How statutory warranty laws differ across jurisdictions

Warranty period
2 years

Start of warranty period
Delivery

Suspension/restart

• suspended by negotiations (subject to strict requirements) or certain legal proceedings (general suspension rules apply
• repair/replacement generally only restarts the warranty period if seller explicitly acknowledges defect (this is subject to nuanced case-law)

Defects covered

• material defects (non-conformity with subjective, objective and assembly requirements)
• legal defects

Defects must exist
at time of delivery

Burden of proof
Buyer must prove:

• the defect and
• its existence at time of delivery

Warranty rights/right to cure

• seller has the right to repair or replace (generally, twice)
• if unsuccessful, buyer has the right to withdrawal, reduction of purchase price, damage compensation and/or reimbursement of expenses

Notification deadline
Without undue delay (usually 1-2 days)

• after delivery in case of obvious defect or
• after discovery in case of latent defect

No deadline in case of fraudulent concealment of the defect

Can statutory warranty provisions be excluded by agreement?

• generally excludable except in case of fraudulent intent or guarantee
• exclusion is limited in standard terms and conditions

Warranty period
6 years limitation period

Start of warranty period
Delivery

Suspension/restart
Limitation suspended only in limited cases (fraud, acknowledgment, court claim)

Defects covered
Non-conformity with contract (quality, description, fitness, title)

Defects must exist
at time of delivery

Burden of proof
Buyer must prove:

• the defect and
• its existence at time of delivery 

Warranty rights/right to cure

• damages are primary remedy
• rejection possible if condition breached
• repair/replacement only if agreed

Notification deadline
No general statutory duty, but buyer must reject within reasonable time

Can statutory warranty provisions be excluded by agreement?
Generally excludable, but subject to reasonableness in standard terms and conditions

 

Warranty period
2 years

Start of warranty period
Discovery of hidden defect

Suspension/restart
Since this is a limitation period, it may be:

• suspended in the event of investigative measures presented prior to any trial or attempt at conciliation/mediation;
• interrupted in the event of legal proceedings or acknowledgement

Defects covered
Hidden defects (which render it unfit for its intended use, or which diminish its usefulness to such an extent that the buyer would not have purchased it, or would have paid a lower price for it, had they been aware of them)

Defects must exist
at time of sale

Burden of proof
Buyer must prove:

• the defect and
• its existence at time of sale

Warranty rights/right to cure

• returning the item (with refund) or keeping the item with price reduction
• damages only if the buyer evidences the damage and the seller’s knowledge of the defect
  
   

Notification deadline
Buyer must act within 2 years of discovery of the hidden defect  and within a maximum period of 20 years from the date of the sale

Can statutory warranty provisions be excluded by agreement?
Generally not excludable  except between professionals of the same field of activity (and except bad faith or fraud)

 

Warranty period
No statutory warranty period

Start of warranty period
N/A

Suspension/restart
N/A

Defects covered
Hidden defects/non-conformity with contract

Defects must exist
at time of delivery

Burden of proof
Buyer must prove:

• the defect/non-conformity, and
• its existence at time of delivery

Additionally, in case of a hidden defect,

• its hidden nature, and
• that it renders the goods unsuitable for their intended use, or reduces their suitability to such an extent that, had the buyer been aware of the defects, he would not have purchased the item or would only have purchased it at a lower price

Warranty rights/right to cure 
Withdrawal, price reduction, damages

Notification deadline

• hidden defects: within a short period (case-by-case)
• non-conformity with contract: as soon as possible, but no longer possible after acceptance

Can statutory warranty provisions be excluded by agreement?
Warranty for hidden defects/non-conformity with contract are generally excludable except for fraud, imbalance between the parties, or unfair B2B clauses

 

Warranty period
No fixed statutory minimum period

Start of warranty period
Delivery/Transfer of risk

Suspension/restart
Suspension/interruption by legal action or acknowledgment; no automatic statutory suspension

Defects covered
Hidden defects/non-conformity with contract

Defects must exist
at time of delivery

Burden of proof
Buyer must prove:

• the defect and
• its existence at time of delivery
  

Warranty rights/right to cure 
Repair, replacement, price reduction, withdrawal, damages

Notification deadline 
Prompt notice

Can statutory warranty provisions be excluded by agreement?
Generally excludable except for fraud

Warranty period
2 years

Start of warranty period
Delivery

Suspension/restart
Suspension during a justified complaint about a defect for the time during which the buyer cannot use the defective goods

Defects covered

• material defects (non conformity with contract)
• legal defects

Defects must exist
at time of transfer of risk

Burden of proof
Buyer must prove:

• the defect and
• its existence at time of delivery
  

Warranty rights/right to cure 

• material breach: repair, replacement, price reduction, contract withdrawal
• non material breach: repair or price reduction

Notification deadline 

• apparent defects: without undue delay 
• hidden defects: without undue delay, no later than 2 years from delivery
• seller cannot rely on late-notice objections if the defect stems from facts the seller knew or should have known at delivery

Can statutory warranty provisions be excluded by agreement?
Generally excludable except where the seller fraudulently conceals a defect and in other cases where the clause would be contrary to good faith/good morals

Warranty period
2 years

Start of warranty period
Delivery

Suspension/restart

• interruption by the buyer: debt enforcement or legal proceedings
• interruption by the seller: acknowledgement

