The situation
You send a quotation to a client. After that, you hear nothing and assume the project will not go ahead.
Months later – sometimes even a year later – the client suddenly informs you that they accept your quotation.
By then, your prices may have increased, your schedule may be full or the product or service may no longer be available. Yet the client claims that a binding agreement has been concluded.
Are you still bound by that old quotation?
The legal position
The answer depends on the wording of your quotation.
If your quotation contains a clear expiry date, the position is generally straightforward. Once that date has passed, the quotation can, in principle, no longer be accepted.
If no expiry date has been included, Dutch contract law provides that an offer may only be accepted within a reasonable period.
What constitutes a reasonable period depends on the circumstances, including the nature of the products or services, changes in prices or market conditions, common practice within the relevant industry, any contact between the parties after the quotation was issued, and whether the customer is a business or a consumer.
Because the law does not prescribe a fixed period, disputes regularly arise. A quotation without an expiry date may therefore create unnecessary legal uncertainty.
Practical tips
Always include a clear validity period.
For example: “This quotation is valid until 31 August 2026 and automatically expires thereafter.“
Review your standard quotations regularly to ensure that prices and terms remain up to date. Keep quotations and related correspondence carefully on file.
If you do business internationally, also specify the applicable law and the competent court.
Finally
A quotation is more than a price indication; it is a legal offer.
By including a clear expiry date, keeping your quotations up to date and ensuring that your general terms and conditions align with your quotation process, you significantly reduce the risk of an outdated quotation unexpectedly becoming a binding agreement.
Practical tip:
Adding an expiry date takes one sentence. Leaving it out may cost you a lawsuit.
