Non – Compliance

Non – Compliance

Tags: compliance, confirmity, conformiteit, defect, gebrek, herstel, koopovereenkomst, non - compliance, non-conformiteit, replacement, vervanging.

If a result does not meet the expectations, there may be so-called non-compliance. This requires that the result, having regard to the nature of it and the observations that the seller has made about the product, do not have the characteristics that the buyer might expect under the purchase agreement.

Opportunities

The law offers a number of options when there is non-compliance, namely:

  • Delivery of the missing;

  • Repair of the defective product, or

  • Replacement of the defective product, unless the deviation is too small to justify this.

Complain on Time

To make use of one of these options, the buyer must, however, complain in time about the non-compliance. By on time is meant “within a reasonable time after the buyer has discovered the defect or should reasonably have discovered it”.

To Lexicon summary