General terms and conditions are rules that you want to apply as standard when concluding an agreement. In this way, it is no longer necessary to renegotiate every agreement on, for example, payment terms, delivery times, guarantees, etc…
Although the use of general terms and conditions is not mandatory from a legal point of view, its correct application offers numerous advantages.
The general terms and conditions determine the rights and obligations of the parties to the agreement.
If the contractual obligations are subsequently not complied with, you fall back on the provisions of the general terms and conditions. This reduces the risk of legal conflicts.
For example, you can partially limit or even exclude your liability. Agreements that are not regulated by law (retention of title - advance payment arrangement) can also be provided within the framework of the general terms and conditions.
The enforceability of your general terms and conditions depends on two factors:
- your co-contracting party must, at the latest when concluding the contract, have had the opportunity to take cognizance of your general terms and conditions;
- your co-contractor must have accepted the general terms and conditions by means of an agreement.
The drafting of general terms and conditions is custom work, the statement "my general terms and conditions can be obtained on simple request" is certainly not enough!
Alis Advocaten is happy to pave the way for you, with the right general conditions we offer your company legal certainty and a professional image.
