Draw up general terms and conditions via MODINT Credit & Finance

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Algemene voorwaarden

Before or when concluding purchase agreements, it is crucial to record the applicable agreements in general delivery, sales and payment conditions. These general terms and conditions, in addition to core agreements such as the price, are part of the total package of sales agreements. Good general terms and conditions give you protection and create clarity for all parties.

The importance of good general terms and conditions

Good general terms and conditions can also prevent many payment problems. For example, the provisions relating to payment ensure that it is clear how invoices are issued, what payment term is used and in what way payment must be made. And whether you can deviate from this during the execution of the contract. With these clear payment agreements, the chance of unpaid invoices is much smaller.

In addition, general terms and conditions usually include provisions on guarantees, retention of title and how customers can lodge complaints. These provisions help to avoid discussions and legal conflicts with customers.

General terms and conditions are important to:

  • Lay down your customers’ rights and obligations;
  • Exclude and limit your liability;
  • Eliminate the need to agree on most agreements separately;
  • Prevent your customers and/or clients from demanding things you cannot or will not fulfil.

This is how we work when drawing up general terms and conditions

We have a tailor-made, client-specific approach for drawing up (international) general terms and conditions specialised for your sector. And if, for example, you are using sector conditions, but you want to deviate from them on certain points, we can help you further. Often you already use general conditions, but they are outdated or you have drafted them yourself using examples found in the market. The question is whether you have the right conditions to do business in a fully protected way. We would like to help you. Below is how we go about this.

Creditmanagement for fashion, sports, shoes, textiles, home & living

Questionnaire

You will receive a questionnaire from us. It contains a number of specific issues and asks you how you deal with them or wish to deal with them. When we receive the completed questionnaire, we will study it, as well as your website and your products. Subsequently, an intake interview will take place.

Intake

During an intake, we look at the characteristics of your company, your products (and/or services), your customers, the countries in which you do business, etc. And we look at what wishes and requirements you have. During the intake we discuss the following subjects, among others:

  • Delivery conditions (Incoterms) and deadlines;
  • The right form of retention of title (international);
  • Claims possibilities (disputes);
  • Changes in creditworthiness;
  • Cancellations;
  • Warranty;
  • Product liability
  • Force majeure

Non-binding proposal

On the basis of the intake, we will provide you with a proposal without obligation for drawing up your general terms and conditions, including translations and harmonisation with, for example, local legislation in force.

Tailor made concept

When you accept this proposal, we will prepare a draft of the general terms and conditions, which we will discuss with you.

Delivery of complete set of general terms and conditions

After this discussion, we will finalise the terms and conditions, translate them into the required languages and adapt them to the local legislation in force.

Free extra services and aftercare

In addition to a set of general terms and conditions, you will receive an explanation and instruction on the application of general terms and conditions in your sales funnel and commercial papers. It is of course important that you know how to use these general terms and conditions in order for them to be applicable and which other matters you should pay attention to when using your general terms and conditions.

Aftercare means that in case of future disputes or when you need advice in connection with your general terms and conditions, you can always contact us for a free treatment of your issue. We will also help you free of charge when adapting your general terms and conditions as a result of minor future changes in your business operations.

What can you expect from us

  • Tailor made for maximum protection of your business
  • Alignment with obligations to third parties (e.g. a credit insurance policy and a factoring contract)
  • Personalised drafting by a lawyer specialised in contract law
  • Efficient intake, by e-mail or telephone
  • We agree on a fixed price. Request a quotation without obligation via the contact form, by telephone, email, WhatsApp or chat.
  • Delivery usually within 5 days
  • Including extensive explanation and instruction
  • Including advice / aftercare
  • Pay afterwards

MODINT Terms and Conditions

In the fashion, interior, carpet and textile industry, the MODINT Terms and Conditions are a concept.

The MODINT Terms and Conditions, which have been coordinated with Mitex and the retail service organisations Intres and Euretco, enjoy the widest possible acceptance in the market and therefore offer the best basis for doing business in the entire textile and clothing sector. The MODINT Terms and Conditions meet the need for a balanced distribution of risks between supplier and customer and offer you, as a supplier, the necessary flexibility.

The MODINT Terms and Conditions promote clarity, trade efficiency and the legal certainty of buyers and sellers.

General conditions of purchase (your suppliers)

Before outsourcing your production, it is good to realise that the manufacture of clothing is subject to an enormous amount of legislation, technical requirements and standardisation in various countries where your products are destined. Moreover, sustainability (corporate responsibility and sustainability) is playing an increasingly important role.

Modint, the entrepreneurial organisation, is the global authority when it comes to safety & compliance, sustainability and quality management. They also know everything about sourcing, trade policy issues and customs matters.

One of the important parts of buying & production manual management, are the applicable conditions. Not only the technical specs and safety, compliance and quality management issues, but also your legal position in this respect. And in relation to other important issues, you need to limit your rights and liabilities as much as possible.

We would be pleased to help you, together with Modint, to draw up the best possible terms and conditions.

Purchase conditions (your customers)

Large(er) customers often demand that you accept their purchasing conditions. Not only does any credit insurer not agree to this in principle, but you often undermine your own legal position and agree to all kinds of obligations that are more difficult to comply with and which are also subject to all kinds of penalty clauses. Moreover, it happens regularly that a buyer with purchase conditions can unilaterally change the order completely until shortly before delivery (thus also: cancel it). Before you agree to this, it is a good idea to have these purchasing conditions checked by us. We will then let you know exactly where your risks lie. And whether the conditions will eventually be accepted by a credit insurer. We charge a low fixed price for this.

Quickscan

Do you use general terms and conditions? Then keep in mind that general terms and conditions quickly become outdated. Nothing is as changeable as legislation, and there are probably changes within your company as well. That is why it is important to update your general terms and conditions regularly. That way, risks are limited.

Are you curious whether your current set of general terms and conditions still suits your business operations and whether they are still in line with the latest legislation? Have your general terms and conditions assessed and do the quickscan.

Quick Scan General Terms and Conditions

Send us your general terms and conditions. Within 5 days you will receive an analysis of your terms and conditions. We will let you know which provisions are no longer up to date and what risks you are running with your current set of general terms and conditions.

Does the quick scan show that a number of provisions are outdated or that important provisions are missing? Then we can adjust or draw up these provisions for you. We will then ensure that your general terms and conditions are fully in line with your business operations again.

When is a quick scan necessary?

  • Are your general terms and conditions older than 3 years?
  • Is the agreed delivery period not fatal?
  • Can you suspend deliveries under certain circumstances?
  • Do you have the possibility of dissolving orders in the interim?
  • Have you described force majeure (in the right way)?
  • Do your general terms and conditions stipulate that purchase conditions are excluded?
  • Cross-border: do your general terms and conditions stipulate that the Dutch court has jurisdiction?
  • Do you use the right retention of title, also per country?

Do you want to know more about drawing up good general terms and conditions or do you need legal advice in another way? Click on one of the buttons below or call: +31 (0)88-505 4700.

Do you want to know more about drawing up good general terms and conditions? Request a free quote.

Do you have any questions? Get tailor-made advice from our specialists! Fill in your details and we will contact you.

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