Lexicon

Default is a situation in which a debtor can find himself if he or she fails to fulfil his obligations. If the debtor is in […]

Non-performance has to do with violating conditions from an agreement. The Dutch Civil Code provides that parties to an agreement must comply with the conditions […]

There is a shortcoming if the debtor fails to perform (properly) based on an obligation. If this shortcoming can be attributed to the debtor, there […]

A defect of consent exists when the intention to enter into a legal contract with one of the parties involved would not have existed under […]

The derogating effect of reasonableness and fairness means that a rule applicable between the parties will not apply if that application is unacceptable according to […]

It is possible to buy something by phone or online instead of in an “ordinary” store. Such a purchase is called a “distance selling”. Distance […]

It has been established in settled case-law that IT suppliers have a duty of care. The criterion is whether or not the supplier “met the […]

A best-efforts obligation is a contractual obligation to make a certain effort. Opposite to the best efforts obligation is the result obligation, whereby the focus […]

In an agreement, most people envision a contract signed by the parties. The conclusion of a contract is, however, form-free and can take place in […]

In ICT, it regularly happens that the ICT supplier and ICT customer conclude an escrow agreement. With an escrow agreement, parties agree on an arrangement […]

Exoneration is a synonym for limitation of liability. For more information see liability limitation.

When an agreement has a strict deadline and has been exceeded without result, the debtor is automatically in default and no notice of default is […]

Final discharge is a term commonly used in a settlement agreement. If the parties grant each other (mutual and final) discharge, this means that the […]

A fine is an amount due that is the result of an act contrary to the law or a contract. If a penalty is due […]

Fixed fee is de Engelse benaming voor de vaste prijs. Ook in Nederland wordt deze term regelmatig gebruikt. Voor de betekenis zie vaste prijs.

Sometimes a fixed price is agreed upon for the delivery of a service. The supplier can only propose such a fixed price if he has […]

‘Fixed scope’ is a frequently used term in contracts. It reflects the scope of the work. The term is often used in combination with the […]

Force majeure is the term used in English (often in contracts) to indicate a so-called higher power. For more information see force majeure.

If a fault in the fulfilment of an obligation cannot be attributed to the debtor, this is a case of force majeure. A fault is […]

General terms and conditions are stipulations that are intended to form part of several agreements. The “normal” agreement then contains specific provisions about what has […]

A guarantee is a promise. The supplier guarantees that the product is good. There are however different types of guarantees. For example, there is a […]

De Haviltex-formule of haviltexen houdt in dat bij de uitleg van een overeenkomst niet alleen naar de letterlijke bewoordingen van de overeenkomst moet worden gekeken, […]

Hourly invoice is the price mechanism whereby a service is provided at an hourly rate. The supplier charges the hours worked to the customer at […]

The ICT – Office conditions are industry conditions for ICT suppliers. Nederland ICT The ICT – Office Conditions have been drawn up by Nederland ICT, […]

Indirect damage is a term that often occurs in contracts. In particular in the sense of a limitation of liability: “The Supplier is not liable […]