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17/10/2019

Are terms & conditions worth the cost?

"Do I need terms and conditions? What are they about?"

If you asked me "Should I have a document that I can put in place between my business and my customer that will give certainty to our transaction, comfort to my customer that we are a credible business and may serve to reduce as far as possible our liability if something goes wrong?", I think you can see that my answer is going to be a resounding "Yes".

So, if having terms and conditions is important, what would they cover?

Well, they will differ from sector to sector, from business to business and whether they are B2B or B2C but, pure legalities aside, they can deal with the following:

 1.    Detail on how and when you will deliver, together and any specific details concerning delivery

2.    Specifically what rights of redress the customer has in the event of faulty or late-delivered goods or poorly delivered services

3.     Limiting the contractual remedies available to your customer in certain circumstances

4.    When the title (ownership) to any goods passes - you may want to "retain title" and impose certain obligations with regard to the handling of the goods until you have been paid in full

5.    You'll of course want paying for your side of the deal - use the terms and conditions to set out how the price has been agreed and when and how payment is to be made.  Late payment can lead to interest being payable on that late payment - a useful incentive to encourage payment on time

6.    Scenarios that may entitle you to terminate your activities under the contract or to suspend deliveries

7.    Limiting your liability under the contract if things go wrong

8.    There may be circumstances totally outside your control that you would want to raise as being circumstances that entitle you to an extension of time for delivering under the contract, rather than allowing your customer to terminate for late delivery


The issues set out above are only intended to be indications of issues to consider. If you do want terms and conditions drawing up, please do get in touch on 01484 821300 or at christaylor@eatonsmith.co.uk