Commercial Law – Terms and Conditions

Let Our Expert Business Lawyers Draft Your Terms and Conditions

Every business operates according to terms and conditions – from a local supermarket that expects customers to pay for purchased goods before leaving the store, to more complex commercial arrangements, such as online purchases or the provision of specialty services.

Drafting appropriate terms and conditions for your business is not a minor matter. This language is extremely important, as it protects you from commercial responsibility and legal liability in the event of injury, loss or damage, or some other mishap.

Seeking advice from professional business lawyers when drafting your terms and conditions may help prevent a business or contract dispute from occurring in the first place, or at the very least, it can increase your chance of resolving the dispute quickly. Gavel & Page business lawyers can ensure that your terms and conditions are clear and cover all the bases, so that there is no misunderstanding or conflict between you and your customers.

Why Terms and Conditions Are So Important

Terms and conditions should underpin every aspect of your business and the decisions you make. They will dictate, among a host of other things:

• What is and is not acceptable practice by you and/or your customer or client;
• The procedures involved in performing tasks;
• How and when certain actions need to be completed;
• What formal requirements or documents are required by a party;
• When and how payment is to be made; and
• What action can be taken in the event things are not carried out a certain way.

Once agreed to by the parties, terms and conditions provide a great deal of certainty and protection in the event of a dispute. Terms and conditions are beneficial for a number of reasons, including:

• Providing clarity to the parties as to their respective obligations and rights;
• Providing clarity to the business owner and client as to their systems and processes;
• Limiting responsibility for goods or services provided;
• Providing legal protection in the event of disputes;
• Providing a legal basis to commence action and protect your interests; and
• Managing relationships and steps in any transaction clearly and objectively.

What Should Go into Your Terms and Conditions

Generally speaking, terms and conditions can cover a host of areas depending on the specific nature of your business. In fact, there is virtually no limit to the range of clauses that can be included in a terms and conditions document, save for what may be restricted by law.

Each business operates differently, as will the terms and conditions. Some of the more common clauses, according to our business lawyers, include:

• When invoices will be issued and when payments are to be made
• How stock might be delivered
• Promises or guarantees you make
• Things you specifically state are not your responsibility
• Insurances required or in place, and their relevance
• Limitations with services being offered
• Procedures for loss and damage that might be suffered
• Reporting lines
• The manner in which communications are to be had
• Obligations and expectations of the parties
• Rights of the parties
• Claims procedure for faults or other complaints
• Returns or compensation for faulty or defective equipment or services

How Terms and Conditions Protect You from Legal Action

Running a business is risky enough, so it is important to set clear guidelines for the operation of the business and customers’ obligations and expectations. This way, there is no misunderstanding, confusion or conflict between the parties.

Aside from the commercial protection such documents can offer, you also want to ensure you are protected from legal liability and risk in the event of injury, loss or damage, or some other mishap.

Whether you are providing home maintenance services or heavy machinery, whether you are a wholesaler of goods or provide goods or services to the general public, you can benefit from clearly and carefully drafted terms and conditions.

Ensure Your Terms and Conditions Are Relevant to the Business

Gavel & Page business lawyers offer expert guidance on terms relevant to you and assists you in drafting those terms for your business. If a dispute arises where terms and conditions have been agreed, we can also provide guidance and advice as to the nature of the dispute and how it should be handled.