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Commercial contracts with suppliers

When contracting business to business it is important to check to see whose terms you are contracting on. This is known as “battle of the forms”.

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Commercial contracts with suppliers

The regulation governing business to business contracts is not as heavy handed as consumer contracts there are still a number of key statutory obligations under the Supply of Goods and Services Act 1982, Sale of Goods act 1979 and the Unfair Contract Terms Act 1977.

It is extremely important that where you supply services or goods to other business that the terms of your commercial contracts are correctly incorporated.  As every business is different, no standard set of terms and conditions will apply.  Here at Ironmonger Curtis, our commercial solicitors have vast experience in dealing with and drafting terms and conditions for whole variety of businesses.   We are therefore understanding of business needs and the importance of getting the terms and conditions right.

Contracts or terms and conditions will cover a number of terms, such as:

(a)            Description of the goods/services

(b)           Quality – Goods must match their description and be of satisfactory quality and fit for their purpose

(c)            Offer and acceptance

(d)           Price – will VAT be applicable?

(e)            Payment terms

(f)            Delivery

(g)           Passing of risk

(h)            Retention of title

(i)             Force majeure

(j)             Defective goods or services

(k)            Exclusivity

(l)             Warranties as to the good/services

(m)          Limitation of liability

Whilst the terms must be reasonable and fair, business to business contracts do not provide the same amount of rights as would be provided to a contract with a consumer.

Being practical commercial solicitors, we understand that it is not always at the top of a business’s list of priorities to consider terms and conditions. However, if you don’t have any terms and conditions, or if your business has undergone a change, it is never too soon to put some in place or review existing ones.  Terms and conditions should be reviewed regularly.    Please ring on 0845 225 2635 to speak to one of our commercial solicitors.

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