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• PRO

  Phil Voice September 21, 2010 at 7:13pm

  Hi Martin
  Thanks for bringing this up as it's an important twist on how terms and conditions are applied.
  
  Their terms and conditions will override yours.
• PRO

  Gary RK September 21, 2010 at 7:14pm

  There is a protocol in place for this. It's common game when dealing with commercials. I've got it documented from some business training and will try to dig out and post, but in essence;
  
  It's the last set of t&c's sent before a 'contract' (verbal or written) was deemed to be in place (which is not necessarily the same as putting an agreement in place - as certain actions are deemed to initiate an contract, whether explicit or not).
  
  However, unless it's all in writing it would be hard to prove...
• PRO

  Gary RK September 21, 2010 at 7:37pm

  Here's the guidance from Solictors (the 3rd slide at bottom of page) on the T&Cs game....
  
  My take is that your T&C's are the ones in force as long as your accepted quote was signed and dated - ie that was when the contract was formed.
  
  Large companies often try to sneek their T&Cs on the back of subsequent correspondance and 'assume' they are the ones in force.
  
  If I remember correctly there have been a few landmark court cases that support the assertion in the business training I had from the Solicitors.
  
  Happy to scan the rest of the notes and make available...
• 

  Fenlandphil September 21, 2010 at 10:00pm

  I have had a similar situation to this (see thread on getting paid), as The purchaser had agreed my terms and conditions when they accepted the quote, then hadn't abided by them by not sending a deposit I have refused to start the work.
  What you could do in this case is when you send an invoice have on it, all goods and services supplied subject to our standard terms and conditions and enclose a copy with your invoice.
  
  Gary RK said:

  Here's the guidance from Solictors (the 3rd slide at bottom of page) on the T&Cs game....
  
  My take is that your T&C's are the ones in force as long as your accepted quote was signed and dated - ie that was when the contract was formed.
  
  Large companies often try to sneek their T&Cs on the back of subsequent correspondance and 'assume' they are the ones in force.
  
  If I remember correctly there have been a few landmark court cases that support the assertion in the business training I had from the Solicitors.
  
  Happy to scan the rest of the notes and make available...
  • 

    Classic Gardens > Fenlandphil September 21, 2010 at 10:13pm

    Great advice thanks to everyone
    
    Fenlandphil said:

    I have had a similar situation to this (see thread on getting paid), as The purchaser had agreed my terms and conditions when they accepted the quote, then hadn't abided by them by not sending a deposit I have refused to start the work. What you could do in this case is when you send an invoice have on it, all goods and services supplied subject to our standard terms and conditions and enclose a copy with your invoice.
    Gary RK said:

    Here's the guidance from Solictors (the 3rd slide at bottom of page) on the T&Cs game....
    
    My take is that your T&C's are the ones in force as long as your accepted quote was signed and dated - ie that was when the contract was formed.
    
    Large companies often try to sneek their T&Cs on the back of subsequent correspondance and 'assume' they are the ones in force.
    
    If I remember correctly there have been a few landmark court cases that support the assertion in the business training I had from the Solicitors.
    
    Happy to scan the rest of the notes and make available...
  • 

    Classic Gardens > Fenlandphil September 21, 2010 at 11:32pm

    Hi 
    
    I used the one Phillip posted on the site but modified it to suit the way we work. 
    
    Fraser Watson said:

    Hey Martin, the contracts that i'm going after seem tobe getting bigger and bigger, would it be possible to see you t&c's to see if i'm missing anything?martin said:

    Great advice thanks to everyone
    
    Fenlandphil said:

    I have had a similar situation to this (see thread on getting paid), as The purchaser had agreed my terms and conditions when they accepted the quote, then hadn't abided by them by not sending a deposit I have refused to start the work. What you could do in this case is when you send an invoice have on it, all goods and services supplied subject to our standard terms and conditions and enclose a copy with your invoice.
    Gary RK said:

    Here's the guidance from Solictors (the 3rd slide at bottom of page) on the T&Cs game....
    
    My take is that your T&C's are the ones in force as long as your accepted quote was signed and dated - ie that was when the contract was formed.
    
    Large companies often try to sneek their T&Cs on the back of subsequent correspondance and 'assume' they are the ones in force.
    
    If I remember correctly there have been a few landmark court cases that support the assertion in the business training I had from the Solicitors.
    
    Happy to scan the rest of the notes and make available...
• PRO

  Phil Voice September 23, 2010 at 1:58pm

  Downloadable forms for anyone to customise - here