Decennial Liability in French Law

Question

We are a small SME trying to close a contract with a French customer. We are proposing to supply an electro/mechanical manufacturing solution that comprises a number of moving and wearing parts.

Customer wants to use French Law as the basis for the contract. How do we protect ourselves against defect claims outside the normal warranty if they invoke the Decennial Liability in French Law. Does it only apply for hidden faults such as poor welds or faults within say cast metal ?

Answer

First and foremost, it is important and preferable to have an appropriate Applicable Law clause in your agreement even if you have to agree to the applicability of a foreign law.

If French Law is to be the applicable law, then I would strongly suggest that you obtain the advise of a qualified French lawyer. We can assist you with this and put you in touch with one of our contacts if required.

In the alternative, you may try to negotiate for English law to apply in which case you can approach an English lawyer for advise. However one suspects that this may not be acceptable to you customer.

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