Under Dutch law, the entrepreneur can limit or effectively exclude his liability in the General Terms and Conditions for indirect damage (consequential damage). However, such a limitation of liability under Dutch law is not possible under all legal systems. The background to this is that liability for compliance with the so-called essential contractual obligations cannot be excluded by General Terms and Conditions.
General terms and conditions
Not in all circumstances a limitation of liability under Dutch law is therefore valid. This gives rise to the following practical problem: if another legal system is applicable, the seller invokes the limitation of liability for consequential damages in his Dutch General Terms and Conditions, but the customer invokes the other legal system to prove that the supplier has breached an essential contractual obligation, it is possible that the supplier’s limitation of liability is invalid, with the consequence that the supplier is liable in accordance with the statutory provisions and is therefore fully liable.
Battle of forms
In order to prevent liability risks such as these (but also in the event of a battle of forms) and to ensure that your general terms and conditions can be used for both the Dutch and other markets, the attorneys of MAAK Advocaten in the Netherlands will be happy to help you and support you in all matters concerning general terms and conditions under both English, German and Dutch law.
Dutch business attorneys in the Netherlands
Are you considering a commercial partnership with a Dutch business partner and do you need the expertise of a Dutch contract attorney to assess the legal aspects of such a cross-border agreement? Our Dutch business attorneys in the Netherlands will be happy to help you conquer the Dutch market.