Terms & Conditions of Trading

TERMS AND CONDITIONS OF TRADING

General “terms and conditions” of trading will need to be prepared based upon your specific business needs.

Such terms and conditions must be notified to the other party to the contracts attention before the contract is entered into or the terms will not be binding. To ensure the terms are effective have the other party sign a copy.

Check the standard terms and conditions of the other party to ensure there is no confusion as to which terms and conditions apply.

Clauses for consideration include :-

• Price, date payment is due and method of payment.
• Delivery details and non-liability of seller for delay beyond its control
• Seller retaining ownership until goods are paid for but requiring buyer to carry risk for them and to insure them.
• Limitation on seller’s liability. Certain rights are imposed by law e.g. goods must be “fit for the purpose” for which they are sold and be of “suitable quality”.
• Goods must match samples or descriptions in promotional literature so samples should be truly representative and brochure claims realistic.
• If private consumers are dealt with as customers or clients (including as a landlord) any standard terms whether in a letter or a printed contract are subject to the European Directive on Unfair Contract Terms and must be “fair” or they will be of no legal effect at all. If terms are printed on the back of a document the front should clearly be marked “refer to our standard terms of trading overleaf”.
• Goods are services sold by telephone/mail order/internet are affected by the Consumer Protection (Distance Selling) Regulations 2000. Consumers must be provided with specific information and given a seven working day cooling off period.

Please contact us for further information.