Custom legal document

Drafting terms deliveryandconditions of

Have it drafted, amended, or reviewed by our legal experts and/or lawyers starting from 99
SME Lawyers

Don't take a gamble on this: holes in a self-made document have major consequences.
Have a lawyer review it and save yourself doubt, setbacks, and exorbitant costs.

  • Truly Tailor-Made Legal Solutions
  • Fixed rates
  • Pay later after draft
  • Free adjustment round
  • Delivered within 5 working days
  • Express delivery possible
  • Available in Dutch and English

How does it work?
Our services include a free consultation, a draft document, a revision round, and a final document. We invoice after sending the draft document.

Experience with legal services for entrepreneurs since 2001
Lawyers and legal professionals.Direct contact with a specialist who thinks practically.
Fixed rates.Where possible, clarity regarding costs in advance.
Within 4 hoursWe respond quickly to your request.
  • We worked for, among others:
  • MKBjuristen.nl partner
  • MKBjuristen.nl partner
  • MKBjuristen.nl partner
  • MKBjuristen.nl partner

We worked for, among others:

An incorrect document often provides a false sense of security.
You think everything is taken care of, but only discover whether the document actually works during a conflict or claim.

1

Free intake

We discuss your company, the purpose of the document, and the key risks.

2

Draft or check

We draft a custom document or review your existing document legally.

3

Final version

You will receive a final version with instructions on correct usage.

Mr. Jaime Boogaers
Mr. Jaime Boogaers
Corporate Law
Attorney, 16 years of experience

Terms of delivery must clearly state exactly when you have delivered, when the risk passes, and what happens in the event of delays, transport problems, or payment arrears. Without these agreements, a logistical problem can quickly turn into a liability dispute

  • For suppliers, wholesalers, manufacturers, webshops, and B2B sales
  • Attention to delivery times, partial deliveries, transport, and transfer of risk
  • Retention of title, complaints, warranty, payment, and liability regulated
  • Practically useful for quotations, order confirmations, and sales processes

Choose Tailored Legal Solutions

Choose whether you want to have the document drafted, checked, or modified. Prices and options vary per document.

From 99
Customization
from 99.- per document

Do you already have a document, but are unsure if it is still correct? We check content, risks, and practical usability.

from 199.- per document

Is your document outdated, copied, generated with AI, or no longer suitable? We check and adjust the document.

About us

Our expertise in terms of delivery

Our lawyers and in-house counsel assist suppliers, wholesalers, manufacturers, distributors, and webshops with terms of delivery, terms of sale, terms of purchase, and distribution agreements. We examine delivery times, transport, transfer of risk, retention of title, payment, complaints, warranty, returns, and liability.

Customization for your delivery process

Delivery terms must align with how you actually deliver: from stock, to order, on-site, via carriers, internationally, or as custom work. Therefore, we tailor the terms to your products, customers, logistics, and risks.

Our facts

  • Active since 2001
  • Lawyers and in-house counsel
  • Experience with trade, delivery, B2B, and consumer terms and conditions
  • Attention to transfer of risk, retention of title, and liability
  • Fixed rates in advance where possible
  • Customization
  • About us
from 99.- per document

Do you already have a document, but are unsure if it is still correct? We check content, risks, and practical usability.

  • Our legal expert spends 0.5 to 1.5 hours on the check
  • Telephone intake with a lawyer
  • Checks on content, risks, and practical usability
  • Attention to liability, payment, and termination
  • Concrete points for improvement and legal advice
  • Delivered within 3 working days, express delivery possible
from 199.- per document

Is your document outdated, copied, generated with AI, or no longer suitable? We check and adjust the document.

  • Our legal expert spends 1.5 to 2.5 hours checking and making adjustments
  • Telephone intake with a lawyer
  • Verification of the existing document
  • Adaptation to your business and working methods
  • Suitable for new services, customers, or risks
  • Delivered within 5 working days, express delivery possible

About us

Our expertise in terms of delivery

Our lawyers and in-house counsel assist suppliers, wholesalers, manufacturers, distributors, and webshops with terms of delivery, terms of sale, terms of purchase, and distribution agreements. We examine delivery times, transport, transfer of risk, retention of title, payment, complaints, warranty, returns, and liability.

