Terms of Business

Every business will supply its goods or services on the basis of contractual terms. To the extent that they have not been contractually agreed between the parties, they may be imposed by statute or implied by custom, course of dealings or the courts. The fact that this is not a satisfactory way to conduct business means that businesses will seek to impose specific terms on the contracts they enter into. Such terms will favour the side whose terms are accepted; these terms will often be specific to the particular industry sector, taking into account accepted industry standards, codes and legislation. Terms should be reviewed periodically to reflect both general law and industry-specific changes. Businesses which sell to consumers will particularly need to review their terms more frequently because of the frequency with which consumer rights are developed.

Businesses selling online or by other distance selling media such as telephone are subject to additional regulation.  Distance Selling, E-Commerce and Provision of Services Regulations provide mandatory compliance obligations in addition to the older statutory provisions.