It isn’t often that we can provide an example of why you should always be careful of what terms you contract with. However, I have recently come found an example on why you should ensure you read your terms.

“As part of a gift, I received a copy of a new game for my console from a well known studio. As part of the initial set up of the game on the console, I had to configure the brightness setting with the advice being generally being to set it so that the text was barely visible. Against the settings suggestion, I set the maximum level of brightness, what was revealed was a joke set of terms potentially selling my person and likeness to an in-game character corporation with a poor record on respecting the rights of individuals.

Naturally it was a joke, such a contract would not be enforceable in England (but it did provoke my brain to think about it for a few minutes) and not without hesitating and actually pressing the button to go back I proceeded with setting the brightness and playing the game.”

The terms, whilst clearly a joke, highlight why it is important to review the terms you are about to agree to and if you are unsure, to take legal advice before proceeding. In many cases it could easily be a set of terms with an unfavourable limitation of liability clause or including an indemnity for risks that you may not agree with.

There are also the pitfalls of whom a contract is with, for example, a consumer customer triggers different requirements and rights by law such as the 2-week period in which they can change their mind and cancel the contract between you or the different additional rights consumers have in relation to the return and/or refund for products.

It is important to carefully review the terms of an agreement you are about to enter into as a business and make sure you understand what it is that is required of you in the contract. Although contracts may tend to come under scrutiny only really for performance when a court is involved, good practice is to know your contracts and what you are agreeing to.

If you are a business and require assistance in drafting contracts or dealing with terms and conditions, please contact our specialist Lawyers in our Corporate Commercial team.

The post Contracts – Knowing your terms and your business appeared first on Brindley Twist Tafft & James.

If a product is supplied and payment is not received, you may need to begin proceedings to recover those monies. There are always variables affecting the speed by which you can obtain payment or whether you are able to recover your money. What can a business do to make sure they’re in a stronger position to obtain their payments.

Who are you contracting with

Before you begin supplying a product or service to a new customer, it is important you make sure you know who you are contracting with and their details. For example, are you contracting with an individual or a company? You will need an address, in the case of companies a trading address is more useful.

In some cases, many companies are part of a larger group of companies where the names of the differing companies as part of the group contain the same name but in different variations. You can easily believe you are contracting with the parent holding company and in reality you have contracted with another part of the group.

It is therefore best to know exactly who(or what ) you are about to supply goods or services to before you begin.

Ensuring payment

When confirming who you are going into business with, it is possible to take the opportunity to assess whether you need to take steps to make sure payment will be made. In the case of contracting with a company when looking at the company’s details at companies house, you are able to look into further details such as when the company was incorporated, whether any of their assets have been used to secure loans/mortgages and their accounts.

By looking at the accounts filed at companies house you should be able to assess whether you need to include a personal guarantee for payment from a director or (in the case of a group company) if you want to ensure you contract with someone/something else. There are always options to try to make sure you receive the payment your business needs.

A written contract  

In many cases, terms and conditions are used to set the terms by which a business contracts. To ensure your terms are utilised, you would need to win what is known amongst lawyers as “the battle of the forms” the general rule is that the last terms served on a party when a contract is brought into existence are the ones that will be used.

In many cases, business is conducted verbally and concluded in a method not unlike a handshake, whilst this is convenient for many (less red-tape, less hassle) it can cause difficulties in the longer term, whilst a written contract sets out its terms that can be referred to by its parties and lawyers, a verbal contract is more complicated to establish.

If you need advice on commercial or corporate law or in the event of a commercial dispute please contact our expert team for more information

The post Healthier contracts – getting your business into better shape appeared first on Brindley Twist Tafft & James.

In the latter of the two options set out above, there is no requirement for the new owners to inform the current customer base that the company is under new ownership. As the new owners seek to put their own stamp on the company, there may be some changes to how it operates and their policies.

You may find yourself thinking “I’m not happy with these changes what can I do?”  or “This is not the service I am paying for” or even in a dispute with the new owners.

There are a few options you may have:

1. Review the terms/contract that governs the relationship between you;
2. Seek legal advice as to whether there is a breach of the contract;
3. Take note of notice periods in your contracts including any penalties.

It is key that you regularly review your business relationships and terms and conditions that you are contracting under to ensure you are getting the best value for money.

Our experienced solicitors at BTTJ can assist in this; for example providing reviewing services, drafting services and legal advice for businesses on contracts and terms. If the unfortunate event occurs that you become embroiled in a dispute, our expert team are here to help. Contact us for more information

The post Businesses and companies change hands…… what happens if we don’t want to do business with them anymore? appeared first on Brindley Twist Tafft & James.