Another essential part of our extrajudicial services in German contract law is the drafting, negotiation and review of general terms and conditions (GTC). In this respect, particular attention must be paid to the observance of effective and court-proof formulations. We do our utmost to avoid the invalidity of general terms and conditions clauses both in B2C and B2B business. Because the use of incorrect GTC can have serious consequences, e.g. the user is threatened with warnings from competitors or the consumer protection association as well as claims for damages.
Furthermore, ineffective GTC clauses can lead to the rescission of contracts even several years after the conclusion of the contract, e.g. because the necessary revocation instruction did not comply with the legal requirements. Effective GTCs thus play an important role, especially in consumer contracts, not least because of consumer-friendly EU law and the case-law of the European Court of Justice. If the general terms and conditions are ineffective, because, for example, a contracting party is disadvantaged beyond the reasonable extent, the legal regulations automatically apply. This is often also inappropriate for the disadvantaged party.
Due to this high risk of damages, the early assignment of an experienced lawyer is essential. During contract negotiations, our team of contract law attorneys will work out which general terms and conditions clauses are permissible and appropriate for your project and the respective specialist area and will pay particular attention to compliance with the latest legal changes and court rulings.
Furthermore, we check the GTC in the contract offers submitted to you for their effectiveness. We guarantee that you and your contractual interests are not disadvantaged by the GTC and always consider the specifics of the respective legal area. Due to our interdisciplinary orientation, we can offer the drafting, revision and review of GTC in the areas of sales law, labour law, commercial and corporate law, banking and capital market law, as well as other areas of law.