Terms & Conditions
Every company should have terms and conditions which covers the operation of their daily business. These provide clarity in the event of disputes as well as offering protection, and enabling enforcement action, where necessary.
Getting the terms and conditions right is important, but it’s also essential to make sure they are incorporated into other contracts. Providing them post-sale can weaken your position and invalidate some of the protection you have sought to create. Our team of commercial law experts can advise you on all aspects of T&Cs, including when to quote them and how to keep them updated.
For more information about our commercial law services please call us on +44 (0)20 3475 6751 or email firstname.lastname@example.org
More information about Terms & Conditions
Do you have a clear and transparent set of terms and conditions included in your commercial contract? Find out more about what to include and what aspects to consider.
Every business should have a set of terms and conditions (the T’s & C’s) because it provides protection for your rights, as well as limiting your liability within the permissible parameters. Your terms and conditions should be incorporated into your contract and you should provide a copy of this to your potential buyer as soon as practically possible.
This could mean including your terms and conditions in your sales literature, displaying it on your website, or adding it onto every quote you provide. Giving your customer this information before the contract is formed is key.
While commercial contracts don’t have to be in writing to be accepted as valid, it’s advisable that they are. Your terms and conditions can assist by setting out a clear agreement that can’t be misunderstood, unlike an oral agreement.
What to include
It’s your decision what to include in your terms and conditions but the following are recommended:
- Terms of payment
- Delivery arrangements
- Credit terms, including credit period
- Breakdown of interest chargeable on late payments
- Description of what goods and services will be provided
- Data protection clauses
What to consider
When you are creating your terms and conditions, consider the impact that each aspect could have on your business. One mistake many companies make is being too generous with payment terms. By allowing 30 days from the end of the calendar month in which the invoice was issued, it will be two months before you can even chase for payment. This could seriously impact the cash flow of a business, especially if there are multiple customers in this position.
There is a legal right to charge interest on unpaid bills but it’s still advisable to set it out in your terms and conditions, for the avoidance of doubt.
Your terms and conditions should be clearly legible. This means they can’t be crammed into small print which is impossible to read. They should also be transparent; this means being free of jargon. If your terms and conditions aren’t transparent and legible they may not be enforceable.
We have many years of experience in drafting and reviewing terms and conditions, and can ensure that your business has the protection it needs.
YOUR COMMERCIAL LAW TEAM
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m: +44 07377 190 406
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Partner, Corporate Commercial
t: +44 020 3093 0872
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Senior Associate Solicitor
t: +44 020 3093 0873
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WHY CARTER BOND
Unlike many law firms when we say partner or barrister led, we mean partner or barrister led. When clients work with us, they get constant access to the lead on their instruction. Yes, we have a team of solicitors and juniors for some of the groundwork and necessary research required by our clients, but this is when it makes financial sense to the client for us to do this. We provide constant contact at no extra cost as part of our service as most of our lawyers have their own business, so they know first-hand how important having a proactive, responsible and trusted partner on their side can be. And also how to work to a financial budget, and the way that legal decisions impact the wider organisation, which often requires balancing risks and competing interests.
Many ask us ‘what’s different about you?’ and we like to reply, ‘because we go the extra mile’. We see our work as building and maintaining good business relationships rather than just earning fees. How we do this is by keeping in constant contact with our clients and intermediaries. From pre to post instruction we ensure that our clients are informed of all legal issues that may impact their business and therefore lives. That is why we provide daily or weekly updates to ALL of our clients whether there is anything to tell them or not (we don’t charge for this we just see it as part of our service). We like our clients to rest peacefully knowing that when we are instructed, and we say ‘we will take it from here’ they know we mean it.
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The world is changing, and many individuals are realising that lifestyle is as vital to them as is income. We are the lucky ones who can hand pick lawyers who can provide the best quality advice but at outer city costs. Our offices are in North West London which may not be the most salubrious in the market but at the same time this allows us to charge our clients for what they pay for, our advice NOT our office space.
ALL our lawyers have previously worked in large city-based law firms and continue to practise and offer the same high level service they provided to clients in the City but without the pressure and demands often dictated by City law firm. This allows us to be competitive on our fees without compromising our service.
All in all, our clients win, which is the way we like it.
Our knowledge and resources are yours
All our clients benefit from the same high level of care and attention whether the instruction is big or small. At the outset of each matter, we discuss the entire process with our clients, including the costs, potential outcomes and issues associated. This is to ensure clients are fully aware, knowledgeable and are in control always. Supporting and ensuring we provide the highest level of services, we offer our constant contact process with the partner or barrister leading your file, a document log in for matters which are for larger and more complicated instructions and on-going support post transaction should our clients require it. Our aim is not just to get the work done, but to make our clients’ lives easier as we do it, which is why we ensure that our clients have regular access to the resources they need from us.
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