What is the notification requirement for defective goods under Dutch law?

Dutch term: Klachtplicht / meldingsplicht | Legal basis: Article 7:23 BW

Under article 7:23 of the Dutch Civil Code, a buyer who discovers that delivered goods do not conform to the contract must notify the seller within a reasonable time after the defect was discovered or should have been discovered. Failure to give timely notice can extinguish the buyer's rights entirely, regardless of the merits of the non-conformity claim.

What counts as 'reasonable time' depends on the nature of the goods and the circumstances. For perishable or easily inspected goods, the period can be as short as a few days. For complex industrial equipment requiring commissioning, it may be several weeks. The absolute long-stop under Dutch domestic law is two years from delivery. The buyer also has a duty to examine the goods within a reasonable time after delivery.

Why it matters for international businesses

This notification requirement is one of the most commonly missed steps by foreign buyers in Dutch B2B transactions. Giving immediate written notice as soon as a defect is suspected is essential to preserving all available remedies.