Article in Entrance: “Small print”

By Published On: 01-03-2017Categories: Franchise Agreements, Statements & current affairsTags:

#FINE PRINT 

“When I do business with a supplier, I never read the fine print. Recently I noticed that there are all kinds of things in it that I actually do not agree with. Am I always bound by it?” 

#Regulations The law refers to general terms and conditions. This concerns matters such as high penalty interest, collection costs, retention of title and other supplier rights. It is also often about the exclusion or limitation of liability. In principle, recording such things is not prohibited or invalid.

Other messages

Does a franchisee have to accept a new model franchise agreement?

On 31 March 2017, the District Court of Rotterdam, ECLI:NL:RBROT:2017:2457, ruled in interlocutory proceedings on the question whether franchisor Bram Ladage had complied with the franchise agreement with its franchisee.

Mandatory (market-based) purchase prices for franchisees

To what extent can a franchisor change agreements about the (market) purchase prices of the goods that the franchisees are obliged to purchase?

Director’s liability of a franchisee after failing to rely on an unsound prognosis.

On 11 July 2017, the Court of Appeal of 's-Hertogenbosch made a decision on whether the franchisor could successfully sue the director of a BV for non-compliance with the

Liability accountant for prepared prognosis?

In a judgment of the Court of Appeal of 's-Hertogenbosch of 11 July 2017, ECLI:NL:GHSHE:2017:3153, it was discussed that franchisees accused the franchisor's accountant of being liable

How far does the bank’s duty of care extend?

Some time ago the question was raised in case law what the position of the bank is in the triangular relationship franchisor – bank – franchisee.

Burden of proof reversal in forecasting as misleading advertising?

In an interlocutory judgment of 15 June 2017, the District Court of Zeeland-West-Brabant, ECLI:NL:RBZWB:2017:3833, ruled on a claim for (among other things) suspension of the non-compete clause.

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