Customization for your delivery process

Delivery terms must align with how you actually deliver: from stock, to order, on-site, via carriers, internationally, or as custom work. Therefore, we tailor the terms to your products, customers, logistics, and risks.

Our facts

  • Active since 2001
  • Lawyers and in-house counsel
  • Experience with trade, delivery, B2B, and consumer terms and conditions
  • Attention to transfer of risk, retention of title, and liability
  • Fixed rates in advance where possible

Reviews (21)

Boris

They immediately zoomed in on the matters that were truly important to us. The proactive attitude while waiting for feedback from our counterparty was very pleasant. Fantastic value for money for this level of expertise.

Said

The start of the process immediately made a professional impression. We received a clear document without unnecessary complexity. A party that delivers on what it promises on its website.

Amani

They really thought along with our situation. The contact was approachable and professional. A reliable partner that strives for perfection in their documents.

Mirjam

The contact felt professional and approachable. The feedback we received on our own concept was incredibly insightful and useful. A reliable partner striving for perfection in their documents.

Marloes

We urgently needed a lawyer and were helped immediately. The draft was provided with helpful notes in the margin for clarification. Everything was delivered neatly and on time.

Freek

We were given the space to tell our entire story without being interrupted. The process was completely digital and frictionless, which saved us a lot of time. The quality fully met our expectations.

Karlijn

We were pleasantly surprised by the proactive initial approach. We didn't just receive a standard template, but true custom work for our general partnership. It is clear that they have a passion for entrepreneurship.

Brahim

It was nice that potential pitfalls were proactively considered. The document was legally well-substantiated. Our business partners were impressed by the professionalism of the contracts.

Mila

Communication was direct and efficient, exactly what we were looking for. They provided a watertight confidentiality agreement that perfectly suited our innovations. The end result aligns 100% with our high standards.

Erik

We ran into a complex contractual issue, but were helped quickly. They understood that, as a startup, we have different needs than an established corporate. Everything was delivered neatly and on time.

Sanne

It immediately felt like a partnership rather than a simple service. The risks we were willing to take were assessed strictly but fairly. Our business partners were impressed by the professionalism of the contracts.

Suzanne

From the intake, it was clear what we could expect. The content aligned well with our company. The document was flawlessly accepted by our investors.

Saar

We received pleasant assistance from the very first contact. They did not make things unnecessarily difficult regarding minor changes outside the scope. The document was accepted flawlessly by our investors.

Asmae

The initial meeting confirmed that we had made the right choice. They managed to reduce an extremely tough file to manageable proportions. The end result aligns 100% with our high standards.

Sabri

The flexibility in scheduling an appointment was very pleasant. They considered not only preventing disputes but also finding practical solutions. Everything was delivered neatly and on time.

Youssef

The speed with which our first email was responded to was impressive. The explanation regarding limitation of liability was a real eye-opener for our Management Team. Our business partners were impressed by the professionalism of the contracts.

Zakaria

We came in with a vague idea, but were immediately presented with concrete steps. We received valuable tips on how to present the documents to our clients in practice. The quality fully met our expectations.

Houda

We quickly received the right guidance in a legal landscape unfamiliar to us. Our questions were answered calmly and clearly. The quality fully met our expectations.

Rianne

My request via the website was picked up incredibly quickly. The flexibility to add an extra clause at the last minute was greatly appreciated. Fantastic value for money for this level of expertise.

Moad

We were immediately reassured after a worrying situation. The proactive attitude while waiting for feedback from our counterparty was very pleasant. The quality fully met our expectations.

Milan

From day one, there was open and honest communication. The lawyer pointed out aspects we hadn't considered ourselves. These documents will undoubtedly save us a lot of headaches in the future.

Meet our office

Our ContractCheck, simply explained what can all go wrong.

Why MKB Juristen?

Since 2001, we have been active as a no-nonsense legal firm for entrepreneurs. We quickly get to the heart of the matter: with a thorough assessment, clear answers, and a document that works practically.

