Legal Guarantee Of Conformity
LexInter | June 9, 2015 | 0 Comments

Legal Guarantee Of Conformity

Article L211-4

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

The seller is required to deliver goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery.
It also responds to any lack of conformity resulting from the packaging, assembly instructions or installation when this has been charged to it by the contract or has been carried out under its responsibility.

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

Article L211-5

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

To comply with the contract, the good must:
1 ° Be suitable for the use usually expected of a similar good and, where applicable:
– correspond to the description given by the seller and possess the qualities that the latter has presented to the buyer as a sample or model;
– present the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, in particular in advertising or labeling;
2 ° Or have the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted.

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

Article L211-6

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

The seller is not bound by the public statements of the producer or his representative if it is established that he did not know them and was legitimately not in a position to know them.

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

Article L211-7

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

Defects of conformity which appear within six months from the delivery of the goods are presumed to exist at the time of delivery, unless proven otherwise.
The seller can challenge this presumption if it is not compatible with the nature of the goods or the lack of conformity invoked.

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

Article L211-8

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

The buyer is entitled to demand that the goods conform to the contract. However, he cannot contest the conformity by invoking a defect that he knew or could not ignore when he contracted. The same applies when the defect has its origin in the materials which it itself supplied.

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

Article L211-9

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

In the event of a lack of conformity, the buyer chooses between repair and replacement of the good.
However, the seller may not proceed according to the buyer’s choice if this choice entails a manifestly disproportionate cost compared to the other modality, taking into account the value of the good or the importance of the defect. He is then required to proceed, unless this is impossible, according to the method not chosen by the buyer.

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

Article L211-10

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

If repair and replacement of the good is not possible, the buyer can return the good and have the price returned or keep the good and have part of the price returned.
The same option is open to him:
1 ° If the solution requested, proposed or agreed in application of article L. 211-9 cannot be implemented within one month following the buyer’s complaint;
2 ° Or if this solution cannot be without major inconvenience for the latter taking into account the nature of the good and the use which it seeks.
The resolution of the sale cannot however be pronounced if the lack of conformity is minor.

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

Article L211-11

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

The application of the provisions of articles L. 211-9 and L. 211-10 takes place at no cost to the purchaser.
These same provisions do not preclude the award of damages.

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

Article L211-12

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

The action resulting from the lack of conformity lapses two years after delivery of the goods.

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

Article L211-13

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

The provisions of this section do not deprive the buyer of the right to exercise the action resulting from latent defects as it results from articles 1641 to 1649 of the civil code or any other action of a contractual or extra-contractual nature which is recognized to him. by the law.

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

Article L211-14

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

The recourse action can be brought by the final seller against the successive sellers or intermediaries and the producer of the tangible movable property, according to the principles of the civil code.

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

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