What does a sales contract regulate?
Sales contracts usually include agreements on prices (and revisions), delivery times, exclusivity, incoterms, shortcomings, warranties, quality, liability and product specifications. In addition to the commercial aspects, the legal aspects are therefore important in a sales contract. With a feeling for commercial relationships and a no-nonsense approach, we provide a tailor-made sales contract. In doing so, we use our sales contract model, so that the costs for you remain limited. Contact us for advice and support with your sales contract. Below you will find tips for a sales contract.
Tips for a sales contract
You agree a sales contract for the sale of your products or services. First of all, you must realise that a sales contract with consumers entails different legal rules than a B2B sales contract.
For certain sales contracts (special agreements) such as an agency contract and a contract for the right of superficies, extra rules have been drawn up by the legislator (in addition to the general rules that apply to all agreements). In addition, distance selling (via web shop or internet) is subject to a different legal framework. Your website, general terms and conditions and sales contracts must be geared to these regulations. When choosing the type of sales contract and drawing it up, you must take this legal framework into account. If you do business internationally, you should pay particular attention to the choice of law and forum in a sales contract. You should make a well-considered choice about the competent court and the applicable law. After all, the obligations arising from an international sales contract must also be enforceable abroad. On the other hand, litigation abroad on a sales contract can be relatively expensive and can create legal uncertainty.
Framework agreement
In the case of repetitive sales, a selling party often opts for a so-called framework agreement, a sales contract under which a regular customer (and its affiliates) can always call for products or services via separate orders. The conditions of such a (framework) sales contract are then always applicable to underlying sales orders.
General terms and conditions
In the case of occasional sales, it is often sufficient to declare general terms and conditions (by means of offers or order confirmations) applicable. It is important that you declare your general terms and conditions applicable in a proper manner. More information about this can be found here.