Conformity (conformiteit) is the requirement that a delivered item matches the contract. Under article 7:17 Dutch Civil Code (BW), the item must have the properties the buyer could expect on the basis of the contract, given its nature and the seller’s statements. If it does not, there is non-conformity.
Table of contents
What may a buyer expect?
The item must be fit for normal use. It must also be fit for any special use agreed in the contract. The test is not perfection but reasonable expectations. Price, age, advertising and what was said during negotiations all count, and so do reasonableness and fairness under article 6:248 BW.
When can a buyer not rely on non-conformity?
The buyer cannot rely on deviations it knew or reasonably should have known about when the contract was concluded (article 7:17(5) BW). A buyer who fails to notify the seller within a reasonable time after discovery also loses its rights (article 7:23 BW). In business-to-business sales, the parties can limit conformity rights by contract.
What remedies does the buyer have?
- Delivery of what is missing, repair or replacement (article 7:21 BW)
- For consumers: price reduction or dissolution (article 7:22 BW)
- Dissolution for non-performance (article 6:265 BW), followed by restitution (article 6:271 BW)
- Damages, if the shortcoming is attributable to the seller
Frequently asked questions
Can consumer protection be excluded?
No. The conformity rules for consumer sales are mandatory and cannot be waived to the consumer’s disadvantage.
Does conformity apply to houses?
Yes. The same article applies, but expectations depend on age and the purchase agreement. See non-conformity in a house purchase.
Related terms
Our civil law team advises buyers and sellers on conformity disputes. Want to know what this means for your situation? Book a free introductory meeting.
