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The statutory warranty entails that a product must meet what the buyer may reasonably expect of it (conformity). You cannot exclude or limit this warranty towards consumers; your own manufacturer's or store warranty is in addition to it.
What is the legal warranty?
The statutory warranty is not a fixed term, but the right to a sound product: it must conform to the agreement and be suitable for normal use (Article 7:17 of the Dutch Civil Code). If it fails to do so, the consumer is entitled to free repair, replacement, a price reduction, or rescission.
How long is the statutory warranty valid?
There is no fixed duration: what the buyer could reasonably expect is decisive, taking into account the price and the nature of the product. You may expect to enjoy an expensive device for longer than a cheap item. In consumer sales, a defect that arises soon after purchase is presumed to have already been present at the time of delivery (Article 7:18 of the Dutch Civil Code).
Can you exclude the statutory warranty?
This does not apply to consumers: the rules of consumer sales are mandatory, and an exclusion to the detriment of the consumer is void (Article 7:6 of the Dutch Civil Code). Between businesses, you have more freedom and can contractually limit conformity and liability.
Statutory warranty versus manufacturer's warranty
A manufacturer's or store warranty is voluntary and is in addition to the statutory warranty; it may not restrict statutory rights. Make it clear in your communication that an additional warranty does not affect statutory rights.
Frequently Asked Questions
Does a fixed warranty period of, for example, two years apply?
No, the statutory warranty does not have a fixed term; what the buyer could reasonably expect given the price and product is decisive.
Am I allowed to exclude warranty in my terms and conditions?
Not towards consumers (Article 7:6 of the Dutch Civil Code). Between businesses, however, you can limit conformity and liability within limits.
What is the difference compared to a manufacturer's warranty?
The statutory warranty is a legal right; a manufacturer's warranty is a voluntary addition that may not restrict statutory rights.
Ensure your warranty and sales terms are correct?
Our legal experts correctly incorporate warranty and conformity into your general terms and conditions and purchase agreement. View our contract lawteam or schedule a free consultation.
