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Drafting General Terms and Conditions for Garages and Automotive Companies

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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
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  • MKBjuristen.nl partner
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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.

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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

“Disputes often arise in garages because the cause of a malfunction is not fully known in advance. Good terms and conditions distinguish between diagnosis, investigation, repair, additional work, parts, and warranty.”

  • For garages, car companies, used car companies, and workshops
  • Attention to diagnostics, repairs, vehicle inspections, parts, and warranty
  • Additional work, replacement transport, parking costs, and payment arranged
  • Limitation of liability for damage and technical defects

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About us

Our expertise in general terms and conditions for garages and automotive companies

Our lawyers and in-house counsel assist garages, car companies, used car dealerships, body shops, and workshops with terms and conditions, purchase agreements, warranty conditions, and loaner car arrangements. We handle diagnostics, repairs, vehicle inspections (APK), parts, warranty, payment, right of retention, replacement transport, complaints, and liability.

Custom work for your garage or automotive business

A repair garage, MOT station, used car dealership, body shop, or tyre service does not need the same terms and conditions. Therefore, we tailor the terms and conditions to your activities, customers, vehicles, parts, and risks.

Our facts

  • Active since 2001
  • Lawyers and in-house counsel
  • Experience in automotive, service, and sales
  • Attention to diagnosis, warranty, payment, 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 general terms and conditions for garages and automotive companies

Our lawyers and in-house counsel assist garages, car companies, used car dealerships, body shops, and workshops with terms and conditions, purchase agreements, warranty conditions, and loaner car arrangements. We handle diagnostics, repairs, vehicle inspections (APK), parts, warranty, payment, right of retention, replacement transport, complaints, and liability.

Custom work for your garage or automotive business

A repair garage, MOT station, used car dealership, body shop, or tyre service does not need the same terms and conditions. Therefore, we tailor the terms and conditions to your activities, customers, vehicles, parts, and risks.

Our facts

  • Active since 2001
  • Lawyers and in-house counsel
  • Experience in automotive, service, and sales
  • Attention to diagnosis, warranty, payment, and liability
  • Fixed rates in advance where possible

Reviews (21)

Rik

Practical advice that we could immediately put into practice. The expertise regarding e-commerce legislation was clearly the added value in this process. Our clients are responding positively to the clear general terms and conditions.

Jurre

We quickly gained the certainty we were looking for. The concept was clear and practically applicable. The service was professional and personal.

Nizar

It immediately felt like a partnership rather than a simple service. The process was entirely digital and frictionless, which saved us a lot of time. It is clear that they have a passion for entrepreneurship.

Kenza

The communication was friendly and professional. The lawyer effectively translated our situation into the document. Everything was delivered neatly and on time.

Boaz

We didn't know exactly which document we needed, but received sound advice immediately. It was a relief that our emails were often answered comprehensively within just a few hours. Our business partners were impressed by the professionalism of the contracts.

Chantal

Clear agreements and a neat delivery. Ample time was taken to discuss the various options and their implications. The document was accepted flawlessly by our investors.

Richard

Our company's specific needs were listened to carefully beforehand. Despite the tight deadline, there was no compromise on thoroughness and quality. These documents will undoubtedly save us a lot of headaches in the future.

Ilse

The clear start gave us a lot of confidence for the rest of the process. We were also able to ask questions after receiving the document. The document was accepted flawlessly by our investors.

Sandra

We quickly gained a clear picture of the possibilities. The final document looked professional. The end result aligns 100% with our high standards.

Maud

Excellent communication and a carefully drafted document. We were given tight deadlines that were fortunately met well by both sides. The final result aligns 100% with our high standards.

Mick

No time was wasted on unnecessary formalities. The continuous thinking from the entrepreneur's perspective was a breath of fresh air. Everything was delivered neatly and on time.

Bert

Smooth communication and a clear proposal in the mailbox immediately. We greatly appreciated the pragmatic approach to resolving the bottlenecks. Our customers respond positively to the clear general terms and conditions.

