T & C’s or not to be, that is the question…

legal updates

If your T & C’s appear for the first time on the reverse of your sales invoice, it is too late for them to have any effect on the contract between you and your customer.

Read our disclaimer keyboard_arrow_down

This website content is intended as a general guide to law as it applies to the motor trade. Lawgistics has taken every effort to ensure that the contents are as accurate and up to date as at the date of first publication.

The laws and opinions expressed within this website may be varied as the law develops. As such we cannot accept liability for or the consequence of, any change of law, or official guidelines since publication or any misuse of the information provided.

The opinions in this website are based upon the experience of the authors and it must be recognised that only the courts and recognised tribunals can interpret the law with authority.

Examples given within the website are based on the experience of the authors and centre upon issues that commonly give rise to disputes. Each situation in practice will be different and may comprise several points commented upon.

If you have any doubt about the correct legal position you should seek further legal advice from Lawgistics or a suitably qualified solicitor. We cannot accept liability for your failure to take professional advice where it should reasonably be sought by a prudent person.

All characters are fictitious and should not be taken as referring to any person living or dead.

Use of this website shall be considered acceptance of the terms of the disclaimer presented above.

Placing terms and conditions (“T & C’s”) on the reverse of sales invoices is rather like closing the stable gate after the horse has bolted! Under contract law an invoice is generally a post contract document.

If your T & C’s appear for the first time on the reverse of your sales invoice, it is too late for them to have any effect on the contract between you and your customer.

In practical terms perhaps the best time to introduce T & C’s, if you have not already done so, is on the reverse of a proforma purchase order.

Having the customer sign the document to confirm that they have read, understood and accept your T & C’s is better still, with reference to them on the back of the order form if this is the case.

HowdenCompetitive, comprehensive, quick

One of the largest independent specialist motor trade brokers in the UK. Our extensive history of supplying insurance to the motor trade means we understand your business needs. By partnering with a specialist insurance broker like us, you get exactly what you need to protect your business.

Howard TilneyHead of Strategy / Legal AdvisorRead More by this author

Related Legal Updates

Service Contracts – the real cost of a bad decision

Read the terms and conditions very carefully as once signed, it is nigh on impossible to cancel the contract.

Accepting Lowball Offers 

What are your legal obligations when a customer makes a significantly low offer which you ”jokingly” accept? Will it be legally binding?

Sales on behalf of a Third Party

The Lawgistics’ stationery range includes a Sale or Return Agreement form that will be of assistance to you in such transactions. 

Who to and who not to trust

Vehicles have often been lent by trusting traders, without relevant paperwork, making the vehicle loan terms difficult to establish.

Divorcing couples and their cars

The vast majority of cases are not theft. They are civil disputes and for this reason we would initially recommend speaking to a solicitor or Citizens Advice.

Get it in writing

Besides being an account of entirely unreasonable customer behaviour, this is an example of what can go wrong with oral agreements.

Terms & Conditions

We can provide an overview of them plus tips on how to close any potential loopholes.

Get in touch

Complete the form to get in touch or via our details below:

Phone
01480 455500
Address

Vinpenta House
High Causeway
Whittlesey
Peterborough
PE7 1AE

By submitting this quote you agree to our Terms & Conditions and Privacy & Cookies Policy.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.