The business-to-business sector is a major and large industry. Almost a fifth of all companies delivers business services. In this broad field there are many legal issues about such matters as the (distribution of) risks, recording agreements in contracts, protection of intellectual property and the settlement of conflicts. All this is set against the background of constantly changing rules, with or without a European origin. It is therefore not surprising that many entrepreneurs sometimes do not see the wood for the trees anymore.
We do not only provide you with immediate advice in this regard but we also take a constructive approach and anticipate on a strategic level. We do this in the field of contract law, liability law, intellectual property law, computer law (ICT), procurement law and privacy. Disputes are resolved practically and amicably to the greatest extent possible, but if necessary we will seek justice for you before the court or arbitrator. Whatever path you wish to take, we are happy to advise and assist you.
For questions about this sector please contact Wietze Kastelein.
General terms and conditions logically apply if the parties have reached agreement about this. Usually the mutual agreement refers to certain general conditions. Sometimes it happens that both parties refer to their own terms and conditions, and as a consequence, the first–presented set of terms and conditions takes precedence. An exception is when the party with the later set of terms and conditions explicitly rejects the first terms and conditions. Another problem is that general terms and conditions should not only be declared applicable, but must also be provided to the other party prior to or upon the conclusion of the contract. A simple reference to the trade register or the website is usually not sufficient, but European rules also lead to more and more exceptions to this rule. It is useful to seek advice from a Dorhout lawyer to check the validity and the contents of general terms and conditions when a contract is concluded or a quotation is formulated.
There is no definite answer to this question. Sometimes the threat of legal proceedings is enough to have your way, but sometimes the other party digs in its heels and if that happens it becomes more expensive. When it comes to litigation in a civil court, each party pays a so-called court registry fee (see: www.rechtspraak.nl).
In addition, you must pay the costs of your lawyer yourself. The longer the lawyer is working on the case, the more expensive it becomes. Although, in normal cases in civil court proceedings the loser must reimburse the costs of the proceedings to the winner, the court invariably will assesses the costs much lower than the costs actually incurred. In intellectual property cases, the winner may indeed, in principle recover is full attorney’s fees from the loser of the case.