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You do not need to provide your general terms and conditions again with every transaction. Once you have legally declared them applicable and provided them, and they remain in effect unchanged, they also apply to subsequent transactions with the same party. However, there are important conditions.
Conditions must apply and be provided
General terms and conditions govern your contractual relationships, but apply only if they have been declared applicable and the other party has had the opportunity to take notice of them (provision, Articles 6:233 and 6:234 of the Dutch Civil Code). If the other party accepts them, for example with the quotation, they apply.
Not with every transaction again
Once you have correctly declared the terms and conditions applicable and provided them, you do not need to send them along with every new order. In the case of an ongoing relationship or repeated transactions with the same party, the same terms and conditions generally apply to subsequent orders as well, provided they remain unchanged.
Pay attention to changes
If you amend your terms and conditions, you must declare the amended version applicable again and provide it to the other party. The new terms and conditions do not automatically apply by virtue of the old provision. Therefore, ensure that the other party can take notice of a change and accepts it.
This way you stand strong
To be on the safe side, refer to your terms and conditions in every quotation and order confirmation, and keep a record of when and how you provided them. If in doubt about a previous provision, simply send them along again. This prevents disputes regarding whether your terms and conditions apply.
Frequently Asked Questions
Do I have to send my terms and conditions again every time?
No. Once you have correctly declared them applicable and provided them, and they remain unchanged, they also apply to subsequent transactions with the same party.
What if I change my terms and conditions?
In that case, you must declare the amended version applicable again and provide it. The new terms and conditions do not apply automatically.
How am I strongest?
Refer to your terms and conditions in every quotation and confirmation and keep track of when you provided them. If in doubt: simply send them along again.
Making the most of your general terms and conditions?
Our legal experts draft your general terms and conditions and perform a terms and conditions scan. View our contract lawteam or schedule a free consultation.
