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the laws of California, without reference to its
conflict of law provisions or the U.N. Convention on
Contracts for the International Sale of Goods, and
shall benefit Magellan, its successors and assigns.
This warranty does not affect the consumer's
statutory rights under applicable laws in force in their
locality, or the customer's rights against the dealer or
reseller arising from their sales/purchase contract.
Statutory warranty rights in France
Notwithstanding the guarantee thus granted, the
seller shall remain bound by the contract in regard to
any lack of conformity of the product and any latent
defect, as provided for in Articles 1641 to 1649 of the
Civil Code.
Article L. 211-4 of the Consumer Code provides that
the seller shall deliver a product which conforms to
the contract and shall warrant the consumer in the
event of non conformity upon delivery. The seller is
also liable for any non conformity which may result
from the packaging, assembly instructions, or from
the installation when he was in charge of the
installation under the contract or when the
installation was implemented under his
responsibility.
Article L. 211-5 of the Consumer Code provides that,
in order to conform to the contract, the product
shall:
1° Fit for the use usually expected from a similar
product and, if any:
- correspond to the description given by the seller
and have the same characteristics as those
presented by the seller to the purchaser under
samples or models;
- have the characteristics that a purchaser may
legitimately expect in the light of public
statements made by the seller, by the producer or
his representative and in particular in advertising or
on labeling;
2° Or, have the characteristics defined by the
common agreement of the parties or fit for a
particular use sought by the purchaser,
communicated to the seller and accepted by the
seller.
Article L. 211-12 of the Consumer Code provides that
any claim based on non conformity must be brought
within 2 years from the delivery of the product.
Article 1641 of the Civil Code provides that the seller
shall warrant the product sold against any hidden
defects which render the product improper to the use
for which it is destined, or which limit the use of such
product in such extent that the purchaser would not
have bought the product or would have paid a lesser
price if he had been in a position to know the
existence of such defect.
