General Terms and Conditions, fine print of great importance …

Wim SmetAntwerp, Belgium

General terms and conditions are rules that you want to apply by default when entering into an agreement. This way, there is no longer any need to renegotiate matters such as payment terms, delivery periods, warranty, etc. for each agreement.

Although the use of general terms and conditions is not legally required, applying them correctly offers numerous advantages.

The general terms and conditions set out the rights and obligations of the parties to the agreement. If the contractual obligations are subsequently not complied with, reference is made to the provisions of the general terms and conditions. This reduces the risk of legal disputes.

For example, you can partially limit or even exclude your liability. Arrangements that are not regulated by law (retention of title – advance payment arrangements) can also be provided for within the framework of the general terms and conditions.

The enforceability of your general terms and conditions depends on two factors:

  • your contracting party must have had the opportunity to review your general terms and conditions at the latest by the time the agreement was concluded
  • your contracting party must have accepted the general terms and conditions in a certain manner, by means of an agreement

Drafting general terms and conditions requires a tailored approach; the statement “my general terms and conditions are available upon simple request” is certainly not sufficient!

Alis Advocaten is happy to pave the way for you; with the right general terms and conditions, we provide your company with legal certainty and a professional image.

Related practice areas

Commercial law Corporate law Civil law

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