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Updated Terms and Conditions for Sale and Supply of Goods and Services

February 2011

In any business transaction it is crucial that both parties are fully aware of their rights and obligations. Communicating this information verbally is rarely sufficient. A well drafted set of terms and conditions ensures that both parties understand the nature of the transaction and that nobody will be caught unawares.

Terms that have been verbally agreed can be misconstrued, forgotten, surreptitiously altered (the classic, "No - what I actually said was…" scenario), and are less likely to be upheld by a court. Such terms are more likely to be viewed as non-binding representations as opposed to a binding contractual terms.

Clear terms of business are thus very useful when disputes arise. If the terms of a contract are only communicated verbally a dispute will generally be nothing more than one party's word against the other's. Written terms and conditions should clearly set out all relevant details, leaving nothing open to interpretation or doubt if a dispute arises. Disputes will generally be settled quickly, efficiently and (most importantly for all concerned) cheaply.

Updated Terms and Conditions

Simply-Docs has now updated its set of Terms and Conditions for the sale of Goods (and Services). The shown on the right have been comprehensively reviewed and updated. Most documents now include greater flexibility with regard to discounts; greater clarity and efficiency with respect to times through specific reference to “business days”; additional optional provisions pertaining to non-delivery; a broader reference to voluntary arrangements (now including IVAs and PVAs in addition to the original CVAs) when allowing the seller to recover goods which have not been paid for or otherwise dealing with default on the part of the buyer (NB: This does not apply to the business-to-consumer documents); and a more comprehensive governing law and jurisdiction clause, now covering matters outside the strict scope of the terms and conditions or contract. Certain documents also incorporate a new, more comprehensive confidentiality clause.

The contents of this Newsletter are for reference purposes only and do not constitute legal advice. Independent legal advice should be sought in relation to any specific legal matter.

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