Inattention can lead to unintended application of pecuniary clauses in a contract, namely, by them – possibly unknown – general conditions apply.
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To business contracts are usually conditions attached. The relevant business partners before or at the conclusion of the agreement that terms and conditions apply. Furthermore, the users of general conditions on the content not invoke the other party if he no reasonable opportunity to the contents of the general conditions take notice.
The court has recently reaffirmed the responsibility of entrepreneurs. It is up to them before the conclusion of an agreement to the terms and conditions of the other party to study or at least make sure they could take cognizance. The ability to hear is advised if the conditions to which the contract refers, or are sent to the court or the Chamber of Commerce can be accessed.
The entrepreneur draws both applicability and for receipt of the general conditions as those two factors – applicability and reception – in the agreement are listed. This means that even if the terms are not received, the entrepreneur have its signature yet bound. It is virtually impossible to prove that he has not received the general conditions.
If the entrepreneur has the general conditions referred to not advance received from the user, he should immediately about the user to protest and signing of the agreement to postpone until receipt of and consent to these terms and conditions. If he does not, then the entrepreneur is still tied to that for unfamiliar terms.
Attentiveness to contracting with general conditions, even more important if the user thereof and its regular counterpart similar agreements with each other. The terms can then become part of the regular commercial practice between the parties and are thus also applicable to contracts with a single phone call or a quick e-mail to be closed. In a regular commercial practice having the general conditions does not repeatedly be presented. Also, it is recommended that operators regularly check the terms and conditions of their trading partners are used and whether it for them no detrimental clauses stand. Changed conditions may apply only if the business partners about – possibly tacitly – agreement.