Nonconformity is a legal concept that refers to a situation in which a product or service does not meet the reasonable expectations set forth in the contract. The legal consequences arising from a claim of nonconformity can be of vital importance to the legal position of the parties who have entered into a contract.
Conformity pertains to the seller’s primary obligation upon delivery of a product. Under the Civil Code, it is stipulated that a delivered item must conform to the contract. Legally speaking, this means that the item must possess the qualities and characteristics that the buyer is entitled to expect based on the contract. It is important to note that these are qualities necessary for the normal use of the item. When a product or service does not conform to the contract, this constitutes non-conformity.
Nonconformity
In the event of nonconformity, the seller must be notified as soon as possible. Depending on the nature of the item and the factual circumstances, it is determined what constitutes a “reasonable expectation” in a specific situation. Among other factors, consideration is given to any statements made by the parties at the time the contract was concluded.
Consequences
The concept of nonconformity provides buyers with legal protection against defective products. There are various options for successfully invoking nonconformity. For example, performance or repair may be demanded, and in some cases, the contract may be rescinded. However, when requesting termination, it is important that any possibility of remedy has been ruled out. Furthermore, the defect must be of such a nature that termination of the contract is justified.
Do you have questions regarding non-conformity? Or would you like to contact our specialized contract law attorneys? Feel free to send an email to info@sijbenpartners.nl or call us at +31 45 560 22 00.