Standard Terms & Conditions Of Sale

[kwatt]

The Brilliance Of Clause 29

29. Indemnity

29.1 The Buyer shall indemnify the Seller against any loss or damage suffered by the Seller as a result of any claims brought against the Seller by any third party for:

29.1.1    any loss, injury or damage caused by the Goods or their use;
29.1.2    any loss, injury or damage in any way connected with this Contract provided that this clause will not require the Buyer to indemnify the Seller against any liability for the Sellers own negligence or breach of Contract.

29.2 Where the person receiving the benefit of any Goods and or Services rendered by the Seller is an individual, they shall indemnify the Seller at full commercial rates the amount invoiced to any Manufacturer, Retailer, Landlord, Letting Agent, Insurance Provider, Third Party Work Provider or other entity, whenever the invoice rendered to any Manufacturer, Retailer, Landlord, Letting Agent, Insurance Provider, Third Party Work Provider, Landlord, Letting Agent, Insurance Provider or other entity is not settled in full for any reason whatsoever.  Payment by the person receiving the benefit of any Goods and Services is to be made in accordance with section 5.2 of these terms and conditions.

You can all thank Jackal for the above brilliance.

Basically, for those of you that do any contract work at all (even for a landlord etc.), this clause goes you the “right” to go back to a customer if the person you carried out the work for refuses to pay the bill, goes bust, pretty much whatever. And, under the terms, they have to pony up your charges.

If they don’t you take them to court.

The really good news here is that, although I cannot divulge the specifics, this clause has been tested against various types of clients named and does work. You would be very unlikely to lose claiming against the customer in court, if you follow the rules.

K.

[Martin]

Re: Standard Terms & Conditions Of Sale

Having read over the ISE T&C’s I must say it is extraordinarily comprehensive in every respect. My thanks to Ken and Carl for allowing us access to this information. I’m sure every one of us can implement most if not all in our own businesses.

But what I’m not sure about (especially in relation to Clause 29) is who exactly should the T&C’s be directed at? Does that person or persons have to sign and accept them? If the Letting agent goes bust or does a runner, how can the landlord or tenant be implicated into accepting your T&C’s legally without signature?

[kwatt]

Re: Standard Terms & Conditions Of Sale

Leave a copy with the customer and I think that’s it.

K.

[Martin]

Re: Standard Terms & Conditions Of Sale

kwatt wrote:Leave a copy with the customer and I think that’s it.

Well perhaps then if the customer or tenant were to actually sign the invoice/job docket sheet/delivery note to acknowledged the goods were received or the repair work completed with the T&C’s listed on the back. By so doing they have legally accepted those T&C’s also?

Would just by leaving a copy without signature have any legal standing?

[kwatt]

Re: Standard Terms & Conditions Of Sale

The best bet, as far as I am aware, is to have the T&Cs on the back of the invoice/job sheet that you leave with the customer.

But Jackal can probably clarify the finer points of the actual law far better than I can.

K.

[Martin]

Re: Standard Terms & Conditions Of Sale

kwatt wrote:The best bet, as far as I am aware, is to have the T&Cs on the back of the invoice/job sheet that you leave with the customer.

That’s what I said Ken. But, as you say, maybe Jackal can assist. 🙂

I know wholesalers go big time on T&C’s being stamped all over the back of their invoices. “The goods will remain our property until they are paid for in full…etc etc….” but you are already their agreed account holder anyway and have previously signed their T&C’s in order to hold an account. Likewise many garage dealerships insist on a signature to their T&C’s prior to work commencing otherwise they have the right not to give you your car back until the bill is settled.

I have my doubts as to whether a tenant would be legally drawn into paying if the letting agent goes bust simply by leaving an invoice copy with the T&C’s printed on the back though. 😕

[Jackal]

Re: Standard Terms & Conditions Of Sale

Hi all

If you do regular work for a letting agent or similar such as work provider, you should send a copy of the T&C’s to them before you do the work, say by email or better still by recorded delivery post. If afterwards then instruct you to do work, then your T&C’s are considered valid and binding on them as in the eyes of the law that they have agreed to them by sending the work to you. You should send them periodically, copies of your T&C’s, certainly once every 12 months.

Then when you then go to the property address, i.e. the tenant, or the WP’s customer, you get them (tenant or work provider) to sign your job sheet which includes your T&C’s on the reverse.

LEAVE a copy of your job sheet or T&C’s with the Tenant/Customer so they have a copy of the Contract they have just agreed to. You will need to retain the signed original copy but the tenant/customer only needs a copy of the T&C’s, that copy does not need to be signed.

My engineers print the job sheets off a laptop with a portable inkjet printer so we print everything in duplicate and the customer gets a copy; it is just as easy to use a duplicate pad if you wish or even just have your T&C’s printed on A4 and leave a set with the customer.

In doing this what you have just created is a joint and several liability contract for the cost of the repair, which in effect makes the tenant/customer equally liable for the cost of the repair as well as the Letting Agent/Work Provider.

