Artikel 5:105 Conformity

Except where the parties have agreed otherwise, the design does not conform to the contract unless it enables the user of the design to achieve a specific result by carrying out the design following the required standard of care with regard to the carrying out of the design.

The client is not entitled to invoke a remedy for non-conformity if a direction provided by the client pursuant to Article 1:109 (Directions of the Client) is the cause of the non-conformity and the designer did not breach the duty to warn pursuant to Article 1:110 (Contractual Duty of the Service Provider to Warn).