What are warranty conditions? Explanation and use

What are warranty conditions? Warranty conditions are the terms under which a manufacturer's or merchant's warranty applies: the duration of the warranty, what is and is not covered, which exclusions apply such as wear and tear or improper use, and how a customer invokes the warranty. Warranty conditions are therefore different from a warranty statement, which records a single concrete commitment for a single product or performance. Below, you can read what warranty conditions entail, how they relate to your legal obligations, and when you need them.

The short answer

• Definition: warranty conditions are the rules of a manufacturer's or merchant's warranty, not the warranty itself.
• Contents: warranty period, coverage, exclusions, claims procedure, geographic scope and portability.
• Legal framework: warranty conditions exist alongside the statutory conformity of Article 7:17 of the Dutch Civil Code.
• Consumer law: for consumers, Article 7:6a of the Dutch Civil Code governs the commercial guarantee, which may not restrict statutory rights.
• Form: warranty conditions are often general terms and conditions and must then be provided pursuant to Articles 6:233 and 6:234 of the Dutch Civil Code.

What exactly are warranty conditions?

Warranty conditions describe the circumstances under which a warranty applies and when it does not. Whereas a warranty statement sets out what you promise, warranty conditions regulate the preconditions: the duration, what is and is not covered, which situations invalidate the warranty, how a customer submits a claim, whether the warranty also applies abroad, and whether a subsequent owner can still make a claim under it. You will find warranty conditions with equipment manufacturers, with retailers offering extra security beyond the law, and with service providers who provide a warranty on installations or technical works.

The warranty itself is an additional, voluntary commitment. The statutory conformity of Article 7:17 of the Dutch Civil Code applies in any case: a product must conform to the agreement, even without a warranty. Warranty conditions are therefore in addition to this and do not limit that statutory basis.

Warranty conditions and the law: Article 7:6a of the Dutch Civil Code and consumer law

In sales to consumers, Article 7:6a of the Dutch Civil Code (BW) governs commercial warranties. If you issue a warranty, you are bound by it under the conditions you set yourself, provided those conditions are more favorable than or equal to what the law already offers. A core rule is that the warranty may never restrict the consumer's statutory rights. For example, if you exclude repairs after six months while statutory conformity still applies, the consumer can still rely on that statutory conformity, even if your warranty conditions suggest otherwise.

This distinction is confusing for many entrepreneurs. Warranty conditions and statutory conformity run parallel: the warranty is an extra layer of security, while the law is the floor that always applies. Therefore, formulate your warranty conditions so that it is clear that they are a supplement to, and not a replacement for, the customer's statutory rights.

Warranty conditions as general terms and conditions: obligation to provide

Warranty conditions generally fall under the concept of general terms and conditions within the meaning of Article 6:231 of the Dutch Civil Code. This means that the rules regarding provision apply. Pursuant to Article 6:233 of the Dutch Civil Code, conditions are voidable if the counterparty has not had a reasonable opportunity to take notice of them. Article 6:234 of the Dutch Civil Code elaborates on this: you must provide the warranty conditions before or at the time of concluding the agreement, or otherwise make them available electronically so that the customer can save and consult them.

Anyone who only reveals warranty conditions retrospectively, for example hidden in packaging or available only upon request, runs the risk that a customer will successfully invalidate the conditions. In that case, the customer may invoke the interpretation most favorable to him or even the absence of the restrictive conditions, while the warranty promise itself remains valid.

A practical example

A practical example. A white goods retail chain offered a three-year warranty on washing machines. The warranty conditions excluded damage caused by misuse and inadequate maintenance, but failed to mention that the warranty was separate from statutory conformity. When a customer reported a defect after two years and the store invoked the warranty conditions to request a personal contribution, the customer pointed out that the defect also fell under the statutory conformity of Article 7:17 of the Dutch Civil Code. Because the warranty conditions had not correctly defined that legal basis, the store was required to carry out the repair free of charge.

Honest recommendation

For a simple product with a short warranty period and a clear set of exclusions, you do not necessarily need a lawyer. As long as you clearly describe the duration, coverage, exclusions, and claims procedure, and respect the statutory conformity of Article 7:17 of the Dutch Civil Code, you can often draft standard warranty conditions yourself.

Ensure that warranty conditions are drafted or reviewed when they become part of your general terms and conditions, when you sell internationally and geographical scope plays a role, or when the transferability of the warranty upon resale is important. The interplay between your warranty and the statutory rights of the consumer is precisely a point where careless wording leads to disputes.

Want to know more or need help? View our page on warranty conditions, read which components are included in drafting warranty conditions , and discover when you can have warranty conditions drafted by a lawyer.

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