Business Law and Using a Solicitor

6. Contract Tactics for Buyers

6.1 Use a solicitor to draw up standard terms of trade, which you can enclose with your order.

  • If possible, make sure it is agreed that your terms will apply, not the seller’s terms.

6.2 Protect your rights under the implied terms.

  • Ask for detailed product specifications.
  • Ask lots of questions – as if you do not know much about the product. Ideally, get written answers.
  • Insist, at the time of ordering, that the product must match the specification.
  • State what quality levels and standards you expect.
  • Tell the seller what you will use the product for.
  • Keep a record of claims made by the seller.

6.3 Examine the product thoroughly – or not at all, if you want to examine it later.

Otherwise, you may lose your right to reject it if you then find a defect.

  • Keep samples you examine for reference.
  • Do not sign delivery notes saying the goods were satisfactory until you have thoroughly inspected them. If you have to sign, make a note of any reservations you have (eg ‘goods not checked’) and let the seller know.

6.4 Ask the seller to inform you of any hidden dangers, limitations or quality changes.

6.5 If prompt delivery is important, tell the seller and confirm it in writing.

BHP Infosolutions

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