What is the maximum payment term allowed between businesses?

As a rule, a B2B payment term may not exceed 60 days. A longer term is only valid if it is demonstrably not unfair to the creditor.

When does the payment period start to run?

It depends on what the contract says. Common start events are the invoice date, the delivery date or the date of acceptance of the goods or services. Specify the trigger clearly to avoid disputes.

Can payment terms be enforced by a small business against a large buyer?

Yes. Statutory commercial interest (BW 6:119a) runs automatically from the day after the agreed term expires, regardless of the relative size of the parties. A longer term imposed on a weaker party may be set aside as manifestly unfair.

What happens if no payment term is agreed?

Under Dutch law the statutory default for B2B transactions is 30 days from receipt of the invoice or delivery, whichever is later. After that period statutory commercial interest accrues automatically.

Are payment terms in consumer contracts treated differently?

Yes. Consumer payment terms are subject to stricter controls under general terms legislation, and the ordinary (lower) statutory interest rate under BW 6:119 applies rather than the higher commercial rate.

Payment terms

The contractual rules governing how, when and in what currency a debtor must pay an invoice.

Definizione

Payment terms set out the payment period, accepted methods, applicable currency and the consequences of late payment. In B2B contracts a period of 30 days is the statutory default; a term exceeding 60 days is only valid if it is not manifestly unfair to the creditor. Clear payment terms reduce disputes and underpin any claim for interest or collection costs.

Esempio

An agreement stipulating "payment within 30 days of invoice date" entitles the supplier to statutory commercial interest from day 31 if the buyer fails to pay.

Perché rappresenta un rischio aziendale

Vague or inconsistent payment terms are one of the most common causes of cash-flow problems. Without a clear payment date, triggering statutory interest or escalating to collection becomes difficult to prove. Across a portfolio of contracts, misaligned payment schedules create forecasting blind spots and increase the risk of unnoticed late payments compounding over time.

Come gestirlo

State the payment period, start event (invoice date, delivery date, acceptance) and accepted payment methods explicitly in every contract.
For B2B contracts, keep the agreed term at 30 days where possible; if you accept 60 days, document the business justification.
Include a clear late-payment consequence: statutory commercial interest runs automatically, but specifying it removes any ambiguity.
Track payment due dates across your contract portfolio so upcoming obligations are visible before they fall overdue.
Review payment terms at each renewal to ensure they still reflect agreed commercial relationships and statutory limits.

Riferimenti normativi

BW 6:119a Dutch Civil Code: payment period and late payment Diritto olandese

Salvo diversa indicazione, i riferimenti riguardano il diritto olandese (Burgerlijk Wetboek, il Codice Civile olandese); gli strumenti UE come il GDPR si applicano in tutta l'UE. Si tratta di informazioni generali, non di consulenza legale. Altre giurisdizioni trattano questi concetti in modo diverso. Verifichi il testo vigente e la propria situazione con un avvocato qualificato.

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