So, you’ve spent a lot of time and effort writing up a set of General Terms and Conditions. Maybe you’ve gotten legal advice. They’re now perfectly tailored to your business and its needs, dealing with your biggest business risks and providing reasonable limits. But when are you supposed to present them to the other party?
Handing Over General Terms and Conditions
As stated in most EU countries, the law requires that you must offer the other party a reasonable opportunity to take note of your general terms and conditions. Practically speaking, this means any general terms and conditions document must be given to the other party before, or in immediate conjunction with, a signed agreement. This is because the other party should be given enough time to review the contents of the document and request changes or refuse specific terms.
If these documents are not provided at the correct time they will not be valid in case of dispute. You cannot state the information on an invoice, for example, and expect them to apply. By this point in the business proceedings, the agreement is firm, and negotiation has closed.
Accessible Terms and Conditions Documents
Along with handing over the general terms and conditions in a timely manner, it’s important for it to be done in the right way. For example, you must send the general terms and conditions to your customer by mail or e-mail. If your general terms and conditions are listed online, your customer must be able to save this document, simply placing the general terms and conditions on a website is not enough.
Remember, this document is about protecting your business and reducing risk. Make sure it’s delivered correctly, and on time so they can work like they were designed to.
If you want more information on when to hand over general terms and conditions, or legal advice from our team of experts, contact us today!