Posted in Contract Law

‘Sorry, degene die heeft getekend was niet bevoegd’ – Wat doe je dan?

Netherlands: how often have you had a contract coutnersigned by someone and later realised/acknowledged that this person had no representation power?

Never to me, but here are soem steps to make sure you are legally covered:

  • you can check on hte KVK or demand an extract to make sure the signee is either an owner or a legitimate director, or
  • as k for the proxy statement. If may be irky from the other side, but at least you will be playing it safely.

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Posted in Contract Law

Everything You Need to Know About Statements of Work

SOW, their main ingrdients are:

  • Scope of Work,
  • Detailed description of the services,
  • Specific requirements,
  • Term of the SOW,
  • Location,
  • Timelines,
  • Deadlines,
  • Deliverables,
  • Assumptions,
  • Additional or Special Requirements,
  • Precedent Clause, and
  • Signature Block.

You should especially pay attention to:

  • Acceptance Language,
  • Payment Terms,
  • Intellectual Property (“IP”) Ownership,
  • Indemnity Clauses, and
  • Limitation of Liability Clauses.

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Posted in Contract Law

Déséquilibre significatif : quelles sont les principales évolutions de la jurisprudence ?

While several jurisdictions can count on abusive clause’s laws to give shelter to consumers, France tackled such abuses between commercial entities too with a 2008-law.

The Four main takeaways are that:

  • the range of actions is growing and reaches also relationship of unbalanced paower
  • a ruling is not limited to the single clause but the the overall contract
  • the unbalancement is quite broad as a concept, therefore rather far-reaching
  • the check on the legitimity is now even extended to the price assessment.

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