Custom legal document

Terms of Delivery

Have terms of delivery drafted, amended, or reviewed by our legal experts and/or lawyers starting from €99
SME Lawyers

Draft delivery terms carefully to prevent unnecessary problems in the future. Disputes often arise during delivery regarding delivery times, partial deliveries, transport costs, transfer of risk, damage during transport, retention of title, returns, complaints, payment, warranty, and liability for delays or failures.

  • 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.

since 2001Experience with legal services for entrepreneurs
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 (25)

Ruben

The process went smoothly and was well-organized. Ample time was taken to discuss the various options and their implications. A party that delivers on what it promises on its website.

Abdel

The approachability of this firm is a real plus. The lawyer managed to strike exactly the right balance between legal precision and readability. The document was accepted flawlessly by our investors.

Lucas

The clear explanation at the start of the project was crucial for us. The telephone consultation regarding the final details provided just that little bit of extra confidence. These documents will undoubtedly save us a lot of headaches in the future.

Daphne

The direct contact and the absence of hidden costs were the deciding factors. It felt like we had an in-house corporate counsel for the duration of the project. These documents will undoubtedly save us a lot of headaches in the future.

Kees

We really appreciated the transparency regarding the costs upfront. The agreements were properly honored. Our customers respond positively to the clear general terms and conditions.

Samir

No waiting times or endless menus; we got someone on the line immediately. They thought along with us not only from a legal perspective but also from a practical one. The quality fully met our expectations.

Lieke

The consultation provided immediate clarity. The lawyer needed only half a word to create the right context. A party that delivers on what it promises on its website.

Maarten

Professional approach without unnecessarily complicated language. The discussion regarding specific non-compete clauses was handled very professionally. The final result aligns 100% with our high standards.

Priscilla

Good service and a clear working method. A perfect balance was struck between protecting our company and not scaring off customers. These documents will undoubtedly save us a lot of headaches in the future.

Mark

The consultation provided immediate clarity. The price-quality ratio was good. The service was professional and personal.

Wouter

They really thought along with our situation. The empathy and understanding of the lawyer made this a very pleasant collaboration. It is clear that they have a passion for entrepreneurship.

Karim

They acted quickly when we indicated that it was urgent. They understood that, as a startup, we have different needs than an established corporate. These documents will undoubtedly save us a lot of headaches in the future.

Nabil

I noticed how customer-oriented the initial approach was. The adjustment round also went smoothly. It is clear that they have a passion for entrepreneurship.

Michiel

Good service and a clear working method. The advice regarding the collection terms in the terms and conditions was particularly useful for our cash flow. The document was accepted flawlessly by our investors.

Amine

Our complex question was immediately reduced to the essence. The lawyer pointed out aspects we had not considered ourselves. The final result aligns 100% with our high standards.

Rim

Professional approach without unnecessarily complicated language. We were given tight deadlines that were fortunately well adhered to on both sides. Our business partners were impressed by the professionalism of the contracts.

Lars

The contact felt professional and approachable. Their proactive approach to the termination clauses saved us from future problems. Our customers are responding positively to the clear general terms and conditions.

Amani

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

Finn

The personal touch during the initial meeting was a major plus. The revisions were spot-on every time and required virtually no correction on our part. A company that delivers on what it promises on its website.

Najat

Practical advice that we could use immediately. It was nice that they didn't charge by the hour for a simple extra question. The service was professional and personal.

Frank

We had never hired a lawyer before, but this was a very pleasant first experience. They provided not only legal but also practical input. Fantastic value for money for this level of expertise.

Roy

We quickly gained a clear picture of the possibilities. The contract was formulated in such a way that both parties felt good about it. Fantastic value for money for this level of expertise.

Sara

The intake was not only informative, but we learned a lot right away. We received an excellent explanation of the implications of the applicable law in our international contracts. The service was professional and personal.

Floris

Clear agreements and a neat delivery. A perfect balance was struck between protecting our company and not deterring customers. Everything was delivered neatly and on time.

Judith

The initial meeting confirmed that we had made the right choice. Our questions were answered calmly and clearly. Fantastic value for money for this level of expertise.

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

Meet our office

In this short video, you will get an idea of ​​our working methods, our people, and the way we provide legal support to entrepreneurs.

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 good terms of delivery?

Terms of delivery must align with your sales and logistics process. A supplier of custom-made products requires different terms than a wholesaler, webshop, manufacturer, or distributor.

Choice or question Why this matters legally
Do you supply consumers or business customers? Consumer purchases, right of withdrawal, warranties, and information obligations require different provisions than B2B deliveries.
Do you supply from stock or on order? Delivery times, availability, partial deliveries, and schedule changes must align with this.
Does it concern standard products or custom work? For custom work, cancellation, returns, specifications, and acceptance are especially important.
Who handles transport? Shipment by supplier, collection by customer or carrier determines risk, costs, and proof.
When does the risk transfer? The risk may differ in the event of shipment, delivery, collection, or signing of receipt.
Would you like to use retention of title? This protects you when products have already been delivered but have not yet been fully paid for.
Are delivery times firm or indicative? Specify when delay gives rise to liability and when it does not.
Are products installed or only delivered? Installation, assembly, and delivery require additional agreements.
How are complaints treated? The inspection period, visible defects, transport damage, and repairs must be clear.
Is international delivery relevant? Incoterms, customs, taxes, export documents, and applicable law may be required.
Clauses and provisions

Which provisions belong in terms of delivery?

Good terms and conditions of delivery govern the entire process from quotation to delivery, payment, complaints, and warranty. Particular attention is required regarding the transfer of risk, retention of title, and complaint periods.

