Guarantees
LexInter | April 17, 2017 | 0 Comments

Guarantees

CONSUMER CODE (Legislative Part)
Section 1: Legal warranty
Article L211-1
The rules relating to the guarantee against hidden defects in consumer contracts are laid down by articles 1641 to 1648, first paragraph, of the civil code reproduced below:
“Art. 1641: The seller is bound by the guarantee for defects hidden from the thing sold which make it unfit for the use for which it is intended, or which reduce this use so much that the buyer would not have acquired it or would have given only a lower price if he had them known.
“Art. 1642: The seller is not liable for apparent defects of which the buyer has been able to convince himself.
“Art. 1643: He is liable for hidden defects, even if he would not have known them, unless, in this case, he has stipulated that he will not be obliged to any guarantee.
” Art. 1644: In the case of articles 1641 and 1643, the buyer has the choice to return the item and have the price returned or keep the item and have part of the price returned as it will be arbitrated by experts .
“Art. 1645: If the seller knew of the defects of the thing, he is bound, in addition to the restitution of the price he received, for all damages towards the buyer.
“Art. 1646: If the seller was unaware of the defects in the thing, he will only be required to return the price and reimburse the purchaser for the costs incurred by the sale.
” Art. 1647: If the thing which had defects perished as a result of its poor quality, the loss is for the seller, who will be liable towards the buyer for the restitution of the price and other compensation explained in the two preceding articles.
“But the loss which occurs by fortuitous event will be for the account of the purchaser.
” Art. 1648, first paragraph: The action resulting from redhibitory defects must be brought by the purchaser, within a short time, depending on the nature of the redhibitory defects and the

CONSUMER CODE (Legislative Part)
Section 2: Provisions specific to conventional guarantees
Article L211-2
When a consumer asks a professional, during the course of the contractual guarantee granted to him during the acquisition or repair of movable property, a repair covered by the guarantee, any period of immobilization of the good of at least seven days is added to the duration of the guarantee which remained to run on the date of the request for intervention of the consumer or the provision for repair of the good in question, if this provision disposition is subsequent to the request for intervention.
The provisions of this article cannot be waived by agreement.

CONSUMER CODE (Legislative Part)
Section 2: Provisions specific to conventional guarantees
Article L211-2
When a consumer asks a professional, during the course of the contractual guarantee granted to him during the acquisition or repair of movable property, a repair covered by the guarantee, any period of immobilization of the good of at least seven days is added to the duration of the guarantee which remained to run on the date of the request for intervention of the consumer or the provision for repair of the good in question, if this provision disposition is subsequent to the request for intervention.
The provisions of this article cannot be waived by agreement.

 

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