frequently asked questions
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Do I need to have my own terms and conditions of sale?
 

UK law implies certain terms into contracts for the sale of goods and the provision of services. For example it is an implied term of sale of goods contracts that the seller has the right to sell the goods. This particular term is implied into all sale of goods contracts, but in other cases statutory implied terms are only relevant where the parties have not expressly dealt with the relevant issue.

In order to achieve certainty and to protect the business' interests, it is advisable to deal on express standard terms and conditions. Typical standard terms include:

  • exclusions or limitations of liability - it is not possible to exclude liability for everything. For example, liability for death and personal injury cannot be excluded or limited. Detailed advice is required to ensure exclusion clauses are effective;
  • payment - a business will want to include the terms upon which it expects to get paid, including any credit periods and interest payments;
  • retention of title - this is where a seller attempts to retain ownership of his goods until they are paid for. Detailed advice is required to ensure such clauses are effective.
 
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