INCORPORATING STANDARD TERMS AND CONDITIONS

Incorporating Standard Terms And Conditions

These are my recommendations for getting your standard terms and conditions incorporated into any contact.

1.         Publish your standard terms and conditions on your website.

2.         Make it clear in your terms and conditions, the date from which they started to apply to your trade.

3.         If your terms and conditions are updated, do not take your old conditions down from your website, simply add the new ones; remember most contractual claims have a six year limitation period.

4.         Ensure that every quote, standard or otherwise, makes express reference to the terms and conditions on your website and to their incorporation into your contracts.

5.         Take the trouble to have a process whereby all orders are acknowledged by you, with a document that makes reference to the incorporation of your standard terms and conditions, as published on your website.

It is always possible for contracting parties to override standard terms and conditions by express agreement and it is conceivable that, in spite of the processes I have referred to above, a customer may just avoid the incorporation of your terms and conditions; however, these good standard processes will help to limit the risk to your business.