Does a contractual warranty replace statutory conformity rights?

No. A contractual warranty adds to statutory rights; it cannot generally restrict them. For consumers, mandatory conformity protection under BW 7:17 continues alongside the warranty.

When does the warranty period start -- delivery or acceptance?

This depends entirely on the contract. Many contracts start the period at acceptance, but some start it at delivery. The distinction matters: if defects delay acceptance, starting at delivery gives the buyer less protection.

Can the warranty period be extended if a defect is repaired?

Only if the contract says so. Some contracts reset the warranty clock for the repaired component; others do not. Absent express language, the original period continues to run.

Does the warranty cover all defects or only manufacturing faults?

The scope depends on the warranty clause. Most commercial warranties cover defects in materials and workmanship under normal use, and exclude damage from misuse, accidents or modifications. Read the exclusions carefully.

What remedies does the buyer have during the warranty period?

Contractual remedies depend on the warranty clause -- commonly repair, replacement or credit. Statutory remedies under BW 7:17 include repair, replacement, price reduction or dissolution if the defect is serious enough. The contract may limit which remedies apply during the warranty period.

Warranty period

The fixed period during which a supplier must remedy defects in delivered goods or work.

Definição

A warranty period is the agreed window after delivery within which the supplier remains obliged to repair or replace defective performance, usually free of charge. A contractual warranty supplements the buyer's statutory conformity rights, which under Dutch law flow from article 7:17 BW; a warranty cannot generally curtail those mandatory rights for consumers. The period's start, scope and exclusions should be defined precisely to avoid disputes.

Exemplo

A two-year warranty period obliges the manufacturer to replace components that fail under normal use within that time.

Porque é um risco para a empresa

Warranty periods expire quietly unless someone is watching the calendar. Buyers who fail to report defects before the period ends lose contractual protection and may face full repair costs. On the supplier side, an imprecisely defined start date or ambiguous scope leads to warranty claims long after the period was intended to close.

Como gerir

Record the warranty start date and end date as trackable milestones at the moment the contract or acceptance protocol is signed.
Set a reminder thirty to sixty days before expiry so any latent defects can be inspected and reported before protection ends.
Define clearly what voids the warranty -- misuse, unauthorised modification, normal wear -- to prevent disputes about exclusions.
Align the warranty period start with the acceptance date rather than the delivery date, since the clock should only run after conforming delivery is confirmed.
Keep warranty claims and remedies in writing so there is a clear record of what was reported, fixed and when.

Referências jurídicas

BW 7:17 Dutch Civil Code: conformity Direito neerlandês

Salvo indicação em contrário, as referências remetem para o direito neerlandês (Burgerlijk Wetboek, o Código Civil neerlandês); os instrumentos da UE, como o RGPD, aplicam-se em toda a UE. Esta é informação geral, não constitui aconselhamento jurídico. Outras jurisdições tratam estes conceitos de forma diferente. Verifique o texto em vigor e a sua situação com um advogado qualificado.

Perguntas frequentes

Questões comuns sobre este termo.