What should be included in general terms and conditions?
When you’re putting together General Terms and Conditions it’s important to keep your business needs in mind. The purpose of the general terms and conditions is to reduce your risk as much as possible. While there are lots of terms you can include, consider some of the following:
- Are there going to be consequences for late payment or nonpayment?
- What happens if you’re late delivering product or services?
- What happens if a customer/client is dissatisfied?
- Can refunds be requested? Under what circumstances?
- Is it possible to renegotiate elements of the contract?
- If the contract is broken, what actions will be taken?
These are a good place to start, but it’s important to remember that there are limits to what you can include. Depending on your business needs, local laws, or the local laws of your business partner, certain provisions aren’t allowed. Some might even classify as ‘unreasonable’ and will not be recognised by a court in case of a dispute. This is especially true if your process includes consumers, as there are more consumer protections in EU countries than in the US.
What Kind of Judicial Processes?
If the out-of-court process doesn’t work, there are several legal procedure options. For example, in The Netherlands a bankruptcy petition can be filed on behalf of your debtor to put pressure on them. These petitions are often dealt with by the court within four weeks. In contrast, a simple summons procedure in the Netherlands can take approximately six months to a year. The time-period and circumstances vary by country.
In Which Country Do You Start the Procedure?
Some legal systems work more quickly than others. In some countries, legal proceedings are relatively quick and in others it may take much longer. This is where international legal advice can help you choose the best court jurisdiction or legal avenue for your situation.
Court Schedule
Before your case can be heard, you must schedule a time for your court session. There are numerous people involved in a case including judges, employees of the court and employees from the two parties. Because of the amount of people that need to be available, it can take while before a court date is set.
Complexity of the Case
If a case is complicated it may take much longer than a simple one. This can happen if it takes more time to provide or review evidence, or expert examinations must take place. This mainly happens during disputed cases.
Is This a Case of Appeal?
After legal proceedings, appeals can be filed. If either party disagrees with the outcome in a trial-level or lower court can ask to have the decision reviewed. An appellate court – one that hears, and reviews appeals – will go over the evidence and findings from the case and determine if there is enough evidence to support the judgment. This process can make a case last much longer.
More Information on the Judicial Debt Collection Process
Do you have questions, or want to start legal proceedings against your debtor? Contact us! Our debt collection lawyers are efficient, experienced and ready to help you get paid.