Our business works with a number of suppliers of goods and services who keep using their own standard terms of business when doing business with us. Can we change this?
It is often the case that the other party, whether a supplier of goods or services, wants to use their own standard terms of business when doing business with you. The disadvantage of this is that the standard terms of business are prepared for the benefit of the other party and not for you, and may contain provisions which are very detrimental. The temptation is to just accept someone else’s standard terms and conditions but we strongly recommend that you critically review the standard terms being offered, and either negotiate them or reject them and try and use your own contract. If you don’t have standard terms and conditions then this is potentially a big risk for you. The areas we find which need to be considered are limitation of liability, warranties, payment terms, termination, and quality control. If you don’t have your own standard terms and conditions of business then you will be doing business on someone else’s terms.
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