The Challenge
Our client, an internationally active company in the construction sector, faced growing risk exposure because they always accepted their customers’ general terms and conditions without negotiation.
As the last party in the contracting chain, they frequently worked on a back-to-back basis. When issues like delays or defects occurred - even if not (fully) their fault - they were immediately held responsible for all resulting damages. This led to:
- Intense and often tense negotiations to limit liability;
- Damaged client relationships;
- High accruals for potential claims.
Our Approach: EyeConsult in Action
Through EyeConsult, we conducted a practical risk analysis and identified a more strategic contracting approach.
Instead of lengthy, complex terms, we created a concise, clear one-pager terms and conditions focused only on the most important risks, including:
- Clear limitation of liability (e.g., max. 50% of order value);
- Exclusion of consequential damages;
- Transparent product guarantees;
- Dutch law and court.
To support successful implementation, we launched EyeTrain sessions to train the client’s staff on:
- What the new terms mean;
- How to communicate them confidently;
- How to handle pushback from customers.
EyeLytics remained involved in the initial negotiations with clients to ensure swift and consistent responses.
The Result
After a few months:
- The new terms were accepted more frequently by customers;
- The client’s risk exposure and liability were significantly reduced;
- Accruals for potential claims could be lowered, freeing up resources;
- The sales team felt more confident and professional in contract discussions;
- Customer relationships improved thanks to clearer expectations and transparency.
Why It Worked
With EyeConsult and EyeTrain, legal wasn’t a blocker but a business enabler:
- Simple, relevant contract terms instead of lengthy documents;
- Practical training for the teams who actually negotiate;
- Ongoing support until new practices became daily routine.
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