When purchasing services, your providers will each apply their own general terms and conditions. This may become confusing, since these terms and conditions are rarely the same. Consequently, businesses are increasingly deciding to work with purchasing conditions that apply equally to all providers.
You may be tempted to draft purchasing conditions in which you have the strongest possible position (paying only if you are satisfied, provider is liable for everything, all rights accrue to you, and so on and so forth), but what provider would agree with these?
Good purchasing conditions seek to balance the interests of both parties. This has to be done while taking the different types of ICT services into account – a webhoster pursues different interests than a graphic designer
Furthermore, it is important to explicitly agree which party’s purchasing conditions apply. Conditions of purchase and sale often both contain standard clauses that preclude the applicability of other party’s conditions. This type of conflict – “the battle of forms” – can create uncertainty, especially when a dispute goes to court. Do you need (new) purchasing conditions or do you need advice on this subject? Legal ICT would be pleased to help.
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Our IT Lawyers specialise in recognising legal risks and can help your organisation to comply with applicable laws and regulations.
A clear contract is a prerequisite for all IT projects.
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