Enterprise and Business
General terms and conditions
One of the things you want to have properly regulated as a business owner is your “general terms and conditions”. Examples of provisions in general terms and conditions are provisions relating to invoicing, methods of terminating the agreement, delivery deadlines and liability.
Unnecessary provisions in general terms and conditions
General terms and conditions regularly contain provisions that are actually superfluous. Many subjects are already regulated by law and therefore do not require further mention in the general terms and conditions. Consider, for example, the provision that a contract is concluded by offer and acceptance. This rule of law is already included in Article 6:217 of the Dutch Civil Code and as such does not need to be included in the general terms and conditions.
Relevant provisions in general terms and conditions
Of course there are also matters of which it is advisable to include them in the general terms and conditions. For example, for a company with a high liability risk it may be useful to devote a provision in the general terms and conditions to limiting liability to a certain amount.
Declaring general terms and conditions applicable
Once you have general terms and conditions, it is also important that you declare them applicable in the right way. In practice, it often happens that, with hindsight, the general terms and conditions have not been declared applicable in the right way.
Need a lawyer with knowledge of general terms and conditions?
Do you need help drafting your general terms and conditions or do you want to have them screened? Then at LVH Advocaten you have come to the right place. Our lawyers will be happy to assist you. Contact us now
More about enterprise and business:
Click further if you would like to know more about how we can advise you in the following areas/topics:
SPECIALIZED LAWYERS
These are our lawyers who specialize in this area.
Peter de Graaf
Furkan Alkilic
Justin de Vries
Gentia Niesert
More about Entrepreneurship & Business
Supreme Court rules again on calculation method for rent reduction due to coronavirus for commercial leases
On 4 July 2025, the Supreme Court issued another ruling on the calculation method for rent reductions for commercial premises due to COVID-19. The Supreme Court ruled that, depending on the circumstances of the case, the court may choose which method to use to calculate the rent reduction in a specific case.
Litigating on behalf of a company: a legal pitfall?
When litigating on behalf of a company, it is important that the rules governing internal decision-making and external representation are strictly adhered to. Failure to comply with these rules can lead to a painful rejection by the court. In this article, Furkan Alkilic uses a recent ruling to explain what you need to bear in mind to avoid falling into this legal trap.
An escape in contractual compensation for temporary workers?
Is there an escape route for companies that want to avoid the contractual fee when taking on temporary workers? Often temporary workers must work a minimum number of hours before they can be taken over by the hirer free of charge. Taking over earlier usually results in a contractual fee. One painting company thought it had found a way to get out from under this fee.
