What is the difference between the conformity warranty and the hidden defects warranty?

The conformity warranty covers a product that does not match what was agreed or announced. The hidden defects warranty covers a defect that was not visible at the time of sale and makes the item unfit for use or greatly reduces its usefulness.

Can a seller exclude all warranties in a contract?

Between professionals of the same specialty, limitations are often accepted. They are generally void against a consumer and, in many legal systems, against a buyer when the seller knew of the defect.

How long does a buyer have to act for a hidden defect?

The deadline depends on the country and the nature of the contract. In France, it is two years from discovery of the defect; check the local civil or commercial code for other countries.

Clause templatesCommercial

Warranty clause (conformity and hidden defects)

The warranty clause specifies the seller's or provider's commitment on the conformity and quality of what is delivered. It organises the claims procedure and remedies: repair, replacement, price reduction or refund. It cannot exclude the mandatory legal warranties, especially those protecting consumers.

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Clause template

1. The [SELLER / PROVIDER] warrants that the [PRODUCTS / DELIVERABLES] comply with the specifications set out in [ANNEX] and are free from defects that would make them unfit for their intended use. 2. This contractual warranty is granted for [DURATION] from [DELIVERY / ACCEPTANCE]. 3. The [BUYER / CLIENT] shall notify any defect in writing within [NUMBER] days of its discovery, with a description and supporting evidence. 4. Within [NUMBER] days of the notice, the Seller shall, at its option, repair or replace the defective item. If repair or replacement is impossible or fails, the Buyer may obtain a price reduction or a refund. 5. The warranty does not cover defects resulting from normal wear and tear, misuse, failure to follow instructions or modifications made by a third party. 6. This clause does not exclude or limit the mandatory legal warranties applicable to the contract.

Replace the bracketed items before use.

Variants

Software or IT deliverables

The Provider warrants for [DURATION] from acceptance that the deliverables operate in accordance with the functional specifications. Any reproducible anomaly reported in writing shall be corrected free of charge within [NUMBER] working days for blocking anomalies and [NUMBER] working days for minor anomalies. The warranty does not cover anomalies caused by modifications made by the Client or by third-party software.

When to use it

Sale of equipment, vehicles, machinery or goods
Software development or IT integration contracts
Construction, installation or renovation work
Supply contracts between professionals

Mistakes to avoid

Trying to exclude all warranties in a contract with a consumer, which is generally void
Failing to set a starting point for the warranty period
Confusing the commercial warranty with the legal warranty against hidden defects
Not specifying how and to whom defects must be reported

Country-specific notes

France
The buyer has two years from discovery of the defect to act under the legal warranty against hidden defects, within a limit of twenty years from the sale. A professional seller also owes the legal conformity warranty.
Source: Service-Public.fr, Garantie légale des vices cachés

Contracts that use this clause

Frequently asked questions

The conformity warranty covers a product that does not match what was agreed or announced. The hidden defects warranty covers a defect that was not visible at the time of sale and makes the item unfit for use or greatly reduces its usefulness.

Other Commercial clauses

Sources

Service-Public.fr, legal warranty against hidden defects

Indicative template, to adapt to your situation. It does not replace legal advice.

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Warranty clause (conformity and hidden defects)

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Variants