Section 15.13. Construction  


Latest version.
  • 1. The rights, liabilities and remedies created
      by  this  article  shall  be  construed  to be in addition to and not in
      substitution, exclusion or displacement of other rights, liabilities and
      remedies provided by law, except where such  construction  would,  as  a
      matter of law, be unreasonable.
        2.  Whenever  an  artist  sells  or  consigns  a  multiple  of his own
      creation, the artist shall incur  the  obligations  prescribed  by  this
      article  for  an  art  merchant,  but  an  artist shall not otherwise be
      regarded as an art merchant.
        3. An artist or merchant who consigns a multiple to a merchant for the
      purpose of effecting a sale of the multiple shall have no liability to a
      purchaser under this article if such consignor, as to the consignee, has
      complied with the provisions of this article.
        4. When a merchant has agreed to  sell  a  multiple  on  behalf  of  a
      consignor,  who  is  not  an  art  merchant,  or  when an artist has not
      consigned a multiple to a merchant, but the merchant has agreed  to  act
      as  the agent for an artist for the purpose of supplying the information
      required by this article, such merchant shall incur liabilities of other
      merchants prescribed by this article as to a purchaser.
        5. When an art merchant or merchant is liable to a purchaser  pursuant
      to  the provisions of this article, as a result of providing information
      in the situations referred to above in this section,  as  well  as  when
      such  a merchant purchased such a multiple from another merchant, if the
      merchant or art merchant can establish that his liability  results  from
      incorrect  information  which  was  provided by the consignor, artist or
      merchant to him in writing, the merchant who is  liable  in  good  faith
      relied  on  such  information,  the  consignor, artist or merchant shall
      similarly incur such liabilities as to the purchaser and such merchant.