Terms and conditions will provide a business with protection, including:
The terms and conditions will vary according to different industries and business practices. It is essential that terms and conditions are tailored to the relevant industry and transaction. Generally terms and conditions will have certain clauses in common, including:
Terms and conditions must comply with all legal requirements at State and Commonwealth levels. This includes the Australian Consumer Law, Fair Trading legislation, and Privacy Act 1988. There may be penalties to a business that does not comply with these requirements, for example where there is a misleading statement in the terms.
Terms and conditions must be disclosed to customers before entering into contracts. There should be a signed acceptance of the terms and conditions from the customer. A business may be legally affected (e.g. cannot enforce the terms and conditions) if it does not properly disclose terms and conditions prior to or at the time of entering into the contract with the customer.
Our commercial lawyers have extensive experience in preparing business contracts and terms and conditions for all businesses. If you are running a business and require assistance with preparing a business sale contract or terms and conditions or require a review of your existing contract arrangements, please contact Andrew Mitchard on (08) 8231 1110 in get in touch online.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
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