A prohibition on setoff does not prevent a reliance upon suspension

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Suspension and setoff are two different doctrines that are often included or excluded in agreements and general terms and conditions. In its ruling of 31 October 2014 (ECLI:NL:HR:2014:3072), the Netherlands Supreme Court considered that these two doctrines can be relied upon separately. A prohibition on setoff included in an agreement or general terms and conditions does not affect the parties’ power of suspension.