Commentary on Judgment No. 19061 of 2024: The 'Seen and Liked' Clause in Sales
Judgment No. 19061 of 2024 by the Court of Cassation offers an important reflection on sales dynamics, particularly regarding the 'seen and liked' clause. This order, authored by Dr. A. Carrato, clarified how this clause can exclude the warranty for defects of the sold item, provided that these defects are recognizable by the buyer with normal diligence.
The Legal Context of the Judgment
The central issue concerns the seller's liability towards the buyer, in relation to defects that may be present in the goods sold. The Court specified that the 'seen and liked' clause serves to certify that the buyer had the opportunity to examine the goods before purchase. If the seller has adequately informed the buyer and if the defects are evident, the seller is not liable.
In the specific case, the material in question was second-choice marble, with defects visible to the naked eye. The Court reiterated that, in such circumstances, the seller cannot be held liable for the presence of defects, unless it is proven that they were concealed in bad faith.
The Ruling's Maxim
Sale - Seller's obligations - 'Seen and liked' clause - Exclusion of warranty for defects of the sold item - Limits - Basis - Case law. In matters of sale, the contractual clause 'seen and liked', which aims to consensually ascertain the buyer's inspection of the sold item, exempts the seller from the warranty for defects of the latter with reference to those recognizable with normal diligence and not concealed in bad faith. (In this case, the Supreme Court quashed the decision that had found the seller liable, even though the delivered marble had defects perceptible to the naked eye, as it concerned supplies of second-choice marble pieces and different pre-cut batches, and as such, characterized by not entirely homogeneous colors and veining).
Practical Implications and Conclusions
This judgment has several practical implications for parties involved in sales contracts. It is essential for sellers to be transparent about the condition of the goods and for buyers to exercise due diligence in examining the goods. In particular, the importance of the following is highlighted:
- Being adequately informed about the products purchased.
- Requesting documentation and details on any existing defects.
- Using clear and well-defined contractual clauses.
In conclusion, judgment No. 19061 of 2024 serves as a useful guide for all those involved in sales, emphasizing that proper information and careful evaluation are essential to avoid future disputes.
