There is always a lot to do when you are trying to run your own business so terms and conditions usually fall to the bottom of the priority list. Whether you are a start-up or an established business, now more than ever, a robust set of terms and conditions is essential and avoids any misunderstanding about what you are selling and the terms on which you are selling it on.
Your terms and conditions establish a legal binding contract between you and your clients. It is important that your terms and conditions are written specifically for your business. No two businesses are the same and another business may not have the same needs as your own.
Covering all areas
Your terms and conditions will cover commercial terms such as price, delivery and payment terms. They go a little further than that by limiting your liability, disclaiming your liability for failure or delay caused by force majeure events, protecting your intellectual property rights and the passing of title and risk.
Certainty
If you have a clear set of terms and conditions, it is much easier to establish where there has been a breach of contract. Written contracts provide certainty and are much easier to enforce should you need to. If you have a robust set of terms and conditions, the chance of a legal dispute is minimised. It is much cheaper to have a set of terms and conditions prepared than to be involved in lengthy and costly litigation.
Compliance
There maybe specific regulations which apply to your industry and you may refer to them in your terms and conditions. Having a set of terms and conditions helps ensure compliance with legal obligations.
Clarity
Terms and conditions provide clarity about what should happen in any given situation. They set out the key commercial terms you are offering to your clients and helps the contractual parties to understand their duties, rights, roles and responsibilities.
Confidence and Consistency
Having a clear set of terms and conditions helps you to deliver a consistently good level of customer service. There are no surprises as the terms and conditions ensure that there is no ambiguity. Having an agreed set of terms helps you to manage your client’s expectations with regards to delivery and payment so you don’t end up with disappointed clients where expectations haven’t been met.
For assistance in the drafting of terms and conditions for your business, contact Farleys’ experienced commercial law team on 0845 287 0939 or contact us by email.