Manon

They really thought along with our situation. It was nice that they didn't charge by the hour for a simple extra question. Our customers respond positively to the clear general terms and conditions.

Mina

The lawyer got straight to the heart of the matter. The documents are written in such a way that they grow with the future of our company. Everything was delivered neatly and on time.

Ziad

We immediately got the right expert on the line for our specific problem. The lawyer was not afraid to be critical of our own initial plans, which saved us from mistakes. The service was professional and personal.

Mariska

Our questions were taken seriously. The document was essentially ready for use after the first round of corrections. The quality fully met our expectations.

Khalid

The initial sketch of the approach aligned seamlessly with what we had in mind. Despite the tight deadline, there was no compromise on care and quality. The final result fully meets our high standards.

Henk

I was struck by how customer-oriented the initial approach was. It was very pleasant that we could review the drafts digitally and quickly. Our business partners were impressed by the professionalism of the contracts.

Fleur

Very clear and professional guidance. The clarity of the penalty clauses leaves no room for interpretation. Our business partners were impressed by the professionalism of the contracts.

Pepijn

I received a call back within half an hour of my online request. The transparency during the writing process provided a great deal of peace of mind and clarity. These documents will undoubtedly save us a lot of headaches in the future.

Rayane

I am extremely pleased with the quick and adequate initial response. It is great that complex legal theories were explained with simple practical examples. 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.

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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
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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.

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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
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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?

No two car companies are alike. The following choices determine which provisions you include and how strict or broad you formulate them.

Choice or question Why this matters legally
Do you supply to consumers or business customers? Mandatory protection rules apply to consumers; certain exclusions are therefore not permitted and may be voidable.
Do you also sell vehicles, or do you only do repair and maintenance? Sales require provisions regarding conformity, warranty, and potential trade-in; repairs primarily require arrangements for additional work and retention.
Do you work with fixed prices or with an hourly rate and parts? In post-calculation, clear agreements regarding additional work and agreement above a certain amount are essential to prevent disputes.
Do you park vehicles or leave them with you? In that case, agreements regarding risk, insurance, storage costs, and uncollected vehicles are important.
Do you process customers' personal data? The rules of the GDPR apply to your customer records and license plate data; refer to your privacy statement.
Clauses and provisions

Which elements belong in the general terms and conditions for a garage and car company?

Good terms and conditions for a garage or car company cover the entire process: from the order and quotation to delivery, warranty, and payment. The components below form the basis. Exactly which ones you need depends on your activities (repair, maintenance, sales, MOT, bodywork repair).

Provision Relevant to Legal point of attention
Assignment and quotation Always How an assignment is established and how long a quotation is valid, with room for additional work.
Additional work and quotation For repair and maintenance Stipulate that you will contact us first if an agreed amount is exceeded, so that you can pass on unexpected costs.
Warranty on labor and parts Always Term and scope of the warranty on your labor and supplied parts, and what is excluded (wear and tear, misuse).
Right of retention Always The right to retain possession of the vehicle until the full bill is paid.
Liability Always Limitation of your liability for damage to or caused by the vehicle, within the limits of the law.
Payment and default Always Payment term, consequences of late payment, interest and collection costs.
Storage costs and unclaimed vehicles For repair and storage What you charge if a customer fails to pick up the vehicle or picks it up late, and when you may proceed to the sale.
Sale of vehicles At car sales Regulations regarding purchase, conformity, and warranty upon the sale of a (used) vehicle.
Use in practice

How do you use this document correctly?

General terms and conditions are only effective if the customer could reasonably have known them before the agreement was concluded. Therefore, use the terms consistently throughout your entire work process.

Situation What should you do? Point of attention
Before closing the assignment Hand over or refer to the terms and conditions and give the customer the opportunity to read them. Only conditions provided in a timely manner apply; otherwise, they are voidable.
Upon order confirmation Clearly refer to your general terms and conditions on the slip or work order. This is how you record that the customer has agreed to the terms and conditions.
For additional work Please contact us and confirm the additional costs before proceeding. Prevents disputes and ensures that you can actually pass on the additional costs.
Upon payment and delivery Apply the payment and guarantee scheme as stated in the terms and conditions. Maintain a strong position in the event of future complaints or payment disputes.
Common mistakes

Common mistakes

In practice, these errors cause terms and conditions to be ineffective or, conversely, leave you liable. Avoid them with a correctly drafted and properly used document.

