What is non-conformity of goods (non-conformiteit) under Dutch law?

Dutch term: Non-conformiteit | Legal basis: Article 7:17 BW

Non-conformity (non-conformiteit) under article 7:17 of the Dutch Civil Code means that delivered goods do not have the characteristics the buyer was entitled to expect based on the contract. The buyer is entitled to expect that the goods are suitable for normal use and for any particular use that was communicated to the seller.

The buyer must examine the goods within a reasonable time after delivery and must notify the seller of any defect within a reasonable time after discovery (article 7:23 BW). For B2B purchases, the notice period can be as short as a few working days. Failure to give timely notice can extinguish the buyer's rights entirely. Remedies for non-conformity include repair, replacement, damages and rescission.

Why it matters for international businesses

The notice-of-defect obligation is one of the most commonly missed steps by foreign buyers. Giving immediate written notice as soon as a defect is suspected is essential to preserving all available remedies.