You need to protect the business and understand your liability if you are providing goods and services to consumers or other businesses.
If you are providing goods and services you will need to be wary of cash flow and getting paid reasonably quickly. If you are manufacturing goods as well as supplying them you will have obligations about the quality of such goods.
If you are buying goods or services then receiving them on time and to the standard you require are the most important considerations.
If you buy raw materials and turn these into products and then supply these you need to understand where any liability issues arise and get the risk allocation right in your terms and conditions.
It would be prudent to have two sets of trading terms; one for buying and one for selling.
Having gone to the trouble of commissioning terms and conditions, it is vital to ensure that these are incorporated into your contracts with third parties. Sometimes it is commercially impossible other than to trade on another party’s terms, but we can advise how to try and make sure your terms apply where possible.
The point in having terms and conditions is to protect the business and give yourself a fighting chance when things go wrong. For example, you may be providing goods and retain an express clause in your terms retaining title until payment is made in full. Were a recipient to go bust, you could approach a receiver to seek collection of those goods. You could include an interest clause for late payment. There are many advantages to having clear express provisions agreed between parties.
Please call 0845 603 10 57 to speak to a member of our team