Contract of Supplies

Contract of supplies

Art. 3297 – Performance of contract.
(1)    The supplier shall have the initiative and choice as regards the manner of performing the contract.
(2)    He may apply to whom he things fit for the purchase of the materials and articles required for the performance of his obligations.Art. 3298 – Risks.
(1)    The supplier shall bear the risks of the loss of the thing which supervenes through force majeure until the acceptance of the thing by the administrative authorities.
(2)    The administrative authorities shall be bound by the liability of a depositary during the time between the dare of the deposit of the supplies in their warehouse and that on which a final decision is taken as to the acceptance or rejection thereof.Art. 3299 – Acceptance of merchandise.
The acceptance of merchandise shall take place in the manner and at the time specified in the contract.
Art. 3300 – Postponement of acceptance.
(1)    The administrative authorities may postpone the acceptance where the supplies are defective.
(2)    In such case, they shall inform the supplier of the time within which he shall remedy the defects of the supplies.Art. 3301 – Rejection of merchandise.
The administrative authorities shall reject the supplies which are not in conformity with the contract where such defect takes away the utility which such supplies have for the administrative authorities and the supplier is unable or refuses to remedy such defect within the required time.Art. 3302 – Expenses of verification of merchandise.
(1)    The expenses of the verification of the merchandise shall be borne by the supplier as regards the operations effected in his establishment and by the administrative authorities as regards other operations.
(2)    The supplier may be present at the verifications.
(3)    He shall be informed of the time chosen for such operations and be admitted to put forward his remarks.Art. 3303 – Liability of supplier.
(1)    The exercise of supervision on the part of the administrative authorities shall not affect the liability of the supplier.
(2)    It shall not restrict the right of the administrative authorities is to reject the supplies which are recognized to be defective at the time of acceptance or to cause to be repaired during the period of warranty the parts which are recognized to be defective.Art. 3304 – Performance by reason of default.
(1)    In the case of a contract of supplies, the performance by reason of default may be ordered where the supplier fails to carry out an urgent delivery or a contract has been cancelled.
(2)    The administrative authorities shall take the place of the defaulting supplier in purchasing the supplies from another supplier or in manufacturing them themselves.
(3)    Nothing shall affect the right of the administrative authorities to claim damages from the defaulting supplier.Art. 3305 – Power of the court.
(1)    The court may not cancel the sanctions of coercion or of dissolution applied by the administrative authorities against the other party to a contract of supplies.
(2)    In such contracts, it may only investigate whether the sanctions have been applied under conditions of such nature as to create a right to compensation in favour of the supplier.
(3)    Nothing shall affect the provision of art. 3306.Art. 3306 – Preliminary claim to the administrative authorities.
(1)    The supplier shall firstly make his claim to the administrative authority in the case and within the measure in which the contract imposes upon him such preliminary procedure.
(2)    A recourse to the judicial authorities which is not preceded by the obligatory claim to the administrative authorities shall not be admissible.
(3)    Where the contract prescribed a period for the claim to the administrative authorities and the supplier has failed to make such claim in due time, such claim shall be barred and the recourse to the judicial authorities shall not be admissible.

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