Many trading businesses will encounter a dispute at some point with a supplier or a customer regarding goods which have been delivered, or services which have been provided. Such a dispute will invariably lead both sides to hurriedly look at the terms and conditions of the contract or order so as to determine who is responsible for the dispute and how it is going to be resolved.
As this point in time, it is often realised either that one party does not have terms and conditions or if they do they are either inadequate to cover the scenario which has arisen or even if they do cover it, they have not been incorporated into the contract and indeed the other parties terms have been incorporated. Inevitably the other party’s terms will be less than favourable.
The result of this can be additional cost and loss to the party whose terms and conditions are inadequate or have not been incorporated into the contract.
It is imperative for companies to have a solid set of terms and conditions which cover their position in the event of any of a wide number of scenarios occurring and resulting in a dispute. These terms then need to be adequately incorporated into their contracts, so items such as contracts, order forms and delivery notes also need to be correctly drafted.
We can provide a review of your company’s terms and conditions and other associated documentation. Please contact the Business Team at our Epping office on 020 8502 3991 for more information.