That the content of the general terms and conditions used by your company is of great importance for, inter alia, the limitation of liability, will come as no surprise to you. And that the terms and conditions should contain the right and essential provisions specific to your business is probably not either. But what is at least as important, Marco Goyaerts argued at the workshop, is the applicability of the general terms and conditions to an agreement between you and your customer. By extension, you should ensure that your customer knows these terms and conditions, so that you do not run the risk that these terms and conditions - for example, in the event of a dispute - are voidable.
First come, first served
'The applicability of general terms and conditions is quickly assumed,' Marco told the workshop. 'You act correctly if you state on your stationery or your website that the general terms and conditions apply, while also indicating where they can be found by your client. This could be at the Chamber of Commerce, for example, or on your website.' One thing is important, according to Marco: be the first to declare your terms and conditions applicable on the deal. 'Because the time-honoured rule applies here: first come, first served.'
In addition, Marco told the relations present that the of great importance that you provide your general terms and conditions to the other party, to prevent them from being voidable. This should be done both properly and at the right time. 'The law requires that this handing over before or during the conclusion of the agreement should take place. And therefore not afterwards, for example by mentioning it on the invoice,' the lawyer clarified.
Useful advice
Marco immediately gave attendees some useful advice on how to provide terms and conditions. 'For example, send your general terms and conditions by post to the other party, asking them to signed return. Or send them along with the offer by e-mail, indicating that they apply. If you want to be really sure, ask the other party to by e-mail an agreement send on your terms.'
Marco concluded with two reassuring messages. 'If you have been doing business with a party for a long time and have always declared your general terms and conditions applicable to the contract, it will be difficult for that other party to successfully invoke the voidability of your terms and conditions. Even very large companies cannot claim against you that you did not, or did not properly, provide them with your general terms and conditions.'
Partly due to Marco Goyaerts' interesting story, our workshop "How do I get more return from my credit insurance?" was rated a big 8 by participants. Would you also like to attend an Xolv workshop? Several are planned in 2020, about which we will inform and invite you in good time.
