If you want to make sure that your company’s general terms and conditions apply under Dutch law, you should always try to declare their applicability as early as possible in the negotiations, to prevent the other party from getting the 'first shot' in. If you are contracting with a non-Dutch party, you should also be aware of the potential applicability of other common battle of the forms rules, such as the 'last-shot rule' or the 'knock-out rule. If the person or company who you are contracting with is faster and declares the applicability of their general terms and conditions before you do, make sure that you clearly and unequivocally reject the application of their general terms and conditions and state that you wish to contract on the basis of your own general terms and conditions.