As a result of recent difficulties, we are making amendments to our standard terms and conditions which are issued to customers.  How do we implement the new terms moving forward?  Do we have to draw them to the attention of customers or simply send out the new terms with their next order?  Is there any way that we can apply the new terms to existing orders?
Terms need to be in place before entry into a contract to govern it. This means that sending out your new standard terms only after the contract (for example upon delivery or invoice) is too late. The contract is made when you accept the customer’s offer to buy. You can do this by confirmation given to the customer or by delivery in accordance with the offer’s terms. If you wish to retain control of the contractual terms, you should only enter into contracts via your order form (and not, for example, over the telephone). Provided your order form properly refers to the new terms and the customer has had an opportunity to see them (often they are attached or printed on the reverse) then they will apply. There is no general obligation to bring the changes to a customer’s attention. However if the new clause is particularly unusual or may be unfair you should do so. Also, in a consumer contract, regulations impose a duty on a seller to ensure that all written terms are expressed in plain and intelligible language. You can only apply the new terms to orders that you have already accepted with the specific agreement of the customer.

If you’d like to Ask Andy anything, please contact him at askandy@dbf-law.co.uk

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Excellent experience start to finish – always very responsive to any queries and the turnaround on the property I was buying was very quick, even in the busy time leading up to stamp duty deadline. Jenny was always very helpful and went above and beyond to close on a short timescale.

Ben Armitage

“Very approachable, practical solutions to problems, but most of all very responsive which I personally think is very important because if you need help, you need it quickly, or at least to know someone is looking at it for you”.

Joanne Rowe, Finance Director, Greater Manchester Chamber

“Always able to contact, very approachable, friendly and professional”

Nives Feely, JAM Recruitment

“I believe I have been able to establish a professional working relationship with everyone I have come into contact. Importantly, I sense the relationships which have been established give me the confidence that I can make contact with Davis Blank Furniss at any time and on any matter. I would also like to express my thanks to the very impressive “gatekeepers” who work in reception, not only for making me very welcome, but also for their professionalism”

Bill Pryke, CEO, Chartered Institution of Civil Engineering Surveyors

“Thank you for your efficient and friendly help throughout this process. We have had it easy but your approach has been part of that”.

Robert Amsbury (Conveyancing Client)

“I would like to take this opportunity to thank you personally for the ongoing support and assistance the firm has offered to our parents over the years. I hope also that we may be able to call on you if necessary in the future.”

Valerie Fisher (Probate Client)

“Jo always provides great service, understands our needs and delivers on her promises. Our needs are relatively simple but the complexity arises out of the volume of work and short time frames, Jo always delivers.”

Peter Fernandez, Corporate Director at Royal Bank of Scotland

“A big thank you to all who dealt with my wife’s claim… We would not hesitate to recommend Davis Blank Furniss to anyone that may be in a situation like we have been…”

Anon (Personal Injury client)

“Before putting my case in Kirsty (Morbey)’s capable hands I’ve met a couple of other solicitors. None of them listen to me as intently as Kirsty and showed me as much empathy and understanding as she did. Simultaneously she was able to look at my case from legal perspective, explain all the options and follow each of our meetings with written summary of the discussed matters (in timely manner). Her advice was invaluable and led me to successfully ending the case matter (hopeful for good). I’m forever grateful for he work and would definitely recommend her to anyone looking for reliable, knowledgeable and committed solicitor”.

Anon (Family client)
5 star service

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