What are the special purchase agreements?

purchase contracts lawyer

There is talk of Special sales contracts in consideration of the modalities of consent given, are objeto, or the incorporation of additional covenants which condition its operation.

For the modalities of consent

Firstly highlights Sale of samples (Art. 327 Commercial Code). The sample is a portion of the goods to be hired and to be delivered and serves to secure the item for sale. This has the following features:

a) Merchanting is firm and under no condition.

b) The sample will test the breach of contract if. But if the good is subject to the sample, the buyer can not refuse the receipt of genres hired (Art. 327 C.Com.)

The sale by sample is specific and not to be confused with regular use of the "samples" that occurs in the line of business (samples to attract customers, on sample sales samples deliverable, partial shipments of merchandise, catalog sales ..)

The buyer receives merchandise that does not conform to the sample can ask the termination of contract (Art. 327 C. Com) or you can enforce (Art. 1424 C.Civil).

The case law also supports the actions by hidden defects of goods on sale on samples.

Second, is the Sale or tested, set out in Article 328.2 the C.Com: In this contract, the purchaser is entitled to checking the quality of the merchandise purchased. If there is disagreement, should appoint an expert. The test or trial is about whether the goods meet certain characteristics, but approval is not left to the discretion of the buyer.

Thirdly, the Art. 328.1 Collects C.Com Sale unless approved: In this mode, The purchaser reserves the right to examine the goods and terminate the contract at any, although he has already delivered, "If you do not agree genres". Are considered sales made under a condition precedent. However, leaving the fulfillment of the obligation to the discretion of one party, would void the contract (Art. 1.115 C.C.). It is therefore more appropriate to consider these sales as training contracts, in which the consent of the purchaser is delayed until the thing looks.

Further arrangements are:

  • the Sale unless confirmed, in which the buyer normally acts as a broker and the sale is not perfected until the seller gives his confirmation.
  • The Sale except in case of sale: The seller agrees to sell while supplies last.

You may be interested in your business use special purchase contracts, or uses that are customary in its sector.

In upcoming posts we will continue to discuss these contracts.

Consult your case by clicking here.


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