Conformiteit

Conformity is a core concept in Dutch law of obligations and denotes the obligor’s duty to ensure that its performance accords with the terms of the contract. The notion is particularly significant in contracts of sale, where the goods must meet the buyer’s reasonable expectations.

The importance of conformity is reflected in the remedies available for non-conformity, including repair, replacement, price reduction and termination. In consumer law, in particular (Article 7:17 of the Dutch Civil Code), the buyer enjoys robust protection against defects that render the goods unfit for their intended purpose.

In practice, conformity is typically assessed by reference to the contractual description, any statements made by the seller and the nature of the goods. In disputes concerning conformity, the burden of proof rests in principle on the buyer, unless the transaction is a consumer sale.