commercial guarantee
LexInter | October 25, 2002 | 0 Comments

COMMERCIAL GUARANTEE

Section 3 Commercial Guarantee

 

Repealed provisions

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.

 

 

Section 3: Commercial guarantee

Article L211-15

(inserted by Ordinance No. 2005-136 of February 17, 2005 art. 1 Official Journal of February 18, 2005)

The commercial guarantee offered to the buyer takes the form of a writing made available to him.
This writing specifies the content of the guarantee, the elements necessary for its implementation, its duration, its territorial scope as well as the name and address of the guarantor.
It mentions that, regardless of the guarantee thus granted, the seller remains liable for defects in the conformity of the goods with the contract and for crippling defects under the conditions provided for in articles 1641 to 1649 of the civil code. It reproduces in full and conspicuously articles L. 211-4, L. 211-5 and L. 211-12 of this code as well as article 1641 and the first paragraph of article 1648 of the civil code.
In the event of non-compliance with these provisions, the warranty remains valid. The buyer is entitled to use it.

Note: Ordinance 2005-136 2005-02-17 art. 5: The provisions of this ordinance apply to contracts concluded after its entry into force.

Article L211-16
(inserted by Ordinance No. 2005-136 of February 17, 2005 art. 1 Official Journal of February 18, 2005)
When the buyer requests from the seller, during the course of the contractual guarantee which has been granted to him, a repair covered by the guarantee, any period of immobilization of at least seven days is added to the duration of the guarantee that remained to run. This period runs from the buyer’s request for intervention or the provision for repair of the property in question, if this provision is subsequent to the request for intervention.

Note: Ordinance 2005-136 2005-02-17 art. 5: The provisions of this ordinance apply to contracts concluded after its entry into force.

Leave a Comment

Your email address will not be published.


CAPTCHA Image
Reload Image