This is where the products and/or services are sold directly to the other party(s), being a B2B Sales Agreement, B2C Sales agreement, B2B Purchase agreement or B2C Purchase agreement.
Is the agreement for the sale or purchase of certain products and/or services? In this case it is important to know whether the terms and conditions are B2B or B2C. Also, the such agreements can be a one-off such as a Sale and Purchase Agreement, a Framework Agreement, Heads of Terms agreement, Confidentiality agreement, Exclusivity agreement etc. or can have a repetitive character such as General Terms of Trade or General Terms of business. It all just depends on the facts you are confronted with.
Terms and Conditions of sale/purchase B2B are less strictly controlled by compulsory law which are in place to protect consumers. If two professional parties do business together, there is more freedom to agree on the terms. If both parties are registered in the Netherlands then this protective legislation cannot be invoked if either party employs more than 50 employees and when the parties have published their annual accounts prior to entering into the agreement.
The Terms and Conditions of sale/purchase can also apply to several legal agreements, for example where you can concentrate your standard terms and conditions into a separate document being the General Terms and Conditions.
The General Terms and Conditions are then applicable to every agreement that you enter into for the sale or purchase of products/services provided that the strict legal applicability rules are complied with. These type of General Terms and Conditions of trade are specifically for the B2B market. It is efficient to concentrate the General Terms and Conditions into one document, and your company will need to implement a strict procedure internally to make sure that the applicability legal rules are met. If not, then the General Terms and Conditions may not be applicable to the sales/purchase agreement.
This is where two professional parties regularly do business together and wish to agree on most of the terms with the exception of the description of the products/services, the amount, the price for example.
Then there are a range of other types of legal agreements that cover exclusivity or confidentiality for example. An Exclusivity Agreement could be appropriate if both parties wish to exclusively negotiate with each other or where both parties are disclosing confidential information, in which case a Confidentiality agreement is the right type of legal agreement.
procesvoering, aanbestedingen, onderneming en overheid
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