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This is why you should always confirm an order in writing

An oral agreement is valid, but in the event of a dispute, you must be able to prove it — and that is often difficult without something in writing. That is why you always confirm an assignment in writing: it provides proof and...

Published on 30 November 2020 by MKBjuristen.nl
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A verbal agreement is valid, but in the event of a dispute, you must be able to prove it—and that is often difficult without something in writing. Therefore, you should always confirm an assignment in writing: it provides proof and prevents disputes about exactly what was agreed upon.

An oral statement is valid, but difficult to prove

An agreement is often simply reached verbally; for most agreements, a written contract is not required (although there are exceptions). The problem lies in the proof: if you appear before a judge, you must be able to demonstrate what was agreed upon. A verbal agreement is difficult to prove.

Why a written confirmation?

A written order confirmation sets out what you are delivering, at what price, within what timeframe, and under what conditions. This prevents misunderstandings, disputes afterwards, and problems with proof. It doesn't have to be an extensive contract: a clear email summarizing the agreements is already a huge help.

Refer to your general terms and conditions

Use the order confirmation immediately to declare your general terms and conditions applicable and to provide them. In this way, your provisions regarding payment, liability, and delivery also become part of the agreement.

Make it a habit

As a standard practice, confirm every order briefly in writing, even if the appointment was made by phone. It takes little time and saves you a lot of hassle if a dispute arises later. If the customer does not respond to your confirmation, you are still in a stronger position.

Frequently Asked Questions

Is a verbal assignment valid?

Yes, in most cases. But in the event of a conflict, you must be able to prove the agreement, and that is difficult verbally.

Does an order confirmation need to be detailed?

No. A clear email summarizing the key agreements and referring to your terms and conditions is often sufficient.

Why refer to my general terms and conditions?

This is how you make your provisions regarding payment, liability, and delivery part of the agreement, provided they are handed over in a timely manner.

Record your assignments properly?

Our legal experts draft a contract for services 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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SME Lawyers at the Chamber of Commerce Source: Chamber of Commerce 2019
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