wanlevering

Wanlevering is a Dutch legal term used to describe a delivery that does not conform to the contract. It occurs when the goods delivered differ from what was agreed in the sale or procurement agreement, for example due to the wrong item, an incorrect quantity, defective quality, or failure to meet specified characteristics. Wanlevering is a form of wanprestatie (faulty performance) and triggers the buyer’s remedies under Dutch civil law.

The buyer’s options typically include requesting a cure (repair or replacement of the goods), demanding a price reduction, or, in cases of substantial non-conformity or when cure is not feasible, terminating the contract and seeking a refund. In addition, the buyer may claim damages for losses caused by the non-conforming delivery. The seller is generally obliged to remedy the defect within a reasonable period and with due regard to fairness. If the seller fails to cure, the buyer may pursue further remedies through negotiation, dispute resolution, or litigation.

Notification and time limits are important in wanlevering. The buyer should inform the seller promptly after discovery of the non-conformity and provide evidence of the defect. For consumer purchases, statutory warranty rights and general time limits apply, while business-to-business transactions may be governed by contract terms and applicable Dutch Civil Code provisions on non-conformity and remedies.

Wanlevering commonly arises in the sale of goods, but can also occur in related procurement or delivery services. The precise remedies and time frames depend on the contract terms, applicable law, and whether the buyer is a consumer or a business.