What is good quality? A question that gives rise to many international disputes. Buyers and sellers often have different expectations. In our practice, we see that quality disputes without clear contractual specifications lead to proceedings lasting months. Independent expert reports are often decisive. Clear standards and documentation in advance prevent most of them.
What is the legal problem?
Quality must be objectively measurable to be enforceable. Internationally, standards vary by sector and country. Without specific agreements, the conformity rule supplements this: the product must meet what the parties could reasonably expect. The burden of proof for non-conformity lies with the buyer following a complaint. Proceedings are often expensive due to expert reports.
What does the law say?
Under Section 35 CISG, the product must meet the quality, quantity, and description stated in the contract and be fit for the purpose for which it is intended. Under Dutch law, Article 7:17 of the Civil Code governs conformity. English law applies satisfactory quality and fitness for purpose under Section 14 of the Sale of Goods Act 1979. ISO, EN, and sector standards often form the basis for specifications. Sector-specific standards such as UNECE for agricultural products or CE marking under various EU regulations provide references. What risks do companies face? Vague quality agreements lead to conflicts of interpretation. Unanswered complaints increase damages. Clumsy inspections undermine the evidentiary position. Expert reports cost tens of thousands to hundreds of thousands of euros. In the event of international differences in interpretation (for example, food safety standards), products may comply in one country but not in another. Reputational damage from quality claims is lasting.
Practical example from our practice
We represented a Dutch importer who received steel from Turkey with deviating strength. An independent lab confirmed the deviation from the EN standard in the contract. A written complaint was filed within five days under Section 39 CISG with a test report. The Turkish supplier offered a replacement plus 50,000 euros in damages. With a clear quality appendix containing measurable standards, a rapid inspection, and a chain of proof, the client received an effective remedy without a lengthy procedure.
What can you do?
Specify quality objectively with measurable standards and accepted test methods. Require certificates of compliance. Provide for pre-shipment inspection for high-risk deliveries. Work with independent laboratories regarding complaints. File a written and specific complaint within the time limit. Document samples and tests carefully. Combine with a liability ceiling. See also our article on Guarantees in international contracts.