1. According to the provisions of articles 534 et seq. of CC (Chapter "sale and exchange"), the seller is liable irrespective of his fault if, at the time the risk passes to the purchaser, the thing sold "has actual defects or lacks the agreed qualities", since seller's obligation is to deliver the thing sold "with the agreed qualities and without actual defects".

The seller is especially liable if: a) the thing sold does not correspond to the description made by the seller or to the sample shown to the buyer, b) the thing sold has a diminished usefulness, c) the thing sold lacks the quality which it must satisfy according to commercial usage, d) the thing sold does not have the quality one can expect from things of the same kind.

The liability of the seller for not meeting his above obligation is excluded where the purchaser had knowledge of those actual defects or lack of agreed qualities at the time of conclusion of the contract or if those same defects were unknown to the purchaser at the same time, owing to the latter's gross negligence, unless the seller has acted fraudulently. Should the seller have fraudulently hidden those defects or the absence of the agreed quality, any agreement excluding or limiting his liability is null and void.

2. The remedies available to the purchaser, based on his choice, are his right to a) demand the repair or replacement of the defective product or b) ask for a reduction of the consideration or c) withdraw from the sale or d) claim compensation for non-performance of the contract, under certain circumstances. Should the court decide that the circumstances do not justify the annulment of the sale, it may grant a price reduction even if the purchaser asked for the sale to be annulled. Purchaser's remedies are subject to a five-year limitation period concerning immovable and two-year limitation period concerning movables. Regarding movables, the limitation period begins from the time when the thing sold has been handed over to the purchaser, however in case a guarantee period has been agreed or the seller has acted fraudulently or the purchaser had notified the seller of the defect within the limitation period, same is extended accordingly.