Making an offer: this is what you should definitely mention
Making an offer: this is what you should definitely mention
February 2023 – An offer must meet a number of formal and substantive requirements. In this article, we list which things you should definitely include.
A quotation is a proposal to supply certain goods and/or services from a company/ sole trader addressed to a potential customer. The quotation includes a description of the goods and/or services provided and how much they will cost.
A legally valid offer contains the following elements:
your company data
customer details
date
quotation number
brief summary of the requested work/supplied goods
hourly rate or total price (do not forget any additional costs)
period of validity of the offer
what the customer has to do to accept the offer
The general terms and conditions of the commitment
Note that general terms and conditions are missing from the above list. This is because they are not legally required. However, it is certainly useful to add them anyway. This way, you will avoid ambiguities in case of any legal dispute. Note: if you do not draw up general terms and conditions, normal legislation will apply to your commitments.
If you include general terms and conditions in your offer, you must bear in mind a number of obligations to make the conditions legally valid.
Information obligation
You are obliged to inform your customers of the general terms and conditions applicable to your products and/or services before or during the conclusion of the contract. In other words, clearly refer to the general terms and conditions in your offer and/or invoice. The general terms and conditions are automatically considered accepted if the customer does not protest in time. A signature is not required, but is recommended anyway.
Clarity
General terms and conditions should be drafted clearly. The text must be legible and unambiguous. In case of ambiguous interpretations, the court will usually adopt the interpretation that appears most favourable to the customer.
Reasonableness and balance
Including sky-high damages or negligence interest in general terms and conditions is not a good idea. Compensation should be reasonable, i.e. proportional to the goods and/or services provided. The law requires rights and obligations to be balanced between consumer and supplier.
Internet sales and sales to private individuals
Online sales and sales to private individuals are subject to specific legal provisions protecting consumers (e.g. the statutory withdrawal or objection period). Your general terms and conditions must not contradict these provisions, otherwise they will be declared null and void.
Bearing the above obligations in mind, it is tempting to adopt another company's general terms and conditions. However, be careful with that, because in case of a dispute with a customer (e.g. a late payment), it is very important that your general terms and conditions are written to suit your company and your expectations.
So it is better to draft your general terms and conditions yourself and have them proofread by your lawyer.