- Ensure that you have adequate and enforceable conditions of sale. This can be achieved with your credit account application - (click here to view application). Terms and conditions of sale are important because they create certainty between the parties. They detail the responsibilities of both you and your customer. Your terms and conditions will have to comply with existing legislation including the Sale of Goods Act 1979 (as amended); the Consumer Credit Act 1974, if appropriate, (as amended) and any legislation relating to restrictive trade practices.
- It is also vital to ensure your terms and conditions of sale actually apply to the contract. To ensure they do apply, they have to be agreed at the time the contract is made. This basically means along with an account opening application it will be prudent to send your terms and conditions of sale to the customer, have them signed and returned to you. This will ensure in any subsequent contract your terms and conditions of sale will apply. Simply making reference to terms and conditions of sale at the reverse of an invoice on delivery of the goods when this has not been previously agreed will mean your terms and condition will not apply.
Yuill + Kyle is a subsidiary of Morton Fraser MacRoberts LLP
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Thu 14 Jul 2022
