How do warranty clauses work under Dutch law?

Dutch term: Garantieclausule | Legal basis: Articles 7:17 and 6:248 BW

A warranty clause (garantieclausule) in a Dutch commercial contract is a provision in which one party guarantees specific characteristics of the subject matter (product quality, legal status, absence of defects, compliance with specifications). If the warranty proves untrue, the warranting party is liable without the need for the other party to prove fault.

Under Dutch law, warranties interact with the statutory conformity regime of article 7:17 BW (for sale of goods) and with the general reasonableness standard of article 6:248 BW. The warranty can expand or limit the seller's liability compared to the statutory default. Contractual limitations on warranty liability (through exoneration clauses) are enforceable between commercial parties but subject to the moderation powers of the court.

Why it matters for international businesses

For international B2B contracts, clear warranty language is essential because it determines the scope of the seller's liability and the buyer's remedies before any dispute arises.