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Warranty
The Seller shall be subject to the terms of the statutory warranties provided for in Articles L. 211-4, L. 211-5 and L. 211-12 of the French Consumer Code and in Articles 1641 and 1648 of the French Civil Code. In accordance with provisions of law, the said Articles are reproduced below:
Article L. 211-4 of the French Consumer Code
The seller shall deliver a product conforming with the agreement. The seller shall be responsible for any non-conformance existing upon delivery. The seller shall also be responsible for any non-conformance resulting from the packaging, from the assembly instructions or from the installation when the seller is responsible for the installation under the agreement or when the installation was carried out under the seller’s responsibility.
Article L. 211-5 of the French Consumer Code
In order to be deemed in conformance with the agreement, any product must:
- Be fit for the use generally anticipated from a similar product and, where applicable:
- correspond to the description provided by the seller and have the characteristics described by the seller to the buyer in the form of samples or models;
- have the characteristics that a buyer may legitimately anticipate having regard to the public statements made by the seller, by the producer or by the manufacturer’s representative, in particular in the advertising or labelling; or
- Have the characteristics mutually agreed by the parties or be fit for any special use sought by the buyer, communicated to the seller and accepted by the seller.
Article L. 211-12 of the French Consumer Code
Non-conformance actions are time-barred two years after delivery of the product.
Article 1641 of the French Civil Code
The seller must give a warranty covering the hidden defects of the item sold, making it unfit for its intended use or decreasing such use to such an extent that the buyer would not have acquired the item or would have paid only a lesser price for the item, had the buyer known such defect(s).
Article 1648, paragraph 1, of the French Civil Code
Any action predicated on a critical flaw must be instituted by the buyer within two years from discovery of such flaw.