  • Nationwide coverage
  • First consultation free and without obligation
  • Fixed rates where possible
  • Affordable legal advice from lawyers and legal experts
  • Always a response within 4 hours

First, see how we work

A legal document requires trust. You see immediately who we are, how we help entrepreneurs, and why we do not work with standard templates.

  • You can view our working method before submitting an application
  • You will get a feel for the office and the people faster
  • The video supports the choice for customized legal solutions
  • After that, you can immediately request a quote or intake

What you can expect from us

We translate your situation into a legal document that you can actually use. You won't receive a loose template, but a document tailored to your business, agreements, and risks.

  • A clear roadmap: intake, concept, revision round, and final version
  • Practical explanation on how to use the document
  • Legal attention to liability, payment, and termination
  • Where possible, provide clarity in advance regarding price and delivery time
Are you unsure whether you should have the document drafted, checked, or amended?
During the initial consultation, we will determine the sensible course of action together. Afterward, you will know exactly where you stand.

Why customization?

A legal document only works well if it aligns with your business, agreements, risks, and industry. That is why we do not work with a standard generator, but with legal experts who assess your situation.

  • Prepared for your company
  • Telephone consultation included
  • No standard template
  • Review by legal specialists

What do you get?

You will receive a legal document that is practical and aligns with the agreements you wish to make.

  • Draft document or legal review
  • One adjustment round
  • Clear explanation where necessary
  • Fixed price where possible

The founders of MKB Juristen

Our organization consists of several small teams working within various legal fields. Each legal field has its own senior in-house counsel and/or lawyers.

Denian Wielhouwer

Corporate lawyer in corporate law & business expert

Denian Wielhouwer

Annelore Hendriks

Corporate lawyer, corporate law, administrative law

Annelore Hendriks

Ilja van Driel

Corporate law attorney, employment law

Ilja van Driel

Jaime Boogaers

Corporate law, ICT & privacy law, energy law attorney

Jaime Boogaers
Custom choices

Which choices determine the content?

The content of your terms and conditions of delivery depends on your company and your customers. The choices below determine which provisions you need and how strictly you formulate them.

Choice or question Why this matters legally
Do you supply to businesses or consumers? Mandatory protection rules apply to consumers; provisions that go too far are therefore voidable.
Do you supply products, services, or both? Products require retention of title and warranty; services require agreements regarding effort, result, and additional work.
Would you prefer prepayment or payment later? This determines the payment term, the retention of title, and the collection provisions.
How high is your liability risk? For high order values ​​or high-risk work, align the limitation of liability with your insurance.
How do you provide the terms and conditions? Online (link or PDF) or on paper; this determines whether a reliance on the conditions holds up.
Clauses and provisions

Which elements belong in terms of delivery?

A complete set of delivery terms governs the entire process from order to payment. Below are the elements that belong in virtually every set of delivery terms, along with when they apply and why they are important.

Provision Relevant to Legal point of attention
Applicability and definitions With every quotation and agreement Establishes that your terms and conditions apply and excludes the customer's terms and conditions.
Delivery times and delivery Upon execution of the order Clarifies that the stated periods are indicative and regulates the moment of risk transfer.
Prices and payment Upon invoicing Determines payment term, price changes, and consequences of late payment (interest and costs).
Retention of title Until full payment Retain delivered goods as your property until the purchaser has paid in full.
Warranty and complaints After delivery Regulates within what timeframe and how the customer must report defects.
Liability In case of damage Limit your liability to a reasonable amount and exclude consequential damages.
Force majeur In unforeseen circumstances Suspend your obligations if delivery is impossible through no fault of your own.
Applicable law and disputes In case of conflict Designates Dutch law and the competent court.
Use in practice

How do you use this document correctly?

Terms of delivery are only effective if you declare them applicable in a timely and demonstrable manner. Follow the steps below to make your terms legally valid.

Situation What should you do? Point of attention
Before or at the conclusion of the agreement State the terms and conditions applicable in the quotation and order confirmation Adding them afterwards doesn't work; they must be agreed upon in advance.
Upon concluding the agreement Actually hand over the terms and conditions or offer them reasonably The purchaser may annul conditions that have not been provided.
On your invoices and website Clearly refer to the terms and conditions and keep them available for consultation Strengthens the evidence that the buyer knew them.
Periodically Update the conditions in case of changes in law or working methods Outdated provisions may be invalid or detrimental.
Common mistakes

Common mistakes

Many entrepreneurs have terms and conditions of delivery but still encounter problems due to errors in usage or content. These are the most common, along with the consequences and solutions.