Wrong Consequence Better approach
Mention conditions only on the invoice Delivered too late, therefore voidable and not applicable. Provide or refer to the terms and conditions before the contract is concluded.
Using a generic model of the internet Provisions that do not fit your work or that contravene mandatory law. Have custom terms and conditions drawn up for your garage or automotive business.
Performing additional work without approval The customer disputes the additional costs, and you end up paying for them. Establish an overtime policy and request prior approval for amounts exceeding a certain figure.
Allow unlimited liability In the event of damage, you are liable for the full amount. Include a reasonable limitation of liability within the statutory limits.
Ignoring consumer rules Voidable clauses and possible fines or reputational damage. Align the terms and conditions with consumer law where you supply to private individuals.
Risk profile

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

Depending on your type of business, the risks differ. Recognize your situation and pay attention to the associated points of attention.

Risk profile Example Focus in the document
Repair and maintenance company You work on customer vehicles on an hourly basis with parts. Overtime regulations, guarantee of work, and right of retention.
Sale of used cars You sell vehicles to private individuals or companies. Conformity, warranty, and clear agreements regarding the condition of the vehicle.
Damage repair and insurance work You work frequently through insurers and loaner cars. Agreements with the client, loaner car terms and conditions, and liability.
Parking and vehicles left open for extended periods Vehicles will remain with you longer. Storage costs, risk and insurance allocation, and arrangements for uncollected vehicles.
Additional documents

When is this document not enough?

General terms and conditions govern your relationship with the customer, but not every situation. In the following cases, you require additional documents or support.

Situation Supplementary document Why
Situation Related document Explanation
Another company processes your customer data (for example, a software supplier) Data Processing Agreement For GDPR-compliant agreements regarding the processing of personal data by third parties.
You work structurally with another company or partner Cooperation Agreement For agreements regarding tasks, costs, and revenues in a standing collaboration.
A customer does not pay despite reminders Debt collection For the actual collection of outstanding invoices via a legal debt collection procedure.
Explanation of this document

Drafting General Terms and Conditions for Garages and Car Companies: why?

Not every entrepreneur knows exactly what general terms and conditions for garages and automotive businesses are, when you need them, and which risks they must cover. That is why we explain below what this document entails, what you should look out for, and why customized legal frameworks are important.

