Artikel 4:302 Notification of lack of conformity

If the buyer does not give notice to the seller specifying the nature of a lack of conformity within a reasonable time after the buyer has discovered or ought to have discovered it, the buyer loses the right to rely on the lack of conformity.

In a consumer sale, a period of two months, or less, is always regarded as reasonable for the purpose of paragraph (1).

In any event, the buyer loses the right to rely on a lack of conformity, if the buyer does not give the seller notice of the lack of conformity at the latest within two years from the time at which the goods were made available to the buyer in accordance with the contract, or such longer period as may be required for consistency with the terms of a guarantee.

Paragraph (3) does not apply in respect of third party claims or rights pursuant to Articles 2:206 and 2:207.

In a consumer sale, the loss of the right to rely on the lack of conformity under this Article does not apply to the right to ask for a price reduction, the right to damages not exceeding the contract price or the right to withhold performance.