Article 7:21 Dutch Civil Code, Book 7

Paragraph 1

If what has been delivered does not conform to the contract, the buyer may demand:

1. delivery of what is missing;

2. repair of the thing delivered, provided that the seller can reasonably comply with this;

3. replacement of the thing delivered, unless the deviation from what was agreed is too slight to justify this, or the thing has been lost or has deteriorated after the time when the buyer must reasonably take undoing into account, because he or she did not take care of its preservation as a prudent debtor.

Paragraph 2

The costs of performing the obligations referred to in paragraph 1 cannot be charged to the buyer.

Paragraph 3

The seller is obliged, having regard also to the nature of the thing and to the special use of the thing provided for in the contract, to perform the obligations referred to in paragraph 1 within a reasonable period and without serious inconvenience to the buyer.

Paragraph 4

In a consumer sale, by way of derogation from paragraph 1, the buyer is not entitled to repair or replacement of the thing delivered only if repair or replacement is impossible or cannot be required of the seller.

Paragraph 5

In a consumer sale, repair or replacement cannot be required of the seller if the costs thereof are disproportionate to the costs of exercising another right or another claim available to the buyer, having regard to the value the thing would have if it conformed to the contract, the degree of deviation from what was agreed and whether another right or another claim can be exercised without serious inconvenience to the buyer.

Paragraph 6

If, in a consumer sale, the seller has not fulfilled the obligation to repair the thing delivered within a reasonable time after having been given a written demand to do so by the buyer, the buyer is entitled to have the repair carried out by a third party and to recover the costs thereof from the seller.

Paragraph 7

In a consumer sale, the buyer makes the thing available to the seller for repair or replacement. The seller takes back the thing at the seller's expense. The buyer is not obliged to pay for normal use of the replaced thing during the period prior to its replacement.

Paragraph 8

If, in a consumer sale, repair of the thing requires the removal of things that had been installed in a manner consistent with their nature and purpose before it became apparent that what was delivered does not conform to the contract, or where this thing must be replaced, the obligation to repair or replace includes:

1. the removal of the thing delivered that does not conform to the contract and the installation of replacement or repaired things;

2. paying the costs of that removal or installation.