Commercial sale: Non-payment for defective merchandise

defaulting valencia lawyer defective goods

Commercial sale: Non-payment for defective merchandise


It is increasingly common to find the unpaid for merchandise "Supposedly" defective: The case is the following: a company sells a commodity to another, and when it's due, the acquiring company does not pay, claiming that the goods are not in perfect condition.

What can we do in these cases?

Being sale of goods between companies, His character is merchant and regulation is contained mainly in the Commercial Code:

Obligations of the seller

The seller must deliver the goods within which it had agreed (article 329 Commercial Code) and failing, on 24 hours of completion of the contract (article 337 of the Commercial Code).

Article 329 Commercial Code establishes a strict regime for if the seller fails, allowing the buyer terminate the contract, the enforce thereof, in both cases the right to claim compensation for damages who has suffered.

The seller, to oblige a deliver the quantity and quality agreed goods. Failure to deliver the full quantity, the buyer may refuse to receive a portion. If you accept the partial delivery, the sale is consummated in that part, and for the remainder, are enforceable nor for the resolution with damages appropriate (article 330 Commercial Code). Relative to the quality, The purchaser reserves the right to inspect the goods on delivery, with the power to terminate the contract if not it appropriate (article 329 of the Commercial Code).

The "cleaning"

If the goods corresponds to the agreed quality, but defective, we would have a case of "Sanitation". Under the provisions of Article 345 C.Com, the seller liable for any faults or defects you may have the goods. Case, is regulated in Articles 336 a 342 of the Commercial Code and is complete with seven articles of the civil code, numbers 1484 a 1490.

Is a regulation is not mandatory and can be modified by the parties, inserting warranty clauses. Do not lose vists purchases we are in meetings between traders (both). and these purchases, regulation to consumers and users does not apply.

Rejection of the goods by the buyer

In order for the buyer to reject the goods, must meet the following requirements, set out in Articles 336 and 342 Commercial Code:

1.-First, should denounce in a timely manner, with a very short time: 4 days if the defect is apparent and 30 days if the defect is hidden. These deadlines have, not from delivery, but since the time that the defect can be recognized.

But also, the complaint must be in judicial form, by a process of voluntary jurisdiction (art. 2127 LEC 1881, into force until it is approved voluntary jurisdiction law).

2.-Once judicially denounced the vice of the goods, the buyer has to go back to the judge to bring an action against the seller, within 6 months from delivery (article 943 Commercial Code which forwards the 1490 Item code of Civil).

Compliance with these requirements make it very difficult for compensation. In practice, such disputes are not carried by way of the vices of the goods, but delivery is alleged than that agreed upon, through Article 1124 Civil Code.

Buyer's Obligation

The main obligation of the buyer is paying the price. About this obligation, the Commercial Code no regulation, having to go to the Civil Code.

If the buyer defaults on payment, no right to settle the purchase. Article 341 Commercial Code obliges the buyer to pay the legal interest (unless it had agreed another interest for late). Here just take into account the interests established by law 3/2004 to combat delinquency and last amended in 24 February 2013.

If occurs non-payment, the seller may claim under Article 1124 the C.Civil.

Jurisprudence on the subject

The existence of a latent defect shall prove to the party alleging,in this case, al buyers who pay NIEGO. Emphasizes in this regard the judgment of the Provincial Court of Valencia Section 9 th of 4 July 2002:

"Different legal question is that plants have a hidden defect that will bring them the futility or inability of its own object, but such vice hidden, corresponds accredit under Article 1214 Civil Code (force in the instance, replaced by Article 217 Civil Procedure Act 2000) the party invoking it. "

In summary, if made after the delivery of, more than thirty days elapse, and the time of payment, the buyer begins to allege defects in the goods, the seller is positioned to emerge victorious in litigation, as the burden of proof that the merchandise was not correct, rests with the buyer.



Leave a Reply


Set as default language
 Edit Translation

Subscribe to receive a book PDF

Just for signing up receive via email the link to download the book "How to change lawyers" en format digital.
Sign up here

Sígueme en Twitter

Subscribe me

* This field is required