Section 5: Miscellaneous provisions

Where the consumer asks the guarantor, during the term of the legal guarantee or the commercial guarantee granted to him on the purchase or repair of a good, for a repair covered by that guarantee, any period of immobilisation suspends the guarantee that was still running until the delivery of the repaired good. This period runs from the time of the consumer’s request for action or from the time the…

In the event of transfer of ownership of the goods between consumers for valuable consideration or free of charge, the sub-purchaser shall benefit from the rights acquired by the original purchaser, relating to the legal guarantee of conformity vis-à-vis the professional seller and, where applicable, to the commercial guarantee vis-à-vis the guarantor, in accordance with the provisions of this chapter.

The provisions of this chapter do not deprive the consumer of the right to bring an action arising from the guarantee for latent defects as it results from Articles 1641 to 1649 of the Civil Code or any other action of a contractual or extra-contractual nature recognised to him by law. Where a restriction arising from the infringement of the rights of any third party, in particular intellectual property rights,…

A recourse action may be brought by the seller against any person upstream in the chain of commercial transactions, including the producer, in accordance with the provisions of the Civil Code.

The provisions of this chapter shall also apply to contracts concluded between a professional seller and a non-professional buyer.