Provision Relevant to Legal point of attention
Quotation and order Acceptance of order Rules regarding the validity of quotations, order confirmation, changes, and cancellation.
Delivery time Expected or agreed delivery Distinguish between indicative and strict deadlines.
Partial deliveries Delivery in phases Specify whether partial deliveries are permitted and may be invoiced separately.
Transport and costs Shipping, pickup, or delivery Rules for shipping costs, packaging, carrier, pickup, and failed delivery.
transfer of risk Damage or loss during transport Determine when risk passes from supplier to customer.
Retention of title Delivery before full payment Stipulate that ownership transfers only after full payment.
Obligation to purchase Ordered products or custom work Rules regarding refusal, non-collection, storage costs, and chargeback.
Complaints and check-up Visible and hidden defects Establish complaint periods, investigation, and opportunity for rectification.
Warranty Products and parts Distinguish between statutory rights, manufacturer's warranty, misuse, and wear and tear.
Payment Invoice and payment arrears Rules regarding payment terms, interest, collection, suspension, and set-off.
Returns Standard products or custom work Specify when returns are possible and which exceptions apply.
Force majeur Supplier problems, transport, import or shortage Rules regarding delay, modification, or termination due to force majeure.
Liability Delay, failure or consequential damage Limit liability in accordance with order value and insurance.
International delivery Export and Incoterms Customs rules, documents, taxes, risk and applicable law.
Use in practice

How do you use delivery terms correctly?

Terms and conditions of delivery do not apply automatically. You must declare them applicable before or at the time of concluding the agreement and give the customer a reasonable opportunity to read them.

Situation What should you do? Point of attention
With quotation Clearly refer to the terms of delivery and include them or link to them. Thus, they apply from the commercial phase.
Upon order confirmation Repeat applicability, delivery time, price, and delivery method. This prevents disputes regarding agreements made.
Upon shipment Record shipment, carrier, track-and-trace, and risk. Proof of delivery is important.
For pickup Use collection slip or confirmation of receipt. This makes it clear when the risk passes.
For custom work Have specifications and the time of agreement recorded. Custom-made items often cannot simply be cancelled or returned.
In case of payment arrears Use suspension and retention of title with care. This is how you protect your position.
For business customers Expressly reject purchasing terms and conditions. Otherwise, customer terms and conditions may take precedence.
In case of complaints Apply a fixed inspection and complaint procedure. This prevents late and difficult-to-prove claims.
Common mistakes

What mistakes often go wrong with terms and conditions of delivery?

Disputes often arise upon delivery because it is unclear whether the delivery time was firm, who bore the transport risk, or whether ownership had already passed.

Wrong Consequence Better approach
Formulate delivery time as a firm guarantee Delay quickly leads to a damage claim. Make deadlines indicative unless otherwise intended.
Do not arrange risk transfer It is unclear who bears the cost of damage during transport. Concretely define the transition moment.
Do not include a retention of title clause The product has been delivered, but the customer is not paying. Use retention of title with care.
Do not reject purchasing terms Customer terms and conditions may supersede your delivery terms and conditions. Include rejection and ranking.
No need to arrange custom work separately Customer wants to cancel or return custom-made items. Record specifications, agreement, and cancellation.
Do not include a complaint period Customer only complains long after delivery. Rules regarding the duty of inspection and complaint procedure.
Formulating warranty too broadly Customer claims warranty in case of misuse or wear. Make the warranty concrete.
Transport costs and failed delivery forgotten Additional costs remain the responsibility of the supplier. Arrange for delivery, storage, and second delivery.
Risk profile

For which companies are terms of delivery important?

Terms of delivery are relevant to virtually every company that supplies products, parts, materials, or goods. The content must be tailored to the product type, customer type, and logistics.

Risk profile Example Focus in the document
Wholesale B2B deliveries and stock Partial deliveries, obligation to take delivery, payment, retention of title and complaints.
Producer Production and delivery Specifications, delivery time, materials, force majeure, warranty and liability.
Webshop Online sales Withdrawal, delivery, returns, consumer rules and payment process.
Distributor Brands and resellers Delivery times, stock, transport, exclusivity and export.
Technical supplier Parts and equipment Specifications, installation, warranty, liability and support.
Custom supplier Products to specification Agreement, cancellation, delivery time, acceptance and exclusion of returns.
Construction supplier Materials and building products On-site delivery, unloading, risk, storage and delay.
International trade Import and export Incoterms, customs, documents, taxes and transfer of risk.
Additional documents

When are delivery terms not enough?

Terms of delivery regulate standard agreements regarding delivery. Depending on your sales process, additional documents are required, such as sales terms, webshop terms, or a distribution agreement.

Situation Supplementary document Why
You sell products in general Terms of Sale Regulate quotations, payment, delivery, warranty, complaints, and liability more broadly.
You also purchase structurally Purchasing Terms Protect your position with suppliers.
You sell online to consumers Webshop Terms and Conditions Rules regarding withdrawal, return, payment, delivery, and consumer information.
You supply via resellers Distribution agreement Rules regarding exclusivity, minimum purchase volume, sales territory, and brand usage.
You supply custom-made products Production or customization agreement Document specifications, planning, acceptance, changes, and payment.
You supply and install Installation or contracting agreement Arrange for installation, delivery, additional work, safety, and warranty.
You supply internationally International sales agreement Incoterms rules, customs, currency, law and forum.
You supply software or digital access SaaS or license terms Manage usage rights, data, availability, and support.
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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