ORJ have the following recommendations for getting your business’ standard terms and conditions incorporated into any contract.
1. Publish your standard terms and conditions onto 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.
Find out more about how the right terms and conditions can be the insurance policy you can’t buy for your company!