Contracts & Procedural Law

JURISDICTION

Contracts & Procedural Law

Record agreements well!

In order to avoid unnecessary discussions afterwards as much as possible and to safeguard your rights in the event of proceedings, precise written agreements are essential.

Our lawyers can help you to draw up watertight agreements. Also, they will advise you during (contract) negotiations with counterparties to ensure that your legal position is optimal.

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General terms and conditions

Entrepreneurs regularly use general terms and conditions. These usually contain provisions on (for example) guarantees, liability and termination of the agreement. General terms and conditions may also include a choice of forum clause which opts for a certain type of dispute resolution.

However, entrepreneurs do not always use their general terms and conditions correctly. After all, you should not only declare your general terms and conditions applicable, you must also give your contractual counterparty a reasonable opportunity to take note of them. Has that not happened? Then it is possible that your contractual counterparty can annul the general terms and conditions so that they do not apply (anymore) to the agreement. This may have all kinds of possible adverse consequences for you.

Do you regularly use general terms and conditions? Our lawyers will be happy to check whether your general terms and conditions are still up to date and whether they have been correctly declared applicable to your agreements.

Disputes, advice and litigation

As an entrepreneur, you may be faced with all kinds of situations: a discussion about a contract with (for example) suppliers or customers, a disagreement with shareholders or liability claims. You may also be confronted with parties who hold you personally liable, or with counterparties who behave so improperly that you want to hold the director of a company personally liable.

Our litigation lawyers are often called in to handle an impending dispute. As your sparring partner, they can help you with the strategy and, if necessary, compile a file, in case things unexpectedly go wrong later on. If a discussion gets out of hand, our lawyers will take measures, such as levying (prejudgment) attachment or instituting court proceedings, including preliminary relief proceedings.

Want to know what we can do for you? Contact one of our specialists. We will be happy to assist you in disputes or conduct your defence.

Attachment

Do you have a claim against one of your customers, but it remains unpaid despite several reminders? If so, it may be appropriate to take prejudgment measures and to attach your debtor’s bank account, for example. In that case, the amount attached will be retained until the court has ruled on the validity of the claim in question. Thus ensuring the recoverability of your claims. In short, this way you can be sure that if you win a case, you will also be paid.

Contact

TEN has a team of litigation lawyers with extensive experience in conducting proceedings before various bodies. Thanks to our extensive experience, our lawyers can advise, guide and assist you in all aspects of contract and procedural law.

Want to know more? Do not hesitate to contact one of our litigation lawyers.

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