What are the general terms and conditions for a garage or car company?
General Terms and Conditions for a garage or automotive company are the standard clauses applied by a garage, car dealer, MOT testing station, body repair shop, or car trader in all agreements with its customers: repair and maintenance, MOT inspections, damage repair, the sale of new and used vehicles, the purchase of exchange vehicles, and the rental of replacement transport. They regulate matters not exhaustively listed on the work order or purchase agreement: liability for repair errors and damage to vehicles on the premises, cost estimates and additional or reduced work, pick-up and collection periods, payment arrangements and the right of retention on the vehicle, the warranty on work performed and installed parts, and the applicability of BOVAG conditions or own industry-specific clauses. The automotive industry has its own sector-specific risks — RDW obligations, BPM regulations regarding purchase and sale, and dealer license plates — which must be addressed in well-drafted General Terms and Conditions. Our legal experts draft general terms and conditions for garages and automotive companies that correctly limit liability for repair errors and storage damage, properly establish the right of retention on the vehicle, watertight record cost estimates and additional work, and formulate the warranty on workmanship and parts in accordance with BOVAG standards.
How do you handle liability for repair errors and damage to vehicles on your premises?
Garages and automotive companies face two types of liability situations, each requiring a distinct approach. The first is repair error: a garage that incorrectly installs a brake, introduces an electrical fault, or overlooks a fluid leak is liable for the damage resulting directly from that error. Your General Terms and Conditions must limit liability for repair errors to the costs of repairing the error itself and direct consequential damages — replacement transport costs for the period of the corrective repair. Indirect consequential damages — loss of income for the customer who needed their car for work, business damage due to the downtime of a company vehicle — are expressly excluded for business customers. The maximum amount is limited to the value of the vehicle at the time of the repair or the payout under the liability insurance. The second is storage damage: damage to vehicles parked on the premises or in the workshop while the garage is not working on them. Pursuant to Article 7:602 of the Dutch Civil Code, a custodian has a duty of care — the garage, as the actual custodian, is liable for theft or damage to the vehicle unless it demonstrates that it has not failed in its duty of care. Your General Terms and Conditions must correctly stipulate the duty of care and the exclusion of liability in the event of force majeure — hail, flooding, burglary despite a proper lock — as well as the customer's obligation to collect the vehicle in a timely manner after notification of readiness. Our legal experts formulate a liability structure that aligns with your business liability insurance.
How do you correctly establish the right of retention on the vehicle?
The right of retention is the most effective collection instrument for garages and automotive companies: the right to retain the customer's vehicle until the customer has paid their bill. Pursuant to Article 3:290 of the Dutch Civil Code, a creditor who holds possession of an item and has an enforceable claim against the owner of that item has the right to retain that item until their claim has been satisfied. For garages, this means that as long as the invoice for the repair or maintenance remains unpaid, the vehicle does not have to be returned. The right of retention also gives the garage a preferential position in the event of the customer's bankruptcy: the garage may seize the vehicle if the claim is not satisfied. However, the right of retention is only effective if it is explicitly and in writing stipulated in your General Terms and Conditions — an implicit right of retention is legally vulnerable. Your General Terms and Conditions must also specify the procedure: the customer is given written notice of default for payment; in the event of non-payment within an agreed period, the garage has the right to sell the vehicle to recover the claim. Particular point of attention: the garage may not sell the vehicle without judicial intervention unless that authority is expressly included in the General Terms and Conditions and the customer has given consent. Our legal experts draft an enforceable right of retention and execution clause.
How do you handle cost estimates and additional work for repairs?
One of the most common disputes in the automotive industry concerns a final bill that turns out to be higher than the stated cost estimate. Your General Terms and Conditions must explicitly stipulate the relationship between the cost estimate and the final price . The cost estimate is an indication based on the information known at the time — opening the engine or dismantling a part may reveal additional defects that cause extra costs. Pursuant to Article 7:752 of the Dutch Civil Code, the contractor may not surprise the customer in the event of an overrun of more than ten percent of the cost estimate: he must inform the customer in a timely manner and give them the opportunity to terminate the contract. Your General Terms and Conditions must stipulate the procedure for cost overruns: in the event of an expected overrun of more than an agreed percentage — usually ten percent — the garage contacts the customer before incurring the additional costs. The customer decides whether to agree. If agreement is given by telephone, this is recorded on the work order with the date and time. Our legal experts formulate an additional work policy that prevents disputes regarding the final bill.
How do you arrange the warranty on workmanship and installed parts?
The warranty on work performed is an important selection criterion for customers and a differentiating service feature for garages. Your General Terms and Conditions must specify the warranty by category. For labor: a warranty on the work performed of typically three to six months — for BOVAG-affiliated companies, the BOVAG warranty applies as the minimum standard. For parts: the manufacturer's warranty from the supplier of the part, with onward delivery to the customer. For used or second-hand parts: a more limited warranty or a 'buy-as-you-see' clause, provided the customer has expressly opted for this. Particular point of attention: the statutory obligation of conformity under Article 7:17 of the Dutch Civil Code also applies to repair work. If a repair is not carried out in accordance with the agreement, the customer is entitled to rectification — the garage cannot contractually limit this right to less than the statutory minimum period for consumer clients. Your General Terms and Conditions must also specify the warranty claims procedure: how does the customer report a warranty claim, within what timeframe is it assessed, and when is the repair scheduled? Our legal experts formulate a warranty clause that is in line with market standards and legally correct.
How do you regulate the sale of used vehicles in your general terms and conditions?
The sale of used vehicles requires a dedicated section in a car dealership's General Terms and Conditions. When selling a used vehicle to a consumer, the statutory obligation of conformity under Article 7:17 of the Dutch Civil Code applies: the vehicle must meet the characteristics that the consumer could reasonably expect — a functioning vehicle that can be driven safely, in accordance with the description and the condition shown during the inspection. Your General Terms and Conditions must record the condition of the vehicle at the time of sale as concretely as possible: mileage, NAP certificate, known defects, MOT validity period, and existing damage. An explicit " if-is" clause — the buyer accepts the vehicle in the condition in which it is at the time of sale — excludes liability for visible defects for business buyers but has a more limited effect for consumers. The RDW transfer scheme — notification of the license plate change to the RDW — must be addressed in the General Terms and Conditions: which party is responsible for timely notification, and what are the consequences of late notification for liability in the event of damage occurring after the actual transfer? Our legal experts draft a sales clause that aligns with RDW obligations and statutory conformity rules.
How does it work at MKBjuristen?
After a brief intake regarding your type of business — repair shop, dealer, body shop, car trader, or a combination — your customer profile, and your BOVAG affiliation, our legal experts draft general terms and conditions for your garage or automotive business that correctly limit liability for repair errors and storage damage, properly establish the right of retention on the vehicle, watertight record cost estimates and additional work, formulate the warranty on workmanship and parts in accordance with industry standards, and address the sale of used vehicles in accordance with RDW regulations. Do you already have general terms and conditions? If so, we check them for completeness, compliance with current BOVAG standards, and legal validity for consumer customers.
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 garage or automotive business activity

