In the case decided, it concerns the sale by the company Texatop to the company Merien of a mold, weighing 5,300 kg, and a steel coil, weighing 1,200 kg, the sale being stipulated “ex works”. The Merien company entrusted the transport to the company Transports Coué, transport agent, which replaced the company Transports Montaville. On September 24, 2014, during transport, the mold fell from the semi-trailer and was damaged. The buyer’s insurer, Helvetia, subrogated to its rights, then assigned for reimbursement of the sums it paid to the latter, the company Texatop (the seller), the company Transports Montaville (the carrier) and the its insurer, AXA, who called on the company Texatop as a guarantee. Helvetia criticizes the Angers Court of Appeal for having rejected the requests it made against the company Texatop and for limiting the sentence handed down to the sum of €12,190 in solid against the company Transports Montaville and its insurer, the company AXA.
1. Helvetia then appealed to the Court of Cassation. In its appeal, it puts forward the following argument in particular: despite the parties’ choice of an “ex-factory sale”, the seller who assumes responsibility for loading operations must answer for the harmful consequences of their defective execution. . It is in the “ex works” (or Ex works) sales system that the seller’s obligations are the least onerous: he simply makes available, on his premises, the goods sold to the seller. available to the buyer. For his part, the buyer is required to take delivery, from the seller or at the agreed place, of the…
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