CHAPTER 13. SALES OF MOVABLES Art. 2601. Additional terms in acceptance of offer to sell a movable An expression of acceptance of an offer to sell a movable thing suffices to form a contract of sale if there is agreement on the thing and the price, even though the acceptance contains terms additional to, or […]
Art. 2602. Contract by conduct of the parties A contract of sale of movables may be established by conduct of both parties that recognizes the existence of that contract even though the communications exchanged by them do not suffice to form a contract. In such a case the contract consists of those terms on which […]
Art. 2603. Obligation to deliver conforming things The seller must deliver to the buyer things that conform to the contract. Things do not conform to the contract when they are different from those selected by the buyer or are of a kind, quality, or quantity different from the one agreed. Acts 1993, No. 841, §1, […]
Art. 2604. Buyer’s right of inspection The buyer has a right to have a reasonable opportunity to inspect the things, even after delivery, for the purpose of ascertaining whether they conform to the contract. Acts 1993, No. 841, §1, eff. Jan. 1, 1995.
Art. 2605. Rejection of nonconforming things by the buyer A buyer may reject nonconforming things within a reasonable time. The buyer must give reasonable notice to the seller to make the rejection effective. A buyer’s failure to make an effective rejection within a reasonable time shall be regarded as an acceptance of the things. Acts […]
Art. 2606. Buyer’s acceptance of nonconforming things A buyer who, with knowledge, accepts nonconforming things may no longer reject those things on grounds of that nonconformity, unless the acceptance was made in the reasonable belief that the nonconformity would be cured. Acts 1993, No. 841, §1, eff. Jan. 1, 1995.
Art. 2607. Buyer may accept part of things delivered Out of a quantity of things delivered by the seller, the buyer may accept those things that conform to the contract and form a commercial unit and may reject those that do not conform. The buyer must pay at the contract rate for any things that […]
Art. 2608. Merchant buyer’s duty upon rejection of things When the seller has no agent or business office at the place of delivery, a buyer who is a merchant and has rejected the things must follow any reasonable instructions received from the seller with respect to those things. If the seller gives no such instructions, […]
Art. 2609. Purchase of substitute things by the buyer When the seller fails to render the performance required by a contract of sale of movable things, the buyer may purchase substitute things within a reasonable time and in good faith. In such a case the buyer is entitled to recover the difference between the contract […]
Art. 2610. Cure of nonconformity Upon rejection of nonconforming things by the buyer, the seller may cure the nonconformity when the time for performance has not yet expired or when the seller had a reasonable belief that the nonconforming things would be acceptable to the buyer. In such a case the seller must give reasonable […]
Art. 2611. Resale by the seller When the buyer fails to perform a contract of sale of movable things, the seller, within a reasonable time and in good faith, may resell those things that are still in his possession. In such a case the seller is entitled to recover the difference between the contract price […]
Art. 2612. Deposit of the things by seller When the buyer neglects to take delivery of movable things that are the contractual object the seller may request court authority to put the things out of his possession and at the buyer’s risk. The seller must give the buyer notice of the time at which the […]
Art. 2613. Things in transit, ownership When, according to the terms of the contract, the seller sends the things to the buyer through a common carrier, the form of the bill of lading determines ownership of the things while in transit. When the bill of lading makes the things deliverable to the buyer, or to […]
Art. 2614. Stoppage in transit The seller may stop delivery of the things in the possession of a carrier or other depositary when he learns that the buyer will not perform the obligations arising from the contract of sale or is insolvent. Acts 1993, No. 841, §1, eff. Jan. 1, 1995.
Art. 2615. Judicial dissolution In an action for judicial dissolution of a sale of movable things the court must grant dissolution, upon proof of the defendant’s failure to perform, without allowing that party any additional time to render performance. Acts 1993, No. 841, §1, eff. Jan. 1, 1995.
Art. 2616. Things in transit, risk of loss When the contract requires the seller to ship the things through a carrier, but does not require him to deliver the things at any particular destination, the risk of loss is transferred to the buyer upon delivery of the things to the carrier, regardless of the form […]
Art. 2617. Payment against documents In all cases where the parties have agreed that the seller will obtain a document showing that the things have been delivered to a carrier or a depositary the buyer must make payment against tender of that document and others as required. The seller may not tender, nor may the […]
Art. 2618. [Reserved]
Art. 2619. [Reserved]
