Klachtplicht

The duty to give notice of defects arises from Article 7:23 of the Dutch Civil Code and applies in particular to contracts of sale. The buyer must examine the goods delivered within a reasonable time and notify the seller of any defects, failing which the right to rely on those defects at a later stage is forfeited.

This obligation serves to prevent a party from being confronted with claims long after the event, thereby limiting evidentiary difficulties and uncertainty. In practice, the court determines whether notice has been given in a timely manner by reference to the nature of the defect, the relationship between the parties and the circumstances of the case.

In consumer sales a more lenient standard applies, although the buyer must still complain within two months of discovery in order to preserve his rights.