In disputes relating to LOCAM contracts and arrangements combining service contracts with financial leasing, the issue of the delivery note often proves to be one of the key legal aspects of the case.
In this type of contractual structure, a service provider markets a service to a solicited professional (website creation, software supply, SEO services, etc.), while a financing company provides immediate payment to the supplier. The client subsequently repays the transaction through monthly rental payments.
The signing of a delivery note or certificate of conformity generally triggers the mechanism: it confirms, in principle, that the service has been performed and allows the financing arrangement to take effect.
Although often presented as a simple administrative formality, this document in reality plays a central role in the overall contractual structure.
1. The role of the delivery note in the contractual arrangement
In the usual scheme, three parties are involved:
- the service provider (website creation, software, equipment, digital services);
- the solicited professional;
- the financing company (LOCAM).
The implementation of the leasing contract is generally conditional upon the production of a delivery note or certificate of conformity by which the client confirms receipt of the goods or services.
The signature of this document typically results in:
- payment of the supplier by the financing company;
- the start of the rental payments;
- and, in practice, the irrevocable nature of the financing.
It is therefore not merely an acknowledgment of receipt but an act producing significant legal effects.
2. Frequently observed irregularities
In many cases, several recurring situations are observed:
- the delivery note is signed on the same day as the sales solicitation, before any real performance;
- the note is signed even though the website or software is not yet finalized;
- the document is presented as a mere administrative formality;
- the delivery note is pre-filled or undated;
- electronic signatures are obtained without any real connection to the actual performance of the service.
In some cases, the document certifies “conforming delivery” even though the service is non-existent or clearly incomplete.
3. The premature signing of the delivery note
Case law is particularly attentive to situations where the delivery note is signed on the very day of the solicitation, sometimes simultaneously with the main contract and the financing agreement.
In such circumstances, the service invoked — such as the creation of a website, the supply of software, or the implementation of a digital service — cannot materially have been completed at the time of signature.
Courts therefore consider that the delivery note does not necessarily constitute reliable evidence that the service has been performed.
Such a document may be viewed as a purely formal act intended to trigger the financing, without reflecting the actual delivery of the goods or the effective performance of the service.
This situation is particularly revealing when the delivery note is signed before any effective launch of the service or when the service necessarily requires a technical period of implementation.
In such circumstances, the evidential value of the delivery note may be seriously weakened and does not necessarily prevent the contestation of the main contract or the financing agreement.
4. Legal significance of the delivery note
Under general contract law, the signature of a delivery or acceptance document gives rise to a presumption of proper performance.
However, this presumption is not irrebuttable.
When the delivery note is signed:
- under pressure;
- through misunderstanding of the legal significance of the document;
- or before any actual performance,
its evidential value may be challenged.
Where the contract has been concluded outside the trader’s premises, an additional issue may arise, since the premature triggering of payments may also infringe the rules governing the right of withdrawal.
5. Contractual interdependence and termination
In arrangements combining a main service contract with a financing contract, case law now recognizes the interdependence of the contracts.
When the main contract is annulled (lack of information, misleading practices, absence of genuine consideration), the financing contract may consequently become void due to termination of the contractual framework.
In this context, the existence of a signed delivery note does not necessarily cure the irregularities affecting the overall contractual structure.
6. Litigation implications
The issue of the delivery note is therefore far from a mere administrative formality. It may determine, in particular:
- the validity of the financing;
- the continuation of monthly payments;
- the possibility of obtaining restitution of sums paid;
- and, where appropriate, the deactivation of the services concerned.
Each situation requires a detailed legal assessment, including:
- the date on which the document was signed;
- the actual chronology of the service performance;
- the effective content of the service delivered;
- and the compliance of the document with applicable legal requirements.
In LOCAM cases, the delivery note often becomes the central element of the legal reasoning.
Great caution should therefore be exercised at the time of signing such a document.
A delivery note should only be signed after full verification of the actual performance and conformity of the service provided.
Where the service has not been fully performed or where irregularities remain, it is advisable either to refuse to sign the delivery note or, at the very least, to include precise and dated reservations.
Indeed, a delivery note confirming “conforming delivery” may subsequently be relied upon by the financing company to justify the definitive implementation of the financing and the enforceability of the rental payments.
In LOCAM disputes, the signing of the delivery note often marks the turning point of the litigation.
If you are confronted with a LOCAM contract or a similar arrangement combining services and financial leasing, our firm can assist you in analysing your situation and assessing the available legal remedies. Do not hesitate to contact us for an initial review of your case.
