Sales Documentation

The sales documentation is the basis of the contract with the customer and contains all the terms and conditions upon which each party may rely.

Whilst it is possible to have a verbal contract this is very difficult to prove and if the customer wants out it is very difficult to prevent.
It is essential then that all documentation including the order form, invoice, warranty, finance documentation and hand over forms are fully completed and signed. It is this that you will rely on if something goes wrong.

To ensure that you are in a stable contractual position the following procedures should be adhered to at all times:

i. Only company documentation should be used. Do not give written finance quotes on backs of business cards, receipts or scraps of paper.

ii. Complete all documentation in full and then obtain a signature from the customer and company representative. This shows tacit agreement with the terms and conditions of the contract.

iii. All documentation MUST be completed on trade premises. The customer is not to be permitted to take away documentation for signature. It is an offence if finance documents are signed off trade premises without the appropriate licence and the agreement becomes unenforceable without a Court Order.

iv. Terms as “sold as seen” and “no warranty given or implied” are illegal terms when used with a prospective customer. They are ONLY permitted in genuine trade sales.

v. The Unfair Contract Terms Regulations prohibits small print that is illegible, unintelligible or written in legal ease. Any terms that are restrictive or one-sided will be deemed unfair. The Office of Fair trading may also obtain an injunction against you to prevent you using the documentation. DO NOT insert unfair or overtly restrictive clauses into your documentation. If drawn to the Trading Standards attention you could find that your Consumer Credit
Licence is at risk.