Terms & Conditions: The Devil in the Detail

18th June 2020

Maybe you have had your business a long time now, maybe you are starting out, but you know from the beginning you need some Terms and Conditions (T&Cs).  So what do you do?

For many people they have simply used the T&Cs of a previous employer or gone on the internet and “borrowed” T&Cs from a competitor, rebranded it and run with it.  Putting aside the legality of “borrowing”, are these T&Cs actually up to date and do they protect you?

When it comes to contractual disputes the starting point will be the T&Cs of the contract and whether or not they support a particular client’s position.  If you business has adapted but your T&Cs do not then you may find yourself exposed; the author of this article previously worked with an firm who disposed of the assets of insolvent companies and the firm’s T&Cs did not cater for selling larger items on instalments or for retaining ownership of the goods until the final payment was made.  This was changed quickly but could have had some serious consequences.

In order to keep yourself up to date and protected it is best to have your T&Cs reviewed regularly to see if they are doing the job that you need them to do, there are a range of protections that can be added to T&Cs to make yourself more secure and to protect you against future problems.  If you would like to know more then please contact our Company & Commercial team on 01892 824 577 or on Pembury@burtons-solicitors.com.

When it comes to litigation over contracts, having a secure contract will assist you and reduce your costs overall, a small expenditure now could save you more in the long run; prevention is cheaper than cure!