Terms & Conditions Of Business

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Terms & Conditions Of Business

When any new business is formed, the terms and conditions – or the contractual basis the company trades under – are often neglected. Yet, ensuring these terms and conditions are done correctly is perhaps the most important thing to consider when starting a new business.

Many businesses don’t think about their terms and conditions until it’s too late, and the lack of them has cost them money, time and aggravation. By talking to Oliver & Co, you can avoid that mistake for your business and make sure your terms and conditions are in order.

At Oliver & Co, we’ll make sure your terms and conditions are properly drafted for your business’s needs, and are correctly incorporated into all your agreements with clients, customers and suppliers so they’re legally binding and enforceable.

Legal Protection through Terms and Conditions

The fact is that incorporating your terms and conditions into all your dealings with customers from the outset is the only way to guarantee that they’re legally binding. Failure to do this means any terms and conditions introduced at a later date may be null and void.

Even printing them on the back of an invoice or receipt isn’t enough. Only terms and conditions given to the customer at the point of a contract being made are acceptable for legal purposes and supplying them at this time will protect your business.

We’ve put together some handy tips for you to make sure you get your terms and conditions to your customers in the right way:

  • Do everything you can to bring attention to your terms and conditions
  • Set out your terms and conditions in every piece of marketing material you have. That includes your website, brochure and catalogue, as well as any quotes you supply
  • Put them on the back of invoices too but not as an alternative
  • Train everyone involved in your sales process on what your terms and conditions are, and how important they are
  • Get them in front of your customer in as many different ways as you can

A court of law may rule against you if your terms and conditions have not been correctly implemented, should legal proceedings ever arise, leaving you out of pocket and powerless to do anything about it.

Oliver & Co’s specialist commercial lawyers can help and advise you on all aspects of your terms of business, including:

  • Pricing and payment terms
  • Interest for late payment
  • Exclusion or limitation of liability to customers and third-parties
  • How to contract with consumers rather than businesses
  • The retention of title to goods in the event of non-payment

To speak to Oliver & Co about our fixed-fee review and redrafting service, please call us on 01244 354697 or call in to our Chester office to make an appointment.

Call and speak to a member of our team on 01244 312306

Tim Polding

Associate Director & Commercial Solicitor

Hope Gill-Daintith

Corporate & Commercial Solicitor