30.07.2018

Top ten reasons to pimp your terms (Spoiler alert: The law is only one of them)

Whatever business you’re in, your customer terms and conditions are fundamental and foundational.

They’re the rulebook between you and your customer and set the standards and expectations for both parties upfront. They are one of the first interactions with a new customer as well as the first port of call if there’s a problem later on. Here are the top ten reasons to pimp your terms:

  1. The Law: We’re biased on this one, but the law tops the list. Where the law can offer you protections, exclusions or benefits, you should definitely be taking advantage of these. Poorly drafted terms can leave things open to argument and a failure to protect your position can have significant consequences.
  1. Credibility: Clear, well-presented and user-friendly terms say a lot about your business. You’re organised, prepared, reliable, easy to deal with and professional. However, if your terms are a shambles, this also says a lot.
  1. Insurance: Disputes are expensive and draining. So get your terms in order ahead of time and you’ll be well-placed to protect your position, resolve a dispute or otherwise manage the situation if things go pear-shaped. 
  1. Admin: Take the guesswork out by including clear mechanics around ordering, delivery, returns and payment. This should make things administratively easier for everyone and minimise the scope for argument or miscommunication. 
  1. Time is money: The practical aspects of a business are often poorly reflected in terms. Save time and money by auditing your business systems alongside a review of your terms to improve and streamline your operations. 
  1. Negotiation: The format of your terms is important.  A standard terms ‘look and feel’ implies that this is how you do business and there is little scope for negotiation. Less ‘push back’ from your customers means more time to focus on your business. 
  1. Close the deal: Strike while the iron is hot by getting your terms out ASAP. As a high-use document, your terms should be user-friendly and easy to complete with speed and accuracy to suit each job. 
  1. Version control: Take document tampering out of the equation. We can draft ‘fill in the gaps’ style terms with the variable information at the front and the key terms at the back which cannot be altered by anyone without your authority. 
  1. Marketing: As a high-use document, your terms are out in the market.  So think of them as a marketing opportunity – be proud of your shiny new terms and blaze your logo across them. 
  1. Investment: For the reasons above, reviewing, redrafting or updating your terms is money well spent. By using the document again and again, you stand to gain a huge return on investment and significant upside. 

If you would like to review or update your terms, please get in touch. We would be happy to pimp your terms.

Do you need expert legal advice?
Contact the expert team at Hesketh Henry.
Kerry
Media contact - Kerry Browne
Please contact Kerry with any media enquiries and with any questions related to marketing or sponsorships on +64 9 375 8747 or via email.

Related Articles / Insights & Opinion

UK Court of Appeal rules that that courts can order parties to engage in ADR: Churchill v Merthyr Tydfil County Borough Council [2023] EWCA Civ 1416
The England and Wales Court of Appeal (EWCA) has held that in certain circumstances, the courts can order parties to engage in alternative dispute resolution (ADR) or stay proceedings to allow the par...
24.07.2024 Posted in Construction & Disputes
Health and Safety Tiles
Updated Guidance: IOD and WorkSafe release ‘Health and Safety Governance – A Good Practice Guide’
While we wait with bated breath for the outcome in the prosecution of former Ports of Auckland CEO, Tony Gibson, officers’ duties are very much at the forefront of everyone’s mind. Section 44 of t...
23.07.2024 Posted in Employment & Health & Safety
Knowing your limits: High Court confirms liability caps in engineering consultancy agreements are consistent with Building Act duties
Design errors in a construction project can result in millions of dollars in loss.  Standard form consultancy agreements typically limit the amount that can be recovered for such errors.  The cap on...
09.07.2024 Posted in Construction & Disputes
glenn carstens peters npxXWgQZQ unsplash
Sender beware – how private are digital workplace conversations?
Following on from the recent Official Information Act request for correspondence between Ministry of Justice employees, employees may be wondering how private their online conversations with colleague...
04.07.2024 Posted in Employment
Concrete pillars impressive
TCC confirms Slip Rule limits in Adjudications
The Technology and Construction Court (TCC) has confirmed the narrow parameters of the ‘slip rule’ in the UK, which allows adjudicators to amend their determination to correct for any clerical or ...
02.07.2024 Posted in Construction & Disputes
Scots rule standard notification clause was condition precedent
In a warning for contractors, a Scottish Court has ruled that a standard form notification clause was a condition precedent to recovering time-related costs (TRCs) (FES Ltd v HFD Construction Group Lt...
01.07.2024 Posted in Construction
rape blossom
Anticipatory Repudiatory Breach and the Date of Default: Ayhan Sezer v Agroinvest
The decision in Ayhan Sezer v Agroinvest [2024] EWHC 479 (Comm) clarifies that where there has been an anticipatory repudiatory breach of contract, the “date of default” is the date of the breach ...
25.06.2024 Posted in Trade and Transport
SEND AN ENQUIRY
Send us an enquiry

For expert legal advice, please complete the form below or call us on (09) 375 8700.