Terms and conditions of sale and purchase (of goods and/or of services)

The law governing the sale of goods and services is mostly contained in legislation. In the context of a business-to-business sale of goods contract, the two most important instruments are the Sale of Goods Act 1979 (SGA) and the Unfair Contract Terms Act 1977 (UCTA), although other acts will need to be considered. For services, the relevant provisions in respect of business-to-business contracts for services are governed by the Supply of Goods and Services Act 1982 (SGSA), although generally the common law (rather the SGSA itself) governs contracts for services.

The preparation or revision of standard terms for goods/services requires significant input from the business, which our team will always assist with. Our team will take the time to get to know your business, how sales or purchases work for your company and how your relationships with customers/suppliers are formed.

The input from your company, working with our team, is vitally important as parts of standard terms are driven by purely commercial decisions and the business’s sales process mechanics, for instance, payment terms, or how delivery is to be effected.

Specifically, if your terms are required to incorporate technical specifications of goods and services being supplied, this will need to be prepared by the business in the first instance, although our team will always ensure that any specifications align and sit alongside your terms appropriately.

Crucially, we will also provide guidance to make sure your terms are effective as possible, enabling them to be incorporated into your dealings with customers/suppliers with ease.

If the proposed arrangement with a customer/supplier is a long term arrangement, which is of high value and potentially higher risk, you may feel a supply contract is more appropriate.

Our team will ensure you are well protected legally and that the terms are designed and reviewed with your business in mind.

Our expertise with terms and conditions of sale or purchase:

Here are a small selection of the types of clients we have acted for and the work we have done in this area:
• We acted for a steel manufacturing company in relation to drafting its standard terms and conditions of purchase.
• We advised a respected local financial planner on his new client terms and conditions after setting up his own business.
• We have drafted terms of business and standard terms and conditions for the sale and purchase of goods and/or services for a wide range of clients, from small start-ups to large national and international businesses and organisations.

Initial Discussion

Should you have any queries regarding your terms and conditions of sale or purchase, please get in contact with Robert Capper, head of the Commercial Department, for an initial and no obligation discussion either by phone on +44 (0) 1905 744814 / +44 (0) 7909 970323 or by e-mail at rcapper@hcrlaw.com.