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If you fail to meet an agreed delivery deadline, the customer may claim damages or terminate the agreement — but usually only after a notice of default, unless a fixed deadline has been agreed. You can significantly limit this risk in your general terms and conditions.
What happens in the event of a late delivery?
In principle, you must adhere to the agreed delivery period. If you exceed it, liability does not arise immediately: often, the customer must first put you in default and grant a reasonable further period (Article 6:82 of the Dutch Civil Code). Default only occurs if you still fail to deliver at that point.
Fatal deadline: default by operation of law
If a fixed deadline has been agreed upon — a deadline which clearly constitutes immediate default if it is exceeded — then no notice of default is required (Article 6:83 of the Dutch Civil Code). The customer can then immediately claim damages or terminate the contract. Therefore, be cautious about setting firm delivery dates.
The statutory delivery period for consumers
If you do not agree on a delivery period with a consumer, a statutory delivery period of thirty days applies. If you fail to deliver within that period, nor within a subsequent period, the consumer may terminate the purchase.
This is how you limit your risk
You can include in your general terms and conditions that delivery times are indicative and not binding deadlines, that exceeding them only constitutes default after a notice of default has been issued, and that your liability for delay is limited. This prevents a minor delay from having major consequences.
Frequently Asked Questions
Can a customer immediately claim damages for late delivery?
Only in the case of a fatal deadline. Otherwise, he must first put you in default and grant a reasonable further period.
What is a fatal deadline?
A time limit the exceeding of which constitutes immediate default, without notice of default (Article 6:83 of the Dutch Civil Code). Only agree to this intentionally.
Can I exclude my liability for delay?
Within limits, yes via your general terms and conditions; restrictions apply to consumers. Make delivery times indicative.
Make your delivery terms watertight?
Our legal experts incorporate the correct delivery time and liability clauses into your general terms and conditions and terms of delivery. Schedule a free consultation.
