Terms & Conditions
Many businesses trade with customers on the basis of a simple order or a handshake without having any formal terms and conditions of business in place. Worse still some businesses copy and paste terms and conditions of business they have found on the web without a clear understanding of whether they are either appropriate or up to date.
Having no terms and conditions of business, unclear or inappropriate terms in place can be a risky practice as:
- It can lead to uncertainty in the event of a problem arising.
- The parties may not have turned their minds to everything they need to think about in relation to the goods or services to be supplied.
- Sometimes the other party to a contract may have placed an order on their own terms and conditions of business, which in the absence of your own terms will probably govern the relationship between the parties.
- The parties may have made incorrect assumptions about what they have in fact agreed.
- In some cases the law will imply obligations into a contract that the parties had not intended to include (and which they might want to try and specifically exclude in certain cases).
- If you are selling overseas it may not even be clear as to which countries’ law applies to the arrangement.
- Some terms which may be appropriate to a business to business contract may not be appropriate in the case of a contract where a business is dealing with a consumer.
Over the years our commercial Solicitors have helped a number of businesses implement effective terms and conditions to safeguard their trading and reputation. We have also helped many clients who have not had appropriate terms and conditions in place and have experience of dealing with what happens when ‘things go wrong’!
To speak to one of our specialist business solicitors in South Wales who can help with your business terms and conditions, get in touch directly with a member of our team or use our Live Chat facility 24/7.
- Chris Davies
- Director & Head of Healthcare
- Betsan Powell
- Director & Head of Commercial Services
- Michael Williams
- Director & Joint Head of Corporate
- Steve Penny
- Consultant - Commercial Services
- Maria Kerrigan
- Legal Secretary - Commercial Services
- Rhianydd Llewellyn
- Associate Solicitor - Corporate Commercial
- Anthony Poole
- Trainee Solicitor - Corporate Commercial
We can help you prepare a tailored set of terms and conditions of business and guide you through the key areas that businesses need to consider, including:
Ensuring that your terms and conditions of business comply with legal requirements such as the Sale of Goods Act 1979, the Unfair Contract Terms Act, Distance Selling Regulations and data protection legislation.
Making sure that your terms and conditions of business include the essentials such as:-
- A clear description of your obligations/the other party’s obligations.
- Pricing (and whether you have a right to vary prices in some circumstances).
- Payment terms.
- Delivery and packaging.
- Risk and responsibility for insurance.
- Rights to return and reject.
- Considering with you what remedies you require in the event that the other party breaches the terms and conditions of business.
- Making sure that your terms and business are in fact incorporated into the deal between the parties and they will prevail over your customer/supplier’s own terms.
- Implementing changes to existing terms and conditions.
- Considering inclusion of a ‘retention of title’ clause to try and retain ownership of any goods supplied until you have been paid in full for them.
- Taking security to ensure that the other party performs its obligations – such as obtaining a guarantee from directors in the case of a limited company.
- Considering with you appropriate limitations and/or exclusions of liability.
- Force majeure events and the parties rights and obligations if a force majeure event occurs.
- Warranty obligations.
To speak to our expert solicitors for buying and selling businesses in South Wales, please contact your local JCP Solicitors office:
To ask a quick question or arrange a call back, use our simple contact form to make an enquiry.