Wednesday, April 8, 2009

Don't Try to Save On the Cost of Circularising Customers

A lot of companies try to circumvent the time and postal expenses involved in circularising customers with new Terms & Conditions by endorsing them on invoices.

The belief that this alone is sufficient to incorporate the conditions into the contract is as widespread as it is misguided. Contracts are made long before invoices are rendered, and contract law makes it quite clear that agreement to accept Terms must be made prior to or at the time of making the contract and accepted by both parties.

Terms endorsed on the back of invoices are not enforceable, and cannot by any manner of means be made out to be so.

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