Colombian Commercial Code - Decree 410 of 1971 - Book IV - Of Contracts and Corporate Obligations - Part II - Sale and Swap - Chapter IV - Obligations of the Seller - From: Section 922 By: Art 942

COLOMBIAN COMMERCIAL CODE

CHAPTER IV

Obligations of the seller

Article 922 .- The tradition of the domain of real estate will also require the registration of title in the office for registration of public instruments, the physical delivery of the thing.

Paragraph .- In the same way be held tradition in the domain of motor vehicles, but registration of title is made to the officer and in the manner determined by the relevant statutory provisions. Tradition will be recognized and thus made before any authority is sufficient.

Article 923 .- The delivery of the means tested:

1. For transmission of bill of lading, waybill or invoice for the transportation of goods by land, sea and air;

2. For the determination made by the purchaser of its brand in the goods purchased with the knowledge and acquiescence of the seller;

3. By issuing the seller makes the goods to the address of the purchaser or any other agreed place, subject to the provisions of Article 915.

The expedition will involve delivery where it is made non-transfer of ownership, as when the seller has sent the goods to a consignee, with orders not to deliver to the buyer to pay the price or provide sufficient collateral, and

4. By any other means authorized by law or commercial practice.

Article 924 .- The seller must make delivery of the goods within the stipulated time. In the absence of a stipulation must be delivered within twenty-four hours following the conclusion of the contract, unless the nature of it or how the delivery should be done to verify it is clear that additional time is required.

Article 925 .- He is entitled to demand payment of damages for breach of the seller of its obligation to make valid tradition, with no need for any of the previously set forth in Article 1546 of Civil Code and 870 of this Book.

Article 926 .- If after the Contractor has considerably diminished the fortunes of the buyer, the seller is in danger of losing the price, delivery may be required, although it has been stipulated time to pay the price, but paying or securing the payment.

Article 927 .- In a contract that is agreed upon delivery of a quantity of goods to a fixed term, the buyer is not obliged to receive a portion, or even if the seller promises to deliver the rest, but if you take delivery partial sale will be accomplished in terms of received goods, unless the buyer's right to enforce the remainder of the agreement or the resolution of the unfulfilled part thereof, upon request of the debtor.

Article 928 .- The seller must deliver what the contract reads, with all its accessories, under the same conditions had improved when and if the thing sold is a true body, is obliged to keep to delivery failing to compensate the damages to the buyer, unless the loss or damage due to force majeure, which shall test the seller.

Article 929 .- In the sale of a "body right," the risk of loss by force majeure occurred before delivery, the seller shall, unless the buyer is in default to receive and that the force majeure or fortuitous event I had not destroyed without the delay of the buyer. In this latter case, the buyer the full price of the thing.

Article 930 .- If non-delivery should proceed from the random loss of the goods sold, for reasons not attributable to the seller, the contract shall be legal and the seller from any liability.

Article 931 .- unless otherwise proved, be presumed that the buyer wants to acquire the healthy thing, complete and unencumbered, dismemberment and limitations of the domain.

If the buyer within four days after delivery or within the time stipulated in the contract, alleging that the thing free from defects in quality or quantity, the dispute shall be submitted to the decision of experts, they will dictate whether the defects significantly affect the quality thing or make it so unworthy in non-receipt or will be at a lower price. In this case, the buyer is entitled to a refund of the price paid and the seller will be back in charge of the thing, without prejudice to the compensation which is bound by default. The judge, provide oral proceedings on these points.

But if the buyer wants, may persevere in the contract at the price set by experts *.

* Modified. Code of Civil Procedure.

Art. 435 ..- Modified. Decree 2282 of 1989, Article 1. Number 239. Matters covered. Be processed in one instance by the procedure governing this chapter (verbal summary process), the following issues:

...

Paragraph 1. In consideration of its nature:

...

8. The cases provided for in Articles 913, 914, 918, 931, 940, first paragraph, 1231, 1469 and 2026 to 2032 of the Commercial Code.

Article 932 .- If the seller guarantees for a specified time the proper functioning of the thing sold, the buyer must claim the vendor for any malfunction that arise during the term of the warranty within thirty days following that on which he has discovered, subject to revocation.

The seller shall indemnify the damage caused by any malfunction that is timely claim by the buyer.

The warranty period shall expire without a determination of the end of two years counted from the date of the contract.

Article 933 .- Presumed to be sold with guarantees usually sell things like this.

