the section shall be deemed to include sales to art merchants. The existence of a reasonable basis in fact for information warranted shall not be a defense in an action to enforce the warranty, except in the case of photographs produced prior to nineteen hundred fifty (1950), and multiples produced prior to nineteen hundred (1900).
Terms Used In Rhode Island General Laws 5-62-11
- art merchant: includes an auctioneer who sells art works at public auction, and except in the case of multiples, includes persons, not otherwise defined or treated as art merchants in this section, who are consignors or principals of auctioneers. See Rhode Island General Laws 5-62-2
- Artist: means the creator of a work of fine art or, in the case of multiples, the person who conceived or created the image, that is contained in or constitutes the master from which the individual print was made. See Rhode Island General Laws 5-62-2
- multiples: means prints, photographs, positive or negative, sculpture, and similar art objects produced in more than one copy and sold, offered for sale, or consigned in, into, or from this state for an amount in excess of one hundred dollars ($100), exclusive of any frame, or in the case of sculpture, an amount in excess of fifteen hundred dollars ($1,500). See Rhode Island General Laws 5-62-2
(b) The provisions of § 5-62-9(4) shall apply when an art merchant disclaims knowledge as to a multiple about which information is required by this chapter; provided, that in addition, the disclaimer shall be ineffective unless clearly, specifically, and categorically stated as to each item of information and contained in the physical context of other language setting forth the required information as to a specific multiple.
History of Section.
P.L. 2000, ch. 429, § 2.