So if the Letting Agent/Landlord or Work Provider fail to pay up or reject your invoice for whatever reason, you now have the ability to pursue the tenant/customer.

I trust this helps explain this for you.

Regards

Jackal

[bazza500]

Re: Standard Terms & Conditions Of Sale

Hi Jackal,

Do you have to leave the whole T&C’s with the tenant/customer or can you just leave the part which relates to them? I ask this because the T&C’s run to approx 11 pages but the part about the customer being liable would fit on the rear of the invoice.

Thanks, Bazza

[Jackal]

Standard Terms & Conditions Of Sale

The T&Cs used by ISE were designed to deal with a primary retail scenario with a provision for a repair facility as an add on.

I have a set which relate to repair only operations which are 1 A4 page long and are designed to be printed on the reverse of a job card.

We have the professionally printed so when our engineers call they load them into their printer and print a job sheet with them on the back.

I am out of my office for the rest of the week but I will forward the to Ken over the weekend so he can put them up here so you and others can download them and edit the name so they are relevant to you business.

I would do it myself but I haven’t got the first idea on how to load it up here.

Unfortunately the necessary clauses make reference to other sections of the T&Cs so unless you know how to reword it all it won’t make sense, so just leaving this section with the cust won’t help much on its own. For example in the above clause it makes reference to another clause known as Section 5.

For me section 5 details how and when payment is to be made thus it enables action to be taken if you are not paid within the stipulated time frame otherwise you can get strung out for god knows how long waiting for payment or the rejection notice.

Best regards

Jackal

Sent from my iPhone 4s using Tapatalk

[kwatt]

Re: Standard Terms & Conditions Of Sale

Hi Jackal,

If you send the file to me I will upload it for distribution.

K.

[Martin]

Re: Standard Terms & Conditions Of Sale

Here’s a possible cut-down version for you Bazza 😀

Terms and Conditions of Sale
Definitions : –

1.1 “Bazza & Co” means Bazza & Co, 123 High St Anytown. Scotland
2.1 “Buyer” means any person or persons, firm or firms, company or companies, authority or authorities who shall order or buy the goods or services.
3.1 “Contract” means the particular individual contract for the supply of the goods by Bazza & Co to the Buyer.

Indemnity : –

The Buyer shall indemnify Bazza & Co against any loss or damage suffered by the Seller as a result of any claims brought against the Seller by any third party for:

1.2 any loss, injury or damage caused by the Goods or their use;

2.2 any loss, injury or damage in any way connected with this Contract provided that this clause will not require the Buyer to indemnify Bazza & Co against any liability for the Sellers own negligence or breach of Contract.

3.2 Where the person receiving the benefit of any Goods and or Services rendered by the Bazza & Co is an individual, they shall indemnify Bazza & Co at full commercial rates the amount invoiced to any Manufacturer, Retailer, Landlord, Letting Agent, Insurance Provider, Third Party Work Provider or other entity, whenever the invoice rendered to any Manufacturer, Retailer, Landlord, Letting Agent, Insurance Provider, Third Party Work Provider, Landlord, Letting Agent, Insurance Provider or other entity is not settled in full for any reason whatsoever. Payment by the person receiving the benefit of any Goods and Services is to be made in accordance with section 4.2 of these terms and conditions.

4.2 Notwithstanding delivery and the passing of risk in the Goods, or any other provision of these Conditions, the property in the Goods shall not pass to the Buyer until Bazza & Co has received in cash or cleared funds payment in full of all amounts due on the account.

[presser]

Re: Standard Terms & Conditions Of Sale

Jackal wrote:The T&Cs used by ISE were designed to deal with a primary retail scenario with a provision for a repair facility as an add on.

I have a set which relate to repair only operations which are 1 A4 page long and are designed to be printed on the reverse of a job card.

We have the professionally printed so when our engineers call they load them into their printer and print a job sheet with them on the back.

I am out of my office for the rest of the week but I will forward the to Ken over the weekend so he can put them up here so you and others can download them and edit the name so they are relevant to you business.

I would do it myself but I haven’t got the first idea on how to load it up here.

Unfortunately the necessary clauses make reference to other sections of the T&Cs so unless you know how to reword it all it won’t make sense, so just leaving this section with the cust won’t help much on its own. For example in the above clause it makes reference to another clause known as Section 5.

For me section 5 details how and when payment is to be made thus it enables action to be taken if you are not paid within the stipulated time frame otherwise you can get strung out for god knows how long waiting for payment or the rejection notice.

Best regards

Jackal

Sent from my iPhone 4s using Tapatalk

Firstly what a fantastic resource to to make available for free . We’ve been winging it for nearly 40 years without t&c’s but times have definitely changed ; i reckon these would have saved me several hundred pounds over the last 3 or 4 years :boops: .

Secondly, (enough of the brown-nosing)…………..did your shortened version for engineers make an appearance, ‘cos mine still use A5 triplicate hand written invoice books,so that would be really useful as well.

[Poppins]

Re: Standard Terms & Conditions Of Sale

I would be very interested to please.

Chris

[Author]

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