MKB Juristen drafts custom legal documents
It is best not to cobble together or copy important contracts, terms and conditions, and other legal documents yourself. We help entrepreneurs on a budget with customized legal solutions, clear costs upfront, and practical explanations.
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Having terms and conditions of delivery drafted by a specialized SME lawyer typically costs between €350 and €1,000, depending on the specific nature of your delivery and industry. You pay for a set of conditions tailored to your method of delivery, featuring a strong retention of title clause, a defensible limitation of liability, and correct applicability in accordance with the regulations for general terms and conditions in Article 6:231 et seq. of the Dutch Civil Code. Below, you can read what determines the costs and how the process works.
The short answer
- Having standard terms and conditions of delivery drawn up often costs between 350 and 650 euros.
- For a specific industry or international delivery, that rises to 1,000 euros or more.
- The process usually takes one to two weeks: intake, draft, revision round, and delivery.
- You pay for a retention of title and exoneration clause that hold up if things go wrong.
- For occasional, small business deliveries, a decent basic set may suffice.
Having terms of delivery drawn up: what determines the costs
The price depends on how unique your situation is. If you supply standard products to Dutch business customers, a set of terms and conditions can be prepared relatively quickly. If you supply custom work, machinery with installation, software, or goods abroad, additional topics come into play, such as international transfer of risk, Incoterms, and applicable law. This requires more time and therefore a higher rate.
Ask whether you pay a fixed price or an hourly rate. For a standard set of terms and conditions of delivery, many SME lawyers work with a fixed rate so that you know exactly what to expect in advance. For complex or international deliveries, an hourly rate is more common.
The process step by step
It begins with an intake during which you describe your deliveries: what you supply, to whom, how transport and payment are handled, and which risks you wish to cover. Based on this, the legal expert drafts a concept tailored to your industry. This is followed by a revision round during which you submit adjustments. Finally, you receive the definitive terms and conditions, often with brief instructions on how to correctly declare them applicable.
Expect a turnaround time of one to two weeks for a standard set. For international or highly industry-specific terms and conditions, this may take longer, as more alignment is required regarding the precise risks and the desired protection.
What you get in return
You pay for conditions that hold when you need them. A legal expert ensures that the retention of title pursuant to Article 3:92 of the Dutch Civil Code is formulated in such a way that you can actually reclaim the goods in the event of your customer's bankruptcy. The limitation of liability is also structured realistically, so that it is not set aside as unreasonably burdensome.
In addition, you receive a priority clause rejecting your customer's purchasing terms and conditions, and instructions regarding the provision of these terms pursuant to Article 6:233(b) and Article 6:234 of the Dutch Civil Code. It is precisely this latter point where many entrepreneurs go wrong: a customer can still invalidate strong terms and conditions that were never provided.
Practical example
A manufacturer of packaging machines delivers throughout Europe, including on-site installation. They want to replace their old, template-based terms and conditions. The legal expert drafts terms and conditions including a detailed retention of title clause, a force majeure provision, a liability limit per order, and a choice of Dutch law with the competent court. Because deliveries are international and installation plays a role, the fee is around 900 euros. With this, the manufacturer has a set that suits its deliveries and will hold up in the event of a dispute.
Do it yourself or have it drafted
The decision depends on your risk. If you occasionally deliver small orders to well-known business clients, a solid basic set put together yourself is justifiable. However, if you deliver structurally, for larger amounts, or internationally, the investment in a lawyer is well outweighed by the risk that your retention of title or exoneration clause proves ineffective at the decisive moment.
Honest recommendation
If you supply occasionally and for low amounts to a few regular business clients, you do not need to engage a lawyer. A solid basic set with an indicative delivery time, a retention of title clause, and a liability limit, correctly declared applicable, will get you a long way.
Have the terms and conditions drawn up as soon as you make structural deliveries, work with large or international orders, or deal with the purchasing terms of major customers. The relatively limited costs are then far outweighed by the risk of terms failing at the decisive moment.
Want to know more? View the terms of delivery on our contracts page, read what terms of delivery are , or discover exactly how to draft terms of delivery.
Frequently Asked Questions
For a standard set, you can expect to pay between 350 and 650 euros. For a specific industry, custom work, or international delivery, this rises to 1,000 euros or more, depending on the complexity and the matters that need to be addressed.
For a standard set, allow one to two weeks: intake, draft, revision round, and delivery. For international or highly industry-specific terms and conditions, it may take longer due to additional coordination regarding risks.
For a standard set, many SME lawyers work with a fixed rate so that you know exactly what to expect in advance. For complex or international deliveries, an hourly rate is more common. Please check this beforehand.
A template rarely fits your deliveries and risks exactly. The retention of title and limitation of liability, in particular, must be correct. A lawyer tailors these to your situation so that they hold up if things go wrong.
Yes, usually you receive brief instructions on how to correctly declare the terms and conditions applicable and provide them pursuant to Article 6:233(b) and Article 6:234 of the Dutch Civil Code. Without this, a customer can still annul provisions.
Yes. For international deliveries, topics such as Incoterms, international transfer of risk, and applicable law come into play. This requires more work and increases the rate, but results in terms that are correct for cross-border deliveries.
You will often receive an editable version. You can then make minor changes yourself. If there are any substantial changes to your deliveries, have the terms and conditions checked again to ensure that the retention of title and the exoneration clause remain correct.
