MKB Juristen drafts custom legal documents
It is best not to cobble together or copy important contracts, terms and conditions, and other legal documents yourself. We help entrepreneurs on a budget with customized legal solutions, clear costs upfront, and practical explanations.
- Custom contracts, terms and conditions, and legal documents
- Budget-friendly and clear about the costs upfront
- Request a free consultation or a no-obligation quote
Conclusive evidential value is attributed solely to the original signed document, not to a copy. A kitchen salesperson who possessed only a copy of a delivery note lost his case as a result: because he could not produce the original, he had to prove its authenticity—which he failed to do. Therefore, always keep the original purchase agreements, signed quotations, and delivery notes, not just copies.
In this case (ECLI:NL:GHSHE:2021:1933), the issue concerned the probative value of a copy of a delivery note given that the original was missing. The Court of Appeal ruled that conclusive probative value belongs only to the original — with major consequences for the seller.
Ordered: a Miton kitchen, delivered: an Aran kitchen
A consumer ordered a Miton kitchen for 15,600 euros and paid immediately. Many things went wrong: the spring system of the doors did not work and the cabinets were larger than the countertop. After complaints, the cabinets were shortened, and subsequently the consumer discovered that the kitchen was not from the brand Miton, but from Aran.
The seller presented a copy of an undated delivery note stating that the kitchen had been accepted as delivered “in accordance with oral agreement” (with the designation Aran). The buyer had signed that note at the time but disputed the authenticity of the copy, claiming that the Aran designation had been added later. The Housing Disputes Committee rejected the requested dissolution based on that signed note.
Compelling probative value lies in the original
The Court of Appeal in 's-Hertogenbosch overruled the Disputes Committee: its (normally binding) advice was unacceptable according to standards of reasonableness and fairness. A signed delivery note is, in principle, a means of proof whose accuracy and authenticity are presumed, and whoever claims otherwise must prove it. However, that compelling probative value applies only to the original. In this case, it concerned a copy, and the seller admitted no longer possessing the original. Consequently, the probative value was much more limited: the judge was not obliged to accept the text as correct, and the seller had to prove its authenticity — for example, with emails regarding an Aran kitchen, which he did not have.
The seller gets the short end of the stick
The court ruled that it had not been proven that the parties had agreed to an Aran rather than a Miton kitchen; after all, a copy is easy to manipulate. The purchase agreement was rescinded: the seller had to remove the kitchen within four weeks, refund the purchase price, and bear the legal costs, summons fees, court registry fees, and attorney fees — a hefty bill.
Frequently Asked Questions
Does a copy have the same evidential value as the original?
No. Conclusive evidentiary value is vested only in the original signed document. In the case of a copy, the evidentiary value is more limited, and the opposing party can dispute its authenticity.
Who must prove the authenticity of a disputed copy?
The person relying on the copy who cannot produce the original. If that proof fails, the content of the document may be disregarded.
Which documents must I keep in original form?
Including signed purchase agreements, quotations, and delivery notes. Keep the originals, not just copies, so that you are in a strong position in a dispute.
Ensure your documents and evidence are in order
Proper documentation prevents costly surprises. The legal experts at MKB Juristen advise you on contracts, evidence, and disputes. View our expertise in contract law or schedule an intake meeting .
