Sale – Delivery of movables

Sale – Delivery of movables

Art. 2603. Obligation to deliver conforming things. The seller must deliver to the buyer things that conform to the contract. Things do not conform to the contract when they are different from those selected by the buyer or are of a kind, quality, or quantity different from the one agreed.

Art. 2604. Buyer’s right of inspection. The buyer has a right to have a reasonable opportunity to inspect the things, even after delivery, for the purpose of ascertaining whether they conform to the contract.

Art. 2605. Rejection of nonconforming things by the buyer. A buyer may reject nonconforming things within a reasonable rime. The buyer must give reasonable notice to the seller to make the rejection effective. A buyer’s failure to make an effective rejection within a reasonable time shall be regarded as an acceptance of the things.

Art. 2606. Buyer’s acceptance of nonconforming things. A buyer who, with knowledge, accepts nonconforming things may no longer reject those things on grounds of that nonconformity, unless the acceptance was made in the reasonable belief that the nonconformity would be cured.

Art. 2607. Buyer may accept part of things delivered. Out of a quantity of things delivered by the seller, the buyer may accept those things that conform to the contract and form a commercial unit and may reject those that do not conform. The buyer must pay at the contract rate for any things that are accepted.

Art. 2610. Cure of nonconformity. Upon rejection of nonconforming things by the buyer, the seller may cure the nonconformity when the time for performance has not yet expired or when the seller had a reasonable belief that the nonconforming things would be acceptable to the buyer. In such a case the seller must give reasonable notice of his intention to cure to the buyer.