2 - Warranty Against Defects

Article 442

Art. 442 - The seller warrants against defects in the thing that substantially diminish its value or render it unfit for the use for which it is intended by its nature or by the contract. Defects that only slightly diminish the value or enjoyment of the thing, and those tolerated by custom, do not give rise to warranty. The seller also warrants the existence of the qualities declared by him, or those stipulated by the buyer.

Article 443

Art. 443 - However, when it comes to things whose true state can only be known by altering them, such as shelled fruits, the seller is only liable for hidden defects if he has expressly undertaken to do so, or if local custom imposes this guarantee on him.

Article 444

Art. 444 - In sales by sample, the seller guarantees the existence of the qualities of the sample. When the sample has perished or deteriorated, the buyer is required to prove that the goods are not in conformity with the sample.

Article 445

Art. 445 - The seller only warrants defects that existed at the time of sale, if it is a specific body in its individuality, or at the time of delivery, if it is a fungible thing that was sold by weight, by measure, or by description.

Article 446

Art. 446 - When it comes to movable assets other than animals, the buyer must examine the condition of the sold item as soon as they receive it and immediately notify the seller of any defect for which the seller is liable, within seven days of receipt. Failing to do so, the item is deemed accepted, unless it concerns defects that are not recognizable through an ordinary examination, or the buyer was prevented, due to a reason independent of their will, from examining the condition of the sold item. In this case, the defects of the item must be notified to the seller as soon as they are discovered; failing to do so, the item is deemed accepted. However, a seller acting in bad faith may not invoke this last provision.

Article 447

Art. 447 - The buyer must, without delay, have the condition of the thing verified by an expert appointed upon request by the President of the competent Tribunal. In the absence of a regular verification, the buyer is required to prove that the defects already existed at the time of receipt. This verification is not required when the sale is made by sample, whose identity is not disputed. If the merchandise comes from another location, and if the seller has no representative at the place of receipt, the buyer is required to provisionally ensure the conservation of the thing. If there is a risk of rapid deterioration, the buyer has the right and, when the seller's interest so requires, the buyer has the duty to initiate the sale of the thing by authorization requested on a simple petition to the President of the Tribunal of the place where it is located, after the verification mentioned above. The buyer must immediately, and under penalty of damages, notify the seller of all the above.

Article 448

Art. 448 - In the case provided for in the preceding article, the costs of reforwarding are borne by the seller.