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Legal Services

It’s all in the small print

Fraser Cunningham, partner and head of company and commercial at Smith Partnership Solicitors, offers his advice on setting out terms and conditions in a contract.

As a business owner, you are always advised to set out clear terms and conditions of your business in order to protect yourself personally and your business. This is to ensure third parties are aware of how your business operates, that you get paid and to cover UK employment regulations. Having legal experts on board to

advise you along this journey is always recommended for your businesses long-term success.

Fraser Cunningham

Clear and relevant customer contracts It sounds obvious, but clear and effective terms and conditions can prevent disputes arising with your customers. Many business owners do not think about the consequences of not having them in place at the beginning. The key factor in reducing delayed payments and keeping your cash flow

healthy is knowing what procedures you are governed by – and what terms your customers are bound by. It’s important therefore to have accurate terms and conditions that are applicable to your business. If your terms and conditions are incorrect or irrelevant, they can be

difficult for the customer to understand, especially if you aren't adhering to the terms and conditions because they're not relevant to your business.

Essential T’s & C’s for a sale of goods contract: • The point at which the contract between you and the customer is formed • The goods/services you will provide • Delivery arrangements • When risk and ownership of the goods passes to the customer • Price and payment • Your right to charge interest on late payments • If you provide any guarantees or warranties in respect of the goods/services

• If and how, each party can end the contract. 42 CHAMBERLINK July/August 2016

Tread carefully with employment law We all know that employment law can be very daunting for any sized business, especially considering that this area of law is fast-changing, highly complex and can be costly if you get it wrong. If you don’t have a HR department or qualified HR expert within your

team, you would be advised to find external support to meet all the required UK employment legislation, such as: employment contracts and handbooks, disciplinary, grievance procedures and dismissals.

Essential T’s & C’s for an employment contract: • The point at which the contract between you and the employee is formed

• The job title for work required • Hours of employment • Location of employment • Salary and terms of payment • Holiday entitlement • How each party can end the employment contract.

One size does not fit all From Smith Partnership Solicitors’ extensive experience, we recognise that one size contract does not necessarily fit all. Working closely alongside you, we would always aim to develop a real

understanding of your business and its needs, so that its business and trading contracts are tailored to your specific requirements and accurately reflect the spirit of the deals you have agreed. We can offer a range of commercial law services for any kind of business, such as: • Agency, distribution and franchise arrangements • Licensing, manufacturing and supply arrangements • Sale, supply and purchase of goods and services • E-commerce • IT agreements • Intellectual property

We fully understand that when dealing with key business arrangements and contracts the speed of response from your professional advisers is essential and we work with you to hit your required deadlines.

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