Contradiction with the sales contract


  • Seller responsible to buyer that goods sold adoptable with purchaser is in conformity with the contract of purchase, in particular, it has no defects.


  • If is not determined otherwise by this low, in accord with the contract of purchase according the article 1 is comprehended, that the sold thing must have a quality, amount, measure and weight required or laid down by legal regulations and must be free of defects; in particular, it must be in accordance with technical norms. In case of perishable food, it is necessary to mark out minimum durability date and, in case of quickly perishable food, the applicability date. If the nature of the thing allows it, the buyer has the right to demand that the thing be checked in his presence or that its operation is shown to him.


  • In case the receipt of goods with buyer is not in conformity with the contract (hereinafter as \"contradiction with the sales contract\"); the buyer shall have the right to a free, timely and due removing of the defect. The vendor must remove the defect without undue delay, in compliance with buyer, who may demand exchange or repair of the thing. If the defect can not be removed, the buyer has the right to an adequate discount from the price of the thing or to withdraw from the agreement. This does not apply if the buyer knew about contradiction with the sales contract or caused it himself.


  • Contradiction with the sales contract, which will take effect during six months of receipt of goods, is considered to have already existed in its takeover, if it is inconsistent with the nature of the case or if it is not proven the contrary.

 

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