Seller's obligation to deliver complex products – Court of Cassation, Commercial Chamber, 26 November 2013 No. 12-25.191 Société Safe & Web company c/ Société Locam et autre
In this case, the company C had entered into a contract with the company S for the provision of internet services, in addition to a financial leasing agreement for hardware and software.
The Court of Cassation, after recalling the principle according to which "the obligation to deliver complex products is only fully executed upon completion of the effective development of the item sold," ordered the cancellation of the sale of the website for failure to deliver.
Based on the correspondence exchanged between the parties, it turned out that the seller did not respond to its customer's complaints, in spite of the protests made both before and after the signing of the delivery note by the purchaser regarding the lack of conformity of the equipment and software and on making the website operational. Therefore, it had not fulfilled its obligation to deliver, regardless of whether the website was accepted without reservation by the purchaser.