Defects covered

• material defects
• non-conformity with contract#
• legal defects

Defects must exist
at time of transfer of risk

Burden of proof
Buyer must prove:

• the defect and
• its existence at time of transfer of risk

Warranty rights/right to cure 
Withdrawal, price reduction, damages, replacement in case of generic goods (repair only if agreed)

Notification deadline 
Immediately

• obvious defects: immediately after inspection, which must take place as soon as feasible after delivery
• latent defects: immediately upon discovery

No deadline in case of fraudulent concealment of the defect

Can statutory warranty provisions be excluded by agreement?
Generally excludable except for intentional deceit

Warranty period
2 years

Start of warranty period
Delivery

Suspension/restart
Suspension/interruption by court action or acknowledgment

Defects covered
Material & legal defects

Defects must exist
at time of delivery

Burden of proof
Buyer must prove:

• the defect and
• its existence at time of delivery
  

Warranty rights/right to cure 

• seller has the right to repair or replace
• if unsuccessful buyer has the right to withdrawal, reduction

Notification deadline 
Immediate inspection and notice

Can statutory warranty provisions be excluded by agreement?
Generally excludable except for fraud

Warranty period
1 year

Start of warranty period
Delivery

Suspension/restart

• the warranty period – per se – cannot be suspended or restarted unless specifically agreed between the parties (e.g., a new warranty period for repair/replacements)
• the 1-year limitation period for buyer’s warranty judicial action is subject to general prescription rules (interruption only by formal notice, legal action, or seller’s acknowledgment of buyer’s right to warranty)

Defects covered

• defects that make the goods unfit for the intended use or that significantly diminish their value
• lack of the promised qualities or of qualities essential for the intended use of the goods (provided that the defect in quality exceeds the tolerance limits established by customary practice)

Defects must exist
at time of sale

Burden of proof
Buyer must prove:

• the timeliness of the defect/lack of qualities notification (or that notification was not required because the seller acknowledged or concealed the defect);
• the defect/lack of qualities; 
• its existence at time of sale and 
• if any, the resulting damage and the causal link between the defect/lack of qualities and such damage

Warranty rights/right to cure 

• buyer may, at its choice, seek termination of the contract (which entails the reimbursement of the price and expenses) or a reduction of the price, without prejudice to the right to claim the compensation of damages
• repair or replacement only if agreed between the parties

Notification deadline 
8 days: 

• as of the day the goods are received for obvious defects (i.e., defects detectable through a prompt and cursory inspection of the goods using ordinary diligence);
• as of discovery for latent defects, unless otherwise agreed between the parties or provided by the law

Notification is not required if the seller has acknowledged the existence of the defect or has concealed it

Can statutory warranty provisions be excluded by agreement?

• generally subject to limitations or excludable except for bad faith
• limitations or exclusions included in general terms and conditions of sale are deemed to be vexatious clauses and, thus, shall be subject to specific approval of the buyer
• warranty does not apply if the buyer knew of the defects at the time of the sale, or if the defects were easily recognizable, unless the seller expressly represented that the goods were free from defects
  

Warranty period
A warranty period cannot be determined independently of the specific product including the nature of the product and the expected lifespan

Start of warranty period
N/A (no statutory start date for any warranty period. Conformity must be assessed at the time of delivery)

Suspension/restart
N/A (no statutory suspension/restart)

Defects covered
A good is deemed not to conform to the contract if, taking into account the nature of the good and the statements made by the seller regarding it, it does not possess the qualities that the buyer could expect on the basis of the contract. The buyer may expect the good to have the qualities necessary for its normal use and of which he did not need to doubt the presence, as well as those qualities required for any particular use that was foreseen under the contract

Defects must exist
A good must conform to the contract at the time of delivery

Burden of proof
Buyer must prove:

• the existence of the defect; and
• its existence at delivery

Warranty rights/right to cure 
Buyer relies on statutory non-conformity remedies - repair or replacement. Only if repair or replacement are impossible or cannot reasonably be required from the seller, the buyer mat invoke price reduction or termination of the contract (“ontbinding”) as well as damages where statutory requirements are met

Notification deadline 
Buyer must notify the seller within a reasonable time (“bekwame tijd”) after discovering, or reasonably having been able to discover, the defect

Can statutory warranty provisions be excluded by agreement?
Statutory non-conformity rules are not mandatory law and consequently, parties may contractually deviate from the statutory provisions

Warranty period
6 years limitation period for breach of contract (no fixed statutory warranty period)

Start of warranty period
Delivery (breach occurs at delivery if goods nonconforming)

Suspension/restart

• limitation may be postponed in case of fraud or deliberate concealment
• limitation period may restart upon acknowledgment of liability
• repair/replacement does not automatically restart limitation period

Defects covered
Non-conformity with contract (quality, description, fitness, title)

Defects must exist
at time of delivery

Burden of proof
Buyer must prove:

• the defect/breach of implied term
• its existence at time of delivery; and
• resulting loss

Warranty rights/right to cure 

• breach of condition: right to reject (if goods not accepted) or claim damages 
• breach of warranty: damages only 
• no general statutory seller right to repair or replace (unless contract provides)

Notification deadline 

• within a reasonable time
• buyer loses right to reject if deemed to have accepted goods 
• no fixed statutory inspection period in B2B 

Can statutory warranty provisions be excluded by agreement?

• generally excludable if reasonable and fair
• fraud/ misrepresentation cannot be excluded