Kundekontrakter

Kundekontrakter, or customer contracts, are legally binding agreements between a seller and a buyer that govern the sale of goods or the provision of services. They establish the rights and obligations of both parties and provide a framework for price, performance, delivery, and acceptance. In Danish practice the term kundekontrakter encompasses both B2B and B2C relationships, though the terms may vary to reflect consumer protection rules.

Common forms include framework agreements, standard form contracts, service level agreements, maintenance contracts, and licensing agreements. Core elements typically include identification of the parties, a description of the subject matter, price or payment terms, delivery or performance schedules, acceptance criteria, warranty terms, liability limitations, termination rights, and force majeure. Other standard clauses cover confidentiality, data protection, intellectual property, assignment, and notices, as well as governing law and dispute resolution.

The contract lifecycle covers drafting, negotiation, execution, performance, amendments, and renewal or termination. Risk management focuses on clear scope, measurable performance, reasonable liability caps, indemnities, insurance, and compliance with applicable consumer or competition law. For consumer-facing contracts, terms must comply with consumer protection rules and fairness requirements, such as transparency and reasonable restrictions.

Enforcement on breach may include damages, termination, or specific performance, with remedies defined in the contract. Dispute resolution may specify courts or arbitration, and governing law clauses determine jurisdiction. Data protection considerations, including GDPR compliance where applicable, are often integrated into security or confidentiality provisions.

Best practices emphasize plain language, explicit acceptance procedures, version control, change management, and documentation of amendments. Clear performance metrics, well-defined service levels, and audit trails help reduce disputes and improve enforceability.