General Terms and Conditions (GTC), Terms and Conditions of Purchase, Terms of Delivery

The use of pre-formulated contractual terms and conditions for the purchase of goods or services, but above all for the delivery of products and the provision of services, is standard nowadays. General terms and conditions that are well formulated and in line with current legislation and case law are a sign of quality in a company's public image.

However, general terms and conditions are also urgently needed to protect the interests of the user: For example, contrary to popular opinion, essential debt securities (such as the retention of title and even more so the extended retention of title) do not arise from the law, but must be contractually agreed - usually in general terms and conditions. Companies that waive the use of delivery conditions bear the warranty risk for the delivered products for the entire statutory period of two years, while the warranty period can be limited to one year in general terms and conditions for deliveries to customers who are also entrepreneurs.

Other key elements of agreements in general terms and conditions (prohibition of set-off in the event of disputed facts, choice of law, jurisdiction clause) protect companies from loss of receivables or lengthy legal disputes.

VOELKER advises companies on the drafting of both terms and conditions of purchase and delivery and drafts tailor-made framework agreements for them to use with their suppliers and customers.