Terms and Conditions

I’m not going to go off on one of my legal rants here – honestly.

I’ll just mention how important it is, when dealing with consumers rather than other businesses, that you have watertight AND FAIR Conditions of Carriage and that you can prove that the customer has had the opportunity to examine your Conditions before the service is supplied.

It’s also particularly important to examine and record the condition of any items collected as part of a transaction between two parties that may well be unknown to each other. Punter A may say that his shite piece of furniture left his house in perfect condition, whil punter B will notice the scratches.

You’ve also got the issue of consequential loss. Your T&Cs might (should) exclude it, but unless you can prove that the punter has agreed to you T&Cs then you could be held liable for unlimited amounts. Even if they’ve agreed then unfair contract terms can be overturned very easily in court.

It’s an absolute minefield and in my opinion you’re all best off steering well clear of business with private individuals.

Now ignore me and carry on and I’m sure everything will actually be OK.

Posted under Courier Basics, Legal Issues

Posted by Alec at 5:44 pm, March 26, 2007

1 Comment so far

  1. Alec added on  March 27th, 2007 at 07:28

    jaymobFOOL wrote:
    So a big company with loads of money will roll over in court, but Joe Bloggs who`s bought shite off E-bay and got nowt will fight tooth and nail…………don`t think so

    The difference is that Big Company has to abide by the agreed conditions and has to pay its own legal costs, whereas Joe Bloggs has a whole load of consumer legislation protecting him, can get free legal advice from his local law centre, can call on Trading Standards to aid his case, can insist that a court case is held at HIS local court, has all the time in the world to piss about through the courts, is far less likely to take a compromise position to avoid inconvenience and is far more likely to make a claim to start with.

    Richard wrote:
    I know I have to write some watertight T&C’s, I would be gratefull for your input.

    No, if you want to protect yourself properly you need a lawyer to write some watertight T&Cs. Ours are as watertight as possible but I’m told that they’re unlikely to stand up in court if a private individual was to bring an action against us.

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