Unofficial translaction ARTICLE 257-Where delivery is anticipated, the seller may, until the date scheduled for delivery, either impose delivery of new compliant goods,or repair the non-conformity or defect of delivered goods insofar as the exercise of this right does not cause any damage or costs to the buyer. ARTICLE 258-Under penalty of forfeiture for the buyer of the right thereof, the apparent defect of conformity on the day of delivery must be disclosed by the buyer to the seller in the month following the delivery. ARTICLE 259–The action of the buyer, based on a defect of conformity concealed on the day of delivery,shall lapse after a period of one year commencing on thedaywheresuchdefect was found or ought tohave been found. This lattertime limit cannot have the effect of reducing the duration of the contractual warranty eventually consented. Section 3 –Obligation to Guarantee ARTICLE 260-The seller must deliver goods free of any right or claim of a third party, unless the buyer agrees to take them “as is”. The seller shall guarantee the buyer against any eviction of his own doing. ARTICLE261-Any clauserestricting thewarrantyduebythesellershall be construed accordingly. The seller who invokes such clause shall demonstrate that the buyer has known thereof and accepted it at the conclusion of the sale. CHAPTER II: OBLIGATIONS OF THE BUYER ARTICLE 262 - The buyer undertakes to pay the price and accept the delivery of goods. Section 1 – Payment of the Price ARTICLE 263- The buyer is required to pay the agreed price. The price stipulated in the contract is presumed to be agreed exclusive of VAT. Where it is necessary to set the price, the parties may refer to the value habitually assigned to goods sold under comparable circumstances in the same sector at the conclusion of the contract. ARTICLE 264-The buyer shall take all necessary measures to complete formalities prior to the actual payment of the price. OHADA / Uniform Act / Unofficial Translations P. - 69 - of 78