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
Justin de Vries
Furkan Alkilic
More about Entrepreneurship & Business
Sick employees; Reintegration second track in SMEs
Suppose your employee has been sick for almost a year. He holds a defining position within your company. You therefore want to appoint a replacement, because it looks like the sick employee will not be able to return to his original position. Is this allowed?
Employee termination: ‘We are going to quit’, clear and unambiguous?
It is more common than thought: an employee terminating their job in an emotional state. This termination may obviously be due to a conflict or discussion at work (e.g. about reintegration). It may also be that the employee feels pressured by his employer to quit.
Bankruptcy Transfer of Undertaking Act (Wovof)
On 27 May 2024, the Transfer of Undertaking in Bankruptcy Act (Wovof) was submitted for consultation. All stakeholders will have the opportunity to respond to the bill until 22 July 2024. Thisis a follow-up to the earlier consultation in 2019. What is the purpose of this new legal regulation?
