(1) 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 art. Words of general disclaimer like “all warranties, express or implied, are excluded” are not sufficient to negate or limit express warranty of authenticity of the authorship of a work of art created under s. 686.504 or otherwise.
(2) The work of art is proved to be a counterfeit, and this was not clearly indicated in the description of the work.
(3) The work of art is unqualifiedly stated to be the work of a named author or authorship, or date or period or limited edition, and it is proved that, as of the date of sale or exchange, the statement was false, mistaken, or erroneous.
History.—s. 5, ch. 86-118.
Structure Florida Statutes
Title XXXIX - Commercial Relations
Chapter 686 - Sales, Distribution, and Franchise Relationships
686.40 - Agricultural Equipment Manufacturers and Dealers Act.
686.401 - Legislative Finding and Intent; Construction of Ss. 686.40-686.418.
686.402 - Definitions of Terms Used in Ss. 686.40-686.418.
686.403 - Application of Ss. 686.40-686.418.
686.405 - Warranty Agreements; Claims; Compensation of Dealers.
686.406 - Parts; Availability; Return.
686.408 - Repurchase of Inventory Upon Death or Incapacity of Dealer.
686.41 - Indemnification of Dealer With Respect to Legal Actions.
686.413 - Unlawful Acts and Practices.
686.415 - Unenforceable Contract or Franchise Agreement.
686.418 - Effect of Act on Other Remedies.
686.501 - Definitions; Ss. 686.501-686.506.
686.502 - Consignment Relationship; Notice; Proceeds of Sales Held in Trust; Contract Requirements.
686.503 - Contract Provisions.
686.504 - Warranties by Art Dealers; Written Statement; Terminology.
686.505 - Construction of Language.
686.506 - Rights and Liabilities, Additional; Merchant’s Liability.
686.601 - Legislative Finding and Intent; Construction.
686.602 - Definitions of Terms Used in Ss. 686.601-686.614.
686.604 - Warranty Agreements; Claims; Compensation of Dealers.
686.605 - Parts; Availability; Return.
686.606 - Repurchase of Inventory Upon Termination of Dealer Agreement.
686.607 - Repurchase of Inventory Upon Death or Incapacity of Dealer.
686.609 - Indemnification of Dealer With Respect to Legal Actions.
686.611 - Unlawful Acts and Practices.
686.612 - Unenforceable Contract or Agreement.
686.614 - Effect of Act on Other Remedies.
686.701 - Reimbursement of Federal Excise Taxes on Motor Fuel.