Can you afford to neglect your
Terms and Conditions?
Free, no obligation review of your T&Cs
Free, no obligation review of your T&Cs
As part of Berry Smith’s ongoing review of contractual relationships and the need to ensure businesses have appropriate documentation in place, we now turn our attention to identifying some common risks and consequences related to Terms and Conditions that are poorly drafted, copied or don’t even exist.
Risk |
Consequence |
|
You don’t have or use terms and conditions |
Unnecessary risk and liability which could be avoided, lack of clarity, potential for disputes |
|
You are contracting on third parties terms and conditions |
Lack of protection, contracting on unfair terms which are favourable to the other party, liability may be unlimited. |
|
Your terms and conditions are not applicable, unenforceable, or out of date |
Unknown terms governing the contract, lack of protection therefore leaving you exposed to potential liabilities |
|
You have “borrowed” or copied terms and conditions from a competitor or well know brand |
No guarantee that these are fit for purpose or even applicable to your business, they may be an incorrect or inappropriate document, breach of third party copyright. |
|
Your terms and conditions are only printed on the back of your invoice or they are not provided to your customer |
Your terms and conditions may not be incorporated in the contract and therefore may not apply |
|
You contract with both businesses and consumers using one set of terms |
Consumers have greater rights and protection and cannot be subject to the same robust terms that would be set out in a business to business transaction |
| You sell goods to consumers in store, online, over the phone and off-premises | Consumers have different cancellation rights, depending on where the contract was made and as a result of recent changes to the law, your consumer documents may be out of date and / or unenforceable. |
| We are currently offering a free, no obligation review of your terms and conditions. If you would like to benefit from this offer, or discuss any of the above information in further detail, then please contact Dan Dowen on either ddowen@berrysmith.com or 029 2034 5511. | |