Wrong Consequence Better approach
Do not provide conditions in advance The customer invalidates the terms and conditions; you are left empty-handed Provide the terms and conditions with the quotation or agreement and record this.
Standard text from the internet without modification Provisions do not suit your company or are invalid Have the terms and conditions tailored to your industry and working methods.
No retention of title In the event of the customer's bankruptcy, you lose your delivered goods Include a clear retention of title clause until full payment.
Unlimited liability One claim can put your business at risk Limit liability and exclude consequential damages, tailored to your insurance.
Applying consumer provisions to consumers Clauses are voidable and offer no protection Use a separate set of terms and conditions tailored to consumers.
Risk profile

What is your situation and what do you pay attention to?

Which points carry the most weight in your terms and conditions of delivery depends on your situation. If you recognize yourself in one of the cases below, pay extra attention to the mentioned point of attention.

Risk profile Example Focus in the document
Delivery on account You deliver first and invoice afterwards Retention of title, payment term and clear collection provisions.
Delivery to consumers Your customers are private individuals Mandatory consumer protection; avoid voidable clauses.
Risky or expensive deliveries A mistake can cause major damage Limitation of liability tailored to your business insurance.
Online sales You conclude agreements via your website Valid provision via link or PDF and clear acceptance.
Additional documents

When is this document not enough?

Terms of delivery govern the standard conditions of your deliveries, but not every situation. In the cases below, you will need additional or different documents.

Situation Supplementary document Why
Situation Related document Explanation
With a fixed partner, you make more extensive agreements than just deliveries Cooperation Agreement Establishes the broader collaboration, division of roles, and goals between the parties.
You exchange confidential information before or during delivery Confidentiality Agreement Protects business-sensitive data that you share with the customer.
Your customer is not paying invoices despite reminders Debt collection Helps to collect outstanding debts.
Explanation of this document

Drafting terms of delivery, why?

Not every entrepreneur knows exactly what terms of delivery are, when they are needed, and which risks they must cover. That is why we explain below what this document entails, what to look out for, and why customized legal frameworks are important.

What are delivery terms?
Terms of delivery are the general terms and conditions applied by a seller or supplier when delivering products. They regulate delivery periods, delivery modalities, the moment of transfer of risk, the transfer of ownership, retention of title, the consequences of late delivery, and the complaint procedure for non-conformity. Terms of delivery represent the sales side of the commercial relationship—they are drafted by the supplier and declared applicable to the buyer. They work in conjunction with the supplier's general terms and conditions, which govern the broader contractual relationship. In sectors such as transport, logistics, and international trade, terms of delivery are supplemented by international trade rules such as the ICC Incoterms 2020, which standardize the allocation of risk in cross-border deliveries. Our lawyers draft terms of delivery for you that correctly define the moment of transfer of risk, effectively formulate the retention of title, limit the consequences of force majeure, and comply with the legal requirements for business and consumer transactions.
How do you regulate the moment of risk transfer in the terms and conditions of delivery?
The moment of transfer of risk determines when the risk of loss or damage to the delivered goods passes from the supplier to the buyer. The statutory main rule of Article 7:10 of the Dutch Civil Code is that the risk passes upon delivery. However, the moment of transfer of risk can be contractually shifted in the terms of delivery — earlier or later than the statutory main rule. In the case of franco deliveries — the supplier delivers to the buyer's address — the risk passes upon delivery at that address. In the case of ex-works deliveries — the buyer collects the goods themselves — the risk passes upon collection. For international deliveries, the Incoterms 2020 offer a standardized set of delivery terms that accurately define the moment of transfer of risk for each term. Your terms of delivery must explicitly specify the moment of transfer of risk to avoid disputes regarding damage during transport. Our lawyers draft a risk transfer clause that aligns with your logistics practices.
How do you effectively arrange retention of title in terms of delivery?
A retention of title clause in terms of delivery is only effective if it is made known to the buyer before or at the time of concluding the purchase agreement — not merely on the invoice afterwards. Your terms of delivery must describe the retention of title, stipulate that ownership only passes upon full payment of all claims arising from the commercial relationship — the extended retention of title under Article 3:92 paragraph 2 of the Dutch Civil Code — and record that the buyer may not resell, pledge, or otherwise encumber the delivered goods as long as the retention of title is in effect. For deliveries to consumers, the retention of title is more limited: it may only apply to the specific purchase price of the item in question, not to other claims. Our lawyers draft a retention of title agreement that offers maximum protection for business clients.
How does it work at MKBjuristen?
After a brief intake, our lawyers map out your product portfolio, your logistical structure, and your client base. Based on this, we draft terms of delivery that correctly define the moment of transfer of risk, effectively formulate the retention of title, and limit the consequences of force majeure.
Are you unsure whether your document is legally correct? We would be happy to assess the sensible course of action: drafting, reviewing, or amending.
Request a quote

