Garantie

In Dutch law, a guarantee constitutes a voluntary or statutory obligation whereby the guarantor warrants the quality, soundness or performance of an obligation. Such guarantees may relate to consumer goods, construction works or contractual obligations and frequently extend beyond statutory liability.

Guarantees are significant in that they afford the counterparty additional security and facilitate the proof of defects. In practice, they are commonly employed in contracts of sale, contracts for work and commercial agreements to allocate risks and avert disputes.

A guarantee may be limited in duration and scope, provided it is clearly defined to ensure effectiveness. In the event of non-performance, the beneficiary may claim repair, replacement or damages.