As an entrepreneur, you regularly enter into contracts (sometimes daily). To avoid having to discuss / record all aspects of the collaboration with your contracting party, you can apply general terms and conditions.
In the general terms and conditions, you determine the rules that apply to the implementation of agreements. This includes the delivery period, payment conditions and the method of cancellation.
Dutch law excludes the applicability of the entire general terms and conditions or certain stipulations under certain circumstances. This is the case, for example, if a clause is particularly unreasonable in relation to the other party. It is therefore important that you receive professional advice when drawing up the general agreements, so that your interests are guaranteed to the maximum and the applicability of these general agreements are safeguarded.
In view of the importance of general agreements in your day-to-day business operations, it is also necessary that the terms and conditions used match the current situation of your company.
GMW lawyers will be happy to help you with all your company and business litigation issues. If you have any questions, please contact us directly using the enquiry form below or +31 (0)70 3615048. Our company law lawyers will be glad to support and advise you.
GMW lawyers will be happy to help you with all your company law issues and business disputes. Do you have a question? Feel free to contact us.
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6 August 2026
Set-off and bankruptcy: what is and isn’t allowed?
Set-off is a legal mechanism whereby two parties who owe each other obligations may offset their mutual claims and debts. In an ordinary commercial relationship this is, in principle, unproblematic. However, once bankruptcy proceedings are involved, different rules apply.
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2 July 2026
Duty to provide information in a WHOA plan
The Zeeland-West Brabant District Court delivered a ruling on the debtor’s duty to provide information in a WHOA procedure.
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25 June 2026
Discharge from liability in associations
In a recent judgment of the Arnhem-Leeuwarden Court of Appeal, the central question was whether the board members of an association could rely on the discharge granted by the general members’ meeting in relation to the management of a major project (the construction of the clubhouse).
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21 May 2026
Suretyship for entrepreneurs
Suretyship is an age-old instrument used to secure payment or performance of an obligation. The concept already existed in Roman law as a specific form of joint liability, where several debtors were bound to satisfy the same debt.
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16 April 2026
Operational and financial lease: what are the differences in the context of business financing?
The distinction between operational lease and financial lease is important in the context of business financing.
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26 March 2026
The conditions for a bank guarantee to lift a seizure
Provisinal (or prejudgment) seizure of a bank account is a powerful tool for creditors to safeguard their recourse position, before a court has ruled definitively on a claim. For the party whose assets are attached, however, such attachment can be highly disruptive.
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23 February 2026
Directors’ liability: often claimed, difficult to prove
Directors’ liability sounds threatening. In practice, however, a claim brought by a bankruptcy trustee is difficult to win. The threshold for directors’ liability is high. It therefore pays to take a critical look at such liability claims and to provide a solid defence.
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27 November 2025
Interpretation of contracts: the Haviltex-ruling
Most business disputes arise from differing interpretations of agreements. That is not surprising. As Paul Scholten already said in 1909: “Words are never clear on their own.”
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2 October 2025
Purchase agreement for electric cars and non-conformity
In a ruling of the Supreme Court on 28 June 2024 concerning non-conformity in the purchase of an electric car, an important decision was made regarding the vehicle’s driving range.
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