Having General Terms and Conditions is not a must, but it is a bonus for entrepreneurs! Entrepreneurship often means taking risks. You can try to reduce these risks as much as possible by using General Terms and Conditions.
General Terms and Conditions are, in short, agreements that you use as standard when, for example, selling products or offering services. The General Terms and Conditions include agreements that relate to the execution of the work, the right to warranty, the applicable prices and the consequences of non-payment. If the General Terms and Conditions are used correctly, they apply as a supplement to the agreements already agreed between the parties. If you do not have General Terms and Conditions, the statutory provisions apply, which are often much less regulated.
As an entrepreneur, you can take matters into your own hands with a set of General Terms and Conditions. The great thing about General Terms and Conditions is that the conditions can be customized to the extent permitted by law. For example, an entrepreneur can limit his/her liability by means of a provision in the general terms and conditions.
For example, a project manager who is completely dependent on the provision of information by the client (also read: the client) can exclude his liability for incorrect and/or incomplete information. If you are an entrepreneur who provides advice, it is also possible to limit liability for damage incurred by the client if they do not follow the advice you provided. partially (with or without the help of advice from third parties).
Unfortunately, drawing up clear General Terms and Conditions is not enough. It is very important that the General Terms and Conditions are used correctly. The validity and applicability of the General Terms and Conditions depends on the moment that they are made known to the customer and they accept them.
Most entrepreneurs who have General Terms and Conditions often make the mistake of declaring the General Terms and Conditions applicable when issuing the invoice. This is a crying shame! The General Terms and Conditions were made known to the customer too late at that time and therefore do not apply to the agreement with the customer.
The General Terms and Conditions must be made known to the customer at the start of the work or the delivery of a product. The customer does not need to know the content of the General Terms and Conditions. It is important that the General Terms and Conditions are sent along with the quotation or are handed over to the customer at the same time as the agreement is signed and signed for receipt. After all, it is about the awareness of the existence of the General Terms and Conditions and the acceptance thereof.
If you have any questions regarding the drafting of General Terms and Conditions as a result of this blog or if you would like to have your General Terms and Conditions screened, please do not hesitate to contact us. contact with us. We will be happy to guide you through this process.
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