Not every car company faces the same risks. Therefore, we do not make terms and conditions generic, but tailored to repair, maintenance, MOT testing, sales, damage repair, or replacement transport.

Maintenance & repair

Attention to work order, diagnosis, additional work, parts, warranty, and payment.

MOT & inspection

Attention to inspection scope, advisory points, follow-up assignment, and liability.

Used car sales

Attention to test drive, trade-in, warranty, delivery, payment, and defects.

Damage repair

Attention to expertise, insurance, parts, planning, color difference, and delivery.

Tire service

Attention to assembly, storage, wear, balancing, damage, and warranty.

Replacement transport

Attention to usage, fines, fuel, damage, deductible, and returns.


General terms and conditions for garages and automotive companies must follow workshop practice. Therefore, we look at diagnosis, repair, parts, additional work, warranty, payment, storage costs, and liability.

Common mistakes in garage and car company terms and conditions

Things often go wrong at garages because diagnosis, repair, additional work, and warranty are not properly distinguished from one another.

  • Do not arrange diagnostic costs and examination in advance
  • Failure to have additional work and extra parts approved in writing
  • Warranty formulated too broadly for wear and tear or external causes
  • Do not mention used or aftermarket parts
  • Providing replacement transport without clear conditions
  • Do not arrange right of retention, payment, and delivery of vehicle
  • Confusing APK, inspection, and full technical check
  • Do not record storage costs and non-collection of vehicles

Draft general terms and conditions for your garage or car company properly and prevent unnecessary problems in the future. Good terms and conditions prevent disputes regarding diagnosis, repairs, parts, warranty, payment, and liability.

Are general terms and conditions mandatory for a garage?

No, but they are highly recommended because they record agreements regarding diagnosis, repair, parts, payment, warranty, and liability.

Am I allowed to charge diagnostic costs?

Yes, if this has been clearly agreed upon in advance or follows from the assignment. Therefore, explicitly record research costs.

Do I need to have additional work approved?

Yes, that is sensible. Additional repairs or parts must be demonstrably confirmed.

What is covered under warranty after repair?

That depends on the agreements. Distinguish between labor, parts, wear and tear, misuse, and other causes.

Can MKB Juristen review existing terms and conditions for my garage?

Yes. We check, among other things, the work order, diagnosis, additional work, parts, warranty, payment, replacement transport, 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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