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
Gentia Niesert
More about Entrepreneurship & Business
No-risk policy: points of attention for employers
In this article we discuss the so-called 'no-risk policy' and points of attention for employers who employ personnel with a no-risk policy. We discuss what the policy entails and what this means for the reintegration obligations when the employee becomes disabled.
Right to consent of Works Council: what to do in case of refusal by Works Council (WC)?
A works council WC has a right to consent with regard to proposed decisions to adopt, amend or repeal a regulation pursuant to Section 27 of the WOR. But what if the Works Council refuses to give its consent to the implementation of the resolution? Is that reasonable, or do the interests of the employer outweigh the interests? And what can the entrepreneur do?
Turboliquidation
The government expects that as a result of covid-19, a significant number of entrepreneurs will want to end their business in the short term using the turbo liquidation. The government fears abuse and has drafted a proposal to protect the position of creditors and to increase transparency on this scheme. This proposal has been submitted for consultation.
