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What are technical terms and conditions? They are the standard terms and conditions that a technical service provider—installer, mechanic, maintenance company, machine builder—declares applicable in advance to quotations and orders. They regulate matters that the contract itself usually leaves open: how installation and delivery proceed, which warranty applies, the extent of liability, when payment is due, and what happens in the event of additional work or delays. Legally, they are “general terms and conditions” within the meaning of Article 6:231 of the Dutch Civil Code: you are only bound by them once they have been properly provided.
The short answer
- What: Standard terms and conditions for technical services and installation technology, applicable to every assignment.
- Objective: To distribute risks related to installation, warranty, liability, and advance payment.
- Legal status: general terms and conditions (Art. 6:231 BW) — valid provided they are handed over before or at the time of concluding the agreement.
- Industry terms and conditions: many companies use the METAALUNIE terms and conditions or technical industry terms and conditions as a basis.
- Limit: clauses may not be unreasonably burdensome, certainly not towards consumers.
What exactly is technical general terms and conditions?
A technical service provider often delivers a combination of products and work: purchasing materials, assembling an installation, testing, delivery, and subsequent maintenance. This chain has many moments where things can go wrong—incorrect delivery time, damage during installation, a malfunction after delivery, or a dispute regarding additional work. The order confirmation or quotation usually only regulates the price and scope. All other rules are set out in the general terms and conditions.
They are part of virtually every technical assignment: the installation of a central heating or climate control system, electrical cabling, machine building, service and maintenance contracts, or the installation of equipment at a client's location. Without your own terms and conditions, you fall back on the "bare" Civil Code, which works out less favorably for you on points such as liability and payment terms.
The legal status
General terms and conditions are regulated in Section 6.5.3 of the Dutch Civil Code. Two things determine whether your customer is actually bound by them:
- Declare applicable. The quotation or order confirmation states that your terms and conditions apply. One clear reference suffices.
- Provide. You must give the customer a reasonable opportunity to read the terms and conditions before or at the latest upon concluding the agreement — send them with the quotation, or offer them digitally.
If you fail to do so, the customer can invalidate the terms and conditions, rendering them invalid. A reference that only appears on the invoice is too late.
What do they arrange in terms of content?
The core of technical requirements lies in a number of fixed topics:
- Installation and delivery. When is the work delivered, who signs off, and what are the consequences of commissioning without delivery.
- Additional work. You may charge for extra work outside the scope of the assignment; here you specify how you announce and settle this.
- Warranty. What warranty you provide on delivered work and materials, for how long, and which defects are excluded (for example, wear and tear or misuse).
- Liability. A limitation to, for example, the invoice amount or the amount paid out by your insurance, excluding consequential damages.
- Payment. Payment term, interest and collection costs in case of late payment, and possibly a retention of title on delivered material.
- Force majeure and suspension. What happens in the event of delivery problems or non-payment.
METAALUNIE and technical industry terms and conditions
Many technical companies base their terms and conditions on the METAALUNIE conditions (the well-known “delivery conditions” of Koninklijke Metaalunie) or on the industry conditions of their own trade association. These are drafted from the supplier’s perspective and provide solid coverage for installation, warranty, and liability.
Two caveats. First, these types of industry terms and conditions are primarily written for supplying business customers; stricter rules apply to consumers, and certain clauses may be unreasonably burdensome (the “grey” and “black” lists, Articles 6:236 and 6:237 of the Dutch Civil Code). Second, you must actually provide them correctly and not blindly adopt them if they do not suit your type of work — a purely maintenance company requires different emphases than a machine manufacturer.
Practical example
An installation company installs a heat pump at a commercial building. After six months, a malfunction occurs due to a fault in the control system that the customer had modified themselves. Without its own terms and conditions, the company would end up in a dispute regarding the scope of the warranty. With clear conditions — the warranty is voided in the event of interventions by third parties, and liability is limited to repairs — the outcome is clear in advance, and it remains a paid service visit rather than a damage claim.
Honest recommendation
For a technical company, good general terms and conditions are not a luxury: warranty and liability are the areas where a single assignment can impact your business. If you work exclusively commercially and use proper industry terms and conditions that you provide correctly, you do not immediately need a lawyer for standard assignments. However, do have your terms reviewed if you supply to consumers, if you work with large installations and significant consequential damage, or if your existing set is years old and has never been adapted to your current work. A one-off check is then well worth the effort.
Read more: drafting technical general terms and conditions and having technical general terms and conditions drafted. Handle it yourself? View the technical general terms and conditions.
Frequently Asked Questions
Standard terms and conditions that a technical service provider declares applicable to every assignment. They govern installation, delivery, warranty, liability, additional work, and payment. Legally, they are general terms and conditions within the meaning of Art. 6:231 of the Dutch Civil Code.
Yes, provided you correctly declare them applicable in the quotation or order confirmation and provide them before or at the conclusion of the agreement. If they only appear on the invoice, the customer may destroy them.
The assignment or quotation governs the price and scope of that specific work. The general terms and conditions regulate the fixed rules that apply to all your assignments: warranty, liability, payment terms, and additional work. They supplement the contract.
This is possible if you are a member and supply commercially; they provide solid coverage for installation, warranty, and liability. When supplying to consumers, some clauses may be unreasonably burdensome. Always provide them correctly.
In technical work, an error can lead to substantial consequential damage — business interruption, water damage, loss of production. Limiting coverage to the invoice amount or the insurance payout, excluding consequential damage, keeps that risk manageable. Complete exclusion is not permitted in cases of intent or gross negligence.
No. Stricter rules apply to consumers: certain clauses are on the grey or black list (Articles 6:236 and 6:237 of the Dutch Civil Code) and can be annulled. If you work with both, a separate consumer version or a split set is advisable.
Yes. Especially with ongoing maintenance, warranty, liability, and payment terms play a long-term role. Good terms regulate response times, exclusions (wear and tear, misuse), and termination, so that a service contract does not result in disputes.
