Notice of defect

Definition

A notice of defect is the buyer's formal complaint that performance is non-conforming. Under Dutch law the buyer must complain within a reasonable time after discovering, or reasonably being able to discover, the defect; failing to do so can forfeit the right to remedies. The duty rests on article 7:23 BW for sales and on the general complaint rule of article 6:89 BW for other performances.

Example

A buyer who discovers a hidden defect must notify the seller within a reasonable time, or risk losing the right to repair or price reduction.

Why this is a business risk

Missing the complaint deadline is one of the most common and avoidable ways to lose a valid claim. Buyers who delay reporting a defect -- even a serious one -- can find that a court holds their right to remedies forfeited. The risk is acute when defects are discovered by operational staff who do not flag them promptly to the contract manager.

How to manage it

• Inspect deliverables promptly on receipt and assign a named person to report any defect to the contract manager the same day it is found.
• Send the notice of defect in a durable, dated form -- email with read receipt or registered letter -- so the date of complaint is provable.
• Preserve evidence of the defect, including photographs, test logs and samples, before any repair or remediation that could destroy the proof.
• Track complaint deadlines as a contract obligation alongside payment and delivery milestones.
• In the contract, negotiate a clear, written notice requirement with a defined form and channel so the process is unambiguous for both sides.

Legal references

• BW 7:23 Dutch Civil Code: duty to complain (sales) Dutch law
• BW 6:89 Dutch Civil Code: general duty to complain Dutch law

Unless marked otherwise, references are to Dutch law (Burgerlijk Wetboek, the Dutch Civil Code); EU instruments such as the GDPR apply across the EU. This is general information, not legal advice. Other jurisdictions treat these concepts differently. Verify the current text and your situation with a qualified lawyer.