16 December 2019
Warranty against latent defects: Disclaimers
Insofar as the manufacturer is presumed to be aware of the defects affecting the thing sold only with regard to the lay purchaser, a disclaimer may be enforced in respect of latent defects in a contract with an intermediary reseller in the same speciality, unless the latter can bring proof that the manufacturer had actual knowledge of the defect and had acted in bad faith.
Court of Cassation, 1st civil chamber, 27 November 2019, LawLex201900001516JBJ
Warranty against latent defects: Disclaimers
A manufacturer may implement the clause in the sales contract with its distributor limiting the warranty to a refund of the price to the exclusion of any other damages, against the sub-buyer of the thing.
Court of Cassation, 1st civil chamber, 27 November 2019, LawLex201900001516JBJ
Unfair terms: Indemnity
A contract term intended to remove or reduce the right to compensation for loss suffered by the consumer in the event of the professional’s failure to comply with one of his obligations, is irrefutably deemed unfair, irrespective of which party stipulated it.
Court of Cassation, 1st civil chamber, 11 December 2019, LawLex201900001520JBJ