Article 934 .- If the thing sold has, subsequent to delivery services or whose cause is hidden defects before the contract, ignored no fault of the buyer, do the natural thing for improper destination or for purpose in the contract, the buyer will right to seek resolution of the same or a price reduction to fair pricing. If the buyer chooses the decision, return the thing to the seller.

In either case it will lead to compensation for damages from the seller, if he knew or should have known at the time of contract vice or defect of the thing sold.

Article 935 .- It shall be the seller proof that the buyer knew or should have known the poor condition of the thing sold at the time of the contract. To establish whether there is fault of the buyer will be considered custom.

Article 936 .- It will absolutely void any provision that excludes or limits the warranty for latent defects when the seller has been quiet about the bad faith purchaser.

Article 937 .- If the thing perishes as a result of vice, so let the buyer be entitled to terminate the contract. More if it perishes by force majeure, because the buyer or because it alienates or transform this thing will only lead to a price reduction to fair pricing.

Article 938 .- The action envisaged in Articles 934 and 937 will expire in six months from the date of delivery.

Article 939 .- Delivered goods sold, the buyer will not be hearing about quality defects or failures of any amount once the time has examined the delivery and received without previous protest.

He is entitled to demand the immediate recognition of the purchaser or the delivery receipt attesting to the satisfaction of the thing, and if the purchaser does not reserve their right to protest or to discuss the matter further, it will be as provided in first paragraph of this article.

Article 940 .- When the buyer, upon receipt of the thing, it claims not to be the type or quality agreed upon, or may not be received, the difference shall be submitted to expert determination as provided in Article 913, paragraph two *.

When no fault of their own and pre-sale because the buyer is fully edict of the thing, shall be entitled to restitution of the price already paid full compensation for damages.

If the eviction is partial and of such importance that it can be concluded that under such conditions would not have bought, may at its discretion exercise the buyer gives the action that the preceding paragraph or to remain in the contract by lowering the share price or compensation for the damage that you may have caused partial eviction.

* Modified. Code of Civil Procedure.

Article 427 .- Modified. Decree 2282 of 1989, Article 1. Number 231. Matters covered. Verbal process will be processed in accordance with the procedure set forth in this chapter, the following issues:

...

Paragraph 2. Because of its size:

...

12. Those provided for in Articles 175, 519, 940 second and third paragraphs, 941, 943, 945, 948, 950 (952), 852, 966, 972, 1164, 1170, and 1364 of the Commercial Code and any other matter that the order code resolved by summary proceedings or incidental self processing.

Art. 435 ..- Modified. Decree 2282 of 1989, Article 1. Number 239. Matters covered. Be processed in one instance by the procedure governing this chapter (verbal summary process), the following issues:

...

Paragraph 1. In consideration of its nature:

...

8. The cases provided for in Articles 913, 914, 918, 931, 940, first paragraph, 1231, 1469 and 2026 to 2032 of the Commercial Code.

...

Paragraph 2. Because of its size.

The business of small claims and referred to in paragraph 2. Article 427 which are of the same amount.

Article 941 .- The shares granted in the preceding article are extended to the buyer have to pay to third parties with a legitimate right price of the thing, in whole or in part, or purge in the same manner of liens or restrictions of the domain dismemberment. Such actions shall be barred in two years from the time the buyer return the thing, pay the price or drain assessment, dismemberment or limitation of the domain, and processed as an incident or the shortened trial plaintiff's choice *.

* Modified. Code of Civil Procedure.

Article 427 .- Modified. Decree 2282 of 1989, Article 1. Number 231. Matters covered. Verbal process will be processed in accordance with the procedure set forth in this chapter, the following issues:

...

Paragraph 2. Because of its size:

...

12. Those provided for in Articles 175, 519, 940 second and third paragraphs, 941, 943, 945, 948, 950 (952), 852, 966, 972, 1164, 1170, and 1364 of the Commercial Code and any other matter that the order code resolved by summary proceedings or incidental self processing.

Art. 435 ..- Modified. Decree 2282 of 1989, Article 1. Number 239. Matters covered. Be processed in one instance by the procedure governing this chapter (verbal summary process), the following issues:

...

Paragraph 2. Because of its size.

The business of small claims and referred to in paragraph 2. Article 427 which are of the same amount.

Article 942 .- In the event of termination of the sale for breach of the seller, the buyer is entitled to be paid for the commercial legal interest on the part paid the price or keep the fruits of the thing in proportion to that party, without prejudice to the corresponding compensation damages.