Service
What about your
‘T & C’?
The importance of terms and conditions is often underestimated - writing the two words in full is sometimes even too much. “Who reads them at all?”, ‘We don't even know what's in them ourselves’, ‘We rarely fall back on them’ and ‘Why would we want to put general terms and conditions forward if the cooperation with this customer or supplier is going well?’ are arguments heard with some regularity.
Why general terms and conditions?
General terms and conditions clearly set out mutual rights and obligations. If products or services are offered or purchased, basic agreements about delivery, transfer of risk and ownership, payment terms and guarantees, among other things, are important. By making these rules known in advance and discussable (at the quotation stage), many later problems can be avoided.
Why a specific IP clause?
Clear agreements about mutual rights and obligations are also important where IP rights are concerned. Who must take action or is liable if a product or service turns out to infringe on the rights of third parties, who has or acquires the rights to the developed product or the method, to whom do the drawings belong, to what extent does the permitted use extend and who is allowed to change them later?
Experience shows that common general industry conditions for the basic agreements on payment and delivery are often sufficient, but that IP clauses are sometimes missing or not properly tailored to the specific situation. It is precisely these IP clauses that are not usually included in a quotation.
Four basic rules
1. Always send your terms and conditions with your quotations.
A website reference is very often not enough.
2. Even though they are often not read, general terms and conditions must be agreed upon.
Make sure your quotation states that your terms and conditions apply and that your customer signs for their applicability and receipt.
3. If you receive purchasing terms and conditions, read them carefully.
If they differ from your own terms and conditions, respond. If you do not, the terms and conditions sent first apply.
4. Force yourself to regularly go through your terms and conditions yourself and assess whether everything is still appropriate to your business.
For example, if you have started offering services in addition to selling your product, or if you have started delivering from a new foreign branch, it may well be that some provisions need to be adjusted. New laws and regulations may of course also require adjustment. Partly for this reason, it pays to have your terms and conditions reviewed by a lawyer every few years as well.
On all of these issues, the lawyers at V.O. are pleased to help you.
Poll
Wat verwacht u van een goede octrooigemachtigde?
Een octrooigemachtigde:
1. Doet een octrooiaanvraag en zorgt dat ik het octrooi krijg
25%
2. Adviseert mij over het volledige scala van mijn IE-mogelijkheden
25%
3. Ontzorgt mij volledig en behartigt mijn IE-belangen
25%
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