1. Trading Conditions & The Importance of Incorporation James Staines

2. Why have T & C Clearly sets out each sides’ obligations Removes room for dispute Strengthens your case in the event of litigation You set the parameters – arbitration v litigation Makes life easier for your solicitor

3. Parameters Sale of Goods and Supply of Services Act 1980 Consumer Credit Act 1995 Custom and Practise in the Trade Terms and Conditions in Contract

4. Incorporation I “..trade under terms and conditions…” Notice before contract is concluded Can’t seek to retrospectively apply terms Not necessary that the conditions were read Reasonably sufficient notice

5. Tips Main Points T&C’s incorporated into Sales docket At the start “negotiation” stage Not after agreement. Danger of the “One off” contract When quoting for a job, at all times ensure that your offer includes an express written reference to the Conditions.

6. Tips Conditions available by email, fax or letter; Standard letter. Standard Invoice Saved as a PDF file - easily emailed. If quoting on phone expressly say subject to the Conditions confirm conversation in writing email/fax Attach PDF copy of the conditions or link.

7. Warranty S10 – SOGSOS -Implied Warranty – Title, Description, Sample S12 – SOGSOS –Implied warranty for spare parts service:- As set out in offer/advertisement For period stated; If no period stated – “reasonable”

8. Warranty Set out in T & C’s Clearly set out conditions:- – hours; Milage; Length – 6 months/2 years Manufacturers’ Warranty

9. Irish Asphalt Case Had sought to limit damages to the value of the product delivered Argued T & C’s had been incorporated as follows:0 by signature: delivery dockets signed by Elliott Construction’s site foreman referred to its terms and conditions. by actual notice: its terms and conditions were set out on three credit notes provided to Elliott Construction. by reasonable notice: Elliott Construction’s site foreman had reasonable notice of its terms and conditions. by a consistent course of dealing between the parties. by reference to trade custom. All arguments rejected by Supreme Court

10. FTMTMA T & C’s