Why not use a standard document?

A standard document often seems like a quick solution, but usually does not fully align with your company, agreements, risks, and way of working. Our legal experts draft documents that fit your situation.

Standard document
SME Lawyers
Not tailored to your business
Tailored to your company, industry, and working methods
No control over your specific situation
Consultation with a lawyer and assessment of your risks
Possibly outdated or incomplete
Verification of current and practical provisions
No personal explanation
Explanation regarding the use of the document

A standard document seems cheap, until it doesn't fit your situation properly. That is why we provide custom legal solutions tailored to your business.

Customization per delivery situation

Not every supplier faces the same risks. Therefore, we do not make delivery terms generic, but tailored to the product, customer, logistics, payment, and complaints process.

B2B delivery

Attention to quotations, orders, delivery times, purchase volume, payment, and customer purchasing terms.

Custom products

Attention to specifications, agreement, cancellation, return exclusion, and acceptance.

Transport and shipping

Attention to costs, transfer of risk, transport damage, failed delivery, and evidence.

Webshop and consumers

Attention to withdrawal, returns, delivery, consumer information, and complaints.

International delivery

Attention to Incoterms, customs, taxes, documents, and applicable law.

Delivery with installation

Attention to installation, delivery, additional work, safety, warranty, and liability.


Terms of delivery must clearly define the time of delivery and the risk. Therefore, we look at transport, delivery time, retention of title, payment, complaints, warranty, and liability.

Common mistakes in terms of delivery

Problems often arise with terms and conditions of delivery because delivery times, transfer of risk, ownership, and complaints are not concretely regulated.

  • Formulate delivery times as a hard deadline without reservation
  • Do not record transfer of risk during transport or collection
  • Do not include a retention of title clause for payment after delivery
  • Do not reject business customers' purchasing terms and conditions
  • Customization, cancellation, and returns do not need to be arranged separately
  • Forgotten complaint periods for visible and hidden defects
  • Warranty formulated too broadly for wear and tear, misuse, or third parties
  • Do not charge for transport costs, storage costs, and failed deliveries

Draft delivery terms carefully and prevent unnecessary problems in the future. Good delivery terms prevent disputes regarding delivery, transport, payment, complaints, warranty, and liability.

Are terms of delivery mandatory?

No, but they are highly recommended for companies that supply products, because they record agreements regarding delivery, transport, risk, payment, and complaints.

What is the difference between delivery terms and sales terms?

Delivery terms focus primarily on delivery, transport, and risk. Sales terms are broader and also regulate quotations, payment, warranty, and liability.

Can I include a retention of title clause?

Yes. With that, you remain the owner until full payment has been made, provided it is properly formulated and declared applicable in a timely manner.

When does the risk transfer to the customer?

That depends on the agreements. Specify whether risk transfers upon shipment, delivery, collection, or receipt.

Can MKB Juristen review existing terms and conditions of delivery?

Yes. We check, among other things, delivery times, transport, transfer of risk, retention of title, complaints, warranty, payment, and liability.

Contact us

Annelore Hendriks

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SME Lawyers at the Chamber of Commerce Source: Chamber of Commerce 2019
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