Unofficial translaction
ARTICLE 284– Passed that deadline provided for in paragraphs 2 and 3 of article 283 above,
the seller may still remediate, at his expense, to any non-performance of his obligations but the
buyer, whois entitled to claim damages, may object.
CHAPTER III: NON-EXECUTION OF THE OBLIGATIONS OF THE BUYER
ARTICLE 285- If the buyer does not seem able to pay the full price due to
insolvencyorcessationofpaymentsor even his delays in the agreed deadlines, the seller may
obtain from the competent court ruling expeditiously to defer the execution of his delivery
obligations. Such authorization may include the obligation to deposit the goods at his advanced
costs.
ARTICLE 286–Where the seller grants an additional extension for the payment of the price, he
may not invoke the non-execution of the buyer’s obligations before the end of this new time
limit. Where the buyer performs his obligations within that time limit, the seller may not
attempt to ask for damages.
ARTICLE287–Passed the time limit prescribed in article289above, the buyermay still perform
his obligationsbuttheseller,who still holdstherightto askfor damages,mayobject.
ARTICLE 288- In case the goods are not fit for the purpose, whether or not the price was
already paid, the buyer may reduce the price of the amount of the difference between the value
that compliant goodscould havehadat thetimeofdeliveryandthevalue that goods actually
delivered had at thatmoment.
ARTICLE 289– Where the seller delivers only part of the goods or if only one part of the
goods delivered is fit for the purpose, the buyer who agreed to accept the delivery may not
invoke non-execution of the contract and shall not claim damages relating to the part missing or
non-compliant.
ARTICLE 290– Where the seller delivers the goods before the set date, the buyer has the
option to accept or refuse to acceptthe delivery.
Where the seller delivers a greater quantity of goods than the one provided for in the contract,
the buyer has the right to accept or refuse to take up the delivery of the excess quantity.
Where the buyer accepts all or part of the surplus, he must pay for it at the rate stipulated in the
contract.
CHAPTER IV: DAMAGES
ARTICLE291–Any delay inpaymentof the priceentails compulsory
OHADA / Uniform Act / Unofficial Translations
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