Terms & Conditions are the backbone of a business – both on the purchasing side and on the sales side.  This is because the Terms & Conditions set out the payment clauses, and payment is of primary importance to any business.  If you are selling goods, it may also be important to you that, if you aren’t paid, you potentially have the right to claim the goods back.  If you are purchasing goods, you may also want to ensure that you can take appropriate action, if the goods are not up-to-scratch.  Although you may be able to find some Terms & Conditions to use, they will not adequately protect your business, unless they are bespoke, and have been designed and developed for your business, after discussion with a solicitor.

There are a number of issues that your Terms & Conditions can address, and without which you would be in a worse position than you envisaged, especially if the company you are dealing with has its own Terms & Conditions in place.  Even if neither company has any Terms & Conditions in place, there will be a contract between them, and this kind of contract will then be based on statutory implied terms and common law, most of which can be amended in a written contract – your Terms & Conditions are your “written contract”.

Once a company or business has its own Terms & Conditions, it is important to ensure that it has processes in place that will ensure that the contracts it enters into will be based on its Terms & Conditions.  Advice on how to make sure of this, is even more vital than having a bespoke set of Terms & Conditions.  If the company you are doing business with has its own Terms & Conditions, and they refer to them in their emails or other documents, you could end up with a “Battle of the Forms” – this should be avoided.

If you need advice regarding Terms & Conditions, please contact Suzanna Patalong on 0121 698 2200 or s.patalong@sydneymitchell.co.uk.

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