Terms & Conditions of Sale or Services
All businesses, small, large or multinational, should have a standard set of terms and conditions. These set out your rights and liabilities. Ensuring these terms and conditions are correctly drafted can offer peace of mind to businesses. The main terms and condition often cover:
- The price
- When payment is due
- How payment should be made
- What product or service is to be provided
- Delivery arrangements
- Options available if payment is not received
- Limits to liability
- Data protection
- Interest on late payments
If these terms and conditions are not correctly incorporated into a customer’s contract, the result could be that they have no legal effect. Having the terms and conditions drafted correctly can save large amounts of money in the long run, helping to avoid legal action either to seek payment or deal with claims against you.
Whilst it is possible to use DIY terms and conditions, there is no guarantee these will cover all aspects your business requires, and even if they are legally enforceable our corporate solicitors at Monarch Solicitors can ensure they are properly drafted and still suitable for your business.
Contact our Corporate Solicitors:
To get advice on drafting new terms and conditions of a sale or service, or to have one of our corporate solicitors review your current terms and conditions, please complete our online contact form here or send an email to us at [email protected] and one of our solicitors shall call you back.
Alternatively, please call our corporate solicitors on 0330 127 8888 for a no obligation discussion.
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Terms and conditions are the terms of the contract between a business and its customers. They are also referred to as ‘terms of trade’. You should have terms and conditions for:
- Customers’ purchases of your goods
- Your purchase from suppliers (governed by their terms and conditions)
- Website terms and conditions
Whether you need a contract drawn up and/or terms and conditions for your standard contract or website, you should seek the assistance of a company and commercial lawyer.
Terms and conditions of contracts are carefully drafted by these professionals to ensure that the original intent of the contracting parties is reflected in the contract, and that no alternative meaning could reasonably be attached to those terms and conditions. Lawyers are crucial to this process because the process of drafting a legally binding contract is significantly different from any other form of writing and can have significant consequences.
In legal drafting, lawyers must reflect the precise wishes of their clients in legally binding text. In order to do this each section of the contract must comply with legal requirements relating to:
If you are involved in business and require an expert to draft a contract and/or terms and conditions, lawyers who specialise in company and commercial law are able to help. It is best if you seek advice from a lawyer who has experience with contracts and terms and conditions in your particular industry.
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