Contracts

4 reasons why you need good delivery terms

Good delivery terms protect you in everything related to your deliveries: they limit your liability, regulate payment and retention of title, make delivery times indicative, and govern complaints and warranty. Four reasons why you need them....

Published on July 5, 2022 by MKBjuristen.nl
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Good delivery terms protect you in everything related to your deliveries: they limit your liability, regulate payment and retention of title, make delivery times indicative, and govern complaints and warranty. Four reasons why you need them.

1. Limiting your liability

If something goes wrong during or after a delivery, you do not want to be held liable without limitation. In your terms and conditions of delivery, you limit liability within legal limits, for example to the invoice amount, and exclude consequential damages. Without that protection, you fall back on the statutory standard.

2. Arranging payment and retention of title

You set payment terms, interest, and collection costs so that you are in a strong position in the event of non-payment. With a retention of title clause, the delivered goods remain your property until fully paid for — crucial protection if your customer fails to pay or goes bankrupt.

3. Make delivery times indicative

By designating delivery times as indicative (not binding), you prevent a minor delay from immediately leading to damage claims or termination. You stipulate that default only occurs after a notice of default, so that you retain the flexibility to still deliver.

4. Handling complaints, warranty, and risk

You determine the timeframe within which a customer must file a complaint, what is covered by your warranty, and when the risk of the delivered goods transfers. Clear agreements on these matters prevent endless disputes and limit your risk of late or unjustified claims.

Frequently Asked Questions

What is the difference compared to general terms and conditions?

Delivery terms are often the part of your general terms and conditions that specifically concerns deliveries. The concept is not strictly defined; the content is what counts.

What is the most important thing they are arranging?

In particular, limiting liability and regulating payment, retention of title, delivery times, and complaints.

Do my terms and conditions apply automatically?

No. You must declare them applicable and provide them in a timely manner, otherwise they are not applicable or are voidable.

Want to have strong terms and conditions of delivery drawn up?

Our legal experts draft your terms of delivery and general terms and conditions . View our contract lawteam or schedule a free consultation.

Please note: an article provides general information, but your legal situation may turn out differently.

A contract, conflict, or legal risk must always be assessed based on the facts, documents, evidentiary position, and interests. Are you in doubt? Have your situation assessed before you act.

Legal question regarding this article?

A blog provides explanation, but your situation often requires a concrete legal choice. MKB Juristen helps entrepreneurs with contracts, terms and conditions, GDPR documents, employment documents, disputes, and customized legal solutions.

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